Le droit et l’idée. Le transfert et le fonctionnement des concepts juridiques occidentaux en Russie contemporaine

Abstract

Le Droit et l’Idée : How were the Legal Concepts borrowed from the West and How they Work in Contemporary Russia. Since the 1990s, Russia has been transformed particulary be the influence of a liberal ideology ; economic determinism has replaced former political determinism. The new radicalism, tinted with a certain form of Bolshevism, had the same utopian goal, «pull to pieces» the old system and rebuild a better world. «The miracle recipe» consisted in transferring to Russia the western liberal experience as had occured in Germany. The 1993 Constitution was inspired by the Constitutions of the USA, France and Germany with a main ambition : to differ from Soviet law which put the emphasis on collective interests to the prejudice of individual rights and to make a reference to concepts borrowed from the 1789 universal Declaration of the rights of man and citizen. But the application of the decisions taken by constitutional justice remains unsettled. As regards elections, the applications of principles is confronted to the political reality of the country. While being independent, justice is influenced by the executive power and in particular, the ministers so-called «reinforced» (siloviki). The confrontation between the legislature and the executive in October 1993, enabled to enhance in the Constitution the institution of a strong presidential power, using USA and French models. The only counterbalance to this institution is the possibility of destitution by the Federation Council. The English word «impeachment» has even been adopted. However, the procedure remains heavy and difficult to start. The pupil has excelled his master in the subjects which were of interest to him, especially powers. After Eltsine’s departure, the word «vertical» inspired by the American system of unity of the executive power, created no suspicion. Russia adopted a federal model, on the model of «symmetrical» German or American federations, but having inherited the asymmetrical and complex Soviet organisation, it could not do without the use of Soviet notions. The attempt to establish symmetrical relations comes up against reality. Being a promoter of a constitutional state V. Putin keeps asserting that social life is based on the law. Wass the messianic role assigned to western juridical concepts by liberal politicians in the 1990s not wholly utopian ? But do Russian people understand human rights in the same way as in the West ? More than a lexical mistake, it is a semantic and cultural error. In this context of the gap of cultures, isn’t «the legalistic discourse» of the Russian president a way to value the law as a repressive instrument ? Any juridical system has repressive elements. From their balanced use depends social relationships.