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Russian Police Transition to Democracy: Revising the Russian Police Attitude Toward the Rule of Law

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Russian Police Transition to Democracy: Revising the Russian Police Attitude Toward the Rule of Law Calhoun: The NPS Institutional Archive Theses and Dissertations Thesis Collection 1997-12 Russian police transition to democracy: revising the Russian police attitude toward the rule of law Curfman, Renea S Monterey, California. Naval Postgraduate School http://hdl.handle.net/10945/8938 DUDLEY ^aL KNOX LIBRARY POSTGRADUATE SCHOOL MOwrfiREYGA 93943-5101 REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1 21 5 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE 3. REPORT TYPE AND DATES COVERED December 1997 Master's Thesis 4. title and subtitle RUSSIAN POLICE TRANSITION TO DEMOCRACY: 5. FUNDING NUMBERS REVISING THE RUSSIAN POLICE ATTITUDE TOWARD THE RULE OF LAW 6. AUTHOR(S) Curfinan, Renea S. 8. PERFORMING 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) ORGANIZATION REPORT Naval Postgraduate School NUMBER Monterey, CA 93943-5000 9. SPONSORING / MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING / MONITORING AGENCY REPORT NUMBER 11. SUPPLEMENTARY NOTES The views expressed in this thesis are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. Government. 12a. DISTRIBUTION / AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE Approved for public release; distribution is unlimited. 13. ABSTRACT (maximum 200 words) Russia has experienced rapid growth in domestic and organized crime since the collapse of communism. The approach Russia's government uses to control this increase will be a test of its democratic foundations. Democratic police methods are necessary as the nation overcomes more than seventy years of Communist police terror and moves toward the rule of law. This thesis shows that the Russian police forces' transition to democratic police operations is strained. This transition requires introducing and teaching new concepts that include respect for human rights, dignity, integrity, accountability and professional competence. The rule of law in police operations requires an unbiased application of the laws of the state. The Russian police forces' goal to be trained in accordance with international standards and to be free of corruption requires a new focus. Russian police must shift from the role of protection of state interests over those of individuals, to a role centered on protecting and serving the citizens. Improved training for police forces and higher legal standards will solidify the fundamental principles of professional police conduct and a civic motivation for public safety 14. SUBJECT TERMS 15. NUMBER OF Democratic Police Principles, Russian Police, Transition to Democracy, Rule of Law, ^GES ^g Russian Democracy 16. PRICE CODE 18. SECURITY CLASSIFICATION OF 20. LIMITATION 17. SECURITY CLASSIFICATION OF 19. SECURITY CLASSIFI- CATION THIS PAGE OF ABSTRACT REPORT OF ABSTRACT Unclassified Unclassified Unclassified UL NSN 7540-01-280-5500 Standard Form 298 (Rev. 2-89) Prescribed by ANSI Std. 239-18 Approved for Public Release; Distribution is Unlimited RUSSIAN POLICE TRANSITION TO DEMOCRACY: REVISING THE RUSSIAN POLICE ATTITUDE TOWARD THE RULE OF LAW Renea S. Curfman Captain, United States Army B.A., Norwich University, 1989 Submitted in partial fulfillment of the requirements for the degree of MASTER OF ARTS IN NATIONAL SECURITY AFFAIRS from the NAVAL POSTGRADUATE SCHOOL December, 1997 ABSTRACT MONTEREY CA^M^ SCHOOL Russia has experienced rapid growth in domestic and organized crime since the collapse of communism. The approach Russia's government uses to control this increase will be a test of its democratic foundations. Democratic police methods are necessary as the nation overcomes more than seventy years of Communist police terror and moves toward the rule of law. This thesis shows that the Russian police forces' transition to democratic police operations is strained. This transition requires introducing and teaching new concepts that include respect for human rights, dignity, integrity, accountability and professional competence. The rule of law in police operations requires an unbiased application of the laws of the state. The Russian police forces' goal to be trained in accordance with international standards and to be free of corruption requires a new focus. Russian police must shift from the role of protection of state interests over those of individuals, to a role centered on protecting and serving the citizens. Improved training for police forces and higher legal standards will solidify the fundamental principles of professional police conduct and a civic motivation for public safety. TABLE OF CONTENTS I. INTRODUCTION 1 H. HISTORICAL AND DEMOCRATIC POLICE CONCEPTS 7 A. RULE OF LAW AND SOCIETY 8 B. DEMOCRATIC POLICE MODELS 12 1. Continental Model 15 2. Combined Model 16 3. Decentralized Model 17 C. BUILDING DEMOCRATIC POLICE 19 1. Professionalism 21 2. Police Restraint 27 D. INTERNATIONAL TRAINING AND COOPERATION 31 1. Hiring and Training Standards 32 2. Civic Education 34 m. BRIEF HISTORY OF THE RUSSIAN/SOVIET POLICE STRUCTURE 37 A. SOVIET CONCEPT OF RULE OF LAW AND SOCIETY 37 1. Shaping Soviet Society 39 2. Soviet Criminal Law 40 3. Unique Development of a Model 45 B. EVOLUTION OF SOVIET POLICE 50 1. Attempts at Less Authoritarian Police Methods 56 2. Stifling of Democratic Reform 58 IV. DEMOCRATIC REFORMS OF MVD (1985 TO 1996) 63 A. GORBACHEV'S REFORMS (1985-1991) 63 1. Glasnost and Public Criticism of the Police 64 2. Social Order verse Central Control 65 B. YELTSIN'S REFORMS (1992-1996) 69 1. Restructuring 70 2. Presidential Decrees 71 3. Increased Police Authority Against Crime 76 4. Reducing Corruption 79 5. Training Efforts 82 C. JUDICIAL ROLE 87 vn 1. Balance of Powers 87 2. Legislative Oversight 90 V. EVALUATION OF REFORMS 95 A. APPROACH TO RULE OF LAW 96 B. COMPARISON WITH DEMOCRATIC POLICE PRINCIPLES 98 1. International Cooperation 101 2. Due Process 105 C. CONCLUSION 108 APPENDIX A. 1996 RUSSIA CORRUPTION INDICTMENTS Ill APPENDIX B. RUSSIAN CRIME STATISTICS 1992-1996 113 BIBLIOGRAPHY 115 INITIAL DISTRIBUTION LIST 129 Vlll EXECUTIVE SUMMARY L INTRODUCTION The transition to democratic police operations in Russia requires introducing and teaching new concepts of policing that include respect for human rights, dignity, integrity, accountability and professional competence. Police operations that observe the rule of law are a critical element of domestic security in any democratic society and require the fundamental driving force to be the laws of the state. Unlike the Western European empires of Britain and France, Russia and then the Soviet Union did not incorporate the legal ideals of the Enlightenment into the state's philosophy of government. Therefore, the Soviet Union failed to establish a true legal framework to regulate many aspects of police operations. The transition to democratic police practices requires a re-focusing of the basic use of police, from instruments of state control to protectors of public safety. The international community has taken steps to promote democratic human rights and individual safeguards around the world. In countries such as Panama, Haiti, Guatemala, and now Bosnia, the international police community has attempted to spread the fundamental principles of democratic police operations to improve the human dignity and quality of world wide police operations. There are seven principles that must be introduced as states make the transition from authoritarian regimes to democratic societies. These are: IX 1) An orientation to democratic principles that include adherence to the rule of law and regulations. A key to this is the maintenance of free and open elections. 2) Adherence to a code of conduct which encourages and requires professionalism and methods of policing corruption and abuse of authority. 3) Protection and safety of human life. This requires a restraint on the use of and methods of force in the application of laws. 4) A motivation for public service to the people of the state, not a particular individual leader or government. 5) Police operations focused upon the fight against crime involving persons and property, not the political control or legitimacy of the current government. 6) A respect for human rights in all methods of investigation and incarceration. 7) Efforts for an unbiased application of the laws of the state in a non- discriminatory manner to all citizens. Russian police operations require reform with regard to all seven of these principles. This requirement stems from the lack of an established rule of law and from the principles that inspired the police forces after the Bolshevik Revolution. The Russian police transition from Communist Party rule to a democratic system with a dedication to law has been turbulent due to a tradition encompassing the political use of police. Russia, like many aspiring democracies, has found that the international community is ready to make an effort to assist
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