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

Author

Listed:
  • 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.

Suggested Citation

  • Kryuchkova, P. & Avdasheva, S., 2012. "Public and Private Enforcement of Law under the High Risk of Type I Errors: the Russian Case," Journal of the New Economic Association, New Economic Association, vol. 15(3), pages 114-140.
  • Handle: RePEc:nea:journl:y:2012:i:15:p:114-140
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    References listed on IDEAS

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    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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 225-250, April.
    6. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, Elsevier.
    7. 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.
    8. 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).
    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. 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 427-447, June.
    11. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    12. Steven Shavell, 2003. "Economic Analysis of Litigation and the Legal Process," NBER Working Papers 9697, National Bureau of Economic Research, Inc.
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    Citations

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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.

    More about this item

    Keywords

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

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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