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Capture of Bankruptcy: Theory and Russian Evidence

Author

Listed:
  • Ariane Lambert-Mogiliansky

    (CERAS-ENPC)

  • Konstantin Sonin

    () (New Economic School/CEFIR and CEPR)

  • Ekaterina Zhuravskaya

    () (CEFIR and CEPR)

Abstract

Laws that work well in developed market economies may produce unexpected outcomes in a corrupt environment. The paper argues that the Russian legal system is impaired by the capture of regional arbitration courts and analyzes the consequences of this capture for functioning of bankruptcy institution in the late 1990s. A model of strategic interaction among main stakeholders generates the following results. First, governors and managers of large regional enterprises colluded to use bankruptcy procedure as a mechanism of expropriation of the federal government’s revenues and claims of outside investors. Second, the bankruptcy law did not put pressure on managers to restructure; instead, the law could have prevented restructuring even when managers wanted to do so. Empirical analysis substantiates the theoretical findings and shows that regional political factors were important in explaining implementation of the 1998 Russia’s bankruptcy law.

Suggested Citation

  • Ariane Lambert-Mogiliansky & Konstantin Sonin & Ekaterina Zhuravskaya, 2003. "Capture of Bankruptcy: Theory and Russian Evidence," Working Papers w0038, Center for Economic and Financial Research (CEFIR).
  • Handle: RePEc:cfr:cefirw:w0038
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    References listed on IDEAS

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    Citations

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    Cited by:

    1. Tuuli Juurikkala & Olga Lazareva, 2006. "Non-wage benefits, costs of turnover, and labor attachment: evidence from Russian firms," Working Papers w0062, Center for Economic and Financial Research (CEFIR).
    2. Simeon Djankov & Oliver Hart & Caralee McLiesh & Andrei Shleifer, 2008. "Debt Enforcement around the World," Journal of Political Economy, University of Chicago Press, vol. 116(6), pages 1105-1149, December.
    3. Dilip Mookherjee & Pranab Bardhan, 2005. "Decentralization, Corruption And Government Accountability: An Overview," Boston University - Department of Economics - Working Papers Series WP2005-023, Boston University - Department of Economics, revised Jun 2005.
    4. Leonid POLISHCHUK, 2008. "Misuse of Institutions: Patterns and Causes," The Journal of Comparative Economic Studies (JCES), The Japanese Society for Comparative Economic Studies (JSCES), vol. 4, pages 57-80, December.
    5. Irina Slinko & Ekaterina Zhuravskaya & Evgeny Yakovlev, 2005. "Laws for Sale: Evidence from Russia," American Law and Economics Review, Oxford University Press, vol. 7(1), pages 284-318.
    6. Zakolyukina Anastasia, 2006. "Bankrtuptcy in Russia: External Management Performance," EERC Working Paper Series 06-09e, EERC Research Network, Russia and CIS.
    7. Ponomareva, Maria & Zhuravskaya, Ekaterina, 2004. "Federal Tax Arrears in Russia: Liquidity Problems, Federal Redistribution or Russian Resistance?," CEPR Discussion Papers 4267, C.E.P.R. Discussion Papers.
    8. Pertti Haaparanta & Tuuli Juurikkala & Olga Lazareva & Jukka Pirttila & Laura Solanko & Ekaterina Zhuravskaya, 2003. "Firms And Public Service Provision In Russia," Working Papers w0041, Center for Economic and Financial Research (CEFIR).
    9. Sonin Konstantin, 2004. "Private interest in public tenders: no revenue, no efficiency and no social benefits," EERC Working Paper Series 00-111e, EERC Research Network, Russia and CIS.
    10. Tuuli Juurikkala & Olga Lazareva, 2004. "To Divest or not to Divest? Social Assets in Russian Firms," ERSA conference papers ersa04p637, European Regional Science Association.

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