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Judicial alignment and criminal justice: evidence from Russian courts

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  • André Schultz
  • Vladimir Kozlov
  • Alexander Libman

Abstract

This paper investigates the effect of informal ties between judges (as represented by regional court chairpersons) and prosecutors on the repressive implementation of criminal justice in Russia in the area of fraud convictions. The authors utilize criminal law statistics of Russian regional courts for 2006–2010 to determine the alignment between chairpersons and prosecutors by measuring the length of their mutual career paths. The informal ties have a strong impact on trial outcome, which, however, changes over time. During periods of high bureaucratic risks and uncertainty, regions with a higher extent of informal ties between judges and prosecutors exhibit more repressive law enforcement. If external risks decrease, informal coalitions seem to increase the independence of the courts, insulating them from bureaucratic pressures and limiting their repressiveness.

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  • André Schultz & Vladimir Kozlov & Alexander Libman, 2014. "Judicial alignment and criminal justice: evidence from Russian courts," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 137-170, May.
    • Handle: RePEc:taf:rpsaxx:v:30:y:2014:i:2-3:p:137-170
    DOI: 10.1080/1060586X.2013.856574
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    Citations

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    Cited by:

    1. Alexander Libman & Janis N. Kluge, 2017. "Sticks or Carrots? Comparing Effectiveness of Government Shadow Economy Policies in Russia," Working Papers 364, Leibniz Institut für Ost- und Südosteuropaforschung (Institute for East and Southeast European Studies).
    2. Meričková Beáta Mikušová & Bašteková Andrea & Stejskal Jan & Pekár Bernard, 2017. "Economic, Political, Social Factor of Corruption in the Slovak Republic," NISPAcee Journal of Public Administration and Policy, Sciendo, vol. 10(1), pages 99-120, June.
    3. Janis N. Kluge & Alexander Libman, 2018. "Sticks or Carrots? Comparing Effectiveness of Government Informal Economy Policies in Russia," Comparative Economic Studies, Palgrave Macmillan;Association for Comparative Economic Studies, vol. 60(4), pages 605-637, December.
    4. Travova, Ekaterina, 2023. "Under pressure? Performance evaluation of police officers as an incentive to cheat," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 1143-1172.
    5. Libman Alexander & Schultz André & Graeber Thomas, 2016. "Tax Return as a Political Statement," Review of Law & Economics, De Gruyter, vol. 12(2), pages 377-445, July.
    6. Vladimir Kozlov & Alexander Libman, 2014. "Protection or Repression: The Impact of Judiciary Behavior on SME Development in Russia," International Journal of Entrepreneurial Knowledge, Center for International Scientific Research of VSO and VSPP, vol. 2(1), pages 14-27, June.
    7. Libman, Alexander & Kozlov, Vladimir, 2012. "Региональные Вариации Гражданского Общества И Судопроизводство В России [Regional Variations of Civil Society and Judiciary in Russia]," MPRA Paper 53564, University Library of Munich, Germany.

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