7: Law as an instrument of repression

week 7 Guest Lecture

Rule OF law

constraint on political power

• exists when law (abstract rules) prevails over legislation (positive law)

Rule BY law

the government is a supreme source of authority

• can create rules however they want

• law is seen as a continuation of the gov

Quality of law requirements

• non-retrospective

• accessible

• foreseeable and clear

• serve a legitimate aim

• be necessary and proportionate

Rule OF law in Russia

legislative reforms 2003-2007

• legislative process became elitist, less publicly driven & “efficient”

2011-2013

• emergence of repressive illiberal legislation

State Duma - “mad printer”

Requirements of good legislative process in Russia

• adopt new legislation efficiently

• less obstacles to pass bills proposed by executive branch of power

“mad printer” in action

• avg stable period for a legal norm = period of time where law is not changed

• code of admin offences was changed every 10 days in 2021

• criminal code - every 33 days

  • new offences & crimes were introduced every 10/33 days

Rise of illiberal legislation in Russia

• no foreseeability

• arbitrary & selective implementation

• unclear legit aim

• no “pressing social need”

• 2022: prohibited from “discrediting armed forces”

Discrediting the armed forces

public activities aimed to discredit the use of Armed Forces in

• defending the interests of the Russian Federation and citizens

• maintaining international peace and security

  • including public calls to prevent use of military for specified purposes

carries a 300k-500k ruble fine