Search results

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.

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.

There is a long-going discussion in Russia focusing on finding new stimulus for economic growth. Being very rich with natural recourses, Russia has enjoyed extensive economic growth model for many centuries. The world is changing. Russia as any country which is to keep up with the dynamics and the quality of the world economic growth must find some new technologies and economic triggers. Green investment can be regarded as the key instrument to achieve faster economic growth and to make technological gap narrower. The chapter focuses on state policy and business practice in green investment in Russia.

The United Nations General Assembly Special Session on drugs has provided countries with internationally agreed recommendations to adapt their drug policies for more efficiency and better outcomes. This chapter focusses on the Russian Federation’s role in international drug policy, through an analysis of its national approaches and their design, as well as on its diplomatic efforts at the bilateral and multilateral levels to oppose drug policy reform. A systematic review of peer-reviewed, grey literature, policy documents, UN reports and news reports on the country’s response to drugs internally and externally was conducted between September and December 2017. Despite its efforts to oppose drug policy reform and the prioritisation of public health, the Russian Federation faces major epidemics of imprisonment and HIV. Internationally, while it has not been successful in addressing the ongoing reforms in Europe and the Americas, it has been effective in preserving its international priorities by opposing harm reduction and maintaining the prohibition paradigm at the multilateral level.

The chapter is devoted to the problem of creating effective tools for attracting extra-budgetary sources and increasing the interest of contemporary Russian enterprises in implementing projects to repair past (accumulated) environmental damage.

The objective of the research is the regions of the Russian Federation (constituent entities of the Russian Federation) and the mechanisms for financing the projects in the field of accumulated damage repair being implemented at the state level. This is possible by financing the project with the participation of the company involved in the accumulated damage in the regions.

The chapter deals with the investigation of the basic concepts of the problems of accumulated damage and the identification of the main problems and the contradictions in attracting financing for the implementation of damage repair projects in the Russian law enforcement field. The analysis of indicators characterizing the dynamics of financing of such projects in the Russian regions and the methodology of selecting priority objects of accumulated damage for their financing at the federal level is also examined.

The research resulted in the authors’ conclusion that the problem of attracting extra-budgetary sources to repair accumulated damage is connected not only with the contradictions in the Russian environmental legislation, but also with the insufficient development of such institutions as public-private and municipal-private partnerships. The chapter contains proposals for the development of results-based tools using the mechanism of public-private partnership to repair the accumulated damage.

A growing religious-environmental movement is working to reconcile environmental thought and practice with the mission and ministry of religious organizations. We examine two leading interfaith social change organizations and identify key strategies they routinely employ to create shared meaning and alignment between environmentalism and faith. They reframe stewardship in religious organizations by (1) highlighting and interpreting environmental themes in sacred texts and scriptures, (2) celebrating and fostering mutual awareness of environmental action by faith-based organizations, and (3) providing resources and creating linkages between clergy and lay leaders across religious congregations. By emphasizing moral and spiritual rationales for the adoption of resource-saving products and behaviors at both the congregational and household level, these networked organizations help shift the perception of global climate change from an insurmountable problem to one that is being addressed in cooperation with similar others. Our investigation reveals organizational actors deeply engaged in growing moral calls for political action to address climate change and underscores the need for more socially realistic models of technology adoption and behavior change.

The European Union (EU) is not a state, though it has some statelike attributes; it is not an empire, though it includes many former European imperial powers; and it is not a federation, though Euro-federalists seek to make it one. There is, however, no need to argue that the Union is a singularity, nor to invent novel terminology, such as that deployed by “neo-functionalists” and “intergovernmentalists” to capture its legal and political form. The EU is a confederation, but with consociational characteristics in its decision-making styles. This conceptualization facilitates understanding and helps explain the patterns of crises within the Union.

Industrialization in capitalist societies ushered in the growth of trade unions and the development of union activities of industrial workers. In the late eighteenth and the early nineteenth centuries in the West when unionism began, trade unions took diverse forms. These forms varied by society and were significantly influenced by the country’s specific historical background and socioeconomic and cultural conditions. Yet such diverse union structures began to merge into “industrial unionism” in the late nineteenth century, which embraced all types of workers within the boundaries of an industry. Industrial unionism has been considered the organizational form that most effectively ensures the collective power of trade unions and their sociopolitical sway over contending forces, notably, the state and employers’ associations, and thus has remained a prototypical union system. Accordingly, nonwestern societies and latecomers to unionism in the West have modeled their unions on the basis of the industrial union structure.

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.

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.