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Corruption in Russia: Historical and Ethical Perspective
Transcript of Corruption in Russia: Historical and Ethical Perspective
Patricio Aclan Three Types of Criminal Offenses The Beginning of the Corruption Reason for Statistics Differences Police and Legal Prosecutors were unorganized
Crime-rate statistics have fallen
The Criminal Code is unsuitable. Formal Rules
Enforcement Douglas North`s Theory about Social Institutions Legal Nihilism Bribery
Abuse of Power Corruption Table 1 - Provided by the Russian Mass Media Table 2 - Provided by the Transparency International (NGO) The Corruption Rate in Table 1 provided by the mass media is less accurate then Table 2; provided by an NGO.
Why? Corruption occurred during the systemic transformation in Russia. Increased Crime Defects in Formal Rules Under performing Lack of Governmental Budget Law Enforcement
Law Courts Law is a pole of a cart, you handle it as you like Common Russian proverbs
illustrating the distrust of law and courts Wherever there is law, there is also untruth Wherever there is a law court, there is also untruth Even if you go to court, you cannot find justice there Fed up with lawsuits, reconciliation is the best We don`t fear trial, but fear a judge Like a duck`s stomach, it is difficult to fill up a judge`s pockets What is good for a judge is good for his pockets Into a court wearing a coat, out of the court without a shred of clothing on Reason for the Distrust of Law The Tsarist system it was disorganized,
brutal and corrupt.
Everything was organized class based,
separate courts and punishment for nobility,
clergy, the urban population and peasantry.
The intellectual and moral level
of the judges was low and ineffective.
Bribery was almost universal. Police and Judicial System Roberto Unger Second Aspect of Legal Nihilism Customary or Interactional Law
- Naturally evolves, due to human interactions within a community.
(Like in Western Europe)
Bureaucratic or Regulatory Law
- Formed throught the vertical relationship of order and obidence within power relations of a state.
Legal Order or Legal System Unger says that any structure of law in society can be explained as a combination of these three types of laws He classified human mentality in three sub-groups. Yoshiyuki Noda Theory Russia's economy couldn't develop! Toshio Morishita Due to this the citizens were not able to establish internal order (Costumery and Interactional Laws) and laws including criminal law had to establish regulations in order to keep peace in society. Further on in 1985, Soviets legal system was based on Criminal Law. 15 judges in civil division,
73 judges in the criminal division
of the Russian supreme court Nomadic Type
Agrarian (Combination of Both) Agrarian society is spontaneously evolved like crops, naturaly.
In such society, social norms are not necessarily needed. Usually a type of orderly and peaceful society. Noda`s theory of Russia is mixed between Western Culture which is more Nomadic
and East-Asia with the Agricultural type.
If we accept Noda`s theory
then Russia`s society is Agrigarian. Law was extremely hard to codify.
Peter the Great ordered to codify the laws, there were more then ten attempts. Ended in Failure.
The Autocracy system did not take laws seriously and may be natural that people assumed the same attitude.
No wonder people have bribes to judges to recieve favourable decisions, since law was ignored at that time.
Many argue that they put moral principles ahead of law Third Aspect of "Nihilism" A society would not come into existence without some form of ethical system. Ethical Dualism concerning Governmental Corruption Thomas Owen, describes Russia`s economical ethics in the 19th Century by: Different morals were applied inside and outside the community.
Credit system was still in a rudimentary stage and most trade was conducted in cash, explains the distrust of outsiders. Most of the activities in the villages were regulated by unofficial terms, which jurists termed common law or costum. Same moral code applied
on the peasents.
Stealing, harming, cutting out wood from the commune, neighbours or relative was immoral. To decieve or harm any Government officials property
or abuse a Landlord was morally right. Max Weber`s Explanation About Such a Moral Duality Morals that were based on solidarity
and familial-communist principles within
a community were "internal morals". Developement of division of labour and exchange enlarged the extent of economics negotiations beyond the community. Communist principles no longer held good in this domain and "external morals" whereby and kind of behaviour could be tolerated from an utter stranger became dominant. Norm Consciousness and Economic Development The norm consciousness which could lead to the personalization of trade is not suitable to the demands of the market. Transaction costs tends to be high, makes the realization difficult of an efficient market economy Economic development is not consistent with corruption. Corruption and Human development Trust is essential Francis Fukuyuma The level of trust of a social group in other groups of various countries.
The degree of trust has profound influence.
He does not explicitly name Russia.
Russian mentality of legal nihilism and ethical dualism
Culture is difficult and slow to change Russians people's attitudes towards law Richard Rose 71% Rechtsstaat
They don't want Russia to be one
62% Excessively harsh on ordinary people.
73% The harshness can be softened by not complying with it. Russia's Economic Growth There has been times of powerful economic development 19th to 20th century
1930s to 1950s
Characterized by norm enforcement.
Russian officials in Soviet times.
Under the guidance of Stalin. Do You Think Governmental Corruption Exists In Your Country?!
If So, How Does It Defer To Russia`s Corruption? Certain level of authoritarian regime or law enforcement. What does that means? "Kormlenie" Let's explain it through three aspects! Beginning of bribery - Tsarist Russian law, just a harsh control over population
- Laws created by despotic authorities, no codified, incomplete Distrusted Not for the best of every Russian No codified laws, very incomplete old laws and not promulgated ETHICAL DUALISM Dualism means two in Latin and it denotes a state of two parts. Dualism can refer to moral dualism, for example the conflict between good and evil. The boundary between good and evil in any particular society is relative to that society (every society will define that boundary in different ways.) But the case of Russia is a very good example because the Russian society due to tradition and other factors is taken as normal to do certain activities that are not good and ethical but that for them are normal in their day to day lives, so they see them as good, in other countries the same activity will be seen as bad. WHAT IS GOOD AND BAD? The reason is on the one hand, man is rational. He can abstract from sense experience and discover natural laws. On the other hand, man is also irrational. There is an inborn trait to self-destruct, to live by passions like anger or envy. REASON . An example is the government corruption going on in Russia, and more specific the case of the Russian Police which accept bribes from citizens and sometimes they ask for them when a bad action has been committed. That activity is accepted by the Russians because they prefer to pay the police rather than paying fines which at the end will be more expensive, but why do the Russian police do this? Because of the low salary, because it is an old tradition in their system and it works for them, because everyone does it and they feel stupid if they don’t, why?