Russian Business Environment

In: Social Issues

Submitted By dl01949
Words 5030
Pages 21
Legal Environment

The Russian constitution states that Russia shall be a democratic and federal state with a republican form of government based on the rule of law. The Russian Federation is a federal state with sources of including the Constitution, federal laws and laws of subjects of federation. The Constitution is the supreme Russian law and major legislative instrument. The power base in Russia is basically divided between the parliament and the president. The Russian court system is composed of three essentially separate and distinct court systems. They are the: (1) Courts of General Jurisdiction; (2) Arbitrazh (or Commercial) Courts; and (3) Russian Federation (and in a few cases, "subject"-level) Constitutional Courts. (9) With respect to constitutional issues, in the Russian system, if a constitutional issue is encountered during the course of litigation in either the Courts of General Jurisdiction or in the Arbitrazh Courts, the constitutional issue is referred out to the Constitutional Court, adjudicated there, and then reported back to the appropriate non-constitutional court for further proceedings in accordance with the Constitutional Court's ruling. (The Russian Court System)

Arbitrazh courts are specialized courts for settling property and commercial disputes between companies and individual entrepreneurs, both Russian and foreign. Arbitrazh courts are granted special jurisdiction over disputes arising out of the application of legislation governing corporations, and consequently, disputes between companies and among shareholders and participants in Russian companies on all matters excluding employment issues. Under Russian law, foreign individuals and legal entities enjoy the same rights to sue and be sued in Russian courts as Russian individuals and companies. Russian civil procedure has traditionally been acknowledged by Western specialists…...

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