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Thesis Submitted for the Degree of Doctor of Philosophy at the University of London THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY AT THE UNIVERSITY OF LONDON THE CONCEPT OF SOCIAL TOLERANCE AND SOCIAL POLICY: A CASE STUDY OF CRIME AND PENAL PRACTICES IN THE TRANSITIONAL PERIOD IN UKRAINE. MYKOLA B. PANASYUK LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE, DEPARTMENT OF SOCIAL POLICY AND ADMINISTRATION MAY 2000 UMI Number: U137986 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U137986 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 /(4£St£ f 78 S 7 75 *+7z<5 2 V Abstract The present study focuses on the current state and developments of social and penal policies in Ukraine. It concentrates on changes brought about in the period of social and political transition, which started when Ukraine became an independent state in 1991. In particular, this study attempts to explain the current failure of reforms as being the result of a lack of social tolerance intrinsic to state officials at all levels, a legacy of previous repressive regimes. The introduction examines the notion of tolerance as a value produced by civil society and its importance for the administration of penal policy. It is argued that the level of social tolerance is heavily influenced by the nature of social and economic relationships. The following section consists of a case study presenting the origins of Ukrainian political, economic and social institutions and the results of an analysis of official media reportage of the current transition towards a market economy - a transition which has formed the precondition for a sharply rising criminality and the corruption of the main social institutions. The third chapter begins with a brief history of the use of imprisonment during the Soviet era, describing the administrative methods of punishment embedded into the system which Ukraine inherited on independence. The next section is a study of the Ukrainian penal system in the transitional period and shows that change has been minimal in terms of ideology, penal structures and the training of personnel. It also reveals findings on the functioning of prison enterprises, which established a deficit between prison production outputs and the sale of prison products, which is theorised as being due to private profiteering by senior prison staff. Finally, the data from an empirical study of social relations in a Ukrainian penitentiaiy are analysed on the basis of the social tolerance concept. The culture of prison life is seen as embedded in a hierarchy of roles. For these reasons, the existing prison system fails in its aim to resocialise offenders; it fails to respect human rights; and the experience of imprisonment as an exploitative system is related to the privatisation of human resources by the prison authorities. 3 Contents Abstract................................................................................................................. 2 Contents ................................................................................................................ 3 List of tables ............................................................................................................ 4 Acknowledgements .................................................................................................... 5 Part I. Introduction and Methodology ..................................................................... 6 1. Reverse transition .............................................................................................. 6 1.2. Social tolerance and penal practice ....................................................................11 1.3. Methodology ................................................................................................... 23 Part II. Society in the transitional period ................................................................. 32 2. 1. Nomenclature ................................................................................................. 33 2. 2. Social security and the shadow economy ...........................................................53 2. 3. Criminalisation of the public realm: crime and justice .......................................69 2. 4. Latest trends in sentencing practice ................................................................. 87 2. 5. Abolition of the death penalty ..........................................................................89 2. 6. Conclusions ................................................................................................... 95 Part HI. Prisons ......................................................................................................99 3.1. Introduction: the legacy of GULag ................................................................... 99 3. 2. The current state of the Ukrainian penal system ................................................ 127 3.3. Prison staff ..................................................................................................... 153 3.4. Production and financial functioning of penal colonies in 1997-1998 .................. 159 3.5. Conclusions .................................................................................................... 171 Part IV. The empirical study of social tolerance in prison ....................................... 173 4.1. Characteristics of the quota sample ................................................................... 174 4.2. The social tolerance scale .................................................................................177 4.3. Social relations in the strict regime institution - IES-87 ...................................... 203 4.4. Attitudes of the prison staff to prisoners - IES-87 .............................................. 235 4.5. Conclusions .................................................................................................... 243 Conclusion ............................................................................................................... 245 Bibliography .............................................................................................................257 Glossary....................................................................................................................276 Appendix I (Questionnaire) ....................................................................................... 279 Appendix II (Data used for correlation analysis) .......................................................... 283 4 List of tables 1 . Dynamics of trust in the social institutions of Ukraine .....................................................................................14 2 . What personality traits are attributed to Ukrainian politicians? .....................................................................52 3 . Main causes of death in Ukraine ........................................................................................................................55 4 . Discontinuity between poverty and prosperity ................................................................................................ 55 5. Which of the following social groups would you consider yourself as belonging to? (% ) ..........................56 6. How people’s worst feelings changed during 1996-1998 ................................................................................57 7. The structure of informal employment in Ukraine ............................................................................................61 8. Gross National Product per Capita, $ in Ukraine 1991-1999 .......................................................................... 68 9. The structure of criminality in Ukraine (by main criminological groups).......................................................71 10. Total murders per 100,000 population in different countries ........................................................................71 11. Quantity of registered economic crimes in 1992-1999 ................................................................................... 75 12. Court verdicts in Ukraine 1997 -1999 ............................................................................................................. 87 13. What do you think of the death penalty? Should it to be abolished or extended? .........................................92 14. Sentences passed by the courts, imprisonment and recidivism in 1987-1999 ............................................. 132 15. Crimes and sentenced criminals (1996-1997) ................................................................................................... 134 16. Increase in the number of offenders convicted for minor crimes (term up to 3 years) ...................................135 17. Number of inmates in penal colonies sentenced for violent crimes in 1994-1999 ........................................ 136 18. Crime level per 1,000 prisoners ........................................................................................................................... 137 19. Number of inmates
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