William Pomeranz, the Deputy Director of the Wilson Center's Kennan Institute for Advanced Russian Studies, both a historian and an attorney, has produced an ambitious book on the developing of law in Russia from Peter the Great to the present. He offers an erudite and balanced view of the role of law in Russia, nicely combining political and legal history. This is what all Russia scholars need to know about Russian law.
Pomeranz's view is that “the chronology of Russian law is best understood through the actions of individual rulers” (2), and he has structured his book in nine chronological chapters. The first is devoted to Peter the Great, while a few emperors share the second chapter. The third chapter deals with the important judicial reforms of 1864 under Alexander II and its aftermath. Chapter 4 discusses the revolutions and Chapter 5 the creation of socialist law, which is followed by Chapter 6 on socialist legality and illegality. Chapter 7 analyzes the long constitutional crisis from 1985–93; Chapter 8 Boris Yeltsin's 1993 constitution as a framework for reform; and Chapter 9 Vladimir Putin's restoration of state and law. A brief conclusion sums up the book.
The author offers several succinct theses that go through the different chapters. The main purpose of Russian law is to reinforce the power of the ruler. Therefore, the main theme is state and law, and the dominant judicial organ is not the court, as in a western country but the procuracy, which has also been responsible for state supervision since it was founded in 1722 by Peter the Great. Pomeranz contends that “in the absence of a single overarching ideology that covers over 300 years of Russian history, the theory of state and law represents Russia's most enduring government philosophy” (3).
Pomeranz emphasizes the importance of law in Russia, though it was less so and different from in the west. He underlines continuity. Russia's first law code was adopted in 1649, not very different from many European countries. The greatest step forward was the judicial reforms of 1864 under Tsar Alexander II. The division between the executive, legislative, and judicial branches of government were never clear in Russia, and the ruler always dominated over both legislature and judiciary. Conversely, Russia's dilemma is that decrees dominate over laws, and the sources of law have been multiple.
Similarly, the “distribution of power among the three main legal institutions—the judiciary, procuracy, and the bar—is also heavily biased in favor of the state, with the procuracy serving as the “eyes” of the sovereign” (168). The procuracy has dominated over both courts and defense attorneys all along. Another consequence is that “the harshness of Russian criminal law is contrasted with a surprisingly resilient and at times independent civil justice system” (167). It makes sense since the main purpose of the legal system was to maintain central power.
While state unity has been a fundamental principle, both tsars and Soviet rulers were surprisingly tolerant of variations in legal systems, as long as subservient territories observed their obedience to the ruler. Most starkly, throughout the nineteenth century, Finland maintained very different Swedish law. Most other empires were much less tolerant of such great variations in law. One of the ironies in Russian history is that the periods of liberalism, 1906–1917 and 1985–2000, have also been periods of dual powers and state weakness, rendering them not very attractive to many Russians.
Pomeranz has a keen focus on first principles, such as the collection of law, judicial reforms, the adoption of constitutions, and major legal codes. Remarkably, Russia did not have any constitution until 1906, but then it produced one constitution after another—1918, 1924, 1936, 1977, and 1993. The author analyzes what they achieved and where they fell short, but the emphasis lies on development and continuity. His verdict on Putin is a quote: “For Russians a strong state is not an anomaly . . .[but] a source and guarantee of order. . .” (144).
This is an outstanding piece of work. It is concise at 169 pages of text, with good international and Russian references and delightful quotes. It offers an even treatment of three centuries and an uncommonly nuanced analysis with a good eye for what is formal and what is real.
