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
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.