Современные теоретические подходы к анализу эксклюзивных соглашений и законодательные нормы их регулирования
The article argues the undesirability of introducing recently proposed changes in the regime of vertical restrictions regulation in Russia. They are similar to the changes, which were introduced in the United States by Robinson – Patman (1936) and Miller – Tydings (1937) Acts. But at the same time these new rules stand in sharp contrast to modern practice of antimonopoly regulation in the USA and the EC countries. At the moment even the most extreme types of vertical restrictions – the exclusive contracts that prohibit selling goods or acquiring them from any but the contracted side – are not automatically condemned as per se illegal. The softening of the regime of regulation was due to the recognition that vertical agreements should not be considered along the horizontal interactions only. The underlying motivation for their introduction can be much wider and may have nothing common with the foreclosure reasons. The article provides an overview of modern institutional theoretical approaches that could potentially be used in the analysis of exclusive agreements (and vertical restraints in general). It is not just the traditional analysis of the exclusive dealing through the lens of investment fostering, but also the considerations based on the multitask moral hazard theory, the «reference point» approach [Hart and Moor 2008] and vertical integration theory of Baker, Gibbons and Murthy.
The article is devoted to the analysis of the phenomenon of local self-governing, with a new institutional theory being the basis of the analysis. The article analyses the institutional costs of local authorities in small towns and regions when they perform their functions. These costs are, in most cases, unproductive, which make the work of the municipal governments worse. The author introduces a new term "unproductive institutional costs" and proposes their genetics classification.
The question was raised about methods of empirical verification for various technologies of strategic planning on the local level. The preliminary results of the case studies were examined that described the long-term consequences of strategic planning on the municipal level. The strong connection between the influence of the strategic plan on socio-economic development and the stability of the authority was shown.
Local government reform has changed the administrative-territorial structure of the country. Revolutionary change was noticed neither nationals nor the state. The reform of local government came a new reality. Must be closely monitored and the study of this new reality. Need to send a description of the already existing diversity of social, economic and territorial forms of social organization. Our lives can not squeeze into the norms of the existing laws. We certainly seem inadequate attempts to develop a standardized system of local government by the capital experts. They know about the local government only that it is somewhere abroad. There can not be a uniform system of local government for the vast country. we should not neglect the geographical, ethnic, political, cultural and economic diversity of life in the towns and villages of the Russian Federation.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.