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Nezavisimaya Gazeta, July 27, 2004

Compensation Instead of Revision
The Oligarchs Should Share the “Windfall” Profit with the State

By Sergei Mitrokhin
The recent attacks by government officials on big business split Russian society into two uneven parts. The malicious majority is delighted at what it considers to be the beginning of the restoration of fairness. An alarmed minority fears acts of repression which are unpredictable in terms of their scale and duration. Politicians and experts are forming ranks, either attacking or defending the oligarchs. We see a harsh clash of two ideologies, each of which (as is the way with ideologies) is strong in "truth", but vulnerable when checked against obvious facts.

The "truth" on the attacking side is that the privatization results are definitely unfair, and that these abuses were committed during privatization, some of them criminal. The oligarchs' control over many government decisions has truly grown to ominous proportions. However, the vulnerable point of these "privatization avengers" is that their actions are backed by the interests of apparatus clans seeking to redistribute property to benefit other oligarchs. The government's actions are both selective and unfair, reminiscent of something halfway between a political hit and a crime world shakeout; which will result in the collapse of the Russian stock market, a deterioration in the investment climate and capital flight.

The vulnerable point of the persecuted oligarchs is that their billions in wealth stand out like Mont Blancs above the gorges of destitution, the lowlands of poverty and the very modest hills of the middle class. The monstrous nature of Russia privatization is clearly demonstrated by the fact that in England, the birthplace of capitalism, the richest person today is the current governor of Chukotka.

It is pointless to take offence at sentiments calling for the state “to take it away and divide it up." Respect for extreme wealth is a rare thing in any country, but it is fundamentally out of the question in Russia, where the divide between social classes has reached a monstrous scale. You cannot force people to respect property that was shamelessly seized before their very eyes, and in "particularly large amounts" at that. It is quite another matter to assign the blame for this state of affairs. Of course the oligarchs are partly to blame for buying access to resources for a pittance. However, the state is even more to blame for handing out the rights to that access.

Big business is "guilty" of behaving aggressively, but the state is also guilty for not establishing proper rules of the game (through anti-corruption legislation, laws governing lobbying, etc.). The difference is that the oligarchs are under no obligation to behave otherwise, while the state is. "Equidistance" to the oligarchs has produced nothing more than a demonstrative flogging of the recalcitrant ones, but has not been embodied in any institutions or legislation. Instead of creating laws that separate government from business, the president's team is pursuing violations of "concepts." But sorting out concepts always turns into a fight that is settled by force, not law. The idea of revisiting the outcome of privatization is dangerous primarily because it would once again be carried out on the basis of concepts and not law. Consequently the strongest would prevail, rather than the most honest.

However, for their part the oligarchs have to realize that it is impossible to leave the current state of affairs unchanged. They cannot brush aside the idea of revisiting the outcome of privatization. Russian society would not accept that taboo for the simple reason that the wildness and impropriety of Russian privatization unfolded before their eyes. There is only one solution to this dilemma: the idea of revisiting the issue must be countered by the idea of compensation for the losses suffered by society as a result of privatization. The social responsibility of business in Russia cannot be limited to simple charity.

It should also involve acknowledgment that the colossal revenues reaped by big business include an enormous proportion obtained through unfair division of property. Some of that proportion should be given back to society. But it should be returned through civilized and not barbaric methods. A slogan of "Rob the robbers!" opens the door to civil wars and dictatorships; it is absolutely unacceptable in a rule-of-law state.

Compensation differs from revisiting the issue in that it can be implemented by civilized, legal methods; it entirely precludes steps such as nationalization, expropriation, etc. A model for this kind of compensation can be borrowed from foreign practice. In July 1997 the British Parliament created a new tax, the Windfall Tax. The gist of the measure was this: companies that derived a major benefit from the 1980 privatization carried out by the Thatcher government would pay a one-time amount equal to 23 percent of the difference between the value of the privatized property in 1997 and its sale price in 1980. In this way English "oligarchs" were forced to share with society the wealth that had been "blown their way by the wind."

The analogy to contemporary Russia is obvious. Introducing a one-time tax on the outcome of privatization (a compensation tax) could be the start of a gradual process of rehabilitating large incomes and great wealth in the eyes of society and creating greater respect for the institution of property. This implies a special law that would be passed as part of a package of legislation, including an amnesty for parties to privatization deals and possibly also a tax amnesty. The budget revenue from this tax would be used to tackle the most urgent social problems, for example the problem of poverty.

Such a package of legislation could satisfy both Russian society and big business, which in exchange for compensation would receive guarantees of security. In this way the history of privatization could be considered a closed page in Russian politics. This approach was first formulated by Grigory Yavlinsky and published in Russia and abroad in the summer and fall of last year, and was raised again on numerous occasions by YABLOKO spokesmen in public debates during the 2003 election campaign. Now the idea has shown up in the recently adopted platform of the Rodina (Motherland) bloc. This idea may gain support in the near future from other forces and the approval ofthe Russian political class.

Essentially this offers a civilized alternative to the current impasse between government officials and business. At the end of the day the government needs stability, which is unthinkable without at least a minimum social consensus.

 

Nezavisimaya Gazeta, July 27, 2004

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