The Role of State in Ukrainian Business: Violent Bespredel and Profitable Partner
Journal Title: Kyiv-Mohyla Law and Politics Journal - Year 2015, Vol 1, Issue
Abstract
This article analyses the role played by the Ukrainian state in the everyday business of average Ukrainian firms in 2007–2011. Relying on the empirical findings of a five-year case study conducted in Eastern Ukraine, this article confirms the image of the Ukrainian state as a “grabbing hand” or bespredel — an unrestricted and violent power. The contractual relations of the researched firms and the state actors were fraught with illegal practices such as kickbacks from suppliers and the need to systematically violate the law on state procurement; pervasive Soviet-style personal relations; the risk of experiencing violent administrative pressure including criminal prosecution; and deficiencies in the enforcement of contracts. Notwithstanding these risks, the researched businesses revealed no absolute moral prohibition against joining the “grabbing hand” of the state to exploit public resources and advance their own private gains.
Authors and Affiliations
Tatiana Kyselova
Professional Peacemakers in Ukraine: Mediators and Dialogue Facilitators Before and After 2014
Based on the findings of qualitative empirical study, this article reveals that, in contrast to most violent conflicts in the world, the Ukrainian context is distinguished by the presence of a self-organized, self-aware...
Fighting the Lernaean Hydra — General Measures in the Operative Part of the European Court of Human Rights’ Judgments: Broad Context and Ukrainian Perspectives
The European Court of Human Rights recently has introduced a variety of instruments to streamline the flow of applications and to address the handling of repetitive applications. This article discusses one of these instr...
Problems of Adherence by Ukraine to International Commitments in Resolution of Cases in Trials that Took Place in Temporarily Occupied Territories
The legal procedure employed in criminal law where an individual was convicted by the courts of a temporarily occupied area of Ukraine has faced a number of challenges. When the European Court of Human Rights (ECHR) find...
Hybrid War or Civil War? The Interplay of Some Methods of Russian Foreign Policy Propaganda with International Law
This article discusses the attempts of Russian officials to hide the elephant in the room – Russia’s military participation in a war that Russia falsely portrays as civil war in eastern Ukraine. Unlike Russia’s propagand...
Learning the Lessons from the Euromaidan: The ups and downs of LGBT Activism in the Ukrainian public sphere
This paper addresses the growing visibility of LGBT civil society organizations in Ukraine’s political sphere after the Euromaidan. Drawing on the data collected through in-depth, semi-structured interviews; participant...