Как измерить качество судебных решений? Кейс арбитражных судов
The research proposes an econometric model for assessing the factors, influencing the quality of court decisions, including time judge spends on the case, on the example of cases on antitrust law violations. We use two types of models: the basic binary choice model, where the dependent variable is the quality indicator of the court decision, and the two-step method for evaluating the binary choice probit model with the instrumental variable of the costs of the case consideration in the court of the first instance and the inclusion of such control variables as regional, time and industrial effects. Empirical results are robust among model modifications, the analysis shows that time spent on a case consideration does not influence the quality of decisions judge makes.
e issue of assessing the quality of judicial decisions is particularly relevant for Russia as for a country at a transitional stage of institutional development. e paper analyzes the factors of quality of judicial decisions through antitrust cases in relation to international practice and Russian speci cs. ere is an analysis of the main features that determine the quality of the decisions made by the judges on the basis of a unique database of commercial courts cases. e article notes the high signi cance of the level of specialization and economic competence of judges when considering cases of a certain type. e decision quality factor is based on the minimization of law enforcement errors; and it is determined by such indicators as a fact of appeal, equality of decisions of rst and higher instances, as well as a cumulative number of instances considering a case as a pa- rameter of the quality of the case consideration by the judicial system in general. ere are several groups of parameters a ecting the quality. is research is especially focused on individual characteristics of judges, complexity of the approach required to the analy- sis of a potential violation and sanctions imposed on a party. It is shown that specialized experience of a judge in consideration of cases of a certain type provides rather intensive impact on the decision which will not be canceled by higher instances.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.