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Moscow Times
May 21, 2008
Medvedev Orders Cleanup of Courts
By Natalya Krainova / Staff Writer
President Dmitry Medvedev said Tuesday that the establishment of an
independent judiciary was the central plank of planned reforms to the judicial
system in a Kremlin meeting with senior judges and legal officials.
As if to underline the message, the head of the Supreme Arbitration Court
called for a subordinate to be suspended for alleged involvement in crooked real
estate deals.
"Our main goal is to achieve independence for the courts as a reality,"
Medvedev said, the presidential web site reported. "The principle that courts
should be guided only by the law is well-known, and this, as a matter of fact,
forms the basis for respect for the courts and trust in a fair justice system."
In the meeting, Medvedev outlined a number of obstacles that had to be
removed if real independence of the judiciary is to be achieved.
One of the major requirements, he said, was to protect judges from outside
pressure or bribery aimed at influencing their decisions.
"[Unjust] decisions, as we all know, do happen and come as a result of
different kinds of pressure, like telephone calls and there's no point in
denying offers of money," Medvedev said.
Also mentioned was the need to cut the amount of red tape in court
procedures.
"Of course, not at the expense of the quality of consideration cases
receive," he added.
Medvedev, himself a graduate and former member of the faculty at St.
Petersburg State University's school of law, also criticized the poor
qualifications of many judges, which he said were the result of an increase in
the number of universities and institutes providing inadequate legal education.
"We must … bring order into the issue of training legal experts," Medvedev
said.
He said the issues with the judiciary would be tackled with laws regulating
judges' work and amending the Administrative Offenses Code, although he did not
elaborate.
Medvedev will name a working group to prepare the contents of the changes in
"the next few days," Justice Minister Alexander Konovalov said after Tuesday's
meeting, Interfax reported.
Participants of the meeting included Supreme Court chairman Vyacheslav
Lebedev, Supreme Arbitration Court chairman Anton Ivanov, First Deputy
Prosecutor General Alexander Bastrykin, Deputy Prime Minister Sergei Sobyanin,
and prominent lawyer and Public Chamber member Anatoly Kucherena.
On May 12, Ivanov filed a request to have Lyudmila Maikova, the chairwoman of
the Federal Arbitration Court in the Moscow District, suspended from her duties
for "damaging the authority of the judicial branch and the reputation of the
judiciary," Kommersant reported Tuesday. Ivanov's request said Maikova, who had
been on the bench in a number of legal disputes involving the city government,
received help from City Hall in 2004 to swap her own apartment for two others
and to buy another from a developer at less than market price.
Legal experts and political analysts were divided on Medvedev's prospects for
success in battling corruption and political pressure on the ranks of the
judiciary. Pavel Astakhov, a prominent lawyer and the host of a television court
show, said it would be possible to introduce the necessary reforms in the space
of seven to 10 years, although he added that different attitudes would have to
be instilled in a new generation of judges from childhood. "We have to raise
these judges, beginning in kindergarten," Astakhov said, adding that he agreed
with Medvedev's comments on the quality of legal education available.
"Unqualified schools of higher education in law have become numerous," he said.
Prominent lawyer-turned-politician Mikhail Barshchevsky said results from the
planned changes could be achieved in a short period one to 1 1/2 years but
would depend on how serious Medvedev and the government were about the reform.
"This is just a question of political will," Barshchevsky said.
Political analyst and former Kremlin spin doctor Stanislav Belkovsky had
little hope for the prospects of improvement but said some cleaning house would
benefit Medvedev politically.
"The judicial system is completely corrupt, and to reverse this what is
necessary is a change of the ruling elite and not just the judges," Belkovsky
said.
He predicted that the reform would "contribute to the consolidation of power
in Medvedev's hands," as the winnowing-out and replacement of judges, and the
appearance of new high-profile cases or review of past decisions could reinforce
the president's authority with the people.
Tuesday's meeting appears to be part of a larger message from the Kremlin
concentrating on the need to battle corruption. In one of his first major steps
as president, Medvedev said Monday that he would head a new federal council to
fight against graft, giving a group of senior Kremlin, government and law
enforcement officials a month to draw up a "national plan" to deal with the
issue.
In a January speech while campaigning for the presidency, Medvedev called
Russia "a country of legal nihilism" with a "disregard for the law." He has
promised to strengthen the rule of law, fight corruption, and encourage growth.
Former President and current Prime Minister Vladimir Putin pledged sweeping
reform of Russia's complex and corrupt judicial system soon after he came to
power in 2000.
In 2001, then-deputy head of the presidential administration Dmitry Kozak
introduced a legal reform program, part of which involved trying to guarantee
greater independence for judges. The reforms ultimately ran into a wall of
resistance for a number of reasons, Belkovsky said.
"The judicial community was in total opposition to Kozak's reforms," he said.
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