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Content of "Rule of Law as Economic Factor"



“Mysl” publishing house, Moscow, 2013


Head of the research project “Rule of Law as the Determining Factor of Economic Development” E. Novikova


Editorial board: A. Fedotov, E, Novikova, A. Rozentzvaig, V. Subbotin



Participants of the monograph thank the Faculty of Law, McGill University (Montreal, Canada), which implements the scientific collaboration in the sphere of legal reforms in Russia, and to Liberal Mission foundation for support in publishing of the monograph.



This book continues the series of studies started by the collective monograph «Rule of Law and Russia. Issues of Implementation, Enforcement and Practice» (2009). Authors study the phenomena of rule of law and its fundamental importance for the improvement of the health of a society and the successful economic development of the society. Some authors conclude that principles of the rule of law have not been realized in Russia to the time, and the luck of any progress in that direction, as nothing else, contributes to further degradation of economical, judicial and public institutions: the free market is deformed by the system of «administrative rent» extraction, corruption grows rapidly, business activity goes down, etc. Authors conclude that further successful economic development of Russia is possible only upon the real enforcement of principles of the rule of law.

For wide range of lawyers, economists, politicians, and specialists in the field of the lawmaking and law enforcement process, the theory of law, and economy.




Foreword (Yasin E.G., Novikova E.V.) 9
Section I
Chapter 1. "Compensating tax" and property rights protection issues (Yavlinsky G.A.) 21
Chapter 2. Elites request on the rule of law (Grigoriev L.M.) 44
Chapter 3. Effects of law setup and enforcement costs (Shastitko A.E.) 61
Chapter 4. Costs of business insecurity in Russia (Subbotin M.A.) 95
Chapter 5. Take away or create? Incentives to use violence in the economy and the factors that may limit it (Yakovlev A.A.) 121
Chapter 6. Model of optimal penalties for crimes in conditions of corruption (Kurdin A.A.) 144
Appendix A: Round table "The rule of law as a determining factor of the economy" (transcript) (Moscow Institute of Contemporary Development, 01/31/2012) 158
E.V. Novikova. Determining the subject and discussion areas in the current legal reality:
the rule of law - target and vector of development
V.I. Radchenko. Criminal law and practice of its implementation as a serious impediment of national economy development 162
L.M. Grigoryev. "Streetcar effect" - do we go to the normal business operation? Reassign
or create new: the role of the elites
A.G. Fedotov. Solution of civilized law order and property rights provision as the main economic problem 170
Y.A. Tikhomirov. About the rise of the alienation of citizens and entire society's layers
from law and public institutions
A.E. Shastitko. On role of standard of proof of violation the rules' facts and on
assumptions of the Law on laws act's adoption
E.N. Salygin. The importance of informal rules, which form informal practice as a
security mechanisms
A.A. Yakovlev. Choice: To make money or to take a cudgel as a scientific dilemma 181
E.G. Yasin. The fundamental question - "the transition to impersonal relations": the introduction and the construction of a legal framework and institutions through dialogue between business and government 190
T.G. Morshchakova. Parity and interaction of the rule of law, government, business,
person with the aim to develop a strategy that allow society to develop
I.A. Novikov. Conditions of state law enforcement as a result of gaps in legal education, absence of institution of independent investigations and expertise, the role of media 197
V.I. Lafitsky. Provision of economic development as a function of law 203
M.A. Subbotin. Legal "disincentives" of investment climate management 211
A.G. Fedotov. Law as a primary regulator of conflict situations as a substitute of force
based on arbitrary and ad hoc agreements with the government
Section II
Chapter 7. The rule of law as a time challenge (Novikova E.V.) 223
Chapter 8. Rule of law: the problem of understanding (Fedotov A.G.) 241
Chapter 9. Rule of law and the evolution of Constitutional Council of France
(Gelinas  F.)
Chapter 10. System analysis of legal nihilism in Russia (Hendley K.) 293
Chapter 11. Rule of Law: international legal aspects (Sancin V.) 317
Appendix B: Round table "The impact of criminal policy on the economics" (transcript), (Moscow, HSE, 04/04/2012) 331
Section III
Chapter 12. Criminal policy and economic development (Radchenko V.I.) 353
Chapter 13. Criminal politology (Zhalinsky A.E.) 368
Chapter 14. Problems of rule of law in criminal legislation and enforcement  (Naumov A.V.) 391
Chapter 15. The problem of over-criminalization (Thornburgh R.L.) 403
Chapter 16. Prosecution and regulation of business: termination of Russian exceptionalism
and cultivation of the rule of law (Solomon P., Jn)
Appendix C: Socio-economic impact of criminal policy against of state on business (Report of Center for Legal and Economic Studies) 431
Appendix D: Transcript of the Symposium "Criminal policy and business" (Moscow, HSE, 08/12/2011) 451
Section IV
Chapter 17. On significance and sources of standards of justice (Morshchakova T.G.) 521
Chapter 18. The rule of law's principles and legal standards of justice enforcement: problems of their implementation in Russia (Zhuikov V.M.) 532
Chapter 19. Prejudice in the system of rule of law's provision (Reznick G.M.) 552
Chapter 20. On special commissions, independent prosecutors and immunity of witness (Novikov I.A.) 564
Chapter 21. The return of the court (Nikitinsky L.V.) 583
Appendix E: Recommendations of Kiev conference on the independence of the judicial power in countries of Eastern Europe, Southern Caucasus and Central Asia 588
Appendix F: Standards of judicial activities (In terms of the control of the judiciary) (Comment to the recommendations of Kiev conference) (Morshchakova T.G.) 601
Appendix G: Transcript of the working groups of the Center for Legal and Economic Studies "The independent commission, independent prosecutors" (Moscow, Baker & McKenzie, 21.02.2012) 619
Appendix H: Report of the Fitzgerald Commission, Australia, Queensland, 1989 (Digest, preparation and translation of I.A. Novikov) 646
Conclusions (Morshchakova T.G.) 662
Name Index 665
On the project