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Book part
Publication date: 4 July 2019

Vladimira Dolinskaya, Alla Kalinina, Agnessa Inshakova and Alexander Goncharov

The basis of the analysis carried out in this part of the work was the normative and advisory sources included in the system of Russian law in the sphere of corporate conflicts…

Abstract

Materials

The basis of the analysis carried out in this part of the work was the normative and advisory sources included in the system of Russian law in the sphere of corporate conflicts regulation.

For the purpose of a comprehensive study of the existing norms and the definition of promising trends in their development, the provisions of policy acts of a strategic nature, such as the concept of development of the legislation of the Russian Federation for the period 2008–2011 and the concept of 2016 to improve the legislation of the Russian Federation for the period up to 2021 were studied.

The study examined the provisions of industry-specific codified acts of both regulatory and advisory nature, such as the civil code of the Russian Federation, the code of corporate conduct (now invalid), and the code of corporate governance, approved by the Board of Directors of the Central Bank of Russia from April 10, 2014.

Among the special Federal laws that form the basis of positive legal regulation of corporate conflicts are: Federal law No. 205-FL “On amendments to certain legislative acts of the Russian Federation”; Federal law No. 82-FL of May 19, 1995, “on public associations”; Federal law No. 193-FL of December 8, 1995, “on agricultural cooperation”; Federal law No. 7-FL of January 12, 1996, “on non-profit associations”; Federal law No. 79-FL of July 27, 2004, “on the state civil service of the Russian Federation”; Federal law No. 7-FL “on non-profit associations” of December 25, 2008, g. 273-FL “on combating corruption”; the Federal law of March 2, 2007 No. 25-FL “on municipal service in the Russian Federation.”

In the course of the study, the authors actively formed an empirical base and turned to judicial and arbitration practice, which were: the Decision of the Constitutional Court of the Russian Federation of July 18, 2003, No.14-P “in the case of verification of the constitutionality of the provisions of Article 35 of the Federal law “on joint stock companies,” Articles 61 and 99 of the civil code of the Russian Federation, Article 31 of the tax code of the Russian Federation, and Article 14 of the Arbitration procedural code of the Russian Federation; the Decision of the Constitutional Court of the Russian Federation of March 15, 2005. No.3-P “in the case of verification of the constitutionality of the provisions of paragraph 2 of Article 278 and Article 279 of the Labor Code of the Russian Federation and paragraph 2 of paragraph 4 of Article 69 of the Federal law” on joint stock companies; resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of June 20, 2007, No. 40 “on some issues of practice of the provisions of the legislation on transactions with interest” ; resolution of the Plenum of the Supreme Court of the Russian Federation of June 26, 2018, No.27 “on challenging major transactions and transactions in which there is an interest”; Resolution of the FAS of the Ural district of June 23, 2004, No. F09-1854/04-CL, etc.

The concept of “conflict” in terms of etymology, as well as social conflictology and social sciences is studied in the chapter on the example of the works of L. Coser, J. Von Neumann, N. Morgenstern, V. Yadov, T. V. Novikova, etc.

Studying corporate conflicts in legal doctrine, the authors turned to the works of D. I. Dedov and A. A. Kirillov.

The theory of interest and “legally protected interests” were studied thanks to the works of Rudolf von Ihering, who as the main idea behind the development of mechanisms for their balance. In the Russian doctrine, the issues of subjective and legitimate interests were developed in the works of Y. S. Gambarov, V. P. Gribanov, N. M. Korkunova, and G. F. Shershenevich.

The essence of socially significant interests that receive legal regulation from the state and become legal (legal) interests was studied on the basis of the works of N. V. Vitruka, R. E. Gukasyan, O. S. Ioffe, E. A. Krasheninnikova, and N. I. Matuzova.

Methods

The methodological basis of the study was a set of general and particular scientific research methods: observation, complex and diversified analysis, synthesis, analogy, comparison, explanation, proof, induction, deduction, reduction, elementalism, systematic approach, methods of comparative law, specific sociological research, historical, logical, statistical, etc.

Details

“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Abstract

Details

Understanding Intercultural Interaction: An Analysis of Key Concepts, 2nd Edition
Type: Book
ISBN: 978-1-83753-438-8

Book part
Publication date: 2 December 2019

Frank Fitzpatrick

Abstract

Details

Understanding Intercultural Interaction: An Analysis of Key Concepts
Type: Book
ISBN: 978-1-83867-397-0

Book part
Publication date: 18 April 2016

Andrea Tomo, Danila Scarozza, Alessandro Hinna, Ernesto De Nito and Gianluigi Mangia

The study aims to contribute to the literature on board behavior and performance in public sector organizations, by investigating conflicts as a fundamental and inevitable part of…

Abstract

Purpose

The study aims to contribute to the literature on board behavior and performance in public sector organizations, by investigating conflicts as a fundamental and inevitable part of interactions between board members. Despite impressive advances in studying the behavioral dimensions of governing bodies, several gaps still remain in our knowledge, especially for public sector boards. These face specific challenges related to multiple, conflicting, and ambiguous goals.

Methodology/approach

Earlier studies identified four different types of conflict (affective, cognitive, interest, and authority conflicts). These were used to guide a systematic literature review considering the source and the nature of conflicts to classify and describe the state of knowledge on the topic.

Findings

Most academic contributions emphasized cognitive and interest conflicts, suggesting that solving them was essential to improve board performance and enable boards to create value. The results suggest the utility of broadening the perspective of the governing board role, moving beyond agency and institutional theory, taking into consideration resource dependence theory as an alternative perspective to investigate board roles and task expectations.

Originality/value

Understanding conflicts within public boards is an interesting challenge from several perspectives. First, it provides a deep look inside board decision-making processes using a behavioral perspective. Second, analyzing the nature and sources of conflict places boards in a better position to address complex political issues. Finally, resolving conflicts may lead boards to channel their energies into collaborative activities that stimulate best practices, facilitate mutual awareness, and generate commitment to cooperation inside and outside the boardroom.

Details

Governance and Performance in Public and Non-Profit Organizations
Type: Book
ISBN: 978-1-78635-107-4

Keywords

Book part
Publication date: 29 July 2009

Partha Gangopadhyay and Manas Chatterji

The fragmentation can either lead to an all-out civil war as in Sri Lanka or a frozen conflict as in Georgia. One of the main characteristics of fragmentation is the control of…

Abstract

The fragmentation can either lead to an all-out civil war as in Sri Lanka or a frozen conflict as in Georgia. One of the main characteristics of fragmentation is the control of group members by their respective leaders. The chapter applies standard models of non-cooperative game theory to explain the endogenous fragmentation, which seeks to model the equilibrium formation of rival groups. Citizens become members of these rival groups and some sort of clientelism develops in which political leaders control their respective fragments of citizens. Once the divisions are created, the inter-group rivalry can trigger violent conflicts that may seriously damage the social fabric of a nation and threaten the prospect of peace for the people for a very long time. In other words, our main goal in this chapter is to understand the formation of the patron–client relationship or what is called clientelisation.

Details

Peace Science: Theory and Cases
Type: Book
ISBN: 978-1-84855-200-5

Book part
Publication date: 4 April 2006

Andrew Stark

Canada's institutions, by comparison with America's, have created a unique normative regime. When it comes to conflict of interest, the main problem in Canada has not been that…

Abstract

Canada's institutions, by comparison with America's, have created a unique normative regime. When it comes to conflict of interest, the main problem in Canada has not been that private interests encumber governmental judgment, but that government itself, and in particular the publicly sourced emoluments controlled by the prime minister, can encumber the judgment of ministers and legislators. When it comes to campaign finance law, the problem is that parties are treated as if they are self-interested entities, while interest groups have often been treated as if they are parties. I explore the institutional causes and regulatory consequences of Canada's unique normative approach.

Details

Public Ethics and Governance: Standards and Practices in Comparative Perspective
Type: Book
ISBN: 978-0-76231-226-9

Abstract

X = multiple interpretations

Details

Documents on Government and the Economy
Type: Book
ISBN: 978-1-78052-827-4

Book part
Publication date: 4 July 2019

Tatiana N. Litvinova and Irina A. Morozova

The purpose of the work is to specify the fundamental treatment of causal connections between conflicts in socio-economic systems.

Abstract

Purpose

The purpose of the work is to specify the fundamental treatment of causal connections between conflicts in socio-economic systems.

Methodology

Treatment of causal connections between conflicts in socio-economic systems by the existing concepts is determined. Contradictions of the existing concepts are determined and the existing knowledge on causal connections between conflicts in socio-economic systems within the new (authors’) concept of economic conflicts is systematized.

Conclusions

It is shown that conflicts in economy are not necessarily of the social nature (emerge due to subjective reasons – influence of “human factor,” weakness and/or imperfection of the social institute of interaction of economic subjects, and their interest in conflicts), as they could be caused by objective reasons – deficit of resources and imperfection of the model of development of socio-economic system. Consequences of conflict in a socio-economic system are determined by the result of its solution and are related not only to participants of the conflict but to the system on the whole.

Originality/value

It is substantiated that the most preferable (connected to positive consequences) option is failure of both participants of the conflict, its quick overcoming, elimination of “human factor,” and involvement of third party into the process of solving of the conflict. Due to this, interest in conflicts will be reduced (undesired conflicts will be eliminated), the model of development of socio-economic system will be improved, its sustainability will be raised, and social institutes of interaction between economic subjects in the system will be improved. Further development of specified foundations of the developed concept of economic conflicts envisages its classification.

Details

“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Keywords

Book part
Publication date: 19 September 2015

Steven Scalet and Thomas F. Kelly

The leading traditions of Western ethical thought offer an immense collection of concepts and distinctions for thinking about how to make professional and personal decisions…

Abstract

The leading traditions of Western ethical thought offer an immense collection of concepts and distinctions for thinking about how to make professional and personal decisions across any walk of life. In this chapter we consider how to draw from this vast terrain to provide a set of practical ethical guidelines for global business decision-making. Our aim is not to provide an historical survey of ethics but to identify some of the most useful ideas and distinctions across various ethical traditions that have survived the test of time and to suggest adaptable practical recommendations. We present four digestible ethical guidelines to bridge the theoretical traditions with the everyday world of time-sensitive business decision-making. These guidelines have versatile applications across an array of business applications and can also be useful for policymakers and decision-makers in not-for-profit organizations.

Details

Business, Ethics and Peace
Type: Book
ISBN: 978-1-78441-878-6

Abstract

Details

The Sociological Inheritance of the 1960s: Historical Reflections on a Decade of Changing Thought
Type: Book
ISBN: 978-1-80382-805-3

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