June 2005

The Rule of Law in Russia: A Report from Vladivostok

by Frederick M. Lorenz

Gazing out at the Bay of Amur, I watched two young men hop across breaking ice flows just before sunset. This is apparently a spring ritual in the Russian Far East. Having a few beers before the event fortifies the participants but makes it no less dangerous. This is Vladivostok, where the realities and challenges of modern life in Russia can be seen first hand.

Background

In March 2004 I made a two-week visit to Vladivostok, my first to the Russian Far East. My previous experience in Russia was primarily in Saint Petersburg; in 1998-99 I was a Fulbright Senior Scholar there for 10 months, lecturing at the Faculty of International Relations and the Law Faculty at Saint Petersburg State University. In addition, for the past three years, I have been back to Saint Petersburg each March as a guest lecturer, sponsored by the U.S. State Department. At Seattle University School of Law (SU Law) in the past three years, my fall courses have been open to Russian students, and 15 students in Saint Petersburg have been awarded law school credit and SU Law certificates for completing the SU Law program. The request for my Vladivostok visit was initiated by the Law Institute of Far Eastern National University (Law Institute), through the local U.S. Consulate in Vladivostok.

The Law Institute of Far Eastern National University

Far Eastern National University (FENU) was established in 1899, and the Law Institute took its current name in 1992. Within the Law Institute there are five faculties — International Law, State Law, Prosecutors and Judges, Legal Science, and Business Law. Rector Vladimir Kurilov (equivalent to president) of FENU also serves as the dean of the Law Institute. In Russia the basic law degree is considered undergraduate education, so the law students are younger and less experienced than their American counterparts. There is a growing program of exchange between the Law Institute and SU Law, including a series of visits by Law Institute faculty to the United States last October. Former SU Law Dean Rudy Hasl visited Vladivostok as part of a Seattle delegation and received an honorary law degree.

During my time in Vladivostok, I presented a series of lectures at the Law Institute, as well as a number of additional lectures to other institutions in Vladivostok. The students were polite and receptive, with a good level of class participation. I made it clear that I would use the interactive approach not common in the Russian education system, particularly during Soviet times. Overall, I was impressed with the students; one group of six was equal to my best students in Saint Petersburg. They posed good questions, showing a high level of understanding of the material, all of it presented in English. When one student asked me a question about the choice of law in a particular case, a subject not mentioned in my lecture, I could provide only a general answer. The rest of the class was typical of my experience in Russia: about one-third of the class seemed to understand the lecture but were reluctant to use their English to comment or ask questions; another third seemed to be having some difficulty with the language, and did not return for the second class.

In the second week I gave a series of lectures at the Far Eastern State Technical University (FESTU). Tsar Nicholas II established the FESTU the same year as FENU; it was formerly part of the same institution. There seems to be a rivalry between the schools for the reputation of oldest and best institution in the Russian Far East. I met the director of FESTU's Institute of Law and Politics, Natalia Menshenina, who was a Fulbright visiting scholar eight years ago at Washington State University. My first lecture was to a group of 62 students; the topic was "Law 101," based on the fundamentals of U.S. law and legal systems. I found their level of comprehension and participation to be excellent. My final lectures at both the Law Institute and FESTU concerned current U.S. foreign policy with an emphasis on Iraq, subjects I cover in my classes at the University of Washington. This subject is always a controversial one with a Russian audience, and I have yet to find a Russian who is a devoted supporter of U.S. policy. I made an attempt to review the basic objectives of U.S. foreign policy, the war on terrorism, and the current situation in Iraq. On my last day in Vladivostok I lectured at FESTU in a large hall with more than 70 students in attendance. Although I don't believe any of them changed their fundamental views, I think they left with a better understanding of possible areas of common interest between the United States and Russia.

Observations

Russia today is a land of contradictions and contrasts, a place where the roads can be crowded with expensive SUVs while old women spend the day in the cold selling a dollar's worth of mushrooms on the street corner. Like Saint Petersburg, the central streets are filled with women in expensive fur coats, and conspicuous consumption is de rigueur. It has always been fascinating to watch beautiful young women, dressed to the nines, with impossibly spiked heels, navigate icy streets with perfect poise. Brands and labels are everything; Toyota Land Cruisers with 12-inch "Land Cruiser" legends along the side are the most popular vehicles. But on the side streets the grinding poverty that most of the population has to survive is evident. Parts of the Vladivostok city infrastructure are in serious deterioration, and health care is below international standards. During my visit, a number of apartment buildings above FESTU had no water service, and most of the city had service only two hours per day. Recent reports indicate that the situation has improved.

Social pro-grams in Vladivostok for the old and the young are rare. A small program provides shelter for homeless children, funded by an international relief organization. I watched an old man, wearing a Navy veteran insignia, struggle to get off the bus; he was fitted with a well-worn wooden leg. One aspect of Russian culture seems to be patience and long-suffering; the occupants of the crowded busses never seem to be ill tempered. In Russia I always try to use the public transportation; a bus ride in Vladivostok is still five rubles, about 15 cents. Residents with less money can save two rubles and ride the creaking trolley across town. I was told that when the city tried to raise the transit fares in early 2004, a small citizen revolt resulted; perhaps there are some limits on the riders' patience.

Major contrasts between Saint Petersburg and Vladivostok can be noted; I found a sense of isolation in Vladivostok, with the vast distance to the center of Russian power and finance. Positions at the American Consulate in Vladivostok are considered hard to fill, even with a reasonable living allowance. Visits by Americans under the Fulbright or similar education programs are not frequent. Heads turn on the street, on trains, and in restaurants when locals hear someone speaking English. A Russian student told me that only one of the teachers of the "English First" commercial language training program is a native speaker. Having a good command of the Russian language seems even more important than in the European part of Russia, particularly for an extended stay. But even with my limited Russian language skills, I felt comfortable and used both the bus and trolley to travel around town. Some familiarity with the Cyrillic alphabet is necessary to read the maps.

For an American, life in Vladivostok could be challenging; many modern conveniences we take for granted in the United States are simply not available. There are a few good, inexpensive restaurants, and new grocery stores provide a reasonable selection. In Vladivostok, crime seems to be no worse than in a major American city. Alcoholism is a serious problem throughout Russia, affecting perhaps 30 percent of the male population. Recent news reports present some disturbing statistics concerning birth and mortality rates in Russia, and the population of the Russian Far East seems to be in decline as people move to major population centers. Despite these problems, my contact with students was very positive; they are eager to learn, and working hard to improve their lives. Faculty and administrators at FENU and FESTU are eager to develop contacts with American universities, and they welcome opportunities for exchange. The future leaders of Russia can be found in the schools, and efforts by U.S. lawyers and educators can lead to long-term benefits for both countries. A prosperous, stable, and democratic Russia is in everyone's interest.

Rule of Law

This subject is moving to the forefront in working with countries in transition from communism and socialism to democracy. Although Russia is making progress, there is much to be done. In Vladivostok, an American resident told me that the local courts are essentially unable to protect the interest of foreign investors, and that is a major reason why the regional economy is weak. Corruption and organized crime are real problems, although I was told that things are much worse in other Russian regions in the Far East. When I brought this subject up in class, my students seemed to agree that the current state of the court system did not foster the confidence of the people. President Putin seems to recognize the depth of the problem; he mentions in his public statements that "dictatorship of law" is to be one of his major objectives. Legal education can be one component of a rule of law program, but contact with courts, judges, prosecutors, and police should bring more immediate return. Preaching about the virtue of the American system is not the answer, but I believe that Russians are open to interaction and external support to improve their own system. The U.S. State Department now generally favors "Russification" of assistance rather than attempting to directly impose U.S. values and systems.

Jury Trials in Russia

Over the past three years, jury trials in Russia have been held on a limited basis. For the first time since the 1917 revolution, Russian law allows juries in criminal cases, and gives the accused a right to demand jury trial in the most serious crimes. Recent articles in English on Russian jury trials pose fascinating questions of comparative law. On March 14, 2004, a videoconference between SU Law and the Law Institute in Vladivostok on the subject of jury trials was held. The chief judge of the regional Russian court answered questions for the American audience. In the Primorsky Region, including Vladivostok, only seven jury trials were requested in 2003, the first year of the new jury law. Five of those were held (two accused persons withdrew the request), and one of those was reversed after it was revealed that two of the jurors improperly influenced the jury to acquit. Russians apparently have deep skepticism about the viability of jury trials; the chief judge seemed to prefer the old Soviet system with people's representatives participating in the ruling of the judge. With no history and culture of jury service in Russia, it has been very difficult to get jurors to serve. The chief judge stated that Russian citizens are reluctant to leave work, they are not always compensated for their time, and some jurors may fear retaliation from the families of the accused. In the long term, it seems that jury trials in Russia face numerous obstacles, and, even if successful, the use of juries is not likely to impact some of the more difficult issues of independence of the judiciary, organized crime, and government corruption. In my judgment, U.S. assistance and exchange with Russia can better be focused on the more critical issues.

Presidential Elections

I was in Russia for the March 2004 presidential elections. Only candidates for the national office were on the ballot, and polling places were open from 8 a.m. to 8 p.m. on a Sunday. The associate director of the Law Institute, Sergei Knyazev, now serving his third term as the director of the Primorsky Election Commission, invited me to visit polling places with him in the afternoon. We visited a local polling place where about 50 sailors had apparently been marched in uniform to vote. A number of incentives were used to get citizens to vote; young people who were first-time voters were offered tickets to clubs or given small prizes. Classes at the University with high voter turnout win prizes, and one of my students was asked by her professor to call all her classmates in the morning to be sure that they voted. There was a press report that citizens were not admitted to a hospital on Sunday without proof that they had already voted. Under Russian law, there needs to be a 50 percent turnout for the election to be valid, so the government was making a substantial effort to turn out the vote. At the second polling place we visited, there was a concert at 5 p.m. for all those who had voted that day. A number of outside observers have criticized the Russian system, which may exert subtle (or more direct) influence on behalf of the incumbent.

Legal Education

The Law Institute is eager to develop exchange programs with SU Law, and SU Law is working to identify additional sources of funding. My own course at SU Law this past fall in International Humanitarian Law was open to students from the Law Institute. Four students successfully completed the course as a distance-learning project; they submitted some excellent papers in English, and received certificates of completion from SU Law. Students are also interested in commercial, maritime, and private law subjects. Like their counterparts around the world, Russian law students are primarily interested in subjects that will lead to jobs after their graduation from law school.

Developing Programs

A real potential exists for additional programs in Vladivostok — legal education can be just one part of a broader program of assistance and exchange with the local Russian court and legal system. Three years ago, I visited Petrozavodsk, in the Karelia region north of Saint Petersburg, where the State of Vermont-Karelia Region partnership has been functioning for the past nine years. Some lessons can be learned from the Karelia program and applied to a program of expanded cooperation between Seattle-area institutions and Vladivostok. Karelia hosts a successful law clinic at the law school, sponsored by Vermont Law School, which celebrated its fifth anniversary during my visit. A jurist association, similar to a local bar association in the United States, operates in Petrozavodsk with a Russian executive director position funded by Vermont. There are regular exchanges of educators and judges between Vermont and Karelia, and major funding has been obtained under federal grants. But the key element in the program is based on the personal relationships developed over the years by a few individuals, including Justice Dooley of the Vermont Supreme Court. When I toured the courts and spoke to local judges in Karelia, it seemed clear that U.S. efforts had had a major impact in developing the rule of law in the region.

The Way Ahead

Former Dean Rudy Hasl of SU Law took a personal interest in developing a program of assistance and exchange for students and faculty of the Law Institute. The new dean, Kellye Testy, has stated an intention to continue the program. Potential resources can be tapped in the Seattle area, including judges and prosecutors, as well as law-enforcement experts who may assist in addressing questions of corruption and organized crime. In October 2003 a delegation from Seattle visited Vladivostok; the list of participants appears on page 23. All programs should be coordinated through the U.S. Consulate in Vladivostok, because they will need to be consistent with current programs in Vladivostok sponsored by the U.S. Agency for International Development.

My March 2004 trip to Vladivostok was funded by the Fulbright Senior Specialists Program. Details on the program can be found at www.cies.org/specialists. American lawyers can apply to be on the Specialists Panel, and after approval they can be available to respond to requests from around the world. Under the Senior Specialists Program, funding is available for two- to six-week visits, while the traditional Fulbright program (www.cies.org) requires a minimum five-month commitment. The deadline is August 1, 2005, for applications for the traditional program for the 2006-07 school year. Lawyers do not necessarily need a law-teaching background to apply for a position. Last year about 70 worldwide positions in the traditional program were available to lawyer applicants. The U.S. Fulbright Commission in Moscow is particularly interested in receiving Fulbright applications for the Russian Far East, where there have been very few American Fulbright scholars.

Frederick M. Lorenz is an adjunct professor at Seattle University School of Law and a longtime Bar News contributor. For those who would like more information about the Fulbright program, or the Seattle University School of Law program of exchange with the Law Institute in Vladivostok, the author can be reached at fmlorenz1@aol.com.

Additional Reading: Courts and Transition in Russia: The Challenge of Judicial Reform, by Peter H. Solomon Jr. and Todd Fogelsong (Westview Press, 2002).