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Corruption and Commercial Courts in Russia: A reply to Kathryn Hendley and Peter Murrell (2014)

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  • Gustafsson Kurki, Pär

    (Swedish Defence Research Agency - FOI)

Abstract

This is a response to Kathryn Hendley and Peter Murrell’s criticism of “The emergence of the rule of law in Russia”, Global Crime, Vol.14, No.1, 2013. In that paper, I challenge the main claim in Kathryn Hendley, Peter Murrell, and Randi Ryterman’s “Law, Relationships, and Private Enforcement: Transactional Strategies of Russian Enterprises” in Europe-Asia Studies, Vol.52, No.4, 2000. Hendley, Murrell, and Ryterman claim that economic actors in Russia relied on the law and commercial courts because the latter were relatively effective. I argue that, in the late 1990s, economic actors trusted the commercial courts because they believed that they could influence the judicial outcome with bribes. In their reply, Hendley and Murrell (2014) conclude that Gustafsson (2013) cannot teach us anything about Russia or about their own work. In this paper: I defend my assessment of the commercial courts and discuss the influence of widespread corruption in the Russia of the 1990s. I also argue that their favourable view of Russian law and legal institutions is based on a sample that is marked by a serious error. This means that their conclusion about my work is an opinion rather than a verified fact.

Suggested Citation

  • Gustafsson Kurki, Pär, 2025. "Corruption and Commercial Courts in Russia: A reply to Kathryn Hendley and Peter Murrell (2014)," SocArXiv juq7g_v1, Center for Open Science.
    • Handle: RePEc:osf:socarx:juq7g_v1
    DOI: 10.31219/osf.io/juq7g_v1
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    References listed on IDEAS

    as
    1. Frye, Timothy & Zhuravskaya, Ekaterina, 2000. "Rackets, Regulation, and the Rule of Law," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 478-502, October.
    2. Rostowski, J., 1993. "The inter-enterprise debt explosion in the former Soviet Union: causes, consequences, cures," LSE Research Online Documents on Economics 20968, London School of Economics and Political Science, LSE Library.
    3. J Rostowski, 1993. "The Inter-Enterprise Debt Explosion in the Former Soviet Union: Causes, Consequences, Cures," CEP Discussion Papers dp0142, Centre for Economic Performance, LSE.
    4. Varese, Federico, 2001. "The Russian Mafia: Private Protection in a New Market Economy," OUP Catalogue, Oxford University Press, number 9780198297369, Decembrie.
    5. Kathryn Hendley & Peter Murrell & Randi Ryterman, 2000. "Law, Relationships and Private Enforcement: Transactional Strategies of Russian Enterprises," Europe-Asia Studies, Taylor & Francis Journals, vol. 52(4), pages 627-656.
    6. Vadim Volkov, 1999. "Violent Entrepreneurship in Post-Communist Russia," Europe-Asia Studies, Taylor & Francis Journals, vol. 51(5), pages 741-754.
    7. Silvio Borner & Aymo Brunetti & Beatrice Weder, 1995. "Political Credibility and Economic Development," Palgrave Macmillan Books, Palgrave Macmillan, number 978-1-349-24049-4.
    8. Pär Gustafsson, 2013. "The emergence of the rule of law in Russia," Global Crime, Taylor & Francis Journals, vol. 14(1), pages 82-109, February.
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