Specification Of Property Rights Research Articles

ІНСТИТУЦІОНАЛЬНІ ПЕРЕДУМОВИ КАПІТАЛІЗАЦІЇ ЛЮДСЬКОГО ПОТЕНЦІАЛУ

The article analyzes employment and labor productivity as fundamental prerequisites for the capital-ization of the human potential of regions, stratification is carried out and the continuity of generations is revealed in the modern format, resource potential is investigated and the specification of property rights is outlined in the conditions of localization of economic space. A functional approach to the criterion measure-ment of the state of objects and means of work, as well as human development in the context of the institu-tionalism of spatial social systems, is proposed. Calculations of the following indicators were carried out: labor productivity (VRP per 1 worker); the level of revitalization of means of production (depreciation of fixed assets); employment level and job growth; investment in fixed capital per person. It was noted that there is a positive trend in reducing the number of citizensemployed in the informal sector of the economy.Employment and labor productivity were analyzed as fundamental prerequisites for the capitali-zation of the human potential of the regions, stratification was carried out and the succession of gener-ations in the modern format was revealed, the resource potential was investigated and the specification of property rights was outlined in the conditions of the localization of the economic space.It was determined that, guided by the experience of the post-socialist countries of the EU, the institutional prerequisites for using the economic potential in our country should be the motivation to create new jobs in all areas of the economy, the implementation of the import substitution program and the activation of the functioning of the internal market, the formation of spatial investment attractiveness and the establishment of effective interregional relations of the

Effect of antitrust on innovative development with a different degree of intellectual property protection

Intellectual property is often referred to as a “legal monopoly”, which should stimulate the innovative activity of authors and inventors. In this formulation, increased antitrust regulation should always have a negative effect on the innovation industry, since it is aimed at reducing the companies’ profits, and therefore, other things being equal, reducing the innovation incentives. The paper reveals the conditions under which this statement can be true, and under which, on the contrary, the strengthening of antimonopoly regulation leads to an increase in innovative output. Using cross-country data, an empirical assessment of the mutual influence of the effectiveness of antimonopoly regulation and the degree of protection of intellectual property rights on the efficiency of the innovation sector and the economy are obtained. As an indicator of relative efficiency the paper considers the proximity to the production possibilities frontier, determined by the stochastic frontier analysis (SFA) method. As a result, the hypothesis for the complementary nature of the influence of both policies is confirmed: the strengthening of one gives a positive result only when the other is strong. The complementary nature of policies can be related to the following aspects. In the context of weak IP right protection, right holders are extensively using alternative mechanisms for the specification of property rights, which includes business practices that are controversial from the antitrust point of view. In such a case, strengthening the severity of antimonopoly regulation increases the costs of such practices and ultimately reduces the effectiveness of the intellectual property protection reducing output in the innovation industry. This result justifies the existence of exceptions for the IP owners, which could be present in the antimonopoly legislation in countries with a low level of IP rights protection. But as the effectiveness of the IP rights protection becomes stronger, such exceptions can be canceled. This result also shows that the notion of IP as a “legal monopoly” is overly simplistic and can lead to risks of Type I enforcement errors (punishing the innocent).

Institutional Impact of Forestry on the Economy

The problems of the forest sector identified by many researchers are primarily related to the quality of institutions and the lack of effective institutional relations in the industry, according to the authors’ opinion. The results presented in the article, which prove the existence of a causal relationship between the qualitative characteristics of institutions and institutional relations and economic results, are shown for the first time in the case of the forest industry. In order to achieve the objective, the economic interrelations between forest industry entities are analyzed in the context of their institutional environment. It is revealed that the existing institutional structure of the industry supports the conflict of incentives between the owner (state) and the user (tenant) of forest land. The theoretical aspects of the specification of property rights, minimization of transaction costs and costs of contractual relations in the Russian forest industry to increase its economic efficiency are investigated. The transformation of Russian forest industry institutions should be based on the comparative advantages of existing institutions, economic models of successful forest management, objective institutional and economic indicators of sustainable growth, such as the specification of property rights and the minimization of specific transaction costs.

At the Origins of Neo-institutionalism: Ronald Coase

The article contains the analysis of the views of the Nobel laureate in economics Ronald Coase (1910–2013) as the founder of neo-institutionalism. it provides a comparative description of the “old” and “new” institutionalism and shows the relationship and difference between neoclassicism and neo‑institutionalism. I analysed in detail the most famous articles of Coase and, first of all, “The Nature of the Firm” and “The Problem of Social Costs”. in these works, Coase showed that in the absence of transaction costs there is no economic novelty for the existence of a firm, in the second — that in the lack of transaction costs the legal system does not matter. With an exact specification of property rights, the market economy itself is able to cope with environmental pollution without resorting to government intervention, adjusting taxes and subsidies. The article shows the history of lighthouses in economic theory. Usually, the lighthouse is listed as a purely public good. Ronald Coase shows that even a public good — like lighthouses —was paid for by shipowners. The last part is devoted to essays on economics and economists.

Sharing Patient-Controlled Real-World Data Through the Application of the Theory of Commons: Action Research Case Study

BackgroundTechnological advances have radically changed the opportunities for individuals with chronic conditions to practice self-care and to coproduce health care and research. Digital technologies enable patients to perform tasks traditionally carried out by health care professionals in a more convenient way, at lower costs, and without compromising quality. Patients may also share real-world data with other stakeholders to promote individual and population health. However, there is a need for legal frameworks that enable patient privacy and control in such sharing of real-world data. We believe that this need could be met by the conceptualization of patient-controlled real-world data as knowledge commons, which is a resource shared by a group of people.ObjectiveThis study aimed to propose a conceptual model that describes how patient-controlled real-world data can be shared effectively in chronic care management, in a way that supports individual and population health, while respecting personal data privacy and control.MethodsAn action research approach was used to develop a solution to enable patients, in a self-determined way, to share patient-controlled data to other settings. We chose the context of cystic fibrosis (CF) care in Sweden, where coproduction between patients, their families, and health care professionals is critical in the introduction of new drugs. The first author, who is a lawyer and parent of children with CF, was a driver in the change process. All coauthors collaborated in the analysis. We collected primary and secondary data reflecting changes during the time period from 2012 to 2020, and performed a qualitative content analysis guided by the knowledge commons framework.ResultsThrough a series of changes, a national system for enabling patients to share patient-controlled real-world data to different stakeholders in CF care was implemented. The case analysis resulted in a conceptual model consisting of the following three knowledge commons arenas that contributed to patient-controlled real-world data collection, use, and sharing: (1) patient world arena involving the private sphere of patients and families; (2) clinical microsystem arena involving the professional sphere at frontline health care clinics; and (3) round table arena involving multiple stakeholders from different settings. Based on the specification of property rights, as presented in our model, the patient can keep control over personal health information and may grant use rights to other stakeholders.ConclusionsHealth information exchanges for sharing patient-controlled real-world data are pivotal to enable patients, health care professionals, health care funders, researchers, authorities, and the industry to coproduce high-quality care and to introduce and follow-up novel health technologies. Our model proposes how technical and legal structures that protect the integrity and self-determination of patients can be implemented, which may be applicable in other chronic care settings as well.

Тенденции трансформации собственности и развитие корпоративных отношений в цифровой экономике

The article deals with the interrelated development of the theory of property and corporate relations. The main tendencies and problems of development of the theory of property and corporate relations in the conditions of digital economy are revealed. At the present stage of devel-opment of the theory of property dominated by two scientific methodological approaches: ne-omarxism and neoinstitutionalism. The complementarity of these approaches allows us to talk about the transformation of traditional property relations in the direction of constant erosion and specification of property rights, the formation of new economic models, which are based on com-plex forms of ownership and entitlements. These changes in the digital economy complicate the in-ternal structure of corporate relations, mechanisms of its development, forms of participation 
 of subjects of corporate property in the management of corporations and the appropriation of in-come, leads to depersonalization of owners in respect of intellectual property. It has been stated that information and intellectual progress and the evolution of the economic foundations of the preservation of life of modern society require the creation of fundamentally new approaches to the problems of institutionalization of property and corporate relations. The stages of the evolution of corporate relations are illustrated. It is noted that each stage in the development of corporate relations had its own specific forms of corporate entities. The redistribution of property and possession rights that is typical for the Russian economy under the influence of local corporate and shadow government regulation and of factors not related to the economy has been considered. It has been inferred that the prospects of interaction between government and business should be associated with the formation of the economic and information field of business responsibility. The state in its relations with business is forced to move from traditional ways of regulating socio-economic processes to 
 a system of partnership relations, motivating business to implement social programs

Property Rights Implications for the Brazilian Forest Code

Abstract: The Brazilian Forest Code restricts landowners’ uses of the land. Changes in property rights are therefore the core element of the program. In this paper the new institutional literature on property rights is used to analyze the main difficulties involved in such a re-specification of rights. Four concepts from this literature are described and applied to better understand the issues that have hindered the program in the past and that affect the current version of the program initiated in 2012: (i) property rights as a ‘bundle of rights’, (ii) evolution of property rights, (iii) path dependence; and Ostrom’s 8 design principles. The paper argues that the key issue for the Forest Code is the level of uncertainty of the gap between the de jure and de facto specification of property rights.

Структура и спецификация прав собственности в аудиторской деятельности РФ

Структура и спецификация прав собственности в аудиторской деятельности РФ

The Effects of Rent-Seeking Behavior on the Efficiency of Fiscal Policy in Ukraine

Abstract The paper analyses the distinctive features of fiscal regulation of Ukrainian economy as a crucial factor of ensuring national security. The authors reveal the structure of fiscal policy transmission mechanism and highlight the peculiarities of its channels under macroeconomic stabilization. The theoretical and empirical analysis unveils certain obstacles that arise in the Ukrainian economy on the way to establishing macroeconomic efficiency of its fiscal impulses. The most important obstacles of such sort are formation of rentier economy and counterproductive rent-seeking behavior of economic actors. The study of this phenomenon and of their influence on the efficiency of fiscal policy instruments in national economy made it possible to suggest a number of practical recommendations. These recommendations cover bureaucracy reduction, improvement in efficiency and transparency of public administration, provision of clear specification of property rights, implementation of civilized justice system, and enhancement of possibilities for public control of budget spending and use of public property and assets.

Curbing Corruption in Public Administration: A Case Study from Italy

The aim of this article is to verify whether the historic sentence, no. 500/1999 of the Italian Legitimacy Court (Corte di Cassazione) in Plenary Session, may have contributed to diminishing bribery in Italy, by increasing the area of liability for both civil servants and the public administration. The empirical analysis is based on a case study conducted in Sicily, in the province of Catania, using a unique data set. The main results of the article are: paying bureaucrats by means of an incentive wage regimes may not be effective in reducing corruption; an extension of the liability rule for the public administration and civil servants may discourage the phenomenon of bribery; and, the perfect specification of property rights helps to reduce corruption.

Evolving Property Rights in Japan: Patterns and Logics of Change

Property rights in land are often regarded as among the most inflexible of the institutional structures that shape urban change, particularly when enshrined in a written constitution. This paper argues that the meaning and specification of property rights in the city are continually contested and in flux and that the evolving practice of city planning is a significant element that contributes to change. A better understanding of the mechanisms of such change is valuable for our understanding both of city planning and of property rights. A historical institutionalist analysis suggests that property rights display significant elements of path dependence, yet also show characteristic patterns and processes of incremental change over time. This analysis of evolving systems to regulate permissible development in Japanese cities during the period since the environmental crisis of the 1960s is revealing of the structured ways in which property rights are contested and change over time.

Has the Sentence of the Italian Supreme Court No. 500/1999 Reduced the Incentive to Corrupt and to be Corrupted? An Empirical Case Study with Micro Data

The aim of this paper is to verify if the historic sentence of the Italian Supreme Court in Plenary Session no. 500/1999, has effectively contributed to diminishing incentive in the bribes market in Italy. To this aim we refer to the theoretical model of Acemoglu and Verdier (2000). The empirical analysis is based on a case study conducted in Sicily, in the province of Catania, by using a unique data set. The main results of the paper are that paying bureaucrats by means of an efficiency wage could be not useful in reducing corruption. An extension of the liability rule for public administration employees and civil servants may reduce the phenomenon of bribe exchanging. Finally, the perfect specification of property rights is helpful in reducing corruption.

Modelling the regional and farm-level economic impacts of environmental flows for regulated rivers in NSW, Australia

The management of water resources across Australia is undergoing fundamental reforms aimed at improving the health of rivers, estuaries and groundwaters. The reforms include specification of property rights, the way the resource is shared between the environment, irrigators and other users, charges for water use and the operational management of the water systems. In New South Wales (NSW), a series of water sharing plans (WSPs) is being developed for each water source in the State including regulated rivers, unregulated rivers and groundwater aquifers. These plans, which are the mechanisms by which the reforms are being implemented, are being developed by community based water management committees (WMCs). The role of the WMCs is to develop a plan that achieves a balance between environmental, economic and social outcomes. NSW Agriculture has assisted a number of WMCs by quantifying the economic impact of proposed WSP options on the irrigation community. This paper outlines the different approaches taken by NSW Agriculture to quantifying economic impacts on irrigators and provides the results of case studies in two regulated river catchments heavily developed for irrigation—the Murrumbidgee and Lachlan Catchments.

Modelling the economic impact of environmental flows for regulated rivers in New South Wales, Australia

The management of water resources across Australia is undergoing fundamental reform in line with the priorities identified by the Council of Australian Governments (COAG) in 1994. This includes reforms to the specification of property rights, the way the resource is shared between the environment, irrigators and other users, charges for water use and the operational management of the river systems. In New South Wales (NSW), a series of water sharing plans (WSPs) is being developed for each water source in the State including regulated rivers, unregulated rivers and groundwater aquifers. These plans, which are the mechanisms by which COAG reforms are being implemented, are being developed by community-based water management committees (WMCs). The role of the WMCs is to develop a plan that achieves a balance between environmental, economic and social outcomes. NSW Agriculture has assisted a number of WMCs by quantifying the economic impact of proposed WSP options on the irrigation community. This paper outlines the approach taken by NSW Agriculture to quantifying economic impacts on irrigators in regulated catchments and provides results of case studies in the Lachlan River Catchment which is heavily developed for irrigation.

Property Rights and Game-Theory Implications of Satellite Communications: The Bilateral Case of Greece and Russia

In this paper we examine the actual legal situation concerning the attribution of geostatic positions and frequencies and the problems of frequency interference by other satellites due to not fully clear property rights. We analyze the property rights setting governing satellite communications and review the implications of the Coase theorem of these rules through a game theoretical approach between two players: Russia and Greece (Hellasat commercial communication attempt). The basic finding, in accordance with the theorem's prediction under non-zero and possibly high transaction costs, is that the end result may be sub-optimal due to the inappropriate present specification of property rights, leading either to non-use of scarce resources, or to total over-investment.

Rawlsian Justice and Preferences over Work

Rawls's assertion that the specification of property rights over the means of production is not determined by the theory of justice is shown to rest on shaky foundations. His account of the subjective circumstances of justice, which serve as an empirical constraint on the deliberations of those in the original position, is shown to reflect neoclassical economic theory in which preferences over work are excluded from welfare analysis. As a result, those in the original position are concerned only with the distributive outcomes of the basic structure, and not at all with its form in terms of the modalities of ownership of productive assets. This in turn is shown to conflict with Rawls's professed methodology, in which constraints are not to be placed upon the conceptions of the good held by those in the original position. There is, however, very little scope for Rawls to amend his argument on this point without compromising the integrity of the whole. Hence, there is no good reason to exclude property rights over the means of production from consideration in the liberal theory of justice.

Institutional anomalies in the contemporary art market

This paper analyses two anomalies of the contemporary art market and the institutions created in order to allow the market to develop. The first anomaly concerns the incomplete specification of property rights in the market of successful artists. The second one originates with the lack of “credibility”, or time consistency, that characterises the relationships between young artists and gallery owners.

Private property rights and presumptive policy entitlements: reconsidering the premises of rural policy

Private property in land gives agricultural producers a presumptive claim to certain policies that may be more costly than necessary, and may not achieve their intended results. In this paper, an alternative specification of property rights in land is explored, and it is shown how this different structure opens up new options for governments to influence the visual and economic attributes of rural areas. Under existing property regimes, farmers must be induced with financial concessions to use land in socially desired ways. Under an alternative property rights specification, farmers would have to pay for the right to modify certain land-use practices. Copyright 1990 by Oxford University Press.

KARL MARX, PROPERTY RIGHTS SCHOOL AND THE PROCESS OF SOCIAL CHANGE

SUMMARY The purpose of this paper is to discuss the process of social change as understood by Karl Marx and modern property rights theorists. Differences between Karl Marxand modern property rights theorists are quite substantial. Yet, Karl Marxand modern property rights theorists have one thing in common: the perception about the importance of property rights structures on the character of economic life. Same as modern property rights theorists, Marxrecognized that the solution of the social problems is not merely the task of reason but that the process of social change is caused by forces and movements that work from within the existing social system. Marx viewed economics as the study of property rights over scarce resources. As man learned to apply human work to the production and use of tools, it became essential to specify the relations among men with respect to the right to use those intermediate goods. And that meant the development and specification of property rights. Thus, Marxdeduced the historical necessity of property rights from the initial subordination of man to nature and his survival instincts. The most important difference between Marxand property rights scholars lies in the method of analysis. Modern property rights scholars are methodological individualists. They view the capitalist community as a voluntary association of utility seeking individuals. Instead of exogenously-imposed ‘common good’, emphasis in the capitalist community is on the right of ownership and contractual freedom which allow each individual the freedom of choice and the obligation to bear the costs of pursuing his own preferences, Marx viewed the process of social change as occurring in a series of historically predetermined discontinuous sequences. Thus, he viewed the development of property rights as both endogenous to the prevailing stage of economic development and pre-ordained by the laws of history.

Urban design and energy utilization: A comparative analysis of soviet practice

The consumption of energy by urban populations depends in part upon the efficiency of the process used to provide residential, commercial, and industrial heat. This paper explores the systemic determinants of the adoption of district heating and co-generation, evaluates the extent of resulting energy savings, and appraises USSR practice. Differences between economic systems in the specification of property rights cause differences in both transaction costs and the treatment of externalities and partially explain the greater utilization of district heating and co-generation in planned economies. Institutional changes required in market economies to adopt this urban-design strategy are suggested.