Day Seven, October 10, 2008, St. Petersburg
Despite the fact that it finally rained, today was an exciting day for all of us. We were heading out to the Constitutional Court of the Russian Federation. We were the first group of our kind to be permitted to visit this prestigious court, and the honor was not lost on any of us. Passports were required, and we went through a more extensive security system for this building than previous courts. The court has only recently relocated from Moscow to St. Petersburg, in May of this year, but retains a satellite office in Moscow.
Once we cleared security, we were taken on a tour of part of this magnificent complex. Housed in the former Senate and Synod buildings, every room we visited was incredible. We saw a breathtakingly beautiful church; the Pompei Hall, where foreign dignitaries are received; and many other rooms of amazing beauty. We were then led to a large conference room that is often used by the justices for plenary meetings. It was magnificent, with marble columns, beautiful chandeliers, and painted ceilings. The room is equipped with a sophisticated audio and video recording system and teleconference capabilities.
Our session began with an explanation from our hosts on the history, function, and makeup of the court. The Constitutional Court is a high court empowered to rule on whether or not certain laws or presidential decrees are in conformance with the Constitution of Russia. Its only purpose is to protect the Constitution and deal with disputes where it has jurisdiction. It is one of three Supreme Courts in Russia. The other two Supreme Courts can direct matters to the Constitutional Court if there is a question of constitutionality. Individual citizens as well as Federal and regional authorities can also petition the court. Proceedings are quite specific and deal with the legal issues only, not issues of fact.
The court consists of 19 justices (3 of whom are women), appointed by the President of Russia with the consent of the Federation Council of Russia. Justices must be at least 40 years of age and have at least 15 years of experience and have “recognized high qualification” in law. They are appointed for life, with a mandatory retirement age of 70. The court consists of two chambers, made up of 10 and 9 judges respectively. The most important matters are dealt with in plenary sessions and all 19 judges participate. The court annually comes up with several dozen opinions and often renders decisions to deny consideration of a petition for a variety of reasons. The court’s decisions are published as legal precedents and dissenting opinions are also published.
The Constitutional Court does keep verbatim records of both public courtroom proceedings and judges’ meetings (closed sessions to discuss decisions). All matters are recorded via video and audio. A pool of reporters work in another part of the building to prepare the transcripts, viewing the video and listening to the audio. The managing reporter divides the tapes into 15-minute sections and assigns the work to the six reporters, who prepare a day’s transcript in approximately a half-hour. Once prepared, it is reassembled and any overlapping sections removed. As in the Arbitration Courts we visited, the official record is the summary-type minutes of the proceeding. However, the verbatim transcript is attached and made a part of those minutes. The video is not made a part of the record, but is used as a production tool and is also archived.
Some of what is related above was explained in their opening remarks, and the remainder was learned through our question and answer sessions with the members of the court’s delegation. They were surprised by our considerable number of questions and joked that it was time for us to stop asking so many so we could tour the court.
We again divided into two groups. Our group did get the chance to meet two of the court stenographers. They were both middle-aged women. I regret I was not making notes at the time and cannot refer to either of these ladies by name. They worked in a quiet, dimly lit room with large computer monitors and a system that seemed to work very well for their task. The video is displayed in the lower right-hand corner of the monitor while the stenographer listens to the audio and types the proceedings. When asked about typing speed, we learned our very experienced and highly respected colleague types around 120 wpm. When asked what the biggest challenge to doing their job was, she replied acoustics in the courtroom is critical. We all nodded in knowing agreement. When asked how she handled inaudible or overlapping speech, she replied that having the ability to play it repeatedly helps. I got the impression the system allowed for the separation of sound tracks as well. In short, I was left with the feeling no inaudibles remained once she had completed her work.
She then asked for an explanation of how we do our job, and I did my best to explain the use of our steno machines, realtime computer software, and interactive hookups for judges and attorneys. I also explained the use of audiosync as a transcription aid and the use of video and the ability to synchronize it with our transcripts for depositions during discovery (which is hard to explain to a Russian, as discovery doesn’t exist in their system). I did let her know in some state courts, video is utilized as well. We would have loved to stay and visit longer, but we were informed our time was up.
We met back up with the other group in the main courtroom. It was gorgeous, with dark paneling, red velvet chairs, and the double-headed Eagle in gold on the back wall, as well as etched in the leaded glass ceiling above. I forgot to mention that during our tour, very discretely, we had an escort of gentlemen we assume were Russian Secret Service. I was too busy looking around to even notice them, but several others in the group pointed them out to me when we reassembled in the main courtroom.
A few final questions and answers were followed with a presentation to our hosts of gifts from the delegation. Earlier, at our question and answer session, we had been presented with a book about the Constitutional Court and another on the Federal Constitutional Law on the Constitutional Court of the Russian Federation.
We left the courthouse and had lunch. Afterward, we toured the beautiful Cathedral of Savior on the Spilled Blood. The name of this cathedral refers to the blood of the assassinated Alexander II, who was mortally wounded on that site on March 13, 1881. Alexander III began construction on the church in 1883, as a memorial to his father. The cathedral wasn’t completed until 1907. The architecture is medieval Russian and resembles St. Basil’s Cathedral on Red Square in Moscow. The colorful spires were slightly muted by the overcast skies, but still beautiful. The interior is almost completely made up of incredible mosaics, purportedly more than any other in the world. If that’s not correct, it’s got to be close!
After the Russian revolution, the church was ransacked and the interior badly damaged. The Soviet government closed the church in the early 1930s. During the Siege of Leningrad, it was used as a warehouse for vegetables. As a result, the church was also sometimes referred to as Savior on Potatoes.
It suffered significant damage during the war. There is also a photograph in a small gallery in the church which shows an unexploded artillery shell that had pierced the main dome and came to rest on a ledge just under the arm of Christ in the icon on the ceiling. The round was large enough that, had it gone off, it most likely would have leveled the church. Restoration of the church began in 1970. In 1997, after 27 years of work, it was reopened.
We left Savior on Spilled Blood and made our next stop at Peter and Paul Fortress. The fortress was founded in 1703, on a small island in the Neva River. In the middle of the fortress is the Peter and Paul Cathedral, where almost all the Russian emperors and empresses (also known as czars and czarinas) are buried. We passed the tombs of Peter the Great and most of his descendants. Catherine the First, Catherine the Great, Anna, Elizabeth, and all the others whose names we had been versed on during our time in St. Petersburg are there.
Nicholas and Alexandria and all three of their five children, including Anastasia, are buried in a separate anteroom, away from the remainder of the tombs. The remains of their two other children, Maria and Alexei, were recently found and their identities confirmed. They will be joining the family soon.
On the top of the cathedrals’ gilded spire is a golden angel, holding a cross. This weathervane is one of the most prominent symbols in St. Petersburg and, at 404 feet tall, the cathedral is the highest building in the city.
We left the fortress and returned to the hotel. Some of the group headed off for dinner at a place called simply “Idiot.” Merilyn and I wandered in vain in an attempt to find it, but after two hours and asking directions at least three times, we gave up. We started to think we were on our very own snipe hunt, but apparently others had trouble finding it as well. We joined two more of our group and went to a placed called Mozzarella’s and had pizza instead. The waitress had on a cute shirt I thought my daughter would like. I asked her where I could find one, and she gave me the store’s name. More on this adventure tomorrow.