Criminal Justice System and RUSSIA - Philippine Criminal Justice System vs Russia The criminal justice system of any society depends so much on the

Criminal Justice System and RUSSIA - Philippine Criminal...

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Philippine Criminal Justice System vs. RussiaThe criminal justice system of any society depends so much on the thorough, efficientand effective functioning of the all the principal actors involved in the dispensation ofjustice. The efficient and effective functioning of one component may be hampered bythe inefficiency and incompetence of the others. Thus cooperation, and the coordinatedand concerted action of the police, prosecution, the judiciary, as well as the correctionalinstitutions, and most importantly, the community - the so-called pillars of the criminaljustice system - is necessary. Russia is a federative state.The sources of law in Russia include the Russian constitution, Federal constitutionallaw, Federal laws, and laws of subjects of federation. Administrative bodies issue theacts that must comply with the laws.The Constitution has the preeminent force and Federal laws cannot contradict Federalconstitutional law. Although court decisions are not officially accepted as the sources oflaw in Russia, the explanatory rulings of the Supreme Court of Russia usually not onlyclarify the application of existing law but also create new legal rules. Lower courtsusually comply in their practice with the Supreme Court rulings.The penitentiary system and the law-enforcement bodies of Russia are headed by theMinistry of Internal affairs.According to Section 71 of the Constitution of Russia, criminal and criminal-procedurelaw are under the exclusive jurisdiction of Federal bodies. The assurance of public orderand safety is a joint duty of the federation and its parts. It should be noted that actsissued by authorities of the regions and republics forming Russia cannot contradict thelaws issued by Federal bodies.The system of courts is governed by the Justice Ministry of Russia, which has territorialbranches in the federation. This ministry primarily performs financial and administrativefunctions. Judges are independent and make their decisions according to the rule oflaw. Higher courts may affirm or repeal the decisions of the lower courts according tocriminal procedure rules and may also grant writs of certiorari.History of Russian Criminal Justice System.The criminal legislation of Russia has its deepest roots in the first known act, Russkayapravda, issued in 11th century. The great codification of Russian criminal legislation1
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called Sobornoe Ulozhenie occurred in 1649. Before the revolution the Ulozhenie onakazaniyah ugolovnich i ispravitelnich was effective. Texts of these statutes can befound in Russian legislation of X-XX centuries.The Soviet period had a great effect on the judicial system and up to the present daythere are a number of major laws, including the Criminal Code and Criminal ProcedureCode, that remain in force. In the summer of 1994, President Yeltzin approved a draft ofthe Criminal Code was passed in 1995.
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