Organised Crime in Russia© John Lea 2007 |
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IntroductionThe emergence to international prominence of Russian organised crime groups is a characteristic of the period after 1990. However, systems of traditional organised crime in Russia date back centuries. During the revolutionary period of 1917-20 criminal gangs proliferated. The criminal underworld was known as the "vorovskoy mir" or "thieves' world". The establishment of the Soviet Union brought order and stability and the new security service the NKVD (forerunner of the KGB) dealt severe blows to criminal organisation. However after 1924 the Soviet Union, (the Union of Soviet Socialist Republics - USSR) now ruled by the clique led by Joseph Stalin, placed increasing numbers of political dissidents, alongside ordinary criminals, in the system of forced labour camps known as the Gulag. It was here, in the internal life of the prison camps that organised crime underwent a revival. Prison gangs, known as "vory v zakone" or "thieves of the code" developed a powerful system of organisation of mutual support. It should be understood that the gulag was a vast penal network of around 470 camp complexes, of which many were located in the wastes of Siberia and the Soviet Far East. The death rate from starvation and overwork was high and is estimated to have been in the millions during the Stalin period which ended in 1953 after which time the population of the camps was reduced.
Nevertheless the prison gangs adopted codes of conduct, rules, values, and sanctions that bound them together in a strong organisation led by the elite “vory v zakone,” This organisation of thieves maintained the rituals and bonds and the climate of trust between thieves, and vows of silence which were necessary for the effective conduct of organised crime. Outside the labour camps they had their own secret courts that enforced the codes of honour and tradition in a manner very similar to that of the Sicilian Mafia. Just as joining a traditional Mafia family often involved the mixing of blood and swearing of oaths, so acceptance into the 'Vor' was often marked by tattooing which would reflect the rank of the individual and his criminal achievements. The table below summarises the main similarities and differences between the traditional Sicilian Mafia and the traditional Russian gangs
Corruption in the USSRIt
is important to understand that organized crime and political
corruption go back to the core features of the old system. The Soviet
Union was ruled by a vast bureaucracy. The route to the top was through
membership of the Communist Party, the only official political party in
the USSR. In western countries there is the political elite of
politicians and senior civil servants (who are often wealthy before
they go into politics) and then there is the business elite, outside
politics, of wealthy business people, stockbrokers etc. In the Soviet
Union these two groups were one and the same. There was no formal
ownership of private property, real estate, stocks and shares etc. To
get your hands on wealthy and a secure lifestyle you had to rise up
through the ranks of the Communist Party apparatus rather than make a
killing on the stock exchange as you do in the west. Whereas the skills
of the western millionaire lie in the sphere of business acumen, the
skills of the soviet ‘millionaire’ lay in political manoeuvring. The
general name used in the rest of this text for the Soviet ruling class
which, as I have said, combined the business and political elites in a
single structure, is ‘the bureaucracy’ Under the old Soviet system then, the bureaucracy engaged in widespread corruption. This gave a number of opportunities to organised crime groups. But the always were the subordinate players. No criminal group came anywhere near the power of the Soviet state apparatus – the army and the KGB secret police – when it came to getting things done. There was only a minor role for organised crime in providing ‘protection’ and ‘mediation’ services Patricia Rawlinson, offers an insightful assessment of the relationship between organized crime and the state in Russia. "The history of organized crime in Russia," she writes, "...has been a history of responses by legitimate structures to the presence of the former." By legitimate structures she refers to the political, economic and criminal justice system - in short, the state. Her interpretation makes the legitimate structures the initially dominant partner, since it is their responses to organized crime which determine, up to a certain point, organized crime's development. Rawlinson explains her analysis within the framework of an intriguing model called the Chameleon Syndrome, which traces the ability of organized crime, through interactions with the legitimate structures, to merge with and eventually play a proactive role in the Russian state. Organized crime was able to assert itself because the legitimate structures increasingly relied on the former's services for survival. Looking at the history of Russian organized crime and its relationship with the state through the Chameleon Syndrome allows us to appreciate why the Russian perception of organized crime is synonymous with the state mafia. (Patricia Rawlinson "Russian Organized Crime: A Brief History" in Phil Williams ed. (1995) Russian Organized Crime: The New Threat? London: Taylor & Francis (p 50.) The transition to capitalismAt the beginning of the 1990s the Soviet Union collapsed as a coherent political entity and the individual republics which had made up the USSR moved in different directions. The majority, including the largest member, Russia, chose to dismantle the system of detailed state control of the economy, to sell off state companies to private business and to generally adopt democracy and the capitalist and free market economic of its erstwhile enemies. The conditions under which this transition took place provided, as we shall illustrate below, a tremendous boost to the development of organised crime By the end of the 1980s the
Soviet system was in disarray, the military competition of the Cold War
having exhausted its resources. Mikhail Gorbachov who wanted to
consolidate reform within the existing Soviet system was ousted by the
current Russian leader Boris Yeltsin. From this point on we speak of
Russia rather than the Soviet Union or the USSR. The USSR was a vast
federation of allegedly independent republics but in fact ruled from
Moscow. One of the first things to happen was that these other
republics moved to independence. Places like Kazakhstan, Uzbekhistan,
Georgia, Ukraine, etc. are no longer part of the USSR but independent
states, though obviously with close historical ties to Russia which was
the leading republic in the Soviet Union. To make matters more
complicated Russia itself is a federation of smaller regions, not all
of which are happy with the existing set up. You may have read about
the civil war in Chechnya for example where a large proportion of the
population want independence from Moscow. We are dealing now with a
part of the world which for 80 years was kept very stable under the
domination of the Soviet system now becoming one of the more unstable
areas of the world. The transition took place under conditions of extreme economic deprivation and shortages. The government cut public spending and many members of the armed forces, police and state security (KGB) found themselves unemployed. There was something like a 50 percent fall in real incomes during the 1990s. Crime rates rose during the same period by somewhere in the region 190 percent. Social polarisation between new capitalists who were enriching themselves in the new market economy (by the mid 1990s they were between 5 and 12 percent of the population) and the poor, increasingly unemployed, workers and former soldiers and state employees increased massively. The gap between salaries of richest and poorest 10 percent of Russians grew to 26 times in December of 1995. In Moscow the formation of the upper class took place faster. Approximately 21 percent of the population (nearly 32 million) in Russia 1997 had incomes below the poverty level. Many Russians, including many former government workers turned to crime, others joined the large numbers of Soviet citizens who moved overseas primarily to the United States and the Mafia became a natural extension of this trend. Under such conditions the old informal economy of smuggled goods sold in street markets assumed a major importance. This increased the power of the criminal groups who controlled these markets. Secondly, for a long period there was no proper legal framework for private enterprise. By 1991 the private sector contributed 14 percent of national industrial production but there was still no clear legal title to private property in the means of production. An illustration is the problem of copyright law. Under the Soviet system where there was simply one state publishing house the problem did not arise. But now there are a proliferation of independent publishers. One recent example (1992) was that the publisher of a Russian translation of ‘Gone with the Wind’ who paid an American publisher for the translation rights found at least 10 other publishers were putting the book out as well. He couldn’t sue them for violating his translation rights because his purchase of sole rights from the American publisher could not be enforced in the Russian courts. Under such circumstances, where there is no legal redress for the enforcement of rights, the recourse to threats and armed force as a way of enforcing ones ‘rights’ is of course attractive. Thirdly, as a glance at the map above will show, Russia is well placed as regards the international heroin trade. Bordering both on Afghanistan, where the majority of the worlds illegal heroin crop is grown, and on the Balkans - itself an area thrown into crisis during the 1990s with the breakup of Yugoslavia - Russia was an ideal territory for the opening up of a new northern route for heroin trafficking. Added to this the massive economic crisis and cuts in state spending on police, military and security services meant that law enforcement agencies were in a weak position in relation to the traffickers and other organised criminals The result was an expansion of organised crime throughout all areas. The 'vory' assumed a leading role in this development. They were the most organised and powerful. Their origins in prison fraternities faded into the past as they become powerful territorial mafias and became more like their Sicilian counterparts in terms of the control of territory and populations and also penetration into business and politics. Smaller or more flexible gangs of smugglers and traffickers passed under their 'protection' rather like smaller drug dealers paid protection money to the Sicilian and American Mafias. Because of the rapid development of economic crisis in Russia and the vast changes under way during the 1990s, they become, if anything, more pervasive in Russian society than their counterparts in the West. According to the CIA Handbook of 1996 "Unlike organized crime in other countries, which controls only such criminal activities as drug trafficking and gambling, and specific types of legitimate enterprise such as municipal trash collection, the Russian crime organisations have gained strong influence in a wide variety of economic activities. In addition, beginning with the collapse of the Soviet Union and the weakening of border controls, Russia has been drawn into the network of international organized crime. In this way, Russia has become a major conduit for the movement of drugs, contraband, and laundered money between Europe and Asia. In 1995 an estimated 150 criminal organisations with transnational links were operating in Russia. "Among the main targets of organized crime are businesses and banks in Russia's newly privatised economy and foreigners--both individual and corporate--in possession of luxury goods or the hard currency (see Glossary) to purchase them. Many of Russia's mafiya figures began their "careers" in the black market during the communist era. They are now able to operate overtly and are increasingly brazen. Many current and former government officials and businesspeople have been identified as belonging to the mafiya network. "The 1994 report to the president described collusion between criminal gangs and local law enforcement officials, which made controlling crime especially difficult. The enforcement problem, which became acute in 1993, was exacerbated by overtaxation, confusing regulations, and the absence of an effective judicial system. By 1993 criminal groups had moved into commercial ventures, using racketeering, kidnapping, and murder to intimidate competition. In 1994 an MVD official estimated that there were 5,700 criminal gangs in Russia, with a membership of approximately 100,000. "In March 1995, Vladislav List'ev, a prominent television journalist, was assassinated. List'ev had been a supporter of efforts to stop corruption in state television, where large amounts of advertising revenues were being extorted by organized crime. A Russian news agency reported that, between 1992 and mid-1995, there had been eighty-three attempts--forty-six of which were successful--to kill bankers and businesspeople. In 1996 contract killings remained a regular occurrence, especially in Moscow. To sum up, the main areas of organised crime activity were: Expansion of the drugs and trafficking of heroin and other items, particular due to the favourable position of Russia as a link between Western Europe and South Asia Expansion of the informal economy of smuggled and 'black market' goods, due to shortages and economic disruption. The major outlet for these activities were the various street markets that developed in big cities and the network of 'kiosks' which they contained. These markets were a meeting place for smugglers of all types and fell under the protection of the powerful 'vor' gangs Penetration of the world of business and banking. The most well organised Mafia groups were able, during the turmoil of the 1990s, to expand their activities in business and particularly the banking worlds- both running protection rackets and owning businesses themselves. This was an important development which facilitated the money laundering activities of the Russian Mafia. Expansion of private protection. The weakness of the state law enforcement agencies combined with weakness of the legal system to deal with the complexities of a new capitalist market economy enabled Mafia groups to establish 'private security' companies to sell protection to companies and powerful interests. We shall now deal with each of these areas in more detail DrugsThe opening up of the territories of the USSR which were officially at least a ‘drug free zone’ has meant new trade routes – for example the last major war fought by the Soviet army was in the 1980s in Afghanistan. The result was not favourable to the USSR but had the effect of opening up new drug supply routes from Afghanistan through Russia and the Balkans and then on to Western Europe: much as the earlier American ‘adventure’ in Vietnam had done much for heroin supply routes to the US. This has strengthened the activities of organised crime groups. Russian groups have now become active on the international stage, making alliances with the Sicilian mafia and the Latin American cocaine groups for the international distribution of drugs and for money laundering. The number of criminal organisations is estimated to have grown from 3,000 in 1990 to 8,000 in 1995. A major source of information is a study by the Italian criminologist Letizia Paoli [Letizia Paoli (2001) 'Drug trafficking in Russia: A form of organized crime?' Journal of Drug Issues, (31)4: 1007-1038]. She notes that until the 1990s Russia was relatively isolated from the international drugs trade. All this changed with the end of the USSR and the 1990s saw the emergence of the professional drug dealer and traffickers linked into alliances with international drug trafficking and manufacturing networks, Police experts believe that nearly 1,600 criminal groups in Russia are engaged in the drug trade, which are composed of at least 6,000 people But she warns against "the
idea that drug trafficking is dominated by large, structured criminal
groups" In her study "the crimes committed by 'organized crime
groups' represent less than 1% of the total drug offences reported in
Russia and in 1999 accounted for only 4. 1 % of drug trafficking
cases." As a Moscow police officer put it, "there are no Colombian drug cartels here. There are instead many small groups that are made of people belonging to the same nationality or ethnic group. There is not one single river, but many streams that flow independently on one another." She concludes: "I hardly dare to tell it my colleagues back home, but for the moment we have no proof of a large-scale involvement of Russian organized crime in the illegal drug trade. Our investigations so far show that the latter is characterised by a low level of sophistication and organisation." In other words the organisation of drug trafficking in Russia seems to be decentralised and in the hands of a plurality of dealers and traffickers. It conforms most likely to the 'network' model that we discussed in earlier lectures. The involvement of the large well organised groups may well be, as suggested above, one of 'taxation' of the financially lucrative drugs trade Informal EconomyMuch the same might be said of the informal economy. As noted already, the existence of an informal economy of smuggled and stolen goods goes back to Soviet times. In the harsh times of the 1990s and under conditions in which the legal system and law enforcement were imperfect the blurring of boundaries between legal and illegal enterprise increased. A perfectly legal company might source its products more cheaply from smugglers or Mafia sources. A recent survey of entrepreneurs in the Ukraine, a former Soviet republic neighbouring Russia, found that even as late as 2005 something like 40 percent of legally registered businesses starting up over the previous 3 years conducted a portion of their trade in the informal 'off the books' economy. Only 10 percent operated on a wholly legitimate basis [Colin Williams and John Round (2007) 'Entrepreneurship and the Informal Economy: A study of Ukraine's Hidden Enterprise Culture. Journal of Development Entrepreneurship. March issue] Business and BankingThe
blurred boundaries between the informal and legal economies assisted
organised crime groups in penetrating the legal economy, and in
particular the financial sector. The context was the rapid collapse and
privatisation of the state economy during the early 1990s. There are
two aspects to this. Firstly, following the collapse of the Soviet
system an alliance emerged between traditional organised crime -
racketeers, drug smugglers, traders in the informal economy etc. - and
sections of the corrupt state bureaucracy. The racketeers had acted as
pipelines for the channelling of the profits of corruption under the
old Soviet regime. By the late 1980s many state bureaucrats saw the
what was coming and wanted their wealth safe in a Swiss bank account or
invested in luxury property in London, and so turned to the organised
crime groups to help them. Currency exports is a major role of Russian
Mafiya. Thus in 1996, according to Swiss private bankers, enormous
private wealth was flowing into Switzerland, the world's number one
private banking centre. Banking sources revealed that Russian deposits
at Swiss banks had more than doubled to well over $3 billion during the
mid 1990s and, with capital flight from Russia running at hundreds of
millions of dollars every month, were likely to increase further. The
worse the economic situation in Russia the more the elite wanted to get
its money from roubles (the value of the rouble had been falling
drastically on the international exchange markets) into dollars,
deutschmarks, (remember, this was before the Euro) or sterling and get
it out of the country into a secure investment elsewhere. Thus at one
time it was rumoured by London estate agents that Russians were turning
up with £300,000 in cash to buy flats in Earls Court and similar
areas
of London. Russians were
issued with vouchers corresponding to their share of the 'peoples
wealth' which could be traded as shares and exchanged for actual shares
in state enterprises. The buying and selling of these vouchers created
a field day for both the Mafia and the bureaucracy. At public auctions
of state property investors were threatened by gangsters who wanted to
buy up the property cheaply. Citizens were persuaded to sell their
vouchers to 'investment funds' that promptly vanished. In November 1994
traffic in central Moscow was blocked by angry investors demanding
compensation for their losses to the Technical Progress voucher fund
which had vanished, together with its directors. In other cases leading
officials spirited away thousands of shares so that the old bureaucrats
who had managed the state enterprises simply became the majority
shareholders in the newly 'privatised' enterprises. Private ProtectionBut probably the most high profile activity of the organised Mafia groups was in the area of private protection: the sale of protection services to those who could afford them. The Mafia was responding to a genuine problem associated with the speed of the transition from a state controlled to a market economy. There were several aspects of the situation which are important First, the question of a legal code. The issue here did not concern criminal law which did not need much modification in the transition from a state to a market economy. Rather the issue was that branch of civil law concerned with the regulation of the relations between companies, and between companies and consumer and investors. The issue of copyright law was mentioned earlier. In a state controlled economy such as the USSR the relations between different enterprises were administrative questions. If a raw material manufacturer failed to deliver, say, an agreed amount of steel, to an armaments factory, then the appropriate branch of the state bureaucracy would sort it out. The KGB might be called in and the manager of the steel factory could look forward to a spell in the gulag. But in a private market economy it's a question of a relationship between two independent privately owned enterprises. The armaments manufacturer would have to sue the steel company for breach of contract. This presupposes a clear law of contractual obligations, together with judges and lawyers who understood the law inside out and knew how to assemble a case for court. Due to the rapidity of transition to a privately owned economy during the early 1990s that body of competence was lacking. The law was vague: what precisely is a contract to deliver goods? Under what conditions is it violated? All these were rather cloudy as were other aspects of the new capitalism: what is debt interest, what rights flow from the ownership of shares? what were the obligations of a company to declare its assets? what are the taxation obligations of private companies etc. Things were such a mess that some lawyers suggested simply importing wholesale the legal code of another country, Germany for example, and trying to apply it to Russia! There were of course commercial courts in existence. Indeed many of the larger enterprises settled their disputes through the system known as 'Arbitrazh' (arbitration) through tribunals that had existed in the Soviet period. But this did not necessarily overcome a second set of problems: enforcement of court decisions. It was often up to the plaintiff to secure the enforcement of a court decision or at least pay the costs. Firms owing money as a result of a court or tribunal decision would often find ways to silt the money away through secondary bank accounts and similar devices. The people who felt these problems most acutely were the new small and medium sized enterprises who, with limited resources, needed speedy settlement and enforcement of disputes.
The result was a widespread loss of legitimacy by the state and its various agencies. This was illustrated by various surveys conducted during the mid 1990s. Frederico Varese in his book on the Russian Mafia [F. Varese (2001) The Russian Mafia: private protection in a new market economy. Oxford: Oxford University Press] reports the 'New Russia Barometer' Survey conducted in 1993-4 which asked respondents: ‘if you had a grievance, would you expect fair treatment from.. and then mentioned various agencies. Only 20 percent of respondents reckoned they would get fair treatment from the police and courts. The highest was the social security system (70 percent) A similar survey in 1993 conducted by Glasgow University found that only 16 percent of respondents expected fair treatment by public officials. Russia was very much now like Sicily on a gigantic scale; the weakness and corruption of the central state created a space for various forms of private, including criminal, agencies to provide the services which the state should have been providing. The Italian sociologist, Frederico Varese made the comparison explicit "The absence of a credible state, which provides rights and enforces them, undermines not only trust in the state, but also among citizens. The business community has so far not developed a set of rules of the game which holds in the absence of an enforcing central agency. There is in fact a high rate of crimes committed by business people against other business people. A number of cases have been reported in which the arrested criminals were members of trade and purchasing co-operatives with ambitions to rid themselves of their competitors, employing guns and explosives." (245) [Varese, F. (1994) 'Is Sicily the Future of Russia? Private Protection and the rise of the Russian Mafia.' European Journal of Sociology (25)2: 224-258] The result was a massive expansion of private security companies of various shades. The cuts and unemployment in military, police, and security agencies had produced large numbers of highly trained men looking for work. Meanwhile firearms were easily acquired. From the point of view of the small company, anxious to recover its debts from someone who refused to carry out a court order then why wait for a cumbersome legal process and half hearted interventions from an over-worked, under-paid police force when, for a price, men in dark glasses and leather jackets, a fast car and some impressive weaponry, would do the job in no time at all! Many private security companies, founded often by former KGB officers, were perfectly legal and very much like their western counterparts such as 'Group Four' or 'Securicor'. They would perform similar functions such as guarding business premises, banks etc. The mafia, however occupied the illegal end of the spectrum. They hired themselves as contract enforcers, collectors of bad debts, settlers of disputes, much like the Sicilian Mafia. They would even engage, on behalf of companies which they partly owned, in the elimination of competitors. In a similar way to the Sicilian Mafia they would organise protection rackets on profitable companies, shops and restaurants. They would use their wealth to extend loans to enterprises in need of credit, which they would then take part-ownership of. The effect of mafia capitalismSome commentators during the 1990s argued that organised crime played a progressive role in the maintenance of law and order, by providing a way of enforcing contracts, which made business possible until a properly enforced legal system was in place. Thus Phil Williams quotes one Russian analysis describing the role of the Mafia: “Russia's criminal world... has become the only force that can give stability, that is capable of stamping out debts, of guaranteeing the banks repayment of loans and of considering property disputes efficiently and fairly. The criminal world has essentially taken on the state functions of legislative and judicial authority.” (quoted in Williams 1997: 5-6) Thus
the argument was that we have to tolerate the Mafiya because in fact
they are showing the entrepreneurial spirit of capitalism and that once
the situation stabilises these people will move out of corruption and
crime to become the dynamic entrepreneurs of tomorrow’s new Russian
capitalism. They are seen as the new ‘robber barons’. (the phrase
‘robber barons’ refers back to the mediaeval bandit knights who
plundered the countryside. The phrase was used by American historians
to describe the activities of the great industrialists like J.P.
Morgan, John D. Rockefeller who, during the latter nineteenth century
broke every rule in the book and violated lots of laws but ended up
making great fortunes and consolidating the industrial base of the
United States. The idea is that the Mafia are going to fulfil a similar
role in Russia. Thus John Anderson, a US authority on banking and
finance believes that the mafia, by reinvesting its money in Russia
itself, assists the development of modern capitalism. "They (the
Russian mafia) are robber barons like the Rockefellers and the Morgans.
Today's mafioso is tomorrows banker and industrialist." (The Guardian
27 May 1994) The current situationThe current president, Vladimir Putin, himself a former KGB officer, has vowed to wage war on organised crime. To his advantage is the fact that the Russian economy is now booming, thanks to increasing demand from the West for Russian oil and natural gas. Reforms to the Criminal Code in 1992 brought guarantees, such as limits on detention of suspects, which were absent under the old system. In particular Putin has reversed some of the tendencies to privatisation and brought aspects of the economy back under state control. In particular Putin has moved against some of the so-called 'oligarchs'. The arrest in 2003 of Mikhail Khodorkovsky - the former head of Yukos, one of Russia’s largest oil companies – on charges of tax evasion, fraud, forgery and embezzlement largely stemming from the ‘loans-for-shares’ privatisation deals concluded in 1994 and 1995 has been regarded as a signal of a new tough regime. In 2002 after a wave of contract killings of businessmen by the Mafia, Putin admitted that "Organised crime still controls a considerable portion of the country's economy." It remains to be seen whether he can make any significant inroads. You can also read this fairly recent article Orlova, A. (2005) 'Organized
Crime and the Rule of Law in the Russian Federation' Essex Human
Rights Review (2)1
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