Who in Russia is more equal?

Legal inequality is one of the most serious threats for Russia. Will the country slide into anarchy and lynching? Or the government will understand that the only possible solution to the problem of the Russian society is equality of everybody before law? How long will legal privilege in regard to «elite» exist?

1. Ulcer of inequality

Total inequality (material, social, legal) is one of the main problems in Russia. Today more Russians are convinced that, the government doesn’t guarantee for its citizens even the fundamental rights, promised by Constitution: to education, to healthcare, equality before law, etc. The possibilities to realize these rights depend on its belonging to a specific social group and on its closeness to the government.

The reason for inequality in sphere of education and healthcare is stratification, because government more and more keeps from these spheres and transfers it to a market economy. Legal inequality means that there is no legal single space in Russia. All authorities drop out of the scope of laws mandatory for “simple” Russians. Senators, State Duma deputies and deputies of regional legislature, the head of Audit Chamber and auditors, judges, prosecutors, the head of Investigative Committee and  commissioner for human rights, special services officers and many others (in total 14 groups of citizens) have immunity to criminal prosecution.

2. Privilege as evidence

Let’s say that some groups of citizens really need this immunity in order to perform their duties honestly without any fear of possible pressure. Though such defense measures serve as evidence of the fact that investigative agencies, judges and prosecutor’s offices are governed not only by law, but also by some personal interests. "If to deprive the lawyer of a legal status, it will be easier to pressure on him: initiate unwarranted criminal case in order to unbalance the lawyer and to deprive him of all opportunities to protect the interests of the client, – believes the managing partner of the Bar "Muranov, Cherniakov and partners" Dmitriy Cherniakov. – The same situation with judges – if a judge looses his status of a special subject and if it is possible to initiate criminal case against him, some governmental authorities will take advantage of this situation in order to push forward their position in legal issues". State Duma deputies are afraid for their immunity. "We know how everything is done, by what phone calls these cases are initiated, for how much money these cases are initiated and also dismissed, – explains State Duma deputy from "United Russia" Gennady Gudkov. – If the cases in Russia have been initiated based on the materials and objective facts, legally, I would vote for total abolition of immunities, including for deputies. But I know the rates on which work our not so respectful investigators and prosecutors. And, to tell the truth, it is scaring: but maybe some person will give extra 100 dollars, or maybe 200 or 300 – then you won’t be able to escape the criminal prosecution and you won’t find protection.” It is significant that this is the opinion of the representative of the ruling party.

3. Inequality on roads

However not all privileges are so necessary for performing the duties. And in this case inequality on roads causes resentment. Why, for example, the minister or deputy can’t leave the home one hour earlier in order not to come late for work, why long string of cars, buses, trams with people, should be stuck in a traffic jam, waiting till senior officials pass by, and all this is more offensive, because the effectiveness of the work of these officials is doubtful, and, for example, for doctor or teacher stuck in a traffic jam a lot of patients and pupils are waiting.

It is obvious that special signals, except, of course, for ambulance and firemen, represent embodiment of significance, and moreover it is convenient and saves a lot of time – but in reality, it causes resentment of many “simple citizens”.

And, to tell the truth, it is worthless to hope for reducing road inequality. Russian Prime-Minister in December of 2010 on a TV-show "Conversation with Vladimir Putin" said that "blocking the roads for special transport is done only for two officials – for the President and for the Prime Minister". "It is prohibited to block the roads for other, and if this is happening, then it is gross violation of current instructions, said the Prime Minister. – Everything that is connected with inequality on roads should be eliminated as soon as possible". Since then there were no significant changes on roads.

But more dangerous than this conspicuous significance is "road immunity" of many services and agencies. For example, fellow prosecutors are released from an obligation to comply with the rules of the road. The story of lieutenant of Road Petrol Service (RPS), Alexander Bugurnov from Novosibirsk region, could be a great example. In 2005 he arrested for violation of traffic rules assistant attorney of the Railroad district of Novosibirsk. This lieutenant was accused for abuse of power, also he was suspended from work and sentenced to imprisonment for four years. In 2007 during the second trial the court acquitted the inspector for the lack of evidence.

In 2009 in the Ministry of Home Affairs administrative regulation was prepared, which equated special subjects with all road users. Officers of State Inspection for Road Safety (SIRS) were allowed to write out fines for them and even deprive them of driver’s license the same as with ordinary car owners. However, these provisions of regulation were appealed by Prosecutor General’s Office. As a result the Ministry of Home Affairs introduced some changes: now inspectors of the SIRS could just compile a report, which will be sent to violator’s workplace, and "take special measures to stop the vehicle".

4. Special world, special relations

As a result some peculiar castes appear with significant privileges, which live by their own laws and are not aware about the problems of ordinary Russian people; they are not even interested in it. Conviction in their immunity leads to the offset values and to the lost of moral guides. And then drunk policeman rushing at full speed on Toyota during the day knocks a 10 years old child, employee of a prosecutor’s office swallows her ice cream over a dead child, whom she run over, and Ex-Chief of State Administration of Internal Affairs in Krasnodar region, fired after mass killing in a village Kushchevskaya, is rewarded with a medal "For services in management" and also he becomes a CEO of one regional bank.

Also children follow in the footsteps of their parents. For example, the daughter of the head of an election Committee, after driving into the sidewalk rams two girls walking on this sidewalk; one of these girls died in a hospital, another one has been passing the course of treatment for a long time.

Taking into consideration that the power in Russia on all levels is transmitted, and powerful parents try to provide good career and profitable business for their children, it is easy to understand that these "juniors", raised in the atmosphere of permissiveness and impunity, in 10-15 years will rule the country.

5. Russians don’t believe in justice

Influential people and the members of their families get off an easy fright, even if in result of their action people die. For example, lieutenant  Filippov was sentenced only to one year and 6 months of imprisonment for killing a 47 years old Chita driver Victor Koktyshev. The father of three children didn’t stop on request of Filippov: policeman didn’t have his baton, so the driver didn’t understand the gesture and just passed by. And so policeman opened fire on the “violator”. The bullet, breaking the rear window of the car, hit in the neck of Koktyshev, and mortally wounded Victor. Only through the efforts of human rights advocates suspended sentence became real.

You can be regarded with favor of the Russian Themis not only through business and family ties, but also through big money and useful contacts. Only 8 months later after detection of numerous crimes of Kushchevsk gang close associate of a leader of this gang Sergey Tsepoviaz was set free on bail. 

Usually the sentence depends on the status and profession of the defendant, and also on the will of some person from Presidential Administration, admits Federal judge in retirement, honored lawyer of the Russian Federation Sergey Pashin. "And also if somebody, who has access to power, likes your business, criminal prosecution serves as a mean of redistribution of wealth", – adds Sergey Pashin.

It is not surprising that according to the data of All-Russian Public Opinion Research center, 72% of Russians are afraid to contact with judicial authorities and only 6% believe that justice is not government instrument. According to results of recent study, conducted by Alena Ledeneva, professor at London University, by the Center EU-Russia and Levada-center, only 4% of Russians are sure that judicial decisions are not made “on orders from above”. According to the study, conducted by “Levada-center”, only 8% of Russian people unconditionally trust the courts, 45% would rather trust than don’t trust. 43% of respondents don’t trust the courts, and 5% found difficulty in replying. The level of confidence of Russians in justice is rapidly decreasing. Five years later 19% of Russian people trusted the courts, and 33% didn’t trust.

6. Lynching and anarchy

Of course, our government is not ready to adjust its activities after taking into account opinions of the population. But it is time to listen to the people. Russians, who more often don’t believe in justice, try to fight for justice with their own forces – committing at the same time crimes and sacrificing their own freedom. "People are in a state of a total despair from impossibility to find justice. In such condition they want to grab a gun and shoot. When they do it, they don’t think that they could be sent to jail. There is anti-oxygen in the air of the country, and in this anti-oxygen people live and feel that there are no other ways to punish scums! The government can’t defend people – so the have to resist. Citizens also assume the role of judges and executioners, and in a modern society it is unacceptable. The mechanism of realization of rights doesn’t work in Russia, that is why it is easier and faster to punish somebody with your own forces. About what highest values and human integrity we can speak, if the government in fact defends criminals, denying in justice for law-abiding people?", – asks a member of the Public Chamber of the Russian Federation, human rights advocate, writer Alla Gerber.

According to the data of the experts at the Institute of sociology of RAS, who recently have published one large-scale analytical report "20 years of reforms through the eyes of Russians", citizens of our country feel discomfort and discontent about the fact that in Russia there is corruption and “democracy for the elite". 34% of citizens have a desire "to shoot all bribetakers and speculators". 38% of respondents confess that sometimes they catch themselves wishing such a reprisal against officials and corruptionists. Citizens of the capital expressed greater “need” in eliminating such criminals: more than 60% of Moscow citizens were for physical reprisal against bribetakers.

"If the authorities avoid solving the problems of ordinary citizens, there will be unpredictable consequences, – says Doctor of Laws, writer Danila Koretsky. – The origins of lynching are obvious – this is unsatisfactory work of government institutions, which should protect the interests of ordinary people, our citizens, but either they don’t do it, either they do it badly. That is why citizens take the initiative in their hands. When laws don’t work or work selectively, anarchy starts to rule".

The first alert was a Lynch trial of a 20 years old woman from Briansk, who knocked down to death a three-year old girl. And here the deal is not about single acts of revenge, it is about organized mass hunting. Crowd thirst for justice is a terrible force. Who will be the leader of this crowd, to where it will lead, and to where will Russia go?

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