The former republican procurator Florid Baikov resigned in December 2003, citing health reasons. In January Moscow offered Rakhimov three choices as part of the consultation process in picking a successor: Bryansk Oblast Deputy Procurator Aleksandr Stupak, Altai Krai Deputy Procurator Nikolai Popov, and Astrakhan Oblast Deputy Procurator Igor Korovin. However, Rakhimov would prefer to have one of his own allies in the position, namely Ramil Iskuzhin, the deputy Bashkortostan procurator whom Rakhimov appointed as acting procurator in December.

Although Rakhimov does not like any of the choices that Russian General Procurator Ustinov offered him, he did not want to enter into a direct conflict with Ustinov. Therefore Rakhimov had the republican parliament, which he controls, reject the three federal choices. The republican constitution gives the legislature the right to issue a veto on the procurator's appointment. In this way, Rakhimov and the republican legislature made it clear that they would not accept any candidates from outside the republic. Marat Kharisov, the chairman of the committee on legislation, state building and judicial issues, argued that the three candidates "are not familiar with the situation in the republic and do not have the necessary knowledge about its legislative system." He warned that appointing an outsider to this position would reduce the quality of the procurator's work (news.nashbryansk.ru/article/6697). Of course, if only local candidates are acceptable for the job, then Rakhimov rather than the general procurator would have the upper hand in making the appointment. Rejecting a candidate simply because he is not from Bashkortostan significantly restricts the federal government's power in making appointments to federal positions, but it does not formally violate the Russian constitution.

According to article 129.3 of the Russian constitution, the general procurator appoints regional procurators with the approval of the regions. On one hand, the basic law shows that Russia is a federal state, on the other, it makes clear that the procurator is a clear hierarchy, with lower procurators subordinate to higher procurators and ultimately the general procurator. However, the Bashkortostani authorities have used these contradictions in the constitution to prevent the federal government from controlling this office. The republican constitution adopted on 24 December 1993 declared that the republic appointed and removed the procurator without any federal participation. Only in November 2000 did the federal government succeed in forcing the republic to amend the constitution so that its role was only approving the procurator's nomination.

The republican authorities sought to control the procurator in practical deeds as well. In 1995, after the general procurator appointed deputy procurator of Ulyanovsk Oblast Yurii Titov as Bashkortostan's procurator, the republic reappointed him, but this time in line with republican procedures and according to the republican constitution. This was a symbolic act since Titov had already been appointed procurator. But in going through the motions again, the republican authorities let Titov know that his real boss was in the Bashkortostani capital of Ufa rather than in Moscow. When the republican authorities came into conflict with Titov, they were able to secure his removal by gathering pictures of him with prostitutes, just as the federal government had also obtained pictures of the opposition minded procurator general Yurii Skuratov. The fact that the republican authorities went to such lengths to control the republican procurator, ranging from using the text of the republican constitution to political blackmail, show how important they believe it is to be sure that the republican procurator is subordinate to republican interests.

After Putin took office at the beginning of 2000 and began his policy of strengthening federal control over the regions, Bashkortostani authorities twice were able to appoint their choice as republican procurator. The first appointee was Yavdat Turumtaev, who had served as deputy to Titov and replaced him in spring 2000. Following Turumtaev's departure, the procurator was Baikov, serving from May 2002 to December 2003. He had earlier been the deputy republican procurator and held the special trust of Rakhimov.

Today, by blocking the appointment of a new procurator in Bashkortostan, the local authorities are disrupting the federal government's plan to rotate procurators from region to region so that they are not beholden to local interests. The federal plans directly contradict the Bashkortostani objectives. Regional leaders naturally want the ability to control the law enforcement agents in their region by appointing and removing them. The federal government instead seeks direct vertical control.

At the moment, it is not clear which side will prevail. The federal authorities are acting carefully. Like Rakhimov they have also appointed an acting procurator in the republic in the person of Mikhail Zelepukin, 38, the procurator of the city of Balakovo in Saratov oblast. He is new on the job and studying the situation in the republic. Most likely, future developments in this conflict will depend on his actions. - Igor Rabinovich in Ufa

Source: Russian Regional Report