{"title":"俄罗斯法院能否伸张正义?住房纠纷案例研究","authors":"Kathryn Hendley","doi":"10.18060/28442","DOIUrl":null,"url":null,"abstract":"How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.","PeriodicalId":442356,"journal":{"name":"Indiana International & Comparative Law Review","volume":"12 6","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Is Justice Possible in Russian Courts? A Case Study of Housing Disputes\",\"authors\":\"Kathryn Hendley\",\"doi\":\"10.18060/28442\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.\",\"PeriodicalId\":442356,\"journal\":{\"name\":\"Indiana International & Comparative Law Review\",\"volume\":\"12 6\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-07-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Indiana International & Comparative Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18060/28442\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Indiana International & Comparative Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18060/28442","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Is Justice Possible in Russian Courts? A Case Study of Housing Disputes
How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.