#17 - JRL 2008-121 - JRL Home
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Eurasia Daily Monitor
Volume 5, Number 121
June 25, 2008
Skeptics highlight obstacles to anti-corruption drive
INVESTIGATIVE COMMITTEE UNVEILS “CONCEPTUAL DESIGN” FOR FIGHT AGAINST CORRUPTION
By Jonas Bernstein
Work on the national anti-corruption plan recently ordered by President
Dmitry Medvedev (see EDM, June 18, May 21 and 28) is moving ahead. A spokesman
for the Investigative Committee of the Prosecutor General’s Office (SKP),
Vladimir Markin, told Interfax on June 25 that the SKP had elaborated and
forwarded to the president’s National Anti-Corruption Council a “conceptual
design” for the national anti-corruption plan. This conceptual design, he said,
described the conditions that contributed to corruption and the corresponding
measures to combat it. “The conception includes blocks characterizing the
conditions that contribute to the appearance and growth of corruption, the main
principles of state policy in the sphere of counteracting corruption, issues of
organizing work for counteracting corruption, domestic and international
experience in the fight against corruption, a mechanism for realizing the
conception and a number of other provisions,” Markin told the news agency.
Noting that existing legislation did not include a “normative definition of
corruption,” Markin said the SKP’s conceptual design envisaged a “systematic
analysis” of current and draft legislation; improving the “legislative base” and
bringing it in line with international standards and international agreements
ratified by Russia; simplifying procedures for bringing officials who have
immunity from prosecution to account; sharing anti-corruption knowledge and
methods for exposing and assessing the level of corruption of public servants;
and training specialists to expose corruption in all spheres of the state
apparatus (including law-enforcement and judicial bodies).
Markin added that in order to realize these goals, the SKP’s approach called
for measures aimed at “strengthening the ‘transparency’ of the activities of
governmental bodies,” methods for ensuring that citizens’ complaints about
corruption got a “qualified” and “objective” hearing and were acted on, a system
of “incentives and protections” for citizens who provide reliable information
about acts of corruption, and incentives designed to stimulate “anti-corruption
behavior” among public servants.
In addition, said Markin, the SKP’s anti-corruption concept stated that
public servants should receive salaries and benefits that “stimulate
conscientious work and guarantee high prestige” both during their careers and in
retirement. It also calls for a system of controls, including “technical”
controls, over public servants aimed at warning about and preventing potential
violations and abuses. These controls, Markin said, would include “financial
control” of the income and expenditures of public servants and members of their
families (Interfax, June 25).
Meanwhile, the newspaper Gazeta quoted Maksim Parshin, deputy director of the
Ministry of Economic Development and Trade’s department for state regulation in
the economy, as saying that the government was setting up a system under which
every order and resolution issued by the government, including those already
issued, would be checked by a team of experts to ensure that they did not
contain loopholes that could be exploited for corrupt purposes. In the budget
message to the government and parliament, which he signed on June 23 and which
contains the main directions of budgetary policy for period from 2009 to 2011,
President Medvedev indicated that he intended to close off another avenue for
corruption. “In a number of cases, a practice has developed of levying all kinds
of fees on the population for services guaranteed by the state and already paid
for by the budget,” Medvedev said in the budget message. Gazeta noted that while
the president did not cite concrete examples, “practically every Russian citizen
could easily share a negative experience of dealing with bodies of power at any
level” (Gazeta, June 25).
While Medvedev’s anti-corruption campaign is gaining momentum, some observers
continue to express skepticism about its prospects for success. The reasons for
this include the fact that anti-corruption drives are conducted from the top
downward and there is a lack of emphasis on genuinely democratic checks and
balances, including those provided by a free and independent press and an
independent judiciary.
“Without free media the fight against corruption is impossible,” said Yelena
Panfilova, head of the Russia office of Transparency International. “An official
must understand that if revelatory material appears about him in the press, then
a more worthy candidate will be chosen in his place. Our judges must be
independent. And judges must be protected but at the same time bear
responsibility for unlawful decisions. The fight against corruption requires
income declarations from all officials and their families–from everyone who has
the opportunity to convert his signature into money. At present, no one is
seriously examining the declarations of officials--for example, for the
existence of assets abroad--or keeping track of how a decision by an official
affects his relatives’ business” (Gazeta, June 25).
Medvedev has called for an independent judicial system; and hopes for
judicial reform were stirred last month when Yelena Valyavina, first deputy
chairman of the Supreme Arbitration Court, stated publicly that the Kremlin had
pressured and threatened the Russian judiciary to secure favorable rulings. The
Supreme Arbitration Court’s chairman, Anton Ivanov, is a long-time associate of
Medvedev (Washington Post, June 9).
Still, another Supreme Arbitration Court judge, Tatyana Neshataeva, stressed
just how hard it would be to reform the judicial system. “It is difficult to be
independent; not everyone can endure it,” she told a roundtable discussion at
Moscow’s Institute of Contemporary Development on June 24. “The main reason why
we cannot achieve independent courts is institutional. The internal construction
of power is created according to the principle of execution and subordination;
there is no legislative basis for these structures asserting independence. And
the coming reform will change nothing, because it is a problem of mentality.
Everyone wants to be a boss. Even the most democratic people who, when they find
themselves in power, change, because it is all very sweet--the car, the flashing
light [on top of the car], the position, giving orders. Man is a biological
creature: he cannot resist this and he will always be suppressing others. That
is precisely why those who will be doing the reform will not permit the courts
to be independent” (Vremya novostei, June 25).
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