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SAMF-Fagkomiteen for samfunnsvitenskap

Private Rights and the Development of Public Law: Property Ownership in the Russian Federation

Awarded: NOK 2.0 mill.

The project recognises that the acquisition and utilisation of property rights has taken place neither in the sphere of private or public law but the ill-defined remnants of Soviet law. This opens up previously unexplored dimensions, explaining the failur e to legislatively transplant Western notions of property ownership. The project will build upon normative analyses of the operation of legal institutions and key areas of substantive and procedural law. I will focus on the contradictions between (i) the substantive content of law and its normative impact, and (ii) the constraining and empowering effect the differentiated use of law has . I will explore the context within which these contradictions have developed, by analysing the inter-dependency of lega l reform and the culture of law within which reform is enacted . This will elucidate upon the: -choices guiding the drafting of laws patterns of agencies charged with interpreting and applying them -reception of law and the role it fulfils as a regulatory mechanism. In modifying the way we approach law the research will explore the relationship between formal institutions and informal mechanisms of market regulation, illustrating: -why the enforcement of law is selective and -why law legitimises control a bove ownership rights .

Funding scheme:

SAMF-Fagkomiteen for samfunnsvitenskap

Thematic Areas and Topics

No thematic area or topic related to the project