The Gazette 1993

GAZETTE

I M N A GEM N JUNE 1993

Advising Clients on Russian & East European Business Ventures

were made towards achieving this aim.

by Julie Sadlier*

Unlike most other countries where clients are likely to be doing business the former Eastern Bloc does not have a strong local private legal consultancy tradition. The legal systems of these countries differ considerably from the legal systems of any western European state. Their legal systems are extremely limited and restricted in their essence and development, and they lack the sophistication in some spheres of the law, which would be considered extremely important in the legal structure of most western countries. A historical review of the development of the pre-Communist legal systems of the Eastern Bloc shows that though they certainly had their peculiarities, they nevertheless were developing along lines characteristic of most European Countries at the time. (A short but efficient review of the historical development of the Russian legal system is presented in the book "Soviet Law" by W. E. Butler, London, 1988). Looking mainly at the former USSR (now the Russian Federation), which was most affected by communism, we know that after the Great October Revolution the situation changed: the new society was to be built on the basis of Marxism- Leninism, one of the main dogmas of which was the fading away of the law in a Communist society, which would ultimately not need any law. The building of the new regime did not exactly proceed as the classic theory of Marxism had envisaged. Nevertheless, there was never a real need for a developed legal system in the state. Historical Review

The last thirty years was to be the period of the development of the legal system, which we see now in Russia. A lot has changed since 1985 - the beginning of Perestroika - in both the legal structure and the legislature. The body of the Russian Federation system of legislative documents consists not only of laws, but of many other kinds of legal acts. The power and sphere of influence of such acts varies depending on the agency which drafted and adopted them. "The body of the Russian Federation system of legislative documents consists not only of laws, but of many other kinds of legal acts."

Julie Sadlier Some development in the legal

sphere took place in 1960s, after a new Programme of the Communist Party proclaimed that developed Socialism had been built, that the state from then on was the "state of all the people", and that the Soviet people should start creating the communist society. Some new agencies were established in the legal system: Peoples' Courts and Peoples Guards, for example. It was proclaimed, that the people themselves would carry out legislative functions, and some steps

The hierarchy of the legislative documents is as follows (the power decreasing from the top to the bottom):

Constitution Laws, adopted by the Congress of Peoples' Deputies of the RF, (formerly USSR) (these laws and other acts are adopted collectively and can be changed only by the Congress itself) Laws and documents adopted by the Supreme Soviet of the RF, (formerly USSR) Laws adopted by the Supreme Soviets of autonomous republics and regions Decrees of the President

Resolutions and decisions of the Government Orders and instruction, adopted by Ministries, Departments, Central Bank, other agencies

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