The Rule of Law and Economic Reform in Russia

Верховенство права и экономическая реформа в России
Jeffery Sachs
2019-05-20

commercial law reformcrime and corruptioneconomic reformmass privatizationrule of law
What impact has Russia's chosen path of reform had on the development of law after the collapse of the communist regime? This collection of essays examines how Russia's distinctive traditions of law – and lawlessness – are shaping the current struggle for economic reform in the country. Nine renowned scholars, chosen from specialties in history, political science, law, and economics, expertly address the question.By drawing on the experiences of other transition countries and of developed market economies within the context of Russian history, these essays put Russia's transition since 1991 into clearer perspective. This book compares Russia's legal tradition with the Western legal tradition; distinguishes Russia's progress in commercial law reform from that of other transition countries; and explores the politics of government as well as inside enterprises surrounding corporate law reform in prerevolutionary Russia, during perestroika, and during Russia's ambitious mass privatization program.Using comparative data, the authors assess the impact on economic reform programs of highly centralized presidential constitutions versus parliamentary constitutions. The enormous challenge posed by mounting crime and corruption is analyzed, and the economic causes and possible remedies are discussed. As statutory law reform is only one element in legal reform, the book also explores the functioning of legal institutions, including the police, other public security forces, and private dispute settlement institutions. Jeffrey Sachs and Katharina Pistor provide a wide range of factual evidence and interpretations, which will greatly enhance the debate about Russia's path toward economic and legal reform.
1
Comparative evidence examines how centralized presidential systems versus parliamentary constitutions affect economic reform programs.
2
Corporate-law reform was influenced by governmental and enterprise-level politics across prerevolutionary Russia, perestroika, and mass privatization.
3
Crime and corruption pose major obstacles to reform, with economic causes and potential remedies requiring analysis beyond statutory legal changes.
4
Effective legal reform depends not only on statutes but also on functioning institutions, including police, public security forces, and private dispute-settlement mechanisms.
5
Russia’s commercial-law reform progressed differently from that of other transition countries, reflecting its specific historical and institutional context.
6
Russia’s post-1991 economic reform path has been shaped by distinctive traditions of both law and lawlessness.

Russia’s post-1991 legal and institutional environment during economic transition

The impact of Russia’s reform path, legal traditions, institutions, crime, and corruption on economic and legal reform

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2019-05-20
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Jeffery Sachs
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