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Institute for Law and Public Policy

Address: 129090, Moscow, Shchepkina str., 8

Mailing Address: P.O. Box 140, Moscow, 129090, Russia

Tel.: +7 (495) 608 6959, 608 6635; Fax: +7 (495) 608 6915

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Project with participation of the Constitutional Court of the Russian Federation “The Rule-of-Law and the Correlation of Public and Private Interests in Solving Economic Disputes” (2010-2011)

In June 2010, the Institute of Law and Public Policy launched a new project supported by the US Russia Foundation for Economic Advancement and the Rule of Law (USRF). This project is the first attempt undertaken within the scope of Russian-American cooperation to establish direct partnership relations between the Justices of the Constitutional Court of Russia and American judges, to create a common discussion and organize exchange of experience on such issues as the rule of law and correlation of public and private interests in solving economic disputes. Organization of a wide “peer-to-peer” dialogue between Russian and American judges would lead to achieving the ultimate goal of the project - facilitating the improvement of investment climate in Russia and the upturn of investment image of Russia for the American investors.

During the one-year period of project implementation a group of American judges and the Justices of the Constitutional Court of Russia with the assistance of experts from both countries will conduct two meetings devoted to the discussion of topical issues arising as a consequence of rapid economic development, such as a wide range of questions related to functioning of joint-stock companies. Furthermore, an expert round table will be organized where the experts will present the analytical report devoted to revealing similarities and differences in Russian and American legal systems and investigating constitutional principles and values which are of great importance from theoretical and practical viewpoints for settling economic disputes in both countries.

The results of analytical work conducted by the judges and experts within the scope of the project will be published as a comparative study of matters related to the systems of jurisprudence in Russia and the USA, implementation of the rule-of-law principle and correlation of public and private interests in solving economic disputes.


THE FIRST EXPERT ROUND-TABLE
«The correlation between public and private interests in solving economic disputes:
the experience of Russia and the USA»

On October 23, 2010 the Institute of Law and Public Policy organized the expert round-table “The correlation between public and private interests in solving economic disputes: the experience of Russia and the USA” which was the part of the first Russian project of the Russian-American Judicial Partnership with participation of the Russian Constitutional Court “The rule-of-law and the correlation between public and private interests in solving economic disputes” with the support of USRF Fund. The round-table was dedicated to the discussions about similarities and differences of approaches to solving economic disputes demonstrated by Russian and American judges; exposure of the common constitutional principles which help the judges to find the balance between public and private interests; search of the topics for the further judicial dialogue. The conversation covered the problems of constitutional law which occur in Russia and the USA when solving economic disputes in different spheres, such as: protection of shareholders rights; guarantees of the ownership; protection of investors rights; taxation. The experts of the project presented for the discussion the draft analytical report devoted to the comparative study of Russian ana American approaches and jurisprudence. The most controversial topics were the definition of public and private interest and the idea of direct references to the decisions of foreign courts. Among the participants of the round-table there were G. Gadzhiev, judge of the Russian Constitutional Court, V. Anishina, judge of the Russian Supreme Court, D. Dedov, judge of the High Arbitration Court, Russian and American experts of law and economy, such as V. Mazaev, T. Kovaleva, I. Alebastrova, R. Teets jr, Th. Firestone.

Program

Materials:
Kravchenko D.V.
Pavlyuchuk V.V.
Questions for the discussion
Summaries

THE SECOND EXPERT ROUND-TABLE
«Rule of Law and Law-Based State: Diversity of Concepts and Their Reflection in Jurisprudence» (examples of Russia, the USA and other countries)

 
On November 22, 2010 the Institute of Law and Public Policy organized the second expert round-table “Rule of Law and Law-Based State: Diversity of Concepts and Their Reflection in Jurisprudence (examples of Russia, the USA and other countries)”, which was the part of the first Russian project of the Russian-American Judicial Partnership with participation of the Russian Constitutional Court “The rule-of-law and the correlation between public and private interests in solving economic disputes” with the support of USRF Foundation. Besides the Russian and American experts among the special guests there was Professor G. Palombella who spoke against the 'rule by law' and analyzed the rule of law roots to present uses (within or beyond the State). He is one of two editors of the book “Relocating the Rule of Law” (2009) which has become a bestseller in the US and even in Russia though unfortunately it was not translated. In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. The American expert of the project Robert M. Teets, Jr. spoke on the diverse conceptions of & fair trial elements in the “rule of law”. The Russian participants among which there were L. Mamut, M. Krasnov, V. Vinogradov, V. Mazaev and others discussed not only the question of supranational nature of the rule of law but also such extremely important but controversial topics as: rule of law as a sufficient feature of a law-based state, rationality as a contemporary feature of a law-based state, “Law-based state” as a basic element for defining “welfare state”, different levels of implementation of law-based state, rule of law and democracy.
 

THE FIRST RUSSIAN-AMERICAN JUDICIAL DIALOGUE

On January 28, 2011 the Institute of Law and Public Policy conducted the first judicial “peer-to-peer” dialogue within the framework of the Russian-American Judicial Partnership project with participation of the Russian Constitutional Court “The Rule-of-Law and the Correlation Between Public and Private Interests in Solving Economic Disputes” in the Constitutional Court of Russia (St. Petersburg). The dialogue centered on the role of the Constitutional Court of Russia and U.S. federal courts in resolving economic disputes and improving economic policy. On the U.S. side, the participants of the first dialogue were Douglas H. Ginsburg, a Judge on the United States Court of Appeals for the District of Columbia Circuit, Stephen P. Friot, a United States federal Judge, U.S. District Judge for the Western District of Oklahoma, Diane P. Wood, a federal Judge on the United States Court of Appeals for the Seventh Circuit, and a Senior Lecturer at the University of Chicago Law School. The Russian Constitutional Court was represented by Judge G.A. Gadzhiev, Judge L.O. Krasavchikova and Judge K.V.Aranovsky as well as staff members of the Court. Judges from both countries with the assistance of experts discussed topical issues arising from rapid economic development, and shared approaches to solving economic disputes which are used by highest courts in each country. The main attention of the participants was focused on such topics as application of economic analysis of law in judicial practice, particularly in the field of antitrust, the extent to which the courts could and should cite and rely on cases and other legal resources from countries other than their own, and the interpretation of judicial independence. The project is implemented under the support of the US Russia Foundation for Economic Advancement and the Rule of Law (USRF) and John and Catherin MacArthur Foundation.

Program

Public lecture of the U.S. judges
for undergraduate and post-graduate students and academic staff of the Law School of St. Petersburg State University

 
On January 27, 2011 within the first dialogue, a public lecture of the U.S. judges for undergraduate and post-graduate students and academic staff of the Law School of St. Petersburg State University was organized. The judges expressed their perception of such vital principles as the rule of law and judicial independence, and described the difficulties that they come across reviewing cases that involve a foreign element. Judges talked about understanding and interpretation of the rule-of-law principle and judicial independence, as well as about the implementation of private international law in the U.S. courts. The Russian students had a unique opportunity to ask the U.S, judges any questions they thought important. American judges were glad to share their rich professional experience with a new generation of Russian lawyers and give them a piece of advice for the future. They were pleasantly impressed by the questions as well as the knowledge of legal English.
 

THE SECOND U.S.-RUSSIA JUDICIAL DIALOGUE

 
On March 14-15, 2011 in Washington, D.C., U.S. the Institute of Law and Public Policy in cooperation with the Federal Judicial Center and LAWS/WSI organized the second judicial “peer-to-peer” dialogue This dialogue was a final event within the framework of the Russian-American Judicial Partnership pilot project with participation of the Russian Constitutional Court “The Rule-of-Law and the Correlation Between Public and Private Interests in Solving Economic Disputes”, which is being implementing by the Institute of law and Public Policy with the support of USRF Foundation and MacArthur Foundation. Among the U.S. participants of the second dialogue there were Douglas H. Ginsburg, a judge on the United States Court of Appeals for the District of Columbia Circuit, Stephen P. Friot, a United States federal judge, U.S. District Judge for the Western District of Oklahoma, Diane P. Wood, a federal judge on the United States Court of Appeals for the Seventh Circuit, and a Senior Lecturer at the University of Chicago Law School, Stephen F. Williams, a Senior Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit. The Russian Constitutional Court was represented by judge G.A. Gadzhiev, and judge N.S. Bondar. Judges from both countries with the assistance of the U.S. and Russian experts discussed topical issues arising as a consequence of rapid economic development, such as the protection and restriction of property rights, particular attention will be paid to the use of the economic analysis of law for the judicial argumentation. Case-study methodology was used to build up the dialogue. Two selected cases were devoted to the use of zoning for economic revitalization of territories and equality of different actors including religious organizations, as well as to the restrictions on commercial speech (advertising) in favor of different public interests. Special discussion was be devoted to the problems of judicial independence and judicial discretion in as well as judicial ethics and responsibility for the misconduct in Russia and the U.S.
 
 
Meeting of John G. Roberts, Jr., Chief Justice of the United States
During the second dialogue a meeting of John G. Roberts, Jr., Chief Justice of the United States with the Russian Constitutional Court judges and the U.S. Judges took place on 15 March 2011.
 
 
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