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Classification Criteria: Defining the Specific Features of Corporate Conflicts

“Conflict-Free” Socio-Economic Systems

ISBN: 978-1-78769-994-6, eISBN: 978-1-78769-993-9

Publication date: 4 July 2019

Abstract

Materials

Active legal regulations, judicial practice, and law-enforcement experience have been used as the research core.

The works by A. Atsupov and S. Baklanovskii, devoted to classification tasks, as a way of discovering system features of multiple conflicts, have served for the research’s theoretical foundation.

The basis of such classification, including the classification by the subject content, has been studied using the works by R. Kraakman, P. Davies, H. Hansmann, G. Hertig, K. Hopt, H. Kanda, and E. Rjck.

Inter- and outer-group conflicts as well as the dependence on the social structure have been investigated using the studies of L. Coser. The interrelation between the social structure, a conflict’s institutionalization, and defining the extents of its admissibility have been analyzed with the help of the works by B. Collins, N. Grachev, D. Rant, A. Inshakova, K. Frohnapfel, V. Letyayev, etc.

When defining a self-sufficient group of corporate conflicts by the primary content criteria, the research authors have relied on the works by V. Dolinskaya and V. Slesarev, devoted to the subject of the private law theory.

V. Yadov’s scientific research has helped state corporate conflicts’ goals in terms of their classification. Here we imply the research, pointing out that such conflicts will either directly or indirectly be connected with the property sphere.

The actions of corporate conflicts’ parties, which predetermine their classification by the correlation with lawful behavior, have been examined owing to the works of L. Coser.

The issue of corporate conflicts and economic relations’ criminalization by embezzling, seizure, and rearranging the property, which includes bankruptcy proceedings, has been studied by means of Yu. Borisov, V. Dolinskaya, and N. Kavelina’s works.

The works by A. Inshakova and V. Slesareva, devoted to the sources of law, have contributed to corporate conflicts’ classification study.

The interconnection between the completion stage of the corporate conflicts dynamics and their settlement has been investigated in the framework of justifying the classification, basing on the completion method, taking into account the scientific results, reflected in the works by A. Antsupov, A. Danelyan, V. Laptev, and A. Shipilov.

In the course of study, corporate conflicts’ classification by their consequences, which can either be destructive and constructive, the research authors have used the studies by R. Freeman, devoted to the stakeholders’ theory, their interests’ balance, and the ways of forming the business’s economic environment.

The normative basis of the research are the provisions of sectoral codified acts by: the Arbitration Procedural Code of the Russian Federation, the Civil Code of the Russian Federation and the Criminal Code of the Russian Federation, as well as special federal laws – The Federal Law “On Joint Stock Companies” as of December 26, 1995, No. 208.

The empirical basis of this research relies on the of the Russian Federation’s Constitutional Court’s Resolution as of July 18, 2003, No.14-P “On the case of verifying the constitutionality of the provisions of Article 35 of the Federal Law “On Joint-Stock Companies,” Articles 61 and 69 of the Russian Federation Civil Code, Article 31 of the Russian Federation Tax Code, and Article 14 of the Russian Federation Arbitration Procedure Code; the Russian Federation Constitutional Court Provisions as of March 15, 2003, No.3-P “On the Case of Constitutionality Review of Article 278 Paragraph 2 and Article 279 of the Russian Federation Labour Code and para 2 of Paragraph 4 of the Article 69 of the “On Joint-Stock Companies” Federal Law.

Methods

The following general scientific and specific scientific methods have been applied in this chapter: observation, complex and multi-sectoral analysis, synthesis, analogy, comparison, explanation, justification, induction, deduction, reduction, elementarism, system approach, comparative law method, specific sociological studies, logical, statistic, and so on.

Citation

Inshakova, A., Dolinskaya, V. and Frolova, E. (2019), "Classification Criteria: Defining the Specific Features of Corporate Conflicts", Popkova, E.G. (Ed.) “Conflict-Free” Socio-Economic Systems, Emerald Publishing Limited, Bingley, pp. 89-99. https://doi.org/10.1108/978-1-78769-993-920191011

Publisher

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Emerald Publishing Limited

Copyright © 2019 Emerald Publishing Limited