Thursday, January 13, 2005
TOUGH RUSSIAN LAW DOES NOT MEAN FOLLOWING IT TO THE LETTER
MOSCOW (Dmitry Kosyrev, RIA Novosti political commentator) - Two events have happened almost at the same time in Russia and the EU. In Russia, President Vladimir Putin blocked a law on beer drinking adopted by parliament last year that banned drinking beer from bottles outdoors, and returned it for revision. In Italy, paradoxically the only EU nation where protests began against a recently enforced law that bans smoking in the office, in restaurants and so on, an association was immediately formed to file claims against the authorities and prepare a referendum on reconsidering the law.
Each culture and each civilization has its own specific features. Europeans have a long tradition of legal regulations that dates back to the Middle Ages. Riesling is served in one German town in glasses that have as many pinches (to prevent the glass from sliding out of your greasy hands) as were stipulated by a law adopted at the end of the 16th century. In Russia, with its different societal model, the tradition has been completely different: many spheres of private life lost their immunity from the law only in the short period under Lenin and then in the beginning of the Stalin era.
Every culture reacts to blatant injustices in its own way. Europeans, who traditionally respect the law, go to court and will hopefully find a suitable way for them to defend their rights this time. In Russia, however, the law is tough, but is compensated by the fact you do not have to follow it to the letter, to paraphrase Saltykov-Shchedrin, a writer and imperial administrator of the end of the 19th century. Most often, the law-enforcer, a policeman or an inspector, is the one who takes the final decision as to which legal restrictions are sensible and enforceable, and which are not.
However, such a situation can breed corruption, which the Russian media foresaw when discussing the laws on beer drinking and smoking. Nobody even thought for a single second that these laws would really be implemented. "It is not Europe here," wise Russians say shocked by how Europe (and the US) deals with their smokers, who account for a fair part of their society. The balance between freedoms and restrictions is what every society seeks. Clearly, different societies look at each other for comparison and sometimes borrow freedoms and restrictions, often importing others' mistakes with them.
Many could use Russia's experience. Here is what happened to the law on beer drinking: it was published at a time when the law on replacing benefits-in-kind with benefits-in-cash came into effect. No matter who is to blame, either parliament that passed the bad law or the local administrators who failed to enforce it properly, it is clear that at such an explosive moment it could be dangerous to ban Russians from drinking beer in the street. As for the law on smoking, even though it is less stringent than its European counterparts, it is not taken seriously yet but also represents a political risk.
The Russian press is currently debating the efficacy of the political system that is gradually being formed, as the pro-presidential party quickly and unanimously adopts laws that "its" president has to block. In the past, parliament was accused of debating laws for too long with the opposition, and sometimes even blocking them completely. Now it is the other way round. But Russia will gradually organize its political system, and, besides, its development is a never-ending process for any country.
However, a more interesting point is that Russia has borrowed these restrictions from Europe or the US. It has long been clear to an outsider that the law on smoking, for example, is openly repressive, causes a split in society and violates human rights. Still, our legislators chose to pass their "tobacco" law along with the law on beer drinking based on Western laws, even if they took on a more moderate tone.
Besides, laws and regulations of the kind are sometimesactively promoted through global economic mechanisms. Many airlines, for one, including Aeroflot, had to ban smoking on aircraft in the late 1990s, as they could otherwise be banned from landing, for example, in the US.
That no country, civilization or culture is ideal is obvious, as is the fact that they should learn from each other's mistakes. This is not merely true of beer drinking and smoking. Still, voters in many countries are under the illusion that their experience should be an example for others to follow.
Russian travel agencies today complain that their clients often refuse to go to Europe because of repressive laws, for example, for smokers, rather than the high rate of the euro. They also predict an influx of European tourists to Russia - the country of free people.
Each culture and each civilization has its own specific features. Europeans have a long tradition of legal regulations that dates back to the Middle Ages. Riesling is served in one German town in glasses that have as many pinches (to prevent the glass from sliding out of your greasy hands) as were stipulated by a law adopted at the end of the 16th century. In Russia, with its different societal model, the tradition has been completely different: many spheres of private life lost their immunity from the law only in the short period under Lenin and then in the beginning of the Stalin era.
Every culture reacts to blatant injustices in its own way. Europeans, who traditionally respect the law, go to court and will hopefully find a suitable way for them to defend their rights this time. In Russia, however, the law is tough, but is compensated by the fact you do not have to follow it to the letter, to paraphrase Saltykov-Shchedrin, a writer and imperial administrator of the end of the 19th century. Most often, the law-enforcer, a policeman or an inspector, is the one who takes the final decision as to which legal restrictions are sensible and enforceable, and which are not.
However, such a situation can breed corruption, which the Russian media foresaw when discussing the laws on beer drinking and smoking. Nobody even thought for a single second that these laws would really be implemented. "It is not Europe here," wise Russians say shocked by how Europe (and the US) deals with their smokers, who account for a fair part of their society. The balance between freedoms and restrictions is what every society seeks. Clearly, different societies look at each other for comparison and sometimes borrow freedoms and restrictions, often importing others' mistakes with them.
Many could use Russia's experience. Here is what happened to the law on beer drinking: it was published at a time when the law on replacing benefits-in-kind with benefits-in-cash came into effect. No matter who is to blame, either parliament that passed the bad law or the local administrators who failed to enforce it properly, it is clear that at such an explosive moment it could be dangerous to ban Russians from drinking beer in the street. As for the law on smoking, even though it is less stringent than its European counterparts, it is not taken seriously yet but also represents a political risk.
The Russian press is currently debating the efficacy of the political system that is gradually being formed, as the pro-presidential party quickly and unanimously adopts laws that "its" president has to block. In the past, parliament was accused of debating laws for too long with the opposition, and sometimes even blocking them completely. Now it is the other way round. But Russia will gradually organize its political system, and, besides, its development is a never-ending process for any country.
However, a more interesting point is that Russia has borrowed these restrictions from Europe or the US. It has long been clear to an outsider that the law on smoking, for example, is openly repressive, causes a split in society and violates human rights. Still, our legislators chose to pass their "tobacco" law along with the law on beer drinking based on Western laws, even if they took on a more moderate tone.
Besides, laws and regulations of the kind are sometimesactively promoted through global economic mechanisms. Many airlines, for one, including Aeroflot, had to ban smoking on aircraft in the late 1990s, as they could otherwise be banned from landing, for example, in the US.
That no country, civilization or culture is ideal is obvious, as is the fact that they should learn from each other's mistakes. This is not merely true of beer drinking and smoking. Still, voters in many countries are under the illusion that their experience should be an example for others to follow.
Russian travel agencies today complain that their clients often refuse to go to Europe because of repressive laws, for example, for smokers, rather than the high rate of the euro. They also predict an influx of European tourists to Russia - the country of free people.
# posted by Deval : 2:58 AM
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