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Book part
Publication date: 4 July 2019

Andrey A. Inyushkin, Elena S. Kryukova, Iurii S. Povarov and Valentina D. Ruzanova

The chapter is aimed at comprehensive discovery of the basic legal tools to improve the quality of corporate governance from the standpoint of efficient revealing, preventing and…

Abstract

The chapter is aimed at comprehensive discovery of the basic legal tools to improve the quality of corporate governance from the standpoint of efficient revealing, preventing and shooting negative implications of internal corporate disputes. The subject of the study, in particular, is regulatory and non-regulatory enactments in this area. Within the study we employ basic approaches that allow to reveal the conditions ensuring efficient corporate governance, i.e., dialectical, historical, systemic, formal-logic, and comparative-law ones. Therewith, the main focus is on the application of system theory developments in terms of the methodological techniques to describe any system object.

Regarding the disputes between participants of the corporation, we substantiate the need of creating conditions for the highest account of opinions of all the participants in the development of collective will, as well as for restraint of major participants from potential abuses (through accumulative voting mechanism, implementing “two keys” principle, etc.). Special attention is paid to the issues of procedure and content of interest-collision transactions made by economic societies.

The authors point out definite guidelines to improve legislation in anti-conflict aspect (forms of holding general meetings of participants, exclusive and non-exclusive competence of governing bodies, the content of acts coordinating interested-party transactions, etc.).

Book part
Publication date: 4 July 2019

Agnessa Inshakova, Vladimira Dolinskaya and Evgenia Frolova

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…

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.

Details

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

Article
Publication date: 1 June 2021

Amy O'Connor, Renee Mitson and Cory Gilbert

The purpose of this exploratory study is to investigate the relationship between location (hometown or elsewhere), evaluation of corporations, expectations for corporations in…

Abstract

Purpose

The purpose of this exploratory study is to investigate the relationship between location (hometown or elsewhere), evaluation of corporations, expectations for corporations in their communities and likelihood to engage in pro-corporate behaviors in corporate social responsibility (CSR) scenarios or anti-corporate behaviors in corporate social irresponsibility (CSI) scenarios. The purpose of our exploratory study is to examine if the location of CSR or CSI activities influence pro and anti-corporation behavioral intentions.

Design/methodology/approach

A quantitative survey method is utilized (N = 1,450). Participants were Minnesota residents who volunteered to take the survey. Surveys were administered at the 2018 Minnesota State Fair.

Findings

Participants described corporations in their community more favorably than corporations located elsewhere and indicated a desire to have more corporations headquartered in their community. In instances of CSR, participants were more likely to engage in pro-corporate behaviors than if the corporation was located elsewhere. However, participants indicated a stronger likelihood of engaging in anti-corporate behaviors when CSI was enacted in their community than if the company was located elsewhere.

Originality/value

This study examines CSR and CSI concurrently, surveys community stakeholders rather than relying on existing databases (e.g. KLD Stats) that measure a limited set of CSR metrics, moves beyond descriptive accounts of CSR behaviors and financial outcomes associated with geography and extends stakeholder-organization relationship theorizing into the CSR/CSI context to interrogate the mutual interdependence between stakeholders and organizations.

Details

Corporate Communications: An International Journal, vol. 26 no. 4
Type: Research Article
ISSN: 1356-3289

Keywords

Article
Publication date: 13 July 2022

Megan Jean Parker and Mary Dodge

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly…

Abstract

Purpose

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

Design/methodology/approach

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

Findings

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Research limitations/implications

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Practical implications

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Originality/value

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

Book part
Publication date: 14 November 2012

Olusanmi C. Amujo, Beatrice Adeyinka Laninhun, Olutayo Otubanjo and Victoria Olufunmilayo Ajala

Purpose – This chapter examines how irresponsible corporate activities (environmental pollution, human rights abuses, tax evasion, corruption and contract scandals) of some…

Abstract

Purpose – This chapter examines how irresponsible corporate activities (environmental pollution, human rights abuses, tax evasion, corruption and contract scandals) of some multinational oil companies in the Niger Delta influence stakeholders’ perception of their image/reputation in Nigeria.

Methodology – The objective of this chapter is accomplished through the review of literature on the activities of multinational oil corporations in the Niger Delta, supported by qualitative interviews and analysis of archival materials.

Findings – Three important findings emerged from this study. First, the participants were fully aware of the irresponsible behaviours of oil corporations in the Niger Delta, and some oil corporations were involved in these illicit acts. Second, the analysis of archival materials supports the participants' views with reference to the identities of the corporations involved in these criminal acts. Third, the absence of a strong corporate governance system in Nigeria makes it possible for the officials of oil corporations to tactically circumvent the law by involving in a maze of sophisticated corrupt acts.

Research/practical implications – The implication for the academics and practitioners is evident when a corporation implements corporate social responsibility dutifully; it generates positive impact on its corporate reputation rating. Conversely, when a corporation engages in irresponsible corporate misbehaviours, it attracts negative consequences on its reputation.

Originality – The originality of this chapter lies in the fact that it is the first empirical study to examine the impact of corporate social irresponsibility on the image/reputation of multinational oil corporations in Nigeria.

Details

Corporate Social Irresponsibility: A Challenging Concept
Type: Book
ISBN: 978-1-78052-999-8

Keywords

Article
Publication date: 5 October 2015

Nicole Johnston and Eric Too

The purpose of this study is to develop a governance typology which identifies governance issues and outcomes. Multi-owned properties (MOPs) are a unique property type due to the…

Abstract

Purpose

The purpose of this study is to develop a governance typology which identifies governance issues and outcomes. Multi-owned properties (MOPs) are a unique property type due to the incorporation of a private governance association. Although there are jurisdictional differences, these associations are generally responsible for the management, maintenance and control of the commonly owned property; determining the contributions payable by each lot owner to the operation of the association; enforcing the rules of the association; and ensuring that records meet legislative requirements. Legislation for MOP schemes was enacted in different jurisdictions to guide the governance and management of these matters. However, challenges relating to the governance of MOPs have continued to be a problem as identified in the literature and practice.

Design/methodology/approach

The study first reviewed the legislation in three Australian states to identify specific governance categories and the legislative requirements related to those categories. To gain group opinion about the specific governance issues and outcomes, the Delphi method was utilised whereby industry experts participated in a two-round survey questionnaire.

Findings

A typology was developed as a result of consensus found between participants. The findings identified key governance issues and outcomes for MOPs.

Practical implications

The governance typology forms the basis for the development of a more comprehensive audit tool for the assessment of governance quality in individual schemes.

Originality/value

This paper is the first of its kind to collate issues impacting upon effective owners’ corporation governance and the potential outcomes associated with poor governance practices in MOPs.

Details

International Journal of Housing Markets and Analysis, vol. 8 no. 4
Type: Research Article
ISSN: 1753-8270

Keywords

Book part
Publication date: 18 November 2014

Alexis Downs and Beth Stetson

This chapter applies an “integrative” model to examine the impact and interaction of economic and moral/social factors in the corporate tax compliance context. More specifically…

Abstract

Purpose

This chapter applies an “integrative” model to examine the impact and interaction of economic and moral/social factors in the corporate tax compliance context. More specifically, it examines whether social norms moderate the effect of economic factors in this context.

Design/methodology

Fifty-five MBA students assumed corporate CFO roles and analyzed a proposed aggressive corporate tax shelter transaction (“tax shelter”). Participants indicated whether they would recommend the tax shelter and answered questions regarding the transaction and their corporate tax compliance views.

Findings

Hierarchical Regression results indicate that, in the corporate tax compliance context, decision makers’ norms (moral/social factors) moderate the effect of perceived expected value of aggressive tax transactions (economic factors). More specifically, results indicate that (1) perceived legality of aggressive corporate tax transactions significantly impacts willingness of corporate decision makers to recommend them, even when controlling for perceived economic effect of the transaction, and (2) due to moral/social factors, corporate decision makers often may not support aggressive tax treatments with material positive expected values.

Practical implications

Accordingly, (1) custom and social factors should be integrated into the corporate tax compliance decision-making framework, and (2) campaigns to strengthen corporate tax compliance should focus on the law’s text and intent as well as upon sanctions for noncompliance.

Details

Advances in Taxation
Type: Book
ISBN: 978-1-78441-120-6

Keywords

Article
Publication date: 1 June 2000

George K. Chako

Briefly reviews previous literature by the author before presenting an original 12 step system integration protocol designed to ensure the success of companies or countries in…

7206

Abstract

Briefly reviews previous literature by the author before presenting an original 12 step system integration protocol designed to ensure the success of companies or countries in their efforts to develop and market new products. Looks at the issues from different strategic levels such as corporate, international, military and economic. Presents 31 case studies, including the success of Japan in microchips to the failure of Xerox to sell its invention of the Alto personal computer 3 years before Apple: from the success in DNA and Superconductor research to the success of Sunbeam in inventing and marketing food processors: and from the daring invention and production of atomic energy for survival to the successes of sewing machine inventor Howe in co‐operating on patents to compete in markets. Includes 306 questions and answers in order to qualify concepts introduced.

Details

Asia Pacific Journal of Marketing and Logistics, vol. 12 no. 2/3
Type: Research Article
ISSN: 1355-5855

Keywords

Article
Publication date: 27 March 2023

Xueying Zhang and Ziyuan Zhou

Employing cognitive dissonance theory, this study examines how consumers’ preexisting attitudes toward an issue, value involvement with the issue and consumer-company…

Abstract

Purpose

Employing cognitive dissonance theory, this study examines how consumers’ preexisting attitudes toward an issue, value involvement with the issue and consumer-company identification (CCI) influence their reactions to corporate social advocacy (CSA) through cognitive dissonance.

Design/methodology/approach

Study 1 conducted a 2 (CSA position: pro vs anti) × 3 (preexisting issue attitude: pro vs neutral vs anti) online quasi-experiment. The CSA messages were created in the context of same-sex marriage(s). Study 2 tested the hypotheses using an online survey in the context of gun control.

Findings

The results indicated that a conflict between consumers’ preexisting attitudes and a corporation’s stance on a controversial issue led to cognitive dissonance, which further led to consumers’ perceptions of the corporation being biased in both studies. Study 1 and Study 2 suggested a mixed effect of cognitive dissonance on participants’ inclination to disidentify with the corporation. Preexisting CCI appeared to have a direct negative influence on cognitive dissonance; however, value involvement and preexisting CCI were not found to significantly enhance the influence of consumers’ attitudes toward CSA on cognitive dissonance.

Originality/value

The study first extended the theoretical discussion of cognitive dissonance to a trendy strategic communication context. The results help public relations practitioners to better understand the segmented public groups and the risk of taking a stance on controversial issues.

Details

Journal of Communication Management, vol. 27 no. 4
Type: Research Article
ISSN: 1363-254X

Keywords

Article
Publication date: 12 October 2015

Joost Fledderus

Co-production of public service delivery is believed to foster trust among users, but little empirical work is devoted to this assumption. Public sector organizations have…

3187

Abstract

Purpose

Co-production of public service delivery is believed to foster trust among users, but little empirical work is devoted to this assumption. Public sector organizations have therefore little knowledge about the conditions that determine whether co-production leads to trust. The paper aims to discuss these issues.

Design/methodology/approach

A longitudinal mixed method is used, following participants of a co-produced activation programme over time (n=60). Quantitative methods are employed to investigate changes in trust levels, whereas qualitative methods are used to explain these changes and explore conditions for trust-building.

Findings

After a half year, trust in the service provider, trust in local government and generalized trust decreased significantly among co-producing participants. Particularly, a decrease in trust in fellow participants strongly related to decreases in trust in the service provider and generalized trust. Qualitative evidence indicate that motivation during the co-production decreased, as well as personal control. Organizational support and user commitment show to be important conditions for building trust.

Research limitations/implications

The study draws upon a small sample, limiting possibilities for statistical analysis. Also, comparison with other types of service delivery is required to safely assign the effects to co-production.

Originality/value

Longitudinal studies on co-production are rarely performed. Additionally, the findings indicate a more critical approach to the effects of co-production, which are often assumed to be positive for the public sector and citizens.

Details

International Journal of Public Sector Management, vol. 28 no. 7
Type: Research Article
ISSN: 0951-3558

Keywords

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