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Title: Russia in transition : a legal and institutional perspective
Author: Hamilton, J.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 2010
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The thesis considers the parallel legal and economic changes which have occurred in Russia over the period from the creation of private property in the early 1990s until 2008, when the effects of the financial crisis were experienced there. The thesis draws on Western theories of law and economics, on comparative law and on secondary historical and sociological sources in order to capture the prevailing institutional environment in Russia in the period studied. Against the background of this contextual material, it looks at the legislation in four distinct areas: provisions of the Russian civil code relating to business transactions; the land law; the sub-soil law, and companies legislation, each of which has played an important and different role in the transition process. The thesis is distinguished from much of the literature on Russian transition by having as a starting point the legal system itself, as opposed to treating law and the legal system from the viewpoint of economics or political science. In this way, it is able to highlight features of Russian transition which have previously been neglected. It demonstrates the path-dependent nature of legal change in Russia and, while finding evidence of legal rigidities which acted as constraints on business, it also charts certain negative influences of Western economic thought. It also considers the relevance of the distinction between civil and common law legal systems to understanding the Russian case, an issue which has come to the attention of economists as a factor potentially affecting economic growth, and through comparative analysis contributes to the debate by offering some new insights into the differences between civil and common law and their conduciveness to business activity. Finally, it offers conclusions of wider relevance concerning the co-evolution of legal and economic systems in periods of transition.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available