Comparative Law – Continental Law Prof. Giorgio F. COLOMBO

The Russian System and the Socialist Legal Family Lesson n.10

Is the Russian Federation a «Civil Law» System? Yes But in the period 1922 – 1989 it was not USSR The archetypal Socialist Law country

History IX century: Vikings (called Rus in their language) settlements Principality of Kiev Principality of Novgorod Russkaja Pravda (1280) Nomokanon (Orthodox Church)

Principality of Novgorod (1100)

Principality of Kiev (1237)

Russkaja Pravda (1280) Highly hierarchic society Regulation of revenge From nobles to peasants Regulation of revenge Only close relatives Only men Protection of the noble’s assets (including their servants, as semi-property)

The Mongol Invasion 1206-1337 Mongol Invasion Mongol customs did not spread to the local population Importance of the Church in preserving old laws

The Mongol Conquest

Principality of Moscow Principate of Moscow 1480 Tzar Ivan III the Great Unification of the kingdom 1497 Subdenik A unified set of laws for the entire country Replaced the Russkaja Pravda Still very conservative, enforcing the privileges of the nobles

Principality of Moscow

Peter I the Great (1672 – 1725)

Peter I the Great «Enlightened despotism» Convergence towards Western thought Extensive land and tax reforms Reform of justice (Prokuratura)

Attempts to codify the law In XVIII and XIX century Russian Empire, there were still in force old collections of laws Peter the Great, Catherine II (1729 – 1796), tried to create a codification However, they faced the opposition of the aristocracy and they are not supported by a powerful and influential class of jurists

Attempts to codify the law 1832 Svod Zakonov, a collection of laws, decrees, and court judgments 1913 the Civil code (mostly based on the German model) is enacted

1917 Revolution

The Communist Party takes control of the country

Marxism Karl Marx (1818-1883) Friderich Engels (1820 – 1895)

Basic Principles of Marxism «Historical materialism» A society is defined by social relations of production Exploitation of the workers The burgeoisie owns the means of production (land, factories) The proletariat (workers) work The profit goes to the burgeoisie Class conflict leading to Social revolution

Basic Principles of Marxism Socialism Social ownership of the production Distribution based on contribution Production for use Communism Stateless, classless, based on common ownership « From each according to his ability, to each according to his needs»

Marxism and the Law Abolishment of private property of land and means of production Collective ownership Planned economy Use for consumption Restriction or abolishment of trade The society allocates resources according to the needs

The USSR (Soviet Union) (1922 – 1991)

Soviet Law Marxism NEP (1921-1928) Collectivism Planned economy Abolishment of private property of land, factories, etc. NEP (1921-1928) Limitation of private property Collectivism Kolchoz and Sovchoz Planned economy strictly implemented No freedom of contract, etc.

Soviet Law Monopoly of the Communist (Soviet) Party over the political life (1936 Consitution, Art. 126) Political control over the law Judiciary – Prosecutors Lawyers Sources of law difficult to navigate Constitution Laws Decrees Notes, communications, etc.

From Soviet Law to Russian Law 1965-1984 restauration of orderly codifications in the federated republics De facto tolerance for private (small) enterprise 1986-1991 Perestrojka and «legislative revolution» 1991 Collapse of the Soviet Union Comoonwealth of Indipendent States 1992 Russian Federation Russian Civil Code 1995-2008

Is there a «Socialist» legal family? Cuba Vietnam Laos China North Korea?