“ A N Y T H I N G G O E S ”M A T T H E W G R U S Z K A

RUSSIA’S LEGAL SYSTEM

PUTIN’S POWER

• Treats the “judicial” system the same way he treats these billionaires:• https://www.youtube.com/watch?v=VjrlTMvirVo

NEW JUDICIAL SYSTEM

• Mikhail Gorbachev “rule-of-law–based state”• Putin + Medvedev “supremacy of the law”• Just rhetoric

• In the end• The well-known adage in Russia, “It is forbidden, but if

you really want to do it, then go ahead” (eto nel’zya, no esli ochen’ khochetsya, to mozhno),

SOVIET ERA CORRUPTION CONTINUES

• Russian people are used to this sort of corruption• Today in the Kremlin: “Anything goes”• Constitutional Court—never goes against Putin

but is supposed to rule if actions are Constitutional• Disagree with Putin Off to St. Petersburg

• Get around the law—oboiti—well known practice• Corruption + bribery• Commonplace

LEGAL DUALISM

• 1. Law=power• Tsars and Communist leaders used it as an instrument• USSR—convicted those that threatened the state + the

leaders themselves blurred line• Branded as “enemies of the people”

• 2. Bend the law with connections (favors)• Russian term: “blat”• Old way of looking for connections to handle matters… the

law is malleable

DUALISM EFFECT

• Combination of these two: dealing with the economy• Padding reports to make them more favorable to

superiors• Party OK with this until they no longer want that manager,

use “over-looked” evidence to get rid of the manager

• Also called “telephone law”• Amount of connections= how much the law applies to

you

RUSSIAN PEOPLE’S ATTITUDE

• “How the fish rots”—at the head• Many people realize the corruption starts at the top

• However, Medvedev says there is a “legal nihilism” in society• Citizens—reluctant/ unwilling to demand change• Opposing view: Citizens have grown weary + witness their

leaders disregard for the law

• Recently—attempts to go to Strasbourg for European Court of Human Rights• Most Russians do not know about this, however.

KATHRYN HENDLEY’S STUDY

• Many agree that most big trials are “show trials” decided by “telephone law” (secret agreements)

• One student: “"It is easier to frighten all of Russia through one show trial than to earn their trust."

• Many believe the state can manufacture a case to serve its own purposes

• Another comment about the people’s logic: “If it doesn't affect them directly, then they don't care about it."

HER GENERAL CONCLUSIONS

• The dualism, connections + Russian outlook cause most of these situations to end up against the people• Housing Law• Administrative Law• Environmental damage

• Pension Law

• Many citizens sought to avoid legal system all together• “Paying a bribe or drawing on powerful connections is quicker and

easier than working through formal legal channels”• Hesitant to challenge those that more powerful

• Few connections no lawyers• Telephone law irrelevant for ordinary Russians• However, a better education and better understanding of

the law more likely to trust it

KEY TERMS/FACTS

• Oboiti—get around the law • Dualism• 1.power• 2. connections are very important

• Corruption still rampant—Soviet era based• The people—most unwilling, some know• Blat: Russian term for bending the law with

connections • Putin In charge

• Questions?