The conflict between Mikhail Khodorkovsky, Russia's richest
businessman,
and the Russian prosecutor's office has cast a shadow over the country's
political and economic future. Nobody can yet predict the precise outcome
of the dispute that began with the arrest more than three weeks ago of
Platon Lebedev, one of Mr Khodorkovsky's partners in the Yukos oil group.
But the battle has raised disturbing questions about the exercise of state
power, the extent of economic freedom and the rule of law in President
Vladimir Putin's Russia.
Since taking over from Boris Yeltsin, his chaotic predecessor, Mr Putin
has
made political and economic stability a priority. To this end, he struck
a
informal deal with Mr Khodorkovsky and other politically powerful
businessmen - the so-called oligarchs - who had made their fortunes by
winning control of the country's natural resources in controversial
privatisations. The president pledged that if the oligarchs stayed out
of
politics, they could keep their wealth. For the past three years, Mr Putin
has kept the agreement. At home and abroad, the conviction grew that Russia
was an increasingly predictable place to invest.
But as the oligarchs' wealth soared, a few began to emerge from below
the
political parapet, especially Mr Khodorkovsky, who did everything from
financing political parties to making pronouncements on Russian foreign
policy. Mr Putin was certainly annoyed. While the Kremlin has denied that
the president explicitly authorised the prosecutors' actions against Mr
Khodorkovsky, the crackdown is unlikely to have happened without his prior
knowledge. As a former KGB officer, the president is by instinct a defender
of state power. But so are most of his bureaucrats, including those in
the
prosecutor's office.
It was they who launched the investigation that started with Mr Lebedev's
arrest for alleged fraud in a 1994 privatisation and was followed by a
spectacular raid on Yukos's offices by armed police. The probe has since
broadened to include alleged murders and attempted murders in the 1990s.
Mr
Khodorkovsky is among those who have been called for questioning.
Politically, there is much public support in Russia for attacking oligarchs
and redistributing their wealth. Many Russians say the country's 17 dollar
billionaires should shift at least some of their money to the 40m poor.
According to a recent opinion poll by Romir-Monitoring, an independent
pollster, a majority of Russians say the results of the 1990s
privatisations needs to be revised and support criminal prosecution of
the
oligarchs. Fully 88 per cent believe all big money in Russia has been
accumulated dishonestly.
The president's popularity rating has increased by 2 percentage points
this
month and now stands at 78 per cent. The pro-Kremlin United Russia party
has been running neck and neck with the Communist party and the latest
events could give it a lead. A public campaign against the country's top
oligarch could become a popular re-election card for both the president
and
his party. "Mr Putin must respect the opinion of his people, particularly
before the elections," says a senior Russian official.
But the economic price to be paid for these political gains could be
profound, if Russia's emerging reputation for stability is undermined.
For
the past three years Russia has been enjoying its strongest economic growth
in nearly a century. Output rose by a further 7.2 per cent in the first
half of this year. After a decade of draining capital overseas, Russian
business magnates have started bringing money back from offshore accounts
and investing in their own country. Foreign investors are starting to
make
big decisions, notably BP, the oil group, which this year committed Dollars
6.75bn to a joint venture.
But since Mr Lebedev's arrest on July 2, foreign portfolio investors
have
been fleeing the market, large foreign direct investors have become nervous
and in the past three weeks the Russian market has lost Dollars 20bn,
or 13
per cent of its value. Russia's central bank reserves fell Dollars 900m
in
the two weeks to July 18 - a sign, some economists fear, of renewed capital
flight. ING Barings, the Dutch investment bank, says in a report: "With
oil
prices still high and in the absence of irregular outflows or intervention,
reserves should have been up by some Dollars 800m. In other words the
net
shortfall in reserves is Dollars 1.7bn . . . Our conclusion is that the
fall in reserves represents the direct impact of concerns about property
rights as a result of the Yukos affair."
Yevgeny Yasin, a former economics minister, says: "The key factor
in
Russia's growth was not the devaluation of the rouble or even high oil
prices but improving the investment climate and the firm belief that the
government would not interfere in private business. The action against
Yukos suggests a change in a positive trend. If Russian businesses feel
uncertainty, the growth will stop."
Stephen O'Sullivan, head of research at United Financial Group, a
Moscow-based investment bank, agrees. "The perception is that the
risks in
Russia are going up. While this may not affect people who are already
invested because they have lived with Russia's ups and downs for some
time,
it will affect people who are thinking of investing in Russia."
Russia's fledgling small and medium-sized businesses are equally concerned
about the significance of the Kremlin's move on the oil giant. Sergei
Borisov, a representative of SMEs, said recently: "We are certain
that the
pursuit of big businesses will spread to SMEs. Today they have come for
Yukos. Tomorrow they will come for us."
Mr Khodorkovsky must have known for a long time that he was making himself
a target. After Boris Berezovsky and Vladimir Gusinsky, the two most
politically active oligarchs in the 1990s, were forced out of Russia under
Mr Putin, most other oligarchs have tried to keep a low profile and focus
on their businesses. One example is Vladimir Potanin, the head of Norilsk
Nickel. Another is Mikhail Fridman, who has "insured" himself
against
political attack by selling half the shares in TNK, his company, to BP.
But Mr Khodorkovsky proceeded on his own, trying to create a huge
independent oil company that would be too big to touch. Earlier this year,
he launched a friendly takeover of the Sibneft oil company that would
make
Yukos the largest oil company in Russia and the fourth largest in the
world, after BP, Shell and Exxon. He gave money lavishly to charitable
causes, including museums, hospital and universities, in Russia and in
the
west. He financed two liberal parties - Yabloko and the Union of Right
Forces - and talked privately of constitutional reform, including replacing
the presidency with a parliamentary republic. More significantly, he has
acquired influence in the Duma, the influential lower house of parliament,
securing a say, for example, in questions on the taxation of natural
resources.
This was evident during recent negotiations between Yukos and the finance
ministry over tax rates on natural resources. "Khodorkovsky refused
any
compromises that were offered to him," one senior politician says.
"This
was not a question of money - what is Dollars 70m a year in oil tax to
Yukos? But he wanted to flex his muscles and show how strong he was."
The clearest warning that Mr Khodorkovsky was making himself vulnerable
to
attack came in December when Mr Putin met a group of Russian business
leaders to talk about corruption. Mr Khodorkovsky gave a speech that in
effect accused bureaucrats and tax collectors of corruption. Mr Putin's
reply was quick and sharp. "I put the ball back in your court,"
he told Mr
Khodorkovsky.
Despite that warning "to shut up and sit down", as one investor
puts it, Mr
Khodorkovsky continued to confront the Kremlin. He publicly criticised
Russia's foreign policy over Iraq, and courted the US political and
business elite. This personal foreign policy, however, may have backfired
when a senior US diplomat this month expressed his concern about the Yukos
affair. "The fact that Khodorkovsky ran crying to the Americans really
irritated Putin," one Russian politician observes. "I had never
seen him so
angry."
Mr Khodorkovsky attained a degree of independence that was unprecedented
in
Russia and that increasing numbers of bureaucrats could no longer stomach.
As Igor Bunin, head of the Centre for Political Technologies, a Moscow
think-tank, says: "He started seeking legitimacy not only in the
eyes of
investors but also in the eyes of Russian society at large. He tried to
break out of the old oligarchic circle and started to behave as a
businessman of a new formation, independent of the state." o far,
the
prosecutors' attack has been confined to Yukos. Both Mr Putin and Mikhail
Kasyanov, prime minister, have sought to reassure investors that a revision
of privatisation is out of the question. But in a country that for most
of
the 20th century was ruled by fear, a threatening action of this kind
has
widespread effects. "We are a country with a totalitarian past and
as soon
as there is a signal to be scared everybody is scared," says Mr Yasin.
"Everyone realises that he could be next in line."
Virtually all the oligarchs are vulnerable to similar investigations,
because they too have skeletons in their cupboards from the chaotic years
of the 1990s. As Mr Yasin puts it: "We don't have angels among the
oligarchs."
Kiril Rogov, a Moscow political analyst, says the choice of Yukos, Russia's
largest and most powerful oil company, as a target is not accidental.
"The prosecutor's office, and those who stand behind it, had picked
on
Yukos precisely because it is the biggest, the most powerful and most
transparent Russian company, with the largest number of foreign
shareholders. It is designed to show that if they can break Yukos and
Mr
Khodorkovsky, they can break anyone in this country."
Mr Putin's own views on breaking Yukos are unclear. However, since he
took
office he has been a strong defender of state power. He has re- asserted
Kremlin control over Gazprom, the gas monopoly, Russia's most powerful
company, retained Sberbank, the state-controlled bank's dominant role
in
banking, and tried to restrain provincial governors who secured great
freedom under Mr Yeltsin. He has also curbed independent television
broadcasting.
Within his administration, Mr Putin has promoted former colleagues from
the
Federal Security Service (FSB, the successor to the KGB) to important
posts. It is possible that these men, with their links to the prosecutor's
office, are now trying to increase their influence with the assault on
Yukos. Lilia Shevtsova, a senior associate at the Moscow Carnegie Centre,
a
think-tank, thinks so: "The actions of the prosecutor-general's office
are
evidently the work of the security men eager to reassert their power in
the
country. Putin must rein them back if he wants to preserve stability."
However, in Mr Putin's administration the influence of the ex-security
services men is balanced by a long-serving team of Kremlin officials who
worked for president Yeltsin and are still in place, including Alexander
Voloshin, the head of the presidential administration, and Mr Kasyanov.
Some of these officials have close links with the oligarchs. The president
is also served by a team of free-market oriented reformers, such as German
Gref, the economy minister.
For the moment, if Ms Shevtsova is right, the former KGB men have the
upper
hand. But much depends on how far Mr Putin chooses to let them pursue
Mr
Khodorkovsky.
Some good may yet come from the conflict. Mr Putin may decide that once
the
prosecutors have given the oligarchs a good fright, they may become more
willing to accept at least some wealth redistribution, for example through
tax reform. Many Russians would like to see the rich paying higher taxes
to
help tackle poverty and under-investment in public services. Some oligarchs
may decide that higher taxes could be a price worth paying for greater
social stability.
If Russia is to make a transition into a fully functioning market economy,
it must reduce the concentration of capital in oligarchs' hands by encouraging
entrepreneurs and foreign investment. Grigory
Yavlinsky, leader of Yabloko, says: "Oligarchy is a real problem
for Russia and has a colossal negative impact on the economy. The system
must be dismantled - but not by destroying the investment climate."
But there are serious political dangers in the way the authorities have
pursued Yukos. The officials responsible for the attack have demonstrated
that the state in Russia will share its political powers with independent
forces unwillingly, if at all. As Mr Yasin says: "We have never had
businesses independent of the state in this country. Yukos is just one
example of a struggle between private business and the state. But the
state
will always win, because it has the army on its side."
The state's hand is greatly strengthened by the fact that Russia's economic
wealth is based on natural resources, which lend themselves to central
control. Many countries have struggled to develop genuinely liberal market
economies on such a basis - or genuine multi-party democracies.
See also:
YUKOS
Case
|