The Rule of Law and Russian Culture-Are They Compatible?

Demokratizatsiya

Volumn 7, Issue 2, 1999, Pages 204-213

  Pope, Ronald R ^a,b  

^a Russ Consult and Development Ltd

^b ILLINOIS STATE UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0005279913     PISSN: 10746846     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (62)

1. The conference was held in Washington, D.C., 8 and 9 June 1998. It was organized by the American University in Moscow, Kontinent, publishing house "Voskresenie," and the Russian Academy of Sciences. It was sponsored by Russia House (Washington, D.C.) and Incombank (Moscow). My participation was made possible by travel funds from Illinois State University.
2. See Ronald R. Pope, "Inching Toward Justice in Russia," Christian Science Monitor, 14 July 1998, 11. (Reprinted in Johnson's Russia List #2264, 14 July 1998.) The conference paper appears in Kontinent 98 (Winter 1999): 72-82.
3. Public Opinion Foundation poll, February 1998 (www.fom.ru); as cited in Vladimir Shlapentokh, "Go to Moscow Kenneth Starr! The Russians Need You," Johnson's Russia List #2126, 31 March 1998.
4. On the Soviet leadership's view of Watergate, see Hedrick Smith, The Russians (New York: Quadrangle, 1976), 241-44. On the origins of the relationship between the legal system and the Soviet/Russian leadership, see Roy A. Medvedev, Let History Judge (New York: Vintage Books, 1973), 502.
5. On the Soviet leadership's view of Watergate, see Hedrick Smith, The Russians (New York: Quadrangle, 1976), 241-44. On the origins of the relationship between the legal system and the Soviet/Russian leadership, see Roy A. Medvedev, Let History Judge (New York: Vintage Books, 1973), 502.
6. For example, apparently hundreds of millions of dollars in Russian government and Western aid intended for the coal industry has disappeared-and no one has been prosecuted. See Kathy Lally and Will Englund, "Corruption of Coal Industry Infuriates Russia's Miners," Baltimore Sun. 19 July' 1998, 1A (Johnson's Russia List #2272, 19 July 1998). Also see Carol J. Williams, "The Germ of Post-Soviet Russia Is Corruption," Los Angeles Times, 20 September 1998, A14 (Johnson's Russia List #2387, 20 September 1998); Jonas Bernstein, "Another Battle in Russia's Phony War on Corruption," Washington Post, 29 June 1997, C2.
7. For example, apparently hundreds of millions of dollars in Russian government and Western aid intended for the coal industry has disappeared-and no one has been prosecuted. See Kathy Lally and Will Englund, "Corruption of Coal Industry Infuriates Russia's Miners," Baltimore Sun. 19 July' 1998, 1A (Johnson's Russia List #2272, 19 July 1998). Also see Carol J. Williams, "The Germ of Post-Soviet Russia Is Corruption," Los Angeles Times, 20 September 1998, A14 (Johnson's Russia List #2387, 20 September 1998); Jonas Bernstein, "Another Battle in Russia's Phony War on Corruption," Washington Post, 29 June 1997, C2.
8. For example, apparently hundreds of millions of dollars in Russian government and Western aid intended for the coal industry has disappeared-and no one has been prosecuted. See Kathy Lally and Will Englund, "Corruption of Coal Industry Infuriates Russia's Miners," Baltimore Sun. 19 July' 1998, 1A (Johnson's Russia List #2272, 19 July 1998). Also see Carol J. Williams, "The Germ of Post-Soviet Russia Is Corruption," Los Angeles Times, 20 September 1998, A14 (Johnson's Russia List #2387, 20 September 1998); Jonas Bernstein, "Another Battle in Russia's Phony War on Corruption," Washington Post, 29 June 1997, C2.
9. For example, apparently hundreds of millions of dollars in Russian government and Western aid intended for the coal industry has disappeared-and no one has been prosecuted. See Kathy Lally and Will Englund, "Corruption of Coal Industry Infuriates Russia's Miners," Baltimore Sun. 19 July' 1998, 1A (Johnson's Russia List #2272, 19 July 1998). Also see Carol J. Williams, "The Germ of Post-Soviet Russia Is Corruption," Los Angeles Times, 20 September 1998, A14 (Johnson's Russia List #2387, 20 September 1998); Jonas Bernstein, "Another Battle in Russia's Phony War on Corruption," Washington Post, 29 June 1997, C2.
10. For example, apparently hundreds of millions of dollars in Russian government and Western aid intended for the coal industry has disappeared-and no one has been prosecuted. See Kathy Lally and Will Englund, "Corruption of Coal Industry Infuriates Russia's Miners," Baltimore Sun. 19 July' 1998, 1A (Johnson's Russia List #2272, 19 July 1998). Also see Carol J. Williams, "The Germ of Post-Soviet Russia Is Corruption," Los Angeles Times, 20 September 1998, A14 (Johnson's Russia List #2387, 20 September 1998); Jonas Bernstein, "Another Battle in Russia's Phony War on Corruption," Washington Post, 29 June 1997, C2.
11. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
12. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
13. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
14. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
15. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
16. Itar-Tass, Moscow, 18 June 1998 (Johnson's Russia List, #2231, 20 June 1998). Also see Williams, "The Term of Post-Soviet Russia Is Corruption"; Cathy Young, "Russian Studies," Chicago Tribune, 6 September 1998, Sec. 1, 17 (Johnson's Russia List #2353, 7 September 1998); Victor M. Sergeyev, The Wild East: Crime and Lawlessness in Post-Communist Russia (Armonk, N.Y.: M. E. Sharpe, 1997).
17. "Corruption Costs Russia $15 bn a Year-Consultant," Reuters (London), 13 October 1998 (Johnson's Russia List #2429, 14 October 1998).
18. "Corruption Costs Russia $15 bn a Year-Consultant," Reuters (London), 13 October 1998 (Johnson's Russia List #2429, 14 October 1998).
19. Michael Wines, "Surprising Russian Stir on Unsurprising Issue: Corruption," New York Times, 3 November 1998, A3.
20. "Transparency International Ranks 85 Countries in Largest Ever Corruption Perceptions Index," news release, 22 September 1998 (www.transparency.de).
21. See Richard C. Paddock, "In Russia, Stealing Is a Normal Part of Life," Los Angeles Times, 21 September 1998, A8; Mumin Shakirov, "ESSAY: Criminalized Society Favors Cruel Punishment," Moscow Times, 14 January 1998 (www.moscowtimes.ru); Williams, "The Term of Post-Soviet Russia Is Corruption."
22. See Richard C. Paddock, "In Russia, Stealing Is a Normal Part of Life," Los Angeles Times, 21 September 1998, A8; Mumin Shakirov, "ESSAY: Criminalized Society Favors Cruel Punishment," Moscow Times, 14 January 1998 (www.moscowtimes.ru); Williams, "The Term of Post-Soviet Russia Is Corruption."
23. See Richard C. Paddock, "In Russia, Stealing Is a Normal Part of Life," Los Angeles Times, 21 September 1998, A8; Mumin Shakirov, "ESSAY: Criminalized Society Favors Cruel Punishment," Moscow Times, 14 January 1998 (www.moscowtimes.ru); Williams, "The Term of Post-Soviet Russia Is Corruption."
24. Quoted in Martin Walker, "After Yeltsin: Russia Faces Free-fall," Transitions (June 1998): 21. Also see Sujata Rao, "Who's Afraid of the Big Bad Tax Collector?" Moscow Times, 1 August 1998 (Johnson's Russia List #2293, 1 August 1998).
25. Quoted in Martin Walker, "After Yeltsin: Russia Faces Free-fall," Transitions (June 1998): 21. Also see Sujata Rao, "Who's Afraid of the Big Bad Tax Collector?" Moscow Times, 1 August 1998 (Johnson's Russia List #2293, 1 August 1998).
26. Quoted in Martin Walker, "After Yeltsin: Russia Faces Free-fall," Transitions (June 1998): 21. Also see Sujata Rao, "Who's Afraid of the Big Bad Tax Collector?" Moscow Times, 1 August 1998 (Johnson's Russia List #2293, 1 August 1998).
27. Williams, "The Term of Post-Soviet Russia Is Corruption."
28. Shakirov, "ESSAY."
29. A. S. Grechin, "Experiment in the Sociological Study of People's Feelings on Law and Order," Sotsiologicheskiye isslodovaniya 2 (April-June 1983): 121-26 (Current Digest of the Soviet Press, 27 July 1983). For a good anecdotal discussion of theft during the Soviet period see Smith, The Russians, 81-86.
30. A. S. Grechin, "Experiment in the Sociological Study of People's Feelings on Law and Order," Sotsiologicheskiye isslodovaniya 2 (April-June 1983): 121-26 (Current Digest of the Soviet Press, 27 July 1983). For a good anecdotal discussion of theft during the Soviet period see Smith, The Russians, 81-86.
31. A. S. Grechin, "Experiment in the Sociological Study of People's Feelings on Law and Order," Sotsiologicheskiye isslodovaniya 2 (April-June 1983): 121-26 (Current Digest of the Soviet Press, 27 July 1983). For a good anecdotal discussion of theft during the Soviet period see Smith, The Russians, 81-86.
32. Paddock, "In Russia, Stealing is a Normal Part of Life."
33. See ibid, and Williams, "The Term of Post-Soviet Russia Is Corruption."
34. Our activities include a popular not-for-profit American English program; a remodeling business, from which the money was stolen; some tourism; assistance with trade deals; and a variety of "noncommercial" projects, including support for educational and art exchanges and police training. For more information, see our Websile: www.serendipity-russia.com.
35. Investigator A. M. Naumov, "Decision Concerning the Dropping of the Criminal Case As the Result of a Change in the Situation," Prosecutor's Office, City of Vladimir, 12 August 1996. (The title of this report is misleading. Naumov makes no specific claim of a "change in the situation" in the text of his report.) On the question of the general attitude toward the legal profession during the Soviet period, see George Feifer, Justice in Moscow (New York: Dell Publishing Co., 1964), 343. Also see "Legal System Under Fire for Abuses" (a collection of articles from the Soviet press), Current Digest of the Soviet Press, 30 November 1983.
36. Investigator A. M. Naumov, "Decision Concerning the Dropping of the Criminal Case As the Result of a Change in the Situation," Prosecutor's Office, City of Vladimir, 12 August 1996. (The title of this report is misleading. Naumov makes no specific claim of a "change in the situation" in the text of his report.) On the question of the general attitude toward the legal profession during the Soviet period, see George Feifer, Justice in Moscow (New York: Dell Publishing Co., 1964), 343. Also see "Legal System Under Fire for Abuses" (a collection of articles from the Soviet press), Current Digest of the Soviet Press, 30 November 1983.
37. Investigator A. M. Naumov, "Decision Concerning the Dropping of the Criminal Case As the Result of a Change in the Situation," Prosecutor's Office, City of Vladimir, 12 August 1996. (The title of this report is misleading. Naumov makes no specific claim of a "change in the situation" in the text of his report.) On the question of the general attitude toward the legal profession during the Soviet period, see George Feifer, Justice in Moscow (New York: Dell Publishing Co., 1964), 343. Also see "Legal System Under Fire for Abuses" (a collection of articles from the Soviet press), Current Digest of the Soviet Press, 30 November 1983.
38. Reported by Valeri Skorbilin on the Vladimir television evening news, 16 February 1998.
39. For a detailed account of this case, see Ronald R. Pope, "A Connecticut Yankee in Tsar Yeltsin's Court: Justice in Russia," unpublished manuscript.
40. On Sakharov, see Fred Coleman, The Decline and Fall of the Soviet Empire (New York: St. Martin's Press, 1996) 115-17; Smith, The New Russians, 99. On Starovoitova, see Peter Graff, "Deputy's Murder Unites Russia in Mourning and Fear," Reuters (Moscow), 23 November 1998 (Johnson's Russia List #2488, 23 November 1998).
41. On Sakharov, see Fred Coleman, The Decline and Fall of the Soviet Empire (New York: St. Martin's Press, 1996) 115-17; Smith, The New Russians, 99. On Starovoitova, see Peter Graff, "Deputy's Murder Unites Russia in Mourning and Fear," Reuters (Moscow), 23 November 1998 (Johnson's Russia List #2488, 23 November 1998).
42. On Sakharov, see Fred Coleman, The Decline and Fall of the Soviet Empire (New York: St. Martin's Press, 1996) 115-17; Smith, The New Russians, 99. On Starovoitova, see Peter Graff, "Deputy's Murder Unites Russia in Mourning and Fear," Reuters (Moscow), 23 November 1998 (Johnson's Russia List #2488, 23 November 1998).
43. On Sakharov, see Fred Coleman, The Decline and Fall of the Soviet Empire (New York: St. Martin's Press, 1996) 115-17; Smith, The New Russians, 99. On Starovoitova, see Peter Graff, "Deputy's Murder Unites Russia in Mourning and Fear," Reuters (Moscow), 23 November 1998 (Johnson's Russia List #2488, 23 November 1998).
44. Wines, "Surprising Russian Stir"; RFE/RL Newsline, Vol. 2, No. 12, Part I (3 November 1998).
45. On the failure of the Russian Orthodox Church to live up to its responsibilities during the tsarist and Soviet periods, see Barbara Wolfe Jancar, "Religious Dissent in the Soviet Union," in Dissent in the USSR, Rudolf L. Tokes (Baltimore: Johns Hopkins University Press, 1975), 203-04.
46. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
47. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
48. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
49. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
50. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
51. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
52. See Itar-Tass, "Prosecutor: Russian Corruption Has Historical Background," 2 July 1998 (Johnson's Russia List #2252, 8 July 1998); Kathy Lally, "Corruption in Russia Wears Police Uniform," Baltimore Sun, 6 July 1998, 1A (Johnson's Russia List #2252, 8 July 1998); Williams, "The Term of Post-Soviet Russia Is Corruption." On high-level Soviet corruption, see especially Michael Voslensky, Nomenklatura (Garden City. N.Y.: Doubleday, 1984), 188-92. For a good general discussion of corruption in the Soviet Union, sec Smith, The Russians, 81-101.
53. See Andrei A. Zolotov, "Poll Reveals Boost to Religion in Russia," Ecumenical New International, 14 November 1996 (www.umr.org//htboost.htm); Stephen White, Richard Rose, and Ian McAllister, How Russia Votes (Chatham, N.J.: Chatham House, 1997), 54; Harry Eckstein, Frederic J. Fleron, Jr., Erik P. Hoffmann, and William M. Reisinger. Can Democracy Take Root in Post-Soviet Russia? (Lanham, Md.: Rowman & Littlefield, 1998), 81.
54. See Andrei A. Zolotov, "Poll Reveals Boost to Religion in Russia," Ecumenical New International, 14 November 1996 (www.umr.org//htboost.htm); Stephen White, Richard Rose, and Ian McAllister, How Russia Votes (Chatham, N.J.: Chatham House, 1997), 54; Harry Eckstein, Frederic J. Fleron, Jr., Erik P. Hoffmann, and William M. Reisinger. Can Democracy Take Root in Post-Soviet Russia? (Lanham, Md.: Rowman & Littlefield, 1998), 81.
55. See Andrei A. Zolotov, "Poll Reveals Boost to Religion in Russia," Ecumenical New International, 14 November 1996 (www.umr.org//htboost.htm); Stephen White, Richard Rose, and Ian McAllister, How Russia Votes (Chatham, N.J.: Chatham House, 1997), 54; Harry Eckstein, Frederic J. Fleron, Jr., Erik P. Hoffmann, and William M. Reisinger. Can Democracy Take Root in Post-Soviet Russia? (Lanham, Md.: Rowman & Littlefield, 1998), 81.
56. I am indebted to Vitaly and Julia Brukhman for reminding me of the debilitating influence of state control of religion in Russia.
57. Andrei A. Zolotov, "Why Russia Restricts Religions," Christian Science Monitor, 28 October 1997.
58. On the growing professionalism of the Russian court system, see Geoffrey York, "Russian Courts," The Globe and Mail (Canada), 13 July 1998 (Johnson's Russia List #2265, 14 July 1998).
59. On the growing professionalism of the Russian court system, see Geoffrey York, "Russian Courts," The Globe and Mail (Canada), 13 July 1998 (Johnson's Russia List #2265, 14 July 1998).
60. Young, "Russian Studies."
61. I am indebted to George Zorin for bringing this specific argument to my attention in this context. For a discussion of the important role of small business in the restructuring of the Russian economy, see Ronald R. Pope, "What Is to Be Done?" Johnson's Russia List #2295, 3 August 1998; posted on the Center for Civil Society International wcbsitc: www.friends-partners.org/-ccsi.
62. Editorial, "Spotlights on Corruption," Christian Science Monitor, 20 August 1997, 20.