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Capture of Bankruptcy: Theory and Evidence from Russia

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  • Lambert-Mogiliansky, Ariane
  • Sonin, Konstantin
  • Zhuravskaya, Ekaterina

Abstract

Laws that work well in a rule-of-law country may produce unexpected outcomes in a corrupt environment. We argue that the legal system in Russia is faulted by the capture of regional divisions of arbitrage courts. We analyse the consequences of this for the efficiency of Russian bankruptcy law. Using a theoretical model and a systematic analysis of available evidence, we conclude the following: First, the governors in alliance with managers of large regional enterprises use bankruptcy institution as a mechanism for effective expropriation of the federal government and the outside investors. And second, the bankruptcy law does not create pressure on managers to restructure; instead, it may even prevent restructuring.

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Bibliographic Info

Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 2488.

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Date of creation: Jun 2000
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Handle: RePEc:cpr:ceprdp:2488

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Related research

Keywords: Bankruptcy; Capture; Incentives; Regional Governments; Restructuring; Russia; Transition;

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References

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  1. Aghion, P. & Hart, O. & Moore, J., 1992. "The Economics of Bankruptcy Reform," Working papers 92-11, Massachusetts Institute of Technology (MIT), Department of Economics.
  2. Simon Johnson & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2000. "Tunnelling," NBER Working Papers 7523, National Bureau of Economic Research, Inc.
  3. Roland, Gérard & Verdier, Thierry, 1997. "Transition and the Output Fall," CEPR Discussion Papers 1636, C.E.P.R. Discussion Papers.
  4. Clifford Gaddy & Barry W. Ickes, 1998. "To Restructure or Not to Restructure: Informal Activities and Enterprise Behavior in Transition," William Davidson Institute Working Papers Series 134, William Davidson Institute at the University of Michigan.
  5. Shleifer, Andrei & Vishny, Robert W, 1994. "Politicians and Firms," The Quarterly Journal of Economics, MIT Press, vol. 109(4), pages 995-1025, November.
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