People to People Ambassador Programs
Law Delegation to Russia

April 18, 2005
Meeting with Chief Justice Vyacheslav M. Lebedev - Supreme Court of the Russian Federation
Submitted by: Victor Grimm

The session was held in the chamber where the Supreme Court Judges meet to deliberate and vote. The Chief Justice expressed his great pleasure to meet with colleagues from the United States. The Chief Justice asked Steve Walther to introduce his colleagues so that he knows who he is meeting with.

Steve Walther thanked the Chief Justice for giving us the time to meet with him. This is a unique opportunity for U.S. lawyers to learn about the Russian legal system firsthand. Mr. Walther explained that the group consisted of lawyers from throughout the United States. They are all fellows of the American Bar Foundation and each has been selected for membership based on their reputation and achievements. Mr. Walter also observed that the Chief Justice has held that position both during the days of the Soviet Union and through the transitional period. This is a testament to the respect that he enjoys from the people and the officials of Russia.

Mr. Walther remarked that the Chief Justice has served as a representative of his country in conjunction with American Bar Association activities devoted to promoting the rule of law both within Russia and beyond its borders.

Chief Justice Lebedev thanked Mr. Walther for his comments and spoke about his visits to the United States to work with the ABA in an organized framework to promote world peace through law. He spoke fondly of meeting and working with Charles Rhyne, former President of the ABA.

The Chief Justice suggested that the session proceed with members of the delegation prosing questions, because if he just started lecturing, we would not have enough time to finish on schedule. Chief Justice Lebedev explained that during the Soviet Union days he was Chief Justice of the Russian Republic, not the entire Soviet Union and now his is Chief Justice of the Russian Federation.

Mr. Walther began the questions by inquiring how many judges were on the Supreme Court. Chief Justice Lebedev stated that the Court consists of 125 judges. In response to further questions, the Chief Justice described the structure and operations of the judicial system.

There are three branches of judicial power, the Constitutional Court, the High Arbitration Court, and the Supreme Court. The Constitutional Court has the responsibility for interpreting the Constitution of the Russian Federation. The High Court of Arbitration deals with disputes among economic entities that are appealed from lower arbitration courts. The Supreme Court hears matters triable by courts of general jurisdiction. These matters include civil cases, as well as criminal and administrative cases. The Supreme Court also has supervisory authority over other judicial activity. The structure of the court system is established by Chapter 7 of the Constitution.

If a constitutional issue arises in the course of hearing of civil cases, a judge may make one of two decisions: (1) if the judge has a doubt about the constitutional issue, he or she can suspend the hearing and send a request to the Constitutional Court; or (2) if the judge is sure there is not a constitutional problem, he can make a decision and send a copy to the Constitutional Court.

International law principles are applicable in any court. If Russian legislation conflicts with an international treaty adopted by the Russian Federation, the treaty will have priority. Generally recognized international principles and treaties have priority.

Appointments of judges are made by the following procedure: judicial vacancies are published in official newspapers. Applicants for judicial positions must take an examination given by a special commission of judges, justices and prosecutors. If an applicant passes the exam, a collegium consisting of judges, legal community representatives and a representative of the President of the Russian Federation will review his or her qualifications. Information concerning applicants is also published. This procedure is used to fill Supreme Court vacancies and similar procedures are used to fill regional vacancies. Regional collegiums are used to fill vacancies at the regional level.

A Supreme Court candidate may be nominated by the Chief Justice to the President of the Russian Federation, and if the President agrees to the nomination, then the candidate is appointed by decree. The President rarely disagrees with such recommendations, although he as a right to do so. The President of the Russian Federation may also nominate a Supreme Court Justice. The upper Chamber of Parliament must approve the nomination by a simple majority vote. Judges are appointed for life but have an age 70 limit on their service.

If a judge does something to disgrace himself or the judiciary, disciplinary procedures are available. Such proceedings can be initiated in the appropriate collegium, by the Chief Justice of the Supreme Court or the Chief Justice of a regional court. Depending on the gravity of the misconduct, a judge may be reprimanded or removed from office. The collegium decision may be appealed to the appropriate court and ultimately to the Supreme Court. These decisions are all given to the press so that the process and decisions are available to the public.

With respect to the death penalty, the Chief Justice stated that since 1998 when Russia subscribed to the principles of the Council of Europe, the death penalty has been imposed in some cases but has not been carried out. Article 207 of the Constitution provides that the death penalty, until abolished, may be imposed as exceptional punishment for especially grave crimes against life, with the accused having the right to a jury. Although the Duma has not ratified Protocol #6 to the European Convention, Russian courts have not imposed the death penalty for least seven years.

The jury system existed at one time in Russia, but in 1994 the new jury system was introduced on a region-by-region basis. It has now been implemented in every region except the Chechen Republic where it is scheduled to be introduced next year. Under the jury system, the jury is the fact-finder, and its decision on the facts cannot be reversed by the trial court.

The Chief Justice described a recent incident in the Moscow city court which has received some publicity. A defendant charged with smuggling was acquitted and released. After the trial, the prosecutor went to a local restaurant and observed the defense attorney celebrating with members of the jury. Whether to investigate that incident is a matter for the enforcement agencies.

Private arbitration is allowed in Russia, and arbitration agreements are enforced. Where an arbitration forum, such as the International Chamber of Commerce, issues an award, the award may be enforced by an action in the arbitration courts.

The Chief Justice described the procedures of the Supreme Court. There are different types of courtrooms. Some courtrooms are similar to those in the United States where there are sitting justices and tables for the prosecutor and defense counsel and arguments are prese