Western leaders have been hoping and praying that Dmitri Medvedev will be more “liberal” in foreign and domestic policy. According to a LexisNexis search the new President elect’s name is often followed with words like “liberal,” “liberal instincts,” “liberal inclinations,” and the like. It’s not that Medvedev hasn’t given Westerners any reason to hope. Take this exchange from Medvedev’s 18 February interview with Itogi for example:
But now we will soon have a new holiday, the Day of the Lawyer. If only it could help create the rule of law.
I agree. To overcome the legal nihilism preventing the country from developing harmoniously is a long and difficult job. As it turned out, to establish a workable model of a market economy is much easier than laying the foundations of a state in which people respect the letter of the law. This is another demonstration of the thesis that democracy cannot occur in any given place after two or three years. It requires painstaking, persistent work to improve the legal and political system. Of course, one can not forget the distinctive characteristics of the Russian situation. You know, justice has always relied on a mechanism for enforcing its implementation, some kind of public stick. But if it is not based on a set of moral imperatives, on internal convictions and moral principles, if it simply aspires to the crude power of a punitive machine, then the structure it creates will be flawed and ineffective. In the nineteenth century, the Russian government was far from perfect but it was a developed system based on a set of moral and religious values. In the twentieth century, the second part of this disappeared: people were deprived of their faith in God and the state came to demonstrate either naked coercion, which at times was extremely cruel indeed, or weakness and complete failure. These are both equally bad. We all remember what the well known doctrines of the thirties and forties led to, when the talk was of class dictatorship and the presumption of guilt in criminal trials. This helped resolve some tactical problems, but in the long-term planted a time-bomb that ended the very existence of the Soviet state. You have to feel what justice is, accept it voluntarily, not obey it in some insanely prostrate way. The explosion was inevitable, it would have happened sooner or later. People rushed to the other extreme and took to systematically breaking laws. This is what happened in the nineties.
Do you think that the current system of justice is better?
Though based on quite good, solid regulatory framework, our judicial system continues to function, getting its bearings from old traditions. Disregard for the law in various sectors of society remains widespread. Until we change people’s attitudes, until we convince them there is only one law and no one is above it, there will be no change for the better. The strength of the rule of law consists in the fact that no one can influence it. Neither pressure from various authorities, including the most powerful, nor pressure from business nor social forces. Justice should be in harmony with all the participants in this process, and refuse to cave in to anyone.
These are fine words, Dmitry Anatolyevich, but how can they be put into practice?
You can start small. For example, recommend that judges at all levels keep to a minimum all contact with businessmen and even representatives of public services. To retain maximum independence and objectivity.
You can’t put people in a cage.
You don’t have to. It’s enough if you can completely eliminate the personal factor. The more faceless the legal machinery becomes, the stronger it is. I am absolutely convinced of this.
I guess we will have to see which Medvedev Russia and the world will get. Instead of getting to carried away with liberal fantasies, perhaps we should take heed of what Putin told reporters in regard to how his protege might approach foreign policy:
“I have the feeling that some of our partners cannot wait for me to stop exercising my powers so that they can deal with another person. I am long accustomed to the label by which it is difficult to work with a former KGB agent. Dmitry Medvedev will be free from having to prove his liberal views. But he is no less of a Russian nationalist than me, in the good sense of the word, and I do not think our partners will have it easier with him.”
Oh yeah that. Nationalism. No matter how liberal Medvedev may seem, if anyone thinks he’s going to go against Russia’s short and long term national interests, or more importantly, against the interests of Russia’s elite class, then keep dreaming.
Plus Medvedev has more pressing issues at hand. First and foremost is to establish his own power base in the Kremlin and in Russia’s regions. That process is already starting. Medvedev doesn’t official become president until early May, yet yesterday Putin ordered that the presidential administration to begin working for Medvedev, along with giving him a presidential level security detail. The Moscow Times is speculating that one of Medvedev’s first moves will be to fire the current cabinet and put his own guys in power. Potential members of Medvedev’s “clan” are his former law school chums from Leningrad State University. They include Anton Ivanov, chairman of the Supreme Arbitration Court; Ilya Yeliseyev, deputy chairman of Gazprombank; Konstantin Chuichenko, head of Gazprom’s legal department; and Nikolai Vinnichenko, head of the Court Marshals Service. This group is already being dubbed as the “civiliki.” All of these guys have come up on Medvedev’s tail. For example, between March 2001and March 2005, Chuichenko went from heading Gazprom’s legal department to being elected to the supervisory board of Sibneft. The others on this list shot up to important positions in media, energy, and the legal system. And the ride on Medvedev’s tail brought others riding on the civiliki tails. Such is the nature of Russian “networkism,” as Alena Ledeneva told Graham Stack in December. The question now becomes whether there will be a clash between Medvedev’s clan of civiliki and the siloviki.
If establishing a base in the Kremlin was difficult enough, it appears that he will have to do the same in Russia’s regions. Andrei Serenko’s recent article in Nezavisimaya gazeta, “Revenge from the Underground,” is a good example of what Medvedev might face. Serenko notes that the Presidential elections produced cleavages between provincial political elites. In Volgograd, for example, elites split into a “high turnout party” and a “low turn out party.” The former, mostly comprising of governors and mayors, saw the election as a test of their “professional aptitude and administrative effectiveness.” Translated, regional leaders saw high turnouts as a way to demonstrate their loyalty to the center, and specifically Putin’s choice, Medvedev. The latter are those elites’ local rivals. The “low turnout party” were those who recently lost power to the local political bosses and now seek to exact “administrative revenge.” The hope was that lower numbers for Medvedev would give the “low turnout party” a way to discredit their rivals in Moscow’s eyes.
As Dmitri Savelev, the director of the Institute for Effective Government, told Serenko, an “administrative partisan movement” has arisen in Russia’s Central and Souther provinces bent on returning ousted “old elites” to power. One way to do this was by messing with Medvedev’s local returns. The “Yarolsav opposition,” for example, tried to discredit their rivals by “intentionally discrediting the numbers of [Yaroslav] Governor Bakhukov and lowering the electoral returns for Dmitri Medvedev in the region to 30 percent, and at the same time increasing the returns for Liberal Democratic Party to 20 percent and more.” It doesn’t seem like the Yaroslav “low turn out party” was very successful. Returns show that Medvedev got 63 percent compared to Zhirinovsky’s 13 percent. In the Duma elections (also held on March 2), United Russia got 49 percent compared to LDPR’s 13 percent.
This doesn’t mean that Medvedev isn’t going to have to reestablish central control. As Serenko concludes, while regional leaders formed a united front for December’s Duma elections, the presidential election has “intensified competition among various groups of regional elites, thereby shaking the stability of the regional political system which was formed during the rule of Vladimir Putin. It’s obvious that the task of restoring this stability will be one of the priorities for Dmitri Medvedev’s administration.”
Taming the center and the periphery. Sounds like Dima already has a lot on his plate even before he actually gets to sit at the table. And people wonder why Putin is sticking around as Prime Minister.