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WHAT DOES RULE OF LAW MEAN TO A RUSSIAN?

By Marina Tyazhelkova FROM: AmCham News, Jan.-Feb. 2000
(American Chamber of Commerce, Moscow newsletter)

As a graduate student, I spent two years in the United States and returned to Russia in the summer of 1998. During the financial crisis that followed, one episode will forever remain etched in my memory. I was standing in one of those desperately endless lines of Inkombank customers who still harbored some hope of getting their money out. When the branch manager came out to break yet more sad news, a group of angry old ladies (babushki) circled around him, claiming they and others in the crowd would hold the manager hostage till their money was returned. This continued until four cars loaded of OMON (Special Task Forces) arrived at the branch. I left shortly afterwards and to this day, still do not know how the story ended.

My anecdote illustrates a violation of one of the basic principles of a society governed by rule of law - predictability. Predictability means the law is clearly and publicly laid down so people can plan their lives accordingly. In the Inkombank story, the account holders were deprived of a mechanism to foresee the future actions of the government.

Therein lies the first contrast between American and Russian society: the possibility to plan future actions. Since my first encounter with an American, I have not ceased to be puzzled by a question Americans love to ask "What do you see yourself doing five or 10 years from now?" The topic is widely discussed at dinner tables, in midterm papers and job interviews. Prior to living in America, I had never seen so many personal organizers, notebooks, calendars, and four month erasable wall planners. Russians interviewing for a job with a western company have figured out how to answer this question. Though I doubt anyone is telling the truth. I remember clearly being told as a child: "Do not openly state your desires to others. Beware, less someone or something interferes with them."

In the U.S. people can have input into the decisions of government through debates in the media, public hearings, watchdog groups and so on. Most major decisions in Russia are awaited with baited breath. Will Yeltsin fire Putin or not? Will there be an election?

A predictable society allows individuals to plan their futures. It also demonstrates respect for individuals and their will to make choices. Communist society, by definition, does not recognize the interests of the individual. A family was not a union of two people, but a unit of society. Disrespect for individuals in Russia goes back further. Serfdom, with its complete denial of most individual rights, served as fertile soil for future atrocities. Communism was based on everyone being the same. Being different was a threat. Right now, Russian society is going through the painful process of reforming itself and ridding itself of old ways of thinking. Although differences are officially allowed by the authorities, great animosity still exists towards anything or anybody that is not average.

The cult of individualism is part and parcel of American culture. In the U.S., I was not afraid to be different and was called upon to share my unique perspective, history and culture. I place such emphasis on individualism as an aspect of the rule of law because without respect for the individual there is no respect for the law that is meant to protect that individual. There is no need to support human rights when the human is not important.

When I first moved to Moscow I did not have the much maligned Moscow registration. I knew that if you have a ticket proving that you are in Moscow for less than three days, it should be no problem. When I proudly produced my ticket to the militsia I was told it was no good. I meekly pointed out that I had a constitutional right to move around the country. The answer came to manifest, in my mind, law enforcement Russian-style: "Then come to the precinct with us and prove your constitutional rights there." Two hundred rubles later I was free to go wherever I chose.

Predictability, respect for individuals and respect for the law are impossible without trust. A lack of trust undermines the existence of rule of law. A friend went on a trip to the U.S. this summer with an exchange program. When asked what surprised him most, he singled out a meeting with a sheriff in Florida. The sheriff spoke about attempts to create a trusting relationship with the community because it makes the task of policing much easier. While U.S. law enforcement is far from perfect, this thinking demonstrates the essence of rule of law. It is impossible to enforce and abide by the law if there is no trust between authorities and citizens at all levels in society. Businessmen should be able to trust other businessmen and trust the government to protect their interests if something goes wrong. Citizens should trust the government not to freeze bank accounts. People should trust their neighbors. We should not be obliged to fill out, stamp and notarize thousands of useless documents to accomplish a simple task. A reason for the fabled Russian bureaucracy is the lack of trust that breeds the need to back up each step with a piece of paper. You can write perfect laws, design efficient government procedures, but if the people that inhabit these structures do not trust each other, it will not work. It is this stumbling block that Russia will face for a very long time. It takes many years to build goodwill and trust.

Marina Tyazhelkova works with the International Republican Institute, a nonprofit organization dedicated to advancing democracy