Перераспределение государственной и муниципальной собственности: правовые проблемы и тенденции развития законодательства
The article analyzes a new way for the Russian law and order to transfer public property from one level to another in the form of redistribution. The author analyzes the principles, grounds and order of redistribution. Special attention is paid to the legal nature of redistribution, the issues of the ratio of public and private law in redistribution are investigated.
This paper develops a strategy for investigating the new institutionalism in economic sociology. An analytical scheme is proposed to link institutional arrangements, structure of incentives, and conceptions of control. Questions regarding the legitimacy of claims on resources and profits, contract enforcements, and business networking are discussed on the theoretical level.
Secure property rights are central to economic development and stable government, yet difficult to create. Relying on surveys in Russia from 2000 to 2012, Timothy Frye examines how political power, institutions, and norms shape property rights for firms. Through a series of simple survey experiments, Property Rights and Property Wrongs explores how political power, personal connections, elections, concerns for reputation, legal facts, and social norms influence property rights disputes from hostile corporate takeovers to debt collection to renationalization. This work argues that property rights in Russia are better seen as an evolving bargain between rulers and rightholders than as simply a reflection of economic transition, Russian culture, or a weak state. The result is a nuanced view of the political economy of Russia that contributes to central debates in economic development, comparative politics, and legal studies.
The chapter of the book systematically examine various effects of resource curse in such arenas as rule of law and property rights in Russia in comparison with the other oil-and-gas exporting countries beginning from the XXI century.
Effective property rights protection plays a fundamental role in promoting economic performance. Yet measurement problems make the relationship between property rights and entrepreneurship an ambiguous issue. As an advancement on previous research in this paper we propose a new approach to the evaluation of the security of property rights based on direct measures that overcomes some limitations of previous studies. We apply this new metrics to a survey of manufacturing firms in Russia to identify the economic effects associated with the lack of property protection in a transition economy. Our analysis supports the view that there is a close relationship between institutions, property rights and economic growth. Our findings confirm that redistributive risks provide a depressing effect on investment and innovative activity of manufacturing enterprises and potentially result in a huge loss in efficiency and economic growth, which in other institutional settings could have been avoided.
The 1986 article by Grossman and Hart, “A Theory of Vertical and Lateral Integration,” has provided a framework for understanding how firm boundaries are defined and how they affect economic performance. The property rights approach has provided a formal way to introduce incomplete contracting ideas into economic modelling. This book collects papers and opinion pieces on the impact that this property right approach to the firm has had on the economics profession. It shows that the impact has been felt sometimes in significant ways in a variety of fields, ranging from the theory of the firm and its internal organization to industrial organization, international trade, finance, management, public economy, and political economy and political science. Beyond acknowledging how the property rights approach has permeated economics as a whole, the contributions also highlight the road ahead, showing how the paradigm may change the way research is performed in some fields, and what type of research is still missing. The book concludes with a discussion of the foundations of the property rights and more generally the incomplete contracting approaches to the firm and with a series of contributions showing how behavioral considerations may provide a new way forward.
The book presents a political and economic analysis of the the last decades, in the center of which there is a role five "I" - ideas, interests, a historical path, institutions and illusions. Russian economic reforms are a complex of processes, including both forward and back movements and associated not only with the actions of political leaders, but also with objective circumstances. During the reforms there is a mutual influence of new radical ideas, driven by intellectual and political elites, interests that are defended by different groups of influence, and institutions (rules of the game) arising under the influence of these ideas and interests. Key interest groups, in turn, form not accidentally, but under the influence of the specific historical path of the countries. Finally, economic development is seriously influenced by illusions experienced by a society that is not satisfied with the ways of economic development and the dynamics of real incomes.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/