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Russia’s Criminal Justice System
Christopher Martin
Helms School of Government, Liberty University
Author Note
Christopher Martin
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Christopher Martin.
Email: cmartin80@liberty.edu
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Abstract
Russia is a nation in northern Eurasia that is bordered to the west by Europe and to the north by
the Pacific Ocean. The country is bordered by the Arctic Ocean on one side. It is the most
populous and biggest nation on the planet in terms of land area (Dokic, 2020). Siberia is
surrounded by huge areas of forest and tundra, as well as mountains on its southern and western
boundaries. With the president in control of the state and the prime minister in charge of the
executive, the government is structured as a federation. As part of Russia's transition from a
centrally planned economy to a market-based economy, a large number of state-owned
enterprises have been privatized, and economic sectors have been liberalized.
Keywords: Russia, Criminal, Criminal Justice System, Country
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Russia’s Criminal Justice System
Russia's people and social structure
With hundreds of years of history behind it, Russia has a thriving cultural legacy that
includes literature, ballet, painting, and classical music. Visitors from other nations may find
Russia's brightly colored traditional clothes and intricate religious symbols to be a little dreary.
Those who are familiar with the country's history, however, will recognize that they represent a
rich historical legacy. A republican form of administration and democratic federalism are
established under Russia's Constitution, which was enacted in 1993. (Evans, 2012). Preserving
law and harmony is a responsibility shared by all branches of government in a given state. Apart
from that, citizens are not obligated to follow any specific ideology that has been imposed by the
government or by legal authority.
Economy
Russia operates on a mixed economic structure. Since the disintegration of the Soviet
Union and its command economy in the year 1991, tremendous progress has been achieved in a
number of industries. In terms of ownership, the United States now controls the natural gas and
oil industries. In terms of volume, Russia's state-owned gas company, Gazprom, possesses the
most substantial natural gas reserves in the world. (Glinkina, 2019). In addition, the nation is a
member of the Asia-Pacific Economic Cooperation and the EAEU, the Eurasian Economic
Union.
Global Issues Affecting Law Enforcement
It is clear that transnational organized crime (TOC) poses a significant and rising danger
to national and international security. International public safety, health services, and democratic
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institutions are jeopardized as a result of this (Pargendler, 2012). A few examples of transnational
issues that impact Russian law enforcement include:
1. Unauthorized migration.
2. Trafficking in human beings.
3. Drug and weapon smuggling.
4. Illegal animal and plant products are produced and distributed.
Sexual slavery and terrorist attacks are two more international concerns that should be taken into
consideration.
The relationship with the United States
A vital, important, and strategic relationship between Russia and the United States
continues to exist today between these two countries (Popkova et al.,2018). Both nations share
mutual interests in a variety of areas, including nuclear safety and security, nonproliferation,
counterterrorism, and space exploration, among others.
Government structure and its relevance to criminal justice
The Law of the Russian Federation of 1993 created a republican system of administration
in the form of a democratic, federal, and law-based state based on the rule of law and the rule of
law. Each of the three departments of government, the legislative, executive, and judicial, has its
own set of powers, which are outlined here. State-imposed or enforced ideologies are not
accepted in the nation, and there is no obligation to adhere to a specific religion or philosophical
system in this country (Medvedev, 2018). Russian courts are solely responsible for upholding the
law when it comes to criminal justice. Unlike the legislative and executive branches of
government, the judicial branch is self-governing and acts on its own initiative. Justiciable
processes include civil, criminal, administrative, and supervisory hearings.
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What is the country's legal family or foundation?
Civil law governs the affairs of Russia. The Family Code codifies the core elements of
family law into one comprehensive document. Families are governed by the Family Code or
federal law, which serves as the basis and fundamental source of legislation in this field of law,
while regional legislatures have legislative authority in this area of law. In Russia, there is a civil
law system in force. All laws in Russia, even those that are not codified, such as customary law,
must be compatible with the appropriate codes, regardless of their origin. Comparatively
speaking to bylaws and other sources of law, the judiciary's jurisdiction is fully derived from
legislative authority.
Russia's essential Criminal Justice System Components
The Russian Federation is a federated country with a unified administrative structure.
There are many different types of courts in Russia, but the most important is the criminal justice
Court of Russian Federation, federal courts, Supreme Judicial System of the Russian Federation,
charter justices, and courts of fighting for peace, all of which are appointed by the Russian
Federation's component organizations. Judges are independent decision-makers who, in all of
their decisions, comply with the rule of law.
Committed Crime
A corporation was suspected of overbilling a Russian citizen who operated for a
subsidiary of a French cosmetics business for services given by Glavpodpiska, a company that
provided the travel. The corporation was accused of the violation in 2019. Among the most major
financial criminal cases in recent history, this case was one of the largest ever brought in the
United States. At around 1400 on January 26, 2020, contact was made, and personnel from the
Federal Security Service and the Investigation Committee were deployed to 115 Wild
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Wing Lanes to investigate allegations of money laundering. They found evidence of money
laundering. It was demanded of them that they explain their legal business practices when the
CEO of the firm came on the scene. Under Russian law, financial institutions are required to
disclose any financial crimes that they become aware of and to take all necessary procedures in
response to such allegations (Glinkina, 2019). Because of their conviction in the case, the
Russian authorities have prevented the CEO from returning to the United States. Following an
inquiry, they were discovered to have used sales methods to cheat a state-owned wood firm out
of tens of thousands of rubles.
Russia's particular legislation
Fraud, according to the National Institute of Justice, is defined as the theft or acquisition
of property rights by deceit and abuse of the trust relationship (Article 159). When a business is
defrauded, the Ministry of Internal Affairs conducts a criminal inquiry into the incident to
determine what happened. A third-party investigator may undertake an assessment on behalf of
the Russian Federation's Investigation Committee, the Russian police, or the Russian
government. Russian Criminal Code No 63-FZ (as amended) makes no difference between both
corporate or commercial fraud and the broader criminal fraud charges that may be brought
against an individual under the law (Criminal Code).
Fraud may be performed in a variety of ways, including deception or abuse of trust,
embezzlement, and other types of criminal activity. These are the most important regulatory
legislation in Russia that deals with fraud. Criminal Procedure Code No. 174-FZ, dated
December 18, 2001 (as amended), and Administrative Offenses Code No. 195-FZ, dated
December 30, 2001 (as Amended) (Tuzhilova-Ordanskaya & Fedulina, 2019). Those who are
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natural or legal persons as well as state and municipal governments, and other organizations are
subject to this collection of regulations.
Understanding of Russian law enforcement
In Russia, the rule of law is not a way of life for a large number of people. As a
consequence, the government strives to make up for this shortfall by making the law as
punishing as it possibly can. From the beginning, the Russian police were hostile and
intimidating. Despite the fact that the CEO never attempted to fight or run, the investigating
police used force against him throughout the arrest (Medvedev, 2018). According to the
fundamental Russian principles for police employing personnel when arresting suspects, the
police officers were entitled to use reasonable force to take a person into custody while taking a
person into custody.
As an example, if an accused person resists by fleeing or putting excessive force on the
police, the officer would not be justified in employing unnecessary force against him. During the
questioning, they were not under any pressure to answer any questions. The pledge of silence in
Russia may only be taken by a person who has not been accused of a crime, according to Al
Jazeera (2020), if the individual is asked an incriminating question. A person undergoing
investigation, on the other hand, has the right, under Section 12, to refuse to answer any
questions that are posed to them. Their silence cannot, in addition, be used against them.
Dentation procedure for foreigners in Russia
A legal explanation is given to the prisoner, who is informed that they have legal options,
including the option of telling immediate family members or acquaintances of the suspect's
incarceration and the option of refusing to make any further explanations. According to Article
14 of the Federal Law issued on February 7, 2011, the individual's freedom of movement is
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effectively confined until the point when the time of incarceration starts, which is when the
individual's freedom of movement is effectively restricted. During the arrest phase and the first
few days in prison, it is necessary to isolate and disorient criminal suspects. During the arrest
procedure and the first few days in jail, it is common for the police to use severe physical force
against the suspects.
As soon as a detainee is taken into custody, he or she is unlikely to get access to a
counsel, and if they do, the attorney they receive may not be the one of their choices. A person
may be detained in Russia in four distinct scenarios, according to Russian legislation (Glinkina,
2019). Any person who has sufficient evidence that the subject has conducted an administrative
or criminal offense may be held by police for up to three hours at a time by the officer. It is
possible that the person will be held in order to verify their identification. Police officers have
limited authority to hold or arrest anyone who is suspected of committing administrative
offenses, which are also called misdemeanors or legal violations in certain cases. If certain
circumstances are satisfied, police officers are authorized to hold criminal suspects for up to
three days in accordance with Article 122 of the Criminal Procedure Code (CPC)
(Kremyanskaya & Rakitskaya, 2014). In some instances, the prosecutor's office must be
informed of the detention within twenty-four hours after the occurrence. Following notification,
the procuracy must determine whether or not to authorize the arrest within 48 hours of receiving
the information. The Russian criminal justice system now requires that arrested persons be
reported to their separate courts within 48 hours after being taken into custody in order to assess
whether or not they will face legal penalties. The enactment of a new criminal process code has
been delayed, as a result, and as a result of this, this rule has not yet been applicable.
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Criminal Procedure Law sections 89 and 90 provide that the police may hold someone if
they get an arrest warrant from the procuracy. Detainees must be identified by police officers so
that they may be informed of their rights, which include the right to stay quiet, the right to
answer inquiries, and the right to meet with an attorney immediately upon arrest, all of which are
protected by the Constitution. According to Russian legislation, if a Russian person or national is
imprisoned by a foreign government, the police must inform the embassy or consulate of the
foreign government in which the citizen or national is held, as well as the Russian government.
As a result, the Russian government will advise and confer with the government of the United
States.
The Russian fraud court process
The Russian judiciary interprets and executes Russian law, which is necessary given that
courts are the sole way of executing justice in the Russian Federation. Both the All-Russian
Judges' Congress and the Russian Council of Judges have authority over the courtroom and its
decisions. Despite the many obstacles and general lack of trust in the court, significant progress
has been achieved in recent years, notably in the area of civil rights (Schultz et al., 2013). Under
Article 179 of the Civil Code, someone who commits fraud may be held accountable for the
restitution or reimbursement of the fraudulent person's property, in addition to compensation for
any further damages suffered by the defrauded party (Hendley, 2012). General fraud,
embezzlement, and other offenses may be prosecuted in the criminal justice system, and the
criminal justice system can be used to prosecute them. The offenses are therefore clubbed
together and maybe punished more harshly than if they had been committed one after the other
individually. Fraud, of the first criminal offense, may be committed during the course of a
bankruptcy proceeding the commission of the second crime. As a result, according to the legal
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procedure, the CEO will be responsible for the return of the funds that were scammed by the
company.
Incarceration and detention proceedings
Anyone accused of committing a crime punishable by imprisonment may be imprisoned
until the inquiry is concluded, according to Article 91 of the Criminal Procedure Code. As a
result, under Article 227(3) of the Criminal Procedural Code, the court has 30 days or 14 days if
the CEO will be imprisoned to commence the criminal case trial after receiving the indictment
and supporting papers from the prosecutor. A court may grant an extension of time if there are
good grounds to believe that the request is justified. For the foreseeable future, they will continue
to be held in the same open-prison communities.
Russia's criminal justice system's efficiency
The effectiveness of Russia's justice and judicial system may be attributed to the
country's ability to adjudicate and investigate criminal activities while protecting the rights of
suspects and victims in an impartial and effective manner. The European Court of Human Rights
(ECHR) has, on the other hand, found the Russian Federation guilty of serious breaches of the
European Convention on Human Rights (ECHR) in the last decade. The Russian criminal court
system has compensated the individuals who were the victims of these breaches. Some of these
compensations, on the other hand, have not yet been completely applied.
Human rights perspectives of treatment
Later, a human rights court ruled that the case was unreasonable and overturned the decision. In
this particular instance, the Russian courts reached an arbitrary and confusing conclusion, which
resulted in the CEO's imprisonment as a consequence. Despite the fact that three judges urged
that someone should investigate, the Human Rights Commission decided not to look into
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whether the case was politically motivated or a result of a competition between countries. With
regard to the ECHR ruling, the Russian Justice Ministry voiced its displeasure with the decision.
As a result, the European Court of Human Rights found that the case was unfair, finding that the
CEO had been convicted of behavior that could not be distinguished from routine commercial
activity. As a result of the decision, the Russian Supreme Court overturned the convictions and
ordered a fresh trial.
A comparison between the Russian criminal justice system and the Holy Bible
According to the book of Proverbs, money obtained quickly will decline, but wealth
gathered gradually would increase. The book of Proverbs teaches that things gained via evil are
useless, but that virtue protects one from death (10:2, NIV). Additionally, the same book also
says, “The greedy stir up conflict, but those who trust in the Lord will prosper” (Proverbs 28:25,
NIV, 2011). As a matter of comparison, the Russian Criminal Code, Number sixty-three-FZ,
which was enacted on June 13, 1996 (as amended), makes no difference between business or
industrial fraud and general criminal conduct fraud charges, according to the country's criminal
justice system (Criminal Code).
Conclusion
There are similarities between the way Russia’s criminal justice system works with the
United States. However, there are some differences as well. The laws in Russia are I little
harsher, along with the punishment. So, if someone says the laws in the United States are unfair,
look at other countries' laws and you will find that they are not so bad here. “Always giving
thanks to God the Father for everything, in the name of our Lord Jesus Christ” (Ephesians 5:20,
NIV, 2011).
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References
Al Jazeera. (2020, December 29). Russia charges critic Navalnywith 'fraud' in the new criminal
case. Breaking News, World News, and Video from Al Jazeera.
https://www.aljazeera.com/news/2020/12/29/russia-opens-new-criminal-case-against-
navalny-over-fraud
Dokic, I. (2020). Ensuring the Continuity of Family Law Protection after the Opening of
Succession Estate in Russian Law. Collection Papers Fac. L. Nis, 88, 233.
Evans Jr, A. B. (2012). Protests and civil society in Russia: The struggle for the Khimki Forest.
Communist and Post-Communist Studies, 45(3-4), 233-242.
https://doi.org/10.1016/j.postcomstud.2012.06.002
Glinkina, S. (2019). Russia's underground economy during the transition. In Underground
Economies in Transition (pp. 101-116). Routledge. 9780429021138
Hendley, K. (2012). Who are the legal nihilists in Russia? Post-Soviet Affairs, 28(2), 149-
186.https://doi.org/10.2747/1060-586X.28.2.149
Hendrickson Publishers. (2004). The Holy Bible: King James Version. Kremyanskaya, E. A., &
Rakitskaya, I. A. (2014). Russian constitutional law
Medvedev, D. A. (2018). Russia-2024: the strategy of social and economic development.
VOPROSY ECONOMIKI, 10.https://ideas.repec.org/a/nos/voprec/2018-10-1.html
Pargendler, M. (2012). The rise and decline of legal families. The American Journal of
Comparative Law, 60(4), 1043-1074.https://doi.org/10.5131/AJCL.2012.0010
Popkova, E. G., Bogoviz, A. V., Ragulina, Y. V., & Alekseev, A. N. (2018). Perspective model of
activation of economic growth in modern Russia. In Management of Changes in Socio-
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Economic Systems (pp. 171-177). Springer, Cham.https://doi.org/10.1007/978-3-319-
72613-7_16
Schultz, A., Kozlov, V., & Libman, A. (2014). Judicial alignment and criminal justice: evidence
from Russian courts. Post-Soviet Affairs, 30(2-3), 137-
170.https://doi.org/10.1080/1060586X.2013.856574
The Bible. (2011). Ephesians. BibleGateway. Retrieved from
https://www.biblegateway.com/quicksearch/?quicksearch=Ephesians&version=NIV
The Bible. (2011). Proverbs. BibleGateway. Retrieved from
https://www.biblegateway.com/quicksearch/?quicksearch=Proverbs&version=NIV
Tuzhilova-Ordanskaya, E. M., & Fedulina, E. V. (2020). UNFAIR CONTRACT TERMS IN
THE CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES. Juridical Journal of
Samara University, 6(1), 130-135.https://doi.org/10.18287/2542-047X-2020-6-1-130-135
