Kibanov Zakharov ethics of business relations. business ethics textbook

As a result of studying this chapter, the student will:

• - know, what subjects are engaged in information support of the business sphere, what legal problems exist arising from this type of special activity of subjects, directions for ensuring information security within the enterprise, organization, institution;
• - be able to correctly determine the strategy and tactics information support business areas;
• - own knowledge about how to protect information within an enterprise, organization, institution, about the automated control system, or Enterprise Resource Planning System (ERP), which allows you to automate activities in the field of presentation and protection of information in the field of entrepreneurship.

Organization of information support for business activities

For modern stage The development of society is characterized by an increase in the role of the information sphere, which includes numerous blocks of various information, the information structures themselves, as well as subjects that collect, form, distribute and use information resources. The information sphere as a system-forming factor in the life of society actively influences the state of the political, economic, defense and other components of the security of the Russian Federation.

Illegal access to commercial, banking secrets can cause significant material damage to the organization, as well as image costs. In order to protect yourself from information leakage, it is advisable within the enterprise to develop local acts that can be called differently: provisions on confidential information, lists of information that are not subject to disclosure, etc. Employees must be familiarized with such acts against receipt.

For a correct understanding, it is necessary to clarify what the object and subjects of information support of entrepreneurship are, what functions the organization of the information support system performs at different levels of the enterprise.

First, the object and subjects of the business information support system are closely interrelated. Secondly, the object of the information support system as a whole is the stable economic condition of the subject entrepreneurial activity in the current and prospective period. The specific objects of information support are information and other resources: financial, material and technical, personnel, etc.

It is possible to single out two groups of entities providing information support for entrepreneurship: external and internal. To external subjects include bodies of legislative, executive and judicial power, designed to provide information to all, without exception, law-abiding participants in business and other relations; and their activities cannot be fully controlled by the entrepreneurs themselves(at least in modern Russian reality). These bodies form the legislative basis for the functioning and protection of entrepreneurial activity in its various aspects and guarantee the stability of information relations in the interests of all citizens of the country.

Internal actors - these are persons directly carrying out activities to protect the information security of this particular business entity. Employees of the enterprise's own security service can act as such subjects; invited experts and consultants providing information Services in order to protect business activities.

The administration of the enterprise carries out information support of its own activities on the basis of a certain strategy and tactics.

Strategy information support for entrepreneurship involves a long-term approach to achieving the goal. It should include, first of all, a system of preventive measures for the protection of confidential information, implemented through regular, continuous work structural subdivisions of the organization for verification of counterparties, analysis of proposed transactions, examination of documents, compliance with the rules for working with documentation, etc. A strategy of reactive measures can also be developed, based on the application of a situational approach and implemented through a system of measures specific to a given situation.

Tactics business information support includes the application of certain procedures and the implementation of specific actions in order to counter emerging threats. Such actions, depending on the situation, may be, for example, taking additional measures to protect trade secrets; creation of a computer security unit; presentation of oral or written claims to the offending counterparty; appeal to law enforcement or court.

So, among the main areas of information support for entrepreneurship, we can distinguish:

• - conducting inspections in the structural divisions of the enterprise and providing practical assistance on information support for their activities;
• - organization and implementation of the protection of confidential information;
• - development and implementation of local acts, for example, provisions on trade secrets;
• - automation of security information;
• - gradual transition of divisions to paperless (electronic) document management;
• - checking the rules for conducting closed records management;
• - verification of employees for compliance with the rules for ensuring information and economic security.

There are certain requirements for the organization of information support for entrepreneurial activity, among which the following can be distinguished.

• 1. legality assumes that the activities of persons providing information security must be legal, otherwise the entire protective mechanism may turn out to be unreliable due to the fault of the business entity itself. As adverse consequences, various kinds of sanctions by law enforcement agencies, involvement as a defendant in court, blackmail by criminal structures, etc. are possible.
• 2. Complexity, i.e. possible interaction of all departments of the enterprise in order to ensure the necessary level of protection, create a climate of cooperation and trust.
• 3. Economic expediency, which means that, first of all, it is necessary to organize the information security of those objects, the costs of protecting which are less than the losses from their illegal use. In this case, the financial capabilities of the organization should also be taken into account.
• 4. Continuity, suggesting that the functioning of an integrated system for ensuring the information security of entrepreneurship should be carried out constantly.
• 5. Efficiency It is ensured by the speed of special information services and the effectiveness of the measures taken to bring the necessary information along the technological chains, as well as timely informing the administration of the enterprise.
• 6. Coordination and accountability of the information security system to the management of the business entity. This is necessary, firstly, so that the local security system does not turn out to be focused on solving narrow tasks, without taking into account the interests of partners and other structural units; secondly, for a correct assessment of the effectiveness of the enterprise information support system and its possible improvement.

Within the framework of the enterprise, the organization of the information security service should be provided. Among the subjects that ensure the protection of the information security of entrepreneurial activity, the most important is the service of its own security, of course, if entrepreneurs have the necessary financial resources. There are a number of stages recommended to entrepreneurs when ensuring information security.

• 1. Making a decision to create an enterprise information security system. This question should arise at the time of making a decision on the organization law firm depending on the type of activity chosen, the nature of the proposed services, the use of private information, the number of employees, etc. On the general meeting the founders need to foresee the possibility of creating a special service and allocate responsibilities. After the state registration of the organization, the leaders make the final decision, determine the responsible persons who will be directly involved in the organization of the information security service.
• 2. Determination of common tasks to ensure the information security of the enterprise. This includes the identification of suspected threats, their prevention, the establishment of specific objects of protection (information, computer systems, access keys, premises security).
• 3. Development of a regulation on ensuring the information security of an enterprise, definition of structure and personnel persons involved in this work.
• 4. Selection and placement of personnel. Information security personnel can be people with special skills and who can work with information technology. An important and key condition is professional training. In practice, preference is given former employees law enforcement agencies (Ministry of Internal Affairs, FSB, prosecutor's office) with relevant work experience.
• 5. Direct organization and functioning of the information security service of the enterprise. The work of the information security structural unit is regulated by a number of local acts that should be developed within the enterprise. Persons providing information security are prohibited from providing other services not related to work own enterprise. In the process of activity, a skillful placement of personnel, distribution of rights and duties plays a significant role. An important factor is a flexible incentive system for service workers. Funding is usually provided from profits. Saving money usually results in much larger losses.
• 6. Control over activities to ensure information security. To maintain a high level of production discipline, as well as to effectively counteract various hacks and information attacks, it is necessary to constantly monitor and analyze the results of this activity. For this, the following are carried out:
  • - regular current reports of employees involved in information security to the management of the company;
  • - unscheduled reports on protection against specific threats and on the organizational and technical measures taken;
  • - analysis of reports and formation of the position of management regarding the effectiveness of the information security system of the enterprise. An important element maintaining a high level of protection is to improve the business skills of employees involved in information security, which is achieved by constantly improving their qualifications and retraining (at least every three years).

The role of planning and operational management of the enterprise

Planning is the basic condition of management.

Information needed for strategic planning:

Information about the indoor environment:

Financial resources - Information resources

Technical and technological resources - Legal resources

Human Resources- Intellectual resources

Information about external environment:

The general state of the world economy - The state of markets, individual goods and services

General state of the Russian economy

State of the branch markets - Direct contacts of firms

Management: strategic planning and operational planning, marketing research.

The basis for developing an enterprise development strategy is an objective analysis of the external environment.

Particular attention is paid to demand, supply and working conditions.

Demand study:

1) Market capacity research;

2) Study of the buyer's requirements for the product and the level of purchasing power;

3) Analysis of market development prospects;

Proposal study:

1) Research on the production of goods in the local market

2) Explore the possibility of increasing supply through imports, exports and changes in stocks

3) Studying and evaluating the activities of competitor firms

4) Analysis of the prospects for the development of production and product renewal

Research of working conditions in the market:

1) Studying the forms and methods of trade and commercial practices

2) Studying the conditions for the movement of goods

3) Study of possible distribution channels for goods

4) Study of the possibility of producing goods on the local market

5) Study of legal issues of activity in the market

Research of the potential opportunities of the company:

1) Analysis economic activity

2) Analysis of product competitiveness

3) Analysis of the competitiveness of the company itself

On the basis of a business plan, they can issue loans, attract potential partners, etc.

Information needed to develop a business plan:

Business plan section	External Information	Inside Information
1) Market analysis	Information about market capacity, market segmentation, economic, scientific and technical, demographic, environmental factors on the market. Information about the legislation.
2) Production plan	Information about possible suppliers, raw materials, completing articles. Information about technologies, licenses necessary for production.
3) Financial plan and funding strategy	Statistics, forecasts further development, loan rates, prices for electricity, water, raw materials, labor. Tax legislation and exchange rates	Information about the company, the initial balance sheet, the costs of the enterprise, sales indicators, Information balance, sales indicators, production activity indicators, the cost of fixed assets, working capital, current financial information
4) Marketing plan A) competitor research B) price research C) product distribution and sales research	A) information about competitors: their weak and strengths, their market share B) price information for similar products	B) the cost of developing and manufacturing products
5) Risk assessment and insurance	The state of banking structures and their reputation. Information about the reliability of all with whom the enterprise wants to do business. Exchange rates. The political situation in the country, the criminal situation in the country. Possible Insurance companies, their reputation.
6) Legal support of the company's activities	Legal system: tax system, patent protection, basic consumer rights and their protection; information about licenses required for production; laws against environmental pollution.

Information required for analysis foreign market:

Field of study	Necessary information
1) Demand analysis	The level of purchasing power of the population, the level of income of the population.
2) Offer	Statistical indicators for the industry, structure of the enterprise, price levels for goods of various models, market shares of large firms, prospects for the development of the enterprise, the state and development trends of the relevant product market.
3) Analysis of market development prospects	Estimates of the further structure of consumer demand, information on fluctuations in market prices, information on the state of the main representatives of the industry.
4) Studying and evaluating the activities of competitor firms	Sales volumes of manufactured products, the share of competing firms in total market sales, information on manufactured goods, types and volumes of services, types of transportation, financial position of firms, commercial terms of transactions, scientific and technical potential and achievements of competitors.
5) Study of commercial practices, transport, legal, trade-political and other conditions in the country	Standard, exchange and auction contracts, features of the conditions of international transactions, conditions for bidding, shipping tariffs, railway tariffs, legislation on foreign economic activity, assess trade and political conditions.
6) Selection of a business partner for an enterprise engaged in foreign economic activity	General information about the company, statistical indicators of activities, competitiveness of the partner in the market

Methodology for solving lending problems in a bank and the requirement for information support:

Information and analytical work related to resolving the issue of issuing a loan takes place in two stages:

1) Verification financial condition borrower

2) Checking the business plan

Information required to screen a potential borrower:

Field of study	External Information	Inside Information
1) Verification of the nature of the borrower 2) Verification of the industry of the borrower 3) Evaluation of the position of the borrower in the industry 4) Documentary verification	Where and for what amounts the borrower applied (credit history), frequency of applying for a loan, whether there were delays in payments, current debt in banks, information that characterizes the reputation of the company in a certain way, special ratings reflecting the financial position of the company. Growth and size of the market, nature of products in a given market, technological level in a given market, major suppliers, investments, review of legislation in force in a given market, government influence on market entry. Competitive prices, strong and weak sides of manufactured products, production volumes, production capacities.	Accounting Report. production costs. Constituent documents, existing contracts and projects; balance, payment documents; licenses for certain types of activities; feasibility study, business plan; BTI certificate, cargo customs declarations.

Checking the business plan:

The Bank checks the reliability of the initial information on the basis of which the business plan is built and the correctness of the processing of the initial information.

2 schemes by which the company works with information:

1) Centralized scheme. The company selects a division. It is entrusted with the task of obtaining information from external sources in the interests of all departments.

2) Decentralized. Each division operates separately from each other.

1.1. The concept of information and types of information relations.

Within the framework of business (economic) law, we consider three types of legal relations. First, the relations that develop in the course of entrepreneurial activity; secondly, the relations that develop in the process of regulating this activity; and, thirdly, corporate (or on-farm) relations.

All of these relationships are related to the collection, processing and transmission of information.

Speaking about the information support of entrepreneurial activity, one should consider all relations in which an economic entity participates with consumers, other economic entities, government agencies, as well as between structural divisions business entity. Let's try to identify the largest groups of information relations, i.e. relations regarding the collection, processing, use and transfer of information arising in the business sphere.

Participants the first group of information relations are state bodies authorized to receive certain information in in accordance with a certain regulatory act, on the one hand, and economic entities engaged in entrepreneurial activities, which are obliged to provide this information to this body, on the other.

The legal regulation of these relations is of a public law nature and mainly concerns the control of state bodies over compliance with the legal requirements for entrepreneurial activity.

Thus, the Law of the RSFSR of March 22, 1991 "On competition and restriction of monopolistic activity on commodity markets»* (as amended on May 25, 1995) provides for the obligation of commercial and non-profit organizations(their heads), federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments (their officials), citizens, including individual entrepreneurs, at the request of the federal antimonopoly body (territorial body) to submit reliable documents, written and oral explanations and other information necessary for the federal antimonopoly body (territorial body) to carry out its lawful activities.
* Air Force of the RSFSR. 1991. No. 16. Art. 499.
The second group consists information relations arising between state bodies in connection with the regulation of entrepreneurial activity. So, by order of the State Committee of the Russian Federation on Statistics and tax service RF dated August 22, 1996 No. VA-3-09/71 “On Information Interaction between State Statistics Bodies and Tax Authorities” provides for the maintenance of the Unified State Register of Enterprises and Organizations (EGRPO) and the State Register of Taxpayers (GRN) using all-Russian classifiers technical, economic and social information, as well as the procedure for the exchange of information (in the form of copies of reports) on economic entities that have not submitted an accounting report to the tax authorities or state statistics authorities.

This normative act establishes that the exchange of information between statistical and tax authorities is carried out free of charge both on paper and in an automated mode according to an agreed technology, taking into account information protection requirements.

The regulation of the relations of the groups of information relations discussed above is mainly aimed at providing information to state bodies that regulate business activities for the most effective decision-making in this area.

The third group is combined relations arising from the provision by state bodies of information collected by virtue of their competence at the expense federal budget, economic entities on the basis of the obligation of these bodies to provide it, enshrined in the regulatory act.

In the most general way, the Federal Law of February 20, 1995 No. 24-FZ “On Information, Informatization and Information Protection” * (in paragraph 4 of Article 12) determines that the bodies state power and organizations responsible for the formation and use of information resources, provide conditions for prompt and complete provision to the user documented information in accordance with the obligations established by the charters (regulations) of these bodies and organizations.
*SZ RF. 1995. No. 8. Art. 609.
Article 13 of this Law entrusts the bodies of state power and local self-government with the creation of information resources available to each user on the activities of these bodies and organizations subordinate to them, as well as the implementation within the competence of mass information support of users on the rights, freedoms and duties of citizens, their security and other matters of public interest.

The procedure for using information from state information resources, as established by this Law, is determined by the owner of these resources independently on the basis of the current legislation, their charters and regulations, as well as contracts for information services. However, this Law does not define any fundamental provisions that the owners of information resources should be guided by when determining such an order.

As an example legal regulation information relations of the third group can be called "The procedure for providing information on state registration of rights to real estate and transactions with it", approved by Decree of the President of the Russian Federation of August 27, 1996 No. 1270 *. This Procedure establishes the rules for the provision by bodies exercising state registration rights to real estate and transactions with it in accordance with Decree of the President of the Russian Federation of February 28, 1996 No. 293 "On additional measures to develop mortgage lending" ** , information on state registration of rights to real estate and transactions with it to all users interested in obtaining it - citizens, legal entities, state authorities and local governments.

Registration information is provided on the basis of a written request, which indicates the name of the property, its location, the name of the applicant, and is issued for a fee. The procedure for establishing a fee for providing information and using the funds received is determined by the Government of the Russian Federation.

Upon a reasoned request from a law enforcement, judicial or tax authority, it is provided with any information (not only on a specific real estate object) that is at the disposal of the body that carries out state registration of rights to real estate and transactions with him. Information is provided to these authorities free of charge.

In the Regulations on the State Committee Russian Federation on statistics, approved by Decree of the Government of the Russian Federation of July 9, 1994 No. 834 ***, it is determined that one of the main tasks of the Goskomstat of Russia is to provide all users with equal access to open statistical information by distributing official reports on the socio-economic situation of the Russian Federation, subjects of the Russian Federation, industries and sectors of the economy, publication of statistical collections and other statistical materials (citizens as users of statistical information are not mentioned, everything is limited to official publication).
**SZ RF. 1996. N° 10. Art. 880.

** SZ RF. 1994. No. 13. Art. 1522.

*** SZ RF. 1996. No. 36. Art. 4198.
Statistical work that is not included in federal statistical programs is carried out by state statistics bodies at the expense of the customer, including orders from the Administration of the President of the Russian Federation, the Government of the Russian Federation, the Federal Assembly of the Russian Federation - at the expense of the federal budget, and by orders of state authorities subjects of the Russian Federation - at the expense of the corresponding budget.

The information relations of the group under consideration are regulated not only at the federal level, but also at the level of the subjects of the Federation. For example, the order of the mayor of Moscow dated November 16, 1995 No. 606-rm "On the introduction of amendments and additions to the Regulations of the Moscow City Hall" establishes that the owner of information resources, information systems mayor's office of Moscow, created at the expense of the state budget, extra-budgetary funds, as well as received by other statutory ways, is the mayor's office and the government of Moscow, which determine users (consumers), as well as the conditions for the use and disposal of information that is the property of the mayor's office and the government of Moscow in accordance with the established procedure.

It should be noted that the question of the possibility of applying the institution of ownership to information is rather controversial, but in this context, we are only interested in the fact of regulating information relations that arise at this level.

The regulation of information relations of this group is aimed primarily at ensuring free access to information necessary for business entities for entrepreneurial activities.

1.2. Legal forms of realization of information relations.

In the modern period, there is a process of transition from the distribution of information from top to bottom to its free circulation as a commodity. Thus, economic entities appear, professionally carrying out activities aimed at creating this specific product. In economic circulation, the latter can act as an information product or information service.

Thus, a completely different type of information relations appears, which already arise in the private law sphere. We are talking about information relations, in which, on the one hand, there are economic entities that carry out information activities in a particular area professionally (it is also one of the types of entrepreneurial activity), and on the other hand, the user. The contractual form of legal regulation is mainly applied to these information relations.

Neither the legal doctrine nor the current norms of law know such terms as "information transfer agreement", "information product transfer agreement" or "information agreement".

In practice, there are many different types of contracts that contain the transfer of certain information in one form or another. First, the object of such contracts can be the result of creative activity. In this case, the creation and transmission of this type of information is governed by copyright rules, which, while protecting the form in which such information is invested, seem to imply protection of the content. And then used copyright or copyright (license) agreements as a contractual form of regulation.

The following types of contracts that can be used in this area are contracts for the performance of research, development or technological work, provided that the result of such implementation is an information product or service. As an example, one can also mention contracts for the transfer of "know-how", which is usually understood as information of a technical, organizational and commercial nature, i.e. knowledge necessary for the process of producing a product or providing a service and constituting a trade secret.

Only some types of contracts known to legislation or legal practice were named here. In fact, it is widely used contracts for information and consulting services, consulting, provision of information and marketing services, which have the subject of collecting and providing a certain kind of information. However, the content of these contractual relations is not regulated by law, the parties determine it independently based on the principle of freedom of contract and non-violation of the general provisions on obligations enshrined in the current legislation.

Information relations of a private law nature can be understood not only where one of the participants is a person carrying out information activities, but also between any business entities. For example, between the Federation of Stock Exchanges of Russia and the exchanges was signed Protocol agreements on information exchange, which regulates the exchange of information electronic networks, in compliance with the uniform rules for encoding files, and information transmitted in files. It was also established that, upon agreement of the parties, the materials received by the parties may be transferred to third parties, including for publication in the media.

Information relations that arise in intra-economic relations are regulated by the norms developed by the management bodies of an economic entity, or, in other words, corporate ones. Guided by Art. 139 of the Civil Code, an economic entity may determine a list of information that contains information that has actual or potential commercial value due to its unknown to third parties.

The adoption of appropriate corporate acts may restrict free access to such information, as well as establish measures taken to protect their confidentiality. Examples of such regulations are Regulation on confidential information, establishing a list of confidential information, and job descriptions that establish requirements for working with information obtained in the process of fulfillment by an employee official duties.

§ 2. The main directions of information support for business activities

2.1. Formulation of the problem.

In the modern period, the issue of the emergence and development of an independent sector of the economy - the information sector, as well as the creation of an information infrastructure for the market and the economy as a whole, is becoming increasingly relevant.

Note that in All-Union classifier"Sectors of the national economy", approved State Committee USSR on Statistics, the State Planning Committee of the USSR and the State Committee of the USSR on Standards on January 1, 1976 (with amendments No. information and computing services and general commercial activity to ensure the functioning of the market (intermediary services; services of organizations that assist in setting up equipment, in processing new technologies, in selling and acquiring know-how, patents and licenses, as well as advertising, auditing and marketing activities).
* At the same time, the sphere of material production, as established in this regulatory act, includes all types of activities that create material benefits in the form of products, energy, movement of goods, storage of products, sorting, packaging and other functions that are a continuation of production in the sphere of circulation.
Thus, in addition to regulating emerging information relations related to entrepreneurial activities (which were discussed earlier), there is a need for legal intervention in the development of the information environment of the market, where these information relations first of all arise, in order to ensure equal access to the necessary information, freedom of exercise entrepreneurial activity, as well as maintaining competition and limiting the monopoly ownership of certain information by individual business entities and government agencies.

In order to develop and maintain the normal functioning of the information infrastructure of the economy as a whole, as well as its information sector, federal regulation is based on the following basic fundamental provisions.

2.2. Creation of information infrastructure.

In this regard, the state directs its efforts to the most complete satisfaction of the information needs of economic entities. To this end, it contributes in every possible way to the creation of business information support systems that combine information centers, databases and data banks using unified software and hardware and developed data transmission networks, highlighting the most underdeveloped business areas in this regard.

This goal is mainly pursued by Decrees of the Government of the Russian Federation of December 1, 1994 No. 1319 “On Information Support for Entrepreneurship in the Russian Federation”* and of December 29, 1994 No. 1434 “On the Network of Regional Small Business Support Agencies”**.

In connection with information support small business can be called the Federal Law of June 14, 1995 No. 88-FZ “On state support small business in the Russian Federation”***, art. 16 which aims (but does not oblige) federal authorities executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments to develop and implement measures to create an appropriate information infrastructure in order to obtain economic, legal, statistical, production, technological and other information necessary for their effective development, and for the purpose of exchanging information between them.

* SZ RF. 1994. No. 32. Art. 3364.

** SZ RF. 1995. No. 2. Art. 143.

*** SZ RF. 1995. No. 25. Art. 2343.
Decree of the Government of the Russian Federation of November 24, 1992 No. 908 “On measures to organize information support for Russian and foreign investors on privatization state enterprises» * in order to ensure regular informing of Russian and foreign investors about the possibilities of their participation in the privatization of state enterprises, the Ministry of Property Relations of the Russian Federation obliges the Ministry of Property Relations of the Russian Federation to organize and coordinate the work of state administration bodies of the Russian Federation with foreign investors in the course of the privatization of state enterprises, including the collection and processing of information, as well as the development information support systems potential investors. In this regard, the State Investment Promotion Information Center is being established.
* SAP RF. 1992. No. 22. Art. 1914.

2.3. Information transparency and access to information.

The state initially defines only some areas of market relations, where the consolidation of the mechanism for ensuring access to information is one of the conditions for equal and free interaction of participants in these relations.

Particular attention is currently paid to information support of the market valuable papers. Before acceptance federal law dated April 22, 1996 No. 39-FZ "On the securities market" **, in which sect. IV is completely devoted to the information support of the securities market, some attention was also paid to this issue. Thus, Letter No. 05-01-06 of the Ministry of Finance of Russia dated November 12, 1992 “On the provision of information by stock exchanges and stock exchange departments” *** established the obligation of stock exchanges and stock exchange departments to submit monthly information on the results of exchange activities to the Ministry of Finance of the Russian Federation on the securities market and on the admission of securities and quotation on the stock exchange. Decree of the President of the Russian Federation of July 3, 1995 No. 662 "On measures to form an all-Russian telecommunications system and ensure the rights of owners in the storage of securities and settlements on the stock market of the Russian Federation" (as amended on August 16, 1995 and January 4, 1996 d.) * identified the need to develop uniform standards for the implementation and registration of transactions in the financial market of the Russian Federation, including in the securities market, ensuring the confidentiality of commercial transactions, the independence of their participants, information protection, accounting and protection of the rights of owners, as well as state and public control for compliance with the antimonopoly legislation of the Russian Federation. letter of instruction Central Bank RF dated August 4, 1995 No. 183 "On Approval and Enactment of the Regulations on the Procedure for Disclosing Information on Banks and Other Credit Institutions - Issuers of Securities in the Russian Federation" fixed the obligation of commercial banks and other credit organizations that publicly place the securities they issue, to disclose the information contained in the registration documents.
* SZ RF. 1995. No. 28. Art. 2639.

** SZ RF. 1996. No. 17. Art. 1918.

*** VG. 1992. No. 47.
The purposeful policy of the state to increase the level of information transparency of the securities market was initiated by the Federal Law "On the Securities Market", which established general provisions concerning the order and procedure for disclosing information, the use of proprietary information, requirements for advertising on the securities market.

Following the Law, the Concept for the Development of the Securities Market in the Russian Federation, approved by Decree of the President of the Russian Federation of July 1, 1996 No. 1008 *, outlined ways for further development of the information openness of the securities market, proposing a program of measures aimed at raising the standards of information disclosure and information transparency of the market securities, or otherwise - the State Information Initiative.
* SZ RF. 1996. No. 28. St, 3356.

§ 3. Legal regime of information

3.1. Information confidentiality.

The direction of legal regulation of information support for entrepreneurial activity is the consolidation of a certain regime for certain types of information.

General provisions regarding the establishment various categories access to information, and, accordingly, the types of information, are fixed by the Federal Law of February 20, 1995 "On Information, Informatization and Information Protection". Article 9 of the Law determines that information resources may be classified as the all-Russian national property, the legal regime of which is established by federal law. In Art. 10 states that the state information resources of the Russian Federation are open and publicly available. The exception is documented information referred by the Law to the category of restricted access, which, in turn, is subdivided into information classified as state secret, and confidential.

To date, there are two regulations that define the list of confidential information. We are talking about the Decree of the President of the Russian Federation of March 6, 1997 No. 188 “On Approval of the List of Confidential Information”* and the Resolution of the Board pension fund RF dated August 30, 1996 No. 123 “On Approval of the List of Information Constituting Confidential Information”, which relates to the information on payers of insurance premiums (personal data) specified in this regulatory act, as well as information that discloses the system, means and methods of protecting information on computer equipment of the Pension Fund from unauthorized access, as well as the values ​​of valid codes and passwords.

Article 11 of the Federal Law "On Information, Informatization and Information Protection", as well as clause 1 of the List of Information of a confidential nature, approved by Decree of the President of the Russian Federation of March 6, 1997 No. 188, personal data are classified as confidential information, i.e. facts, events and circumstances of the private life of a citizen, allowing to identify his personality.
*SZRF. 1997. No. 10. Art. 1127.
The said Federal Law determines that legal entities and individuals who, in accordance with their powers, own information about citizens, receive and use it, are liable in accordance with the legislation of the Russian Federation for violation of the protection regime, processing and procedure for using this information.

The activities of non-governmental organizations and individuals related to the processing and provision of personal data to users are subject to mandatory licensing.

The question of the procedure for collecting, storing and using personal data that is processed in the information systems of public authorities in accordance with their powers deserves special attention. In particular, the tax authorities are responsible for ensuring the safety and confidentiality of taxpayers' information. The current legislation allows the transfer of confidential information about taxpayers from among the legal and individuals without their consent, only to law enforcement agencies and in a strictly established manner (Article 109 of the Code of Criminal Procedure).

Separate government organizations and departments, within the limits stipulated by agreements with them and taking into account the requirements for maintaining commercial secrets, the tax authorities of Russia are entitled to provide such information. Thus, the procedure for providing the Pension Fund of the Russian Federation with information on the income of entrepreneurs operating without education legal entity, is defined by a joint letter of the Pension Fund of the Russian Federation and the State Tax Service of Russia dated June 3-4, 1993 No. JI4-16 / 2116-IN, VZ-6-03 / 196. The transfer of databases of tax authorities to third parties is not allowed.

Note that when setting the confidentiality mode for information about persons engaged in entrepreneurial activities, no distinction is made for individuals and legal entities. Based on the meaning of the norms of the Federal Law "On Information, Informatization and Protection of Information" and the List of confidential information approved by Decree of the President of the Russian Federation of March 6, 1997 No. 188, only personal data is protected as confidential information (in the sense that was defined above).

This is confirmed by the order of the State Customs Committee of Russia dated April 28, 1994 No. 180, which determines that information contained in freight customs declarations on specific transactions in relation to participants in foreign economic relations.

In accordance with the order established by law, other data and indicators arising in the process of generating customs statistics can also be declared confidential foreign trade. Article 16 of the Customs Code of the Russian Federation establishes that information provided to the customs authorities of the Russian Federation by state bodies, enterprises, institutions, organizations and citizens in accordance with this Code and other acts of the legislation of the Russian Federation on customs, can be used exclusively for customs purposes.

Information constituting a state, commercial, banking or other secret protected by law, as well as confidential information (which is not publicly available and may harm the rights and legally protected interests of the person who provided it) should not be disclosed, used by officials of the customs authorities of the Russian Federation for personal purposes, transferred to third parties, and government bodies, with the exception of cases provided for by the legislative acts of the Russian Federation.

3.2. Official secret.

The next type of confidential information is business secret, which in Art. 139 of the Civil Code of the Russian Federation is defined in the same way as a trade secret, which is hardly justified. In accordance with this article, information will constitute an official or commercial secret when the following conditions are met: the information has actual or potential commercial value, it is not known to third parties, it is not freely available on legal basis and the owner of the information takes measures to protect its confidentiality.

From this definition it follows that an official secret must have an actual or potential commercial value, which in most cases, official information does not contain. When determining an official secret, the signs listed in the Civil Code can only be used as a basis, taking into account the specifics that are characteristic of confidential official information. The main thing here is that the list of this information, as well as the imposition on employees (officials) of the obligation to protect their confidentiality, is established by law, and not by the owner of the information (as is provided for in relation to trade secrets).

Federal Law "On the Securities Market" under official information for the purposes of this Federal Law, any information that is not publicly available about the issuer and issued equity securities by it, which puts persons who, by virtue of their official position, employment obligations or an agreement concluded with the issuer, such information, in a preferential position in comparison with other subjects of the securities market. At the same time, it is stipulated that persons who have inside information do not have the right to use this information to conclude transactions, as well as transfer official information to third parties to make transactions.

3.3. banking secrecy.

A kind of official secret can be considered bank secrecy. Determining the content of banking secrecy, or rather the range of information that will constitute it, we note that Art. 26 of the Law "On Banks and Banking Activities" gives a broader comparison with Art. 857 of the Civil Code of the Russian Federation the concept of banking secrecy *.
* See details: Oleinik OM. Fundamentals of banking law. M., 1997.
The Civil Code of the Russian Federation names three types of information constituting bank secrecy:

A) information about the bank account and bank deposit;

B) information about account transactions;

C) information about the client.

In Art. 26 of the Law "On Banks and Banking" determines that a credit institution, the Bank of Russia guarantee the secrecy of operations, accounts and deposits of their customers and correspondents. All employees of a credit institution are required to keep secret about the operations, accounts and deposits of its customers and correspondents, as well as about other information established by the credit institution, unless this is contrary to federal law.

3.4. Trade secret.

In accordance with clause 5 of the List of confidential information approved by Decree of the President of the Russian Federation of March 6, 1997 No. 188, confidential information includes trade secret, the concept of which was discussed above. Decree of the Government of the RSFSR of December 5, 1991 No. 35 established a list of information that cannot constitute a commercial secret *.
* SP RSFSR. 1992. #1–2. Art. 7.
AT Russian legislation while there is no separate legislative act protecting trade secrets, and in some cases such information needs legal protection.

In addition to the Civil Code of the Russian Federation, some regulations already contain rules prohibiting the disclosure of confidential information in connection with the threat of harm to interested parties. So, according to Art. 14 of the Law of the Russian Federation of May 21, 1993 "On the customs tariff" ** information provided by the declarant upon application customs value goods identified as a trade secret or confidential may be used customs authority solely for the purpose of carrying out its activities and not be transferred to third parties ***. The Law “On Competition and Restriction of Monopolistic Activity in Commodity Markets” establishes that in the event that employees of the federal antimonopoly body (territorial body) disclose information constituting a commercial secret, the losses incurred are subject to compensation in accordance with civil law (Article 15).
** Russian Air Force. 1993. No. 23. Art. 821.

*** See: Financial news. 1993. No. 54. S. 8.
Undoubtedly, the adoption of a separate legislative act establishing the regime of confidentiality of this information is required. Then the trade secret will be able to fully use judicial protection subject to the requirements of this law.

First of all, the following requirements will have to be taken into account:

The subject matter of a secret need not be a public fact;

The business entity must use its own funds to obtain or create this secret (which is confirmed by financial documentation);

Employees must be warned in a timely manner about the presence of a secret and the procedure for handling it;

The economic entity must take real measures to protect the secret.

The measures referred to in the last of the conditions should relate to: firstly, the establishment of a list of information that constitutes the commercial secret of the enterprise; secondly, determining the sources of such information; thirdly, the definition of channels and methods of leakage of information constituting a trade secret*.
*Cm.: Otnyukova G.D.
Thus, the legal regulation of information support for entrepreneurial activity today is mainly aimed at forming the information infrastructure of the market, ensuring its information transparency, as well as guaranteeing limited access to certain types information recognized as such in accordance with applicable law.

§ 4. Contracts for information and consulting services

4.1. Consulting and marketing.

In connection with the transition to market economy the demand for information and consulting services has sharply increased. The enterprise needs information about potential sellers and buyers, their reliability and solvency, information about market conditions, legal assistance in compiling or changing the documentation necessary for registering an enterprise, reorganizing it, liquidating it, making changes to founding documents, in consultations on drafting financial reporting and other similar services. These services may be the subject of independent agreements, but may be included in, for example, agreements on intermediary services, etc.

Accordingly, a party to the contract can be a company specializing in consulting as the main activity, or an intermediary organization (firm, office), for which consulting is one of the activities, even if it is not the main one.

Consulting– activities of advising clients on economic and legal issues. In addition to consulting, the firm can provide marketing services. Marketing- a set of actions to study the market: the demand for the client's products, current and forecasted for the future, the supply of relevant goods. We study information about competitors, prices, quality of goods and their subsequent service.

The purpose of the marketing agreement is issuing recommendations to the client, taking into account which will allow him to produce products that are in steady demand, make changes to the assortment, improve the quality of products, remove products that are not in demand from production. Thanks to marketing, enterprises have the opportunity to produce products, providing the necessary level of profit for the development of the enterprise.

In essence and purpose, these services require long-term interaction between the client and the contractor. Therefore, contracts for marketing services are concluded, as a rule, for a period of more than a year. The deadlines for the contractor to provide information to the client are set in the contract, taking into account the need to respond to changes in the commodity market.

Operational current information of the contractor allows you to adjust these programs for the production and sale of relevant goods. According to the form, the information coming from the contractor can be in the form of a report with the necessary calculations, applications. It is possible to transfer information via communication channels using a computer.

Production. Provides information about competitors, production dynamics, product data.

Demand and consumption. Information is provided on the degree of satisfaction of demand, the direction of market expansion, data on the structure of consumption, the dynamics of trade.

Prices. Information is provided on price changes (price index), prices for raw materials, calculations of profitability (profitability) of production are made.

The amount of payment for the contractor's services can be made dependent on the economic efficiency of the recommendations.

But most often payment is made for actually rendered services, timely provided information.

Marketing- an effective tool for regulating the economy in a normal market, competition among producers. At present, with the monopoly of manufacturers, the shortage of products and goods, there are no objective conditions for the wide distribution of marketing services provided by contractors under contracts. Many enterprises are still limited to creating marketing departments (subdivisions) on the basis of supply and sales departments, without concluding special business contracts for these services.

The legal form of consulting on legal issues in practice is a contract between a client and a law firm on legal services. The agreement is usually concluded for a period of one year. But there may be one-time requests from a client to a law firm on a specific issue. The service in this case may constitute the content of an agreement concluded for a single action (assistance in drafting a document, representation in court, etc.). The contract for legal services, in addition to consultation, may provide for the obligations of the law firm to represent, on behalf of the client, in court, arbitration, arbitration court, to give an opinion on the legality of local acts of the enterprise, concluded contracts, to assist in the preparation of contracts, claims, statements of claim.

Payment is made either by transferring periodic payments, regardless of the volume of services, or for the relevant services within the term of the contract, but most often these payment methods are combined. For example, in addition to paying for attachment to the firm, the firm receives a certain percentage for each case won in a lawsuit (economic dispute). Of course, if the company has a legal adviser on staff, there is no need to resort to the services of a law firm.

Enterprises - service providers can be diversified. For example, combine legal services and audit, legal services and accounting, preparation of financial statements of the client enterprise. This allows them to survive in the market if the demand for individual services decreases.

Obtaining by one enterprise information about another enterprise in order to reduce the commercial risk from possible cooperation with it under a business contract is fraught with certain difficulties (due to the lack of necessary reference books, territorial remoteness, due to the scarcity of information in the official publication of the results of financial and economic activities or due to the lack of such publication in general, etc.).

There are organizations that specialize in collecting, processing, and providing information of interest to customers about potential counterparties. On the basis of an agreement on the provision of such information, the client has the opportunity to obtain information about the financial position and business reputation one or another manufacturer, the composition of the founders, information about the banks serving the enterprise, and other information.

4.2. Engineering.

A variety of consulting in the manufacturing sector is engineering. The firm under the contract can provide engineering and consulting services to the client enterprise related to the preparation and technical support of production. The firm may, for example, give advice on the use of complex equipment, assist in the adaptation software products to the production conditions of the client, to decompile the computer program, to ensure the installation and dismantling of equipment, to provide other services.

A variety of services are rendered with the help and on the basis of the use of information systems - by transmitting information through communication channels using the appropriate computer data bank. Activities for the exchange of information between organizations are preceded by the installation of a computer, providing a user necessary instructions, consultations on the part of the organization - the owner of information resources (systematized information in the computer data bank).

On the basis of contracts for the provision of information and computing services, for example, automated processing information of credit institutions provided by the informatization divisions of the Bank of Russia (operational day of a credit institution, maintenance of its balance sheet), electronic copies of account statements of credit institutions* are transmitted.
* See the letter of the Central Bank of the Russian Federation of June 18, 1997 "On the collection of fees for the services of the Bank of Russia" // RG. 1997. 9 Aug.
Automated accounting is possible: in this case, the customer provides the initial information according to the established forms and receives the final information in the form agreed with the contractor. The activities of maintaining the register of the owner of securities can be recorded both on paper and using an electronic database (Article 8 of the Law "On the Securities Market").

Relations are of a long-term nature: the exchange of information is carried out in the mode and according to the regulations determined by agreement of the parties, taking into account their technical capabilities.

The customer under this agreement either provides the initial information and, in turn, receives the results of processing his information, or receives ready-made information of interest to him, accumulated by the owner of information resources. In the latter case, the process of collecting and processing information is not covered by the content of the contract with the customer. In addition to the actual information services, it is possible to provide software support services (consultations, training of personnel on the use of a computer program). Such services are provided by an organization legally supplying software(computer program databases) to users.

Since the law does not yet provide legal concepts of "information services", "marketing", " mediation”, in practice, such agreements are called agreements on mutual cooperation, on joint activities. In such cases, the legal nature of the contract, its type must be determined by analyzing the content of the contract, the actual relationship of the parties.

There are mixed agreements under which the parties provide each other with information and consulting services, services for selecting each other as partners of third parties (sellers, buyers), and at the same time, the parties join forces to implement joint programs(construction, collection and processing of secondary raw materials with subsequent distribution of profits between the parties, etc.).

Many contracts of this kind provide for obligations to advertise the client's products, as well as mutual advertising. By concluding cooperation agreements, the parties thereby emphasize the trusting nature of the relationship between them, do not include measures of property liability in the agreement, and build relations between themselves on mutually beneficial cooperation.

Belyaev V. Trading in securities on the Internet // Securities market. 1999. No. 10, 11, 13, 15, 19.

Vikulin A.Yu. Banking secrecy as an object of legal regulation // State and Law. 1998. No. 7.

Vlasova O. UK Legislation: Protection of Trade Secrets and Other Confidential Information // Economy and Law. 1998. No. 8.

Gavrilov E.P. Intellectual property rights in the new Civil Code Russian Federation // State and Law. 1995. No. 11.

Dozortsev VA. Legislation on scientific and technological progress. M., 1978.

Dozortsev V A. Information as an object of exclusive right // Business and Law. 1996 №4

Zakupen T.V. Legal regulation of the creation of a single information space of countries - members of the Commonwealth of Independent States // State and Law. 1997. No. 6.

Zalesskaya M.V. Unfair competition: some problems of illegal receipt, use and disclosure of confidential information // Legislation and Economics. 1999. No. 5.

Information // Law. 1999. No. 10.

Karchevsky S. Banking secrecy: problems of legal regulation // Economy and law. 2000. No. 4.

Kopylov VA. Information law: Tutorial. M., 1997.

Lobanov G. Marketing services and cost // Economy and law. 1996. No. 11.

Medvedev A. Computer program: thing or intangible asset // Economy and law. 1997. No. 11.

Oleinik OM. Legal problems of bank secrecy // Economy and law. 1997. No. 6, 7.

Otnyukova G D. Trade secret // Law. 1998. No. 2.

Poteryakin D. Transfer of information contained in the database // Economy and law. 1996. No. 6.

Simkin L.S. From the practice of considering cases on the legal protection of computer programs // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1997. No. 8.

Skoblikov P. Commercial and banking secrecy: problems of legal regulation // Russian justice. 1997. No. 11.

Solovyanenko N.I. Making transactions by electronic data exchange // Economy and law. 1997. No. 7.

Severin V A. Services informational character, providing commercial activity//Legislation. 2000. No. 1. S. 32–39.

Tkachuk I.B. Trade secret: Organization of protection, investigation of encroachments. M., 1999.

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Pitirim Sorokin
1.3. Contemporary concepts of conflict
Elton Mayo
Sociologists of the well-known Chicago school had a certain influence on the development of conflictology.
Lewis Coser.
Kenneth Boulding.
Part of foreign psychologists
A.G. Zdravomyslov, Sociology of Conflict.
Domestic psychologists believe
...
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Materials placed in the telecommunications library and presented in the form of citations,

may be used for educational purposes only.

Replication of information resources is prohibited for the purpose of extracting commercial benefits, as well as their other use in violation of the relevant provisions of the current legislation on copyright protection.

UDC 331.1(075.8)

BBK 65.240ya73

Reviewers:

Department of Human Resource Management

Russian Economic Academy. G.V. Plekhanov

Deputy Director of the Labor Institute of the Ministry

Labor and social development of the Russian Federation,

Honored Economist of the Russian Federation, Doctor of Economics, prof. Zubkova A.F.

B75 Vorozheikin I.E., Kibanov A.Ya., Zakharov D.K. Conflictology: Textbook. - M.: INFRA-M, 2003. - 240 p. - (Series "Higher education").

ISBN 5-16-000964-7 (translated)

ISBN 5-16-000256-1 (Reg.)

The textbook presents scientific and applied knowledge about conflicts, their sources, the structure and stages of development, forms of manifestation, functions and significance in the socio-economic and other spheres of society. The issues of conflict management, the choice of optimal methods for preventing and overcoming conflict situations, the role of the leader in the prevention and resolution of conflicts are considered.

The book is intended for students of economic universities studying in the specialty and direction "Management", "Management in social sphere”, “State and municipal management”, as well as for graduate students and teachers of management disciplines.

ISBN 5-16-000964-7 (translated)

ISBN 5-16-000256-1 (Reg.)

BBK 65.240ya73

© I.E. Vorozheikin, A.Ya. Kibanov. D.K. Zakharov, 2002

INTRODUCTION

Conflictology is a separate area of ​​scientific knowledge. It has its own subject of study - the social nature, causes, types and dynamics of conflicts, ways, methods, means of their prevention and regulation.

As an important branch of social science and human studies, conflictology arose, was formed and is currently developing in close connection with social philosophy, sociology, psychology, political economy, history, law, ethics, and a number of other social and human sciences. It relies on the achievements of these sciences, synthesizes everything that directly relates to its subject.

Having initially a complex character, conflictology is in line with the deepening of humanitarian education. Its study, no doubt, expands the circle and raises the bar of knowledge about man and society, contributes to a comprehensive understanding of the problems of social interaction, the application of effective ways to solve them.

The practical application of conflictology is already caused by the simple everyday circumstance that, agreeing with the widespread statement “a bad world is better than a good quarrel”, people nevertheless cannot avoid disharmony, do without conflicts. Quite often, conflict turns out to be not only inevitable, but also an acceptable “way out” of the current situation, almost the only way to restore the disturbed balance in the relationships between people, to allow them to come to an agreement regarding joint affairs, private and common interests, norms of behavior.

If this is the case, you need to learn to recognize the objective and subjective nature of conflicts, their immediate causes and motives, to navigate in what forms conflicts take place and in what ways they are resolved, to master the art of managing them. This task is especially important for managers, leaders of any level. One can, perhaps, argue that for them to learn how to behave correctly in conflict conditions, to be able to manage conflicts is as necessary as the ability to read and write.

Undoubtedly, the applied orientation of conflictology along with its theoretical significance. This field of science really helps to recognize conflicts, take appropriate measures for their prevention and resolution. It makes it possible to better navigate the complexities of social life, look for optimal solutions in conflict situations, find the most effective ways impact on the behavior of people, one way or another involved in conflict confrontation.

Hence the demand for conflictology in many life circumstances, in solving very specific problems. Information gleaned from this area of ​​social and humanitarian knowledge facilitates the choice of means in order to maximize the positive potential of conflicts and at the same time minimize their negative consequences.

Conflictology is necessary for all kinds management activities. With regard to management, its main purpose is to encourage the manager to look at conflict situations, as they say, with open eyes, not to be content with intuition and common sense, but to follow certain, scientifically established rules and methods of conflict management in working with people.

The scientific approach presupposes systematically organized, fundamentally structured, methodologically accurate knowledge about the subject (in this case, about conflicts), an orientation towards the knowledge of the laws of the real world and the comprehension of objective truth. Any science, including conflictology, is constructive, designed for the possibility practical application acquired knowledge, for the development and implementation of new projects. Scientific management of social processes, including conflict regulation, is carried out, as a rule, on the basis of analytical calculation, systematic and multilateral influence on the participants in social ties and interaction, and the practical application of recommendations verified by science.

Ordinary knowledge, however vast it may be, is inferior to scientific knowledge. Such knowledge about conflicts is nothing more than a simple sum of diverse, but superficial information about our subject, does not penetrate into the depths of the phenomena of social life, only states the facts and previous experience. That is why common sense and intuition, based on flair and insight, are limited in their capabilities, although they can be useful in recognizing, preventing and resolving conflict situations, helping to pragmatically adapt to circumstances and find a practically acceptable way out of the conflict, if it already happened. .

Of course different types conflict clashes, manifestations of excessive social tension in them are studied not for the sake of satisfying curiosity and simply enriching knowledge about the ups and downs of life, but in order to master the methods (techniques and rules) for preventing and resolving conflicts, to get a concrete idea of ​​conciliation procedures that allow to bring the participants to agreement labor disputes, property litigation, other social conflicts. It is important to be prepared to characterize and evaluate the appropriate styles of conflict behavior, create and maintain a high culture of communication, mutual understanding and cooperation, functional and social partnership in relations between people.

The main thing, of course, is to learn not only to recognize conflicts, to foresee their consequences, but also to manage them, clearly presenting the tasks and functions of such management. At the same time, of course, the role of the leader in conflict situations, his intellectual, strong-willed and emotional qualities, which are required for the prevention and resolution of conflicts, are highlighted.

Teaching aids are intended to help those who seek to master the basics of scientific knowledge about conflicts. Among such manuals (see List of Recommended Readings), one of the first to become famous was the small book Warning: Conflict! Its authors are F.M. Borodkin and N.M. Koryak, addressing mainly the heads of enterprises, counted on instilling in them a constructive attitude towards conflicts. They managed to convincingly, in a popular science form, show that conflict is one of the means of management, without owning or neglecting which the manager always reduces the effectiveness of managerial activity. The same goal is pursued by the textbook by E.A. Utkin "Conflictology: theory and practice". Considering the main ways, forms and methods of preventing conflict situations, as well as resolving conflicts that have arisen with the least economic, social and moral costs from them, the author addresses both those studying modern management and all those involved in it in Russia.

The manuals published in our country in recent years are devoted to the application of conflictology mainly to one side. public life. So, the book by A.G. Zdravomyslova "Sociology of Conflict", as the name implies, highlights sociological aspects, its content includes an analysis of socio-political processes in modern Russia. Textbook "Fundamentals of Conflictology" edited by V.N. Kudryavtseva focuses on the legal problems of conflictology, the appropriate methods for determining the participants in conflicts, their interaction and reaching agreement on the principles of consensus. "Conflictology" edited by A.S. Karmina considers intrapersonal, interpersonal, group, interethnic and other types of conflicts primarily from a psychological point of view, among the most effective technologies resolution of conflict situations, giving priority to mediation - negotiations with the participation of an intermediary.

A prominent place is given to conflicts in a number of manuals on personnel work. This is evidenced, for example, by the books of V.R. Vesnina " Practical management personnel” and V.P. Pugachev "Personnel management of the organization", as well as university textbooks on personnel management, published under the editorship of A.Ya. Kibanova, T.Yu. Bazarov and B.L. Eremin.

Educational publications of foreign authors translated into Russian are also of interest. Some of them are attractive and useful primarily because they are prepared by management specialists. For example, the American textbook "Fundamentals of Management" by M. Mescon, M. Albert and F. Hedouri is in demand in our economic universities. A separate part of this voluminous book on group dynamics and leadership contains a comprehensive chapter on conflict and stress management. It highlights the nature, types and causes of conflicts in organizations, the process of their deployment, structural and interpersonal ways of resolving conflict situations.

"Leading without conflicts" - under this title, the work of German specialists in management psychology V. Siegert and L. Lang reached Russian readers. The authors of this brilliantly written book consider managerial functions as a task of personal development in the context of the transition from technocratic and administrative-bureaucratic methods of management to humanistic ones. They pay priority attention to the prevention (prevention) of conflicts, the removal of psychological tension among staff, the interaction of people in a spirit of cooperation.

In this textbook, offered to the attention of readers, a systematic body of scientific and applied knowledge about conflicts is given. The textbook opens with a brief historical overview of the formation of the foundations of conflictology. This is followed by a presentation of theoretical approaches to the definition of conflict and its functions. In accordance with the requirements of the State Educational Standard of Higher vocational education The Russian Federation reveals the typology of conflicts, the sources and immediate causes of conflict situations, the structure and stages of development of conflicts, various forms of their manifestation, the role and significance in the socio-economic and other spheres of society.

Much attention is paid to the prevention and settlement of conflict clashes, the choice of styles of behavior in conflicts and ways to resolve them, the creation of conditions for effective management conflicts. At the same time, the main methods of prevention, the application of regulations and the implementation of conciliation procedures, the role and personal example of the leader in overcoming conflicts and stress are used.

For the convenience of using the book for educational and methodological purposes, tests, tables, drawings and sample documents are given, all chapters end with a list of control questions and tasks. A list of recommended literature on the subject is provided.

The authors prepared the textbook according to a single plan. Everyone did their part of the work: Doctor of Historical Sciences, prof. I.E. Vorozheikin - Introduction, Ch. 1, 2, 3, 4 and 6, 5.2 and 5.3 ch. 5, 10.1 and 10.2 ch. 10, Brief terminological dictionary; Doctor of Economics, prof. AND I. Kibanov (leader of the group of authors) - ch. 8 and 9, Brief terminological dictionary, test; Candidate of Economics, Assoc. D.K. Zakharov - 5.1 Ch. 5, ch. 7, 10.3 Ch. 10, Brief terminological dictionary, test.