Soviet deaths in the Great Patriotic War: a note

The authors attempt a synthesis of recent research in the USSR and post-Soviet Russia on Soviet mortality during World War II. They conclude that the official estimate adopted since 1990 of 26 to 27 million deaths is probably accurate, and note that most of the Soviet citizens who died were civilians.     

Justice in Siberia: a case study of a lower criminal court in the city of Krasnoyarsk

Empirical investigation of justice administration udertaken in post-Soviet Russia has been insignificant. Consequently, there is a dearth of knowledge about realities of justice administration ‘on the ground’, at the level of districts or towns. The author's research project, an in depth empirical investigation of the activity of a single criminal court located in the Siberian city of Krasnoyarsk, represents a step toward filling this gap. This paper concludes that the rule of law has made rather limited inroads in the day-to-day operations of criminal courts in the Russian deep provinces. The correspondence between earnestly declared legal principles and the mundane reality of judicial practice is loose and at some junctions non-existent.     

Democracy Promotion and Authoritarian Diffusion: The Foreign Origins of Post-Soviet Election Laws

Flawed electoral legislation in post-Soviet states has facilitated the conduct of undemocratic elections. This article argues that the low quality of electoral legislation in the region results in large part from a process of ‘authoritarian diffusion’, whereby the election laws of the post-Soviet states extensively borrow and adapt from Soviet laws and post-communist Russian laws. The authorities of most post-Soviet states have routinely disregarded recommendations by the Organization for Security and Co-operation in Europe and the Venice Commission to improve electoral legislation. Besides presenting evidence of ‘authoritarian diffusion’ across the post-Soviet area, the article highlights the enduring impact of the Soviet legacy and of Russia's relatively hegemonic position in the region.     

The Soviet and the Post-Soviet: Street Names and National Discourse in Almaty

Abstract

While discussing Kazakhstan's post-Soviet identity, scholars treat ‘Kazakhisation’ as a given, and the substance of the process of developing such an identity is usually ignored. This article gives an insight into this process by analysing the politics of street names in Almaty and its relation to collective memory in post-Soviet Kazakhstan. It is argued that the so-called ‘Kazakhisation’ of the country has been shaped primarily by the Soviet legacy, and it is in no sense pursuing the elimination of the Soviet past, or moving essentially anti-Russian lines. In fact, the post-Soviet discourse of the Kazakh nation is not a rupture but a continuation of Soviet discourses.     

Soviet legacies,organized crime,and economic gangsterism: Russia, 1995–2010

In countries like Russia, where legal institutions providing political accountability and protection of property rights are weak, some elite actors accept the use of violence as a tool in political and economic competition. The intensity of this violent exposure may vary depending on the position the province had had in the Soviet administrative hierarchy. The higher the province's position before 1991, the greater the intensity of business violence one is likely to observe there in post-communist times, because the Soviet collapse left a more gaping power vacuum and lack of working informal rules in regions with limited presence of traditional criminal organizations. Post-Soviet entrepreneurs also often find it worthwhile to run for office or financially back certain candidates in order to secure a privileged status and the ability to interpret the law in their favor. Businessmen-candidates themselves and their financial backers behind the scenes may become exposed to competitive pressures resulting in violence during election years, because their competitors may find it hard to secure their position in power through the existing legal or informal non-violent means. To test whether Soviet legacies and Provincial elections indeed cause spikes in commerce-motivated violence, this project relies on an original dataset of more than 6000 attacks involving business interests in 74 regions of Russia, in 1991–2010. The results show that only legislative elections cause increases in violence while there is no firm evidence that executive polls have a similar effect.     

Corporate Social Responsibility and the Oil Industry in the Russian Arctic: Global Norms and Neo-Paternalism

Examining the oil and gas industry in the Russian Arctic, this article investigates the gap between corporate social responsibility (CSR) as articulated in corporate offices and implemented at the local level. In Russia, global CSR norms interact with weak formal institutions and the strong informal expectations of state officials and local communities that companies bear responsibility for welfare and infrastructure. As a result, the concept of citizens as ‘stakeholders’ is underdeveloped. Instead, local residents remain subjects within a neo-paternalist system of governance that mimics some elements of the Soviet past. Compensation for damages to indigenous peoples has blurred legal obligations and the voluntary nature of CSR. However, the CSR in the region is constantly developing and formal methods of compensation may assist in clarifying the scope and practice of CSR.     

Policing the Party: Conflicts between Local Prosecutors and Party Leaders under Late Stalinism

During the late Stalin era, many of the USSR's local party control officials and prosecutors entered into a protracted conflict over who had the right to judge the conduct of communists; prosecutors charged that party committees were shielding communists from prosecution, while control officials claimed that party organs were deferring to prosecutors and abandoning their traditional oversight role. This article will argue that although some party committees were interfering in the courts, the dominant story of party–procuracy relations under post-war Stalinism involved the disengagement of party organs from the oversight of administrative wrongdoing, with long-lasting consequences for the Soviet regime's attitude toward corruption.     

The Politics of International Law in the Post-Soviet Space: Do Georgia,Ukraine, and Russia ‘Speak’ International Law in International Politics Differently?

Abstract

Since the Soviet Union’s collapse, Ukraine, Georgia and Russia have faced the challenge of taking their positions in the politics of international law as part of their transformation processes. Strong dynamics of conflict have shaped these states’ politico-legal actions and interactions, for example, the Russo–Georgian War, the annexation of Crimea and the armed conflict in East Ukraine. This essay explores whether, how and why Georgia, Ukraine and Russia ‘speak’ international law in international politics differently. It discusses conceptual approaches to empirically analysing the processes of translating political preferences into legal arguments as well as how ‘communicators of international law’ in the post-Soviet region use the language of international law differently.     

Russia's Post-Orange Revolution Strategies to Increase its Influence in Former Soviet Republics: Public Diplomacy po russkii

The role of public diplomacy in Russian foreign policy has grown in recent years. There are two distinctive strands of Russian public diplomacy: one directed mainly towards Western states, and one towards the former Soviet republics. Despite the rhetoric of mutual interests and high respect for state sovereignty, the post-Soviet strand of Russian public diplomacy has more in common with the Soviet practice of ‘active measures’ than with the soft power of attraction commonly connected with public diplomacy. Russia's current policy runs the risk of eating away the soft power potential that Russia still enjoys in many post-Soviet states.     

Russian hegemonies: historical snapshots, regional security and changing forms of Russia's role in the post-Soviet region

The broad purpose of this study is to exemplify changing forms of hierarchical rule manifested in post-Soviet Russia's varying provision of regional security related to military conflicts. Russia's regional role varies in form and in thickness. Although the endurance of Soviet legacy can be observed in four major areas (stabilising borders, economic interest, unification of fellow Slavs and fluctuating alliances), there is enough variance to suggest that over-deterministic theories about Russian regional foreign policy do not account for conjunctural factors that can contribute to change. Instead, we can view the Soviet and post-Soviet regional dynamic as one that is on a fluid anarchy–hierarchy spectrum.     

Between Neoliberalism and Difference: Multiple Practices of Property in Post-Soviet Russia

Two decades of aggressive neoliberalisation in Russia has failed to produce a uniform system of private property and profit-maximising enterprises. Instead, the complex interactions of multiple ‘practices of property’ that are pre-Soviet, Soviet and post-Soviet in origin, and not private property alone, have created a diverse economic landscape. Moreover, multiple practices of property have produced both capitalist economies (such as Moscow's early capitalist enterprises) and non-capitalist, ethically guided economies (such as the indigenous enterprises of Arctic reindeer herders). The persistence of alternative economic logics in Russia illustrates the limits of the role of private property in shaping the post-Soviet economy.     

THE CITIZEN AND THE ADMINISTRATION IN FRANCE — THE CONSEIL DETAT VERSUS OMBUDSMAN DEBATE REVISITED

The purpose of this article is to reappraise, in the light of recent French experience with the 'Ombudsman', the prevailing orthodoxy, shared by élite opinion in both France and Britain in the 1960s' that the Ombudsman and a system of administrative courts applying 'droit administratif' (a body of autonomous rules separate from private law), were mutually exclusive modes of securing redress for citizens aggrieved by administrative action. The thesis is advanced that in the contemporary welfare state, irrespective of particular political, administrative and legal traditions, a system of administrative law and an Ombudsman are complementary not competitive institutions.     

Authoritarian legality and informal practices: Judges, lawyers and the state in Russia and China

To participate in the global economy authoritarian states are pressed to offer international business a legal order that protects the interests of investors, customers, and sellers, but the creation of a modern legal order threatens to undermine the leaders’ control of public life. An increasingly common way to resolve this dilemma, I argue, is developing formal legal institutions that appear to meet world standards, while using informal practices to maintain control over the administration of justice when needed. In this paper I show how the governments of post-Soviet Russia (with its hybrid or competitive authoritarian regime) and the fully authoritarian People’s Republic of China as well, have used this approach in their relations with judges and defense lawyers in their respective countries. The analysis underscores the utility of investigating informal practices along with the reform of formal legal institutions, especially in the context of transition.     

Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics

This paper conceptualizes the behavior of higher courts in the politics of former Soviet republics and attempts to set up a framework for the study of democratic contributions by post-Soviet constitutional courts. Although political expediency is noted to be the central driving force behind the judges’ decisions in politically sensitive cases, as courts are subject to different constraints from quasi-autocratic executives, it is argued that constitutional review tribunals are generally pro-democratic in their political orientation and that they can become the allies of pro-democratic parties in transitional periods of elite change. To support this proposition, this paper proceeds from a series of theoretical arguments to empirical observation of judicial behavior in times of political uncertainty, the latter being a perfect test for probing the political orientation of the courts.     

‘Letting the Beasts Out of the Cage’: Parole in the Post-Stalin Gulag, 1953–1973

After a lapse of 15 years under Stalin, parole was reintroduced into the Soviet Gulag in 1954. For justice officials anxious to expunge Stalin's repressive legacy, the resurrection of parole signalled a return to correctionalism, societal oversight over the Gulag, and a vastly reduced rate of incarceration. In practice, though, parole exposed significant continuities with the Stalinist Gulag, including endemic corruption, overwhelming concern with production, suspicion of outside interference in penal affairs, and constant upward pressure on the inmate population. In the broader view, the experience of parole in the post-war USSR aligned closely with that of the Western world.     

Corruption networks as a sphere of investment activities in modern Russia

This paper studies a new phenomenon, the ‘top to bottom’ corruption networks of organized crime, law enforcement and Government officials in Russia. We examine the Soviet roots of corruption and its transformation during transitional period. By focusing on contemporary Russian corruption networks this paper explores the complex of state-run oligarchic structure with established rates, well organized inter-institutional groups incorporated by common ideas of extracting profits. The danger is in the existence of extensive and stable corruption networks, which not only profit by their illegal activities between Organized Crime groups and Law Enforcements, but invest in further corrupt developments to control the government. We argue that corruption in Russia, for a long time, has been imbedded in the system of social relations and, by the majority of citizens, was not considered to be a crime. Presenting arguments against existing simplified understanding of corruption, this study elucidates corruption networks as an expansion of Organized Crime in all spheres of post-totalitarian Russia. It also shows that a magic circle of corruption closely intertwines with the inefficiency of power and the inefficiency of rule of law.     

The national factor in Ukraine's quadruple transition

Studies of post-communist transition in central and eastern Europe initially focused on democratization and marketization as the key pillars of transition, drawing parallels with the experiences of southern Europe and Latin America in their emergence from authoritarianism. Whilst some authors have also added a third factor-that of 'stateness', this article argues that post-Soviet transition, in particular, is not a triple transition, but a quadruple one, because nationhood and nationalism should also be added. This article discusses the centrality of nationhood to liberal democracy and then applies this to post-Soviet Ukraine, by investigating its inherited Soviet legacy and the quadruple transition it is undertaking as an independent state.     

Defining Corruption Where the State is Weak: The Case of Papua New Guinea

Corruption is often defined as the abuse of public office for private gain. This article suggests that this is inadequate for understanding corruption in weak states and presents two broader definitions of the concept. It discusses findings from qualitative and quantitative research conducted in Papua New Guinea in light of these definitions. Respondents – particularly the poor and marginalised – saw corruption as tied to the actions of public officials as well as non-state actors. It is argued that applying broader definitions of corruption could help researchers and policy makers better understand citizens’ concerns about corruption, particularly where the state is weak.     

Russia–Kazakhstan Relations in the Early Post-Soviet Era: Explaining the Roots of Cooperation

Abstract

After the collapse of the Soviet Union, Kazakhstan was faced with domestic conditions that made cooperation with Russia rational. Kazakhstan inherited a large ethnic Russian population and a severe economic depression. These conditions affected other countries emerging from the Soviet Union, but only Belarus matched Kazakhstan’s level of strategic cooperation with Russia. President Nursultan Nazarbaev’s dominance of Kazakhstan’s national security agenda offers a partial explanation for the cooperation, but we still need to ask what makes him different from the leaders of other post-Soviet countries that faced the same conditions. Kazakhstan’s pattern of historical development provides the key to understanding the cooperation. The timing of the country’s contact and experiences with the Russian-led empires led to a ‘dominant ally’ image of Russia that continues to decide the two countries’ relationship to the present day.     

Privileged Exclusion in Post-Soviet Kazakhstan: Ethnic Return Migration,Citizenship, and the Politics of (Not) Belonging

This article explores issues of citizenship and belonging associated with post-Soviet Kazakhstan’s repatriation programme. Beginning in 1991, Kazakhstan financed the resettlement of over 944,000 diasporic Kazakhs from nearly a dozen countries, including Mongolia, and encouraged repatriates to become naturalised citizens. Using the concept of ‘privileged exclusion’, this article argues that repatriated Kazakhs from Mongolia belong due to their knowledge of Kazakh language and traditions yet, at the same time, do not belong due to their lack of linguistic fluency in Russian, the absence of a shared Soviet experience, and limited comfort with the ‘cosmopolitan’ lifestyle that characterises the new elite in this post-Soviet context.