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Scenario Paper: Russia’s Criminal Justice System
Coral E. Flores Tolentino
Liberty University
CJUS701: Comparative Criminal Justice Systems
March 17th, 2024
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Abstract
Russia is the largest nation in the entire world with its size doubling the size of Canada.
Unfortunately, Russia comes with a troubled past during the time known as the Soviet Union.
Even after the dissolvement of the union, it continues to have a not-so-great relationship with the
democracies that surround it. The relationship between Russia and the United States has been
strained for years but as of 2016 that relationship seems to be beyond repair and as recent as the
Russia-Ukraine war, the two nations remain at odds with the United States taking up for Ukraine.
With a boosting economy, sixth in the world and the possibilities for a corrupt criminal system
due to the presidential favoritism as he appoints government officials, Russia is a nation to watch
out for and become educated on. Russia’s criminal justice system has many similarities with that
of the United States, but the execution is different.
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Scenario Paper: Russia’s Criminal Justice System
Russia is the largest country in the world, so big it is double the size of Canada which
happens to be the second largest country in the world. Russia also known as the Russian
Republic has eleven time zones, and it does not use daylight savings time. The republic was
established after the Russian Revolution of 1917, and it became a union republic in 1922. Russia
has a mixture of cultures due to its surrounding areas; the cultural composition is a blend of
European and Asian cultures since the country stretches from northern Asia to Eastern Europe.
Russia was not always known as Russia; it was known as the Union of Soviet Socialist Republics
(USSR) or most commonly referred to as the Soviet Union. With the dissolution of the Soviet
Union in 1991, Russia became an independent nation. For the most part, the inhabitants of
Russia are Russian but due to its widespread geographically, it contains more than 120 other
ethnicities which would call for it to be deemed a pretty diverse area since these different groups
all have different cultural traditions and religions and have brought their own languages as well.
Most of the population resides towards the European side of the region, near Moscow, the capital
of Russia. As one can expect, Russia has one of the largest economies of the world, ranked
number six overall. They are big on natural resources such as natural gas and oil (Britannica,
2019).
When it comes to transnational policies, Russia is strict. Russia has even gone as far as
militarizing the war against drugs in their nation. As it is common knowledge, Russia has not
always been the easiest of nations to be an ally with, so as a result the relations with the United
States have fluctuated throughout history. After the dissolution of the Soviet Union, the United
States and Russia had some shared interest in rebuilding their relationship and the U.S. supported
Russia’s reintegration in global organizations (Terrill, 2013). The United States even undertook a
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bilateral partnership in security cooperation during that time which Russia rejected (U.S.
Department of State, 2020). As it has been known in recent years, the relationship between the
United States and Russia are as bad as ever, especially in the past couple of years due to the
sanctions put in place by the United States due to the Russia-Ukraine war. During the 21st
century, there are only two widely known instances where the United States and Russia have
coordinated in some transnational issues to benefit both sides. The first one is during the period
immediately following the 9/11 incident, Russia helped the United States with information that
had been collected during the war in Afghanistan and the other instance happened during the
2008-2012 period when Washington and Moscow (both capitals) coordinated arms control. This
time period is known as the reset (Azizian, n.d.).
Other examples of where both nations were on the same accord are hard to find, they
have for the most part always been on opposite sides. Russian authorities have constantly
violated treaties/agreements with other nations. For example, in 2014, Russian troops moved to
occupy and take over the Crimean Peninsula which has belonged to Ukraine since 1954, this
violated an agreement between Russia, the United Kingdon, Ukraine and the United States. The
agreement is known as the Budapest Memorandum of 1994. This agreement specified that all
nations were to honor the authority of the Ukraine upon that area. Due to Russia’s unwillingness
to uphold their part in the agreement, the United States acted and imposed sanctions on Russia’s
access to the financial market. Russia has been involved in multiple wars. The US government
also assisted the country in establishing a stable foundation. However, due to Russia's violation
of Ukrainian territorial integrity and sovereignty in 2014, the US government terminated the
Bilateral Presidential Commission (Christie, 2016). The commission had been designed to
enhance collaboration between the two countries. Therefore, Russia has been perceived as
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undermining the existence of organizations like NATO and the European Union, a move that
threatens democracy and the free market (Christie, 2016). In 2015, Russia entered the Syrian
civil war in which they supported Bashar al-Assad, the United States did not agree and thus it
triggered more tension between the nation states. Another reason for the strained relationship is
due to Russia’s involvement in the U.S. elections back in 2016. The United States holds very
strong democratic values and, in that election, Russia’s efforts to sway the election in Donald
Trump’s favor caused doubts about the country’s democracy as well as the use of its platforms
per a Mueller Report in 2019 (Stent, 2020). The biggest current issue between the United States
and Russia stem from the Russia-Ukraine war which the United States has opposed and shown
support for Ukraine by going as far as helping them financially and those issues can affect law
applications for United States internationals in Russia as well as the other way around
(Trenin,2020). The Russia-Ukraine war has been one of the most media covered events of this
decade.
The head of Russia’s federal system of government is the president and Russia has been
taking precautions to combat corruption within its administration which has been an issue for
them in the past. The president is the head of state, and they are tasked with selecting ministries
and the Prime Minister (Maggz et al., 2015). This alone shows that their justice system is not as
advanced as others. The rule of law and civil society is mainly absent (Hays, 2016). It is
unfortunate that the common view of the government is that they harass their citizens more than
it protects, thus the judicial system seems to be flawed. Many of their existing laws were created
during the Soviet era and those are still effective today thus not creating a democratic and
equitable judicial system for its people. The statues that reigned back then remain the nation’s
core laws thus making it hard to have any progressive movement in their laws. According to the
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readings, the justice system members are appointed by the president or his close friends (Maggs
et al., 2015). Thus, creating an unequal and one-sided viewpoint within the justice system and by
choosing his closest friends and demanding loyalty from those subjects, the president indirectly
controls all aspects of the judicial system. Much like the United States and other countries,
Russia does have a constitution. Russia is a federal and democratic state governed by the rule of
law. This constitution grants its residents civil, political, economic, social, and cultural rights.
These rights are outlined in the 1948 International Declaration of Human Rights and the
International Covenant of Human Rights of 1966 (Galeotti, 20017). The president appoints and
removes judge supreme and constitutional court justices and the attorney general as well.
There are two types of courts in Russia, the federal level courts which include the
Supreme Court and the Constitutional Court and the local courts. Russia does not have any
special courts for appeals like the United States does. However, appeals are handled by the
Constitutional Court. The Constitutional Court is tasked with resolving cases about the
constitutionality of normative legal acts regardless of the level of crime. The Supreme Court is
tasked with being the head of their court system thus allowing them to control the activities of
the lower courts and offering clarification of the judicial practices. Justices of the peace have
limited jurisdiction, offering justice on the local level. They are mainly tasked with resolving
criminal instances where the maximum punishment is less than three years jail term or property
disputes where the claims are below 50,000 RUB, while district courts handle mostly
administrative, criminal, and civil cases (Supreme Court of The Russian Federation, 2014).
District courts also handle the appeals against the justice of peace’s ruling. Section 71 of the
Constitution of Russia is the section that states that criminal and criminal procedure law fall
strictly within the federal bodies’ jurisdiction.
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I have always been a very driven individual with goals of opening businesses in different
nations, so naturally when I arrived in Moscow, I looked forward to starting my new adventure.
However, I was met with very strict guidelines and requirements to get a simple clothing store
set up. I had heard that with the right amount of money, you could do virtually whatever you
want, you just had to rub elbows with the right government official. So, I went on the search of
the officials to see what could be done. Once I made contact with these officials, I paid them off
to bypass the requirements and restrictions that were put in place, I bribed them. In Russia,
bribery undermines the people’s democracy thus it is highly opposed by their government. I was
caught in the wrong when I attempted to file returns and they realized I did not meet the required
criteria to be operating. To have a business in Russia, there must be an initial filing with the
Registrar of Trade, and this alone could take a very long time. However, I was trying to establish
a quick business venture and leave the country, only returning for short business dealings. After
this the form must then deposit capital into a Russian bank prior to submitting returns and I did
not have the proper registration paperwork because my bribe had allowed me to bypass this
stage.
An investigation was initiated into my business and due to their findings, I was detained
and subsequently sent to prison. During the arrest, the police informed me of my rights, which
included the right to say nothing, the right to an attorney, and the right to consular assistance as a
foreign. I was questioned and forced to divulge who I had bribed and who had helped me set up
my business illegally, there was an English-speaking officer present due to the language barrier
that we were confronted with. During the whole interview, the officers were taking notes and
recording of all I was willing to speak on and then I had to review them and sign the statement.
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Initially I was detained for a few hours while my identity was confirmed and then those
three hours were extended which they can do up to three days by following Article 122 of the
Criminal Procedure Code (Maggz et al., 2015). This code allows the police to keep a suspect for
three days without a procurator’s warrant. In that time period, the police informed the prosecutor
that they decided to incarcerate me. They issued an arrest warrant within a 36-hour period to go
by their regulations of the criminal procedures that they have in place which state the police must
arrest the suspect within 48 hours (Esakov,2012). After being detained, the officers must legally
notify one of the suspect’s relatives of their arrest (Esakov, 2012). In the United States, you are
allowed one phone call. Just as in the United States, I was allowed to have counsel represent me
in the court hearings and processes. I was appointed to one because I could not afford one. It is a
legal requirement to have legal representation unlike in the United States which you can waive
your right to council. The attorney can cross-examine witnesses and call defense witnesses to the
stand as well. I appealed the judgment of my involvement in these illegal activities and during
this appeal hearing there were twelve jurors and nine of them ruled against me due causing me to
remain in jail. As it happens in many foreign jails, these institutions are not foreigner friendly but
due to my immigrant status I was sent to a special correctional facility which was not any better
than the one I was initially booked into.
Bribery has a maximum of fifteen years imprisonment for a public official who receives a
bribe and up to fifteen years imprisonment for bribe giving. So, the official I bribed and myself
should both be serving the same amount of prison time. However, due to his influence and status
he was able to get around any prison time while I was sentenced to the maximum amount of time
possible and refused to be released to go home and just be banned from Russia. I believed that
the punishment seemed unfair due to me having to take this punishment alone, as well as it being
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my first crime in any nation. However, since I do not have any diplomatic immunity, I was
treated in whatever manner Russian authorities see fit. A foreigner was not going to get the easy
way out of whatever punishment they deemed necessary because this could be used as a lesson to
others to not come to Russia to partake in illegal activities.
In Russia, the criminal justice procedure starts with an investigation which is handled by
the police and a formal preliminary. Most minor investigations are handled by the police, and
they produce a report to the judicial system much like in the United States, minor crimes cam be
investigated by regular patrol officers and do not have to be passed on to the investigation
department. However, in Russia the duty of the police is to keep the scene safe and contacting
the procuracy within twenty-four hours. After this, a legally proficient investigator decides
whether an official criminal inquiry is required. However, the procurators must decide whether to
detain or release a subject within forty-eight hours. Prior to the trial, the suspect may be
incarcerated for a maximum of two months, but this may be extended to a maximum of 18
months (Galeotti, 2017). They can only restrict the freedom of a suspect if a court makes a ruling
within those first forty-eight hours of the suspect’s arrest.
The suspect is within his/her right to file an appeal against the decision of detention. In
order to appeal, the suspect must have the appropriate documentation and these documents must
be delivered to the court and the prosecutor within twenty-four hours. The judge then must make
a decision within three days after receiving that petition (Maggz et al., 2015). Unfortunately, due
to bribes and the untrustworthiness of the law enforcement in the area, these procedures may be
tainted due to them refusing to release suspects even after the judge has made the ruling to
release them.
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Russia has attempted to revamp their judicial system and have started to incorporate
human rights into the criminal and civil right procedural processes. However, human rights are
usually disregarded by difficulties stemming from weak judicial independence, lack of access to
international human right systems and the disproportionate prosecutorial powers (Christie, 2016).
Also, the president having such a strong influence in the criminal justice system could hinder the
necessary measures to get ahead because his beliefs are what make the judicial system run due to
his appointments. However, the system now offers legal representation aids for those groups
deemed disadvantaged such as those with disabilities and children without parental care such as
orphans. The European Court of Human Rights has placed procedures in place so that everybody
has access to the same basic needs from the justice system, access to justice, to obtain legal help
and shorten the length of imprisonment if feasible. These rights also enhance the conditions of
the incarcerated behind bars, they set out to provide a place with a good quality of life much like
in the United States where inmates have all they need while behind bars, they have access to
healthcare and necessities to survive and thrive while incarcerated.
The bible speaks on bribery in multiple chapters with the majority speaking on not being
bribed. However, in this case I provided the bribe which takes us to the book of Samuel 8:3,
which states, “but they were not like their father, for they were greedy for money. They accepted
bribes and perverted justice”. In the case of my crime, the government officials were blinded by
greed thus accepted my bribe for their own personal gain. By doing so, they perverted justice in a
way that shows that following the law of the land was not necessary if they gained what they
wanted out of it. When it did come down to prosecution and the time of justice, they used their
influence to get away from that trouble, but one can only hide from justice for so long. The next
verse comes from the book of 2 Chronicles 19:7, which states, “fear the Lord and judge with
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integrity, for the Lord our God does not tolerate perverted justice, partiality, or the taking of
bribes”. The official took the bribes, there is no integrity in his job duties and performance. He
has no morals or integrity, any loyalty to the country and the laws of the land which God
specifically states must be followed because that is the law, and the law must not be broken.
Bribing and being bribed both hold a negative connotation in biblical standards and should not
be done as both actions are done for one’s own benefit regardless of the laws put in place.
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