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Europa,

The Russian people have an extremely effective supreme court. It is entirely independent of the Russian state, its judgments have a significant impact on the legal system, and — above all — the state will (eventually) comply with its judgments.

The only problem is that the court is not in Moscow, it’s in Strasbourg — it’s the European Court of Human Rights.

Russian business also has a highly effective commercial court: The English High Court in London. The court’s commercial division is awash in Russian cases, approximately half of them emanating from disputes involving the former Soviet Union. In part, this has to do with the unique flexibility of English Common Law, under which the doctrine of freedom of contract allows foreign parties to choose England as their governing legal forum.…  Seguir leyendo »

Europa,

Was it out of shame that Judge Viktor Danilkin ordered journalists out of Moscow’s Khamovnichesky Court on Monday just after he pronounced the “guilty” verdict against Mikhail Khodorkovsky and his co-defendant, Platon Lebedev? Or was it simply another example of what Russians call “telephone justice” — replacing the rule of law with direct orders from high-level politicians?

It’s hard to say whether the judge himself was embarrassed by the verdict, but Prime Minister Vladimir Putin made it clear several days ago how the Khodorkovsky trial would unfold when, responding to a question on national television, he declared: “A thief should sit in jail.”…  Seguir leyendo »