Retroactivity is statutorily permitted in individual adjudications, rather than in rulemaking. The question, for Roberts, is whether this retroactivity will pass constitutional muster. This type of retroactivity in this case was permissible. However, rules with unreasonable secondary retroactivity can be invalid under for being arbitrary or capricious. It has expressly established retroactivity in this situation. Russian scholars have disputed this retroactivity issue at length. Another point of critique was the retroactivity of the law. This statement effectively denied the retroactivity of the Berne Convention for foreign works within Russia. Retroactivity refers to reviewing an interaction after it has taken place. Retroactivity looks at how far back payment of a benefit should begin.