Russian Environmental Politics

State, Industry and Policymaking

Ellie Martus

• Publisher: Routledge
• Year: 2017
• Topic: Social Sciences
• eBook ISBN:
  9781351679961
• Subtopic: Ethnic Studies
• Index: Social Sciences

Protecting the environment is a key issue for Russia, with its vast wilderness areas and its economy's reliance on extractive industries, which have the potential to cause massive pollution. This book explores how policymaking works in Russia, focusing on the important field of environmental policy. It argues that, contrary to the prevailing view that the presidency dominates the policy process, with Putin making all major decisions or at least being the arbiter between conflicting parties, policy is in fact made a range of competing interests including the bureaucracy and influential industry and industrial association lobbyists, with relatively little intervention from Putin. The book shows how, although Russia does not have a strong civil society, environmentalist views are represented through the institutionalized bureaucracy. The book concludes that policy decision making in Russia is quite dispersed and not overcentralized.

1 Policy, process, and actors

The Russian environmental policy process is characterised by complex interactions between a range of different policy actors, including the executive, the government, and industry and environmental groups.¹ The relative importance of these actors in decision-making is evaluated as a key element of this study. The purpose of this chapter is to establish the context in which the empirical analysis of Chapters 2, 3, and 4 are situated. First, we begin by defining policy in a Russian setting, before moving to an overview of the various stages of the policy process. This section also outlines the key policy instruments in Russia. Second, an overview of the key environmental policy and legislative documents is presented as background for the empirical analysis in Chapters 2, 3, and 4. Third, the central policy actors are identified. These include the executive, the government, the parliament, industry and environmental non-governmental organisations (ENGOs).

Policy in Russia

A policy is the position or course of action taken by the government on an issue such as environmental protection. This course of action can involve a range of activities including new laws or decrees, amendments to existing laws, and the development of policy documents. It can also include government decisions on particular issues related to the environment and natural resources; for example, a decision to reduce or enhance environmental protection, structural changes to the organs of governance, and inaction or non-decision on a particular issue. In the Russian context, policy decisions can be made by a number of actors, including, most important, the president and the prime minister, followed by federal-level ministries or at the level of regional governments.

Examples of Russian federal-level environmental policy include the 2002 Law on Environmental Protection or the 2012 document, Osnovy Gosudarstvennoi Politiki v Oblasti Ekologicheskogo Razvitiya Rossiiskoi Federatsii na period do 2030 goda (Principles of State Policy in the Sphere of Environmental Development of the Russian Federation in the Period up to 2030). Another example is provided by the administrative reforms of 2000, which saw the State Committee for the Environment subsumed into the Ministry of Natural Resources (MPR). These reforms were widely regarded as evidence of the decline in importance of environmental protection for the government and its renewed focus on natural resource exploitation. The decision to approve certain actions such as mining in national park is also a policy decision. The MPR, for example, changed the boundaries of Yugyd va National Park within the Virgin Komi Forests World Heritage Area in order to permit gold mining to take place (UNESCO, 2014).

Less obvious, however, and often a great deal more difficult to prove, would include inaction or non-decision-making. Smith argues that non-decisions are as important as decisions and policies, and notes that ‘attention should not focus exclusively on decisions which produce change, but must also be sensitive to those which resist change and are difficult to observe because they are not represented in the policymaking process by legislative enactment’ (1976: 13). A Russian example of environmental inaction could include Russia’s failure to sign the second commitment period under the Kyoto Protocol. This gives some indication of government attitudes towards international efforts to combat climate change. The variety of policy types is taken into consideration in this analysis.

The policy process

The policy process can be defined as the negotiation among a variety of actors leading to decision-making on the course of action a government is to take on a particular issue. The policy process is complex and rarely straightforward. The realities of policy development in Russia mean that actual practice can differ significantly from the formal constitutional rules. As noted in the Introduction, the tension between formal and informal practices is one of the three binaries of central concern to our study of the Russian political system.

The process involves a number of stages from the initiation of a policy idea to the formulation of a specific policy and finally its implementation. These stages are not rigid, and there is a great deal of overlap between them. There is a considerable amount of debate in the policy studies literature regarding the number and sequencing of these stages and if and how they relate to each other.² This discussion briefly outlines the key stages of the policy process, providing examples from the Russian environmental policy process. The process is discussed in two broad phases: policymaking and policy implementation.

Policymaking

Policymaking encompasses a number of activities. A variety of actors, who have a range of policy instruments at their disposal, are involved at this stage of the policy process. The process begins with initiation and agenda setting, when issues are raised and policy problems are discussed. Following this, proposals are formulated, possible solutions are presented, and negotiation occurs between actors. The last stage involves the decision-making and approval process of a final policy, which in the case of legislation involves the passage of a bill through parliament.

Initiation and agenda setting

This initial stage of the policy process is when a policy issue first appears on the agenda. Policy problems are discussed, and there is a recognised need to find a solution. In the context of this study, it would be expected that both the environmental and industry groups are involved at this stage of the process, although it is hypothesised that the groups do not have equal weight in the discussions.

An example of this part of the policy process can be seen in relation to forestry legislation which prompted the development of the 2006 Forest Code. From 2001, there were numerous references in the Duma to the shortcomings of existing forestry legislation and calls for the development of a new code. As an example, a parliamentary hearing in 2004 recognised the many problems with existing forestry law and suggested the government develop a new code (Gosudarstvennaya Duma, 2004). There were similar appeals from industry and ENGOs to improve existing legislation (Hitchcock, 2010).

Formulation of a policy proposal

Once a policy idea has been raised and accepted by the government, it is then included on the government’s agenda. Possible solutions are discussed, and alternatives proposed. Ideas are refined, and various actors involved in the policy process provide input and negotiate over the form the final policy is to take. Different policy instruments available to the actors are also taken into consideration by those in the government responsible for drafting the policy proposal (Howlett, Ramesh, and Perl, 2009:114). The instruments available in the Russian policy process are discussed in the following section.

An example of this stage of the policy process can be seen with reference to a law aimed at protecting the sea from oil pollution, which forms the focus of Chapter 3. In this case, two separate drafts were developed by different policy actors. One draft was prepared by the Duma Environment Committee, in cooperation with environmental groups. The second draft was prepared by the MPR. This led to conflict between policy actors over the preferred draft, with one eventually selected for submission to the Duma.

Preparation and approval of final policy

This phase involves the final approval of a particular course of action from among the proposed alternatives. In relation to policy proposals that entail legislation, the Russian policy process requires a bill to pass three readings in the lower house of parliament, the Duma. This part of the process can be lengthy and conflictual, depending on the type of legislation. Duma committees become involved at this stage. The Duma Environment Committee is a key actor in the area of environmental and natural resources policy, and its role is discussed later.

Following the final reading by the Duma, the legislative document enters the upper house of the parliament, the Federation Council, for review. Once passed by the Federation Council, the bill then goes to the president for approval. The president has the power of veto and can send the bill back to the parliament for changes or reject it outright. If a bill is rejected, the Duma and the Federation Council reconsider the document. Upon reconsideration, the bill can be adopted in its original form by a two-thirds majority of the total number of members of the Federation Council and the Duma. It must then be signed by the president within seven days (Konstitutsiya, 1993). Once signed by the president, the document becomes law. Examples of the legislative process will be seen in Chapters 3 and 4.

Implementation

The final stage of the policy process involves implementation. This section provides a brief overview of some of the issues involved in policy implementation. However, as the focus of this study is on decision-making, for the most part, they are not central to the case studies to be discussed.

Implementation involves putting a policy decision into practice. The implementation stage of the policy process is generally regarded as being quite distinct from the rest of the policy process and, as a result, is often treated separately in the policy studies literature. All levels of government, and sometimes private actors, can be involved at this stage of the policy process, and the actors often differ from those involved in policymaking. In the context of the Russian environmental policy process, policymaking and policy implementation involve a very different set of actors as a general rule. Most notably, regional governments and bureaucracies are central to the implementation of environmental policy. The policy studies literature generally regards bureaucrats as playing the largest role (Howlett, Ramesh, & Perl: 160). It is also worth noting that the need for enabling legislation is a key feature of Russian law, which is often of a ‘framework’ (ramochnye zakony) nature. As Solomon (2008) notes, this gives those responsible huge scope in the implementation of policy. In the case of environmental legislation, often key principles are set out, but there are no practical, implementable goals contained in the framework law. Details are left to be included later in additional laws and regulations.

A good example of the implementation process can be seen in relation to the 2006 Forest Code (Federal’nyi Zakon, 2006a). Having been adopted as law in December 2006, the Code entered into force on the 1 January 2007, and the accompanying Federal Law No. 201 O vvedenii v deistvie lesnogo kodeksa Rossiiskoi Federatsii (On the Implementation of the forest code of the Russian Federation) outlined its implementation (Federal’nyi Zakon, 2006b). The implementation of the law involved a number of stages, including the transfer of forested land from the federal government to the constituent units of the Russian Federation, the creation of new regional level administrative bodies, and the development of 56 normative legal documents concerning various aspects of the use, protection, and preservation of forests.³

One implementation issue worth commenting on is in relation to a perceived ‘implementation gap’ in Russian policy, particularly in relation to the environment. This describes a situation whereby policies and laws are not effectively implemented and translated into action. The reasons for this gap are complex, and explanations range from poor policymaking to inadequate funding, the lack of strong environmental institutions, obstructive regional governments, and interference by powerful economic interests.⁴ The key agency responsible for the implementation and enforcement of environmental policy in Russia is the MPR and its subordinate agencies. The role of these institutions in the policy process is discussed later.

Policy instruments in Russia

The Russian Federation has a range of policy instruments, which fit within a loose hierarchy. The Constitution of the Russian Federation is the supreme legislative document and highest source of law. It sets out the rights of citizens, the structure of the federation, and the responsibilities of the various levels of government. A number of articles within the Constitution relate specifically to natural resources and the environment. For example, article 9 point 1 states that ‘land and other natural resources shall be used and protected in the Russian Federation as the basis of life and activity of the people’ (Konstitutsiya). The constitution also enshrines a citizen’s right to a healthy environment, by stating that ‘everyone shall have the right to a favourable environment, reliable information about its condition and for the restitution of damage inflicted on his health or property by environmental offences’ (ibid.).

The Russian Federation ‘has exclusive jurisdiction over the establishment of the fundamental principles of federal policy and federal programmes in the domain of ecological development of the Russian Federation’; and various other matters with environmental ‘dimensions’ such as nuclear power and the ‘production of poisonous substances’ (Butler, 2009a: 598). Responsibility for the use and protection of natural resources, and the protecti...

Table of contents

• Cover
• Title
• Copyright
• Dedication
• Contents
• Acknowledgements
• Note on transliteration and translation
• List of abbreviations
• Introduction
• 1 Policy, process, and actors
• 2 The development of a national forest policy
• 3 Protecting the sea from oil pollution
• 4 The ‘best available technology’ debate
• Conclusion
• Index