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Authoritarian Modernization in Russia 俄罗斯的威权现代化
Q2 Social Sciences Pub Date : 2014-09-22 DOI: 10.4324/9781315568423
V. Gel’man
This issue of Demokratizatsiya presents some of the first results for a research project entitled "Choices of Russian Modernization" organized by the Finnish Center of Excellence in Russian Studies. (1) While Russia has by 2014 abandoned the very discourse of modernization, which was so popular during Dmitry Medvedev's presidency (2008-12), the time is ripe to discuss the continuing need for modernization in Russia after the Soviet collapse and its likely consequences. The idea of achieving major economic and social advances in Russia without free and fair political competition formed the essence of the post-Soviet modernization project. Indeed, the outcomes of this project so far have been rather mixed. Even though in the 2000s Russia experienced impressive economic growth after a period of deep and protracted recession, these successes did not produce any major institutional changes which could bolster the rule of law, good governance, and protection of human rights. No wonder that developments in Russia following the annexation of Crimea and the increasing confrontation with the West call into question the entire project of authoritarian modernization. Analyzing the politics and policies of Russia's post-Soviet authoritarian modernization is important not only for answering the eternal Russian question "Who is to be blamed?" It is also relevant for assessing Russia's prospects. The contributors whose articles are published here deal with a wide range of issues, but they focused on the role of choices made by Russian actors under certain structural conditions. The interests, ideas, and perceptions of the various actors affected these choices, but they also often resulted in unintended consequences, given the many uncertainties of the Russian political, economic, and social landscape. Thus, the implementation of the "authoritarian modernization" project was far from its ideals: dictatorial trends in Russia increased over time while economic and social well-being faced rising challenges and constraints. The contributions to this issue elaborate this common theme in a range of different contexts. Vladimir Gel'man's article, "The Rise and Decline of Electoral Authoritarianism in Russia," analyzes the logic of regime change in post-Soviet Russia. It argues that the rise of electoral authoritarianism was a side effect of the failure of democratization launched in the late Soviet period. This reverse tide distorted Russia's main democratic institutions, which the Kremlin used as tools of political legitimation and mimicry. But even though it is well entrenched today, electoral authoritarianism itself is vulnerable due to numerous challenges, which will affect its further trajectory, though in unpredictable ways. Against this political background, the subsequent articles dealt with reforms in specific policy areas in Russia. In their article, "Paradoxes of Agency: Democracy and Welfare in Russia," Meri Kulmala, Markus Kainu, Jouko Nikula and Markku Kiv
本期《民主化》杂志介绍了芬兰俄罗斯研究卓越中心组织的题为“俄罗斯现代化的选择”的研究项目的一些初步成果。(1)虽然俄罗斯到2014年已经放弃了在德米特里•梅德韦杰夫(Dmitry Medvedev)担任总统期间(2008- 2012年)非常流行的现代化话语,但讨论苏联解体后俄罗斯继续需要现代化及其可能后果的时机已经成熟。在没有自由和公平的政治竞争的情况下实现俄罗斯重大经济和社会进步的想法构成了后苏联现代化项目的本质。事实上,到目前为止,这个项目的成果好坏参半。尽管俄罗斯在经历了一段时间的严重而持久的衰退后,在21世纪初经历了令人印象深刻的经济增长,但这些成功并没有带来任何重大的制度变革,从而加强法治、善治和保护人权。难怪俄罗斯吞并克里米亚之后的事态发展,以及与西方日益加剧的对抗,会让整个威权主义现代化计划受到质疑。分析俄罗斯后苏联威权主义现代化的政治和政策,不仅对回答俄罗斯人永恒的问题“该怪谁”很重要。这也与评估俄罗斯的前景有关。在这里发表文章的撰稿人涉及广泛的问题,但他们关注的是俄罗斯行动者在某些结构条件下做出的选择所起的作用。各方的利益、想法和看法影响了这些选择,但考虑到俄罗斯政治、经济和社会格局的诸多不确定性,它们也经常导致意想不到的后果。因此,“威权现代化”项目的实施与它的理想相去甚远:俄罗斯的独裁趋势随着时间的推移而增加,而经济和社会福祉面临着越来越多的挑战和制约。本期的撰稿人在一系列不同的背景下阐述了这一共同主题。弗拉基米尔·格尔曼的文章《俄罗斯选举威权主义的兴衰》分析了后苏联时期俄罗斯政权更迭的逻辑。它认为,选举威权主义的兴起是苏联后期发起的民主化失败的副作用。这股逆势扭曲了俄罗斯的主要民主制度,克里姆林宫曾将其作为政治合法化和模仿的工具。但是,尽管选举威权主义在今天根深蒂固,但由于众多挑战,它本身也很脆弱,这些挑战将以不可预测的方式影响其进一步的轨迹。在这种政治背景下,随后的文章讨论了俄罗斯具体政策领域的改革。Meri Kulmala、Markus Kainu、Jouko Nikula和Markku Kivinen在他们的文章《代理的悖论:俄罗斯的民主和福利》中分析了社会政策改革的不一致性。尽管当局高调宣称,建设福利国家是当务之急,但事实上,社会政策是一套不连贯、不协调的松散措施,导致了相当多样化的结果。作者关注了俄罗斯社会政策制定的基本政治问题,如缺乏民主问责制,利益代表制度的偏见,以及国家和地方层面的官僚效率低下。...
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引用次数: 12
The Rise and Decline of Electoral Authoritarianism in Russia 俄罗斯选举威权主义的兴衰
Q2 Social Sciences Pub Date : 2014-09-22 DOI: 10.30570/2078-5089-2012-67-4-65-88
V. Gel’man
By the 2010s, almost nobody used the term "democracy" when referring to Russia, and debates among experts were mostly focused on how far the country deviated from democratic standards.1 While "pessimists" wrote of the consolidation of an authoritarian regime in Russia,2 "optimists" avoided such firm claims, focusing instead on the low level of repression by Russia's political regime3 or labeling it as a "hybrid" due to the presence of some democratic institutions.4 To some extent, these terminological controversies reflected conceptual problems in the study of regimes globally.5 But, beyond that, most scholars agree that Russian politics under Vladimir Putin has been marked by such pathologies as outrageously unfair and fraudulent elections, the coexistence of weak and impotent political parties with a dominant "party of power," a heavily censored (often self-censored) media, rubber-stamping legislatures at the national and sub-national levels, politically subordinated courts, arbitrary use of the economic powers of the state, and widespread corruption.In this article, I attempt to explain the logic of the emergence and development of Russia's current political regime, identify its major features and peculiarities, reconsider its institutional foundations and mechanisms of enforcement, analyze the trajectory of the regime's "life cycle," and reflect on possible trajectories for future evolution.Electoral Authoritarianism: Why?If one placed post-communist Russia on the world map of political regimes, it would fit into the category of "electoral" or "competitive" authoritarianism.6 These regimes, although authoritarian, incorporate elections that are meaningful, and stand in contrast to "classical" versions of authoritarianism, which are known for their "elections without choice."7 However, in electoral or competitive authoritarianism, and in contrast to electoral democracies, elections are marked by an uneven playing field based on: formal and informal rules that construct prohibitively high barriers to participation; sharply unequal access of competitors to financial and media resources; abuses of power by the state apparatus for the sake of maximizing incumbent votes; and multiple instances of electoral fraud. The uneven playing field serves as a defining distinction between electoral authoritarianism and electoral democracy.Recently, there has been a proliferation of electoral authoritarian regimes as a result of two different, although not mutually exclusive, forces. First, regular elections under tightly controlled party competition allows rulers of authoritarian regimes to effectively monitor their country's elites, the state apparatus, and the citizenry, thus averting risks of the regime's sudden collapse due to domestic political conflicts.8 Second, autocrats across the globe hold elections as a means of legitimizing the status quo in the eyes of both domestic and international actors.9 However, such elections have become a crucial test of
到了2010年代,几乎没有人在提到俄罗斯时使用“民主”这个词,专家们的辩论主要集中在这个国家偏离民主标准的程度上虽然“悲观主义者”认为俄罗斯的独裁政权正在巩固,但“乐观主义者”却避免了这种坚定的说法,而是将注意力集中在俄罗斯政治政权的低镇压程度上,或者由于一些民主机构的存在而将其称为“混合型”在某种程度上,这些术语争议反映了全球制度研究中的概念问题但除此之外,大多数学者都认为,在弗拉基米尔•普京(Vladimir Putin)的领导下,俄罗斯政治的特点是选举极不公平和欺诈,软弱无能的政党与占主导地位的“权力党”共存,媒体受到严格审查(通常是自我审查),国家和地方各级立法机构橡皮图章,政治上从属的法院,任意使用国家经济权力,以及普遍腐败。在本文中,我试图解释俄罗斯当前政治制度产生和发展的逻辑,识别其主要特征和特点,重新考虑其制度基础和执行机制,分析政权“生命周期”的轨迹,并反思未来演变的可能轨迹。选举威权主义:为什么?如果把后共产主义时代的俄罗斯放在世界政治体制的地图上,它将属于“选举”或“竞争”威权主义的范畴这些政权虽然是专制的,但也纳入了有意义的选举,与以“没有选择的选举”著称的“经典”威权主义形成鲜明对比。7 .然而,在选举或竞争性威权主义中,与选举民主相比,选举的特点是不公平的竞争环境,其基础是:正式和非正式规则对参与构成了令人望而却步的高障碍;竞争者对金融和媒体资源的获取极不平等;国家机器为了最大化在职者的选票而滥用权力;以及多起选举舞弊事件。不公平的竞争环境是选举威权主义和选举民主之间的决定性区别。最近,由于两种不同(尽管并非相互排斥)的力量,选举专制政权激增。首先,在严格控制的政党竞争下进行定期选举,使专制政权的统治者能够有效地监督其国家的精英、国家机器和公民,从而避免因国内政治冲突而导致政权突然崩溃的风险其次,全球各地的独裁者举行选举,作为在国内和国际行动者眼中使现状合法化的一种手段然而,这样的选举已经成为选举专制政权生存的关键考验:统治者不仅要在不公平的选举中击败挑战者,还要说服国内外观众承认这些胜利,并平息对选举不公平的批评。尽管许多选举专制政权或多或少成功地解决了这些任务,但不公平选举后的选举抗议活动往往会成为政权生存的挑战,正如后共产主义国家的“颜色革命”和“阿拉伯之春”的经验所表明的那样。选举专制政权寿命的差异提出了一个重要问题:为什么一些选举专制政权在一些国家持续了几十年(如墨西哥在制度革命党统治下或埃及在阿拉伯之春之前),而在其他国家,选举专制被证明要么是民主化之后的一个暂时的发展阶段(如塞尔维亚),要么导致一个选举专制政权被另一个选举专制政权所取代(如乌克兰在“橙色革命”之前和之后)?…
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引用次数: 26
Struggling for Citizenship: Civic participation and the State in Russia 为公民身份而奋斗:俄罗斯的公民参与与国家
Q2 Social Sciences Pub Date : 2010-09-22 DOI: 10.3200/DEMO.18.4.287-308
Suvi Salmenniemi
Abstract: This paper discusses the shifting relationships between civic organizations and the state in contemporary Russia. Drawing on a case study of the provincial city of Tver, the paper explores how local activists and authorities interpret citizenship and draw the state-society boundaries at the juncture between the Socialist past and the capitalism of today. The paper argues that the authorities advocate a statist model of citizenship that conceives of civic organizations as an auxiliary of the state, taking over formerly state-provided services and activating citizens to assist the state in governance. Organizations founded during the Soviet era attempt to retain the Soviet citizenship model and the paternalist social contract underpinning it, while organizations founded during the post-Soviet period call for more participatory notions of citizenship. Keywords: citizenship, civic organizations, Russia, state ********** "I think these notions are somewhat strange to us, that there should be an agreement, public decision, some joint symposia, congresses, compacts, deals. People power. Today, we need strict power--I may be wrong though--but it should be a strict vertical power arrangement, to establish some kind of order in our country." This quotation from an official of the regional government in Tver, contemplating whether citizens and their organizations should have more say about local issues, captures the prevailing ethos in state-society relations in contemporary Russia. While during the Yeltsin era the political landscape was characterized by the dispersion of power from the federal to the regional and municipal levels and the mushrooming of independent civic organizations, Vladimir Putin's and Dmitry Medvedev's terms in office have been marked by a recentralization of power and a more active and interventionist role of the state in steering social development in the spirit of "sovereign democracy." In terms of civic activism, this process has been riddled with contradictions. On the one hand, civic organizations and governmental structures have started collaborating with one another more than before, and various mechanisms of cooperation have been established. For example, two federal-level civic forums were organized in Moscow in 2001 and 2008, followed by a number of similar regional forums, and a system of federal and regional public chambers (obshchestvennye palaty) has been created that seeks to foster dialogue between the state and society. (1) The authorities have also begun distributing funding to civic organizations, prioritizing in particular youth and social-welfare initiatives. (2) The political elite also actively circulate the concept of civil society in public discourse and emphasize its importance--implying that the concept has certain symbolic value in their own concept of political development. (3) On the other hand, the state has also placed several new restrictions on activism and increased its bureaucratic contro
摘要:本文探讨当代俄罗斯民间组织与国家关系的变迁。本文以特维尔省为例,探讨了当地活动家和当局如何在过去的社会主义和今天的资本主义之间的结合点解释公民身份和绘制国家-社会边界。本文认为,当局提倡一种国家主义的公民模式,将公民组织视为国家的辅助,接管以前国家提供的服务,并激活公民协助国家治理。苏联时期成立的组织试图保留苏联公民模式和支撑这种模式的家长式社会契约,而后苏联时期成立的组织则呼吁更多参与性的公民观念。关键词:公民,公民组织,俄罗斯,国家**********“我认为这些概念对我们来说有些奇怪,应该有一个协议,公共决定,一些联合专题讨论会,代表大会,契约,交易。人民的力量。今天,我们需要严格的权力——虽然我可能错了——但它应该是严格的垂直权力安排,以在我们的国家建立某种秩序。”这段话出自特维尔地区政府的一位官员,他在思考公民和他们的组织是否应该在地方问题上有更多的发言权,这句话抓住了当代俄罗斯国家-社会关系中的主流精神。在叶利钦时代,政治格局的特点是权力从联邦分散到地区和市级,独立的公民组织如雨后春笋般涌现,而弗拉基米尔·普京和德米特里·梅德韦杰夫执政期间的特点是权力重新集中,国家本着“主权民主”的精神,在指导社会发展方面发挥了更积极和干预的作用。就公民行动主义而言,这个过程充满了矛盾。一方面,民间组织和政府机构之间的合作比以前更多,各种合作机制已经建立起来。例如,2001年和2008年在莫斯科组织了两个联邦级别的公民论坛,随后又组织了一些类似的地区论坛,并建立了联邦和地区公共法庭(obshchestvennye palaty)系统,旨在促进国家与社会之间的对话。当局也开始向民间组织分配资金,尤其优先考虑青年和社会福利项目。(2)政治精英也在公共话语中积极传播公民社会概念并强调其重要性——暗示这一概念在他们自己的政治发展理念中具有一定的象征价值。另一方面,国家也对激进主义施加了几项新的限制,并加强了官僚控制,最重要的是通过2006年对公民结社法的修订。(4)这项法律赋予当局相当大的权力,可以调查并最终关闭任何涉嫌威胁“俄罗斯联邦主权、政治独立、领土完整、国家统一、独特性、文化遗产和国家利益”的组织。(5)根据设在俄罗斯的民主与人权发展中心的说法,这项法律造成了庞大的官僚主义,使组织的登记复杂化,并日益边缘化独立的公民行动主义。(6)此外,在接受西方资助的组织经常在公开场合被贴上“不爱国”和外国情报机构“傀儡”的标签,政治反对派组织的公众抗议遭到强力镇压的同时,俄罗斯公共领域见证了青年组织如雨后春笋般涌现,如纳什,这些组织与政府关系密切,并得到政府的大量财政支持。…
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引用次数: 25
Meddling with Justice: Competitive Politics, Impunity, and Distrusted Courts in Post-Orange Ukraine 干涉司法:后橙色乌克兰的竞争政治、有罪不罚和不信任法院
Q2 Social Sciences Pub Date : 2010-05-01 DOI: 10.3200/DEMO.18.2.122-147
Alexei Trochev
Contrary to the theories of judicial empowerment that argue that the presence of strong political opposition is necessary for the development of an independent judiciary, the increasing fragmentation of power in today’s Ukraine goes hand-in-hand with judicial disempowerment - dependent courts regularly provide important benefits to rival elites.
司法授权理论认为,强大的政治反对派的存在对于司法独立的发展是必要的,与此相反,在今天的乌克兰,权力的日益分裂与司法权力的剥夺是密切相关的——依赖的法院经常为敌对的精英提供重要的利益。
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引用次数: 32
The End of the Lithuanian Political "Patriarch's" Era: From Rise to Decline and Legacies Left Behind 立陶宛政治“宗主教”时代的终结:从兴起到衰落和遗留的遗产
Q2 Social Sciences Pub Date : 2010-04-01 DOI: 10.3200/DEMO.18.2.160-181
Ausra Park
Abstract: Top political leadership can and often does play a crucial role in countries that transition from one political system to another. As a former Lithuanian Communist Party leader, the first president of independent Lithuania, and the longest-serving prime minister, Algirdas Brazauskas is one of a few Lithuanian policymakers who has left a profound impact on the country. This article reviews Brazauskas' rise to the pinnacles of political power, evaluates his pursued policies, and assesses the legacies he left behind after withdrawing from politics in 2006. The author also examines the claim that Lithuania is facing a leadership crisis in the aftermath of Brazauskas' departure. Keywords: Brazauskas, presidency, prime ministership, legacy, leadership vacuum ********** A political earthquake shook Lithuania on June 1, 2006, when a long-term political survivor, Algirdas Brazauskas--who served as Lithuania's prime minister from 2001-2006--decided to resign, together with all of his cabinet members. A prime minister's departure, in and of itself a commonplace occurrence in European politics, marked a profound turning point in Lithuania's political life. On the one hand, this event signified the end of what became referred to as the country's political "patriarch's" era of rule. On the other hand, analysts both in the country and abroad began pointing to the "leaderless" Lithuania phenomenon. Why was so much attention devoted to this single politician and his departure from a political scene in a small country on the Baltic coast? Individual studies of political leaders always tackle challenging questions: "Why should one care about a particular individual?" and "Did he or she really matter as a leader?" Before these questions are addressed, a quick clarification of terminology is in order. The term leadership, as used in this study, should not be understood as a simple holding of a high office position, but rather as a complex phenomenon that encompasses an important quality--the power to sway others and make people do things that they would not have otherwise done. Individuals in power positions are not only able to exercise leadership, but also to achieve success and leave a profound impact on their surroundings through the skillful exploitation of various opportunities (i.e., unique once-in-a-lifetime situations, redefined institutional structures, stretching of assigned constitutional powers, the political culture, or support by constituents) as well as their own personal skills. Studies of political leadership have shown that every individual leader certainly does not matter in all situations all of the time. For instance, Anthony Mughan's and Samuel Patterson's research suggests that leaders are likely to matter more under extreme political circumstances, such as crises and wars.j Furthermore, Timothy Colton and Robert Tucker, Martin Westlake, Daniel Byman and Kenneth Pollack, Archie Brown, and George Breslauer have established that leader
摘要:在从一种政治制度向另一种政治制度过渡的国家中,最高政治领导层能够而且经常发挥至关重要的作用。作为前立陶宛共产党领导人、独立后的立陶宛首任总统和任职时间最长的总理,阿尔吉达斯·布拉索斯卡斯是为数不多的对这个国家产生深远影响的立陶宛政策制定者之一。本文回顾了Brazauskas在政治权力顶峰的崛起,评估了他所推行的政策,并评估了他在2006年退出政坛后留下的遗产。作者还审查了立陶宛在Brazauskas离开后面临领导危机的说法。关键词:Brazauskas,总统,总理,遗产,领导真空********** 2006年6月1日,立陶宛发生了一场政治地震,一位长期的政治幸存者,2001年至2006年担任立陶宛总理的Algirdas Brazauskas决定辞职,连同他的所有内阁成员。在欧洲政治中,总理的离职本身就是一件司空见惯的事,这标志着立陶宛政治生活的一个深刻转折点。一方面,这一事件标志着该国政治“族长”统治时代的结束。另一方面,国内和国外的分析人士开始指出“无领导”的立陶宛现象。为什么人们如此关注这位政治家以及他离开波罗的海沿岸一个小国的政治舞台?对政治领导人的个人研究总是解决一些具有挑战性的问题:“为什么人们应该关心某个特定的人?”以及“他或她作为领导人真的重要吗?”在解决这些问题之前,有必要快速澄清一下术语。本研究中使用的“领导”一词,不应该被理解为简单地拥有一个高职位,而是一种复杂的现象,它包含了一种重要的品质——影响他人并使人们做他们本来不会做的事情的力量。处于权力位置的个人不仅能够发挥领导作用,而且能够通过巧妙地利用各种机会(即一生一次的独特情况、重新定义的制度结构、宪法赋予的权力的延伸、政治文化或选民的支持)以及他们自己的个人技能,取得成功并对周围环境产生深远的影响。对政治领导力的研究表明,每个领导人在任何情况下都不重要。例如,安东尼•穆根(Anthony Mughan)和塞缪尔•帕特森(Samuel Patterson)的研究表明,在危机和战争等极端政治环境下,领导人的作用可能更大。j此外,蒂莫西·科尔顿和罗伯特·塔克、马丁·韦斯特莱克、丹尼尔·拜曼和肯尼斯·波拉克、阿奇·布朗和乔治·布雷斯劳已经确定,在一个国家经历过渡或重大变革的时期,领导人似乎是最重要的。(2)事实上,后共产主义国家的学者普遍认为,当存在改变国家政策的真正机会时,领导人更为重要。在这种情况下,领导人的权力往往集中在自己手中;相反,机构仍然脆弱,处于冲突之中,或者经历行政重组,无法阻碍领导人的政策选择和偏好。在这种情况下,领导人对他们国家的政治生活和政策选择有着深刻的个人影响。与此同时,这些机会之窗很少长时间保持开放,一旦关闭,决策者的影响力开始减弱,而官僚结构的影响力逐渐增加和巩固。当然,这只是一种普遍趋势,领导人在政策制定过程中的影响程度因具体情况而异,主要是因为“行为者塑造事件的能力是一个变量,而不是常数。”…
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引用次数: 3
The Molotov-Ribbentrop Commission and Claims of Post-Soviet Secessionist Territories to Sovereignty 莫洛托夫-里宾特洛甫委员会与后苏联分裂主义领土主权要求
Q2 Social Sciences Pub Date : 2010-04-01 DOI: 10.3200/DEMO.18.2.148-159
Keiji Sato
The "Commission of the Congress of USSR People's Deputies for the Political and Legal Estimation of the Soviet-German Nonaggression Pact of 1939" (hereafter, the Molotov-Ribbentrop Commission, or MRC) was an important landmark in the collapse of the Soviet Union. The pact and the secret protocol attached to it, signed by Soviet foreign minister Vyacheslav Molotov and German foreign minister Joachim von Ribbentrop on August 23, 1939, drastically redrew the map of Eastern Europe. In 1939 and 1940, the Soviet Union incorporated the Baltic countries, Bessarabia, Karelia, and the eastern territories of Poland into its domain. The existence of the secret protocol was a longestablished concern of Baltic intellectuals, although Soviet authorities repeatedly denied its very existence.Perestroika changed the situation. On June 8, 1989, pressed by the Baltic republics, the first Congress of USSR People's Deputies decided to set up the MRC. As Table 1 shows, the MRC included a disproportionately large number of Baltic representatives, who earnestly debated against the MRC majority that continued to hold the traditional view of the pact's exploitation of "contradictions between imperialisms to earn time." On December 24, 1989, having listened to the report submitted by the MRC, the second Congress of USSR People's Deputies declared the Molotov-Ribbentrop Pact and the secret protocol null and void since the time of their signature. This decision facilitated the overwhelming victory of the national democrats of the Baltic republics in the republican Soviet elections held in February-March 1990.Looking at the MRC retrospectively, one would be surprised at the Caliber of its members: Aleksandr Yakovlev (chairman), Yuri Afanas'ev, Georgi Arbatov, and Chingiz Aitomatov as star ideologues of Perestroika; Baltic nationalists or grave diggers of the Soviet Union, such as Vytautas Landsbergis, the future chairman of the Lithuanian parliament Seimas and Edgar Savisaar, the future Estonian prime minister; and Metropolitan Alexy II (Alexy Ridiger), the future patriarch of the Russian Orthodox Church.What is less known is the role played by the MRC during the beginning of the post-Soviet era in the emergence of secessionist territories that strove to gain international recognition as independent states in their own right. The Molotov-Ribbentrop Pact and the secret protocol were the legal foundation of Soviet Moldova, which integrated the left and right banks of the Nistru River. During the interwar period, the former Tiraspol Uezd of Kherson Gubernia (in the Russian Empire) had its own autonomy, the Moldovan ASS, as part of Soviet Ukraine; the right bank, Bessarabia, belonged to Romania from 1918 to 1940. On June 23, 1990, the Moldovan Supreme Soviet confirmed the conclusion of the MRC and declared Moldova's sovereignty, identifying the territorial transfer of Romanian Bessarabia to the Soviet Union as illegal from the beginning. Responding to this, the left bank, Transnis
“苏联人民代表大会关于对1939年苏德互不侵犯条约进行政治和法律评估的委员会”(以下简称“莫洛托夫-里宾特洛甫委员会”)是苏联解体的一个重要里程碑。苏联外交部长维亚切斯拉夫·莫洛托夫和德国外交部长约阿希姆·冯·里宾特洛甫于1939年8月23日签署了该条约及其附带的秘密议定书,彻底重新绘制了东欧的地图。1939年和1940年,苏联将波罗的海国家、比萨拉比亚、卡累利阿和波兰东部领土纳入其领土。秘密议定书的存在是波罗的海知识分子长期以来一直关注的问题,尽管苏联当局一再否认它的存在。改革改变了这种情况。1989年6月8日,在波罗的海共和国的敦促下,第一届苏联人民代表大会决定成立湄公河委员会。如表1所示,MRC包括了不成比例的大量波罗的海国家的代表,他们认真地与MRC的多数派进行辩论,后者继续持传统观点,认为该条约利用“帝国主义之间的矛盾来争取时间”。1989年12月24日,苏联人民代表第二次代表大会听取了中委提交的报告,宣布《苏德互不侵犯条约》及其秘密议定书自签署之日起无效。这一决定促进了波罗的海各共和国的民族民主派在1990年2月至3月举行的苏维埃共和国选举中取得压倒性胜利。回顾MRC,人们会对其成员的水平感到惊讶:亚历山大·雅科夫列夫(主席)、尤里·阿法纳斯耶夫、乔治·阿尔巴托夫和奇奇兹·阿托马托夫是改革的明星理论家;波罗的海民族主义者或苏联掘墓人,如立陶宛议会未来的主席维陶塔斯·兰茨贝吉斯和爱沙尼亚未来的总理埃德加·萨维萨尔;以及未来的俄罗斯东正教大主教阿列克谢二世(阿列克谢·赖迪杰)。鲜为人知的是,在后苏联时代初期,在分裂主义领土的出现中,湄公河委员会发挥了作用,这些领土努力获得国际承认,成为自己的独立国家。《苏德互不侵犯条约》和《苏德互不侵犯条约密约》是合并涅斯特鲁河左岸和右岸的苏维埃摩尔多瓦的法律基础。在两次世界大战期间,赫尔松省的前蒂拉斯波尔乌兹德(在俄罗斯帝国)有自己的自治权,摩尔多瓦ASS,作为苏联乌克兰的一部分;右岸比萨拉比亚从1918年到1940年属于罗马尼亚。1990年6月23日,摩尔多瓦最高苏维埃确认湄公河委员会的结论,宣布摩尔多瓦主权,认定罗马尼亚比萨拉比亚领土转让给苏联从一开始就是非法的。对此,左岸德涅斯特河沿岸在1990年夏天组织了多次地方公民投票和城镇会议,并于1990年9月2日宣布成立摩尔多瓦共和国。这个由第二届人民代表大会确认的恢复苏联加盟共和国领土主权的想法,被转移到前苏联加盟共和国的其他更东部的领土上,这些领土从未受到《苏德互不侵犯条约》条款的约束。格鲁吉亚和阿塞拜疆开始认为自己是民主共和国的继承国,民主共和国在俄国革命后存在了很短的一段时间。这种复辟主义使得分离主义领土(德涅斯特河沿岸、阿布哈兹、南奥塞梯和纳戈尔诺-卡拉巴赫)与其母国(摩尔多瓦、格鲁吉亚和阿塞拜疆)之间的关系难以调和。1989年,波兰民族地区立陶宛、加高兹和南奥塞梯只是为了抵制其母国联盟共和国通过的语言法而要求获得自治地位,但在1990年,母国共和国采取的复辟主义作为国家建设的官方意识形态,导致这些地区追求联盟共和国的地位。…
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引用次数: 1
Open borders, closed minds: Russia's changing migration policies: Liberalization or xenophobia? 开放的边界,封闭的思想:俄罗斯不断变化的移民政策:自由化还是排外?
Q2 Social Sciences Pub Date : 2010-04-01 DOI: 10.3200/DEMO.18.2.101-121
C. Schenk
Abstract: Russia's choice to pursue restrictive immigration policies is counterintuitive, given the acute need for labor migrants. This analysis argues that in response to pervasive xenophobia, the state has embarked on a labor migration policy agenda that does not reflect the demographic reality of Russia's rapidly declining working age population. Institutional and societal manifestations of xenophobia work together to demand and justify restrictive immigration policies. The state provokes and reinforces these nationalist attitudes through the media and discriminatory policies and practices such as ethnic profiling and allowing extremist groups to operate with impunity. The literature on migration policy systematically neglects illiberal polities, making this discussion linking the policy input of xenophobia to restrictive policy outputs a unique contribution to the ongoing study of how states respond to immigration. (1) Keywords: demographic crisis, immigration policy, labor migration, nationalism, Russia, xenophobia ********** New migration rules in Russia, enacted on January 15, 2007, are part of an ongoing effort to address the current demographic crisis. In a period of massive population decline, the state has made policy efforts to create balanced immigration by enticing Russian "compatriots" while limiting migrants from the former Soviet countries of the Commonwealth of Independent States (CIS). While CIS citizens are not required to have visas to travel to the Russian Federation, the 2007 legislation introduced a quota system limiting the number of work permits available to these migrants. (2) Quota levels have decreased every year since their institution, shrinking incrementally from 6 million in 2007 to 1.3 million in 2010. Furthermore, in the sector of retail trade (almost exclusively manned by immigrants), foreign workers were banned altogether as of April 2007. Why would Russia, whose population is decreasing by 700,000 per year, institute restrictive immigration policies? (3) In fact, many believe immigration is the only source of population growth in Russia. (4) This article argues that in response to growing xenophobia in society, the state has embarked on a labor migration policy agenda that does not reflect the demographic realities present in Russia. Nationalism and xenophobia have a number of manifestations in both the state and society. The state continually reinforces nationalist attitudes through the media and discriminatory policies. These efforts resonate with the public, which passively supports xenophobia, and with nationalist actors who actively promote anti-migrant agendas. Pervasive institutional and societal manifestations of xenophobia work together to both demand and justify restrictive immigration policies. By setting forth the Russian case as an example of a state that uses restrictive policies and nationalist discourse as key components of its immigration strategy, this article contributes to an understanding
摘要:考虑到对劳务移民的迫切需求,俄罗斯选择实施限制性移民政策是违反直觉的。这一分析认为,为了应对普遍存在的仇外心理,俄罗斯政府已经启动了一项劳动力移民政策议程,该议程没有反映俄罗斯劳动年龄人口迅速下降的人口现实。仇外心理的体制和社会表现共同要求并证明限制性移民政策是合理的。国家通过媒体和歧视性政策和做法,如种族定性和允许极端主义团体不受惩罚地运作,挑起并加强了这些民族主义态度。关于移民政策的文献系统地忽略了非自由主义政策,使得这种将仇外心理的政策投入与限制性政策产出联系起来的讨论,对正在进行的关于各国如何应对移民的研究做出了独特的贡献。(1)关键词:人口危机,移民政策,劳动力迁移,民族主义,俄罗斯,仇外心理********** 2007年1月15日颁布的俄罗斯新移民规则是解决当前人口危机的持续努力的一部分。在人口大量减少的时期,国家做出了政策努力,通过吸引俄罗斯“同胞”来创造平衡的移民,同时限制来自独立国家联合体(CIS)的前苏联国家的移民。虽然独联体公民前往俄罗斯联邦不需要签证,但2007年的立法引入了配额制度,限制了这些移民可获得的工作许可证的数量。(2)名额自设立以来逐年减少,从2007年的600万逐步减少到2010年的130万。此外,在零售业(几乎完全由移民经营),自2007年4月起,外国工人被完全禁止。俄罗斯的人口每年减少70万,为什么要制定限制性的移民政策?事实上,许多人认为移民是俄罗斯人口增长的唯一来源。(4)本文认为,为了应对社会上日益增长的仇外心理,国家已经开始了一项不反映俄罗斯目前人口现实的劳工移民政策议程。民族主义和仇外心理在国家和社会中都有许多表现形式。国家通过媒体和歧视性政策不断强化民族主义态度。这些努力在被动地支持仇外心理的公众和积极推动反移民议程的民族主义行动者中产生了共鸣。普遍存在的仇外心理的体制和社会表现形式共同要求并证明限制性移民政策是合理的。通过将俄罗斯的案例作为一个使用限制性政策和民族主义话语作为其移民战略关键组成部分的国家的例子,本文有助于理解法律是如何受到一个国家中占主导地位的意识形态结构的影响的。为了实现这一目标,本文分为两个部分。首先,对文献的回顾为俄罗斯作为一个移民接收国创造了一个理论背景。其次,对俄罗斯当前政策和由此产生的仇外心理的分析表明,在政策形成过程中,民族主义情绪如何战胜人口现实。看看当前的移民文献,就能证明俄罗斯案例的重要性。尽管俄罗斯是仅次于美国的第二大移民接收国,但它并不完全符合现有文献的参数。因此,我们有机会通过确定俄罗斯案例可以填补的空白来推进讨论。与移民政策有关的文献,特别是调节劳动力迁移的文献,可以大致分为投入(影响选择何种政策类型的因素)和产出(政策本身)。…
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引用次数: 22
Beyond Corruption: An Assessment of Russian Law Enforcement’s Fight Against Human Trafficking 超越腐败:对俄罗斯执法部门打击人口贩运的评估
Q2 Social Sciences Pub Date : 2010-01-01 DOI: 10.2139/SSRN.1462842
Lauren A. McCarthy
Over the past two decades, human trafficking has become an increasingly serious problem for Russia. Because it has been framed as a manifestation of transnational organized crime, law enforcement has the primary role in making sure that traffickers are found and punished. Russian law enforcement’s perceived failure to effectively prosecute traffickers is often blamed on corruption and their efforts have been criticized by domestic and foreign actors alike. This article explores human trafficking in the context of the criminal justice system as a whole, examining the incentives and disincentives that Russian law enforcement agencies have for enforcing anti-trafficking laws. Analysis reveals that poor performance is not due solely to corruption or disinterest in human trafficking. Structural impediments combined with problems specific to the anti-trafficking law have made it more likely that they will use other parts of the Criminal Code to prosecute traffickers instead of the laws specific to trafficking.
在过去的二十年里,人口贩卖已经成为俄罗斯日益严重的问题。由于它被定义为跨国有组织犯罪的一种表现,执法部门在确保发现和惩罚贩运者方面发挥着主要作用。俄罗斯执法部门被认为未能有效起诉人贩子,这往往被归咎于腐败,他们的努力受到了国内外人士的批评。本文将在整个刑事司法系统的背景下探讨人口贩运问题,考察俄罗斯执法机构在执行反贩运法律方面的激励和抑制因素。分析显示,表现不佳并不仅仅是因为腐败或对人口贩运不感兴趣。结构性障碍加上反贩运法特有的问题,使他们更有可能使用《刑法》的其他部分来起诉贩运者,而不是专门针对贩运的法律。
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引用次数: 22
A Tale of Two Transitions: Exploring the Origins of Post-Communist Judicial Culture in Romania and the Czech Republic 两个过渡的故事:探索罗马尼亚和捷克共和国后共产主义司法文化的起源
Q2 Social Sciences Pub Date : 2010-01-01 DOI: 10.3200/DEMO.18.1.28-55
Daniel J. Beers
Abstract: Much of the debate about the rule of law in democratizing states centers on formal institutional design as the key to building a democratic judiciary. While acknowledging the importance of a good institutional blueprint, I argue that superior institutional rules do not necessarily lead to a healthy judicial culture that enshrines democratic principles and compels actors within the judiciary to take the formal rules seriously. Drawing on nearly 400 original survey and interview responses from judges in Romania and the Czech Republic, this article offers an empirical overview of aggregate-level trends across several key dimensions of judicial culture, including perceptions of judicial independence, attitudes toward corruption in the judiciary, and the professional satisfaction and commitment of judges. The findings of the study not only run counter to the institutionalist thesis that better institutional rules will produce a more democratic judiciary, they suggest an important theoretical linkage between judicial culture and patterns of trust in the self-governing institutions of the judiciary. (1) Keywords: Czech Republic, democratization, judicial culture, Romania, rule of law ********** In both academic and policy circles, the "rule of law" (2) is often treated as a kind of panacea for democratizing states--at once credited with protecting the basic rights and liberties of citizens, providing a key horizontal check on government power, and laying the institutional groundwork for a functioning market economy. (3) In turn, a substantial body of literature has emerged in recent years examining the development of the rule of law in politically transitioning states around the world, including a significant corpus of research focused specifically on the challenges faced by transitioning legal systems in the post-Communist region. One of the clearest themes in this literature is the importance of institutional design in the post-Communist legal reform process. More specifically, reform advocates argue that by crafting institutional rules that encourage judicial independence and protect against political interference in the judiciary, policymakers can stave off corruption and lay the foundations for the democratic rule of law. However, empirical studies of courts in the region tell a different story, indicating that court performance is seldom a direct function of formal institutional powers and protections. Moreover, a large body of social science research suggests that formal legal institutions, like other political and social institutions, are shaped by powerful informal rules and norms that may contradict or undercut the effectiveness of formal procedures and safeguards. Following these insights, the present study explores the role of the judiciary's informal culture in the process of post-Communist legal reform. While acknowledging the importance of a good institutional blueprint, I argue that superior institutional rules do not necessari
摘要:关于民主化国家的法治问题,很多争论都集中在正式制度设计这一构建民主司法的关键问题上。在承认良好制度蓝图的重要性的同时,我认为,优越的制度规则并不一定会带来一种健康的司法文化,这种文化将民主原则奉为神圣,并迫使司法机构内的行为者认真对待正式规则。根据罗马尼亚和捷克共和国法官的近400份原始调查和访谈回复,本文对司法文化几个关键维度的总体趋势进行了实证概述,包括对司法独立的看法、对司法部门腐败的态度以及法官的职业满意度和承诺。这项研究的结果不仅与制度主义的论点背道而驰,即更好的制度规则将产生更民主的司法制度,而且表明司法文化与对司法自治机构的信任模式之间存在重要的理论联系。(1)关键词:捷克共和国、民主化、司法文化、罗马尼亚、法治**********在学术界和政策圈,“法治”(2)经常被视为国家民主化的一种灵丹妙药——它保护了公民的基本权利和自由,为政府权力提供了关键的水平制衡,并为市场经济的运作奠定了制度基础。(3)反过来,近年来出现了大量研究世界各地政治转型国家法治发展的文献,其中包括大量专门关注后共产主义地区法律体系转型所面临挑战的研究。这些文献中最清晰的主题之一是制度设计在后共产主义法律改革过程中的重要性。更具体地说,改革倡导者认为,通过制定鼓励司法独立、防止政治干预司法的制度规则,政策制定者可以避免腐败,为民主法治奠定基础。然而,对该地区法院的实证研究却讲述了一个不同的故事,表明法院的表现很少是正式制度权力和保护的直接功能。此外,大量社会科学研究表明,正式的法律制度,像其他政治和社会制度一样,是由强有力的非正式规则和规范形成的,这些规则和规范可能与正式程序和保障措施的有效性相矛盾或削弱。根据这些见解,本研究探讨了司法非正式文化在后共产主义法律改革过程中的作用。虽然承认良好的制度蓝图的重要性,但我认为,优越的制度规则并不一定会带来健康的司法文化。它将民主原则奉为神圣,并迫使司法部门的行为者认真对待正式规则。相反,司法机构的非正式文化反映了正式机构设计范围之外的各种关切,这些关切往往与旨在促进透明度和司法独立的正式结构和保障措施相互矛盾。反过来,如果我们有兴趣在该地区的转型国家建立法治,我认为,我们不仅必须注重设计良好的制度,还必须注重促进一种有助于实现这一目标的非正式司法文化,而不是与之相悖。本文利用罗马尼亚和捷克共和国法官近400份原始调查和访谈回复,对这两个后共产主义国家司法文化的总体趋势进行了实证概述。调查了非正式文化的几个关键维度——包括对司法自主的看法、对腐败和职业不端行为的态度,以及法官的职业满意度和承诺——我证明,这两个案例中的宏观层面的态度模式与制度主义的论点背道而驰,即更好的制度规则将产生更民主的司法。…
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引用次数: 7
Corruption, Inequality, and the Rule of Law: The Bulging Pocket Makes the Easy Life 腐败、不平等与法治:鼓鼓的口袋让生活更轻松
Q2 Social Sciences Pub Date : 2010-01-01 DOI: 10.5860/choice.46-3495
Ararat L. Osipian
Corruption, Inequality, and the Rule of Law: The Bulging Pocket Makes the Easy Life, Eric Ulsaner. New York: Cambridge University Press, 2008.In his book Corruption, Inequality, and the Rule of Law: The Bulging Pocket Makes the Easy Life, Eric Uslaner takes on the task of researching the interception of such fundamental determinants as corruption, inequality, and the rule of law. While inequality and the rule of law are by now well-researched both quantitatively and qualitatively, the issue of corruption remains in many ways terra incognita even for the scholarly community, and more so for professionals and ordinary people. Corruption itself is often a taboo topic in state and international organizations. For reasons based on political correctness and diplomacy, many public figures avoid talking about this inconvenient topic, as do many scholars. Uslaner is obviously not one of those politically correct scholars. He pinpoints the roots of corruption, saying that it rests "upon economic inequality and low trust in people who are different from yourself. Corruption, in its turn, leads to less trust in other people and more inequality" (4).Built around the concept of the inequality trap, the book takes us through the definitions and conceptualizations of corruption, theoretical frameworks, aggregate cross-national tests of the inequality trap thesis, and corruption in former Communist countries, as well as suggestions on how to eliminate corruption. Cases of countries successful in curbing corruption, such as Singapore and Hong Kong, are also addressed in this study. To the author's credit, he uses examples of malfeasance in the United States as well. Measurements of corruption that remain a constant challenge for any researcher are taken into account.Traditionally-to the extent that the field of corruption may fit the definition of traditional- political science writings on corruption remain largely built around specific cases. Uslaner clearly breaks this tradition, and does it exceptionally well. One cannot help but be impressed by the scope of quantitative econometric analysis presented, both within the text and in the appendices. This is rather unusual for a political science book, especially one focused on such a "data scarce" problem as corruption. Even though some proxies used in the regression analysis may be interpreted as quite liberal approximations, the presence of such analysis is a clear and bold merit of the book. Indeed, it makes it an unparalleled source of information to which a graduate student or a scholar may turn not just for excellent analytical points, but for the results of data analysis as well.Uslaner points continuously to the merits and virtues of universal education, including in the task of reducing corruption. …
《腐败、不平等和法治:鼓鼓的口袋让生活更轻松》,埃里克·乌尔萨纳著。纽约:剑桥大学出版社,2008。在他的《腐败、不平等和法治:口袋鼓鼓的让生活更轻松》一书中,埃里克·乌斯兰纳(Eric Uslaner)研究了腐败、不平等和法治等基本决定因素的拦截。虽然不平等和法治在数量和质量上都得到了很好的研究,但腐败问题在很多方面仍然是学术界的未知领域,对专业人士和普通人来说更是如此。腐败本身在国家和国际组织中往往是一个禁忌话题。出于政治正确和外交的原因,许多公众人物和许多学者都避免谈论这个不方便的话题。Uslaner显然不是那种政治正确的学者。他指出腐败的根源在于“经济不平等和对与自己不同的人缺乏信任”。腐败,反过来,导致对他人的信任减少和更多的不平等”(4)。围绕不平等陷阱的概念,这本书带我们通过腐败的定义和概念化,理论框架,不平等陷阱论文的综合跨国测试,以及前共产主义国家的腐败,以及如何消除腐败的建议。本研究还讨论了新加坡和香港等成功遏制腐败的国家的案例。值得赞扬的是,作者还列举了美国的渎职行为。对任何研究人员来说,腐败的衡量都是一个持续的挑战。传统上——在某种程度上,腐败领域可能符合传统的定义——关于腐败的政治科学著作仍然主要围绕具体案例展开。Uslaner显然打破了这一传统,而且做得非常好。无论是在正文中还是在附录中,定量计量经济学分析的范围都给人留下了深刻的印象。这对于一本政治科学书籍来说是相当不寻常的,尤其是一本关注腐败这样一个“数据稀缺”问题的书。尽管在回归分析中使用的一些代理可能被解释为相当自由的近似,但这种分析的存在是本书的一个明确而大胆的优点。事实上,它使它成为一个无与伦比的信息来源,研究生或学者不仅可以为出色的分析点而求助,也可以为数据分析的结果而求助。Uslaner不断指出普及教育的优点和优点,包括在减少腐败的任务中。…
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引用次数: 139
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Demokratizatsiya
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