Expert: Lexx - 4/15/2004

Question
Hello-

This is a very basic question. Is it correct that Russia is a civil code country, similar to many European countries? And this means that court decisions are based on the laws themselves, and not based on the outcome of previous cases? In the US for example, courts place a very large emphasis on prior decisions, while civil code countries do not.

Thanks,

Mattias

Answer
Actually, Russia has to a great extent original law system
formally referring to "continental" system (Napoleon code heritage: Germany,France  etc.  (opposite to US and GB).
 But, considering historical aspects of Russia (ex. USSR)
there are some (I can't call it exclusions)peculiarities such as following.
 Highest courts (Supreme Court and Highest arbitration court) issue acts (called overview of practics of this courts) which are based on previous cases. These acts, though having oficial status of recomendation, contain obligatory imperatives. It goes along with the principle
of uniformity of court practices which exists in Processual
Codes of Russia.