Towards a Fresh Engagement in Rule-of-Law Cooperation: Supporting the Compliance Movement in Russia

IF 0.5 4区 社会学 Q3 LAW Review of Central and East European Law Pub Date : 2019-09-05 DOI:10.1163/15730352-04403003
Thomas Kruessmann
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Abstract

Rule-of-law dialogue between the West and Russia has effectively run into a dead end. This paper attempts to open up a new perspective by addressing the corporation as a sub-unit of society. Observing that Russia, before adopting a comprehensive legal framework for risk management in Summer 2018, has had almost 20 years of experience in various approaches to risk management and corporate compliance, the question is whether corporate law has finally reached the point of shedding some of the characteristic features of Russian law in general to turn the corporate sphere into a space in which citizens are able to pursue their business interests in a safe and legally protected manner. Thus, we may be on the eve of witnessing the emergence of a rule-of-law culture outside the traditional domain of citizen-state relations. This would open up avenues for a renewed dialogue on rule of law between the West and Russia.
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对法治合作的新参与:支持俄罗斯的合规运动
西方与俄罗斯之间的法治对话实际上已经走入了死胡同。本文试图通过将公司作为社会的一个亚单位来研究,从而开辟一个新的视角。观察到俄罗斯在2018年夏季通过全面的风险管理法律框架之前,在各种风险管理和公司合规方法方面拥有近20年的经验,问题是公司法是否最终达到了摆脱俄罗斯法律一般特征的程度,使企业领域成为公民能够以安全和法律保护的方式追求其商业利益的空间。因此,我们可能正处于见证公民与国家关系传统领域之外的法治文化出现的前夕。这将为西方和俄罗斯之间关于法治的新一轮对话开辟道路。
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
11
期刊介绍: Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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