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Law and Economics in Russian Law
P. 55–69.
This paper studies the development of economic analysis of law in Soviet and Russian law, and a number of factors influencing this development. In Soviet law, the influence of economics on law was theoretically conceived in terms of Marxist dialectics of basis and superstructure. When Russia left the USSR in 1991, judges had to evaluate whether application of Soviet legal rules would make sense or whether there were compelling economic reasons to decide cases otherwise. The privatization and other economic reforms of Yeltsin’s Government were carried out with the help of rather inconclusive and inefficient legislation. In the 2000s, the economic analysis of law gained momentum in Russian law: an entire branch of the judiciary (commercial or arbitration courts) supported its application. After the Higher Commercial (Arbitrazh) Court was disbanded in 2014, Russian law is becoming formalistic again; references to economic analysis of law are rare both in case law and in legal scholarship. The author explains this development in the prism of the governmental centralization policies which imply that judges shall be guided only by the sovereign (state) will, without attempting to reinterpret or cast doubts on this will from the standpoint of economic rationality or from other standpoints.
Novikova O., Контуры глобальных трансформаций: политика, экономика, право 2024 Т. 17 № 2 С. 103–120
In this article, we identify two recent stages in the evolution of the legal form of multinational enterprises (MNEs): the rise of offshore empires by the late 20th century and the emergence of neo-MNEs in the past decade. We examine the gradual shift in parameters linked to the economic substance unity of MNEs (Part 1) ...
Added: April 18, 2026
Galperin M., Вестник гражданского процесса 2026 Т. 16 № 1 С. 45–60
The article analyzes the economic and legal factors influencing the willingness of the parties to enforcement proceedings to conclude amicable agreements in practice. The author states that the efforts of the legislator to expand the forms of reconciliation in legal proceedings, including at the stage of enforcement, have not yet been successful due to the ...
Added: April 1, 2026
Kapyrina N., Журнал Суда по интеллектуальным правам 2023 Т. 1 № 39 С. 96–119
This paper provides a comparative analysis of legislative and judicial presumptions in the field of copyright and neighbouring rights in France and in Russia. It explores the justifications and use of these legal tools aimed at shifting the burden of proof in such matters as authorship, the right to file a claim against an infringement, ...
Added: February 24, 2026
Тузов Д. О., Sarajevo: Faculty of Law University of East Sarajevo, 2023.
We are honoured to present the Collection of Papers “The Law between Creation and Interpretation”, which is the result of the Scientific Conference held for the eleventh time on the occasion of the Day of the Faculty of Law. At the Conference held in November 2022, 179 authors and co-authors from 20 countries (Russia, Greece, ...
Added: January 31, 2026
Sarajevo: Faculty of Law University of East Sarajevo, 2024.
We present to the scientific public the Proceedings “Legal gaps and the completeness of law”, which is the result of the scientific conference held for the twelfth time on the oc-casion of the Day of the Faculty of Law. At the conference held in October 2023, 206 au-thors and co-authors, from three continents and 23 ...
Added: January 31, 2026
Тузов Д. О., Закон 2025 № 10 С. 36–46
The procedural problem of eadem res („case identity“) was well known to Roman jurisprudence, which formulated the well-known principle bis de eadem re ne sit actio. The phenomenon of eadem res occurred when the claim was based on the same legal or factual premises as the claim filed earlier, so that two claims were turned out ...
Added: January 31, 2026
Galperin M., Закон 2025 № 12 С. 40–53
The author of this article attempts to answer the question: are hopes justified that BRICS will become the „assembly centre“ of a new global legal system that will gain dominance, displacing the Anglo American law? What is Russia’s role in this process? In search of an answer, the author analyses the current concept of legal ...
Added: December 25, 2025
Galperin M., Global Jurist 2026 Vol. 26 No. 1 P. 25–45
This article examines the potential for the BRICS coalition to displace the
Anglo-American legal narrative as the global hegemon. To address this task, it critically
analyzes the concept of legal hegemony, state practice, and international
business customs. The central conclusion is that while BRICS holds the potential for
future legal leadership, there are currently no tangible signs that it ...
Added: December 12, 2025
Galperin M., Kostsov V., Закон 2025 № 4 С. 29–38
The article, using current examples from Russian and international practice, attempts to assess the real economic significance of legal costs, the impact of their regulation not only on the number of new cases coming to court, but also on maintaining law and order in general, creating incentives for lawful behavior, including those in relations between ...
Added: April 28, 2025
Poldnikov D., , in: Law Reforms Around the World: Perspectives from National and International Law.: Abingdon: Routledge, 2023. Ch. 7 P. 108–118.
Codification is believed to be a unique, hard-won and hard-to-be-defended creation of Western European legal culture. Codes became its major export around the civil-law world and still dominate its legal landscape. Yet, codifications outside major civil law jurisdictions may vary considerably.
This article examines the pattern of Russian legal codification. It built on and resembled the ...
Added: October 31, 2023
Antonov M., , in: Exploring Russia’s Exceptionalism in International Politics.: Abingdon: Routledge, 2024. P. 99–112.
This chapter examines the role of human rights as the reference point for concrete-order thinking in Russia’s legal order and the political implications of changes in conceptualization of human rights over the last few decades. This change has had an evident impact on Russian law and on its interplay with the West and its institutions. ...
Added: October 28, 2023
Nektov A., Stepanov, Semyon, Journal of Tort Law 2022 Vol. 15 No. 2 P. 215–267
The article is devoted to the issue of compensation for pure economic losses under Russian law. The category of pure economic losses came into the focus of Russian researchers relatively recently. Currently, the mainstream discussion of Russian scholars on the topic is based on the analysis of foreign cases and arguments related to them. Meanwhile, ...
Added: January 17, 2023
Boldinow J., Журнал конституционного правосудия 2022 № 6 С. 8–15
This article is the commentary on the decision of the Constitutional Court of the Russian Federation dated February 21, 2022 No. 7-P, which is largely devoted to the analysis of the concept of unfair competition and the issues of proportionality of the state response in order to counter this negative phenomenon. It seems that this ...
Added: December 12, 2022
Starun M., Laboratorium. Журнал социальных исследований 2022 Т. 14 № 3 С. 87–118
This article attempts to examine two simultaneous and contradictory aspects of socialist legality – its repression and emancipation. The author examines one particular institution of socialist legality – the comrades' courts at the workplace - in order to discover the interweaving of these two functions of Soviet justice. The argument of the article is that ...
Added: August 26, 2022
Государственный институт экономики, финансов, права и технологий, 2018.
В данном сборнике представлены материалы научных статей и докладов, посвященные изменениям в законодательстве и политике, произошедшим в 2017 году. Редакционная коллегия включила в сборник наиболее актуальные и научно-обоснованные исследования по тематике конференции. Настоящее издание может быть рекомендовано студентам юридических вузов и факультетов, а также всем, кто интересуется проблемами современной юридической науки и практики. Авторы опубликованных ...
Added: September 15, 2021
Springer, 2021.
The purpose of this book series is to publish high quality volumes in the growing field of law and economics research in Europe, from a comprehensive theoretical and practical vantage point. In particular, the series will place great emphasis on foun- dational and theoretical aspects of economic analysis of law and on interdisciplinary approaches in European ...
Added: June 29, 2021
Robinson P., Antonov M., , in: The Justification of War and International Order: From Past to Present.: Oxford: Oxford University Press, 2021. Ch. 22 P. 395–416.
This chapter examines how Russians justify wars in the post-Soviet era. As will be shown, the Russian philosophical tradition developed somewhat differently from that of the West. Neither in Imperial Russia, nor during the Soviet period, did secular writers pay much attention to issues related to the justification of war. Meanwhile the Russian Orthodox Church tended to ...
Added: March 4, 2021
Davydenko D., , in: The Law and Policy of New Eurasian Regionalization. Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space.: Boston: Brill, 2021. Ch. 11 P. 177–194.
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral institution based in Moscow that has a long experience of administering transnational commercial arbitrations. Most frequently disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, ...
Added: February 1, 2021
Antonov M., European Yearbook of Human Rights 2020 P. 529–550
This contribution analyses the features of Russian legal culture that – in the author’s opinion – prevent this culture from acceptance of human rights in their liberal reading. These features are examined through the lenses of the conceptual history. The positivist intellectual tradition of conceptualising law in terms of state power led to the priority ...
Added: December 18, 2020
Hendley K., Law and Policy 2019 Vol. 41 No. 2 P. 147–173
This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is ...
Added: December 7, 2020
Antonov M., Leiden: Brill, 2021.
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based ...
Added: November 20, 2020
Davydenko D., Transnational Dispute Management 2020 Vol. 17 No. 1 P. 1–14
The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral Moscow-based institution with long running experience in administering transnational commercial arbitrations. Most frequently, disputes decided by the ICAC tribunals arise out of commercial contracts of sale of goods, services, works, and lease. This ...
Added: October 30, 2020
Batalova M., Brank L., Dechert on Point 2020
On March 18, 2020, Russia’s Supreme Court and the Counsel of Judges issued Joint Resolution No. 808 to address measures Russian state courts must take to limit the spread of COVID-19.
The Resolution makes reference to the Federal Law on Sanitary and Epidemic Safety, the Federal Law on Protection of the Population and Territory against Extraordinary ...
Added: August 21, 2020
Antonov M., Review of Central and East European Law 2020 Vol. 45 No. 1 P. 161–180
This essay examines methodological nuances connected with historical research of Russian law. These nuances are studied against the backdrop of two books published respectively by Professor Ferdinand Feldbrugge and Professor William Pomeranz on Russian legal history. The methods employed by these authors reveal specific features of Russian legal language and mentality which can be helpful ...
Added: March 31, 2020