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What Is Mine Is Mine, What Is Yours Is Negotiable
Rosbalt News ^ | 7/30/03 | Peter Lavelle

Posted on 07/30/2003 10:19:38 AM PDT by DPB101

The Kremlin-Yukos conflict, almost a month old now, has shaken the conventional wisdom many had come to accept about the Vladimir Putin presidency.

In a nutshell, the standard interpretation before this happened was the following: Putin's 2000 agreement with the oligarchs called for strengthening the state without big business getting overly involved in politics. In turn, the state would not meddle too much in the affairs of the business empires - basically, in the Russian economy.

Of course, there are many nuances, but, essentially, the Yukos fracas has put this 'social contract,' as it were, into question.

Eventually, most likely very soon, this conflict will be resolved, but the aftermath may be a strong indicator of how Russian politics and the country's economy will develop in the future.

There are plenty of conjectures floating around about why the Kremlin decided to take on Mikhail Khodorkovsky's company; almost all focussing on the personal political ambitions of some and/or greed of others against the backdrop of the upcoming State Duma and presidential elections. However, most people who have written on this subject have passed over what recent events may imply about Putin's strength as president and the nature and future of his reform project for Russia.

If the aim of the attack is to nationalize Yukos - with the company's shareholders being expropriated - this would mean that Putin has embarked on a truly new policy direction. While this is possible, it would seem almost incredible in light of his actions over the past three years. Nationalizing Yukos would be a significant reversal in the area of property-rights protection and not fit in with what Putin has done as president thus far.

The issue of Putin's ability to control his subordinates needs greater attention. Is he too weak to stand firm against the plans of his former FSB-subordinates-turned-Kremlin-staffers? This may be true to some extent. However, if Putin allows his subordinates to dictate state policy in the sensitive area of "expropriation" of private property, then one must assume that Putin is just as amenable in other areas of policy making, including the state's attitude to direct foreign and portfolio investment into Russia.

This interpretation also seems to be quite incredible. If it were true, then we should expect official, centrist policy to support nationalization and neglect of meaningful property rights, which it does not.

The issue of property rights is, however, of course at the center of the conflict. The real reason is this: Putin's 2000 social contract created the conditions for a temporary truce between the state and the oligarchs. It did not resolve the issue of 'who owns Russia.' The contract put systemic change in Russia on hold, and we are now experiencing the consequences of neglecting this very important issue.

One solution is to codify in law a statute of limitations regarding the revisitation of privatizations during the 1990s - some claim the sooner, the better.

However, this writer supports such a course of action only with the proviso that a social fund be created for at least a decade that directs some of the super-profits generated by the few of the Yeltsin era to programs for the many that lost out as a result of the privatization process. Undoing the privatizations of the 1990s makes little sense at this point, especially if Russia's goal of doubling GDP in 10 years is to become a reality, but keeping those in mind who lost out during the transition away from Communism would contribute to Russia's struggling civil-society project.

It should not be expected that Putin address the issue before the elections - both State Duma and presidential. However, the outcome of the Yukos affair may cause the Kremlin to reflect on how unstable laws concerning property rights may affect economic growth after the widely expected re-election of Putin in the spring - including the creation of a Russia that is foreign-investment friendly.

In many ways, the Yukos affair may be a precursor of what to expect during Putin's second term. Putin has a very ambitious reform agenda, but he does not seem prepared to pay the price for his policy ambitions - giving up some political control by allowing strong private-sector involvement, whether in the person of Khodorkovsky or more generally.

There is no clear way out of this impasse. The unfolding of the State Duma election campaign and its outcome will be the most important indicators of how Putin views this crucial trade-off and whether he is capable of striking the right balance.

This unfortunate state of affairs may have a silver lining, though. Both the oligarchs and the Kremlin are attempting to use the law in their favor. Law in Russia, especially in terms of property rights, is clearly flawed and not up to the hopes and expectations of either the state or moneyed interests. After l'Affair Yukos is settled, both sides will hopefully come to the conclusion that the present system of property rights works to no one's advantage in the longer run.

US President John F. Kennedy was asked what it was like engaging Soviet leader Nikita Khrushchev for the first time. He retorted that dealing with Khrushchev was akin to confronting a man who claimed, 'What is mine is mine, what is yours is negotiable.' The oligarchs and the Kremlin are going through the same drill in a post-Soviet and still-unstable new Russia.

One thing seems to be clear, though: The outcome of the Yukos affair will tell us a lot about how Russia's reform project will continue as well as how much influence Vladimir Putin really has over the endeavor.


TOPICS: Business/Economy; Crime/Corruption; Extended News; Foreign Affairs; Russia
KEYWORDS: abramovitch; berezovksy; chernoy; gusinsky; harvard; khodorkovsky; marcrich; mikhailkhodorkovsky; nauru; oligarchs; propertyrights; putin; robertrubin; smolensky; soros; turass; vladimirputin; yukos
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1 posted on 07/30/2003 10:19:38 AM PDT by DPB101
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To: DPB101
bump for later read.
2 posted on 07/30/2003 10:27:27 AM PDT by jjm2111
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To: DPB101
Reminds me of Ivan and the Boyars and Peter and the Yeltsi. Or even Stalin and the Old Bolsheviks.
3 posted on 07/30/2003 10:34:46 AM PDT by Iris7
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To: DPB101
Sounds like my sister and her husband's relationship. Even though she's the working one in the family, his theory is what's mine is mine and what's yours is mine regardless if I have to weasel it out of you.
4 posted on 07/30/2003 10:44:52 AM PDT by lilylangtree
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To: Iris7
Good analogy. It is much like the demise of Trotsky, Radek and Zinoviev. The Moscow Times even has an article today suggesting that: Putin in Stalin's Footsteps

Doesn't mention the oligarchs, only Putin's supposed military ambitions. Designed to frighten western investors and help the oligarchs (who happen to run the media in Russia).

5 posted on 07/30/2003 10:50:26 AM PDT by DPB101
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To: DPB101
Lavelle writes this as if this were a case of Khodorkovsky's property rights and ignores the crimes involved. Does Lavalle think shooting a mayor and others or locking minority stockholders out are included in Khodorkovsky's property rights?

The last time I looked the State Department had issued cautions to warn American businessmen in Russia of prevalent extortion and fraud. It even mentioned that some felt the need to hire their own security for personal protection while doing business over there.

The owners of Russian media are pretending when they say Khodorkovsky respects the law.
6 posted on 07/30/2003 8:38:32 PM PDT by HISSKGB
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To: HISSKGB; Liz; Grampa Dave; dix; nopardons; Tailgunner Joe; Calpernia; Fracas
The Russian media is just like ours! If one didn't know how the economy was privatized, one would think Khodorkovsky was an Horatio Alger character set upon by evil forces.
7 posted on 07/31/2003 5:42:22 AM PDT by DPB101
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To: DPB101
One of the many reasons the USSR communists and current communists are so dear to our left wing maggots who control the DemonicRats is summarized with this statement:

"What is mine is mine, what is yours is negotiable!"

8 posted on 07/31/2003 5:48:42 AM PDT by Grampa Dave (I think the Americans are serious. Bush is not like Clinton. I think this is the end," said Uday)
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To: Grampa Dave
Khodorkovsky and 13 other oligarchs who own about 70% of Russia are now funding Zuganov--the leader of Communist party. Cute, isn't it? Just like our own Ted Turner.
9 posted on 07/31/2003 6:11:01 AM PDT by DPB101
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To: DPB101
I'm sure that Ted Fonda, Soros and other left wing elites have been excellent mentors to the "new" thugs in charge of Russia.
10 posted on 07/31/2003 6:13:30 AM PDT by Grampa Dave (I think the Americans are serious. Bush is not like Clinton. I think this is the end," said Uday)
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To: Grampa Dave
Soros is Khodorkovsky 's mentor. He funds the same type of "new society" programs Soros does. And Khodorkovsky has more money than Soros. Marc Rich is involved with this crowd too.
11 posted on 07/31/2003 6:15:35 AM PDT by DPB101
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To: DPB101; Liz
Thanks, I was not aware of this background of these two characters:

Soros is Khodorkovsky's mentor. He funds the same type of "new society" programs Soros does. Khodorkovsky has more money than Soros. Marc Rich is involved with this crowd too.

12 posted on 07/31/2003 6:19:19 AM PDT by Grampa Dave (I think the Americans are serious. Bush is not like Clinton. I think this is the end," said Uday)
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To: Grampa Dave; PhilDragoo
It is complicated and brings back all the corruption of the Clinton years. PhilDragoo has a concise rundown of the players here:

http://www.freerepublic.com/focus/f-news/954120/posts?page=4#4

The Town in the Middle of the Yukos Storm (Putin vs Khodorkovsky and the Oligarchs)

13 posted on 07/31/2003 6:34:54 AM PDT by DPB101
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To: DPB101; Grampa Dave
More bgrnd info from FPA.



http://www.fpa.org/newsletter_info2497/newsletter_info_sub_list.htm?section=Business%20in%20Russia
14 posted on 07/31/2003 7:41:35 AM PDT by Liz
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To: Liz; PhilDragoo
Thanks.

I have pinged Phil re this, incase he was not aware of it.
15 posted on 07/31/2003 7:49:47 AM PDT by Grampa Dave (I think the Americans are serious. Bush is not like Clinton. I think this is the end," said Uday)
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To: Liz
Murder charges too. Nice.

The Boston Globe today came out on the side of Khodorkovsky (with some minor hem-hawing about how he "might" have earned his money).

The New York Times/Boston Globe now support "Robber Barons". Guess it is all who you know.

16 posted on 07/31/2003 7:50:45 AM PDT by DPB101
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To: DPB101; Grampa Dave
Yeah, but look who the author is......a Harvard man. Harvard sent a team over there to help the Russkis set up a market system and to stabilize the currency. College MBA programs send students over for a 2-week immersion course in the new Russian economy.
17 posted on 07/31/2003 8:44:18 AM PDT by Liz
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To: Liz
Same team which set up the Enron business model. Oddly enough Khodorkovsky and Fastow both used Caribbean banks to for their fraud. Wonder if they used the same banks. Russians were amused when Enron fell. They got ripped off a few years earlier.
18 posted on 07/31/2003 8:50:53 AM PDT by DPB101
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To: DPB101
Same Caribe bank, eh? I guess Khodorkovsky attended some of those A-list parties Andy threw for Enron insiders.
19 posted on 07/31/2003 8:58:47 AM PDT by Liz
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To: DPB101; Grampa Dave
6/30/03 N Y POST -- Big political donor

EXCLUSIVE A wealthy Russian-American businessman who has been linked to organized crime in FBI and Interpol reports was recently honored by the City Council, The Post has learned.

Semyon "Sam" Kislin, a 68-year-old commodities trader who once gave large donations to ex-Mayor Rudy Giuliani and Sen. Charles Schumer (D-N.Y.), is a suspected member of a Brooklyn-based Russian crime syndicate. He allegedly used his company, Trans Commodities, now of Westchester, to launder millions of dollars, according to the FBI and Interpol.

Kislin did not return phone calls. In the past, Kislin has denied all wrongdoing and, in one press conference, even denied the existence of Russian organized crime. "There is no such thing as a Russian mafia," Kislin said in a 1999 press conference. At the time, Kislin acknowledged talking to the FBI.

Despite internal FBI reports alleging money laundering and mob ties, the bureau never pursued charges. According to the recent City Council invitation, the lawmakers honored Kislin and other immigrants from the former Soviet Union at a City Hall event on May 8.

Chris Policano, the City Council spokesman, said he did not know why Kislin was honored. The May 8 event was the second annual event "to honor the common heritage of new Americans from the former Soviet Union," Policano said. Kislin's name has been linked to the Russian mob for about a decade.

A 1994 FBI intelligence report called him a "member or associate" of a Brighton Beach crime operation headed by Vyacheslav "Little Japanese" Ivankov, who was sentenced to 10 years in prison in 1997 for extortion and a fraudulent marriage to prevent his deportation.

The FBI report claims Kislin's company co-sponsored a Russian crime boss and contract killer for a U.S. visa, and called Kislin a "close associate" of the late arms smuggler Babeck Seroush.

By 1999, Kislin's name was in the news when his political contributions to Giuliani, Schumer, Sen. Alfonse D'Amato and President Bill Clinton came to light. Giuliani then appointed Kislin to the city's Economic Development Corp., which helps protect the city's job base. But Mayor Bloomberg did not reappoint him, a spokesman said, declining to say why.

20 posted on 07/31/2003 9:06:19 AM PDT by Liz
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