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2009 NCRA Annual
NCRA Court
Reporting
Delegation to Russia
Moscow/St. Petersburg
October 2008
Susan Haight
2009 NCRA Annual
2009 NCRA Annual
What U.S. Citizens take for
granted:
ADA
OSHA
USG
TP
H2o
2009 NCRA Annual
What we learned:
About the Russian
judiciary
About Russian CRs
About ourselves
2009 NCRA Annual
The Russian Judiciary
2009 NCRA Annual
200 years of commercial
courts
85 years of arbitration
courts
15 years of constitutional
courts
2009 NCRA Annual6
2009 NCRA Annual7
✦ 2500 judges
✦ civil, criminal, tourist
✦ oblast or kray
✦ state level
✦ labor, civil, criminal
✦ criminal juries only
✦ admin, minor felony
✦ appointment by QC
More then 60% judges are women
2009 NCRA Annual8
Three separate but equal “supreme” courts
2009 NCRA Annual9
Administration, personnel, funding
allocation, and training
2009 NCRA Annual10
All justices are appointed by
the Russian President, except
Justices of the Peace
✦ appoints J of P after advertising
in the newspaper
✦ can remove appointees
✦ current judges
✦ admins to the President
✦ public figures
2009 NCRA Annual
The Russian COURT
REPORTER
2009 NCRA Annual
All court employees work for the
Federated State of Russia
(government employees)
Court “Secretaries” are
not Court Reporters
2009 NCRA Annual
Court Secretaries (CSs)
record (paper & pencil):
✦ minutes
✦ procedural compliance
✦ evidence list
✦ complaint
✦ motions
✦ decisions
✦ “appeals”
2009 NCRA Annual
Court Secretaries (CSs)
also:
✦ arrange the court docket
✦ set the court order
✦ provide administrative services to
their assigned judge
2009 NCRA Annual
Court Secretaries (CSs)
have:
✦ a procedural role (compliance
enforcement)
✦ an obligation (code of ethics)
✦ rights (what is recorded)
2009 NCRA Annual
A judge may consider the
merits of a CSs’ arguments
delivered in court, based
upon their knowledge of
procedural compliance and
precedence.
2009 NCRA Annual
CSs are not freelancers, nor
are they permitted to accept
private employment
appointment
2009 NCRA Annual
Russian COURT secretary
education
2009 NCRA Annual
2009 NCRA Annual
Prospective Russian college
students are tracked at 10-
12 years of age:
✦ Language = law/education
✦ Science = medicine/research
✦ Math = technology
2009 NCRA Annual
CSs have worked as
lawyers* and have legal
experience through
educational cooperatives
*Remember: The Russian legal
system is no where near as complex
as the U.S. system and a law degree
is not required to practice in Russia.
2009 NCRA Annual
The typical CS student:
✦ is 14-18 years old
✦ is in a college program that
specializes in “primary legal
practice”
✦ graduates with 99 of their
peers
✦ has spent 6-20 hours per
week working in the court
for 3-5 years
2009 NCRA Annual
The typical CS student:
✦ earns a higher-education diploma
and advanced placement credits
towards a college degree by 18
✦ practices law before, during, or
after their service as a CS
2009 NCRA Annual
Why do students become
CSs?
✦ career path to other judicial
appointments
✦ “inner urge”
✦ service to their country
✦ “I just knew”
✦ improve the judicial system
2009 NCRA Annual
Does it surprise you that:
✦ If court minutes lack detail,
parties can request additional
documents or private video be
added to the archived records?
✦ The first copy of the transcript is
free; additionals are 25-80¢ per
page?
2009 NCRA Annual
Does it surprise you that:
✦ You can photograph documents
with your cell phone (no charge)?
✦ Paper records are kept in a
climate-controlled area?
2009 NCRA Annual
Does it surprise you that:
✦ Electronic storage of case files is
just beginning?
✦ Public records include only
decisions and rulings?
2009 NCRA Annual
Does it surprise you that:
✦ Audiovisual recordings are just
being introduced?
✦ Telephone and video
conferencing is sometimes used
to hold remote sessions to cover
Russia’s 11 time zones?
2009 NCRA Annual
Does it surprise you that:
✦ There is no separation of church
and state?
2009 NCRA Annual
Yes, there
are “machine”
stenographers
2009 NCRA Annual
Stenography Bureau
✦ 5-7 different work stations (same
building) per trial
✦ audio segmented and streamed
to each station
✦ stenographer transcribes
verbatim segment on a computer
keyboard
✦ captured text recompiled
2009 NCRA Annual
ARBITRATION COURTs of
moscow & st. petersburg
2009 NCRA Annual32
✦ 150 judges
✦ 91 CSs
✦ commercial v commercial
✦ commercial v individual
2009 NCRA Annual
✦Judge + Deputy Judge
✦CS chosen from a pool
✦Cases heard and settled
in 3 months
2009 NCRA Annual
✦No process service
✦Minutes ready in 24
hours
✦Only businesses may file
bankruptcy
2009 NCRA Annual
Court Reviewer
✦ takes minutes
✦ assists judge & deputy
administratively
✦ researches case law (statutory
law)
2009 NCRA Annual
constitutional COURT of
russia
2009 NCRA Annual
The Constitution of the Russian Federation
Ratified
December 12, 1993
Preamble
We, the multinational people of the Russian Federation, united by a common
destiny on our land, asserting human rights and liberties, civil peace and
accord, preserving the historic unity of the state, proceeding from the
commonly recognized principles of equality and self-determination of the
peoples honoring the memory of our ancestors, who have passed on to us love
of and respect for our homeland and faith in good and justice, reviving the
sovereign statehood of Russia and asserting its immutable democratic
foundations, striving to secure the well-being and prosperity of Russia and
proceeding from a sense of responsibility for our homeland before the present
and future generations, and being aware of ourselves as part of the world
community, hereby approve the Constitution of the Russian Federation.
2009 NCRA Annual38
✦ Established October 30, 1991
✦ Power to enforce/amend Constitution
✦ Decides issues of law, not issues of acts
The Russian Constitution has 135
Articles that can be expended, but not
eliminated
2009 NCRA Annual
The Constitutional Court
✦may be petitioned by
Federal and regional
authorities to apply an
interpret the Constitution
2009 NCRA Annual
The Constitutional Court
✦can suspend a hearing
for violation, questioning,
or deviation or lower
courts’ proceedings
2009 NCRA Annual
The Constitutional
Court
✦decides cases
exclusively on
matters of law
✦hears only non-
political cases
2009 NCRA Annual
The Constitutional
Court
✦establishes its own
Rules of Procedure
✦considers and
decides cases in
plenary or chamber
sessions by majority
2009 NCRA Annual
The Constitutional Court
✦comprises 2 chambers of
9 and 10 justices
✦makes final rulings (no
appeals)
2009 NCRA Annual
The Constitutional Court
✦deems unconstitutional
provisions and declares
such as null and void
✦publishes dissensions to
decisions
2009 NCRA Annual
The Constitutional Court
Justices
✦are appointed by the
Russian President
✦serve until 70 years of
age
✦employ a stenography
bureau to capture a
verbatim record
2009 NCRA Annual
Our fellow delegates
2009 NCRA Annual
With the Russian CSs, we
share:
✦pride in our work
✦service to our country
and profession
✦desires to improve our
role in the justice system
2009 NCRA Annual
Spasiba!
Спасибо

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From Russia, With Love

  • 1. 2009 NCRA Annual NCRA Court Reporting Delegation to Russia Moscow/St. Petersburg October 2008 Susan Haight 2009 NCRA Annual
  • 2. 2009 NCRA Annual What U.S. Citizens take for granted: ADA OSHA USG TP H2o
  • 3. 2009 NCRA Annual What we learned: About the Russian judiciary About Russian CRs About ourselves
  • 4. 2009 NCRA Annual The Russian Judiciary
  • 5. 2009 NCRA Annual 200 years of commercial courts 85 years of arbitration courts 15 years of constitutional courts
  • 7. 2009 NCRA Annual7 ✦ 2500 judges ✦ civil, criminal, tourist ✦ oblast or kray ✦ state level ✦ labor, civil, criminal ✦ criminal juries only ✦ admin, minor felony ✦ appointment by QC More then 60% judges are women
  • 8. 2009 NCRA Annual8 Three separate but equal “supreme” courts
  • 9. 2009 NCRA Annual9 Administration, personnel, funding allocation, and training
  • 10. 2009 NCRA Annual10 All justices are appointed by the Russian President, except Justices of the Peace ✦ appoints J of P after advertising in the newspaper ✦ can remove appointees ✦ current judges ✦ admins to the President ✦ public figures
  • 11. 2009 NCRA Annual The Russian COURT REPORTER
  • 12. 2009 NCRA Annual All court employees work for the Federated State of Russia (government employees) Court “Secretaries” are not Court Reporters
  • 13. 2009 NCRA Annual Court Secretaries (CSs) record (paper & pencil): ✦ minutes ✦ procedural compliance ✦ evidence list ✦ complaint ✦ motions ✦ decisions ✦ “appeals”
  • 14. 2009 NCRA Annual Court Secretaries (CSs) also: ✦ arrange the court docket ✦ set the court order ✦ provide administrative services to their assigned judge
  • 15. 2009 NCRA Annual Court Secretaries (CSs) have: ✦ a procedural role (compliance enforcement) ✦ an obligation (code of ethics) ✦ rights (what is recorded)
  • 16. 2009 NCRA Annual A judge may consider the merits of a CSs’ arguments delivered in court, based upon their knowledge of procedural compliance and precedence.
  • 17. 2009 NCRA Annual CSs are not freelancers, nor are they permitted to accept private employment appointment
  • 18. 2009 NCRA Annual Russian COURT secretary education 2009 NCRA Annual
  • 19. 2009 NCRA Annual Prospective Russian college students are tracked at 10- 12 years of age: ✦ Language = law/education ✦ Science = medicine/research ✦ Math = technology
  • 20. 2009 NCRA Annual CSs have worked as lawyers* and have legal experience through educational cooperatives *Remember: The Russian legal system is no where near as complex as the U.S. system and a law degree is not required to practice in Russia.
  • 21. 2009 NCRA Annual The typical CS student: ✦ is 14-18 years old ✦ is in a college program that specializes in “primary legal practice” ✦ graduates with 99 of their peers ✦ has spent 6-20 hours per week working in the court for 3-5 years
  • 22. 2009 NCRA Annual The typical CS student: ✦ earns a higher-education diploma and advanced placement credits towards a college degree by 18 ✦ practices law before, during, or after their service as a CS
  • 23. 2009 NCRA Annual Why do students become CSs? ✦ career path to other judicial appointments ✦ “inner urge” ✦ service to their country ✦ “I just knew” ✦ improve the judicial system
  • 24. 2009 NCRA Annual Does it surprise you that: ✦ If court minutes lack detail, parties can request additional documents or private video be added to the archived records? ✦ The first copy of the transcript is free; additionals are 25-80¢ per page?
  • 25. 2009 NCRA Annual Does it surprise you that: ✦ You can photograph documents with your cell phone (no charge)? ✦ Paper records are kept in a climate-controlled area?
  • 26. 2009 NCRA Annual Does it surprise you that: ✦ Electronic storage of case files is just beginning? ✦ Public records include only decisions and rulings?
  • 27. 2009 NCRA Annual Does it surprise you that: ✦ Audiovisual recordings are just being introduced? ✦ Telephone and video conferencing is sometimes used to hold remote sessions to cover Russia’s 11 time zones?
  • 28. 2009 NCRA Annual Does it surprise you that: ✦ There is no separation of church and state?
  • 29. 2009 NCRA Annual Yes, there are “machine” stenographers
  • 30. 2009 NCRA Annual Stenography Bureau ✦ 5-7 different work stations (same building) per trial ✦ audio segmented and streamed to each station ✦ stenographer transcribes verbatim segment on a computer keyboard ✦ captured text recompiled
  • 31. 2009 NCRA Annual ARBITRATION COURTs of moscow & st. petersburg
  • 32. 2009 NCRA Annual32 ✦ 150 judges ✦ 91 CSs ✦ commercial v commercial ✦ commercial v individual
  • 33. 2009 NCRA Annual ✦Judge + Deputy Judge ✦CS chosen from a pool ✦Cases heard and settled in 3 months
  • 34. 2009 NCRA Annual ✦No process service ✦Minutes ready in 24 hours ✦Only businesses may file bankruptcy
  • 35. 2009 NCRA Annual Court Reviewer ✦ takes minutes ✦ assists judge & deputy administratively ✦ researches case law (statutory law)
  • 37. 2009 NCRA Annual The Constitution of the Russian Federation Ratified December 12, 1993 Preamble We, the multinational people of the Russian Federation, united by a common destiny on our land, asserting human rights and liberties, civil peace and accord, preserving the historic unity of the state, proceeding from the commonly recognized principles of equality and self-determination of the peoples honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its immutable democratic foundations, striving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Constitution of the Russian Federation.
  • 38. 2009 NCRA Annual38 ✦ Established October 30, 1991 ✦ Power to enforce/amend Constitution ✦ Decides issues of law, not issues of acts The Russian Constitution has 135 Articles that can be expended, but not eliminated
  • 39. 2009 NCRA Annual The Constitutional Court ✦may be petitioned by Federal and regional authorities to apply an interpret the Constitution
  • 40. 2009 NCRA Annual The Constitutional Court ✦can suspend a hearing for violation, questioning, or deviation or lower courts’ proceedings
  • 41. 2009 NCRA Annual The Constitutional Court ✦decides cases exclusively on matters of law ✦hears only non- political cases
  • 42. 2009 NCRA Annual The Constitutional Court ✦establishes its own Rules of Procedure ✦considers and decides cases in plenary or chamber sessions by majority
  • 43. 2009 NCRA Annual The Constitutional Court ✦comprises 2 chambers of 9 and 10 justices ✦makes final rulings (no appeals)
  • 44. 2009 NCRA Annual The Constitutional Court ✦deems unconstitutional provisions and declares such as null and void ✦publishes dissensions to decisions
  • 45. 2009 NCRA Annual The Constitutional Court Justices ✦are appointed by the Russian President ✦serve until 70 years of age ✦employ a stenography bureau to capture a verbatim record
  • 46. 2009 NCRA Annual Our fellow delegates
  • 47. 2009 NCRA Annual With the Russian CSs, we share: ✦pride in our work ✦service to our country and profession ✦desires to improve our role in the justice system

Editor's Notes

  1. USG = US Government and our judicial system TP = Toilet paper * Bring rolls of TP, empty vodka bottle *