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The authorities chose to go down the most primitive, direct and blunt route.

Rather than reforming the Constitution, we saw its destruction, so that Putin could continue in the post of president. The result of this has been war, which has sparked the discussion again, with renewed vigour. Russia has two models of sustainable development: the static equilibrium model (autocracy), and the dynamic balance model (the federal one). Of course, Russia is under no obligation to develop. The alternative to sustainable development is stagnation and collapse. However, I believe that the stagnation and collapse of Russia that, understandably, those who are fighting against Russian aggression might wish for, could cause a drastic imbalance in the system of international relations, and create in the heart of Eurasia a group of aggressive and poorly-run (even out of control) bankrupt states armed with nuclear weapons. The genuine and desired choice for reliable players on the international stage is not one between the collapse of Russia or its continued existence, but one between the autocratic (static) and parliamentary (dynamic) models of its sustainable development.

Another version of autocracy seems to be the simplest solution for many, including opponents of the Putin regime; but in reality this is a very unreliable option. A regime that is static and stable thanks to tough centralisation and where the authorities have unlimited power sooner or later will lead to trouble in society. Such a system will be able to extinguish this only by creating distractions in the outside world. Even without this, war is a fundamental component of autocracy, upon which everything else is constructed. And autocratic regimes, including the Bolshevik one, are unstable in the long term (their apparent stability is only relative). They are built on the constant search for a consensus among the elite through democratic centralism. This has a significant vulnerability: as the number of participants in the process increases, the number of connections between them increases geometrically. And the single point – the head of the system – who should take the final decisions becomes no longer capable of acknowledging or taking into account all of these various opinions. As a way of solving this problem, the centre turns to unification – totalitarianism – which once again sets in motion a whole complex of historical problems.

In any mid-term perspective, Russia’s system of autocracy has a clearly defined militaristic profile. This is almost completely independent of the ideology it starts out with or the personality of the national leader. As the system matures, the ideology takes on a radically nationalistic appearance and the leader becomes a military ruler. If the West were to prefer an autocratic (static) civilisation for Russia, it would be choosing an inevitable recurrence of the crisis with the unavoidable consequence of aggression directed against the West itself. Each subsequent crisis would be greater than the previous one, and overcoming it would lead to the threat of sliding into an uncontrollable nuclear conflict. We’d be falling into an absurd endless historic downward spiral, where each subsequent version of Russia was worse than its predecessor.

The alternative to an autocratic, static, civilisation could be dynamic, federal, parliamentary stability. What I am proposing would create a dynamic political balance between a limited number of subjects of the new federation (up to 20), with the central authorities playing the role of arbiter and director. The difference between the autocratic and federal models for stabilisation lies in the mechanism for solving conflicts. In the autocratic model, all internal conflicts would be dealt with by the central authorities crushing them using illegal political violence, and the more this is detached from society, the more effective it would be. On the other hand, in the federal model all internal conflicts would be decided by a constant search for innumerable temporary compromises within the confines of a specially-created legal and political framework. In this instance, the central authorities could de facto be even stronger than in autocracy; but this strength would be demonstrated by the authorities’ ability to control the framework, not control the players within the framework.

The problem with the federal model is that it’s complicated and fluid. It’s a model of constant conflict that’s laid in the foundation of the political system as part of its terms of reference. There’s just one advantage of the federal system over the autocratic one: internal disturbances don’t accumulate, but are constantly resolved swiftly within the permanent struggle of the elites. As a result, there’s no need for external aggression as the only possible solution for the long-term stability of the system. However, to ensure that the uninterrupted resolution of the disagreements that are continuously emerging among the elite are not put down by the fear of repression, the mechanism of a rigid super-presidential republic with a shift in the balance of power towards a non-executive central government is not suitable. If this were so, there will always be the temptation to return to freezing conflicts “according to concepts” and stabilizing the system in the habitual way. All it would take would be for there to be one strong ruler and the system would inevitably slip back into the old rut. I believe that the federal system can work exclusively in the format of a parliamentary republic; in other words, as a federal parliamentary republic. The parliamentary system of government answers two demands in the best possible way: it allows you quickly to resolve regional conflicts among the elite, and doesn’t allow the system easily to slip back into the old rut.

The depth of the West’s understanding of Russia’s problems, and the West’s position on this, will play a huge role in the success or failure of the project for a new Russia. The West must choose between an instinctive, superficial approach, and a rational, considered one. Instinctively it’s easier for the West either to dream of the collapse of Russia (giving no thought to the consequent global risks that would bring), or to try to establish an autocracy with which it can have good relations (not taking into account the inevitability that these good relations would inevitably turn sour).

The instinctive reaction is convenient because it doesn’t rely on any participation on the part of the West. It gives Russia the opportunity to continue to stew in its own juice. The rational approach demands efforts from the West, similar to those that the USA took after the Second World War to assist the rebuilding of the political process in Europe. In other words, it means the West being engaged both politically and ideologically. In this the West must also avoid the temptation in the transitional period to split Russia up into separate parts, thus weakening the central authorities’ ability to act as a political arbiter.

Turning Russia into a stable federation is a long-term historical project, and in the first place it’s in the West’s interests. This is not a duty to Russia, but a rational decision, that would make the world order safer and more predictable for a significant period in the future.

 

 

Chapter 20. The Legal Choice:

the Dictatorship of the Law or a State Based on the Rule of Law?

 

If you were to carry out an opinion poll and ask passers-by on the street what they think a state governed by the rule of law is, the vast majority would answer: “it’s a state where people obey the law”. This is close to the truth, but it’s not true! If it were so, the ideal example of a state governed by the rule of law would be the Third Reich. Whatever else, that was a state where the laws were obeyed, and the commandant of a concentration camp who was caught taking a bribe could easily end up as an inmate, although there were cases where corrupt officials were simply transferred to other duties. Anyway, it’s not so much the observance of the law, as it is the nature of the laws themselves.