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Abstract
This article discusses how the rule of law is understood in present-day Russia, highlighting the distinction between rule of law and rule by law. It highlights how both international and Russian legal norms were subverted in the Russian Constitutional Court's ruling on the legitimacy of the treaty that authorized Russia's annexation of Crimea.
On the question of the rule of law in the context of Russian foreign policy, or why, according to the law of the Russian Federation, Crimea is nonetheless not altogether ours.
Notes
Yelena Luk'ianova is a professor at the Higher School of Economics (Russia) and the Director of the Institute for Monitoring of the Efficiency of Law Enforcement of the Civic Chamber of the Russian Federation. She may be contacted at [email protected] translation © 2015 Taylor & Francis Group, LLC, from the Russian text © “Novaya gazeta.” “O prave nalevo,” Novaya gazeta, March 19, 2015, www.novayagazeta.ru/politics/67715.html.Translated by Stephen D. Shenfield.
1. V.D. Zor'kin, Konstitutsionnoe razvitie Rossii (Moscow, 2011), pp. 52–53.
2. See “Ia federal'nyi sud'ia, a ne prodavshchitsa,” Novaia gazeta, no. 95, December 22, 2008.
3. See Resolution of the Supreme Soviet of the Russian Federation No. 2809-1 of May 21, 1992, “On Legal Assessment of the Decisions Made in 1954 by the Supreme Bodies of State Power of the RSFSR to Change the Status of Crimea.”
4. See Resolution of the State Duma No. 771-1 GD of May 17, 1995, in Connection with the Appeal of the Republic of Crimea.
5. Ksenia Sobchak, Open Letter to Nikita Mikhalkov, Sep. 1, 2014. https://snob.ru/profile/24691/print/80450?v¼1455277114