Public Assistance of Police during Criminal Investigations: Russian Experience

This study examines the high levels of public unwillingness to assist police in criminal investigations in Russia. Variables of public trust of police, fear of crime, victimization, and prior contact with police are used to explain this phenomenon. Also included in the study are variables of police fear and avoidance of police. The findings suggest that higher levels of distrust in, as well as fear and avoidance of police are strong predictors of citizens’ unwillingness to assist police in Russia. The paper discusses potential implications of these findings for the 2011 police reform in Russia

Russian Cultural Factors Related To Perceived Criminal Procedure Fairness: The Juxtaposition Of Policy And Practice

The purpose of this study is to investigate the relationship between the Russian culture and citizens\u27 perceived fairness of the new Criminal Procedural Code of Russia of 2001 (CPC of 2001). The CPC of 2001 is a key policy in the Russian criminal law reform with the purpose of implementing adversarial procedure elements in Russia. The existing literature has documented the lack of public support along with observed violations of the CPC\u27s major provisions which as made this an important area for study. It is theorized that the apparent contradiction between the underlying values of the Russian culture, and CPC\u27s adversarial procedure that reflects anti-cultural values, are responsible for the lack of substantial public support and acceptance of the CPC of 2001. The theory of motivational values developed by Schwartz (1990) is used as a framework to examine the Russian culture. Damaska\u27s (1986) theory of procedural models is used to examine the adversarial elements of the new CPC of 2001. The group value theory of fairness is employed to examine the relationships between Russian cultural values and the public opinion about the criminal procedural law (Lind & Tyler, 1988). The study used a multi-stage stratified random sample of 1,588 Russian residents to explore the relationship between the culture and the perceived fairness of the CPC of 2001. The sample is representative of the Russian Federation population. The data is analyzed through four structural-equation models, a set of non-parametric tests, and descriptive statistical analysis. The findings of this thesis confirmed that cultural values in Russia are predominantly collective. On average, 69% of Russian respondents reported that collective values play a very important role in their life. The type of prevailing values was dependent on the demographic characteristics of the sample: age, gender, place of residence, level of education, marital status, and household income. It was found that the majority of Russian citizens believe that the inquisitional criminal procedure is an ideal of fair law. On average, 72% supported the inquisitorial procedural model in Russia. Unlike the adversarial procedure, the inquisitorial procedural model is not based on competition between the equal parties of prosecution and defense. Instead, it is viewed as a cooperative process between the judge, prosecutor and defense in their inquiry into the circumstances of the case. The adversarial procedural model was not supported by most citizens. Only 33.5% reported that the adversarial procedural model can be considered fair. The study corroborated that the new CPC was not fully supported by the majority of respondents. An average of 27.5% of respondents in Russia reported that the CPC of 2001 is a fair law, in comparison to 72.5% who think that the CPC of 2001 is unfair. The findings validated that the CPC of 2001\u27s inclusion of adversarial procedural elements contradict key values of the contemporary Russian culture. It is concluded that the CPC of 2001 should be reformed to facilitate citizen acceptance. Greater acceptance will support the attempt to advance the democratization of the criminal process through increased civil rights while simultaneously enhancing positive social control. It is proposed that the planned policy reforms that contain additional elements of the adversarial criminal procedure be introduced in a phased manner. It is also recommended that the adversarial procedure values should be publicized through public awareness educational programs. The data analysis also suggests that confounding factors such as citizen distrust of the criminal justice institutions can contribute to problems associated with acceptance of the criminal law reform. The research model developed for this study can be used to examine policies related to criminal law reform in other former Soviet Union countries

Death Penalty Politics and Symbolic Law in Russia

In contemporary Russia there is widespread support for the death penalty. Recent Russian presidents have endorsed the nation’s entry into the European Community (EC). The dilemma is that the price of membership into the EC is total abolition of capital punishment. The Russian Duma is much less popular than the president, even though it sides with public opinion in supporting capital punishment. Since 1997, these conflicting political positions have been temporarily neutralized by leaving capital punishment legislation in place but allowing the Russian president to offer clemency to all sentenced to death. In 1999, the Constitutional Court of Russia placed a moratorium on all death sentences until jury trials are re-introduced throughout the nation

Law Enforcement

ISSN:1863-042

Plea Bargaining Implementation And Acceptance In Modern Russia: A Disconnect Between The Legal Institutions And The Citizens

This study examines the scope, results, citizen attitudes, and practices of consensual justice reform in Russia. The Russian Federation adopted a new Criminal Procedure Code (CPC) in December of 2001, which included a procedure closely resembling plea bargaining and termed special court order proceedings. The 2001 CPC reforms were intended to move further away from the accusatorial legacy of the Soviet judicial system and closer to a western adversarial model. Criminal cases (N = 316) over a 4-year period (2004-2007) from one district and one regional courts were examined to determine the application and judicial practices associated with plea bargaining. A national representative citizen survey (N = 1,588) was conducted to measure attitudes related to plea bargaining knowledge and acceptance. The study found that 6 years after the introduction of the special court order proceeding, over one third of cases were settled through the special court order proceedings. The use of the special court order proceeding has grown steadily during the period from 2004 to 2008. The majority of citizens reported the special court order proceeding was unfair and less than 20% perceived the reform as fair. Few citizens were knowledgeable about the plea bargaining reform. The introduction of the special court order proceeding has been moderately successful in the judicial system; however, there are systemic hindrances to increased use and citizen acceptance. © 2009 Georgia State University

Understanding The Modern Russian Police

Understanding the Modern Russian Police represents the culmination of ten years of research and an ongoing partnership between the Volgograd Academy of Russian Internal Affairs Ministry (VA MVD) and the Volgograd branch of the Russian Presidential Academy of National Economy and Public Administration (VAPA). The book provides a timely and comprehe

Understanding the Modern Russian Police

Understanding the Modern Russian Police represents the culmination of ten years of research and an ongoing partnership between the Volgograd Academy of Russian Internal Affairs Ministry (VA MVD) and the Volgograd branch of the Russian Presidential Academy of National Economy and Public Administration (VAPA). The book provides a timely and comprehensive analysis of the historical development, functions, and contemporary challenges faced by the modern Russian police. Spanning more than two centuries of history, the book covers: The tsarist police evolution that witnessed the creation of the Ministry of Internal Affairs of the Russian Federation (MVD) in 1802 and concluding with the 1917 October Revolution The Soviet era from the 1917 October Revolution until Stalin’s death in 1953 The Khrushchev and Brezhnev periods, and the Soviet police’s maturation into a professionally educated and well-equipped law enforcement system The transformational period of police development beginning with Gorbachev’s perestroika and concluding with the first term of Putin in 2008 The structure, authority, and workforce of the modern Russian police Public-police relationships existing today in Russia Reports by Amnesty International and Human Rights Watch on corruption and abuse of power, along with a legal analysis of practices by the European Court of Human Rights (ECHR) The 2011 Police Reform by Medvedev The book concludes with some predictions on the future of the Russian police and its potential reforms. Encompassing the efforts of many great researchers from Russia, this exhaustive review of the history of policing in Russia enables readers to comprehend the societal and political forces that have shaped policing in this country.https://epublications.marquette.edu/marq_fac-book/1118/thumbnail.jp