俄罗斯企业家精神中的公司冲突特征

O. Osipenko
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摘要

本文基于对俄罗斯当前经济、公司管理和仲裁司法执法实践的研究结果,概述了俄罗斯联邦公司冲突现状的主要特征和演变趋势。其中,考虑了以下相互关联的趋势:a)国内经济中资本集中度极高的指标-公司对业务结构的权利以及作为股东对抗的基本先决条件的微型少数股东层“洗净”趋势的持续;B)国内公司治理领域的“影子”关系过度膨胀,管理决策的高度延迟成为冲突的根源;C)企业冲突各方积极使用刑法方法对直接对手及其盟友施加压力;d)国家(俄罗斯联邦,其组成实体,市政当局)在不直接影响其法律利益的公司冲突领域中的突出作用;E)解决不在法律领域的公司冲突的高水平方法;F)由于相当一部分“积极投资者”的专业准备不足,在公司管理的适用制度和方法效率低下的背景下,他们很少意识到国内公司纠纷的情景悲剧;G)公司治理体系主体之间存在严重分歧,这通常会影响到像控股公司一样组建的一组公司的很大一部分;h)俄罗斯联邦的公司冲突数量惊人,表现为对等公司的所有者相互指责;1)中大型企业领域的公司冲突,这是国内投资实践转向纯短期视角的结果;J)企业冲突的过度“心理化”,管理对抗的参与者拒绝利用对企业紧急情况采取适当反应措施的经济效率标准——对预期结果和相关成本的比较。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features of Corporate Conflicts in Russian Entrepreneurship
Based on the results of a study of current Russian economic, corporate management and arbitrationjudicial law enforcement practice, the article outlines the main features of the state and trends in the evolution of corporate conflict in the Russian Federation. Among them, the following interrelated trends are considered: a) an extremely high measure of the concentration of capital in the domestic economy – corporate rights to business structures and the persistence of the trend to “wash out” the layer of micro-minority shareholders as a fundamental prerequisite for shareholder antagonisms; b) hypertrophy of “shadow” relations in the field of domestic corporate governance and a high degree of latency in managerial decisions as a source of conflict; c) active use by the parties of a corporate conflict of criminal law methods of pressure on a direct opponent and his allies; d) the prominent role of the state (the Russian Federation, its constituent entities, municipalities) in the sphere of corporate conflicts that do not directly affect its legal interests; e) a high level of methods of resolving corporate conflicts that are not located in the legal field; f) the scenario tragedy of domestic corporate disputes due to the professional unpreparedness of a significant part of “active investors”, which is rarely perceived by them in the context of the inefficiency of the applied systems and methods of company management; g) tough disagreements between the subjects of the corporate governance system, which usually affect a significant part of a group of companies built like a holding company; h) an impressive volume of corporate conflicts in the Russian Federation, represented by mutual reproaches of coowners of parity companies; i) corporate conflict in the sphere of moderately large and medium-sized businesses, which is a consequence of the orientation of domestic investment practice towards a purely short-term perspective; j) excessive “psychologization” of corporate conflicts, the refusal of the participants in the managerial confrontation to exploit the criterion of economic efficiency of appropriate response measures to emergency corporate situations – a comparison of expected results and associated costs.
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