ACCESS TO JUSTICE IN THE SOVIET UNION (FROM ACCESS TO JUSTICE, VOL 1, 1978, BY M CAPPELLETTI AND B GARTH SEE NCJ-61132)

• NCJ Number: 61152
• Author(s): V K PUCHINSKIY
• Date Published: 1979
• Length: 27 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Language: English
• Country: Netherlands

Annotation

PROCEDURES IN THE SOVIET UNION FOR FACILITATING CITIZENS' ACCESS TO MECHANISMS FOR DISPUTE RESOLUTION ARE DISCUSSED FOCUSING ON COURTS COSTS AND ATTORNEY FEES.

Abstract

COURT COSTS IN SOVIET CIVIL PROCEEDINGS ARE NOT EXCESSIVE REMAINING AT THE SAME LEVEL WHILE CITIZENS' AVERAGE WAGE HAS BEEN STEADILY INCREASING. FURTHER, SOVIET LEGISLATION WAIVES ALL COURT COSTS IN CERTAIN PROCEEDINGS THAT HAVE SIGNIFICANT SOCIAL IMPACT. ALL ATTORNEYS ARE MEMBERS OF LOCAL BOARDS OF ATTORNEYS, AND UPON APPLICATION FROM CITIZENS, CITIZEN-SELECTED OR BOARD-ASSIGNED ATTORNEYS ARE DIRECTED TO HANDLE CASES. ATTORNEY FEES ARE SET BY LEGISLATION AND GENERALLY PAID TO THE LOCAL BOARD BY THE CLIENT. ATTORNEY FEES ARE NOT EXCESSIVE, AND PARTIES MAY QUALIFY FOR FREE LEGAL AID. AN ADVOCATE IS FREQUENTLY NOT ESSENTIAL, HOWEVER, BECAUSE OF THE SIMPLICITY OF SOVIET CIVIL PROCEDURE AND THE ACTIVE PARTICIPATION OF THE COURT IN THE PROCESS OF OBTAINING FACTS. ALL CIVIL CASES ARE DECIDED BY THE ORDINARY COURTS; ALTHOUGH NUMEROUS FORUMS EXIST OUTSIDE FORMAL JUDICIAL PROCEDURES TO DEAL WITH SOCIAL DISPUTES, NOTABLY IN THE AREAS OF LABOR RELATIONS, DISCOVERIES, INVENTIONS, AND IMPROVEMENT PROPOSALS. AN IMPORTANT EXTRA JUDICIAL FORUM IS THE COMRADES' COURT, A LOCAL BODY COMPOSED CHIEFLY OF LAYPERSONS EMPLOYING SOCIAL PRESSURE AND PERSUASION TO DEAL WITH MINOR ACTISOCIAL BEHAVIOR. RECOURSE TO FORMAL JUDICAL PROCEEDINGS IS POSSIBLE AFTER PROCESSING THROUGH THESE EXTRAJUDICIAL FORUMS. THE SETTLEMENT OF DISPUTES THROUGH MUTUAL CONCESSION WITHOUT THE NECESSITY OF CIVIL PROCEEDINGS IS ENCOURAGED IN SOVIET LAW. DURING CIVIL PROCEEDINGS ON BEHALF OF THE GENERAL PUBLIC OR A GROUP ALLEGED TO BE INJURED BY CERTAIN CIRCUMSTANCES OR ACTIONS, THE STATE PROCURATOR MAY INITIATE OR INTERVENE WHEN THE ISSUES ARE CRUCIAL. LEGISLATION ALSO PERMITS OTHER PERSONS AND BODIES TO UNDERTAKE LEGAL ACTIONS ON BEHALF OF THIRD PARTIES. DECISIONS IN SUCH CASES AFFECT ONLY THE REAL PARTIES, OTHER PARTICIPANTS, AND THEIR SUCCESSORS IN INTEREST. FOOTNOTES ARE INCLUDED. (RCB)