Politics of Soviet Law by Robert Sharlet

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Politics of Soviet Law by Robert Sharlet ~IT®full@mu~ ®~ ©@mumurnrnfi~mu I JANUARY-FEBRUARY 1986 VOL XXXV Problems of Communism (ISSN 0032-941 x) is a Moscow's Afghan War bimonthly publication providing analyses and significant information about the contemporary affairs of the by la/may Khalilzad Soviet Union, China, and comparable states and political mqvements. Views of contributors, as well as 21 China's Economic Experiment: From Mao to Market geographic boundaries and names, do not necessarily by Jan S. Pryby/a reflect the policies of the United States Government. 39 Gorbachev and Eastern Europe by Vladimir V. Kusin On a/I editoriai matters, communications should be addressed to: The Editors, Problems of Communism, US Information Agency, United States of America, BOOKS 301 4th Street SW, Washington, DC, 20547, USA. Telephone (202) 485-2230. 54 Politics of Soviet Law by Robert Sharlet On subscriptions, communications should be addressed 61 Last Stages of Leninism to: The Superintendent of Documents, US Government Printing Office, Washington, DC, 20402, USA, by Melvin Croan preferably using the subscription form provided at the back of this issue. Outside the United States, please 67 Limits of Critical Marxism address inquiries to the Public Affairs Section, Embassy by Vladimir Tismaneanu of the United States of America. 77 Soviet Designs on Africa by Barry M. Schutz Copyright: Reproduction or republication of texts from Problems of Communism is permissible, and no claim of copyright is asserted. However, the Editors request that they be advised of reprint usage and that source 84 Correspondence credit be given both to the authors of individual articles and to Problems of Communism. Should textual items in the journal ever be subject to a claim of copyright, such claim will be clearly stated. Graphics and pictures Cover: An Afghan resistance fighter takes aim with an anti-tank that carry a credit line are not necessarily owned by weapon. Photo by Pascal Pugin, lmapress via Pictorial Parade. Problems of Communism, and users bear responsibility for obtaining appropriate permissions. EDITOR An annual index for Problems of Communism appears Paul A. Smith, Jr. in the November-December issue (No. 6) of each year except in the case of the first three volumes, which are MANAGING EDITOR SENIOR TEXT EDITOR covered in a combined index in the November­ Wayne Hall Sophia Sluzar December issue (No. 6) of Vol. Ill. Material from the journal is also indexed in ABC POL SCI, Bibliographie ASSOCIATE EDITOR CONTRIBUTING EDITOR Internationale des Sciences Socia/es (all sections), Richard Snyder Maria Pryshlak Current Contents, Economic Abstracts, Historical Abstracts, Index to US Government Periodicals, DESIGNER International Political Science Abstracts, Public Affairs Gary Soderstrom Information Service, Social Sciences Citation Index, Social Sciences Index, Strategic Studies Reference PRODUCTION COORDINATOR EDITORIAL ASSISTANT Guide, and United States Political Science Documents. Sarah E. Mewborn Kim Taylor lN THIS ISSUE OF Artict~s Moscow'sAfghan War ZaJmay Khalilzad In the seventh year of its war ln Atghanjstan, the USSR is appty'ing increasrngly sophisticated military tactics 10 subdue the country. Moscow is parring its military efforts with a domestic pacification program and an international .campaign to gain legltlmacy for a pro-Soviet communist govern~nt in Kabul. For tf'ieir part,. the Afghan M1>jahedln·are contesting Kabul's legitimacy in internat!Qnal forun1$ and holding their. ownagainst Sov~t forces inAfghanistan. China'sEco~mii; Experiment:Ff()nt M~ ·to Market Jan ~- Prybyla ,, ," ' .·..... t <:; ~oltow_rri9 a four,year period of adjustment that saw marked improvement· in. the quantitative • \ • ~rforrnance of Chma·s industry and agriculture, Chinese readers in 1981 embarked on a new :• !::;{.\.'. • c®rse of ~omlc reform to help cure the economy's qualitative ills. 1n1t1ally,experiments with · J(~~ mar.~ets arij:l privatization of labor and property were begun in the countryside .. In 1985'.these experiments were extended to the urban industrlat economy. Beijing still taces the problem of .. reclonplllng t~acincompaflbility between the market mechanism and ~ntral plan institutions. ,,, ,','' ,' ' ' ' .·•.!QQrb~r:tw~ and Ea$tJm Europe ~la.diirilt l(usin ''/' ,''v; "' I . Mos<:o.wsllea/ings with Eastern Europe since Mikhail Gorbachev'$ accession have been senerany ctlara<:teriiej:l by continulry. Polic1es of bloc integration and mmtary cooperation have been pµrsµ~ with li;tle.slgliilicant change beyond a modest increase in Soviet vigor. Gorpachev's steps topate have ottered little prospect .of improving economic performance. the Achilles· heel of the region,.. • Essay-reviews Politics of Soviet Law Robert Sharret Although "socialist legality" is no longer 99 percent political. the Communist Party of the Soviet Union continues to interfere in the.everyday admilJistratiooof }ustlce-a point w.elt illustrated by recent emlgre Soviet jurists. The interplay between politics and law in. the USSR raises the question as to what, if any, positive role Soyletjurists can play in shaping the system's future. (Abstracts continued on reverse side)· ·, I . 0 \. C, / ,;, ,,., i ;~U- .. Zalmay Khalilzad ,.I n December 27, 1985, Moscow's war in Afghan­ are trying to strengthen a recently formed alliance istan entered its seventh year. It has yet to among seven major factions, bring about greater co­ progress according to Soviet expectations. The ordination of military operations in Afghanistan, and Soviet-installed regime of Babrak Karmal remains in­ adopt new political strategies in international forums. effective. The factionalism in the People's Democratic The war in Afghanistan is thus as much a test of will Party of Af~hanistan (POPA) remains fierce. But most and resolve as it is a clash of opposing forces. important, despite a commitment of some 120,000 The war has been immensely costly for the Afghan Soviet troops, the Soviet and Karmal forces have people. Some 4 million, or nearly one in every four of been unable to rout the anti-Soviet, anticommunist the pre-invasion population, have become refugees in forces, the Mujahedin. And so the war goes on. I ran or Pakistan. According to The New York Times But this is not the story of a stalemate. Rather, it is some 500,000 Afghans have lost their lives since the a tale of changing Soviet tactics against continued Soviet invasion.1 It is also estimated that up to four partisan resistance, and of increasing competition million Afghans have become displaced within their between them for the support of the Afghan people at own country since they have been moving to the cities home and for public sentiment abroad. For its part, or to the mountains from the countryside to escape Moscow is escalating its military efforts and applying from the fighting.2 In some parts of Afghanistan political pressure in the hope of undermining the famine and malnutrition are common.3 Afghans' will to resist. The greater military effort is Yet, the Soviet Union has also had to pay a higher accompanied by a large-scale program of "Sovietiza­ price for its involvement than Soviet leaders had prob­ tion" designed to transform Afghan society along ably anticipated. Although exact figures are difficult to socialist lines. Moscow is also renewing its efforts to come by, the estimates are that between 10,000 and lessen support for the Mujahedin in states friendly to 40,000 Soviet soldier's already have lost their lives in them, especially Pakistan and Iran. It has allowed the Afghanistan.4 Hundreds of planes, helicopters, tanks, Kabul regime to engage in UN-sponsored indirect and armored vehicles have been destroyed.5 Large talks with Pakistan, in the hope that diplomacy will facilities for accommodating Soviet forces in Afghan­ supplement its military efforts against the Mujahedin. istan had to be constructed and some of them have The leaders of the Afghan resistance, for their part, had to be rebuilt or repaired after being attacked by the resistance groups. The direct costs of the six years of war have been estimated at 18 to 36 billion Za/may Kha/ilzad is Associate Professor in the De­ partment of Political Science, and a member of the ' The New York Times, Dec. 10, 1985. Institute of War and Peace Studies, Columbia Univer­ 'See Statement of G. Hekmatyar to the UN. New York, October 1985. sity (New York). He is author of Security of Southwest ' For a discussion of humanitarian needs, see the statement by Gerald B. Helmand and Richard Schiller submitted to the Commission on Security and Cooperation in Asia (1984), and coauthor of "The Government of Europe, US Congress, Dec. 4, 1985. God": Iran's Islamic Republic (1984). The author • Estimates of the number of Soviet fatalities vary a great deal. The Mujahedin wishes to thank professors Zbigniew Brzezinski and estimate Soviet losses at 50,000 dead by the end of 1985. The US government Robert Jervis for comments on an earlier draft, and estimates that some 10,000 Soviets have died in Afghanistan over the past six years. See The Washington Post, Dec. 2, 1985. the Ford Foundation for a grant to study security 'According to US government estimates, the Soviets have lost 700 aircraft in issues in the Asian rim/and. Afghanistan. Ibid. 1 Moscow's Afghan War US dollars, not an insignificant amount for an econ­ earnest on December 24, 1979 when Soviet airborne omy that already suffers from serious shortcomings. 6 troops began to land at Kabul. Within three days, The Soviets also have had to assume some of the bur­ some 5,000 troops had been airlifted to the Afghan den of the Afghan economy which has been severely capital. With these forces the Soviets overthrew the disrupted by the war. Moscow even has had to pay communist government headed by Hafizullah Amin, some of Afghanistan's foreign debt. disarmed Afghan soldiers in Kabul, and seized impor­ Afghanistan continues to be a political vulnerability tant facilities, such as the radio station.8 As the air­ for the Kremlin.
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