Коллизии как источник развития права
This chapter describes basic approaches to the study of socio-psychological climate of the organization and its structural components and the formation factors, discussed problems of diagnosis of socio-psychological climate and its relationship to job satisfaction and efficiency of joint activities. General description of the conflicts in the organization, their typology and the main methods of conflict resolution are presented.
The main focus of this paper is the analysis of problems in the field of legislative regulation of the international abduction of children in Russia as well as of the perspectives and obstacles of the implementation of the Convention on the Civil Aspects of International Child Abduction. Russia acceded to the Convention one year ago. Author aims to study the progress achieved during this period in the field of setting the mechanisms prescribed by the Convention and in bringing Russian legislation in the conformity with standards stipulated in the Convention.
The authors discuss why conflicts emerge and how they are settled in different African regions and countries. Prospects for their peaceful resolution are studied. Basing on case studies, the authors propose theoretical approaches to conflicts.
The idea of ligalization of bribe giving for certain types of bribes was expressed by K. Basu in 2011 and got a name Basu proposal. In this paper we discuss effects that can be caused by the direct implementation of this proposal. Our game-theoretic model shows that while legalisation of certain bribe-giving occurances can lead to some positive consequences, it is not always a good idea to return bribe to the bribe-giver as suggested by Basu. The chance to get the paid bribe back increases the amount of bribes that end up in corrupt officials' pockets.
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
This article is devoted to the Digest of the Laws of the Russian Empire – an embodiment of the operative legal system in late imperial Russia. Even though the Digest contained the law in force, and thus should be studied as a crucial source on Russian (legal) history, its meaning has been often overlooked. The reason for that is a remarkable difference between the original texts of laws adopted by the legislator, and their published form in the Digest. This difference came from the necessary editing procedures when every new piece of legislation was included in the existing system of the Digest. This strange feature of legal procedure when two different versions of a particular law – the original one and the one codified in the Digest – both remained in force should be considered as a part of official autocratic legality in late imperial Russia. Even though it may seem inefficient and irrational, the practice of obligatory codification of laws in the Digest existed for a rather long time – from 1835 until 1917. My research aims to find possible explanations for the Digest’s prolonged existence in the context of political and legal culture of late imperial Russia. What did Russian ‘official legality’ actually mean on the levels of theory and action?
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.