1. Comparative Law – Continental Law
Prof. Giorgio F. COLOMBO

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

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

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

5. Principality of Novgorod (1100)

6. Principality of Kiev (1237)

7. 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)

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

9. The Mongol Conquest

10. 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

11. Principality of Moscow

12. Peter I the Great (1672 – 1725)

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

14. 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

15. 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

16. 1917 Revolution

17. The Communist Party takes control of the country

18. Marxism
Karl Marx ( )
Friderich Engels (1820 – 1895)

19. 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

20. 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»

21. 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

22. The USSR (Soviet Union) (1922 – 1991)

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

24. 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.

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

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