Enforcement of property rights during the Russian transition: Problems andsome approaches to a new liberal solution

Authors
Citation
S. Braguinsky, Enforcement of property rights during the Russian transition: Problems andsome approaches to a new liberal solution, J LEG STUD, 28(2), 1999, pp. 515-544
Citations number
22
Categorie Soggetti
Law
Journal title
JOURNAL OF LEGAL STUDIES
ISSN journal
00472530 → ACNP
Volume
28
Issue
2
Year of publication
1999
Pages
515 - 544
Database
ISI
SICI code
0047-2530(199906)28:2<515:EOPRDT>2.0.ZU;2-O
Abstract
The paper examines economic inefficiency stemming from the replacement of t he public property rights enforcement mechanism by private ("mafia-type") e nforcement in the transitional economy of Russia. It is shown that private enforcement leads to the entrenchment of small-scale inefficient monopolies . The state becomes a vehicle for rent seeking and free loading. A simple m odel is employed to argue that a naive laissez-faire approach to the proble m is not likely to work. The paper then argues that any attempt at a once-a nd-for-all institutional solution relying on coordination by a benevolent g overnment is also basically impossible. A step-by-step incentive-based appr oach is advocated; in particular, the paper proposes the nonconventional li bertarian idea of establishing a commercialized government property protect ion service, and it discusses some of its theoretical and practical aspects . The role of the devolution and competition of power is also examined.