IDEAS home Printed from https://ideas.repec.org/a/rnp/ecopol/ep1553.html
   My bibliography  Save this article

Community of Attorneys and the Quality of Law Enforcement in Russia
[Адвокатское Сообщество И Качество Правоприменения В России]

Author

Listed:
  • Kazun, Anton (Казун, Антон)

    (National Research University Higher School of Economics)

  • Yakovlev, Andrei (Яковлев, Андрей)

    (National Research University Higher School of Economics)

Abstract

In the past 10 years Russia has undertaken several attempts at reforming its law enforcement and judicial system, which, unfortunately, had little effect. One of the reasons lies in a lack of “feedback mechanisms” and a shortage of reliable information on the processes going on inside law enforcement agencies. The heavy-handed system of reporting (so called “palochnaya sistema”) not only impedes the obtaining of complete data on possible problems within the law enforcement system, but often motivates law enforcement officers to tamper with data and breach laws. In this article, we will show that from the theoretical point of view the recent tendencies in the Russian law enforcement system can be described as dominance of the “logic of discipline,” using the terms of Michel Foucault. We will consider the tools for external evaluation of law enforcement bodies’ performance using the data of the survey of 3317 attorneys in 35 Russian regions and the information on entrepreneurs’ complaints against corporate raiding filed with the Center of Public Procedures “Business against Corruption.” We will show that such indicators help identify “trouble zones” — regions and agencies where the current situation is more unfavorable than elsewhere. Therefore, external comparative evaluations of the quality of the law enforcement system could significantly enhance the information on existing problems in law enforcement available to the authorities and the public. In addition, by creating such a highly demanded public analytical product the lawyer corporation and business associations could achieve greater recognition from society and powers-that-be. Key words: lawyers, entrepreneurs, government regulation, government control, public services quality evaluation mechanisms, heavy-handed system of reporting, law enforcement system, corporate raiding, judicial system.

Suggested Citation

  • Kazun, Anton (Казун, Антон) & Yakovlev, Andrei (Яковлев, Андрей), 2015. "Community of Attorneys and the Quality of Law Enforcement in Russia [Адвокатское Сообщество И Качество Правоприменения В России]," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 5, pages 7-37.
  • Handle: RePEc:rnp:ecopol:ep1553
    as

    Download full text from publisher

    File URL: https://repec.ranepa.ru/rnp/ecopol/ep1553.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Kollias, Christos & Mylonidis, Nikolaos & Paleologou, Suzanna-Maria, 2013. "Crime and the effectiveness of public order spending in Greece: Policy implications of some persistent findings," Journal of Policy Modeling, Elsevier, vol. 35(1), pages 121-133.
    2. Andrei Yakovlev & Anton Sobolev & Anton Kazun, 2014. "Means of production versus means of coercion: can Russian business limit the violence of a predatory state?," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 171-194, May.
    3. Drake, Leigh M. & Simper, Richard, 2003. "An evaluation in the choice of inputs and outputs in the efficiency measurement of police forces," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 32(6), pages 701-710, December.
    4. Doner, Richard F. & Schneider, Ben Ross, 2000. "Business Associations and Economic Development: Why Some Associations Contribute More Than Others," Business and Politics, Cambridge University Press, vol. 2(3), pages 261-288, November.
    5. A. Yakovlev., 2012. "How to Reduce Violent Pressure on Business in Russia?," VOPROSY ECONOMIKI, N.P. Redaktsiya zhurnala "Voprosy Economiki", vol. 11.
    6. Michael Rochlitz, 2014. "Corporate raiding and the role of the state in Russia," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 89-114, May.
    7. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2013. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9781107646995.
    8. Doner Richard F. & Schneider Ben Ross, 2000. "Business Associations and Economic Development: Why Some Associations Contribute More Than Others," Business and Politics, De Gruyter, vol. 2(3), pages 1-29, December.
    9. Ella Paneyakh, 2014. "Faking performance together: systems of performance evaluation in Russian enforcement agencies and production of bias and privilege," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 115-136, May.
    10. Sonin, Konstantin, 2003. "Why the rich may favor poor protection of property rights," Journal of Comparative Economics, Elsevier, vol. 31(4), pages 715-731, December.
    11. Leonid Polishchuk & Alexei Savvateev, 2004. "Spontaneous (non)emergence of property rights," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 12(1), pages 103-127, March.
    12. Drake, Leigh M. & Simper, Richard, 2005. "Police Efficiency in Offences Cleared: An Analysis of English "Basic Command Units"," International Review of Law and Economics, Elsevier, vol. 25(2), pages 186-208, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Michael Rochlitz, 2016. "Collective Action Abroad: How Foreign Investors Organize Evidence from Foreign Business Associations In the Russian Federation," HSE Working papers WP BRP 32/PS/2016, National Research University Higher School of Economics.
    2. Yakovlev, Andrei, 2016. "What is Russia trying to defend?," BOFIT Policy Briefs 2/2016, Bank of Finland Institute for Emerging Economies (BOFIT).
    3. Carsten Herrmann-Pillath, 2019. "Power, ideas and culture in the ‘longue durée’ of institutional evolution: theory and application on the revolutions of property rights in Russia," Journal of Evolutionary Economics, Springer, vol. 29(5), pages 1483-1506, November.
    4. Anton P. Kazun & Andrei A. Yakovlev, 2014. "Who Demands Collective Action In An Imperfect Institutional Environment? A Case-Study Of The Professional Community Of Attorneys In Russia," HSE Working papers WP BRP 54/SOC/2014, National Research University Higher School of Economics.
    5. Yakovlev, Andrei, 2016. "What is Russia trying to defend?," Russian Journal of Economics, Elsevier, vol. 2(2), pages 146-161.
    6. Alexander M. Yarkin, 2014. "Endogenous Property Rights, Conflict Intensity And Inequality In Asymmetric Rent-Seeking Contest," HSE Working papers WP BRP 72/EC/2014, National Research University Higher School of Economics.
    7. Kapeliushnikov, Rostislav & Kuznetsov, Andrei & Demina, Natalia & Kuznetsova, Olga, 2013. "Threats to security of property rights in a transition economy: An empirical perspective," Journal of Comparative Economics, Elsevier, vol. 41(1), pages 245-264.
    8. Pyle, William, 2006. "Resolutions, recoveries and relationships: The evolution of payment disputes in Central and Eastern Europe," Journal of Comparative Economics, Elsevier, vol. 34(2), pages 317-337, June.
    9. Oznur Ozdamar & Eleftherios Giovanis & Sahizer Samuk, 2020. "State business relations and the dynamics of job flows in Egypt and Turkey," Eurasian Business Review, Springer;Eurasia Business and Economics Society, vol. 10(4), pages 519-558, December.
    10. Shao, Yan & Sun, Lingxia, 2021. "Entrepreneurs’ social capital and venture capital financing," Journal of Business Research, Elsevier, vol. 136(C), pages 499-512.
    11. Jeffrey B. Nugent & Grigor. Sukiassyan, 2009. "Alternative Strategies For Firms In Oppressive And Corrupt States: Informality Or Formality Via Business Associations?," Contemporary Economic Policy, Western Economic Association International, vol. 27(4), pages 423-439, October.
    12. Owolabi, Oluwarotimi & Pal, Sarmistha, 2011. "The Value of Business Networks in Emerging Economies: An Analysis of Firms' External Financing Opportunities," IZA Discussion Papers 5738, Institute of Labor Economics (IZA).
    13. Kathuria, Vinish & Natarajan, Rajesh Raj & Sen, Kunal, 2010. "Does the institution of State Business Relations matter for Firm Performance? – A study of Indian Manufacturing," MPRA Paper 23053, University Library of Munich, Germany.
    14. Abdel-Latif Abla & Schmitz Hubert, 2010. "Growth Alliances: Insights from Egypt," Business and Politics, De Gruyter, vol. 12(4), pages 1-29, December.
    15. Neba Bhalla & Rakesh Kumar Sharma & Inderjit Kaur, 2023. "Effect of Goods and Service Tax System on Business Performance of Micro, Small and Medium Enterprises," SAGE Open, , vol. 13(2), pages 21582440231, June.
    16. Karla Hoff & Joseph E. Stiglitz, 2004. "After the Big Bang? Obstacles to the Emergence of the Rule of Law in Post-Communist Societies," American Economic Review, American Economic Association, vol. 94(3), pages 753-763, June.
    17. Scandura, Alessandra & Bolzani, Daniela, 2020. "The Role of Collaboration Networks for Innovation in Immigrant-Owned New Technology-Based Firms," Department of Economics and Statistics Cognetti de Martiis LEI & BRICK - Laboratory of Economics of Innovation "Franco Momigliano", Bureau of Research in Innovation, Complexity and Knowledge, Collegio 202004, University of Turin.
    18. Natkhov, T. & Polishchuk, L., 2017. "Political Economy of Institutions and Development: The Importance of Being Inclusive. Reflection on "Why Nations Fail" by D. Acemoglu and J. Robinson. Part I. Institutions and Economic Devel," Journal of the New Economic Association, New Economic Association, vol. 34(2), pages 12-38.
    19. William Pyle, 2006. "Collective action and post-communist enterprise: The economic logic of Russia's business associations," Europe-Asia Studies, Taylor & Francis Journals, vol. 58(4), pages 491-521.
    20. Vasilyeva Olga & Nye John V.C., 2013. "In imperfect democracies, does political competition always improve the provision of public goods?," EERC Working Paper Series 13/09e, EERC Research Network, Russia and CIS.

    More about this item

    Keywords

    lawyers; entrepreneurs; government regulation; government control; public services quality evaluation mechanisms; heavy-handed system of reporting; law enforcement system; corporate raiding; judicial system.;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L84 - Industrial Organization - - Industry Studies: Services - - - Personal, Professional, and Business Services
    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rnp:ecopol:ep1553. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: RANEPA maintainer (email available below). General contact details of provider: https://edirc.repec.org/data/aneeeru.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.