Is Justice Possible in Russian Courts? A Case Study of Housing Disputes

Abstract

How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.