Russian Politics Tabish Shah Word Count: 3468 How Federal is Putin’s Russian Federation? In a Federal system of government, power over the same people and geographical area is shared between two or more governments consisting of an overarching national central government and a series of regional governments. In theory, both national and regional governments are equally bound by the country’s constitution, and the point of this resultant sharing of power is effectively to facilitate dialogue between regional and central centers of power to ensure that views from all areas of a country are heard. In turn, this dialogue ensures that all individuals within a country are accurately represented through its political channels, and essentially, acts as a regulator of policy by allowing views and debate that either challenge or agree with the viability and worthiness of a respective government’s policies. Ultimately, federalism is a system that aims to ensure the preservation of democracy through measures that seek to include all members of society in the decision-making processes of their respective countries. In practice however this is not always the case, and thus I am brought to the subject of this paper: Federalism under Vladimir Putin. Based on our brief explanation of the main principles that federalism relies upon, the extent to which it is being practiced in today’s Russia is largely questionable. Academics, analysts, and the international community have all recognised Putin’s increasing re-centralisation of the federal system in Russia, and have duly voiced concern over whether the extent of this re-centralisation is bordering on the undemocratic. Therefore, this paper will focus on discussing whether or not these concerns are justified, and will essentially question the motives behind Putin’s federal reforms, as well as analyse events in which re-centralisation has been the outcome. This will allow us to evaluate whether Putin’s Russia is operating what is Russian Politics Tabish Shah Word Count: 3468 essentially a form of ‘redundant federalism’, in which the system’s purpose of creating a political environment conducive to transparency and cooperation between center and periphery governments is being undermined by central policies converse to this. Although the majority of this paper will focus on events spanning Putin’s Presidency, it will also initially involve providing a context for Putin’s reforms through a brief consideration of the federal system in the 1990s and its apparent spiraling out of control under El’tsin. Ultimately, we will determine whether Russia is facing regression towards a dictatorial system of political monopoly under Putin, or effectively, if Putin’s approach should instead be interpreted as a genuine desire to sustain a Russian Federation that necessitates substantial central control. Therefore, first let us establish the context from which Putin’s reforms of the federal system arose. The type of federalism that emerged after the Soviet Union’s collapse essentially constituted an unbalanced system in which regional governments were given vast amounts of autonomy in return for their support and unity towards El’tsin’s national government. El’tsin established this system following a grab for presidential power in which he used the promise of ‘as much sovereignty as you can swallow’1 to gain the support of regional elites as well as diffuse the threat of ethnic separatist movements such as those occurring in Chechnya and Tatarstan. The effect of this meant El’tsin’s Russia was forced into conceding executive power through a series of power-sharing treaties and agreements with 45 of its regions2. Subsequently, regional leaders took the opportunity to 1 El’tsin qtd in: Kempton.D ‘The Republic of Sakha (Yakutia): The Evolution of Centre-Periphery Relations in the Russian Federation’ Europe-Asia Studies, Vol. 48, No. 4. (Jun., 1996), p.589 2 Hahn.G, ‘Reforming the Federation’ in White.S, Gitelmen.Z, Sakwa.R (eds) Developments in Russian Politics 6 (New York, 2005) p.154 Russian Politics Tabish Shah Word Count: 3468 abuse these power-sharing agreements by implementing laws that violated the Russian constitution and federal law whilst benefiting themselves, and even involved themselves in areas such as foreign policy and national security that are reserved only for the federal government in a federal system. In an attempt to contain the power of regional leaders, El’tsin created administrative bodies in the form of presidential representatives and regional governors, however the latter were chosen through election and were responsible for appointing important federal officials in territories under their jurisdiction. This allowed regional governors a significant amount of power and leverage over the federal government, since they were in control of officials responsible for the correct implementation of federal tax laws, customs and judiciary affairs amongst other important areas. Thus since federal officials were controlled by regional governors rather than the presidential representatives, the latter effectively had no real authority over the federal officials and could not successfully oversee federal policy implementation. This inevitably resulted in corruption within the system, and resulted in instances such as Bashkortostan’s illegal dam-building project that took place in 1998 and explicitly contravened Russian law on environmental and safety grounds3, as well as Bashkotostan’s prosecutor admitting that 50% of arrests were illegal under federal law4. Effectively, instead of presidential representatives exercising their powers of control over regions, they became controlled and essentially represented the interests of respective regional governors. The problem worsened in several regions as El’tsin allowed a number of regional governors to appoint their own presidential representatives as well as federal 3 Under Russian Law, in order to begin such a construction, the project should receive a positive assessment from the State Ecological Expertise at the federal level. Kiritchok, E. ‘Illegal Construction of a Dam in the Republic of Bashkortostan (Russia)’ The World Commission on Dams (1999) http://www.dams.org/kbase/submissions/showsub.php?rec=OPT135 [accessed 21/03/2007] Russian Politics Tabish Shah Word Count: 3468 officials, and situations occurred such as that in Stavropol’ Krai in 1994 whereby the presidential representative in the region also held the post of regional governor5. Practical issues such as the reliance of presidential officials on regional governments to provide resources such as housing and transport also served as another weapon in the armory of regional officials in co-opting representatives’ loyalty. Ultimately, the federal system that Putin inherited had been exploited throughout the 1990s to the point that it could no longer provide basic law and order, political and civil rights, or a stable economy to the people of Russia. On assuming presidency in 2000, Putin made clear his objective to restore order to Russia’s federal system, and introduced a series of presidential decrees to this end. Putin explained that the only way to achieve balance and control out of the chaos of the 1990s was to enforce a ‘dictatorship of law’ in which all members of the Russian population would be subject to the same set of laws and legislation6. This was to be implemented via a restoration of uniformity and adherence to the constitution through what Putin called the ‘power vertical’. This essentially meant transferring regional power back to the center in a top-down chain of command style federation as opposed to the failed horizontal structure that had harbored extreme imbalances of power between federal and regional governments as opposed to the sharing it had aimed to encourage. Putin created seven new federal super-districts that matched Russia’s military districts and also made sure to include a mix of ethnicities in each. This seemingly had the overarching aim of restoring 4 Ross.C, ‘Putin’s Federal reforms and the consolidation of federalism in Russia: one step forward, two steps back!’ Communist and Post-Communist Studies, vol 36, no.1, (2003), p.44 5 Ibid p.33 Russian Politics Tabish Shah Word Count: 3468 order since the latter measure aimed at neutralising ethnic separatist movements by breaking them up, and the former was a move to ensure that presidential representatives were not controlled by regional governors since they now had access to military power. Putin also granted new presidential powers to dismiss regional governors and dissolve regional assemblies, and in theory this meant that governors would have to tow the federal line in order to stay in power. Other important changes occurred via reform of the Federation Council, regional governors and chairs of assemblies were no longer automatically allowed to sit in the upper chamber of the parliament7. Along with this, if regional governors were not chosen to sit in the upper chamber, they would lose their immunity from criminal prosecution. Thus, this gave Putin the option to use the threat of criminal charges against regional governors as a reminder to cow to central authority. We must not forgot to mention Putin’s implementation of the State Council, which although has no legislative functions, is chaired by the President and thus provides regional executives access to the President in a policy-debating capacity. This theoretically allows for at least some degree of input from regions into policy formation, and is essentially federalist in principle. At this point, it is also important to note that Putin’s approach to federal reform shared much with many other ideas present in Russian politics prior to his Presidency. For example, by 1999 former prime minister Yevgenii Primakov had said that “restoration of the vertical state power”8 was necessary to ensure that separatist movements caused by the weakness of the system were “quelled, liquidated, and 6 Putin.V, ‘Television address by the Russian President to the Country’s citizens’ Rossiiskaya Gazetta,19 May 2000, translated in Current Digest of the Post-Soviet Press, Vol 52, No.20, p.5 7 Sakwa, Richard, Russian politics and society (London 2002) p.134-135 8 Corwin.J, ‘Primakov calls for national unity’ RFE/RL Newsline, Vol 3, No. 11,(18 January 1999) part I Russian Politics Tabish Shah Word Count: 3468 uprooted”9 to avoid a complete break up of the Federation. Thus, it wasn’t solely Putin that advocated strengthening central power and the effective adoption of a somewhat unique, ‘Russian’ form of federalism. This lends support to the idea that Putin’s federalism is not as dictatorial as perceived, but is simply a more centralised version of federalism tailored to the needs of Russia. As Putin himself explains in his book First Person “Russia was created as a super centralised state. That’s…laid down in its genetic code”10, and effectively, makes clear his belief this centralisation is fundamental to Russian democracy. Therefore, since Putin’s reforms largely addressed the restoration of authority in a system grossly lacking it, is it thus possible to interpret Putin’s “dictatorship of the law” as simply a well-intentioned attempt to re-orientate Russia away from its 1990s trajectory of economic, social, and political disarray? In theory, the answer to this is yes, however such an analysis relies upon a one-dimensional approach that looks solely at Putin’s reforms on paper. Certainly, if we instead also consider the current political climate in Russia today alongside the practical implementation of reforms, we see that evidently our previous answer is simply incorrect. An important event that illustrates Putin’s manipulation of these new presidential powers is the Yukos affair that occurred in October 2003. Yukos, previously Russia’s most successful oil company, and fourth largest in the world, was shut down and auctioned off by President Putin, with Yukos CEO Mikhail Khodorkovsky subsequently facing arrest 9 Ibid Sakwa, Richard, Russian politics and society (London 2002) p.182-183 10 Russian Politics Tabish Shah Word Count: 3468 on charges of fraud and tax evasion. With just these details, this case would seem like a routine attempt at upholding the law. As Stiglitz comments “regardless of politics, enforcing tax laws is essential…Any government, particularly one that has been starving of resource income, needs to enforce the tax law… you can’t let your wealthiest party abscond with billions of dollars without paying taxes”11. However, there are several aspects that create complexities here. Firstly, the early 1990s was a period of extreme corruption, and the illegal privatization of firms and companies was prevalent, and subsequently tax evasion and fraud occurred. Many of Russia’s present-day oligarchs rose to financial supremacy through this murky privatization process in the early postSoviet era, and thus could and should, according to the Khodorkovsky case, face the same fate as the former Yukos CEO. However instead, they freely enjoy the spoils of post-Soviet corruption whilst Khodorkovsky languishes behind bars. Why is this? A number of factors support the explanation that it was a selective implementation of the law by Putin to justify hyper-centralisation of business that would work to consolidate political power by extracting loyalty from those in Russian society that have the resources to challenge it, namely the oligarchs. For example, Khodorkovsky was involved in funding political parties and institutions that were not pro-Kremlin, and this involvement in politics was thus seen as an unwanted interference in political affairs. Effectively, the development of an “independent political actor…a political personality outside of the establishment was unacceptable to the Kremlin”12. Alongside this, Yukos pursued energy policies that were independent of central policy, as Khodorkovsky 11 Stiglitz qtd in Schor.D, ‘The Yukos Affair: Rectifying the Past or polluting the Future?’ The Birch: Journal of Eastern European and Eurasian Culture (2005) http://www.thebirchonline.org/schor.htm [accessed 21/03/2007] Russian Politics Tabish Shah Word Count: 3468 conducted talks with China regarding the construction of export pipelines that would challenge the monopoly of state pipeline Transneft, as well as possible mergers with Western companies. Energy is an area that Putin and his government want to keep as centralised as possible13, and thus, Khodorkovsky effectively served as an example of what could befall others that meddled in affairs that opposed Putin’s government. In the words of Putin, such attacks were officially reasoned as the result of not “ following strict rules and tax discipline”14. Ultimately, the subtext to this however is much more sinister, since the “political initiatives of any man with billions at his disposal scare the Kremlin automatically”15. Putin essentially set a precedent with Khodorkovsky, sending a clear message that the illegal wealth acquired by oligarchs would be ignored, but only in exchange for unchallenged political power, and this points neither towards a federal nor democratic state of affairs. Another example of Putin’s use of 1990s chaos as a justification for measures that consolidate personal power is the extension of his reforms in 2004 to removing the electoral system of appointing regional heads and replacing it with nominees chosen by the President. The implications of this are quite clear, since as long as the President has control over regional executive positions, regional loyalty to Putin is virtually guaranteed. Incidentally, if regional governments fail twice to confirm the president's nominee as executive, the president has the right to disband the legislature and appoint an acting 12 Kolt.G, ‘Analysing the Yukos affair’, US-Russia Business Council (2003) http://www.usrbc.org/events/2003%20events/Kolt_11-18-03.pdf [accessed 20/03/2007] 13 Ibid 14 Buckley.N, ’Putin finds room for loyal oligarchs’ Financial Times, (February 7 2007) http://www.ft.com/cms/s/dedfac86-b6d9-11db-8bc2-0000779e2340.html [accessed 20/03/2007) 15 Timofeeva.I, ‘An interview with Liliya Shevtsova’, Novaya Gazeta (23 November 2003) Carnegie Moscow Center http://www.carnegie.ru/en/pubs/media/69013.htm [accessed 21/03/2007] Russian Politics Tabish Shah Word Count: 3468 regional head to serve until a new legislature is elected16. Furthermore, “the president would also have the right to dismiss any regional head for failure to fulfill his duties or if he ‘loses the president's confidence’"17. The vagueness and potential subjectivity of such a statement is certainly a cause for concern in a State operating a system of federalism and democracy, and can perhaps be considered in outright opposition to it. Effectively, the statement stifles any form of transparent dialogue in regional-center politics. Putin’s subsequent abuse of this extension of presidential power is quite evident if we consider the case of Alexander Veshnyakov, the Russian Central Electoral Committee (TsIK) chairman since 1995. President Putin was expected to appoint Veshnyakov for another term as chairman of the Electoral Committee, however this did not occur. Although staunchly pro-Kremlin, Veshnyakov had recently publicly criticised some United Russia (Pro-Kremlin Party) members and had contested several new amendments to election legislation that were initiated by United Russia18. Another issue was perhaps the recent results of the elections in the Stavropol region, where United Russia gained only 23.9% of the vote and lost to A Just Russia, which won 37.6%. According to Kommersant sources in United Russia and the TsIK, “United Russia had been counting on an informal agreement that both parties would get approximately the same number of votes. But when the party demanded a recount in several precincts… the TsIK refused to get involved”19. This essentially signaled that the TsIK chairman was not sufficiently under Kremlin control, and essentially looks as if it was the nail in the coffin for Veshnyakov. Putin’s search for politicians willing to give complete obedience to the Kremlin is reinforced if 16 Coalson.R, ‘Analysis: How Will Russian Governors Be Appointed?’ RFE/RL, (November 1, 2004) Ibid 18 Nagornykh.I, ‘Alexander Veshnyakov Dropped from Elections Commission’ Kommersant (14 March 2007) http://www.kommersant.com/p749632/r_527/Veshnyakov_step_down/ [accessed 20/03/2007] 17 Russian Politics Tabish Shah Word Count: 3468 we consider regional appointments such as Kamil Iskhakov, Putin's envoy in the Far Eastern Federal District appointed in 200520. Iskhakov had never worked anywhere other than Kazan, and this appointment illustrates that Putin is willing to move those loyal to him even if this means conceding regional experience to that of appointing individuals guaranteed to maintain the presidential line, regardless of how undemocratic and nonfederal it may be. . Another important aspect to consider when assessing the federal nature of Putin’s Russia is the suffocating nature of State control over the Russian media. In his first presidential term, Putin's enforcers of federal policy, the polpredy, were also given powers to appoint heads of regional branches of the All Union Television and Radio Company21. This effectively meant that the Russian media was now subject to control by both federal government via the polprody and the regions via regional governors. This amount of centralisation of the media is hardly conducive to democratic, open debate. Evidence that substantiates this can be found in the startling fact that under Putin, 13 contract-style murders of journalists in Russia occurred since his arrival in 2000. A report by the Committee to Protect Journalists (CPJ) highlighted Russia as having one of the worst environments for journalist safety and the report also commented on the Russian authorities ignoring of work-related motives in journalist deaths. In at least four cases since 2000, CPJ found, “Russian authorities classified journalist slayings as “street 19 Ibid Corwin.J, Peuch.J.C ‘Russia: Putin Appoints Regional Figures As Trusted Envoys’ RFE/RL (November 15, 2005) 21 Ross.C, ‘Putin’s Federal reforms and the consolidation of federalism in Russia: one step forward, two steps back!’ Communist and Post-Communist Studies, vol 36, no.1, (2003) p.37 20 Russian Politics Tabish Shah Word Count: 3468 crimes” despite compelling work-related evidence.”22 In the case of Eduard Markevich, who published a newspaper in the Ural Mountains region, a family friend Maria Istomina shared with CPJ that “Prosecutors deliberately ignored journalism as a motive because Eduard Markevich actively criticized local officials”23. All 13 murders during Putin’s term have involved journalists working on controversial or sensitive issues ranging from human rights abuses by Russian’s in Chechnya to corruption amongst local officials24. The most recent and high profile of these cases, that of the murdered journalist Anna Politkovskaya in October 2006, who was a vocal critic of Putin’s policy towards Chechnya and Putin-supported Chechen prime minister Ramzan Kadyrov, has been widely recognised as a political murder. In her last interview, with RFE/RL on October 5, Politkovskaya said her latest report implicated Kadyrov's militia: "Right now I have two photographs on my desk. I am conducting an investigation about torture today in Kadyrov's prisons. These are people who were abducted by Kadyrovsty for completely inexplicable reasons and who died. These are bodies absolutely disfigured by torture"25. Further to this, President Putin issued a decree on 14th March 2007 announcing the formation of a government body to regulate web-based media content, and the same body would also issue licenses and check information. This could be interpreted as a measure to ensure success in the 2008 Russian presidential elections for those currently in power, and is a sentiment shared by many within the press such as Andrei Vasilyev, editor of the daily Kommersant, and Raf Shakirov. The latter deemed the move “an attempt to put 22 Hansen.M, ‘Deadly News’, Committee to Protect Journalists, (September 2006) http://www.cpj.org/Briefings/2006/deadly_news/deadly_news.html [accessed 21/03/2007] 23 Ibid 24 Bigg.C, ‘Russia: Two Journalists Die In Contract Killings A Year’, RFE/RL (October 2006) 25 Bigg.C, ‘Russia: Politkovskaya Investigating Chechen Torture At Time Of Death’, RFE/RL (October 2006) Russian Politics Tabish Shah Word Count: 3468 everything [all media] under control”26 even the relatively free web. Ultimately, the increasing centralisation of the media and press bears no relevance to implementing federalism, and in fact stands in direct opposition to it by inhibiting communication and debate that such a system was founded to encourage. When discussing Russian federalism under Putin, some may argue that the degree of federalism is underestimated due to examples of regions such as the Republic of Tartarstan enjoying significant amounts of autonomy. The bilateral treaty signed in 1994 "On Delimitation of Jurisdictional Subjects and Mutual Delegation of Powers between the State Bodies of the Russian Federation and the State Bodies of the Republic of Tatarstan" between the Republic of Tatarstan and Russia, gave Tatarstan a status equal to that of Russia’s. Today under Putin, Tatarstan still enjoys a significant amount of economic autonomy, and Article III of the treaty states that: “The State Bodies of the Russian Federation and the State Bodies of the Republic of Tatarstan jointly are authorised to: co-ordinate international and foreign economic relationship”27. This essentially involves Tartarstan in areas of policy usually reserved for federal government only. Thus, one might play down the dictatorial aspect of Putin’s presidency on considering this. However, again, there is an overriding element of political pragmatism in Putin’s policy towards Tatartstan. Mintimer Shaimiev, the Republic of Tatarstan’s president, is a loyal supporter of Putin, and hails from the United Russia party that is ProKremlin. With this support, Putin effectively has control over one of the most developed 26 Reuters ‘Putin decrees creation of a media and Internet regulator’ International Herald Tribune (15 March 2007) http://www.iht.com/articles/2007/03/15/business/russmedia.php [accessed 21/03/2007] 27 Treaty Between the Russian Federation and the Republic of Tatarstan, ‘On Delimitation of Jurisdictional Subjects and Mutual Delegation of Powers between the State Bodies of the Russian Federation and the Russian Politics Tabish Shah Word Count: 3468 Republics in Russia with substantial oil and gas reserves, and also gains legitimacy for his federal policies by being successfully associated with as popular a politician as Shaimiev28. In return Shaimiev maintains power and a degree of autonomy for the Tatar Republic. Thus, essentially, Putin knows he can rely upon Shaimiev for support, and rather than a relationship based genuinely on federal principles, is it clear that political pragmatism guides Putin in his apparent quest to centralise the Russian Federation without however openly implementing a single party unitary dictatorial system of government. Thus, the Russian Federation under Vladimir Putin is essentially federal on paper, but quite the opposite in practice. It is clear that Putin has essentially used the early years of post-Soviet chaos to justify measures that go beyond necessary reform. His extension of central control to nominating regional heads, combined with his use of law to threaten those with backgrounds of corruption into political compliance, and his domination of the media in Russia all bring him dangerously close to edge of dictatorial territory. In fact, he is currently tip-toeing along its precipice. It is quite clear that even if Russia is more inclined to centralised forms of power, Putin’s interpretation of this has transformed a justifiable system of centralisation into an unacceptable form of political monopoly. If one could afford more words to this subject, the issue of the rise of the Siloviki is something substantial one could look at. Arguably, at the heart of this deterioration of democracy under Putin lies the rise of these ex-KGB officials and their connections that State Bodies of the Republic of Tatarstan’ Article III, http://www.tatar.ru/english/append20.html [accessed 20/03/2007] Russian Politics Tabish Shah Word Count: 3468 are inclined towards to using coercion to facilitate a political monopoly. It is these characteristics that form the fundamental basis of government under Putin, and ultimately, are taking Russia back down a path that it knows all too well. 28 Shaimiev’s approval rating in Tatarstan, around 70 percent, is one of the highest in Russia. Saidazimova.G,‘Russia: What's Behind Putin's Reappointment Of Powerful Tatar Leader? 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