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Community of Attorneys and the Quality of Law Enforcement in Russia
[Адвокатское Сообщество И Качество Правоприменения В России]

Author

Listed:
  • Kazun, Anton (Казун, Антон)

    (National Research University Higher School of Economics)

  • Yakovlev, Andrei (Яковлев, Андрей)

    (National Research University Higher School of Economics)

Abstract

In the past 10 years Russia has undertaken several attempts at reforming its law enforcement and judicial system, which, unfortunately, had little effect. One of the reasons lies in a lack of “feedback mechanisms” and a shortage of reliable information on the processes going on inside law enforcement agencies. The heavy-handed system of reporting (so called “palochnaya sistema”) not only impedes the obtaining of complete data on possible problems within the law enforcement system, but often motivates law enforcement officers to tamper with data and breach laws. In this article, we will show that from the theoretical point of view the recent tendencies in the Russian law enforcement system can be described as dominance of the “logic of discipline,” using the terms of Michel Foucault. We will consider the tools for external evaluation of law enforcement bodies’ performance using the data of the survey of 3317 attorneys in 35 Russian regions and the information on entrepreneurs’ complaints against corporate raiding filed with the Center of Public Procedures “Business against Corruption.” We will show that such indicators help identify “trouble zones” — regions and agencies where the current situation is more unfavorable than elsewhere. Therefore, external comparative evaluations of the quality of the law enforcement system could significantly enhance the information on existing problems in law enforcement available to the authorities and the public. In addition, by creating such a highly demanded public analytical product the lawyer corporation and business associations could achieve greater recognition from society and powers-that-be. Key words: lawyers, entrepreneurs, government regulation, government control, public services quality evaluation mechanisms, heavy-handed system of reporting, law enforcement system, corporate raiding, judicial system.

Suggested Citation

  • Kazun, Anton (Казун, Антон) & Yakovlev, Andrei (Яковлев, Андрей), 2015. "Community of Attorneys and the Quality of Law Enforcement in Russia [Адвокатское Сообщество И Качество Правоприменения В России]," Ekonomicheskaya Politika / Economic Policy, Russian Presidential Academy of National Economy and Public Administration, vol. 5, pages 7-37.
    • Handle: RePEc:rnp:ecopol:ep1553
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    References listed on IDEAS

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    1. Ella Paneyakh, 2014. "Faking performance together: systems of performance evaluation in Russian enforcement agencies and production of bias and privilege," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 115-136, May.
    2. Sonin, Konstantin, 2003. "Why the rich may favor poor protection of property rights," Journal of Comparative Economics, Elsevier, vol. 31(4), pages 715-731, December.
    3. Kollias, Christos & Mylonidis, Nikolaos & Paleologou, Suzanna-Maria, 2013. "Crime and the effectiveness of public order spending in Greece: Policy implications of some persistent findings," Journal of Policy Modeling, Elsevier, vol. 35(1), pages 121-133.
    4. Andrei Yakovlev & Anton Sobolev & Anton Kazun, 2014. "Means of production versus means of coercion: can Russian business limit the violence of a predatory state?," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 171-194, May.
    5. Drake, Leigh M. & Simper, Richard, 2003. "An evaluation in the choice of inputs and outputs in the efficiency measurement of police forces," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 32(6), pages 701-710, December.
    6. Doner, Richard F. & Schneider, Ben Ross, 2000. "Business Associations and Economic Development: Why Some Associations Contribute More Than Others," Business and Politics, Cambridge University Press, vol. 2(3), pages 261-288, November.
    7. A. Yakovlev., 2012. "How to Reduce Violent Pressure on Business in Russia?," VOPROSY ECONOMIKI, N.P. Redaktsiya zhurnala "Voprosy Economiki", vol. 11.
    8. Leonid Polishchuk & Alexei Savvateev, 2004. "Spontaneous (non)emergence of property rights," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 12(1), pages 103-127, March.
    9. Michael Rochlitz, 2014. "Corporate raiding and the role of the state in Russia," Post-Soviet Affairs, Taylor & Francis Journals, vol. 30(2-3), pages 89-114, May.
    10. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2013. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9781107646995, January.
    11. Drake, Leigh M. & Simper, Richard, 2005. "Police Efficiency in Offences Cleared: An Analysis of English "Basic Command Units"," International Review of Law and Economics, Elsevier, vol. 25(2), pages 186-208, June.
    12. Doner Richard F. & Schneider Ben Ross, 2000. "Business Associations and Economic Development: Why Some Associations Contribute More Than Others," Business and Politics, De Gruyter, vol. 2(3), pages 1-29, December.
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    More about this item

    Keywords

    lawyers; entrepreneurs; government regulation; government control; public services quality evaluation mechanisms; heavy-handed system of reporting; law enforcement system; corporate raiding; judicial system.;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L84 - Industrial Organization - - Industry Studies: Services - - - Personal, Professional, and Business Services
    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal

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