Aryna Dzmitryieva - Academia.edu (original) (raw)

Papers by Aryna Dzmitryieva

Demokratizatsiya: The Journal of Post-Soviet Democratization, 2023

Following the demise of the Soviet Union, Russian legal education received a boost. However, the ... more Following the demise of the Soviet Union, Russian legal education received a boost. However, the resulting rapid growth caused severe segmentation of legal education providers. The present article discusses three types of legal education institutions: elite, mainstream, and "departmental." The latter, established to train law-enforcement officers, are given special consideration because they are unique to the post-Soviet system of legal education. These three types of law schools differ in terms of teaching staff, instructional methods, and the content of teaching. To understand the current state of legal education, the analysis draws on survey data from 460 law school faculty as well as over 20 interviews and group discussions.

Dutch Crossing: Journal of Low Countries Studies, 2016

Europe-Asia Studies, 2021

Abstract Studies of the Russian legal system underscored the discrepancy between formal legal ord... more Abstract Studies of the Russian legal system underscored the discrepancy between formal legal order and the informal practices used to maintain control over the judiciary. This essay argues that, despite laws introducing meritocratic principles of judicial selection at the beginning of the 1990s, the patronage of court presidents continues to significantly outweigh all other candidate characteristics, such as education and professional experience. By analysing 957 protocols issued by the judicial qualification boards (JQBs), I show that the influence of court presidents on the JQBs’ decision-making in the selection process undermines judicial independence and accountability.

The Journal of Social Policy Studies, 2019

Арина Викторовна Дмитриева – магистр социологии, LLM, научный сотрудник, Институт проблем правопр... more Арина Викторовна Дмитриева – магистр социологии, LLM, научный сотрудник, Институт проблем правоприменения при Европейском университете в Санкт-Петербурге, Санкт-Петербург, Россия. Электронная почта: admitrieva@eu.spb.ru В статье исследуется организация процесса отбора и назначений судей в России. Обсуждаются его основные институциальные механизмы, установившиеся после реформ 1990-х гг. Во-первых, анализируется организация работы квалификационных коллегий судей, а также роль председателей судов в формировании судейского корпуса. Во-вторых, изучаются особенности профессиональной модели отбора судей, основанной на меритократических принципах выбора наиболее квалифицированных юристов, и бюрократической модели, в которой карьера судьи выстраивается непосредственно после окончания вуза. Эмпирический анализ базируется на исследовании 957 биографий кандидатов в судьи, опубликованных на портале квалификационной коллегии в 2014–2015 гг. Анализ биографий показывает, что кандидаты в судьи преим...

SSRN Electronic Journal, 2018

Studies of the Russian legal system underscored the discrepancy between formal legal order and th... more Studies of the Russian legal system underscored the discrepancy between formal legal order and the informal practices used to maintain control over the judiciary. This essay argues that, despite laws introducing meritocratic principles of judicial selection at the beginning of the 1990s, the patronage of court presidents continues to significantly outweigh all other candidate characteristics, such as education and professional experience. By analysing 957 protocols issued by the judicial qualification boards (JQBs), I show that the influence of court presidents on the JQBs' decision-making in the selection process undermines judicial independence and accountability.

Voprosy Ekonomiki, 2014

This article seeks to answer the question whether Russian Arbitrazh (Commercial) courts tend to d... more This article seeks to answer the question whether Russian Arbitrazh (Commercial) courts tend to decide cases in favor of defendant versus plaintiff or state versus business. We have found that courts favor business entities in civil cases, while in administrative cases courts take decisions in favor of governmental bodies other things being equal. In addition, the plaintiff bias persists regardless of the type of the process. However, the plaintiff bias decreases with the rise of the case complexity. The article is based on the regression analysis of a random sample of 10 000 cases decided by the Russian Arbitrazh (commercial) courts in 2007-2011.

Sravnitel'noe konstitucionnoe obozrenie, 2017

Laws, 2017

Constitutional courts throughout the world are highly selective in forming their agenda. Scholars... more Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of the Russian Constitutional Court in the case selection process. The Russian Constitutional Court receives about twenty thousand petitions annually. Nevertheless, only dozens of them are decided on their merits by judges. Through the description of the case movement process we show that the Secretariat does have at least moderate influence on case selection. Using data received from observation and interviews with the Court's staff and judges, we find that legal assistants' decision on whether to promote a case to judges is based on different logics of decision making. First, they are bound by legal requirements. However, bureaucratic logic and the logic of appropriateness can also influence the amount of incentives to promote cases to judges.

Russian Politics & Law, 2016

Russian Politics & Law, 2016

The authors investigate the question of the differential chances of success of state bodies and e... more The authors investigate the question of the differential chances of success of state bodies and entrepreneurs in Russian arbitrazh courts (taking into account whether they appear as plaintiffs or respondents). Using regression analysis they establish that-other things being equal-the court usually comes down on the side of the entrepreneur in civil proceedings and on the side of the state in administrative proceedings. In both instances there is a bias in favor of the plaintiff. However, the more complicated the case the smaller the bias in favor of the plaintiff. The study relies on data obtained by means of a simple random sample of cases heard by arbitrazh courts of primary jurisdiction in 2007-2011.

Journal of Economic Sociology, 2013

Research agenda and data sources Research agenda and data sources Research agenda and data source... more Research agenda and data sources Research agenda and data sources Research agenda and data sources Research agenda and data sources In 2007 we started a long-term research project devoted to the phenomenon of emerging electronic selfemployment in the information society. The project was Research design and empiric Research design and empiric Research design and empiric Research design and empirical data al data al data al data

International Journal of the Legal Profession, 2015

This article explores sources of recruitment of judges and the influence of the social characteri... more This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.

Constitutional courts throughout the world are highly selective in forming their agenda. Scholars... more Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of the Russian Constitutional Court in the case selection process. The Russian Constitutional Court receives about twenty thousand petitions annually. Nevertheless, only dozens of them are decided on their merits by judges. Through the description of the case movement process we show that the Secretariat does have at least moderate influence on case selection. Using data received from observation and interviews with the Court's staff and judges, we find that legal assistants' decision on whether to promote a case to judges is based on different logics of decision making. First, they are bound by legal requirements. However, bureaucratic logic and the logic of appropriateness can also influence the amount of incentives to promote cases to judges.

This paper discusses two aspects of the migration and crime. First, it explores the crimes associ... more This paper discusses two aspects of the migration and crime. First, it
explores the crimes associated with internal and external migrants.
The analysis shows that foreigners in Russia are more often charged
with low gravity crimes such as “forgery of documents” and “illegal
crossing of the border.” With regard to other types of crimes there
are almost no difference between Russian citizens and foreigners.
Second, the paper discusses the inequality between Russians and
foreigners before criminal court which could be found from the
analysis of the judicial statistics. Russian judges do indeed convict
foreigners more often than citizens of Russian Federation. They also
more often sentence foreigners to real imprisonment and more rarely
choose suspended sentence. However, when it comes to the length of
incarceration term, Russian judges tend to be more lenient to
migrants than to Russians and systematically give them shorter
prison terms than to Russian citizens. The study is based on the dataset of 1,5 million individual cases considered by Russian Courts
in 2009-first half of 2010

The authors investigatethe question ofthe differential chances of success of state bodies and ent... more The authors investigatethe question ofthe differential chances of success of state bodies and entrepreneurs in Russian arbitrazh courts (taking into account whether they appear as plaintiffs or respondents). Using regression analysis they establish that—other things being equal—the court usually comes down on the side of the entrepreneur in civil
proceedings and on the side of the state in administrative proceedings.
In both instances there is a bias in favor of the plaintiff. However, the
more complicated the case the smaller the bias in favor of the plaintiff.
The study relies on data obtained by means of a simple random sample of cases heard by arbitrazh courts of primary jurisdiction in 2007–2011.

This article explores sources of recruitment of judges and the influence of the social characteri... more This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.

гражданского дела истцом в арбитраже в целом ниже, когда истец -государственный орган, когда отве... more гражданского дела истцом в арбитраже в целом ниже, когда истец -государственный орган, когда ответчик предоставляет отзыв, либо появляется в зале судебного заседания. Также больше шансов на выигрыш у истца тогда, когда время принятия дела судьей, а также время судебного разбирательства, дольше. Заявленная в иске сумма денежных требований, несмотря на наше изначальное предположение, сама по себе не влияет на вероятность выигрыша дела. Ключевую роль играет при этом поведение сторон -степень их активности в ходе процесса, готовность присутствовать на заседаниях и т.п. Также большой предсказательной силой обладает сложность категории, к которой принадлежит дело. В целом описанные в соответствующей главе факторы определяют 36,5% вероятности исхода дела (что очень высоко, учитывая, что множество содержательных характеристик не поддается кодированию).

Demokratizatsiya: The Journal of Post-Soviet Democratization, 2023

Following the demise of the Soviet Union, Russian legal education received a boost. However, the ... more Following the demise of the Soviet Union, Russian legal education received a boost. However, the resulting rapid growth caused severe segmentation of legal education providers. The present article discusses three types of legal education institutions: elite, mainstream, and "departmental." The latter, established to train law-enforcement officers, are given special consideration because they are unique to the post-Soviet system of legal education. These three types of law schools differ in terms of teaching staff, instructional methods, and the content of teaching. To understand the current state of legal education, the analysis draws on survey data from 460 law school faculty as well as over 20 interviews and group discussions.

Dutch Crossing: Journal of Low Countries Studies, 2016

Europe-Asia Studies, 2021

Abstract Studies of the Russian legal system underscored the discrepancy between formal legal ord... more Abstract Studies of the Russian legal system underscored the discrepancy between formal legal order and the informal practices used to maintain control over the judiciary. This essay argues that, despite laws introducing meritocratic principles of judicial selection at the beginning of the 1990s, the patronage of court presidents continues to significantly outweigh all other candidate characteristics, such as education and professional experience. By analysing 957 protocols issued by the judicial qualification boards (JQBs), I show that the influence of court presidents on the JQBs’ decision-making in the selection process undermines judicial independence and accountability.

The Journal of Social Policy Studies, 2019

Арина Викторовна Дмитриева – магистр социологии, LLM, научный сотрудник, Институт проблем правопр... more Арина Викторовна Дмитриева – магистр социологии, LLM, научный сотрудник, Институт проблем правоприменения при Европейском университете в Санкт-Петербурге, Санкт-Петербург, Россия. Электронная почта: admitrieva@eu.spb.ru В статье исследуется организация процесса отбора и назначений судей в России. Обсуждаются его основные институциальные механизмы, установившиеся после реформ 1990-х гг. Во-первых, анализируется организация работы квалификационных коллегий судей, а также роль председателей судов в формировании судейского корпуса. Во-вторых, изучаются особенности профессиональной модели отбора судей, основанной на меритократических принципах выбора наиболее квалифицированных юристов, и бюрократической модели, в которой карьера судьи выстраивается непосредственно после окончания вуза. Эмпирический анализ базируется на исследовании 957 биографий кандидатов в судьи, опубликованных на портале квалификационной коллегии в 2014–2015 гг. Анализ биографий показывает, что кандидаты в судьи преим...

SSRN Electronic Journal, 2018

Studies of the Russian legal system underscored the discrepancy between formal legal order and th... more Studies of the Russian legal system underscored the discrepancy between formal legal order and the informal practices used to maintain control over the judiciary. This essay argues that, despite laws introducing meritocratic principles of judicial selection at the beginning of the 1990s, the patronage of court presidents continues to significantly outweigh all other candidate characteristics, such as education and professional experience. By analysing 957 protocols issued by the judicial qualification boards (JQBs), I show that the influence of court presidents on the JQBs' decision-making in the selection process undermines judicial independence and accountability.

Voprosy Ekonomiki, 2014

This article seeks to answer the question whether Russian Arbitrazh (Commercial) courts tend to d... more This article seeks to answer the question whether Russian Arbitrazh (Commercial) courts tend to decide cases in favor of defendant versus plaintiff or state versus business. We have found that courts favor business entities in civil cases, while in administrative cases courts take decisions in favor of governmental bodies other things being equal. In addition, the plaintiff bias persists regardless of the type of the process. However, the plaintiff bias decreases with the rise of the case complexity. The article is based on the regression analysis of a random sample of 10 000 cases decided by the Russian Arbitrazh (commercial) courts in 2007-2011.

Sravnitel'noe konstitucionnoe obozrenie, 2017

Laws, 2017

Constitutional courts throughout the world are highly selective in forming their agenda. Scholars... more Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of the Russian Constitutional Court in the case selection process. The Russian Constitutional Court receives about twenty thousand petitions annually. Nevertheless, only dozens of them are decided on their merits by judges. Through the description of the case movement process we show that the Secretariat does have at least moderate influence on case selection. Using data received from observation and interviews with the Court's staff and judges, we find that legal assistants' decision on whether to promote a case to judges is based on different logics of decision making. First, they are bound by legal requirements. However, bureaucratic logic and the logic of appropriateness can also influence the amount of incentives to promote cases to judges.

Russian Politics & Law, 2016

Russian Politics & Law, 2016

The authors investigate the question of the differential chances of success of state bodies and e... more The authors investigate the question of the differential chances of success of state bodies and entrepreneurs in Russian arbitrazh courts (taking into account whether they appear as plaintiffs or respondents). Using regression analysis they establish that-other things being equal-the court usually comes down on the side of the entrepreneur in civil proceedings and on the side of the state in administrative proceedings. In both instances there is a bias in favor of the plaintiff. However, the more complicated the case the smaller the bias in favor of the plaintiff. The study relies on data obtained by means of a simple random sample of cases heard by arbitrazh courts of primary jurisdiction in 2007-2011.

Journal of Economic Sociology, 2013

Research agenda and data sources Research agenda and data sources Research agenda and data source... more Research agenda and data sources Research agenda and data sources Research agenda and data sources Research agenda and data sources In 2007 we started a long-term research project devoted to the phenomenon of emerging electronic selfemployment in the information society. The project was Research design and empiric Research design and empiric Research design and empiric Research design and empirical data al data al data al data

International Journal of the Legal Profession, 2015

This article explores sources of recruitment of judges and the influence of the social characteri... more This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.

Constitutional courts throughout the world are highly selective in forming their agenda. Scholars... more Constitutional courts throughout the world are highly selective in forming their agenda. Scholars who have studied the setting of agenda have not reached agreement on the role of legal clerks in this process. This article focuses on the role of the Secretariat of the Russian Constitutional Court in the case selection process. The Russian Constitutional Court receives about twenty thousand petitions annually. Nevertheless, only dozens of them are decided on their merits by judges. Through the description of the case movement process we show that the Secretariat does have at least moderate influence on case selection. Using data received from observation and interviews with the Court's staff and judges, we find that legal assistants' decision on whether to promote a case to judges is based on different logics of decision making. First, they are bound by legal requirements. However, bureaucratic logic and the logic of appropriateness can also influence the amount of incentives to promote cases to judges.

This paper discusses two aspects of the migration and crime. First, it explores the crimes associ... more This paper discusses two aspects of the migration and crime. First, it
explores the crimes associated with internal and external migrants.
The analysis shows that foreigners in Russia are more often charged
with low gravity crimes such as “forgery of documents” and “illegal
crossing of the border.” With regard to other types of crimes there
are almost no difference between Russian citizens and foreigners.
Second, the paper discusses the inequality between Russians and
foreigners before criminal court which could be found from the
analysis of the judicial statistics. Russian judges do indeed convict
foreigners more often than citizens of Russian Federation. They also
more often sentence foreigners to real imprisonment and more rarely
choose suspended sentence. However, when it comes to the length of
incarceration term, Russian judges tend to be more lenient to
migrants than to Russians and systematically give them shorter
prison terms than to Russian citizens. The study is based on the dataset of 1,5 million individual cases considered by Russian Courts
in 2009-first half of 2010

The authors investigatethe question ofthe differential chances of success of state bodies and ent... more The authors investigatethe question ofthe differential chances of success of state bodies and entrepreneurs in Russian arbitrazh courts (taking into account whether they appear as plaintiffs or respondents). Using regression analysis they establish that—other things being equal—the court usually comes down on the side of the entrepreneur in civil
proceedings and on the side of the state in administrative proceedings.
In both instances there is a bias in favor of the plaintiff. However, the
more complicated the case the smaller the bias in favor of the plaintiff.
The study relies on data obtained by means of a simple random sample of cases heard by arbitrazh courts of primary jurisdiction in 2007–2011.

This article explores sources of recruitment of judges and the influence of the social characteri... more This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.

гражданского дела истцом в арбитраже в целом ниже, когда истец -государственный орган, когда отве... more гражданского дела истцом в арбитраже в целом ниже, когда истец -государственный орган, когда ответчик предоставляет отзыв, либо появляется в зале судебного заседания. Также больше шансов на выигрыш у истца тогда, когда время принятия дела судьей, а также время судебного разбирательства, дольше. Заявленная в иске сумма денежных требований, несмотря на наше изначальное предположение, сама по себе не влияет на вероятность выигрыша дела. Ключевую роль играет при этом поведение сторон -степень их активности в ходе процесса, готовность присутствовать на заседаниях и т.п. Также большой предсказательной силой обладает сложность категории, к которой принадлежит дело. В целом описанные в соответствующей главе факторы определяют 36,5% вероятности исхода дела (что очень высоко, учитывая, что множество содержательных характеристик не поддается кодированию).

This research aims to investigate the underlying causes of the decline of the Russian judicial s... more This research aims to investigate the underlying causes of the decline of the Russian judicial system by examining its institutional framework, professional norms, values, attitudes towards the law, and patterns of behavior observed inside the legal system. It explores the evolution of the law after the collapse of the Soviet Union and the duality of the judicial system. It investigates how legal development affected the court system and the judiciary.