Development of legal aid and mediation have improved the legal protection of disadvantaged citizens in Russia
The legal protection of disadvantaged citizens is improving in Russia, according to a recent study from the University of Eastern Finland. This improvement has been influenced by the development of free-of-charge, state-provided legal aid in civil matters aimed at persons of limited means and persons belonging to specific categories. Furthermore, the possibility to resolve civil conflicts within a mediation system has improved citizens' access to justice. The results of a PhD thesis by Marina Venäläinen, Lic.Soc.Sc., indicate that with the creation of these systems, Russia is taking steps towards strengthening the principles of rule of law as well as towards developing a welfare state.
The main obligations of international conventions and recommendations have been taken into consideration in the development of the legal aid and the mediation systems. Russia's own legal tradition and existing legislation as well as political objectives have played a role in the adaptation of other countries' experiences, including those of Finland, in Russia. According to Venäläinen, both the legal aid and the mediation systems are still in the early steps of their development. Their nation-wide implementation and winning citizens' trust constitute challenges.
Scattered goals in legal system development
The study indicates that Russia is lacking a comprehensive vision of the goals of developing its legal aid and mediation systems. The study analysed different stages of development ranging from pilot testing to enacting new legislation and first experiences of its implementation.
The development of public legal aid in Russia seeks to enhance the legal protection of disadvantaged citizens, to mitigate social inequalities, to raise general legal awareness and to promote obedience to the law. The creation of the mediation system, on the other hand, mainly seeks to alleviate the work burden of courts of law; however, being a private system, it may not be accessible to the poorest citizens. According to Venäläinen, further development of the systems is needed in order to increase cooperation between courts of law, bars and civic society.
Public legal aid in civil matters available to Russian citizens only
The study discovered that in Russia, foreigners and stateless persons were usually left outside the public legal aid system in civil matters. According to Venäläinen, a more comprehensive approach within the Russian legal and immigration policy might be beneficial when developing the legal protection of non-Russian citizens.
Cross-border legal protection calls for development
The study indicates that Russia's systems of legal aid and mediation should also be developed in cross-border issues. Continuing the development of cross-border family mediation is of vital importance, as also recommended by the Hague Conference on Private International Law to its member states.
Need to gain citizens' trust
The study highlights the importance of gaining citizens' trust for the development of Russia's legal system. Public legal aid and mediation need to win the trust of citizens. According to Venäläinen, successfully functioning legal aid and mediation systems may also increase citizens' trust in other legal systems in Russia.
For further information (also in Russian), please contact: Marina Venäläinen, tel. +358503436261, marina.venalainen(at)om.fi
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