Krysha
This discussion leads us to a broader digression, on what Volkov has called “the use of force in the making of Russian capitalism.”37 In the past few years a body of work has emerged both in Russia and the West that has made broad conceptual strides in redefining the nature of Russian “organized crime.”38 This approach, which drew its concepts from research on the Sicilian mafia, has rejected the traditional normative approach (in which “criminal” is defined as whatever is against the law) in favor of a more functionalist approach seeking to define the specific roles of different groupings within the overall economic and political system. Thus Volkov prefers to speak of “the violence-managing agency,” be it a crime group, a ChOP, a ChSB, or a government agency. He defines krysha, “the roof,” as “agencies that provide institutional services to economic agents irrespective of the legal status of providers and clients. … legal status is secondary to type of action and function in the economic realm.”39
The specificity of Russian “organized crime” is linked to the origins of Soviet, and then Russian capitalism. Before Gorbachev’s law on cooperatives, in 1987, any form of private business was considered, from a legal and normative point of view, “organized crime,” and fell under the purview of the GUBKhSS: it is thus not entirely surprising that organized crime, in turn, came to play a central role in the building of Russian capitalism. When small businesses were finally allowed to emerge, they were obliged to function within a legal system that lacked the most elementary framework for capitalist activity. It was at this point that groups of young thugs, usually either veterans of Afghanistan or sportsmen based around a given club, stepped in to offer “protection.” While the initial approach was essentially predatory – the groups milked the businesses for everything they were worth and moved on – it was rapidly made to evolve. Some groups, as the Soviet Union declined and then collapsed, understood that far more money could be made if the businesses they “protected” were allowed to thrive, grow, and continue paying a regular cut; as the system grew more sophisticated, these groups placed their own people on the boards or in various departments of businesses, or simply set up their own firms, thus fully “legalizing” their activities. In fact, the “violence-managing agencies” in the space of a very few years came to fill a crucial niche in the developing capitalist economy, a niche that does not exist in the West but was created here by the legal vacuum. They provided services absolutely vital for business’s ability to operate. The most important of these were contract enforcement and debt recovery: in the absence of a functioning court system able to render and enforce judgment, businesses had to rely on a “violence-managing agency” to back up their business deals and ensure their partners would respect them. Krysha thus fast came to mean much more than simply “protection.” The groups that insisted on maintaining a predatory approach soon withered away or were eliminated; as the services provided by the kryshy proved both crucial and highly lucrative, competition surged, and only those “organized crime groups” that could move on to the next level survived beyond the very short term.
Already in the very early years who protected a business became a crucial component in the ability to do business; businessmen would not conclude deals with each other before knowing – and verifying – who their respective kryshy were; often the kryshy would meet before the deal was concluded to trade guaranties. Yet in spite of their dynamic approach organized crime groups proved unable to maintain a monopoly on the provision of protection for more than a very short period. After the March 1992 law legalized security agencies, these immediately became major players on the protection market. The law of supply and demand soon improved the position of business, now able to shop around for a krysha rather than be forced to accept the offer of the first group that walked through the door. The ChOPs created by former siloviki had definite advantages over organized crime groups, or even over the ChOPs set up by organized crime groups to provide a legal framework for their activities: ex-KGB or MVD officials, by maintaining contacts and good relations with former colleagues still in official positions, were able to offer a broader range of services to their clients than the unofficial groups. Businesses now expected their krysha to do a great many different things for them: solve problems with the tax authorities or the fire inspection, provide information on competitors, secure loans, and so forth.
Several different types of “violence-managing” agencies thus came to compete on the protection market. Broadly speaking, by the second half of the 1990s, they fell into five categories:
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Organized crime groups, often operating through one or several ChOPs.
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ChOPs created by former siloviki from the KGB, GRU, MVD, or another agency.
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The ChSBs of major corporations, often built up by a former high-level silovik with good contacts within the security bureaucracies.
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Branches of the security bureaucracy legally mandated to provide protection services. The most important is the MVD’s OVO, the Department for Extradepartmental Protection, set up in August 1992 on the basis of a pre-existing Soviet structure, which employs 367,000 guards, of which 147,000 are policemen. OVO’s capability not just to guard offices, factories or sites but to provide a broad range of administrative “services” make it a major player on the krysha market.
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Branches of the security bureaucracy that provide krysha on an extra-legal, privatized basis. Korzhakov’s SBP is the most famous example. The main player after his fall, whose influence peaked in 1998-2000, was the Moscow RUBOP. The FSB’s DEB (4. Department for Economic Security) has also been an important actor, as well as FAPSI.
A pattern thus emerged which has been analyzed by the Russian sociologist Vadim Radaev: by the end of the 1990s, he argues, one could establish a typology of businesses according to the type of krysha they employ.40 The more powerful or developed a business, the higher in the chain his krysha. Thus, according to Radaev’s data, organized crime groups have been entirely forced out of the high-end market by their more powerful official competitors, and mostly only provide krysha for vulnerable small businesses. Medium-sized businesses such as regional privatized state enterprises will frequently have good links to the local authorities and will work with an institution such as OVO for their protection needs. Private conglomerates or the biggest state enterprises will have their own ChSB, and often in addition will be able to call upon a branch of a major security agency, on a private basis, in case of need (Gusinsky’s recourse to RUBOP and the Moscow UFSB in December 1994 is a good example).
All the security organs of the Russian Federation are now, to some extent, involved in the krysha market, whether officially or not. The FSB, we will see further, has set up a body to coordinate its relationship to the major ChOPs born out of the organs. Though the “Wild West” climate of the early 1990s is over, the notion of krysha, and of the correlative economic interests of the security structures, must still consistently be taken into account when attempting to analyze their actions.
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