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Capture of Bankruptcy: Theory and Evidence from Russia

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

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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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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  1. Simon Johnson & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2000. "Tunnelling," NBER Working Papers 7523, National Bureau of Economic Research, Inc.
  2. 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.
  3. Shleifer, Andrei & Vishny, Robert W, 1994. "Politicians and Firms," The Quarterly Journal of Economics, MIT Press, vol. 109(4), pages 995-1025, November.
  4. Aghion, Philippe & Hart, Oliver & Moore, John, 1992. "The Economics of Bankruptcy Reform," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(3), pages 523-46, October.
  5. Roland, G. & Verdier, T., 1997. "Transition and the Output Fall," DELTA Working Papers 97-09, DELTA (Ecole normale supérieure).
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