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Corruptive legal consciousness

Sergei Mitrokhins blog at the Echo Moskvi web-site
September 18, 2009

Yesterday I made a speech at the State Duma hearings devoted to the problems of city building.

The main idea of my speech was as follows: the notorious vertical of power is the main source of corruption today.

The modern state President Medvedev is dreaming about does not imply only the vertical of the executive power, it should also imply horizontal of control over the executive by the legislative and the judicial power.

When such a horizontal is lacking, we have an archaic and weak state, or a corrupt state, to put it shortly, instead of a modern and strong state.

I told this to Dmitry Medvedev during our meeting on June 11.

The term modern state shifted from that discussion to the topic of the conference in Yaroslavl. The term shifted, however, the mechanisms of democratic governing I was speaking about did not.

And with the help of simple examples I had to explain to the leaders of the State Duma leaders, Zyuganov and Zhirinovsky how an uncontrolled vertical of power boosts corruption. It is very simple: via the laws they adopt in the Duma. These laws give bureaucrats the right to uncontrollably dispose of colossal financial and material resources.

First I shall speak about these material resources.

The land. The City Building Code allows to approve schemes of territorial planning developed by the executive authorities of regions and municipalities without any control on behalf of the representative bodies; whereas undivided plots of land can be transferred into private property without any tenders i.e. without transparency who gets them and for what price. It is clear that some bureaucrats will get their remuneration from this.

All this turns into a black redistribution of land and absolutely open raiders attacks. The victims are ordinary citizens who get rid of park and gardens, childrens and sporting plots, as well as historical buildings of the old cities. (The country has been literally loosing its history. And where have you been Duma patriots?)

Now about the state budget resources, an example from the Budget Code.

There is an article in the Budget Code envisaging a possibility to demand all the book-keeping reports from organisations receiving financial aid from budgets of all the levels. It should be noted that it is only a possibility and not an obligation. They may demand that such information is revealed or may not demand it. When banks were queuing for budget funds under the pretext of a crisis they did not demand it. And the aid simply vanished rather than helped the real sector. And now it comes out that that the banks were OK without this aid. They simply distributed money as usually between their close collaborates.

So a simple replacement of the word can by the word must in about twenty laws will reduce corruption by hundreds of times, more than any recently established anticorruption commissions and structures could do.

Russian corruption represents a violation of law by only 10%, as it is by 90% conditioned by these laws.

Back in Soviet times they wrote the laws keeping in mind the revolutionary legal consciousness. The present authorities do it proceeding from corruptive legal consciousness.

In these conditions a fight against corruption can be compared with the following attempt to save a sinking shift: water is flowing via holes in the board sides, however the crew somehow neglects this continuing baling the water out of the ships hold with a sieve.

Maybe the Russian economy, as [Finance Minister] Kudrin says, has reached the bottom of the crisis and pushed upwards, but such a ship will sink sooner or later anyway.

See also:
the original (Sergei Mitrokhin's blog at Echo Moskvi web-site)

Anti-Crisis Proposals of the Russian United Democratic Party YABLOKO. Handed to President Medvedev by Sergei Mitrokhin on June 11, 2009



Sergei Mitrokhins blog at the Echo Moskvi web-site
September 15, 2009