This article was downloaded by: [Fachhochschule Zentralschweiz] On: 24 November 2010 Access details: Access Details: [subscription number 907840520] Publisher Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 3741 Mortimer Street, London W1T 3JH, UK Democratization Publication details, including instructions for authors and subscription information: http://www.informaworld.com/smpp/title~content=t713634863 The rise of the Ukrainian oligarchs Rosaria Puglisia a EU Commission Delegation in Kyiv and a visting research fellow at the Institute of Politics and International Studies, University of Leeds, UK Online publication date: 06 September 2010 To cite this Article Puglisi, Rosaria(2003) 'The rise of the Ukrainian oligarchs', Democratization, 10: 3, 99 — 123 To link to this Article: DOI: 10.1080/13510340312331293947 URL: http://dx.doi.org/10.1080/13510340312331293947 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.informaworld.com/terms-and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, re-distribution, re-selling, loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material. 103dem05.qxd 03/07/03 14:43 Page 99 The Rise of the Ukrainian Oligarchs Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 ROSARIA PUGLISI Like many post-Soviet societies, Ukraine has experienced over the past decade the emergence of an oligarchic system. Political and economic elites have become locked into a ‘partial reform equilibrium’. Unfinished political and economic reforms have fostered the exchange of economic resources against political support, weakened the state capacity and opened the way to undemocratic outcomes. President Kuchma has become the centre of a ‘personal rulership’, in which rent-seekers and rent-givers have forged an alliance aimed at preserving the current state of affairs. The consequent situation of stall has benefited both economic actors, allowing them access to the redistribution of national wealth, and political actors, allowing them to consolidate unchallenged their position of power. The systematic plunder of economic resources, perpetrated under the oligarchic system, has imposed great costs upon Ukrainian society, condemning it to a vicious circle of underdevelopment, administrative weakness and inability to implement change. The consolidation of powerful economic elites, strategically connected to when not even merged with political elites, has been identified as a feature common to many post-Soviet states. Some authors have spoken of a ‘collusion between elites’, where the alliance between political and economic actors is expressed in terms of a rent-seeker/rent-giver relationship. On the one side, rent-seekers acquire ‘extra profits by becoming an exclusive, politically backed monopoly’, while, on the other side, ‘the payoffs from rent-seeking allow them [the rent-givers] to maintain and expand their own political power’.1 The most well-known example of this relationship is the pattern of business–politics interaction established in Russia during the Yel’tsin presidency. Then, a handful of bankers and industrialists supporting Boris Yel’tsin’s bid for re-election, gained in exchange for their material help direct access to the design of key economic reforms, especially privatization.2 In this article the focus is on Ukraine and the conditions that allowed the emergence of an oligarchic system during the first term in office of President Leonid Kuchma (1994–1999). The rise of an oligarchic regime in Ukraine is seen as tightly connected to the mode of the political and economic transformations as well as hinging upon the mutual interdependence between political and economic elites. Dr Rosaria Puglisi is a political affairs officer at the EU Commission Delegation in Kyiv and a visiting Research Fellow at the Institute of Politics and International Studies, University of Leeds, UK. Democratization, Vol.10, No.3, Autumn 2003, pp.99–123 PUBLISHED BY FRANK CASS, LONDON 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 100 03/07/03 14:43 Page 100 D E M O C R AT I Z AT I O N As in other post-Soviet countries, in Ukraine the need to carry on sweeping economic reforms, aimed at liberalizing the market and reducing the state presence in the economic sector, coincided with a process of democratization and state-building, in which the pre-existing ruling elite played a controlling role. An overemphasis placed on economic liberalization rather than democratic consolidation laid the foundations for a degeneration of the system towards authoritarianism, the strengthening of the presidential administration and the weakening of horizontal checks and balances on the powers of the executive. Increased law-making authority in the hands of the president was justified as an instrument to push through swift economic changes and overcome parliamentary opposition. However, while extraordinary presidential powers failed to produce a course of coherent economic reforms, they succeeded in alienating the executive from both the parliament and civil society. In this context, it became politically rational for the president and his administration to lean on the members of a powerful circle of business actors to provide support against possible challenges from the opposition. A ‘partial reform equilibrium’ sealed the alliance between the executive and parts of the economic elite. In this Ukrainian-style neo-patrimonialist regime, President Kuchma established and maintained his authority through an extensive network of personal patronage, the redistribution of economic favours and privileged access to economic resources, rather than ideology or the impersonal rule of law. This order was imposed at great economic costs for Ukrainian society. National wealth was systematically depleted to strengthen presidential rule and the influence of Kuchma’s clan. Institutional corruption forced new entrepreneurship underground, while the private use of public resources reduced the capacity of the young Ukrainian state. The establishment of a rational-legal administration has proved very difficult because the constant flow of revenues, which effective tax collection and a fully developed monetized economy can provide, was absent. The under-capacity of the state administration, induced by the parasitical character of the oligarchic system, pushed Ukraine into a spiral of under-development, in which inability to extract and reinvest economic resources and administrative weakness became mutually reinforcing. The findings of this article support Hellman’s conclusions that a ‘partial reform equilibrium’ is the main outcome of changes aimed at isolating reformers from societal pressures, while effective economic transformations are implemented under conditions of periodical scrutiny on political institutions.3 Because of its focus on the political nature of the Ukrainian oligarchic regime, this article is also aimed at complementing theories that explain corruption in Ukraine as a result of political culture.4 Herein, the 103dem05.qxd 03/07/03 14:43 Page 101 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 101 exchange of electoral support for economic advantages is viewed as politically rational in a system characterized by two conditions. First, the executive has become largely unaccountable and alienated from both the parliament and civil society. Second, elections have become the most important opportunity to alter the nature of the political structure and the internal balance of power between political and economic actors. Throughout this article elites are understood as small and cohesive groups of strategic actors who control administrative and economic resources and through them exercise substantial and regular influence on the country. A distinction is drawn between a political and an economic elite, the first mainly in control of political resources (administration and policy making), the second mainly in charge of economic resources (industrial and financial assets, media outlets). Political and economic elites may overlap; they may also be internally fragmented along fault lines determined by their interests. As elite groups react to the fluidity of the political and economic environment, coalitions among different subgroups emerge and break up when their interests change. Powerful economic actors who interact with the political institutions and establish with them a continued relation through which to pursue their own narrow interests are defined as oligarchs. The article is organized as follows. In the first section an overview is provided of the literature on oligarchic systems and their relation to political and economic reforms. In the second section the political economy of reforms in Ukraine and the interaction between business and politics are explored. In the next two sections the relationship between business and the two main institutions of Ukrainian policy making, namely the parliament and the presidency, are investigated. Finally, some conclusions are drawn on the costs that the oligarchic system places on the social and economic development of Ukraine. Oligarchy and Reforms The literature on oligarchic regimes has highlighted two interconnected characteristics; first, the pre-industrial and pre-democratic nature of oligarchic systems, and second, their ability to steer pre-modern societies towards often unintended political changes. Drawing a parallel between north Balkan and Latin American countries, Nikos Mouzelis has identified the two main aspects of oligarchy in the ‘semi-periphery’ as control over state institutions and limited popular political participation. While the parliament is controlled by ‘a handful of notable families ... able to keep the parliamentary system functioning stably by manipulating the electorate 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 102 03/07/03 14:43 Page 102 D E M O C R AT I Z AT I O N though a variety of legal and illegal means’, the pre-industrial context restricts the political participation of the new middle and lower classes.5 Perhaps because of the narrowness of the pre-modern arena in which they articulate their interests, oligarchs have sometimes become unintended initiators of a process of political and social transformation, eventually leading to more open systems. In Malaysia, for example, the reformasi movement has been regarded as an attempt at ‘oligarchic restructuring’ aimed at preserving the rule of a small elite underneath the veneer of a democratization process.6 In Japan, the Meiji era oligarchs have been recognized as responsible for an increased popular participation in the country’s political life as a result of their internecine rivalries and consequent split.7 These arguments recall Egor Gaidar’s claim that in the late 1980s the Soviet nomenklatura had not only been in favour but strongly supportive of economic reforms. Convinced that under capitalism they would still be in charge of the political and economic system, members of the nomenklatura pushed towards a process that Gaidar calls ‘privatization of power’, finally establishing a ‘nomenklatura capitalism’.8 In the majority of the post-Soviet states, however, the ‘reformist’ role of the nomenklatura has not led to more open systems, but rather to systems in which concentration of powers has systematically obstructed democratic change and depleted national resources, often taking advantage of the double nature of post-communist transitions. From a ‘transitology’ perspective, Linz and Stepan have appropriately warned of the dangers of concurrent political and economic liberalization, pointing out that the collapse of the totalitarian state, with its extensive command economy, must be matched by the revival of an effective, democratic state.9 What Robinson calls state capacity, namely ‘the ability to get things done: rules are made, policies are formulated and the machinery (institutions) exists to ensure that policies are implemented and rules are kept’, is crucial at this stage of development.10 Over a decade of post-Soviet transition, instead, Ukraine has increasingly come to resemble the textbook case of a ‘state with rapidly eroding capacity’, unable to conduct effective economic reforms, nor to induce significant political changes.11 The gradual transition towards an authoritarian rather than democratic political system, and the consolidation of the presidency as the key institution and its increasing isolation from both the parliament and the electorate, have led to a situation in which the president and his administration have become instrumental in the rise, stratification and consolidation of the Ukrainian oligarchs. Economists have discussed at length the most effective pace and sequencing of economic reforms, reaching some consensus that choosing the ‘correct’ course of the economic transition is not a condition sufficient 103dem05.qxd 03/07/03 14:43 Page 103 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 103 to guarantee successful results.12 Theories of systemic transformations that take into account only economic factors have been criticized for being detrimental to new democracies. The high social costs of reforms undermine the confidence in new state institutions,13 while the distributional effects provoke opposition from social groups particularly hit by the changes.14 In this perspective, it has been argued that the shock-therapy type of reforms is the sole strategy able to reduce opposition, as ‘the losers of each particular measure benefit from other measures’.15 Anders Aslund has especially endorsed this view, by maintaining that the sequencing of economic reforms matters little, provided that economic transformations are radical and broadly disruptive of consolidated power networks. Political reforms, however, have vital importance for the achievement of economic growth. In particular, the establishment of parliamentary rather than presidential systems, coalition governments and even social unrest appear as factors positively correlated to successful economic reforms. The merits of these elements rest on the wide checks imposed on the state institutions and the ruling elites, which in turn, will be bound to carry on changes.16 Contrary to all these prescriptions, however, the Ukrainian transition has become characterized by a set of sketched, patchy, unfinished reforms. Political and economic elites have become locked into what Hellman calls ‘partial reform equilibrium’. Economic liberalization has been pushed only as far as allowing the privatization of state assets, but not the correction of market distortions. The ‘selected introduction of market mechanisms’ and the consequent generation of concentrated rents has prompted a small group of actors, net winners under these conditions, to lobby for the preservation of this newly achieved status quo.17 The mutual dependence of political and economic elites has been reinforced into the neo-patrimonial character of the Ukrainian regime.18 In a pattern repeated across many post-colonial states, the power of the Ukrainian political leadership has consisted in the president’s ability to maintain the support of strategic sections of the elite.19 The allocation of favours and economic benefits rather than ideology, the rule of law or the leader’s charisma has constituted the cement of the system, while a sense of loyalty and dependence has informed formal political and administrative relations.20 Paradoxically, the ‘personal rulership’ of the president has played an ‘integrative role’ over a potentially heterogeneous political environment, temporarily unifying competing elite clans through the redistribution of material incentives and rewards.21 Yet the systematic extraction of rents has imposed lasting effects upon Ukrainian society. The allocation of income within a narrow constituency, the corruption of the state apparatus and the consequent expansion of the illegal economy, the lack of accountability and 103dem05.qxd 03/07/03 14:43 Page 104 104 D E M O C R AT I Z AT I O N the consequent isolation of the political leadership have weakened rather than strengthened the capacity of the Ukrainian state.22 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 Political Economy of Reforms Politics and business never became clearly separated in post-Soviet Ukraine. As a result, the special relationship that members of the economic circles enjoyed in the political sphere crucially informed the course of economic reforms. The economic elite systematically pushed through measures that would help to preserve their status (as in the timely privatization of strategic assets), while obstructing policies that would endanger their interests (like the liberalization of banking activity in favour of foreign financial institutions).23 The consequence was the consolidation of a rent-seeking system in which economic advantages were afforded only to those close to the administration, while excluding those who were not part of it. As administrative resources became a source of income for the bureaucracy, the bureaucrats became themselves an obstacle to economic reforms, preventing changes that would unsettle their power and revenues.24 In such a system wealth was generated by special exemptions on economic regulations, rather than by the development of a productive activity, by the expansion of ownership over existing assets rather that by new investments and developmental projects. The burden placed on the economic system and the state budget by rent-seeking activity was most certainly one of the factors preventing consistent economic growth.25 As politics and business largely failed to separate, a clear distinction between the economic and the political elite in Ukraine did not materialize. Kryshtanovskaya and White identify a Russian economic elite, which emerged, in the early years of liberalization, as a result of the ‘bifurcation’ of the Soviet nomenklatura into a political elite and an economic elite.26 In Ukraine this diversification did not take place in the late perestroika years, and well into the post-Soviet period the economic elite was still identified with the state apparatus. In Ukraine, as in Russia, an economic elite appeared as a result of the late 1980s economic reforms, when ‘miraculous economic exchanges’ took place, and ‘real billions of dollars were made’.27 Wealth was accumulated through four main channels. First, through the trade of metals and chemicals bought in Ukraine at state-regulated prices (equal to 10 per cent of the world prices) and sold abroad at full market prices. Second, through the trade of products (like Russian gas) imported at subsidized exchange rates and sold in hard currency. Third, through subsidized credits issued at a 20 per cent interest a year when inflation was running at 10,155 per cent. Fourth, through budget subsidies (equal to 8.1 per cent of gross domestic product in 103dem05.qxd 03/07/03 14:43 Page 105 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 105 1992 and 10.8 per cent in 1993) concentrated mainly in the agricultural sector, and in the gas and the coal industry.28 Insider privatization (or nomenklatura privatization) provided another opportunity for the consolidation of the economic elite, turning state enterprise directors into a property class. Given the lack of a comprehensive programme of privatization, enterprise managers attained de facto the property rights of the state enterprises they directed. By mid-1997, 85 per cent of all shares allocated had been acquired by incumbent managers and working collectives.29 Because of their previous affiliation to the CPSU in their capacity as managers of state enterprises, ‘red directors’ gained representation in the 1990 and 1994 parliaments through seats won within the ranks of the Communist Party. This situation gave rise to the paradox of an embryonic capitalist class (the ‘red directors’), which was bound at the same time by party discipline to an anti-capitalist ideology and by their own private interests to the development of a market economy.30 The faltering pace of privatization and the way the process was conducted are the most striking examples of how nomenklatura and bureaucratic interests intertwined in setting the course of reforms. Initiated in 1992, privatization was repeatedly halted by the parliament, which was dominated by a lobby for the ‘red directors’. In 1996, a resolution exempting more than 6,000 state enterprises, especially in the gas and oil sector, which were considered of strategic importance, brought the largescale privatization to a standstill. Small-scale privatization was substantially completed by mid-1997, but such enterprises, which had been acquired by existing managers and employee groups, totalled only two per cent of the official industrial output. The great bulk of Ukrainian production remained instead concentrated in large enterprises, more resistant to privatization and often successful in lobbying for exemptions to from anti-monopoly regulation.31 The system of ‘rent with buy out’, according to which enterprises had to submit a privatization application to local bureaucrats before being authorized to initiate the privatization procedures, gave rise to widespread forms of bribery and corruption.32 Finally, a process of substantial restructuring was obstructed as privatization largely benefited insiders, and discouraged foreigners and external investors, leaving state enterprises producing at a loss and begging for state subsidies. A similar pattern of administrative favouritism appeared in the foreign trade regime, where liberalization took place only at a formal level, while in fact new regulations were introduced, increasing opportunities for corruption.33 Equally, in the banking sector, Ukrainian financial institutions lobbied the National Bank of Ukraine to restrict access into the domestic market to competitive Russian and Western banks.34 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 106 03/07/03 14:43 Page 106 D E M O C R AT I Z AT I O N Asymmetrical control over the political institutions drew a line of divergent interests and possibilities between big and small-medium businesses. Political power allowed representatives of big businesses to shape the rules of the market to fit their own preferences, defending their newly acquired property rights and preserving their privileges on the market. Small and medium businesses, on the other hand, were generally divorced from political power and were therefore exposed to the full force of market fluctuations and to the unpredictability of the economic environment. As events often demonstrated, a businessman’s fortune could change abruptly ‘not because of the business cycles, but because of the government’s action, or inaction’.35 Continuous revisions of business legislation led economic actors to develop an attitude of distrust towards the state. As one commentator put it, ‘You can start [by] playing chess, then you find, in the middle of the game, that you are playing basketball, or soccer’.36 With rules being so uncertain, the economic environment was characterized by a permanent search for ways to survive and shortcuts to reach the heart of the system: People try to steal. You can take anybody, and there is something he disobeyed in the law, because laws and regulations can be in the way, and you have to overcome any barrier. It is not always intentional, but there are some gaps in the system which allow people to escape or bypass the laws.37 Excessive bureaucratic requirements, the arbitrariness of business regulations and a punitive tax system pushed business to face the alternative between exit (capital flight, migration or withdrawal into the shadow economy), and voice (choosing a political affiliation). While up to the late 1990s capital flight in Ukraine has been estimated in the region $25–50 billion,38 an increasing number of leading businessmen chose to emigrate, fearing ‘to be caught in a civil war, to become a victim of crime, or to be kidnapped’.39 Among these was Vadim Rabinovich, President of the Ukrainian Jewish community, media magnate and Israeli citizen. But capital export and emigration were options open only to big business, as small and medium entrepreneurs were left with only the option of illegality. Even Anatoliy Kinakh, from his position as President of the Ukrainian Union of Industrialists and Entrepreneurs and Prime Minister since May 2001, admitted the state’s failure in fostering private, legal entrepreneurship: ‘The problem of the shadow economy is a result of the lack of trust from the entrepreneurs toward state power. It manifests a problem of stability, quality and transparency in the legislation that regulates the economic and business activity, it is a problem of civilized relations between the state and the business sector’.40 103dem05.qxd 03/07/03 14:43 Page 107 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 107 Two surveys conducted among managers of privatized large- and medium-sized enterprises in 1998 confirmed this picture. The overall economic situation in Ukraine was described as very bad by 69 per cent of those interviewed, while a total of 89 per cent considered the country a negative environment for the development of private entrepreneurship. When asked to name the most critical problems for their enterprise, 80 per cent did not hesitate to identify oppressive taxation, and 27 per cent blamed constantly changing rules and regulations. The main reason why business stagnated in Ukraine was identified by 96 per cent as high taxes, and 75 per cent put the reason down to corruption by national government officials.41 Reflecting this spirit of pessimism, in November 1998 a business magazine speculated whether the government would soon introduce a tax on breathing air.42 According to data provided by the Kharkhiv-based TACIS Enterprise Assistance Centre, a typical owner of a small business spent annually 4,200 hryvnas (about US$1,100) in fines paid to local or national authorities.43 At the same time, the ‘unofficial price-list’ for services granted by the local authorities to enterprises was widely publicized.44 Small business representatives called insistently for the establishment of a system which would allow the entrepreneur to ‘work normally’. If business was administered effectively, it was argued, the state would benefit from it; at least tax revenues would increase. However, in an unstable and corrupted environment, unprotected small business was ‘forced’ to illegality. As the director of a small enterprises association paradoxically put it, ‘I will cheat, I will start producing in the shadow, I will earn money on which I will not pay taxes, I will cheat on custom duties’.45 Under conditions of lawlessness, the choice between the state and the parallel criminal structures became in Ukraine a rational economic calculation. Political observers estimated that if the tax load for a legal business could reach up to two-thirds of a businessman’s income, the racket required only between 10 and 30 per cent of it.46 Business associations, which could play a crucial role in mediating between the state and entrepreneurs, were weak, very numerous, and scarcely significant on the political scene. Kubicek characterizes them as ‘infiltrated by and subservient to the communist party’; they were ‘intertwined with state structures and dependent heavily upon state sponsorship and recognition for their present power’.47 A line of financial dependence was created between the Ukrainian Union of Industrialists and Entrepreneurs (UUIE) and the state in the form of subsidies paid to the enterprises constituting the organization.48 The UUEI worked as an extraordinary political platform for Leonid Kuchma and Anatoliy Kinakh, who had both been president of the organization before the former ascended to the presidency and the latter 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 108 03/07/03 14:43 Page 108 D E M O C R AT I Z AT I O N became prime minister. Business associations, however, proved generally unable to represent effectively the interests of file and rank business actors, failing to lobby for the introduction of uniformly applicable rules of the game.49 When asked why his organization was not taking up a more critical, independent attitude towards the presidency, a high officer of the Union of Industrialists and Entrepreneurs admitted, ‘You cannot bite the hand that feeds you’.50 Polling among entrepreneurs confirmed that ‘lobbying the Government is not seen yet as a way to advocate the interests of enterprises before local and national government officials, at least partly because existing lobbying organizations are not seen as effective’. In the above-mentioned survey, 73 per cent of respondents recognized that, should they need to defend their interests in the political sphere, they would resort to personal contacts. Only 11 per cent of business people said that they would rely on business associations.51 Thus rent-seeking was essentially an economic undertaking that afforded members of the elite privileges and means that they would not earn through productive activities. Engagement with political and often with criminal power became a constituent part of this system. A high degree of interlocking between political and economic positions blurred even further the distinction between politics and business, and led observers to believe that ‘the economic elite controls the state by bringing in its own members, through direct connections, without even the need to camouflage them’.52 The list of representatives of business interests in key political positions was noteworthy. For example, Serhiy Tyhypko, deputy prime minister in Valeriy Pustovoytenko’s government, had been from 1991 to 1992 vice director of the Dnipro Commercial Bank. He then became director of the Dnirpopetrovsk branch of Privatbank, the second largest bank in Ukraine, before being appointed in 1997 to the position of deputy prime minister in charge of the economic reforms.53 Oleksandr Tkachenko, speaker of the parliament in 1998–2000, was the chairman of the agriculture-based financial-industrial group Zemlya i Lyudi. Oleh Ishchenko, chairman of the Ol-bank, Mikhailo Brodskyi, chairman of the concern Dendi, Leonid Chernovetskii, chairman of Praveksbank, Hryhoyi Surkis, president of Dynamo Kyiv and of the financial industrial group Slavutchyk, and Viktor Medvedchuk, president of the BIM International Legal Company, which served Slavutych, were only few of the conspicuous wave of business people who entered the parliament following the March 1998 elections. The next two sections examine the structure of relations between business and political power in the two most important centres of Ukrainian policy making, the parliament and the presidential administration. Despite the stronger influence ascribed to the presidential administration, the 103dem05.qxd 03/07/03 14:43 Page 109 THE RISE OF THE UKRAI NI AN OLI GARC H S 109 analysis begins with the Verkhovna Rada, as this was the first institution where business interests became organized. Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 Business and the Verkhovna Rada In post-independence Ukraine, the parliament became the main channel for the former nomenklatura to defend their positions, lobby for state subsidies, obstruct reforms and acquire personal immunity. In the March 1994 elections, enterprise directors (including farm directors) were the third largest individual group in the parliament, following high governmental officials and professionals. The July 1994 moratorium on privatization (lifted the following December) was arguably the most remarkable success in the strategy of business leaders to halt economic reforms, but throughout its entire legislative mandate the conservative majority voted consistently to grant subsidies to unprofitable enterprises. Red directors and Party nomenklatura strongly opposed President Kuchma’s promises of economic restructuring and finally provoked a conflict between the executive and the legislative that eventually resulted in the weakening of the parliament.54 The April 1998 elections marked a significant turn in business representation within the Ukrainian political institutions, as a large number of economic actors ran for and won seats in parliament. As many as 127 representatives of business, equal to 28 per cent of the total number of legislators, were finally elected.55 While the energy sector was most successful in gaining representation, electing 15 deputies, the banking sector was the most active; 49 bankers ran under different party tickets, a few dozen campaigned in single-mandate constituencies and Privatbank even established its own party. 14 members of the banking community were finally elected. The Sixth Congress of the Association of Commercial Banks, held the previous February, had signalled a general consensus in the sector on the necessity to establish a banking lobby in Parliament.56 Political observers noted that it was the first time that representatives of business structures had taken such a bold position, announcing publicly their plans to influence the decision-making process from the inside.57 Such a massive ‘politicization’ of the economic elite was due to two main reasons. On the one side, small- and medium-sized business actors, frustrated by the years of legislative inactivity that had stalled the economy, were hoping that parliamentary representation would foster the introduction of more business-oriented legislation.58 On the other side, however, the majority of large business actors were engaged in an operation of ‘business promotion’ to gain a political affiliation.59 ‘In order to defend his own business every businessman looks for a krysha (roof), including a political one, against the state’, commented the former Speaker of the Rada Ivan 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 110 03/07/03 14:43 Page 110 D E M O C R AT I Z AT I O N Plyusch.60 What concrete advantages could a parliamentary seat offer to the economic elite? The 1995 Power Bill had been the first step towards the shift of decisionmaking powers from the parliament to the president, which had then been confirmed with the approval of the 1996 constitution. Even though the president had been awarded considerable powers to conduct political and economic reforms, the parliament had nonetheless been left with significant authority in the economic area, which made it the key player in the privatization process.61 In fact, the parliament was not only put in charge of ‘approving the list of state-owned objectives which [would] not be made subject to privatization, determining the legal principles for appropriating privately owned objectives’, but it also received control over the State Property Fund, which supervised privatization.62 By virtue of these powers, a parliamentary seat still presented significant advantages to representatives of the economic elite. First, the deadline on the freezing of the sale of 32 large enterprises (especially in the energy sector) was due to expire during the lifetime of the 1998 parliament, and regulation to privatize these enterprises would be issued by the legislature.63 Second, it was still expected that new legislation on economic activity (as for example regarding the new tax code) would be debated and adopted within the parliament. Finally, the parliament could guarantee immunity from criminal charges to perspective deputies who had been caught up in corruption scandals. Bidding for immunity was arguably one of the most powerful motivations for candidates to run in the elections. ‘Business in Ukraine if it is not entirely criminal is semi-criminal. The status of Deputy gives [the businessman] more or less four years to cover and to solve the problems of his business’, commented a member of the presidential administration.64 Statistics seemed to prove him right, as between 1990 and 1994 over 500 deputies were not committed for trial because either a local council or the Verkhovna Rada had failed to grant approval.65 Louise Shelley has estimated that following the 1998 parliamentary elections more than 20 members of the parliament faced criminal prosecution if they were stripped of their parliamentary immunity, while 44 legislators elected to local political bodies also had criminal backgrounds.66 The 1998 elections highlighted how by dispensing favours to business structures, the president and his administration were trying to expand their control over the legislative power. Support to individual businessmen, parties entering parliament for the first time, or coalitions established around business interests were all part of the complex strategy adopted by the presidential entourage in anticipation of the 1999 electoral campaign. 103dem05.qxd 03/07/03 14:43 Page 111 THE RISE OF THE UKRAI NI AN OLI GARC H S 111 Business and the Presidential Administration Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 In the years of the first Kuchma presidency an oligarchic system emerged and consolidated thanks to the special privileges awarded by the president and his administration to the members of his inner circle. The president’s patronage network set relations between political power and business on new foundations. Closeness to the president guaranteed access to the administration, redistribution and utilization of state financial or administrative resources (‘a property nobody knows whom it belongs to’), creating large and unexpected fortunes.67 As an observer commented, The formula ‘capital forms power’, traditional in all developed market economies has been completely inverted into its opposite – ‘power forms capital’. Those who have power can also have capital, while the power of an owner disloyal to the authorities could, at any moment be alienated, and on quite legal grounds.68 Despite his repeated pledges to establish a stable and reliable business environment, the most tangible result of Kuchma’s economic policies was not the creation of an economic elite, but its ‘ierarkhizatsiya’. The president’s intervention drew a distinction within the business elite and placed on a hierarchy of influence those who were granted access to budget resources, those who enjoyed political connections and those who were altogether banned from the circles of power.69 Kuchma’s patronage networks developed along three lines. The regional clan of Dnipropetrovsk constituted the president’s primary power base, which fragmented and evolved, at the time of the 1998 parliamentary elections, into an embryonic party system. The alliance between business and politics consolidated then in a more stable form centred on ‘holdings’, whose main task was to mobilize resources in preparation of the 1999 presidential elections. In the remainder of this section the role and structure of regional clans, parliamentary parties and business ‘holding’ as instruments to consolidate Kuchma’s authority will be examined. With President Kuchma not only the economic elite, but first and foremost his ‘Dnipropetrovsk family’, came to power. It has been estimated that in the months following Kuchma’s election in 1994, something like 206 apparatchiki moved from Dnipropetrovsk to Kyiv to occupy key positions in the state administration and control the process of resource allocation. The core of the clan was composed of some 200 individuals, among whom were figures like the future Prime Minister Valeryi Pustoyvotenko, Volodymyr Horbulin, secretary of the National Security and Defence Council, and Serhiy Tyhypko, first vice prime minister in charge of the economic reforms.70 In 1997 Ukrainian media sources counted five 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 112 03/07/03 14:43 Page 112 D E M O C R AT I Z AT I O N ‘Dnipropetrovtsy’ among the members of the presidential administration, and 20 in the government’s apparatus.71 The structure of regional clans in the Ukrainian political landscape dated back to the Stalinist years, when, in an attempt to resist the persecution of the political police, communist activists joined forces in tight and exclusive regional teams. Regional clans were formed according to the country’s division of labour. If Donetsk was the core of the mining area and of the metallurgical industry and Kharkiv the centre of the machine-building sector, Dnipropetrovsk’s strength lay in its high level of industrialization and the consequent importance of its party organization. Thanks to the high concentration of enterprises in the military–industrial sector, Dnipropetrovsk was also one of the most strategically important regions in the Soviet Union. These factors put the region in the position to place its own political representatives in key positions of the Soviet apparatus.72 The secretive nature of the clan and the mutual support (financial and administrative) it provided to its members characterized the clan structure also in the years of the Kuchma presidency. The Dnipropetrovsk clan could draw from and administer a large pool of resources. The top managers of two of the largest Ukrainian banks, Mikhailo Bairaka, deputy chairman of the Board of Directors of Bank Ukraina, and Volodymyr Matvienko, chairman of the Board of Directors of Prominvestbank, were recognized members of the clan.73 Solidarity between members of the clan often proved a useful asset to escape critical situations. In March 1995, Yulia Tymoshenko, at the time a close ally of Pavlo Lazarenko and member of the Dnipropetrovsk alliance, was arrested at the Zaporizhzhia airport on charges of attempting to smuggle $26 million to Moscow. Examination of the case was moved from Zaporizhzhia to Dnipropetrovsk, where Lazarenko was speaker of the regional parliament and head of the regional administration. The regional procurator was conveniently promoted to general procurator in Kyiv, allegedly on an expressed request of Lazarenko. The case against Tymoshenko was subsequently dropped, and the documents related to it were made inaccessible.74 With the appointment of Pavlo Lazarenko to the position of prime minister in the autumn of 1996, the Dnipropetrovsk clan consolidated its position. For the first time the group gained, as one observer put it, the ‘controlling packet of shares’ in the country, achieving the position of president and prime minister at the same time.75 Kuchma and Lazarenko, however, represented the two conflicting sides of the clan: the former the Soviet military–industrial complex and the latter the agrarian sector. Lazarenko was considered instrumental in Kuchma’s 1994 presidential victory, bringing with him the votes of the rural areas of the region; with his appointment to the premiership the president rewarded him for his loyalty. 103dem05.qxd 03/07/03 14:43 Page 113 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 113 But Lazarenko’s presidential ambitions and growing charges of corruption surrounding him caused the two groups to split.76 In July 1997 Lazarenko was forced to step down. His resignation represented the open fracturing of the clan, and the politicization of the conflict. Lazarenko established the main opposition party, Hromada, and became its leader. Kuchma found support in the newly established Party of Popular Democracy (NDP), immediately titled the ‘party of power’. The NDP, in turn, derived from the bloc of Constitutional Centre, which had supported Kuchma in the 1994 presidential campaign. The fracture between Kuchma and Lazarenko produced, paradoxically, a positive outcome for the Ukrainian political system, as the structure of regional clans seemed to evolve into a system of political parties, albeit no less antagonistic and personalized. Observers believed that the main reason for the transformation was that the structure of regional clans could not be preserved any longer in the same form as it effectively operated under Brezhnev. While under the command-administrative system, it had been possible to retain the monopoly in managing economic resources, in postSoviet Ukrainian society a plurality of contrasting political and economic factions had emerged. In this complex arena, the new leader would have to demonstrate his ability to play all the conflicting forces to his advantage.77 The creation of the NDP as the backbone of the presidential administration could then be read as a shift from a policy of cadres based on their regional origin, to a policy of cadres based on political (or party) belonging. Being economically grounded on the large resources of the energy sector, the NDP could channel and actually expand the president’s political support beyond the borders of Dnipropetrovsk. At the same time, however, thanks to its ties with the government (the party included the then Prime Minister Pustoyvotenko as its leader and a large number of ministries), the NDP was envisaged as an instrument to increase the president’s control over the executive. In the 1998 parliamentary elections, the Party of Popular Democracy was by far the most successful of the business-led parties, initially gaining a total of 28 deputies, all of whom came from an economic background. The group proved, however, very unstable. Controversies over the redistribution of gas contracts led 23 of its deputies to abandon the faction at different stages.78 Seven of them subsequently established the group Working Ukraine, while eleven moved to reinforce the Party of Regional Revival.79 Anatoly Kinakh, who became prime minister in 2001, was one of the deputies loyal to the faction. Oleksander Volkov, adviser to President Kuchma, was, instead, one of the promoters of Regional Revival. Also, Ihor Baikai, an influential ally of President Kuchma subsequently appointed to chair the energy company NaftoHaz Ukrainy, was elected as a representative of the NDP.80 103dem05.qxd Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 114 03/07/03 14:43 Page 114 D E M O C R AT I Z AT I O N The second pillar in the administration’s strategy to create parliamentary support for the president was the Social Democratic Party (United) (SDP), whose 14 deputies elected among the ranks of the business elite were later joined by a further 25 members of parliament. The SDP revolved around the business–political partnership of the ‘Kyiv Seven’, people like Bohdan Gubskii, chairman of the Slavutych Board of Directors, Hryhoryi Surkis, chairman of Dynamo Kyiv and president of the Slavutych Board of Directors, and Viktor Medvedchuk, president of the BIM International Legal Company, also connected to Slavutych, who had accumulated their financial empires thanks to control over big monopolies.81 The ‘diversification’ of Kuchma’s support between the NDP and the SDP was interpreted as an attempt to send a signal to the business community that, in advance of the presidential campaign, they could look for the president’s favour regardless of their party affiliation.82 With the 1998 elections the parliament gained importance in the estimation of the economic elite as a place to present and advocate business interests. Political tactics and the significance of decisions adopted meant, however, that effective lobbying in the Verkhovna Rada required coalition building and inter-faction co-operation. The presidential administration still remained the focus of business lobbying, thanks to its ability to provide immediate protection for individual interests. The parliamentary party structure appeared to rest in fact on a complex and unstable network of five or six economic clans that enjoyed a close relationship with the president, supported his electoral campaign and secured for themselves political revenues thanks to this privileged position. The 1999 presidential electoral campaign was inevitably perceived as a delicate phase for the economic groups’ precarious cohesion. As one commentator put it, this would be a ‘time of divisions and redistribution, St George’s Days and Bartholomew’s nights’.83 The economic groups that were assembled in preparation of the electoral campaign were called by Ukrainian analysts ‘holdings’, even though they resembled more political coalitions built upon financial capital. Holdings were created from the confluence of a number of relatively small business empires, whose owners realized that it would be impossible for them to reach political power on their own. As in business, they negotiated, concluded agreements and made mutual concessions within their political alliances. In contrast to the Russian oligarchy, however, because of their limited scale and capital Ukrainian holdings were forced to work out co-operative rather than openly hostile strategies.84 The possible emergence of conflicting interests made holdings unstable affiliations, likely to break when one set of preferences overlapped with the interests of another holding, as happened, for example, to the short-lived 103dem05.qxd 03/07/03 14:43 Page 115 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 115 alliance between Vadim Rabinovich and Hryhoryi Surkis. Nicknamed the ‘Ukrainian little Berezovskii’, Rabinovich was at the time in control of the television channel ‘1+1’, when he lost influence over it, the coalition with Surkis also collapsed. Ukrainian journalists speculated that, as Rabinovich was of no more use to the president because he no longer controlled one of the most popular TV stations, he would most likely see his access to the president curtailed and his business activity endangered.85 The Rabinovich case was not, however, an isolated one. Other examples of the poisonous atmosphere that existed within in the presidential circles and which led to instability in parties and holdings can also be found. Frequently frictions occurred over the way the president and his administration employed public money and assets to secure the support of the oligarchs. In October 1998, the government transferred the controlling packet of shares of the Oriana chemical concern (50 per cent plus 1 share) from the state property fund to the management of Shelton, whose president was a deputy for the Green Party. Ihor’ Nasalyk, chairman of the competing Tekhnotsentr and NDP deputy, frustrated in his aspiration to gain control of the same packet of shares, left the parliamentary faction, contributing in the split that led to the creation of Working Ukraine. Similar episodes involving behind-the-scenes agreements between and among the presidential administration and leading business people took place in relation to the enterprise South-Pipe in Nikopol’, which had recently been included in the list of assets undergoing privatization, and the Nikolaevsk refinery.86 Following a similar pattern, the government handed over to the Ukrainian Credit Bank, part of Hryhoryi Surkis’ economic group, the controlling packets of shares of the Zaporizhzhia Ferrous Alloy Plant and a number of regional power engineering companies such as Kirovograd, Ternopil and Kherson.87 In anticipation of the presidential race, Ukrainian observers agreed that the electoral campaign would work as a catalyst for the different and contrasting interests of the economic holdings. There were expectations that during the political process, more stable coalitions would be created, even though they would only have a temporary character. Building up alliances with political forces would arguably increase the financial power of the holdings.88 Commentators bitterly remarked that Ukrainian political institutions existed only as a mechanism to legalize decisions made by economic organizations, which enjoyed direct access to power. If an oligarchy had not materialized yet in Ukraine, this was only a matter of time: the process of consolidation was still at an early stage.89 103dem05.qxd 03/07/03 116 14:43 Page 116 D E M O C R AT I Z AT I O N Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 Conclusions The emergence of an oligarchy in Ukraine is the product of both the degeneration of the political regime towards authoritarianism and the pace and extension of the economic transition. While economic reforms were slow and uncertain, political reforms brought about the consolidation of the executive (the presidency and the presidential administration) to the expenses of the legislative. Increased law-making powers in the hands of the president were justified as an instrument to push through swift economic changes and overcome parliamentary opposition. Yet, extraordinary powers granted to President Kuchma since his term as prime minister in 1994 failed to produce a course of coherent economic transformations.90 Prolonged claims of exceptional difficulties in the economic field and a persistent lack of visible economic results alienated the president from civil society and the electorate at large, while a relentless struggle for power with the parliament until 1996 deprived him of the support of the legislature. In anticipation of the 1999 presidential elections, Kuchma sought backing from a group of powerful economic actors, by strategically placing them in parliament and granting in exchange access to economic favours. Redistribution of resources, promises of privileged access to the privatization of strategic assets and management of profitable state enterprises were all used as currency to reward loyal supporters and punish those who challenged the president’s authority. In a system in which power was largely concentrated in the hands of the executive, elections were recognized as the most important occasion to alter the nature of the political structure and the internal balance of forces among political and economic actors. Because of their ‘revolutionary’ potential, elections became the crux of post-Soviet politics and a unique opportunity for coalition building and strategic realignment.91 The risk that the president and his administration could be overturned, reverting all the privileges acquired by powerful economic agents, generated a convergence of interests between the president and his economic circle and gave rise to an extraordinary mobilization of resources to preserve the status quo. While the 1999 elections provided political observers with the first significant opportunity to watch the internal dynamics of the oligarchic regime, the private use of public assets and the redistribution of national wealth among powerful business actors was a practice far from confined to the ‘exceptional’ times of presidential elections. This regime of systematic pillage of the country’s resources imposed over the years 103dem05.qxd 03/07/03 14:43 Page 117 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 117 extraordinary costs upon Ukrainian society in both political and economic terms. In economic terms, the uncertainties of the business environment pushed into the shade new forms of entrepreneurship, while strengthening lossmaking activities mainly connected to the political power or the criminal underworld. Productive resources were diverted from potentially valueadding investment to personal accounts. According to recently published data, annual capital flight in Ukraine is estimated at still well over $3 billion a year, while large sums are consumed in bribes and illegal payments.92 In political terms, the misuse of public revenues for private purposes depleted Ukraine of vital resources that would otherwise be employed to strengthen state capacity. Unable to collect taxes and use efficiently its economic endowment, the Ukrainian state struggled to build a legal-rational bureaucracy, formulate generally applicable laws and make sure that they were implemented. In its 2002 Human Development Report, the United Nations Development Programme draws a direct connection between good governance and progress, claiming ‘institutions, rules and political processes play a big role in whether economies grow, whether children go to school, whether human development moves forward or back’.93 In this perspective, economic recovery and political stabilization in Ukraine cannot be separated from the dismantling of the oligarchic regime, the unlocking of the ‘partial reform equilibrium’, the establishment of more transparent rules, the creation of more participative institutions and the strengthening of the rule of law. Are the conditions there for a radical regime change in the near future? Bratton and van de Walle highlight two possible paths of transition from neopatrimonial regimes. Endemic fiscal crises, generated by the misuse of resources, and the discontent of those excluded from the process of redistribution could give way to a wave of protest and social unrest, ultimately leading to the delegitimization of the political regime, the isolation of the leader and the loss of popular support. Alternatively, a fragmentation of the patronage network could take place over the redistribution of resources with the emergence of a new elite formed by the outsiders.94 In both cases two crucial preconditions would facilitate the change. First is the existence of a vibrant civil society that can keep the political leader in check, mobilize the public opinion and exercise pressure to change economic decisions. Second is the presence of independent (and possibly pluralistic) media that can challenge the political leadership, question key decisions and uncover abuses of power. Translating this framework to Ukraine, the signs are not encouraging. Despite the massive campaign following the scandal that allegedly involved 103dem05.qxd 03/07/03 14:43 Page 118 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 118 D E M O C R AT I Z AT I O N Kuchma in the kidnapping and murder of the journalist Heorhiy Gongadze in the autumn of 2000, the oligarchic regime stayed in power. Challenged by the then Prime Minister Viktor Yushchenko, who pledged to reform the energy monopolies and overturn their privileges, the oligarchs teamed up with the most unlikely of allies, the communist faction of the Verkhovna Rada, and forced Yushchenko out of office. With the next presidential elections approaching in 2004, rumours circulate that the oligarchs will group around Viktor Medvedchuk (head of the presidential administration) and Prime Minister Viktor Yanukovich as Leonid Kuchma’s most likely successors. Consolidating its position within the state apparatus, the Ukrainian oligarchy appears unlikely to disappear rapidly. Nonetheless, presidential elections may provide a surprise. In 2000, the rise of Vladimir Putin as the unexpected successor to Yel’tsin dispersed the Russian oligarchs, challenged their influence over the state institutions and pushed into the shade the most prominent members of the economic elite. It must be hoped that the 2004 presidential elections in Ukraine could present a similar opportunity to cut back the power of private interests over the Ukrainian institutions. ACKNOW LEDGE ME N T S An earlier version of this article was presented at the 52nd Annual Conference of the Political Studies Association of the United Kingdom, in Aberdeen, 5–7 April 2002. The author wishes to thank Gwendoline Sasse and Neil Melvin and the journal’s anonymous referees for useful comments at different stages of this work. This article was researched, written and accepted for publication before the author took up her position at the EU Commission Delegation in Kyiv. The views express herein are purely those of the author and may not in any circumstances be regarded as stating an official position of the Kyiv Delegation or the European Commission. NOTES 1. V. Shlapentokh, C. Vanderpool and B. Doktorov, The New Elite in Post-Communist Eastern Europe (College Station, TX: Texas A&M University Press, 1999), p.16. 2. For an overview of the Russian oligarchic system, S. Hedlund, Russia’s ‘Market’ Economy. A Bad Case of Predatory Capitalism (London: UCL Press, 1999) and H. Schrode, ‘El’tsin and the Oligarchs: the Role of Financial Groups in Russian Politics between 1993 and July 1998’, Europe–Asia Studies, Vol.51, No.6 (1999), pp.957–88. 3. J. Hellman,‘Winners Take All: The Politics of Partial Reforms in Postcommunist Transitions’, World Politics, Vol.50, No.2 (1998), pp.203–34. 4. Hans van Zon identifies a path-dependency in Ukraine’s current state of affairs as the result of imbedded state-centric traditions and Soviet era corruption. See his The Political Economy of Independent Ukraine (New York: St Martin’s Press, 2000) and especially ‘Neo-Patrimonialism and an Impediment to Economic Development: the Case of Ukraine’, Journal of Communist Studies & Transition Politics, Vol.17, No.3 (2001), pp.71–95. 103dem05.qxd 03/07/03 14:43 Page 119 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 THE RISE OF THE UKRAI NI AN OLI GARC H S 119 5. N. Mouzelis, Politics in the Semi-Periphery: Early Parliamentarism and Late Industrialisation in the Balkans and Latin America (London: Macmillan, 1986), p.xvi. 6. H. Singh, ‘Democratization or Oligarchic Restructuring? The Politics of Reform in Malaysia’, Government and Opposition,Vol.35, No.4 (2000), pp.520–46. 7. J.M. Ramseyer and F.M. Rosenbluth, The Politics of Oligarchy: Institutional Choice in Imperial Japan (Cambridge: Cambridge University Press, 1995). 8. Quoted in L.D. Nelson and I.Y. Kuzes, ‘Russian Economic Reform and the Restructuring of Interests’, Demokratisatsiya, Vol.6, No.3 (1998), pp.480–503. 9. J.J. Linz and A. Stepan, Problems of Democratic Transition and Consolidation (Baltimore, MD and London: The Johns Hopkins University Press, 1996), pp.436–7. 10. N. Robinson, Russia: A State of Uncertainty (London: Routledge, 2002), p.3. 11. Linz and Stepan. In this perspective, Ukraine fits Robert Jackson’s category of a ‘quasistate’, which ‘are often deficient in the political will, institutional authority and organized power to protect human rights or provide socio-economic welfare’. Because of these characteristics, quasi-states’ ‘empirical statehood in large measure still remains to be built’. R.H. Jackson, Quasi-States: Sovereignty, International Relations, and the Third World (Cambridge: Cambridge University Press, 1990), p.21. 12. For a critical review of this literature, R. Bhattacharya, ‘Pace, Sequencing and Credibility of Structural Reforms’, World Development, Vol.25, No.7 (1997), pp.1045–61. 13. A. Przerworski, ‘Economic Reforms, Public Opinion and Political Institutions: Poland in the Eastern European Perspective’, in L.C. Bresser Pereira, J.M. Maravall and A. Przerworski (eds), Economic Reforms in New Democracies (Cambridge: Cambridge University Press, 1993), pp.132–98. 14. J. Winiecki, Resistance to Change in the Soviet Economic System (London: Routledge, 1991). 15. C. Martinelli and M. Tommasi, ‘Sequencing of Economic Reforms in the Presence of Political Constraints’, Economics and Politics, Vol.9, No.2 (1997), pp.115–31. 16. A. Aslund, Building Capitalism: Lessons of the Postcommunist Experience, Carnegie Endowment for International Peace Policy Brief, No.10 (Washingtonm, DC: Carnegie Endowment for International Peace, 2001), p.5. 17. Hellman. 18. Clapham describes political patronage as developed in Mediterranean peasant societies as a system in which ‘the client offered services, whether economic or military, to the patron, in exchange for which the patron offered some security or protection to the client against the uncertainties of peasant life’, C. Clapham,’Clientelism and the State’, in idem (ed.), Private Patronage and Public Power (London: Frances Pinter Publishers, 1982), p.2. 19. H. Crouch, ‘Patrimonialism and Military rule in Indonesia’, World Politics, Vol.31, No.4 (1979), pp 571–87. 20. M. Bratton and N. van de Walle, ‘Neopatrimonial Regimes and Transitions in Africa’, World Politics, Vol.46, No.4 (1994), pp.453–89. 21. On personal rulership, G. Roth, ‘Personal Rulership, Patrimonialisma nd Empire-Building in the New States’, World Politics, Vol.20, No.1 (1968), pp.194–206; on the effects of patrimonialism on fragmented societies, G. Heeger, The Politics of Underdevelopment (London: Macmillan, 1974). 22. Hellman. 23. A. J. Moty, ‘Structural Constraints and Starting Points. The Logic of Systemic Change in Ukraine and Russia’, Comparative Politics, Vol.29, No.4 (1997), pp.433–47. 24. A. Aslund, ‘Problems with Economic Transformation in Ukraine’, paper presented at the Fifth Dubrovnik Conference on Transition Economies, 23–25 June 1999, in <http://wwwceip.org/files/Publications/webnote10.asp?from=pubproject>. C.f. on the emergence of the Russian economic elite, idem, ‘Russia’s Collapse’, Foreign Affairs, Vol.78, No.5 (1999), pp.64–77. 25. Hans van Zon talks about a de-developmental, de-modernizing state, which having been 103dem05.qxd 03/07/03 120 26. 27. 28. 29. Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 14:43 Page 120 D E M O C R AT I Z AT I O N captured by short-sighted kleptocratic clans, has become a ‘predator for society and the economy’. van Zon, Political Economy, esp. ch.10. O. Kryshtanovskaya and S. White, ‘From Soviet Nomenklatura to Russian Elite’, Europe–Asia Studies, Vol.48, No.5 (1996), pp.711–33. High official of the Ukrainian Union of Industrialists and Entrepreneurs, confidential interview with the author, Kyiv, 1 December 1998. Aslund, ‘Problems with Economic Transformation’. P. D’Anieri, R. Kravchuk and T. Kuzio, Politics and Society in Ukraine (Boulder, CO: Westview, 1999), p.184. Oleksandr Goncharenko, Chief Department of National and International Security, National Security and Defence Council of Ukraine, interview with the author, Kyiv, 10 November 1998. D’Anieri, Kravchuk and Kuzio, pp.184–6. For an overview of the privatization programme see I. Filatotchev et al., ‘Privatisation and Industrial Restructuring in Ukraine’, Communist Economies and Economic Transformation, Vol.8, No.2 (1996), pp.185–203. In the autumn of 1994, for example, the Kuchma administration abolished export quotas and licences, replacing them with a registration and certification scheme, requiring traded goods to comply with Ukrainian standards. Economist Intelligence Unit (1995), Ukraine Country Profile, Second Quarter 1995. See also Aslund, ‘Problems with Economic Transformation’. A. Potokov, ‘Bolshaya ten’ na bankovskii pleten’, Biznes, No.6, 16 February 1998, pp.15–16; and M. Yanevich, ‘Inostrannye banki i butylki’, Kompanyon, No.4 (1997), pp.14–15. Ivan Lozowy, director of the Institute of Statehood and Democracy, interview with the author, Kyiv, 12 November 1998. Anatoli Grytsenko, head of the Analytical Centre, National Security and Defence Council of Ukraine, interview with the author, Kyiv, 17 November 1998. Ibid. D’Anieri, Kravchuk and Kuzio, p.175. Lozowy. T. Ivzhenko, ‘President USPP Anatoliy Kinakh: ekonomicheskie problemy Ukrainy mozhet reshit’ tol’ko komanda professionalov u vlasti’, Kompanyon No.4 (1999), pp.18–20. G. Anderson and Company/The PBN/USAID, ‘Ukrainian Medium and Large Enterprises Manager Survey’, mimmeeo, Kyiv, 1998; and Ukrainian Market Reform Education Programmr, ‘A National Survey of 441 Managers of Privatised Enterprises in Ukraine’, mimeo, Kyiv, 1998. Biznes, No.47 (1998), p.25. R. Vysitskiy, ‘When Small is Big’, Eastern Economist, Vol.5, No.44 (1998), p.14. A Ukrainian magazine states that the registration of an enterprise costs ‘unofficially’ $176 dollars, the visit of the health or fire security inspection $42, a visit of the tax inspector $87. To have a telephone connection an enterprise pays $894, $123 to obtain an export licence, $278 for an import licence. O. El’tsov, ‘Nomenklatura kak vetv’ vlasti’, Kompanyon, No.33 (1998), pp.10–12. Lyudmila Yakovleva, Director of the Agency for Development of Business Enterprises, interview with the author, Kyiv, 24 November 1998. O. Turchynov, ‘The Shadow Economy and Shadow Politics’, Politichna Dumka, No.3–4 (1996), pp.75–87. P. Kubicek, ‘Post-Soviet Ukraine: In Search of a Constituency for Reform’, Journal of Communist Studies and Transition Politics, Vol.13, No.3 (1997), p.112. P. Kubicek, Unbroken Ties. The State, Interest Associations and Corporatism in Post-Soviet Ukraine (Ann Arbor, MI: University of Michigan Press, 2000), p.91. Also, Oleksandr Volkov was involved with the Union of Industrialists, being one of the 103dem05.qxd 03/07/03 14:43 Page 121 THE RISE OF THE UKRAI NI AN OLI GARC H S 50. 51. 52. 53. 54. Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 121 deputy presidents in the mid-1990s. G. Andrushchak et al., Khto e khto v Ukraini (Kyiv: KIS, 1997). For details on Volkov’s business activities see note 77 below. High officer of the Ukrainian Union of Industrialists and Entrepreneurs. Ukrainian Market Reform Education Programme, p.10. High officer of the Ukrainian Union of Industrialists and Entrepreneurs. Andrushchak et al., various entries. S. Birch, ‘Nomenklatura Democratization: Electoral Clientelism in Post-Soviet Ukraine’, Democratization, Vol.4, No.4 (1997), pp.40–62. For a more general analysis of the 1998 elections, see A. Wilson and S. Birch, ‘Voting Stability, Political Gridlock: Ukraine’s 1998 Parliamentary Elections’, Europe–Asia Studies, Vol.51, No.6 (1999), pp.1039–68; for an overview of the 1998 and 1999 elections, see P. Kubicek, ‘The Limits of Electoral Democracy in Ukraine’, Democratization, Vol.8, No.2 (2001), pp.117–39. A. Kovtun, ‘Banki uzhe vzyali’, Zerkalo Nedelii, No.7 (14–21 February 1998), p.1. Inna Pidluska, director of the Ukrainian Centre for Independent Political Research, Kyiv, interview with the author, Kyiv, 31 October 1998. ‘They cannot establish rules only for themselves, and if they push on legislation that cuts down taxes everybody will benefit, if they adopt more liberal economic rules everybody will benefit, even though they are mainly guided by their own interests’. Ibid. ‘Business promotion’ had prompted candidates to pay as much as $1 million in a single mandate district to obtain a parliamentary seat. M. Tomenk, ‘Returns of the Recent Parliamentary Elections in Ukraine’, Politichna Dumka, No.2 (1998), pp.113–26. ‘Pochemu predpriminatelei idut v politicu?’, Kompanyon, No.47 (1998), pp.8–9. On the establishment of a presidential system in Ukraine see A. Wilson, ‘Ukraine: Two Presidents and Their Powers’, in R. Taras (ed.), Postcommunist Presidents (Cambridge: Cambridge University Press, 1997), pp.67–106. In December 1996 the parliament amended the existing legislation and made the fund accountable to the parliament. Kuchma vetoed the amended law and made the fund responsible to the president through the Cabinet of Ministers. The final law approved by the parliament placed the fund ‘under operative subordination’ of the Cabinet and made it accountable to the parliament. Charles R. Wise and Trevor L. Brown, ‘The Separation of Powers in Ukraine’, Communist and Post-Communist Studies, Vol.32, No.1 (1999), p.40 and idem, ‘The Consolidation of Democracy in Ukraine’, Democratization, Vol.5, No.1 (1998), pp.116–37. I. Maskalevich, ‘Privatizatsiya energetiki: Iskusstvo petch bliny’, Zerkalo Nedelii, No.6 (7 February 1998), p.9. Kompanyon No.47 (1998). Turchynov. L.I. Shelley, ‘Organised Crime and Corruption in Ukraine: Impediments to the Development of a Free Market Economy’, Demokratisatsiya (Fall 1998), pp.648–63. A short version of this article is available on <http://www.worldbank.org/transitionnewsletter/janfeb99/pgs67.htm>. S. Belashko, ‘Osnovnymi pretendentami na vlast’ ostayutsya “Partii Vlasti”’, Kompanyon, No.1–2 (1998), pp.6–7. Turchynov. High officer of the Ukrainian Union of Industrialists and Entrepreneurs. D. Voloshin, ‘Legendy i byli Dnepropetrovskogo klana’, Delovaya Nedelya, No.5 (1997), p.9. Ukrainian Centre for Independent Political Research, The Dinipropetrovsk Family (Kyiv: UCIPR, 1997), p.21. The ‘father’ of the Dnipropetrovsk family was Leonid Brezhnev. He was politically brought up in Dnipropetrovsk and graduated from the Dnipropetrovsk Metallurgical Institute, which, for the large number of cadres it provided to the Soviet Union, has been ironically compared 103dem05.qxd 03/07/03 Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 122 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 14:43 Page 122 D E M O C R AT I Z AT I O N to America’s Yale, Harvard and Princeton. With Brezhnev the structure of the regional clan acquired a double significance. For regional elites, it became an instrument to press for participation in the management of the country, while for the general secretary it was a means to consolidate his power base. In his 18 years at the top of the Soviet state, Brezhnev used his native region as a ‘private patronage reserve’. By pooling in the capital cadres from Dnipropetrovsk he ensured himself support for his policy initiatives within the bureaucracies responsible for implementing them, and at the same time counterbalanced the influence of his political opponents. Evidence of his strategy lies in the fact that the number of Central Committee members coming from the region increased from two in 1956 to 13 in 1976. Thanks to the strength of its military–industrial complex, the region’s position was also amplified in the internal balance of power in Ukraine. As was revealed in a 1990 report of the Communist Party of the Soviet Union Central Committee, 53 per cent of the Ukrainian executive officials were originally from Dnipropetrovsk. J.C. Moses, ‘Regional Cohorts and Political Mobility in the USSR: The Case of Dnepropetrovsk’, Soviet Union/Union Sovietique, Vol.3, No.1 (1976), pp.63–89, and Ukrainian Centre for Independent Political Research., p.3. Ibid., pp.212–14. T. Ivzhenko, ‘Ne Nashe ‘Delo’, Kompanyon, No.24 (1997), pp.11–12. Voloshin. Lazarenko was convicted on charges of money laundering by a Swiss court, which confiscated $6.6 million from his Swiss bank accounts. He was also given an 18-month suspended prison term by a US court for the laundering of $114 million stolen while in office. Reuters, 30 June 2000. Goncharenko. S. Belashko, Partya, Vlast’ i Biznes, Kompanyon, No.48 (1998), pp.8–11. I. Pidluska and S. Kononchuk, Dilova elita Ukrainy, Part 1, Parliament (Kyiv: UNTsPD, 2000), pp.264–6. Both Volkov and Baikai rank among the most powerful oligarchs. Very close to President Kuchma, they were both involved in large financial scandals. Volkov, for example, had $3 million in assets frozen by the Belgian police, he was head of a Fund for Social Defence through which government subsidies were channelled to loss-making banks, like Ukrayina. Volkov and Bakai’s names were included in a list of people that the US authorities presented to President Kuchma urging that they were barred from policy making. Financial Times, 11 February 2000. In January 2002 the Ukrainian prosecutor-general opened an investigation against Volkov and Baikai. They who were suspended from their parliamentary mandates for opening illegal bank accounts in Switzerland. RFE/RL, 12 January 2002. For a detailed account of SDP activities, S. Rakhmanin and Yu. Mostovaya, ‘Ukrainian Political Parties. Part IV. The Social Democratic Party (United)’, Zerkalo Nedeli, No.10, 16–22 March 2002, available on the internet at <http://www.mirrorweekly.com/ie/show/385/34166>. T. Ivzhenko, ‘Klubok Interesov’, Kompanyon, No.48 (1998), pp.14–16 Zerkalo Nedelii, No.43 (24 October 1998), p.4. T. Ivzhenko, ‘Nasha Marka’, Kompanyon, No.44 (1998), pp.10–12. Kyiv Post, 30 October 1998, pp.1–2; T. Ivzhenko, ‘Ne Nashe ‘Delo’. S. Belashko, Partya. Rakhmanin and Mostovaya. T. Ivzhenko, ‘Ne Nashe ‘Delo’. N. Kononenko and V. Denisenko, ‘Vliyaem, kak mozhem’, Kompanyon, No.51–52 (1998), pp.10–11. S. Holovaty,‘Ukraine at the Crossroad: Perspectives on Independence, Democracy, and Reform’, speech given at the annual meeting of the Trilateral Commission in Washington, DC, 1999. For a similar consideration on the role of the elections in Russian politics, see N. Robinson, 103dem05.qxd 03/07/03 14:43 Page 123 THE RISE OF THE UKRAI NI AN OLI GARC H S 123 ‘The Economy and the Prospects for Anti-democratic Development in Russia’, Europe–Asia Studies, Vol.52, No.8 (2000), pp.1391–1416. 92. Kyiv Post, 23 August 2001, available on the web at <http://www.kpnews.com/main/9539/>. 93. United Nations Development Programme, 2002 Human Development Report: Deepening Democracy in a Fragmented World, available on the web at <http://www.undp.org/ hdr2002/>, p.51. 94. Bratton and van de Walle. Downloaded By: [Fachhochschule Zentralschweiz] At: 10:19 24 November 2010 Manuscript accepted for publication August 2002.
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