Preventing Corruption Risk in Legislation: Evidence from Russia,Moldova, and Kazakhstan

ABSTRACT

Corruption risk assessment of draft laws and other normative acts is a relatively new instrument in the anti-corruption strategies implemented by developed nations, countries in transition, and the developing world. In connection with this, any practical experience accumulated in this area presents obvious interest. The analysis of such experience may allow to identify what works and what does not work in introducing the practices of anti-corruption screening of draft laws and other normative acts in various environments and settings, as well as contribute to dissemination of best practices in the countries of the region and elsewhere.

This article seeks to analyze and demonstrate the extent of practical implementation of corruption risk assessment of draft and enacted legislation in three post-communist countries, the problems encountered and solutions identified. Proceeding from this analysis, certain recommendations for practitioners in this field are formulated.     

The mioritic nation – an alternative approach to Moldovan national identity

Moldova has been widely argued to be a failed nation-building project, with two national identity discourses coexisting within Moldovan society and amongst Moldovan elites: Romanianism and Moldovanism. Challenging the dominance of these discourses in the literature, this article argues that in spite of its absence from the nationalism debate in Moldova, the ballad Miori?a is a key element for the Moldovan articulation of national identity. The analysis employs a discursive approach focused on language as a constituting phenomenon and draws from Miori?a's appeal to the grass roots level, its banality in day-to-day life, and, more importantly, its promotion by Moldovan cultural elites. This latter part focuses specifically on the writings of novelist Ion Dru??. Dru?? places Miori?a at the very center of his construction of Moldovan national identity. He highlights its links with Moldovan history, culture, religious thinking, and geographical space, both reproducing a structure similar to the two national identity discourses, Romanianism and Moldovanism, and building on their similarities. But more importantly, Dru??'s representation of national identity sheds light on the possibility of an all-encompassing Moldovan identity, overcoming the existing cleavage, and a series of mechanisms that can be employed to achieve this.     

Intervention and Subversion: The EU Border Assistance Mission to Moldova and Ukraine

By way of an inquiry into the European Union's border assistance mission to Moldova and Ukraine (EUBAM), this paper articulates two moves. Firstly, deploying intervention to study the relations of the European Union with its self-designated neighbours is heuristically relevant because such a move draws attention to the deployment of a patronizing rationale towards ‘intervened populations’. This is captured in the paper by the notion of tutelage. Secondly, analyses in terms of intervention remain unsatisfying in how they account for the linkage between the planning and ‘programming’ of intervention and its effects. While they work with the idea that intervention like any other practice of rule is a perpetually failing activity, they have yet to articulate this observation analytically. This paper advances the discussion by arguing that the notion of subversion may provide such an articulation.     

Structural factors vs. regime change: Moldova's difficult quest for democracy

This article examines the state of and perspectives on democracy in the Republic of Moldova. The fall of its communist authoritarian regime in 2009 – sometimes compared to a colour revolution – went against the trend toward heavy authoritarianism now visible in the Commonwealth of Independent States. However, the regime change in Moldova does not necessarily imply a process of genuine democratic consolidation. This article argues that the future course of the Moldovan polity will be decided by structural domestic and geopolitical factors different from those that produced the regime change. Most of these structural factors do not favour democratization. Moldova's only chance to secure a genuinely democratic trajectory may therefore be dependent on its relationship with the European Union (EU). The article argues that nothing short of a process of accession to the EU can modify factors that are likely to prevent democratic consolidation. In its absence, the article contends that Moldova will either develop a Ukrainian-style hybrid regime or return to its authoritarian past.     

Migration and geopolitical preferences

This paper investigates the impact of work experience abroad on migrants’ geopolitical preferences. For this purpose, I analyze representative survey data from Moldova, a country caught in an ideological battle between Russia and the West, with high emigration rates to both destinations. In a first step, I show that return migrants from the West are significantly more likely to support European Union (EU) accession than non-migrants, while return migrants from the East are more likely to support closer ties with Russia, controlling for economic, demographic, and ethnic confounding factors. In a second step, I use district-level variation in migrant networks as an instrument for individual migration. Second-stage regressions show that work experience in the West increases support for EU accession, while no evidence of causal effects is found for work experience in the East. Differences in information exposure and migration policies between the EU and Russia may explain this asymmetry.     

The extra-territorial paradox of voting: the duty to vote in extra-territorial elections

The question of why individuals vote, the so-called “paradox of voting”, has been a crucial debate within political science, conceived deductively as an interaction between costs, benefits, and, as some argue, duties. This article situates the question of why individuals vote within the context of extra-territorial elections, focusing on how and why those who acquire citizenship kin-states participate in kin-state elections following citizenship acquisition, while continuing to reside outside of the kin-state. The article uses the case of newly acquired Romanian citizens in Moldova, who have never resided in nor intend to reside in Romania, to unpack whether, how, and why individuals acquiring Romanian citizenship in Moldova vote in Romanian elections. The article uses an interpretive and inductive approach to explore from the bottom up both the experiences of and motivations for political participation of extra-territorial citizens. The article finds, unexpectedly, how those acquiring Romanian citizenship in Moldova are motivated by a duty to participate. Overall, the article argues for a relational and reciprocal understanding of citizenship and voting, which focuses on the relationship between the kin-state, facilitating citizenship as a right, and the kin-citizen, performing their duty to vote.     

Is Democracy Promotion Effective in Moldova? The Impact of European Institutions on Development of Civil and Political Rights in Moldova

The main focus of this study is an analysis of the impact on civil and political rights of democracy promotion strategies applied by the European Union, the Council of Europe, and the Organization for Security and Cooperation in Europe in Moldova in the 1990s to early the 2000s. Nowadays, democracy promotion is at the top of the agenda of policy-makers around the globe. The results of these democracy-promotion activities are quite mixed: some of them seem to work in certain cases, others to have no effect whatsoever. There is also a lack of consensus regarding the effectiveness of various democracy-promotion strategies in the scholarly literature. This study aims to contribute to the existing literature by expanding the analysis to a new case (Moldova), focusing on one sector (civil and political rights), and comparing the effects of the two types of democracy promotion strategies (incentive-based and socialization-based). The study argues that domestic actors in Moldova tended to respond more to incentive-based democracy-promotion strategies than to socialization-based ones, and it also shows through qualitative analysis and process-tracing of the data that the absence of membership conditionality does not necessarily presuppose the failure of incentive-based methods.     

Privatization and elite defection in de facto states: The case of Transnistria, 1991–2012

What factors determine the timing of elite defection in conditions of post-Soviet personalistic presidentialism? How do relations with a powerful patron state affect this process? This article analyzes these questions on the basis of a case study of Transnistria, a de facto state with strong links to Russia. It argues that privatization processes involving actors from the patron state provide a unique opening for elite defection by heightening tensions between the rent-seeking interests of the personalistic president and those of new owners; direct or indirect signals from the patron state may also affect elite's perceptions of incumbent durability and their corresponding decisions.     

The economy,corruption, and the vote: Evidence from experiments in Sweden and Moldova

How does corruption affect voting behavior when economic conditions are poor? Using a novel experimental design and two original survey experiments, we offer four important conclusions. First, in a low corruption country (Sweden), voters react negatively to corruption regardless of the state of the economy. Second, in a high corruption country (Moldova), voters react negatively to corruption only when the state of the economy is also poor; when economic conditions are good, corruption is less important. Third, respondents in Sweden react more strongly to corruption stimuli than respondents in Moldova. Finally, in the low corruption country, sociotropic corruption voting (or voting based on corruption among political leaders) is relatively more important, whereas in our high corruption country, pocketbook corruption voting (or voting based on one's own personal experience with corruption, i.e., being asked to pay bribes) is equally prevalent. Our findings are consistent with multiple stable corruption equilibria, as well as with a world where voters are more responsive to corruption signals more common in their environment.     

The European Union and Upheavals in its Neighborhood: A Force for Stability?

This article explores the EU’s action in the context of revolutionary upheavals in its neighborhood, focusing on two cases where the EU’s overall influence is relatively strong: Moldova in 2009 and Tunisia in 2010–2011. It analyzes the intertwining of the normative and strategic agendas by examining the goals, instruments and impact of EU action in each case. The findings highlight a limited and reactive role of the EU, a strong emphasis on stability and a shift towards a more normative engagement in response to external changes that made it easier to merge security- and value-oriented goals.