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Public and Private Enforcement of Law under the High Risk of Type I Errors: the Russian Case

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  • Kryuchkova, P.

    (National Research University - Higher School of Economics, Institute of Industrial and Market Studies, Moscow, Russia)

  • Avdasheva, S.

    (National Research University - Higher School of Economics, Institute of Industrial and Market Studies, Moscow, Russia)

Abstract

The authors explain comparative advantages of public enforcement of legislation by public authority by means of control and supervision, on the one hand, and private enforcement, on the other hand, in consumer protection law, labor law and antitrust law in Russia. Along with private and "pure" public enforcement we analyze selective public enforcement as a specific enforcement model. Selective public enforcement may be individually preferable in comparison with private enforcement, but the use of this model in certain circumstances decreases deterrence effect due to an increase of the probability of Type I errors (punishment of the innocents) and underperforms both private and "pure" public enforcement.

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Bibliographic Info

Article provided by New Economic Association in its journal Journal of the New Economic Association.

Volume (Year): 15 (2012)
Issue (Month): 3 ()
Pages: 114-140

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Handle: RePEc:nea:journl:y:2012:i:15:p:114-140

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Keywords: public; private and "selective public" enforcement; type I errors; deterrence; consumer protection law; labor law; antitrust law;

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References

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  1. Steven Shavell, 2003. "Economic Analysis of Litigation and the Legal Process," NBER Working Papers 9697, National Bureau of Economic Research, Inc.
  2. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
  3. Hughes, James W & Snyder, Edward A, 1995. "Litigation and Settlement under the English and American Rules: Theory and Evidence," Journal of Law and Economics, University of Chicago Press, vol. 38(1), pages 225-50, April.
  4. Gary S. Becker & George J. Stigler, 1974. "Law Enforcement, Malfeasance, and Compensation of Enforcers," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 1-18, January.
  5. Shastitko, A., 2011. "Errors of I and II Types in Economic Exchanges with Third Party Enforcement," Journal of the New Economic Association, New Economic Association, issue 10, pages 125-148.
  6. A. Mitchell Polinsky & Steven Shavell, 2005. "The Theory of Public Enforcement of Law," NBER Working Papers 11780, National Bureau of Economic Research, Inc.
  7. Kahan, Marcel, 1989. "Causation and Incentives to Take Care under the Negligence Rule," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 427-47, June.
  8. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-95, September.
  9. Craswell, Richard & Calfee, John E, 1986. "Deterrence and Uncertain Legal Standards," Journal of Law, Economics and Organization, Oxford University Press, vol. 2(2), pages 279-303, Fall.
  10. Jackson, Howell E. & Roe, Mark J., 2009. "Public and private enforcement of securities laws: Resource-based evidence," Journal of Financial Economics, Elsevier, vol. 93(2), pages 207-238, August.
  11. Hay, Jonathan R & Shleifer, Andrei, 1998. "Private Enforcement of Public Laws: A Theory of Legal Reform," American Economic Review, American Economic Association, vol. 88(2), pages 398-403, May.
  12. David Weil, 2005. "Public enforcement/private monitoring: Evaluating a new approach to regulating the minimum wage," Industrial and Labor Relations Review, ILR Review, Cornell University, ILR School, vol. 58(2), pages 238-257, January.
  13. R. Preston McAfee & Hugo Mialon & Sue Mialon, 2005. "Private Versus Public Antitrust Enforcement: A Strategic Analysis," Emory Economics 0523, Department of Economics, Emory University (Atlanta).
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Cited by:
  1. Golovanova, S., 2013. "Competition Restriction Problem in the Markets Linked to the Markets of Essential Facilities," Journal of the New Economic Association, New Economic Association, vol. 20(4), pages 110-132.

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