Mikhail Khodorkovsky: Russia needs Anglo-Saxon governance system
Mikhail Khodorkovsky, a businessman and politician who has spent 10 years in Russian prison, currently he starts his political activity and announces initiatives which he thinks will support normal development of Russia.
In his interview to journal Slon Khodorkovsky told about one of his last offers where he expresses his opinion that the most appropriate and clear governance system for Russia is not Romano-Germanic continental governance system but insular Anglo-Saxon one. Khodorkovsky explains this affirmation as people in Russia used to act not as it was written but as it is considered to be correct on their opinion.
– It is also called general or common law. The point is the court to compare with traditions and customs. In the case of economic dispute it compares with traditions and customs of business practice. If the action is considered as normal and usual in business, it is accepted as legal. If it is not normal and usual, it is not legal. The Jury trial does not look if you have broken some point of some article, it evaluates if your action is normal or not normal. Accordingly it evaluates if you are guilty or not guilty. For us, Russians, this jurisdiction is more clear.
It is also important here that justice and performance of legislation is not the same thing. I have told it many times, and it seems to me very important to understand that there are legal and illegal laws. Putin says: “One should perform the legislation”, and I say: “Oh, no! One should perform legal law, and illegal law not only shouldn’t be performed, one should fight against it”. Slavery was legal one time, Holocaust, segregation were legal. Do we consider these laws to be legal, rightful? Or people who fought against them were right?
In common law legislation is not being accepted, it is being opened. The legislation is considered to exist already in people’s mind. It should be “opened” and expressed on paper. But, of course, we are talking about common perception of needed, but not about fluctuations in separate figures’ heads. It is instead of thinking of regulation, for example because a tsar wants it, as it is being made in continental law.