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.     

Making post-Soviet counterpublics: the aesthetics of Limonka and the National-Bolshevik Party

This article focuses on the shaping of the aesthetics and ideology of Eduard Limonov’s National-Bolshevik Party (NBP) through the pages of the radical newspaper Limonka. In order to study the making of the NBP as a political and intellectual community, the piece discusses Limonka’s editorial line, its graphic style, and the alternative cultural canon that this radical publication promoted, as well as several interviews with National-Bolshevik activists involved in this process. During its first years of existence, Limonka proposed a selection of controversial artistic, literary, and political role models, and the creation of an alternative fashion and lifestyle. The article argues that by provocatively combining totalitarian symbols, the aesthetics and posture of the historical avant-gardes, and Western counterculture, Limonka produced a collective narrative that contributed to the shaping of a new language of political protest in post-Soviet Russia. This resulted in a complex combination of stiob, a form of parody that involves an over-identification with its own object, and a neo-romantic impulse. This new discursive mode, which the article defines as “post-Soviet militant stiob,” should be seen as part of a series of tactics of radical resistance to what the National-Bolsheviks saw as the dominant neoliberal discourse of the mid-1990s.     

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.     

无处不在的身影——东正教介入俄罗斯社会政治生活试析

东正教在俄国远不只是一种宗教,而是俄罗斯文化传承的重要载体,在后苏联成为俄联邦重构的重要社会资源、政治力量和精神动力,被视为是标示俄罗斯民族精神的最重要标志。在后苏联到来过程和重建过程中,东正教扮演了极其重要的角色,而且这种角色源于俄国的历史进程。其实,无论是就基督教神学理论还是就俄国史而言,缺少了对东正教因素的考虑,就无法描述俄国社会进程。近20年来,俄国社会进程和东正教紧密相关,因此,当代俄国人能基于东正教信仰,去批判性地面对后苏联社会变革所带来的各种重大问题。除此之外,东正教还积极介入俄罗斯的对外事务,成为影响俄对外关系的一个不可忽视的重要因素。     

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.     

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.     

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.