Comparative Study of Legal Systems: Russia, Kazakhstan, and Soviet Law

This report offers a comprehensive comparative analysis of legal systems, focusing on the Soviet, Russian, Kazakh, and Australian legal frameworks. It begins with an introduction outlining the three primary types of legal systems—civil, common, and religious—and highlights the project's objective of comparing and contrasting legal systems, with a particular emphasis on the Soviet, modern Kazakh, and Russian legal systems. The main body of the report delves into the specifics of the Soviet legal system, its evolution, and its influence on Russia and Kazakhstan. It examines the structure of the Soviet legal system, including its legislative bodies like the Congress of Soviets and the Supreme Soviet. The report also provides an overview of the Russian legal system, detailing its constitutional framework, the role of the President, the Federal Assembly, and the judiciary. Furthermore, it explores the legal system of Kazakhstan, its historical ties to the Russian Federation, and its modern constitutional structure. Finally, the report touches upon the Australian legal system, emphasizing its parliamentary democracy, federal system, and separation of powers. The report concludes with a summary of the key comparisons and contrasts between these legal systems, referencing a case example to illustrate the application of legal principles in society. This analysis is designed to provide a detailed understanding of the complexities and nuances of different legal systems, making it a valuable resource for students studying law.

Comparative
legal research

Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................7
REFERENCES ...............................................................................................................................8

INTRODUCTION
Legal system is an appropriate procedure for interpreting and amending law at societal
place. Basically, it defines the rights and responsibilities of various authorities which were
appointed as a member of General assembly. However, world legal systems is classified into
three laws that are; civil, common and religious law. Thus, most prominent objective of this
project is to highlight differences and similarities between legal system. Mainly, assignment is
based on soviet law, modern legitimate system of Kazakhstan and Russia. Basically, major basis
of comparison is on sources of authority in which distinctiveness and sameness is shown of
various nations. Hence, report will throw lights on legal system of several laws by considering
necessary facts or figures.
MAIN BODY
Soviet legal system is one of the major legal system which would be used by most of the
communist state. The nature of this types of systems are based on civil law system and Marxist-
Leninist ideology. It denoted as a common type of system which will be taken into account by
the socialist and formerly communist states. The Soviet Union used to represent the union of
Soviet socialist republic with total of 15 states those are existed from 1922 to 1991. It was stated
the first nation to be declare itself as a socialist and transform towards a communist society. The
Soviet Union was made after Vladimir Lenin leadership directed the revolution of Alexander
Kerensky. Henceforth, communist government develop firms and over the time become more
powerful union 1.
After the division of the community, the two most power unions are “Russia” and
“Kazakhstan”. Plenty of union members considers that Soviet Union was the final phase of
Russian Empire, since the USSR enclosed most of the areas of the former empire. The basic idea
behind forming those union is to provide all of them equal social and economic rights. Soviet
leaderships have recognised the need for fundamental legal reforms in USSR. Their major
emphasis is uniting the people together to form an effective nation. It shapes social and economic
structure and deliver normative rules for private and public regulations.
1 Ljubownikow, S., Crotty, J. and Rodgers, P. W., 2013. The state and civil society in Post-
Soviet Russia: The development of a Russian-style civil society. Progress in
Development Studies. 13(2). pp.153-166.
1

Legislation of Soviet: it is basically categories into three part. These provision are
declared the leaderships of the working class in order to form an effective union in that nation.
The major three aspects of legislation are; Congress of soviets: It is said to be the
supreme governing body in the Soviet Union, since for formation of the USSR and until the
adoption of the 1936 constitution was not formed. There are certain powers which are
exclusively jurisdiction of the congress of soviet. It is basically consisted of below mentioned
powers. Like, amending of the constitution of the USSR, introduction of new republic into the
union and establishment of the effective principles of plans in order to development of soviet
economy and state budget 2. The only board member or chairman of the presidium of congress
was “Mikhail Kalinin”.
Supreme soviet of the Soviet Union: It is considered as highest legislative body in the
union of soviet socialist monarchy. The best part of this legislation is have the power to make
any kind of constitutional amendments. The supreme soviet is having two chambers each of
them is having equal legislative powers with member are elected for only four years only. It is
elected on the source of the population with one deputy for every 3,00,000 public in soviet
association. Under the soviet constitution, the supreme soviet was imbued with huge law-making
powers. However, supreme soviet sat twice in a year, usually for minimum of a week. For the
rest of the time period, the presidium used to carry out their day to day functions.
Congress of people deputies of the Soviet Union: It was considered as the highest body
of the state authority of the union. It consists of 2250 deputies with having direct election right to
the members. At the initial session which is beginning as on 25th may, the USSR continued to
select the 542 supreme soviet members from 573 candidates. The permanent legislation,
administrative and central body of state is to be assembled yearly through their committee for
their regular months of spring to last sessions.
Fundamental law of Russian Federation was adopted throughout national referendum
in almost 1993 which is a single written official blueprint because Russia is a Federal state that
includes around 85 equal regions (entities). In fact, system of government is Semi-presidential
2 Bowser, D., 2017. Corruption, trust, and the danger to democratization in the former
Soviet Union. In The Transition (pp. 80-95). Routledge.
2

Republic in which President is consider as highest executive authority and appoints by the
support of parliamentary majority.
Legal system of Russia:- According to constitution, Russia is a democratic and federal
state by having republican form of governing bodies which is rely on rule of law. Basically,
individual of Russia is having sources of authority in a Russian Federation. However, system of
government is same as amalgamated presidential and parliamentary regimen. Mainly, president
who is appointed through general election for almost four years is consider as head of the state
and his/her authority is highly expensive. In fact, President is having a power of appointing or
dismissing the ministers, members of governing bodies, dissolves the legislative, nominates
judges of federal assembly, justices of supreme as well as constitutional tribunals 3. In legal arena
of Russia, president is having an authority of beginner, signing, proclaim and voting legitimate.
Mainly, Federal assembly is seen as permanently working body that consists of two
separate chambers such as; the State Duma (lower house) and the Federation Council (upper
house) which is having distinct powers or obligations.
Federation Council- This administrative unit is having two representative from every
constituent element of Russian Federation and almost 170 members are available in the council.
Their main responsibility is to examine various bills which is passed by the State Duma on
various issues like; budgetary, tax, finance, subject related with wars or peace as well as treaty of
ratification. Along with this, it includes consent of border changes between several elements, use
of armed forces beyond Russia's territory, call for elections of presidents as well as remove
him/her from federal agency by impeachment.
State Duma- This body is consider as a lower chamber of Russian legal system and their
foremost responsibilities is to enact laws for sending it to the Federation Council for final
approval. Moreover, this chamber is consist of around 450 deputies which are elected by party
lists through a proportionate electoral method 4.
3 Gans-Morse, J., 2012. Threats to property rights in Russia: From private coercion to state
aggression. Post-Soviet Affairs, 28(3), pp.263-295.
4 Ljubownikow, S., Crotty, J. and Rodgers, P.W., 2013. The state and civil society in Post-
Soviet Russia: The development of a Russian-style civil society. Progress in
Development Studies, 13(2), pp.153-166.
3

Local tribunals are established in each or every administrative units of Russian
Federation in order to make judgment of justice in the context of peace. However, decisions of
these courts are mainly based on criminal and civil cases. On the other hand, Federal district
courts create second level of Russia's judiciary system. Basically, in several serious crimes and
civil matters these courts are serve as a trial. Mainly, supreme court is consider as top most court
or judicial body for distinct matters such as; administrative, civil, criminal and other cases.
Furthermore, Arbitration courts are seen as a part of Federal Judicial system but totally depart
from regular courts and their motive is to resolve commercial and economic disputes.
Meanwhile, constitutional court is liable for resolving jurisdictional conflicts which might
incurred between federal and lower level organs of authority as well as asked to explicate federal
constitution.
By thoroughgoing various authorities of Russian legal system, it has been analyzed that
major origin of these authorities are society and ideology of a nation. It means, political parties
needs to work by considering customs, religion, national constitution, societal norms, beliefs,
rules and regulations. Thus, all this power are get distributed among cabinet ministers and
council ministers on the basis of community demand.
Legal system of Kazakhstan- It is located in central Asia and situated below Russia,
Northwest of China due to which most of laws are depend upon Russian Federation. Basically,
civil law system is fully affected by Roman-Germanic Law, Islamic law as well as framework
or practice of Russian Federation. Supreme council of Kazakhstan implemented first constitution
on almost 28th January, 1993 of independent country but after 30th august 1995 it was modified
by contemporary constitution which was followed entire nation referendum. However, foremost
law of this nation is constitutionally requisite a presidential form of governing bodies. As per this
term, legal system reformed in current days and whole Kazakhstan is fully based on ideological
or political pluralism 5. Along with this, legitimate bodies is ensuring the human rights as well as
social legal guarantees. Article 3 of the constitution states that power in this nation is unified and
enacted on the basis of constitution in accordance with values of its classification into legislative,
executive and judicial branches.
Initially, legislative branch consist of parliament of republic that is known as Senate and
Majilis. Secondly, executive branch covers cabinet of ministers, state committees, some other
5 Sarbassov, Y and et. al., 2013. Electricity and heating system in Kazakhstan: exploring
energy efficiency improvement paths. Energy Policy, 60, pp.431-444.
4

central as well as local executives bodies of republic. Thirdly, Judicial branch consist of supreme
court and constitutional council as well as local tribunal (regional, district and others).
Presidency of Kazakhstan is consider as head of the state who is liable for directing in
domestic and foreign policies of the state. On the other hand, most highest representative body of
the nation is seen as bicameral parliament in which it consist of two chambers (the senate and
Majilis) and they work on various professional subjects. Moreover, president hires seven
senators for almost six years. Basically, Majilis covers almost 77 deputies and from which
around 67 are elected from geographical electoral districts through direct voting system 6.
Australian legal system- Parliamentary democracy is follow in this nation and federal
system of Australia was established by Australian constitution in almost 1901. By following this
system, powers are getting distributed in general assembly between national governing bodies as
well as six states. In fact, major objective of the constitution is to explain the major boundaries
which needs to follow by government while designing law between commonwealth and distinct
territories. Along with six states that are; New South Wales, Queensland, South Australia,
Tasmania, Western Australia and Victoria, there are three more self governing or independent
territories named as; Northern Territory, Norfolk Island and Australian Capital Territory.
However, legitimate system of this nation is consider as common law system which was
inherited from England at the time of colonization 7.
Separation of powers- Government of Australia requires maximum power and as per the
constitution authority is classified into three groups of people in order balance each other.
Basically, each or every group is responsible to analyze or check the power of another two as
well as stops one person in case of governing Australia. Thus, according to the commonwealth
constitution legitimate authority is mainly allocated to the commonwealth parliament, crown is
granted with executive power and judicial authority is given to various courts 8. Furthermore,
6 Spehr, S. and Kassenova, N., 2012. Kazakhstan: constructing identity in a post-Soviet
society. Asian ethnicity, 13(2), pp.135-151.
7 Frías-Aceituno, J. V., Rodríguez-Ariza, L. and García-Sánchez, I.M., 2013. Is integrated
reporting determined by a country's legal system? An exploratory study. Journal of
cleaner production. 44. pp.45-55.
8 Hutchinson, T. and Duncan, N., 2012. Defining and describing what we do: Doctrinal
legal research. Deakin L. Rev. 17. p.83.
5

federal parliament covers two houses in which one is consider as lower house and Senate is seen
as upper house.
Case examples: R v BUNTING AND WAGNER [2004] SASC 235
Under this particular case, application for leave to appeal against convictions for plenty
of counts of murder. The first applicant found guilty from the court side as he was plaintiff of 11
counts of murder. The second applicant pleaded guiltier to three counts of murder which as
examine by the jury member. There are various material factors such as body found handing
from tree, 3 of them are in shallow grave at the bunting past residence.
Murder defence under section 305 and 302 of QCC. Under this the major three things are
needed to be taken into consideration such as killed, another person involvement and unlawfully
facts. The location of case was appellants trail was heard and sentence in the South Australian
supreme court. Under this situation, the authority and impacts of law in society is being viewed
as the constraints on the individual and other behaviour of the plaintiff. The court has made the
decision to put the victim have send to the imprisonment.
Comparison of Soviet Union, Russian and Kazakhstan on their legal system
From the above mentioned various legal sources of authority of soviet, Russia and
Kazakhstan, it has been determining that after the end of the cold war soviet was divided into
various nations. Out of which Russia and Kazakhstan was majorly considered as main nations.
Judicial system:
The Russian judicial system consists of constitutional courts, general jurisdiction,
military court and arbitrage in order to resolve commercial disputes. The court is also having the
right to rule on violation of any constitutional rights and examine appeals from various bodies.
Whereas, in early soviet Russia and Soviet Union are known as people court which were used in
references to any court in the new soviet legal system which is now replaced the current legal
system of Russian empire. The judiciary was legally subordinated to the supreme soviet of the
union. It would have repealed all tsarist legislation and norms as well as established a socialist
legal system. In accordance with the constitution of political legal system of Kazakhstan, the
unitary state with an executive form of regulation is having independent branches such as
executive, legislation and judicial 9. The government of this country exercise supreme powers,
9 Russian Federal Assembly. 2017.[Online]. Available through:
<http://www.rogerdarlington.me.uk/Russianpoliticalsystem.html>.
6

heads of system of higher bodies and deliver appropriate guidance of their activities. The court is
having the right to make any kind of arguments and made choice if the cases are correct or
constitutional and in case they are breaking the legal rules of the country specific penalties in the
form of fine or imprisonment is imposed as per the law of Kazakhstan.
Distribution of power:
The political system and economic system of the Soviet Union was highly centralised and
authoritarian. After many of the year, certain modification was made in the regulations and
duties. Politically, the constituent allows the soviet unions for more freely-elected bodies to take
vital decision in order to maintain proper balance in the country. Whereas, in Russia there is
semi-presidential republic in which president is having entire power to take final decision. The
power in exercise is emphasised through power to make plenty of appointment of key officials.
Power of the Duma is to passes/ reject laws, approves/ reject prime minister vote of no
confidence. The main role of this Duma is to pass the bill and for this they have to present it in
front of the president for the further approval 10. It is the president who have the right to whether
accept or reject the bill. In context to the control and regulation is having an effective framework
of modern legal analysis by featuring models of separation of power which are implemented in
the practice within developing nation. This particular country follows centralised system as the
authority is kept with president and prime minister. They have the option to make any changes in
any of enactment.
CONCLUSION
From the above project report, it has been concluded that legal system is an effective
process for analyzing and enforcing any specific law of any nation. It is basically, associated
with source of authority in soviet, Russian, Kazakhstan and Australian legal system. Proper
comparison on the basis of their judicial system and distribution of power is provide effectively.
whereas, some cases related with the Australian legal system are discussed in order to evaluate
their legal rights and obligation which are faced by the people after involving with any kind
illegal activities.
10 Thomas Raymond. 2017.[Online]. Available through: <
https://prezi.com/hvdecw45xbnn/r-v-bunting-and-wagner/ >.
7

REFERENCES
Books and Journals
Ljubownikow, S., Crotty, J. and Rodgers, P. W., 2013. The state and civil society in Post-Soviet
Russia: The development of a Russian-style civil society. Progress in Development
Studies. 13(2). pp.153-166.
Bowser, D., 2017. Corruption, trust, and the danger to democratization in the former Soviet
Union. In The Transition (pp. 80-95). Routledge.
Gans-Morse, J., 2012. Threats to property rights in Russia: From private coercion to state
aggression. Post-Soviet Affairs. 28(3). pp.263-295.
Ljubownikow, S., Crotty, J. and Rodgers, P.W., 2013. The state and civil society in Post-Soviet
Russia: The development of a Russian-style civil society. Progress in Development
Studies. 13(2). pp.153-166.
Sarbassov, Y and et. al., 2013. Electricity and heating system in Kazakhstan: exploring energy
efficiency improvement paths. Energy Policy. 60. pp.431-444.
Spehr, S. and Kassenova, N., 2012. Kazakhstan: constructing identity in a post-Soviet society.
Asian ethnicity. 13(2). pp.135-151.
Frías-Aceituno, J. V., Rodríguez-Ariza, L. and García-Sánchez, I.M., 2013. Is integrated
reporting determined by a country's legal system? An exploratory study. Journal of
cleaner production. 44. pp.45-55.
Hutchinson, T. and Duncan, N., 2012. Defining and describing what we do: Doctrinal legal
research. Deakin L. Rev. 17. p.83.
Online
Russian Federal Assembly. 2017.[Online]. Available through:
<http://www.rogerdarlington.me.uk/Russianpoliticalsystem.html>.
Thomas Raymond. 2017.[Online]. Available through: < https://prezi.com/hvdecw45xbnn/r-v-
bunting-and-wagner/ >.
8