In our pursuit to understand crime, it is important to understand it both as a function in and of it itself as well as a function of other ongoing processes. It is also important for us to recognize that no process is stagnant. It is just as the term implies, a process, constantly changing and adapting, ebbing and flowing, dependent on any and all existing forces for its momentum. This process makes it both more difficult and more exciting for us to study the effects imposed upon crime. Keeping this simple fact in mind then, we may attempt to uncover that which influences crime not only in a particular setting, but also generalize to other situations, other settings which may possess similar characteristics.
How then do we propose to understand a process which is under continual change, morphing even as we look upon it? For our purposes here, complete understanding is not the goal. Our true objective here is to take one section, one example and to see it in terms of one possible outcome with all variables taken into account. We simply hope to take a snapshot and from research of that snapshot gain some greater understanding as to how and why that picture came to be. And, if the gods be with us, to project that picture into the grander scheme of things and draw from it some knowledge as to other possibilities, other answers which may have been possible.
The purpose of my discussion here then is to look upon the changing state of events in one setting, Russia, since the fall of Communism. From this look I hope to provide some answers as to how and why the present state came to be, as well as provide some basis of comparison with other settings which have or may come to be.
The first and most important issue in our discussion is the outline of the newly formed Russian government. The main law of Russia is embodied in the new Russian Constitution which was adopted by popular vote on December 12th 1993. "The Constitution of the Russian Federation is recognized to be the primary source of law in Russia. It has supreme legal force and is applicable throughout the entire territory of Russia. No laws adopted by the Russian Federation and lower administrative units (subunits of Russian Federation) may contravene the Constitution of the Russian Federation."(1) The importance here being that even without any implementing authority (like federal law) the Russian Constitution remains the "law of the land" and may be used as a basis in court. Under this new constitution lies the main (and only as will be discussed later) branch of the Russian Federation which is the Federal Branch. The Federal Branch of the Russian system has a nearly all encompassing jurisdiction. It has the ability to oversee any and all activities within Russia. The Federal Branch can see to all matters involving the Russian Constitution, can establish/organize its own powers, can decide and create legislation in matters of the economy, and provides for the Federation's defense. Within this branch lies the Parliament which enacts most legislation. There are two types of legislation which are enacted by Parliament: federal laws and federal constitutional laws. Of these, federal constitutional laws take precedence. "The procedure for adopting law is set in the Art 104-108 of the Constitution. Federal Constitutional laws are adopted in accordance with the procedure set in the Art 108 of the Constitution (it must be approved by a majority of the votes by at least three-quarters of the total number of members of the Federation Council and at least two-thirds of the total number of deputies of the State Duma. A Federal Constitutional Law that has been adopted is to be signed by the President of the Russian Federation and promulgated within 14 days) on the most important matters."(2)
An additional method by which legislation may be enacted lies within the power of the President of the Russian Federation. This is made possible by Decrees of the President which are formally considered acts of the executive body. These decrees have equal legal effect of federal laws. The only constraint placed upon the President is that no act of the President may contradict with the Constitution of the Russian Federation or federal laws. However, in an area where no law previously exists, the President has unlimited authority in creating "firsthand" legal regulation. Other federal executive bodies created by Decrees of the President include (but are not limited to): Ministry, State Committee, Federal Service, and Federal Agency.
Directly under the Federal Branch of the Russian Federation lie governmental subunits. There are virtually hundreds of subunits in the Russian government. Each subunit is responsible for overseeing and regulating a particular territory of Russia. Subunits possess the authority to pass legislation relating directly to their territory. Also, subunits of the Russian Federation do possess the authority to adopt laws that override federal regulation. Art 76.6 of the Constitution provides: "In the event of a contradiction between the federal law and a regulatory legal act of a governmental subunit of the Russian Federation issued in accordance with part 4 of this article, the regulatory legal act of the subject of the Russian Federation shall apply."
The final section of the Russian government we will examine is the judicial system. Russia does not have two separate systems of federal and regional courts. All courts in Russia are parts of the single system. The highest court in Russia is the Constitutional Court which can hear any cases from the Russian court system and any and all Constitutional matters not from the lower courts. Below (and not necessarily associated with) the Constitutional Court are the Supreme Court of General Jurisdiction and the Court of Business Claims. Directly beneath the Supreme Court of General Jurisdiction are the Courts of General Jurisdiction In The Subunits of the Federation. Also within this section of courts lie the Lower Courts of General Jurisdiction as well as Military Tribunals. Under the Court of Business Claims lie the Circuit Courts of Business and Administration Claims and respectively below are the same courts in the Subunits of the Russian Federation.
The most important aspect of the Russian Judicial system is that it is based solely on a code system. "Court decisions do not play as important a role as they do with respect to law-making (as contrasted with Judicial interpretation) in common law systems, and lower court decisions usually are not handled by legal information services."(3) In the Courts of General Jurisdiction, for example, while Judges usually follow explanatory rulings of the Supreme Court, they are in no way legally obligated to do so.
In summary, there have been some major changes which have
swept through the Russian government. The new Russian Federation
has been built virtually from the ground up. Through the creation
of this new system we are witnessing the birth of a government from
it's earliest stages. More importantly, we are witnessing a
fledgling government which while similar, possesses many
differences from our own. The first observable difference is the
basic form of government. Russia has created a form of government
without the series of checks and balances with which we are
accustomed. They have a single branched government, a system
wherein the President possesses the authority to create law where
none previously existed, and a simpler court structure based on
written law rather than interpretation.
One of the most apparent changes in Russia today has been the marked increase in Russia's crime rate. The once predominantly crime-free country has begun to mount fairly substantial numbers. Starting in 1988 and progressing until 1993, Russia's number of crimes per 100,000 population has about doubled: 830 in 1988, 1096 in 1989, 1240 in 1990, 1462 in 1991, 1857 in 1992, and 1885 in 1993.(4)
While these numbers show a marked increase in total number of crimes, there are several types of crimes which are the fastest growing. In fact, not all crime in Russia is actually increasing. The biggest problems in modern-day Russia include organized crime, drug crimes, violent crime, acts of violence, and smuggling. This is not to say that other crimes have not increased, which is not the case. Crimes such as theft and vagrancy have also increased while crimes such as rape have showed no real change at all. However, for our purposes, the biggest and most dramatic increases have occurred in those areas mentioned which we will now discuss.
Organized Crime
"In the summer of 1994, the Russian Ministry of Internal Affairs (MVD) estimated that 25% of the Russian gross national income was derived from organized criminal activities".(5) This same department also believes there to be 5600 major criminal organizations in existence in Russia. These groups are involved in a wide range of illegal activities ranging from capital/money laundering drug business, to extortion. These groups are also believed responsible for the almost 500 contract murders in Russia in 1994 and 300 kidnapping in Moscow alone.(6)
The biggest threat from Russia's organized crime groups is not the illegal activities of murder and kidnapping but the everyday legal activities which these groups also control. Organized crime in Russia has infiltrated most economic activities, the most predominant being banking. Organized crime families have created nearly hundreds of "fake banks" which are responsible for money laundering, extortion and fraud. These banks will suddenly appear, offering high return investments and good credit opportunities, then, as quickly as they appeared, they are gone once again. This type of bank fraud is the hardest type of illegal activity to detect reliably in Russia. The major problem in this case being that anyone can register any address as a bank with few security checks involved.
Another major problem is that organized crime also controls approximately 85% of all legal business including stores, restaurants, and taverns. With this kind of monopoly, citizens in Russia are forced to pay exorbitant amounts of money for products which they are unable to acquire by other means. Within these problems exist the problems of housing, also infiltrated by organized crime. With apartments in short supply, prices have increased exponentially. Seeing this low supply, high demand as an excellent opportunity, organized criminals hopped into the market. A common tactic used by these criminals is to convince an owner to sign over their apartment either by false promises or physical coercion and even torture. Once these criminals have possession of the apartment, the previous owner usually disappears and the criminals either retain the apartment for their own use, or sell the apartment at a high price.
Drug-related Crime
Another major problem in Russia and the Baltics is the transportation and distribution of drugs. "The Baltic region [and Russia], within the last few years, have turned into major transshipment points for the flow of drugs from the cultivation and production areas of Central Asia, and Southeast and Southwest Asia to the markets in Scandinavia and Western Europe".(7)
Russia and the Baltics have become excellent drug shipping points due to "their well established communication and transportation links with the West, and their open borders and widespread corruption among police and customs officials".(8) Organized crime has also developed an increasingly strong foothold in the sale and transportation of drugs in and through Russia. This is due not only to increased opportunity but to increased demand. "The number of drug abusers officially registered in the three Baltic states [alone] during 1993 was between 6,000 and 10,000, [and] the number is probably much higher."(9)
Smuggling
Smuggling has become one of the most common crimes in Russia and the Baltics. The smuggling of everything from edible goods to strategic metals and radioactive materials has provided for quick profits for criminals. "In 1992, an estimated 17 billion U.S. dollars worth of profit earned in Russia from the illegal export of strategic material left the country to offshore bank accounts. The Baltic states have become an outlet for a good part of the illegally exported natural resources from Russia, such as aid. In the first nine months of 1993, some 35 million U.S. dollars worth of raw materials and metals were exported illegally from Russia to the West through Estonia".(10)
Acts of Violence
As stated before, one of the biggest problems in Russia today is organized crime. Within the daily activities of these organizations lie such acts as assassination, kidnapping, and bombings. Due to this nature of conduct, it is not surprising to find that violent crime in Russia is on the rise. And organized criminals are not the only ones committing these crimes. Splinter groups from all over the country and the Baltics have played a part in some of the most spectacularly violent crimes ever witnessed. Any group who is dissatisfied with the current system in Russia seems to feel a need to express their feelings through the use of high explosives or the like. Bombings have gone dramatically up in Russia and the Baltics since 1990. "In Estonia, there were no bomb explosions reported in 1991, but 63 occurred in 1993 (along with 50 car bombings). During the early months of 1995, a series of bombings and arson attacks that destroyed kiosks and food stands took place in Tallinn in retaliation between rival criminal groups".(11) In Lithuania, the number of bombings in 1993 was reported at 150. "Between 1986 and 1991, only 260 crime-related bombings were reported in the former Soviet Union, but there were 260 in 1992 in Russia and more than 300 in 1993".(12)
Corruption
A final problem plaguing Russia is that of corruption.
Corruption is widespread throughout Russia. It is a well-known
fact by most Russian citizens that the most efficient way to
accomplish anything within the Russian system is through bribery.
Police in Russia, faced with the same problems as anyone in the
developing country, seem willing to "turn the other way" for a
small payoff. Most lawyers "are valued not for their skills, but
for their links with the officials (where is the line between
lobbying and corruption?).(13) It makes it very difficult to combat
a growing crime problem when the very people you employ in the
fight are criminals themselves.
To this point we've focused on Russia's government and legal system, as well as the new crime problems Russia is facing. The major question which still remains is: Why? Why has Russia's crime rate soared? Is the government to blame? The people? We will now look at some possible answers to these questions.
One possible answer to some of the crime problems facing Russia today is a purely structural answer. In lies within how Russia defines and deals with it's criminal activity. In domain of crime in general, Russia has major problems which exist within the government and legal system. We must keep in mind that the former Soviet Union has been completely annihilated and Russia must be built from the ground up. In this time of rapid change, Russian legislatures are hard at work developing laws at an incredible rate. Herein lies part of the problem. Russian law is still in the process of changing and adapting. As one legal researcher writes, "Indeed, legal realities in our country keep changing at a tremendous speed. The federal government abolishes old prohibitions and introduces new rules every day. Federal bodies continue adopting an estimated 10,000 legal acts every year...The legal practitioner who relies on a year-old statute may find himself involved in a malpractice suit".(14)
The problem illustrated here is that in order to have an effective legal system, one in which laws are obeyed, people must be able to recognized what is against the law. Up-to-date knowledge is a rare commodity in modern day Russia. Most information is not readily available to the common Russian citizen (nor is it always available to the very bodies responsible for writing law!). "Control over information is one of the means a totalitarian government uses to exercise it's power. As a consequence of long-established administrative methods of state government, the beginning of the new Russian period [is] lacking mechanisms...for fast and effective dissemination of legal data".(15) People cannot follow what they cannot read or see.
Stemming from this same problem of law-making, is the problem of legal definitions. As stated earlier, there are areas of what would otherwise be known as criminal activity which are not addressed in Russian law. The problem with banking being one illustration: There are no laws against setting up a "bank" wherever and whenever one so chooses. Also, the problem with organized crime is representative. There are currently no laws which define organized crime or provide a method by which to combat the ever growing problem. One disclaimer in this area is that some recently announced Decrees by President Yeltsin have addressed this very issue.
A second possible answer skews from a structural view and lies more within society. This is the possibility of increased opportunity/necessity leading to crime's upward trend. During this time of change, Russia's legal system is not the only thing experiencing problems. It is normal for us to expect that a country which is undergoing such a radical reorganization will encounter some economic instabilities. This true nowhere more than in Russia.
"The big differences in the forecasts of Russian GNP and other economic indexes reflect a high political and economic instability...At the end of 1994 retail prices will be 5-7 times higher than in December 1993. Currently 32% of families fall below the official poverty level".(16) Inflation has also been on the rise in Russia, and the ruble has nearly collapsed. The combination of these factors create both a poor atmosphere for the common man while creating excellent opportunities for crime. As stated earlier, crimes such as smuggling and fraud have greatly increased in Russia. This may, in fact, be due to the increased opportunity to commit such crimes. With prices rising sharply, most Russians can ill-afford not only that which they might otherwise want, but that which they depend on for their very survival. This creates an excellent market for the industrious criminal. Through either theft, extortion, or smuggling, if a criminal can obtain possessions of materials at a low price, he/she may then begin to sell such materials on the market for less than normally asked. Through this enterprise we may see the rise of several types of crime at once; theft, smuggling, fraud, extortion, etc, as well as the violent crimes which seem to go along with conducting these types of activities such as murder and kidnapping. We have also seen how this market facilitates the rise of organized crime, which seizes the opportunities to monopolize certain Russian markets.
The dissolution of many of Russia's borders has also made this
type of activity easier, by allowing goods to be smuggled through
territories more efficiently. We have also seen that corruption is
an element central to our discussion here. Police and officials,
seeking the same type of relief as any other Russian citizen, are
more willing to accept a small "donation" and allow illegal
transportation, sale, and theft of goods to go unimpeded. All of
these factors, when considered together, form a package which seems
to be conducive to Russia's rising crime rate.
In conclusion we have attempted to analyze some of the factors which may be responsible for Russia's increased crime rate. There are virtually an indefinite number of factors which may exert some influence upon Russia's crime, the study of which would probably encompass a lifetime. In fact, the factors and forces discussed here are not only not exhaustive, but are likely still in a state of evolution themselves. The problem with an analysis such as this is as soon as we look at a 'snapshot' of what it is we wish to study, the setting changes and creates new possibilities, new forces. I believe it will be interesting to see the research that comes out of this area in the near future.
Some of the factors which we have looked at include both the structure and the nature of Russia's government, policies, and practices. These factors provide an important basis by which our study of Russian crime must stand. It is important to understand the underlying concepts behind both Russia's crime policy and the way by which it is implemented. I believe we have found some problems that lie directly in this system. Russia's newly developed government is still in a state of change and obviously there is still a long road ahead. More stability is needed and should be expected in the future as the government's foundation solidifies and policy and practice become more closely associated.
We have also seen the nature of the crimes in Russia. We have developed a view of the changing nature of Russian crime and some underlying forces influencing these crimes. We have seen some of the recent attempts to curb such crimes and looked into the possible explanations. We have also seen that not all crime in Russia is increasing. It is apparent from this fact that there is some factor, which may lie unidentified, that is influencing specific areas of Russian crime. Some of these factors may include the recent political upheaval, the sudden increase in the opportunity for crime in Russia, or the changing social and institutional structure of the country.
In conclusion I believe that the new events in Russia provide
us with an excellent opportunity to view a government, and also a
country, being born and rebuilding virtually from the ground up.
By looking at this picture of Russia, as it is now, we may be able
to gain a greater understanding as to the social and political
forces that form and influence all countries. Basically, this
situation may benefit us in the long run in our ongoing pursuit to
understanding the nature and occurrence of crime.
1. Nikiforov, Ilya. Legal Research in Russian Law.
http://solar.rtd.utk.edu/~nikforov/research/tutor.htm
2. Nikiforov, Ilya. Russian Legal Information Sources.
http://solar.rtd.utk.edu/~nikforov/research/
3. Lezhikov, Gennady L. Statistical Information on Criome and Its Use in Crime Control.
http://www.alsip.uic.edu/oicj/pubs/cji/110413.htm
4. Criminal Justice On-Line: Russia Crime and Violence Up:Third Legislator Slain.
http://www.alsip.uic.edu/oicj/pubs/cje/050203.htm
5. Fedarko, Kevin. "Russia:City on Edge Mired in Squalor, awash in Glitz, Moscow struggles to find a sense of itself".
TIME Domestic July 4, 1994 Volume 144, No. 1
6. Nelan, Bruce W. "Russia:Crime and Punishment".
TIME Domestic March 20, 1995 Volume 145, No 11
7. Ulrich, Christopher J. Crime and Security in the Post-Soviet
Era. http://www.alsip.uic.edu/oicj/pubs/cje/060114.htm
8. Stevenson, Richard W. After Long Slide, Russia's Economy Seen As Stablizing. Sept. 25, 1995
http://www.nd.edu/~astrouni/zhiwriter/spool/117.htm
9. Vishnevsky, Alex. Uncertain Future of the Russian Economy.
http://mcneil.sas.upenn.edu/east/fall94/Uncertain_Future.html
10. Shabalin, Victor & Albini, J.L. & Rogers, R.E. The New Stage of the Fight Against Organized Crime in Russia.
http://www.acsp.uic.edu/iasoc/newstage.htm
11. Erlanger, Steven. Image of Lawlessness Distorts Moscow's
Reality. http://www.alsip.uic.edu/oicj/pubs/cje/060205.htm
12. Lena, Jason. "Crime in Russia:The Price of Freeing Markets".
The Economist Feb. 19, 1994.
13. The Nordic Committee on Nordic Drugs. Nordic-Baltic Meeting on Narcotic Drugs. Conference Summary held in Tallinn, Estonia,
18-19 May 1993.
14. Baltic Observer, Feb 23 - March 1, 1995.
15. Current Digest of the Post-Soveit Press. XLVI, 1994
16. U.S. News and World Report, March 7, 1994.
1. Nikiforov, Ilya. Legal Research In Russian Law.
http://solar.rtd.utk.edu/Nikforov/research/tutor.htm
2. Nikiforov, Ilya. Russian Legal Information Source.
http://solar.rtd.utk.edu/~nikforov/reasearch/
3. Nikiforov, Ilya. Legal Research in Russian Law.
http://solar.rtd.utk.edu/~nikforov/research/tutor.htm
4. Ulrich, Christopher J. Crime and Security in the Post-Soviet Era. http://www.alsip.uic.edu/oicj/pubs/cje/060114.htm
5. Shabalin, Victor & Albini, J.L. & Rogers, R.E. The New Stage of the Fight Against Organized Crime.
http://www.acsp.uic.edu/iasoc/newstage.htm
6. Fedarko, Kevin. "Russia" Time Domestic
July 4, 1994 Volume 144, No.1
7. Ulrich, Christopher J. Crime and Security in the Post-Soviet Era. http://www.alsip.uic.edu/OICJ/PUBS/CJE/060114.htm
8. Ibid
9. The Nordic Committee on Narcotic Drugs. "Nordic-Baltic Meeting on Narcotic Drugs". Conference summary held in Tallin, Estonia, 18-19 May 1993.
10. U.S. Weekly World News and World Report, 7 March 1994.
11. Baltic Observer, 23 February - 1 March, 1995.
12. Current Digest of the Post-Soviet Press. XLVI(10), 1994
13. Nikiforov, Ilya. Legal Research in Russian Law.
http://solar.rtd.utk.edu/~nikforov/research/tutor.htm
14. Ibid
15. Ibid
16. Vishnevsky, Alex. "Uncertain Future of the Russian economy".
http://mcneil.sas.upenn.edu/east/fall94/Uncertain_Future.html