Money laundering and the shadow economy in Kazakhstan

Purpose The purpose of this paper is to assess and highlight the approach taken towards the legal control of illicit money laundering taken in the Republic of Kazakhstan, in particular, the role played by an amnesty on the legalisation of illicit funds. This is particularly important as a basis for a wider discussion about the proper limits of the “criminalising” approaches commonly taken in anti-money laundering regulations. Design/methodology/approach The discussion and evaluation in the paper is based upon a conceptual analysis of the money laundering regime in Kazakhstan, in particular, the legal framework and policies of implementation adopted. Findings The paper demonstrates that the problems that are posed by the shadow economy in post-Soviet transition societies can make the blanket criminalisation of money laundering a self-defeating approach, unless accompanied by measures which allow for the achievement of “market-constituting” effects. Research limitations/implications The paper draws on experience and practice in one jurisdiction only (Kazakhstan); it also limits its focus to one particular example of a money laundering amnesty policy. Both of these limitations, therefore, suggest avenues for further comparative research. Originality/value The paper’s conclusions about the interactions between the shadow economies of transitional societies and the global anti-money laundering agenda have wider application in assessments of international law in this area.

Demokrati eller presidentdiktatur? : Konstitutionella vägval i postkommunistiska länder

While authoritarian presidents prevail under heavily president-oriented constitutions throughout the post-Soviet region, democracy along parliamentary lines triumphs in Central Europe. This article discusses the constitutional pattern among the post-communist countries on the basis of two general questions: First, how can we explain why strong presidential constitutions dominate throughout the post-Soviet region whereas constrained presidencies and governments anchored in parliament have become the prevailing option in Central Europe? Second, and interlinked with the first question, why have so many post-communist countries (in the post-Soviet region as well as in Central Europe) chosen neither parliamentarism nor presidentialism, but instead semi-presidential arrangements whereby a directly elected president is provided with considerable powers and coexists with a prime minister? The analysis indicates that both historical-institutional and actor-oriented factors are relevant here. Key factors have been regime transition, pre-communist era constitutions and leaders, as well as short-term economic and political considerations. With differing strengths and in partly different ways, these factors seem to have affected the actors’ preferences and final constitutional compromises.

Population dynamics of the infaunal bivalve, Soletellina alba

The population dynamics of the infaunal bivalve Soletellina alba was investigated at three sites situated within close proximity to the mouth of the Hopkins River estuary. The initial study design was planned to examine the importance of winter flooding to the persistence of this bivalve mollusc within the Hopkins estuary, since mass mortalities have been observed during previous years coincident with periods of winter flooding. Unfortunately, the climatic conditions experienced during this study were atypical compared to the long-term average, so detailed sampling was limited to two, unanticipated, non-flood years rather than two, highly anticipated, flood years. This hampered my ability to conduct complete tests of the importance of winter flooding. Patterns of river discharge and the frequency and duration of mouth opening and closing differed greatly from that expected. Unexpectedly, periods of mouth closure were not always associated with periods of minimal river discharge; low salinities were another unexpected result during an extended period of mouth closure during 1998. As expected, salinities varied considerably with increasing water depth when the estuary mouth was open. Mouth closure lead to salinities becoming more uniform between water depths but hypoxic and anoxic conditions became evident via stratification in the water column at 1 m below the Australian Height Datum (AHD). Other than trends associated with increased water depth, significant variation was not evident between measurements of salinity taken from three sites within close proximity of the estuary mouth (approximately 500 m), or during changes in tide. The most pertinent anomaly was the absence of winter flooding. The distribution and abundance of juvenile and adult S. alba was variable across all Dates, Sites and Channel elevations (i.e. water depths) sampled during this study. An experimental test comparing the recruitment of juveniles at different channel elevations and in sediments of varying particle size was conducted during an exceptionally successful period of recruitment during 1999. The results of these tests showed that recruitment was greatest at the shallowest channel elevation used, and there was little evidence that sediment particle size influenced recruitment. In contrast to 1999, recruitment during 1997 or 1998 was extremely poor. Growth rates were monitored using tagged individuals held in caged and uncaged plots, which revealed that growth was highly variable among individuals, but not between Sites. These tests also revealed that growth was negligible during the colder, winter months, and that the fastest growing individuals were capable of growing 0.2 mm/day. Mixed results were obtained for tests of potential cage artifacts and the influence of handling. Caging and differing amounts of handling did not appear to influence growth, but there was evidence that cages and handling influenced bivalve condition and number of mortalities. These direct tests appeared to be the most appropriate method for determining growth rates of this species, since attempts to analyse length-frequency data were made difficult by the apparent convergence of cohorts, and shell aging is difficult due to the thin, fragile nature of the shell. As expected, mass mortalities were observed during the flood of 1996, but not during the two non-flood years of 1997 and 1998. There were, however, some considerable declines in abundances at some channel elevations during the two non-flood years. However, these declines were attributable to the complete disappearance of individuals, rather than the sudden presence of numerous, recently dead individuals that typify observed declines during winter flooding. The complete disappearance of individuals suggest that S. alba may be capable of post-settlement emigration, or that they were consumed by an unknown predator. Salinity tolerance tests showed that bivalves exposed to low salinities (≤6 ppt), exhibited poorer condition and took longer to re-burrow into sediments than those exposed to greater salinities (≥14 ppt), while death of bivalves exposed to salinities ≤1 ppt occurred after 8 days of exposure. These tests provide evidence that low salinities are probably the principal cause of mass mortalities during winter flooding, although the interaction between salinity, temperature and turbidity also deserve consideration. The results of this study indicate that certain aspects of winter flooding, especially salinity, are responsible for the mass mortalities of S. alba rather than the result of a short-lived life history. I hypothesise that the survival of very young juveniles (between 0.5 and 1 mm shell length) and rapid growth rates are important features of the life history of S. alba that explain its successful persistence within the Hopkins River estuary. The rapid rates of growth suggest that it may be possible for juveniles that survive winter flooding to grow, reach sexual maturity, and reproduce before the onset of the next flood event. Unfortunately, the increased survivorship of juveniles during periods of winter flooding was not demonstrated by this study because of the absence of winter flooding and also relatively poor recruitment. It is highly likely that this species is capable of completing it entire life cycle within the estuary since the absence of other nearby populations, together with periods of mouth closure, are likely to greatly limit the potential contribution made by larvae entering from the surrounding marine environment. This study has added considerably to our knowledge of how infauna cope with life in the intermittently closing estuaries that typify semi-arid coastlines in the Southern Hemisphere.

What’s in a name? The personal and political meanings of 'LGBT' for non-heterosexual and transgender youth in Kyrgyzstan

In this article, we focus on the ways in which non-heterosexual and transgender youth involved with the non-governmental organization ‘Labrys’ in Kyrgyzstan have begun to demand the protection of their basic civil and human rights on the basis of self-identification as ‘LGBT’. This acronym, which stands for Lesbian, Gay, Bisexual and Transgender, is relatively new to Kyrgyzstan and other post-Soviet states, and represents a change in the terms used by non-heterosexual and transgender people to describe themselves. We frame our discussion using the concepts of sexual citizenship, private/public divides and stigma and base our discussion on debates amongst the staff and community of Labrys about the purpose and scope of the organization. Centrally, we suggest that the strategic use of ‘LGBT’ as a public and politicized identity represents a new, pro-active form of stigma management. By employing this strategy, young LGBT people become ‘would-be’ sexual citizens and challenge traditional societal norms that seek to keep discussion of sex and sexuality in the private sphere and restrict rights to heterosexual, cisgender citizens.

Development in Kyrgyzstan : Failed State or Failed Statebuilding?

This chapter examines the tensions present in approaches to development in Kyrgyzstan. It argues that development in this small post-Soviet republic has been approached primarily as formal statebuilding (Marquette & Beswick 2011), implying a belief that domestic political institutions and processes are the primary cause of fragility and that the adoption of democratic institutions and free market economic policies will result in development. The consequences of this inherently normative endeavour are explored in terms of the local political economy that has developed since independence and especially in the 2000s. Centrally, it is demonstrated how the competing interests and priorities of donors and local elite have undermined development efforts. On the basis of this analysis, it is suggested that rather than being framed as a failing or failed state, Kyrgyzstan is better understood as a case of failed statebuilding that cannot be remedied by the adoption of the current principles for development in fragile states situations, as adopted by the international community. Instead, the focus needs to be on facilitating the rebuilding of state-society relations both locally and internationally with a view to beginning to check the marketization of the state that has occurred.

Il Pluralismo tra Democrazia ed Autoritarismo: Il Caso Russo

The research explores the mechanisms in the formation and consolidation of a new regime which combines democratic and authoritarian features; it has emerged as result of democratization processes affecting different world areas in recent years. The study analyses a case of great international significance, post-communist Russia: here internal factors strongly prevail in front of the external variables of democratic imitation and contagion, thus showing to what extent Russia differs from other political contexts. The study intends to examine the strategies used by this regime to solve internal conflicts and become stable in spite of the democratizing pressures coming from outside. Indeed, the literature about political transformations has shown the problems in analyzing these polities together with the need to examine their peculiarities more in depth. In this perspective, the first section focuses on the dynamics of State-building in Russia as a fundamental process in tracing the specific characteristics of the current regime: particularly, it is suggested that the State dimension comes out as crucial in determining the level of political and social pluralism accepted in post-Soviet Russia. This argument is worked out in the second section, which analyses the main mechanisms used by the incumbents to limit and control pluralism within the two arenas of political competition and civil society, from where the major threats to the status quo are supposed to come. The main hypothesis is that the leadership interventions in these spheres during the last ten years have shaped a regime which can be characterized as a new type of authoritarianism: with respect to traditional authoritarian forms a certain degree of political contestation is accepted, visible in the presence of a multiparty system, semi-competitive elections and of the several representatives of civil society. Yet, this diversity is curbed basically in two different ways: from one hand the incumbents provide support to political and social actors who sponsor government politics (see the party of power and pro-Kremlin movements). From the other they use some non coercive forms of control and restriction (in legislation, in political elections) against those actors who promote values and priorities opposed to the official ones.

La narrazione spettacolare. Nuove forme dello storytelling: dai testi narrativi al teatro.

Il lavoro di tesi parte da un presupposto di osservazione empirica. Dopo aver rilevato la ricorrenza da parte di registi teatrali del panorama internazionale all’adattamento di testi non drammatici, ma narrativi per la scena, si è deciso di indagare come la natura narrativa dei testi di partenza si adatti, permanga o muti nel passaggio dal medium narrativo a quello spettacolare. La tesi si suddivide in tre parti. Nella parte intitolata “Della metodologia” (un capitolo), viene illustrato il metodo adottato per affrontare l’analisi degli spettacoli teatrali. Facendo riferimento alla disciplina semiotica teatrale, si è definito l’oggetto empirico di studio come testo spettacolare/performance text. La seconda parte della tesi, “Della comparazione dei modelli comunicativi”, (due capitoli), procede nella definizione: 1) dell’elemento teorico da indagare nei testi spettacolari, ovvero, la “narratività”; 2) dei modelli comunicativi della narrazione e dello spettacolo teatrale e delle loro intersezioni o differenze. Nella terza parte della tesi, “Della critica”, (due capitoli), vengono analizzate alcune delle opere del regista Jurij Ljubimov (Russia), Eimuntas Nekrošius (Lituania), Alvis Hermanis (Lettonia). La scelta è ricaduta sulle opere di questi registi in base a una considerazione: 1) culturale: si è deliberatamente circoscritta la sfera di indagine alla produzione teatrale russa e post-sovietica; 2) estetica: è stato osservato che la linea registica inaugurata da Jurij Ljubimov va permeando l’attività registica di registi più giovani come Nekrošius e Hermanis; 3) statistica: Ljubimov, Nekrošius, Hermanis hanno scelto di mettere in scena testi non drammatici con una elevata frequenza. La tesi è corredata da un’ampia appendice iconografica. Per l’analisi dei testi spettacolari si è fatto riferimento alla visione degli spettacoli in presa diretta in Italia e all’estero.

Another Way of Saying Enough: Environmental Concern and Popular Mobilization in Kyrgyzstan

This article is a foray into the understudied issue of environmental protest politics in Central Asia. Specifically, it uses Kyrgyzstan as a case study to test the argument that environmental concerns mobilized people to engage in protest and in ways different from other kinds of protest. This essay presents the first systematic study of public opinion about the environment in Kyrgyzstan. It includes results from a 2009 nationwide survey, over 100 expert and elite interviews, and newspaper content analysis. Furthermore, it spatially analyzes these results to identify geographical variation in public perception and political event occurrence patterns. Protest engagement is a complex process determined by the interaction of several factors, and is not explained solely by affluence, rationality, or grievances. Eco-mobilization - collective political action about the environment - represents a class of protest events that offers a different view into mass discontent in the former Soviet Union and neo-patrimonial societies. The study finds that these political actions about the environment are not necessarily elite driven; there is a basic foundation of national concern and salience of these issues, and demonstrated environmental beliefs do help to explain protest behavior.

Changes in the Social Status of Women in Societies in Transition: Russia and Armenia

The project studied the way the post-communist transition has affected the position of women in society and two post-Soviet states, Armenia and Russia, were chosen for a comparative study. Although in many respects the two countries show rather similar tendencies, there are important differences. The most dramatic of these lie in the field of the women's movement and state support, in family lifestyles and public thinking, and in the perception of female roles in society by both women and men in both countries. Whereas in Russia, at least in large cities, it is possible to speak of a movement concerned with equality and women's rights, in Armenia there are few women's organisations and those that exist are most focused on support for children and poor families. In Russia, many post-Soviet changes can be described as a shift towards 'Western' rather than 'Eastern' values, while in Armenia this tendency is much weaker and exists alongside a relapse into traditional attitudes. Iskandarian suggests possible explanations for this, both intrinsic (tradition. motivation) and external (influences, neighbouring countries, involvement in wars, the economic situation, migrations, political regimes). Nevertheless, for both societies it is possible to speak of a growing awareness of women's needs and of the birth of a new tradition in family and public life brought by the post-Soviet winds of change.

The Ingrian Question as a Historical and Political Phenomenon

The project dealt with the political history of the Finnish-speaking minorities of the Russian northwest, mainly in the 20th century. The first part looks at the development of the national movement of the Ingrian Finns and other related ethnic groups (Izhoras, Votes) from the turn of the century to 1920, when Estonia and Finland signed peace treaties with Soviet Russia and the national rights of the Finnish minority in Russia were to some extent guaranteed. In the second section, on the history of the Ingrians during Soviet and post-Soviet times, areas covered include Ingrian national-cultural autonomy in the 1920s, the activities of Ingrian "ingri" organizations in Finland during the inter-war period, social and national repression and the end of autonomy in the 1930s, the dispersal of the Ingrians during the second world war, their first attempts to return home in the immediate post-war period, trends in the development of the social and cultural life of Ingrians during the last 40 years, and the prospects for their existence as an ethnic unity in the future. The research is based on documentary sources from 15 Russian archives, many of which have not previously been used.

Tolerance and Critical Thinking

Post-soviet countries are in the process of transformation from a totalitarian order to a democratic one, a transformation which is impossible without a profound shift in people's way of thinking. The group set themselves the task of determining the essence of this shift. Using a multidisciplinary approach, they looked at concrete ways of overcoming the totalitarian mentality and forming that necessary for an open democratic society. They studied the contemporary conceptions of tolerance and critical thinking and looked for new foundations of criticism, especially in hermeneutics. They then sought to substantiate the complementary relation between tolerance and criticism in the democratic way of thinking and to prepare a a syllabus for teaching on the subject in Ukrainian higher education. In a philosophical exploration of tolerance they began with relgious tolerance as its first and most important form. Political and social interests often lay at the foundations of religious intolerance and this implicitly comprised the transition to religious tolerance when conditions changed. Early polytheism was more or less indifferent to dogmatic deviations but monotheism is intolerant of heresies. The damage wrought by the religious wars of the Reformations transformed tolerance into a value. They did not create religious tolerance but forced its recognition as a positive phenomenon. With the weakening of religious institutions in the modern era, the purely political nature of many conflicts became evident and this stimulated the extrapolation of tolerance into secular life. Each historical era has certain acts and operations which may be interpreted as tolerant and these can be classified as to whether or not they are based on the conscious following of the principle of tolerance. This criterion requires the separation of the phenomenon of tolerance from its concept and from tolerance as a value. Only the conjunction of a concept of tolerance with a recognition of its value can transform it into a principle dictating a norm of conscious behaviour. The analysis of the contemporary conception of tolerance focused on the diversity of the concept and concluded that the notions used cannot be combined in the framework of a single more or less simple classification, as the distinctions between them are stimulated by the complexity of the realty considered and the variety of its manifestations. Notions considered in relation to tolerance included pluralism, respect and particular-universal. The rationale of tolerance was also investigated and the group felt that any substantiation of the principle of tolerance must take into account human beings' desire for knowledge. Before respecting or being tolerant of another person different from myself, I should first know where the difference lies, so knowledge is a necessary condition of tolerance.The traditional division of truth into scientific (objective and unique) and religious, moral, political (subjective and so multiple) intensifies the problem of the relationship between truth and tolerance. Science was long seen as a field of "natural" intolerance whereas the validity of tolerance was accepted in other intellectual fields. As tolerance eemrges when there is difference and opposition, it is essentially linked with rivaly and there is a a growing recognition today that unlimited rivalry is neither able to direct the process of development nor to act as creative matter. Social and economic reality has led to rivalry being regulated by the state and a natural requirement of this is to associate tolerance with a special "purified" form of rivalry, an acceptance of the actiivity of different subjects and a specification of the norms of their competition. Tolerance and rivalry should therefore be subordinate to a degree of discipline and the group point out that discipline, including self-discipline, is a regulator of the balance between them. Two problematic aspects of tolerance were identified: why something traditionally supposed to have no positive content has become a human activity today, and whether tolerance has full-scale cultural significance. The resolution of these questions requires a revision of the phenomenon and conception of tolerance to clarify its immanent positive content. This involved an investigation of the contemporary concept of tolerance and of the epistemological foundations of a negative solution of tolerance in Greek thought. An original soution to the problem of the extrapolation of tolerance to scientific knowledge was proposed based on the Duhem-Quine theses and conceptiion of background knowledge. In this way tolerance as a principle of mutual relations between different scientific positions gains an essential epistemological rationale and so an important argument for its own universal status. The group then went on to consider the ontological foundations for a positive solution of this problem, beginning with the work of Poincare and Reichenbach. The next aspect considered was the conceptual foundations of critical thinking, looking at the ideas of Karl Popper and St. Augustine and at the problem of the demarcation line between reasonable criticism and apologetic reasoning. Dogmatic and critical thinking in a political context were also considered, before an investigation of critical thinking's foundations. As logic is essential to critical thinking, the state of this discipline in Ukrainian and Russian higher education was assessed, together with the limits of formal-logical grounds for criticism, the role of informal logical as a basis for critical thinking today, dialectical logic as a foundation for critical thinking and the universality of the contemporary demand for criticism. The search for new foundations of critical thinking covered deconstructivism and critical hermeneutics, including the problem of the author. The relationship between tolerance and criticism was traced from the ancient world, both eastern and Greek, through the transitional community of the Renaissance to the industrial community (Locke and Mill) and the evolution of this relationship today when these are viewed not as moral virtues but as ordinary norms. Tolerance and criticism were discussed as complementary manifestations of human freedom. If the completeness of freedom were accepted it would be impossible to avoid recognition of the natural and legal nature of these manifestations and the group argue that critical tolerance is able to avoid dismissing such negative phenomena as the degradation of taste and manner, pornography, etc. On the basis of their work, the group drew up the syllabus of a course in "Logic with Elements of Critical Thinking, and of a special course on the "Problem of Tolerance".

The Language of Political Conflict: A Logico-Semantic Approach

A semantic approach towards political conflict first emerged in the 1930s and provides the methodological foundations for the description of political conflicts, in particular as the correlation between the language of description and reality. Any military or political confrontation presupposes axiological, conceptual and ideological confrontation. The form of adequate description can only be comprehended if the characteristic features of its language (structure) and thesaurus are revealed. Admitting the possibility of different descriptions implies the necessity of analysing this possible ambiguity, i.e. the characteristic features of the language which enable us to form various statements, including mutually exclusive ones. The insoluble task of finding a middle ground between the viewpoints of the conflicting parties should be replaced by soluble procedures of explaining and assessing the conflicting axiologies. For the description of conflict situations, when it is essential to represent various positions within a uniform system, an apparatus of model semantics seems to be the most appropriate one both for generating alternatives and for bringing them together in a modal system of a world in which procedures of transition from one world to another (i.e. the transworld compatibility between them) are also reflected. Reality is reconstructed not as a sort of middle ground between the mutually exclusive approaches nor as their sum, but as a result of the overlapping of various worlds and the procedures of transition from one state of affairs to another. The description of a conflict is therefore seen as a system of worlds connected by modal relations, with a system of worlds emerging as a reality to be described. This approach makes it possible to describe the processes from the points of view of the participating parties and, at the same time, to reveal their basic attitudes. The main idea of this research is shown by the problems analysed: the description of conflict as methodology; language and behaviour (general problems of semiotic description), the logico-semantic analysis of the notions of "problem and conflict", "Genesis and Chronology", "the recurrent model of the (historical) explanation and interpretation of the conflict". Zolyan used data on the Karabagh conflict to demonstrate the dependence of the structure of semio-cultural codes on current political development and considered post-soviet history as a semio-cultural problem. He sought to consider and reveal the logic of manipulations with history, and proposed the logic of preferences as a possible instrument for achieving compromise.

Märkte der guten Hoffnung. Leihmutterschaft, Arbeit und körperliche Kommodifizierung in Russland

Surrogacy has often been discussed as the ultimate form of commodification processes, that position surrogate mothers as the weakest links in global reproduction chains. The article explores the perspectives of these women in post-Soviet Russia, investigating how they conceptualise their „work“ and what role the metaphor of gift-giving plays in this context. Giving insight into their diverse backgrounds, experiences and attitudes, the text provides the opportunity to ask for ways of conceptualising the complex power relations pervading commercialised intimacies.

A note on ethnic return migration policy in Kazakhstan : changing priorities and a growing dilemma

This paper offers a brief analysis of the legal aspects of the ethnic return migration policy of Kazakhstan, a post-Soviet Central Asian state that has been active in seeking ties with its diaspora since independence. This paper examines the definition of oralman (repatriates) and the establishment of a quota on the number of Kazakh immigrants who are eligible for government funds to show how the rationale and preferences in repatriation policy have changed over the years. By focusing on changes in migration-related legislation in the late 2000s and early 2010s, the paper notes that two key goals of Kazakhstan’s migration policy are not necessarily consistent with each other: the promotion of an ethnically based nation-building project by encouraging the "return" of co-ethnics living abroad, and building a workforce that is best suited for the development of the state’s economy.

Making or Breaking the Republic of Moldova? The Autonomy of Gagauzia. EDAP 02/2013

This article describes the process of self-determination and the creation of a territorial autonomy of the Gagauz people in the Republic of Moldova. It also analyses the situation in the autonomy after the change of government in Chisinau in 2009 and evaluates the current status of accommodation of the Gagauz’ interests in the country. Aspects of state-building and the influence of external actors are explored as well. Gagauzia (Gagauz Yeri) is one of the first post-Soviet autonomies. Since its establishment in 1994, no violent conflict has taken place there. However, the Gagauz language and culture remain relatively unprotected, and incentives as well as support for the integration of the Gagauz are low. The article outlines the potential for future disputes between the central government and local authorities, due to continuous attempts to limit Gagauzia’s self-governance and conflicting interpretations of how the autonomy should work. Furthermore, struggles between Gagauz political leaders and other local realities hamper the successful realization of Gagauz Yeri. With respect to Moldova’s efforts to resolve the Transnistrian conflict and to integrate with the European Union, compromises and cooperation through an ongoing dialogue between the centre and autonomy are clearly due. Resolving the remaining stumbling blocks could make Gagauzia a living, rather than symbolic autonomy.