Law and Compliance in Russia

Overview by

Business Contract

General Observation
You must define precisely the seller's obligations and the methods of quality control.
Law Applicable to the Contract
Russia is a signatory to the Vienna Convention on International Contracts.
Advisable Incoterms
For preference choose CIF or more.
Language of Domestic Contract
Other Laws Which Can Be Used in Domestic Contracts
Many Russian companies use British law for their financial transactions.

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Legal Framework of Business

Equity of Judgments

Independence of Justice
Judicial power in Russia is not independent. It suffers from corruption, lack of funds and qualified personnel.
Equal Treatment of Nationals and Foreigners
Foreigners cannot expect an impartial hearing in judicial matters.
The Language of Justice
Recourse to an Interpreter
Legal Similarities
The main source of the law is the Constitution of December 1993. The country's judicial system is based on a system of civil law and judicial reviews of various legislation.

The Different Legal Codes

Foundation of the State, individual rights Constitution (1993)
Business law, property law, protection of civic rights Civil Code
Criminal law Criminal Code (1997)
Labor law Labor Code (2001)
Tax law Tax Code (1998)
Checking National Laws Online
Database of the Council of the Federation (in Russian)
Other Useful Resources
Russian Law News
Consultant Plus, (in Russian)
Country Guides
Lexadin, Courts and Cases Russia

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The Jurisdictions

The Constitutional Court Examines the conformity of laws with the Constitution
The Supreme Court The highest authority for civil, criminal and administrative cases. Power of Appeal.
Federal or regional Court of Appeal Can judge serious cases in first instance
District court and Justices of the peace Court of first instance

Court Officials

Advise, represent and defend their clients.
About 20 000 spread over 100 colleges which intersect with judicial districts (like the Bar).
There are also about 20 000 lawyers who only work for a company (jurisconsults) and more and more American-style independent offices.
Examine cases and pass sentence.
About 20 000 who have passed an examination and then been co-opted.
Once in place, a judge has immunity and cannot be transferred.
Poorly paid and overworked, they are often suspected of corruption and lack of independence.
In charge of supervising enquiries, of investigation and accusation.
About 40 000 under the Public Prosecutor.
They still have considerable power, even if this has been reduced over the last few years.
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