Features of gender identity, depending on the specifics of the Mesozred. The study of the social and psychological attitudes of the Bank's employees depending on the specifics of their activities, depending on the specifics

Sectoral (horizontal) S.Z. due to the subject of legal regulation, i.e. specific adjustable relationships. In horizontal s. There are branches that coincide with the same branches of law (constitutional law - constitutional legislation, criminal law - criminal law, etc.). In addition, so-called comprehensive industries are allocated, regulating relations in a certain field of public administration (transport, communications, healthcare. Education, country defense, etc.) and include the norms of various branches of law. There are, for example, such complex industries as transport legislation, defense legislation. Finally, there are also such branches of legislation that develop on the basis of certain components (subproduces, legal institutions) of the branches of law with the addition of a number of closer standards taken from other industries. Such, for example, banking, tax legislation as one of the most important institutions of financial legislation and others. Formation in the current period of new comprehensive branches of legislation (about privatization, customs. Taxation, etc.) is one of the main trends in the improvement of the legislation of the Russian Federation.

IN the basis of vertical (hierarchical) S.Z. It lies the separation of regulatory acts on their legal strength and state authorities, who adopted them. In these criteria, the entire current regulatory array of the state is divided into laws taken by the highest representative body or the entire population through the referendum regulating the most important issues of public life and having the highest legal force, and regulatory regulations that must comply with the laws and publish on their Based. In turn, the sub-commercial acts are divided depending on the place of the relevant Governmental authority in the hierarchical system of state bodies (regulations adopted by the head of state, the government, local governments, etc.). In the Russian Federation Vertical S.Z. It consists of the following subdivisions: the Constitution of the Russian Federation, standing at the head of the S.Z.; FKZ; FZ; Regulatory presidential decrees; regulatory decisions of the government; regulatory orders, decisions, instructions and acts of other names of ministries, state committees and other central executive authorities; regulatory acts of representative and executive bodies of local self-government; Regulatory acts published by the administration of enterprises and institutions within the authority provided to them (local acts).

Federative S.Z. The feather-preratal structure of the state and the distribution of law-making powers between the federal bodies and the bodies of the constituent entities of the Russian Federation is determined. For these grounds, the legislation of the Russian Federation is divided into: a) federal legislation (Constitution of the Russian Federation, FKZ, FZ, decrees of the president, government decree, acts of central executive authorities); b) legislation of the constituent entities of the Russian Federation (the constitution of the republics, the charters of the regional, regions, the autonomous region, autonomous districts, the cities of the federal significance - Moscow and St. Petersburg, laws, decrees of the Presidents of the Republics, the Resolution of the Administration Heads and other regulations): c) the system of regulatory acts representative and executive bodies of local self-government (decisions, decisions, orders, etc.); d) an array of local regulatory acts (orders, decrees, etc.).

Question No. 66 National and International Law: Relationship Questions.

National Law --- The National Legal System (English National Legal System) - in the theory of law the legal system of a separate state as a specific historical totality of law, legal practice and prevailing legal ideology. N.P.S. Reflects the socio-economic, political, cultural features of the relevant society and the state. N.P.S. They act as a single phenomenon, which is a structural element of such legal arrays as groups of legal systems and legal families. In the modern world there are about 200 N.P.S. Sometimes how Synonym N.P.S. The concept of "national law" is used, which in his own sense still has a narrower content.

International law is a special system of law that exists along with the National Law system. Features of international law are as follows:

Difference

1. International right regulates the public relations of an interstate nature, beyond the framework of state borders and are not part of the state's internal competence.

2. The norms of international law are created by the subjects of international law on the basis of the free willing of equal participants in international communication.

3. Ensuring the execution of international legal norms is made by the subjects of international law (individually - through the Institute for International Legal Responsibility, or collectively - through the UN International Court of Justice, the Sanctions of the UN Security Council, various committees and commissions).

4. Sources of international law are created by the subjects of international law by their free coordination of free and exist in the form of international treaties and international customs.

5. Subjects of international law are sovereign states; nation and peoples fighting for their independence and self-determination; international intergovernmental organizations; State-like education.

These features are indigenously distinguished by the system of international law from the domestic law system.

However, international and domestic law there are general traitsinherent in both the rights systems. The main ones are the following:

1. Both of these systems are a combination of legal principles and norms, the implementation of which can be ensured in a compulsory manner.

2. Systems have a similar structure: in both there are basic principles, both are divided into industries and institutions, the primary element of both systems is the norm of law.

The ratio of international law and national legislation in the legal regulation of foreign investment is one of the most difficult issues in jurisprudence. The traditional comparison of the two mentioned legal systems in the domestic legal literature is expressed as "international law" and "domestic law". In official international acts, the concepts "National Law", "National Legislation" or "Internal Law" are often applied.

The ratio of international law and domestic law, understood as international private law, in investment relations is one aspect of the global problem under consideration. The question is complicated by the fact that in the doctrine of international private law there are two approaches to understanding the normative composition of this right.

In the doctrine (D.B. Levin, E.T. Usenko) recognizes that international norms do not act for the subjects of national legal systems Ex Priorio ViGore, but are acting indirectly, being transformed according to F. Trippel, otherwise decisted according to Levin D.B. In one or another national law and order, either by the general reception, or by means of a special reception. Thus, the recipient international norm, without losing its quality, becomes both national. Since all three sources of the norms of international private law according to a civilian school, in fact, are national, intrasystem standards, then, accordingly, almost all international private law is also intra-national.

School of International (I.P. Blischenko, L.N. Galenskaya, V.E. Grabar, F.I. Kozhevnikov et al.) It comes from the fact that internationally legal laws are part of international private law, mainly contractual And, consequently, international private law is one of the components of international public law. According to this approach, the conventional international norms of international private law differ only on the subject of regulation (private-planning relations) from the norms of other industries of international public law. In addition, the norms of other industries fundamentally do not differ from international norms of international private law in terms of their actions due to reception in the national law and order of various countries (in particular, the use of their bodies and officials).

Many International Conventions in the field of international private law is more logical to include in international economic law, since these are international treaties with the subject of regulation of international economic relations. Although the norms of such conventions, being recipient, are also applied as substantational norms, but the primacy remains international. This is manifested in their connectedness, autonomy, they cannot arbitrarily change or cancel, being on the origin of international.

The Anglo-American doctrine can only consider the English-American doctrine. And in the Civil Code of the Russian Federation, in the section "International Private Law", only collisional norms are based on the basis. In other words, international private law is the right to be an internal, collisional right of one or another state.
In practical terms, the most important differences between international public law from international private law is that its subjects are subjects of international public law, and the subjects of international private law are subjects of national law systems. In addition, international public law is applied to regulate international public-legal relations, and international private-level relations are governed by one or another private, national applicable law, including the norms of certain international treaties recipient in national legal systems.

The doctrine historically developed two conceptual approaches to the ratio of internal and international law. Supporters of the dualistic concept defend the point of view, according to which there are two independent, parallel to existing legal systems. In this regard, the well-known Italian professor D. Anzylty does not allow any suggestion authority in spite of the normization of states on the basis of their agreements. Anyone would mean the end of international law and the replacement of his inspection channels of the influence of international law to domesticly largely numerous. This problem was analyzed in detail Yu.A. Tikhomirov.

First, there is a new legal interdependence of states when they voluntarily take on international obligations and even convey the implementation of part of their sovereign rights (Art. 79 of the Constitution of the Russian Federation). Instead of state acquire new opportunities for a collective and agreed decision of public affairs, use for this international institutions, the protection of their interests.

Secondly, it is undoubtedly political and legal influence, the overall regulatory orientation, when the international norm refers to the objects of national and legal regulation due to their overall significance.

Thirdly, there is an obvious influence of ideas, principles and structures of international law on the development and reform of the industries of the domestic law.

Fourth, the process of implementing international norms into national norms occurs.

Fifth, international norms are used as interpretation tools and as a legal argument in law enforcement activities.

Sixth, international decisions are important for the activities of legislative, executive and judiciary.

In the seventh, among international structures, interstate associations acquire more and more share.

the trigettate right of another state.

The problem of incorporation is much more complicated, since along with the tendency of internationalization or homogenization of national law another tendency is observed - to the heterogeneization of the rights of states. As international law is increasingly increasing internally law, its use is increasingly facing the differences in legal culture and legal consciousness. Professor of the University in Toronto K. The button notes that the domestic interpretation of international law is not the same everywhere. Ideally, we are dealing with something not entirely international, not entirely national, but with a hybrid, expressing relations between them.

This fact is natural, since otherwise the implementation of international standards at the national level would be impossible. The problem is that the discrepancies of national systems do not go out for certain boundaries remained within the framework of the historically achieved and internationally acceptable level.

Implementation of the principles and norms of international law and their implementation in the national legal system is a complex process. In general, the implementation steps can be divided as follows:

First, there is a choice from the entire array of norms and preferences, since each country carries the burden of many international obligations. For considerations of political and economic in most cases, it is preferred by the standards that associate it with different states and interstate associations.

Secondly, it is necessary to compare international norms with national. The incomprehension of concepts and terms exacerbates the problem of their meaningability and translation accuracy.

Thirdly, the implementation of international norms is associated with such a procedure as ratification that has the meaning of international legal and constitutional procedures. They are enshrined in the Constitution of the Russian Federation and the Law on International Treaties.

Fourth, international norms requiring the adoption, changes or cancellation of national norms have a very strong impact.

Fifth, in interstate associations, more systematic and extensive work is carried out due to the active interaction of such institutions and the interconnectedness of their legal acts.

Sixth, collisions of international and domestic law rules give rise to the mechanism of overcoming them. In addition to negotiations and conciliation procedures envisaged in contracts, special conciliatory, arbitration and collisional structures operate, for example within the WTO. Excellent experience in the functioning of the UN International Court of Justice, the Economic Court of the CIS and other courts, although they retain the sharpness of the problems of their jurisdictions, procedures for the adoption and execution of court decisions.

The mechanism for the implementation of international treaties is a combination of government bodies (both federal and subjects of the Russian Federation), local governments, in the necessary cases of institutions and organizations that participate in the implementation of international treaties, as well as regulatory legal acts of the authorities on issues included in Their competence aimed at implementing international treaties.
According to the law "On International Contracts of the Russian Federation", international treaties of the Russian Federation are concluded at three levels: on behalf of the Russian Federation (interstate treaties), on behalf of the Government of the Russian Federation (intergovernmental treaties), on behalf of the federal executive bodies (interdepartmental agreements).

The implementation of an international treaty is the most important stage of the total process. Through the implementation of international treaties, the state develops legislation, enriches it with new content, results in generally accepted principles and norms of international law, creates conditions for building a legal state. In the modern historical period, state legislation is an important conductor of international legal norms in domestic relations. The development of Russian legislation cannot be fully implemented without regard to international legal norms, since in the modern world the international legal system and domestic legal systems are closely interrelated.

From the extensive group of international treaties of the Russian Federation in the field of foreign investment, multilateral international treaties concluded on both universal and regional levels should be allocated. They are of particular importance in connection with the solution of the problem of innovative development of the country's economy. Multilateral agreements and conventions should be allocated to highlight equal terms of competition in global commodity markets and services markets, including financial. Multilateral international agreements and conventions create conditions for compliance with the requirements of openness and transparency in economic relations, which is an indispensable condition for attracting investments. Russia's participation in the WTO assumes the presence of basic advantages that are in concerning the market economy. These advantages are also manifested in matters of attracting foreign investment. We are not talking about benefits and subsidies, but about the stability of the regime of economic activity and the predictability of the state of state management of the economy. All these advantages will give a positive effect if the country will follow the principles of a market economy. WTO orientation on the market mechanisms of management of the global economy assumes that in WTO member states there are the same principles for regulating market relations as in world markets of goods and services.

The ICP "fluctuates between the territorial essence of the domestic law and the universality of international public law ... This gives an international private law a hybrid character and presents it as an extremely complicated area of \u200b\u200blaw." The CMP affects the legal regulation of relations that are international in nature, but at the same time obey the national laws of individual states.

The problem of the ratio of international public, national and international private law is one of the most difficult. The main concepts on the relationship between the International Public, National and International Private Law:

1) MCHP enters the structure of international law. Issues of international private and international public law refer to one branch of law - international law in a broad sense of the word. International Public and International Private Law are sub-sectors of one branch of law;

2) MCP is part of the domestic, national law. In the "national concept of the ICP", you can allocate points of view:

a) MCHP - independent branch in the National Private Law. It enters the system of domestic (national) law of state and in this system acts as an independent industry with its specific subject and regulatory method;

b) MCHP - subsystem, special legal education in the system of national law. The ICP is a legally more complex phenomenon than the aggregate of norms that have become in the subsidiary. It has the status of a special subsystem of domestic law;

3) MCP is an independent legal system, independent legal education, a polysisystem complex. "There is absolutely obviously obvious to the complex nature of the CCFP, the inability to stem in the framework of the national, nor into the framework of international public law. The CMP is a completely independent legal system";

4) MCP is an "artificial education". The MCHP "is an artificial formation that cannot be considered as part of the international, nor as part of the domestic law. It does not forms the own system of law, since itself consists of the norms of these legal systems."

These statements once again emphasize the "hybrid nature of the MCHP" and the fact that the MCP is a "tangle of contradictions and problems." It may be necessary to agree that the problem of the genesis of the Ministry of Consult refers to the category of Eternal and "The question of the CMP will not be unambiguously resolved until there is a legal science."

The modern global legal system consists of two independent, autonomous regulatory systems - international law systems and the national legal system. International and national (domestic) law are not isolated from each other, but closely connected, interdependent and interact. International law imposes obligations to the state; National right regulates how these obligations will be fulfilled.

Despite the elements of the "supranationality and universality", the relations of the sphere of the Ministry of Consultation are regulated primarily within the framework of the national law enforcement. None of the state has a special law "On International Humanitarian Law" or "On International Space Law", but in many states there are laws "On International Private Law". It is difficult to obtain an example of the National Penal Code, which contains the "International Criminal Law" section, but it is not difficult to bring examples of national codifications of civil law containing the section "International Private Law".

The MCHP is part of the national legal system (Russian CMD, French MCHP). The term "international" in relation to the international public and international private law is used in various sense: "In the first case, the term" international "is understood as" interstate ", and in the second - international in the sense of regulation of relations with a foreign element."

In decisions of international law enforcement bodies, the Ministry of Conslast are qualified as part of national law. This is directly fixed in the decisions of the Permanent Chamber of International Justice on the Affairs of Serbian and Brazil Loans 1929; In the decisions of the UN International Court of Justice for Notteboma (Liechtenstein against Guatemala), about Norwegian loans ("France against Norway").

The ICT is included in the national legal system, but it takes a specific place. The Special Character and Paradoxicality of the Ministry of Southerrons is expressed in the term "National International Private Law". At first glance, this terminology makes an absurd impression - there can be no branch of law, both being national and international. However, there is nothing absurd - this is a legal system, intended to regulate international relations arising in private life.

The paradoxicality of the Ministry of Conscription is also expressed in the fact that one of its main sources is international public law, which plays a special role in the formation of the CMP. It is customary to talk about the dual character of the norms and sources of the Ministry of Consultation. This is perhaps the only branch of national law, in which international public law acts as a direct source and has a direct effect.

The ratio of international public and international private law. Subjects of international public law are primarily the state. International legal response of all other formations is secondary and derived from state legal personality. The list of subjects of the ICP is the same, but its main subjects are individuals and legal entities; States act as individuals of private law.

1. The object of regulating international public law is interstate (powerful) relations. The object of regulation of the Ministry of Conscription - private-related (intact) relations associated with the rule of order of two or more states.

2. The regulatory method in international public law has coordination, conciliation. This is a method of coordination of the Will states. The main methods of regulation in the ICP are the autonomy of the will of private individuals and the use of conflict standards aimed at determining competent national law.

3. Sources of international public law - international treaties and customs, general principles of the right of civilized peoples, resolutions and recommendations of international organizations, acts of international conferences. The main source of the Ministry of Sadront - National Legislation; International legal acts regulate the relations of the ICP sphere after their implementation into national law.

4. The scope of international public law is global. There is a universal (general) and local international law. The MCHP has primarily the national scope of action - in each state there is own IDPs. At the same time, there is a regional MCHP (Codex Bustamante, the MCP of the European Union), the norms of which have international legal nature.

5. Responsibility in international public law has an international legal nature. Responsibility in the CDAM comes on the norms of national law, has a delicate or contractual character.

MCP-specific part of national law. With other regulatory complexes of national law, regulating similar relations (property and related non-property relations between individuals), the CDAM is related to the following way.

1. Subjects of national law - individuals and legal entities, education without the status of a legal entity, the state, its bodies. The subjects of the ICP are national and foreign individuals (including a foreign state and its organs). All private legal relations with the participation of foreign persons, transnational corporations, international legal entities - the scope of the MCP.

2. The object of regulation of national law is the relationship of the "internal" nature (powerful, diagonal, non-valent). The regulatory object in the ICP is intact (partially diagonal) relations legally associated with the right of two or more states.

3. The method of regulating in national law - material and legal (direct) prescriptions. The main method of the ICT is the use of conflict standards.

4. Sources of national law - national legislation, international law, judicial practice and doctrine, analogy of law and law, general principles of law. The list of ICP sources should be supplemented by the autonomy of the will of the parties.

5. The scope of national law is national (territory of this state). This also applies to the CMP, but it is necessary to emphasize the existence of the regional CMP and the process of forming a universal ICT.

6. Responsibility in national law regulating the private-protective relationship (including in the ICT) has a contractual and delictious.

To date, the CMP is advisable to qualify as an independent subsystem of national law. At the same time, it can be assumed that in the future the main tool for the development of the Ministry of Consult will be international treaties and supranational regulatory legal acts. You can potentially predict the extraction of the CMP into an independent system, which occupies an intermediate position in the global legal system between international legal and national legal systems. "The system of the Ministry of Conscription is formed as the" expansion "of the ICP and increasing the role of this science industry and the right in the context of global integration processes, which leads to new institutions (sub-sectors) of the Ministry of Conscription, which are emerging in the context of various specialized collisions of national norms and jurisdiction of various states."

Own - It is a relationship between people, classes, groups, as well as business entities about the assignment of resources, the conditions of production created by the vital goods.

Subjects Property are individuals and legal entities among which the property relationships are.

TO objects The property includes means of production, resources, labor and consumption items that are assigned by people and become their property.

Property is two types: privateand public.

For private property one person or family is the owner of property or resources. By the nature of the accumulation, private property is divided into labor and unemployed. Labor Property is formed by salary, income from business activities. Non-hard Property is formed by receiving property for inheritance, income from securities, deposits, etc.

Public property - type of ownership, in which the means of production, its results and property values \u200b\u200bare a joint heritage.

The form of public property is collective and state.

Collective property - Form of public property, in which things, material and spiritual values \u200b\u200bbelong to a specific team.

Collective property forms include:

Cooperative - who is the entrance to the members of the cooperative, united funds and work for joint activities;

People's - established as a result of the transition to the team of the state venture or redemption of rented property;

Joint-stock company includes financial capital from the sale of shares and bonds, as well as funds from economic activities;

Rental - arising from the lease of a labor collective of the enterprise on the contractual conditions for fee and for a certain period;

Public associations and religious organizations.

State ownership - Form of public property, which is the entrance to all people of the country.

In the Republic of Belarus to the forms of state property include:

Republican - the property of citizens of the country (land, its subsoil, republican banks, means of state budget, enterprises, educational institutions, other property);

Municipal (communal) - property of the association of citizens of the region, district (local budget funds, housing stock of trade and domestic services, transport, industrial and construction enterprises, public education, culture and other property).

In the modern economy, in addition to the main forms of ownership, there are other, derivative ownership form. These include foreign ownership, mixed property.

Under foreign property It is understood by the property belonging to the right of ownership to foreign persons: individuals and legal entities, states, international organizations.

Mixed Property - Property, based on a combination of different forms of ownership (with the participation of foreign ownership or not).

Property in the Republic of Belarus acts in the form of private property, collective and state ownership. In the Republic of Belarus there may be the property of other states, their legal entities and individuals, as well as the property of international organizations.

A union of property owned by physical, legal entities and states, and education on this basis of mixed forms of ownership, including the ownership of joint ventures.

The variety of ownership of ownership is most fully consistent with the nature of market relations, as weakens monopolization and creates conditions for competition.

The variety of ownership forms is formed during the processes of denationalization and privatization.

Divorce It is a process of reducing the immediate state influence on the activities of business entities, during which state monopolism is eliminated, a multi-storey, mixed economy is formed.

The denationalization can be reduced to the three main interrelated aspects: to the creation, firstly, the non-state sector with diverse types of farms; secondly, to the transformation of farms remaining in government, liberation of them from the administrative and command dictate; Third, to privatization.

Privatization - Change of owner by selling or gratuitous transmission of state ownership facilities to other economic entities.

For privatization purposes include:

Improving the efficiency of production in industries under excessive control of the state (competition is intensified, the interest of enterprises increases reduce production costs);

Reducing the costs of public administration (reduced subsidies, administrative expenses, state budget deficit);

Formation of the bed of private owners (middle class).

Privatization processes can be carried out in shape: redemption of the enterprise rented from the state; creating folk enterprises through their repurchase or gratuitous transfer to the ownership of the labor collective; sales of state-owned enterprises in a competition or at auction; gratuitous transfer of property to citizens and transformation of state-owned enterprises to joint stock companies.

The peculiarities of the beginning and further conduct of privatization processes in the Republic of Belarus can be attributed to:

The practical lack of private property in all sectors of the economy at the time of the beginning of privatization;

The need to overcome the mistrust of labor collectives and the Directorate for Privatization, taking into account the mentality that has developed in the Soviet years;

The absence in the country of the stock market and its infrastructure, which could give any guidelines when calculating market prices of privatization facilities.

In the republic, two periods and two types of privatization can be distinguished.

The first period is the first half of the 90s, it is characterized by privatization on the initiative of managers and ordinary employees of enterprises, when it was aimed at improving the conditions for their functioning and the realization of the interests of workers.

The second period is the second half of the 90s. And the first half of the 2000s, when privatization was conducted at the initiative of the state. Privatized by this method of the enterprise are characterized by high inertness of property with an excessively high proportion of state property.

At the moment, we can talk about the beginning of the third period of privatization processes in our country, characterized by their gradual liberalization, expressed in the abolition of the Institute of Golden Shares, expanding the free circulation of shares in the stock market, attracting foreign investors.

The process, inverse privatization, is called nationalization.

Nationalization - The process of transformation of private property to state ownership. It can be carried out in various ways: Three-seal expropriation, as well as a complete or partial redemption.

11. Market: concept, function, classification. Structure and infrastructure of the market. State functions in the economy

In modern economic literature there are many market definitions, for example, market - this is the sphere of circulation of goods and money; market - a mechanism that is racing together buyers and sellers; market - the scope of exchange inside the country and between countries, etc.

The most important condition for the emergence of the market is public division of labor . The division of labor is a set of all current activities of work activities. Through the separation of labor, the exchange of activities is achieved, as a result of which the employee of a certain type of particular labor is able to use the products of any other specific type of labor.

The conditions for the emergence of the market is and labor specialization . Specialization is a form of public division of labor both between various sectors and spheres of social proceedings and within the industry, and within the enterprise at various stages of the manufacturing process.

Currently, specialization has reached such an extent that the benefits necessary people are already unable to produce alone. The need for constant exchange of fruits of specialized labor is determined today the nature of the relationship between people in society.

One of the important causes of the market is limit of resourceswhich is overcome by people by sharing one work product on another. Do not be able to have such an exchange, each person would have to meet their needs to fulfill many works. In this case, economic progress and the development of civilization would slow down.

The second reason for the formation of the market is economic isolation of commodity producersTheir opportunity to freely dispose of the results of their work. Economic isolation means that only the manufacturer itself decides to produce, how to produce, to whom and where to sell created products.

The third reason for the formation of the market is independence of the manufacturer, freedom of entrepreneurship. Freedom of economic activity means the right of any economic entity to choose the desired, expedient, favorable, preferred type of economic activity and carry out this activity in any permanent form.

Classification of markets:

On the objects of exchange - goods, services, capital, securities, labor, currency, information, intellectual product;

In the spatial section - local, regional, national, world;

According to the functioning mechanism - free (regulates competition), monopolized (production and treatment determines the monopoly group), adjustable (regulates the state);

Under legislation - legal (official), illegal (shadow);

According to the degree of saturation - equilibrium (demand and supply are equal), the deficit (demand exceeds the supply), redundant (demand less supply);

In terms of competition in the industry - pure (perfect) monopoly, oligopoly, monopolistic competition, perfect competition.

12. One of the elements of the market mechanism is competition . The term "competition" has several values.

Initially, competition (from Lat. Concurrentia, Concurrere - Fight, bother) interpreted as a rivalry, the struggle for achieving the best results on any field. Hence the approach to competition as a contestable struggle, rivalry: between economic agents - for the most favorable conditions for the sale of goods; between manufacturers - for the most profitable sales markets, production conditions and sources of raw materials; between consumers - for the best conditions for the purchase of goods; Between the owners of resources - for the best resource sales options.

However, there is another meaning of the term "competition", used in economic science to determine the method of organizing the market, "free (perfect) competition" or "imperfect competition", depending on the characteristics of the market, or the type of market structure.

If the types of market structures along one straight to sequentially arrange the types of market structures from left to right, building them as an increase in the degree of competition, then the leftmost (perfect) monopoly will be left left to the left - perfect competition, and oligopoly and monopolistic competition will be demolished between them.

Perfect competition - This is the situation in the market, in which many sellers and buyers trade homogeneous (absolutely identical, undifferentiated goods, and the share of each of them in the total sales or purchases are extremely small. The new manufacturer can unhindered to enter this market. There is also no barriers to the exit.

In the market with perfect competition, none of the subjects possesses market authorities and perceives the price-developing prices and terms of sales as the specified, being unable to influence the price in profitable side.

The model of perfect competition also implies a complete awareness of market entities about all processes and changes on it, the absolute mobility of production resources, the rational behavior of all market participants, pursuing their own interests, and the presence of some other signs.

Imperfect competition arises in conditions when sellers and (or) buyers are able to have a significant impact on the price of the goods.

Monopoly It implies the presence in the market of one seller, monopasia - one buyer, a bilateral monopoly - one seller and one buyer. The product that sells a monopolist is usually no close substitutes, and significant barriers hamper the entry of new subjects to the market. With such a market structure, one subject has market power and determines the desired combination of price and sales. Typically, the monopolist seller seeks to increase prices, a monoponist buyer - to reduce prices to gain benefits for themselves at the expense of their partners.

Monopolistic competition Installed on the market where many sellers selling, however, are functioning, however, differentiated products. Unlike perfect competition, this situation is widespread in the modern economy (an example is the markets of many consumer goods). As a result, sellers receive a certain amount of market power, but smaller than monopolists.

Oligopoly Characteristic for the market on which several sellers are operating (oligoposium - several buyers) producing a homogeneous or differentiated product. By virtue of its neglence, market entities are interdependent and in their activities take into account the possible actions of other subjects. Each subject has a certain government over the market, but the degree of competition between firms is ambiguous, it depends on the strategy of behavior of firms in the market. Sellers can conspire among themselves, act agreed, and the market will turn into a similarity of a monopoly with high prices and limited sales volumes. However, often the firm is "fighting" with each other, and then the prices fall to the lowest level.

Depending on the specifics of the graduation project, use one of the three proposed methods of a technical and economic justification of the project.

The work of many enterprises is related to the need for compliance with standards. In the production of products, in the implementation of acceptance procedures, delivery to customers, the realization relevant business processes are usually normalized through various documents. What is the specificity of standards as an independent source of norms? What categories are they presented in Russian practice? What distinguishes them from other sources of norms?

What is standardization?

Before investigating the categories of standards operating in the Russian Federation, it will be useful to consider the aspect that reflects the essence of the process during which the relevant norms are formed. We are talking about standardization. What it is?

According to a common definition, under standardization it is necessary to understand the activity of certain competent institutions, within which the rules are established, or the characteristics for any objects or processes in order to follow their multiple use. The main purpose of the implementation of standards is to improve the quality of products manufactured at enterprises (services provided) through the streamlining of its criteria for its production.

Standardization is an important condition for the successful development of any national economy. Strict standards published by the competent government bodies in relation to enterprises stimulate them to work more efficiently, produce safe and high-quality products.

Standardization is one of the significant factors of technical progress, both at the level of the individual national economic system, and in the aspect of the development of the world community.

Therefore, an important aspect of the technological movement of modern civilization Forward, some experts call international integration processes at the level of standards.

Problems of standardization

Consider key standardization tasks. Experts allocate the following list of them:

• establishment of mutual understanding between subjects of production processes (developers, industrialists, sellers, buyers of goods and services);
• development of optimal standardization criteria, well reflecting the features of the development of certain industries or the economy as a whole;
• promoting the development of optimal access schemes to the necessary resources through the introduction of standards reflecting the use of certain types of raw materials, materials, components;
• the unification of production processes in order to increase the dynamics of business scaling (as a result - a positive effect in the economic growth aspect of the economy);
• the establishment of optimal norms in the field of metrology (in order to optimize production chains both at the national and internationally);
• regulatory support for control procedures, tests, measurements, product research for quality;
• optimization of technological processes in terms of labor consideration, requirements in materials, electricity;
• promoting the investment attractiveness of national enterprises in an aspect of improving the efficiency of production by optimizing standards.

In the process of standardization, as a rule, regulatory documents are developed, which contain the very rules and characteristics of objects and processes in production (or in the field of provision of services). Among the most common varieties of this type of papers are actually standards. What are the key signs of their signs? What makes standards from other sources of norms? Let's deal with!

Standards, as a rule, are aimed at regulating any particular part of the production process (service provision). These may also include criteria having, for example, attitude to the terminology of any goods or services. These documents are developed on the basis of generalized scientific research, engineering works, they accumulate in themselves the results of production practices (provision of services) in various fields of economics.

Standards and technical conditions

Standards, according to a common point of view, should not be identified with such a category as the technical conditions (or that). The fact is that these are sources that are more correlated mainly with operational documentation. That is, they are accompanying documents. At the same time, the TU and various categories of standards have a comparable degree of demand. Both sources of norms are thus important from the point of view of organizing production processes. As a rule, the manufacturer, exercising a production of a product, should ensure the compliance of business processes not only, for example, gtostas, but also the other, relevant enterprise or enterprise, regulations. Thus, it is legitimate to talk about the importance of an integrated approach in the practice of ensuring the compliance of industrial schemes in one way or another.

Features of the Russian standardization system

Some experts allocate a system that is discussed in a separate public institution. The fact is that in its framework the activities of subjects of publication standards are regulated, as a rule, at the level of federal authorities with the relevant level of competence. Actually, the goal of creating this system is largely reduced to solving a political task - the protection of consumer rights, an increase in the competitiveness of national industries, the development of international cooperation.

The main Russian source of law, which, in particular, includes the criteria in accordance with which certain categories of standards are determined - FZ "On Technical Regulation". In accordance with this law, all the standards used in Russian practice have a uniform design format. What does it mean? In any category of Standards of the Russian Federation, the structure of the relevant standards is presented in the form of an index, registration numbers, as well as the year of adoption. For example, GOST R 50597-93.

Standards classification

There are a large number of criteria, within which one or other categories of standards can be distinguished. What is the traditional scheme for Russian practice? The following main categories of standards are highlighted by experts and engineers working in the Russian Federation:

• international;
• state Standards of the Russian Federation (GOST R);
• interstate (GOST);
• corporate (enterprise standards);
• sectoral;
• public associations published.

There are other categories in world practice. For example, some experts identify regional standards applicable simultaneously in several countries that are combined on cultural or geographical features. However, in Russia, the main categories of standards, one way or another, are presented in this list. Consider the features of some of them.

State standards (or GOST) of all types - Russian, or interstate - characterized by the obligation in the aspect of the application by enterprises and organizations whose activities fall under the provisions of the relevant standards. It can be noted that the GOSTS in some cases can be one of the criteria for certification of the enterprise.

As for sectoral standards (or core), these norms apply to a specific segment of the economy. It can be noted that they can also be used as criteria when conducting certification.

Standards of enterprises (or STP) are also interesting. With their help, the requirements for methods (or processes) are established, which are characteristic of certain sections of production. In some cases, it may be similar in individual provisions with gtostas and other, however, as a rule, they reflect the private features of production processes at specific enterprises.

It may be noted that, regardless of the specific category of standards, the designations of standards, if we talk about the Russian model, are lined up, as a rule, according to similar schemes. That is, if we talk about the OST, then the name of the norm looks the same as in the case of GOST, i.e. in the form of a consistent designation of the index, the registration number and the year of adoption. Of course, such an element as the "category number", the standard does not contain the standard in its name, however, it is clear on the abbreviation, to which type the standard belongs to - to the state, or, for example, to the industry.

Having considered what the standards may be in the aspect of the classification of one or another category, we will study how sources of rights relating to standardization are classified.

Classification of sources of norms in standardization

Now in Russia, a four-level scheme of the organization of the National Fund of Sources of Rights in Standardization is adopted.

At the first stage there is technical legislation. The main source of law here, as we have noted above, are the Federal Law "On Technical Regulation". At this level, there are other laws and regulatory legal acts (rulings of the Russian government, orders of various departments, etc.).

Competent government agencies are involved in regulating a wide range of industries, forming various categories and types of standards.

At the second level, there are actually the same documents in which the norms regulating production facilities and processes are contained. These are national and interstate standards, various classifiers, recommendations.

At the third level - sources containing industry standards and those are created by scientific and technical societies.

On the fourth - sources, including standards of enterprises, as well as complementary and accompanying norms.

The overall characteristics of the standards of different categories, which is marked by many experts, is the preemptive imperativeness. Of course, at that level that one or another standard corresponds to. In certain items of standards, dispositionability may also be present, however, in general, they are dominated by experts prescribing, imperative provisions.

Types of standards

How do categories and types of standards relate? What is common between these two terms and what distinguishes them? Everything is very simple. Above, we considered the characteristics of the standards of different categories depending on the level of a document. That is, the main criterion regarding the term "category" - level. In turn, what key characterizes such a phenomenon, as the "type" of the standard?

The main factor of the class attitude towards one way or another (in this case, it is observed not only in the Russian, but also in world practice) - the presence of some specificity of the rationing facility. Experts allocate several basic classes, within which it can be determined. So, depending on the specifics of the rationing object, the standards may be:

• fundamental;
• product-oriented (services);
• work-oriented (processes);
• adapted for control methods (for testing, measurements, or, for example, analysis).

As for the fundamental standards, it can be noted that they regulate, first of all, key organizational aspects, provisions and norms that may be common in relation to different segments of production, science and technology regions. If we are talking, let's say, these documents oriented standards, these documents establish criteria for specific types of activity in production (or in services): release, operation, transportation, repair, etc.

What should I pay special attention to studying standards? The concept of "categories and types" should be carefully used in the context of both criteria. In connection with which? The fact is that one or another "category" does not correlate with any specific "species" of the standard. That is, the belonging of this or that source of norms to a specific group does not predetermine its attribution to a certain type. As part of the guests, thus there may be standards of any species. In turn, the regulatory documents, the object of standardization of which - the release may belong both to public sources and to the industry, corporate or international.

Standardization as a political factor

What are the categories of standards and their characteristic, we studied. We now consider the aspect that reflects the practical significance of the norms about which is in relation to the development of the national economy. At the beginning of the article, we noted that the introduction of guests and other standards is much due to political reasons, and therefore it is useful to investigate this aspect. Among the subjects are popular in the scientific environment for discussions - the question of what norms and standards should be fundamental to national Russian enterprises: internal or international?

Expert opinions on this score will noticeably differ. There are specialists who are confident that the state economy should develop as much as possible, especially in strategic industries. And therefore the basics of standardization in this case should be national. Other experts believe that in the modern world it is problematic to develop the economy in complete isolation, and therefore consider it appropriate to bring the national standards to the world.

International standardization level

How do the categories of standards in metrology and other sectors are determined (if we talk about the international level of formation of the relevant standards)? Consider key structures that are involved in this process.

First of all, this is an international organization for standardization, or ISO, which was formed in 1947. Most modern states participate in its activities. Another major structure is IEC, or an international commission for electrical engineering. It can be noted that it was founded earlier than Iso, in 1906. True, the number of participants of IEC is less than - 76 countries. Other essential international structures involved in the processes related, one way or another, with standardization - UNECE, as well as the International Chamber of Commerce (or MTP).

Regional standardization level

Above, we noted that some experts allocate regional standards into a separate category. International structures are also responsible for their formation. For example, its own regional organizations responsible for standardization are formed by the countries of Scandinavia, the EU, Africa, Latin America, the Arab region. Among the significant European structures - the Standardization Committee (SEN). EU countries, as some experts noted, reached an exceptionally high level of integration of various production standards, prescriptions and norms.

Strategic Planning and Controlling Borodushko Irina Vasilyevna

2.3. Specific planning depending on the economic potential of the enterprise

General Principles and Typical Planning Methodology should be adapted to such features of enterprises as their size, production scale, nomenclature and intensity of product renewal (services), the level of its knowledge intensity, the introduction of innovative technologies.

Small, medium and large enterprises, as well as various forms of integration of enterprises, require a mechanism for predicting and planning that meets the peculiarities and principles of management of each of these species of enterprises. Consider specific planning conditions on small, medium and large enterprises.

In small business conditions, there is practically no division of labor in the field of management, all management functions, including planning, is carried out by an entrepreneur. Due to the limited financial resources and relatively small production, there is no possibility to have in the state of highly professional specialists in the field of planning and other management functions. Small enterprise has its advantages and disadvantages. From the point of view of planning, small businesses have the following advantages:

Relative simplicity of organizational and management connections, which predetermines a fairly simple structure of the plan;

A few managerial personnel, which facilitates the interdependence of the partitions of the plan;

Mobility and flexibility of transition to innovations, ease of change of activities;

Narrow specialization in business types, as a result of which, there is also no differentiation by type of activity;

Relative ease of reorientation of the type of activity in accordance with the changing market conditions;

High customer adaptability to local conditions.

The properties of small businesses that impede planning process include:

Limited financial, material, labor resources;

Low creditworthiness;

High degree of dependence on market conditions;

The need to adapt to the goals of large business;

Large workload on personnel;

Working conditions and social security worse than in large enterprises;

Relatively low wages.

A feature of small enterprises is a sufficiently quick change of activities, frequent cases of the emergence of new and elimination of previously operating enterprises. In this regard, the plans of small enterprises are less stable than the plans of medium and large enterprises. The emergence of new small businesses may be due to circumstances that do not have an equally decisive value for medium and large enterprises. The causes of small enterprises are quite diverse:

The presence of an original idea (or patent) that allows you to create a new product or service attractive to the consumer;

The presence of a sufficient amount of initial investment, allowing to open a new case;

Favorable product sales prospects (services);

The presence of a resource of potential employees necessary for a particular small business, professional composition.

A small enterprise is characterized by the simplest management structure, in which each employee, including the owner of the enterprise, usually performs several functions. The chief owner performs the functions of developing strategic, current and operational plans, as well as the organization of the activities of the enterprise, control, labor motivation. When forming a plan for a small enterprise, it is usually worth the strategic task of increasing turnover and its share in the sales market, since each small enterprise seeks to increase its capital and to the transition to a group of medium-sized businesses.

In addition to the owner, the leading role in the small enterprise is played by the chief accountant, which, in addition to direct responsibilities for accounting for economic activities and the balance sheet, conducts an analysis of financial and economic activities, controls the movement of financial flows and the efficiency of resource use.

At the small enterprise, as at any enterprise, the relationship between current and strategic plans must be ensured. The main indicators included in the small enterprise business plan are the following characteristics of the production program differentiated by type of activity:

In the scientific and teaching business - the volume of orders for R & D (research and development development);

In consulting firms - the volume of orders for consulting services;

In wholesale trade - procurement plan;

In domestic services - the amount of services ordered;

In the turbines - the volume of vouchers.

Based on these basic performance indicators, private planned indicators are developed: the need for working capital and fixed assets necessary for the implementation of the production program; The need for personnel and a planned payment fund of remuneration with the system of motivation and remuneration in the enterprise are determined.

When planning in small enterprises, it is necessary to navigate primarily on financial capabilities and credit restrictions. Under these conditions, it is necessary to carefully monitor the expenditure of funds, as the savings of all types of resources and the effective use of the available enterprise's potential are sources of economic growth in the organization and the base for the transition to the average size of the business.

Fundamentally other goals and planning conditions exist on medium, and especially in large enterprises. Middle enterprises are made to attribute organizations with the number of personnel to 500 people. The level of analytical work, the quality of planning and the effectiveness of controlling the financial and economic, marketing, industrial, personnel activity is objectively increasing compared with the small business.

In medium-sized enterprises, marketing plan becomes basic for planning other activities, while it is necessary to pre-identify the capacity of the target market, possible sales channels. The expected sales volumes are calculated for each type of product, taking into account the market situation. The remaining sections of the plan are developed on the basis of the information. In accordance with the growth of production, the degree of uncertainty increases the achievement of end results due to higher competition, the level of economic risk is growing, which should be taken into account in the planning process. The relevance of the development of an enterprise strategy is increasing, which is formed in the process of strategic planning.

A feature of the management organization in the Middle Business is that the Director-General delegates the implementation of certain management functions and areas of activity by relevant managers: on marketing, on financial and economic management, for the production of personnel, etc. Create relevant specialized functional management groups. To perform these works, professionals owning modern management technologies, decision-making and business management are involved.

In the Strategic Plan of the Middle Enterprise, the problems of growth of assets and authorized capital are the basics of increasing mortgage guarantees and, accordingly, expand the possibilities of attracting investments for the development of the company. For these companies, the desire to increase the market share, the development of the dealer network. In general, it should be noted that in almost all the procedures and mechanisms of professional intrafirm planning are becoming relevant in the middle business.

In the most advanced form, modern management technologies, including planning and forecasting, are presented in large businesses. The characteristic features of large business are: the concentration of capital, the integration of structural elements, an increase in the role of intra-profit planning as an essential element of the company's management. Large companies are characterized by both significant advantages and certain disadvantages.

The benefits of large companies that should be taken into account in the planning process include:

Large production facilities;

High scientific and technical level;

The relationship of research and production processes;

Wide nomenclature of goods (works, services);

Systematic updating of the range of goods (works, services);

The development of fundamentally new types of goods (works, services);

A great opportunity to issue competitive goods (works, services);

Relatively low specific costs;

Financial stability;

High level of social protection staff. At the same time, the major business has its weaknesses:

The complexity of internal and external communication relations;

Organizational inertia structures;

A large number of management personnel;

Relative complexity, duration, insufficient efficiency in making management decisions;

High entrepreneurial risks caused by a wide range of products, the dynamics of its update.

The main incentives for the formation of large enterprises are: the large capacity of the target market, high high-teterness of products, the presence of real prospects for the extraction of super-profits, the presence of prospects for a long, stable output of products with a long life cycle.

Large enterprises include not only individual companies, but also of various types of integrated structures: concerns, financial and industrial groups (FIGs), holdings, transnational corporations (TNCs). Integration forms also include cartel, consortium, pool, syndicate, trust, combine.

The integration of enterprises in these structures can be vertical and horizontal. With vertical integration, enterprises engaged by consistent operations of the single cycle of production - from the stage of formation of sources of raw materials to the stage of obtaining finished products (workpiece, processing, assembly). In terms of horizontal integration, technologically homogeneous enterprises are combined, such as a group of procurement enterprises or machining or assembly.

A special form of integration is the diversified integration widely represented in world practice, which combines heterogeneous enterprises in the industry.

The process of prediction and planning in integrated companies has a number of specific features caused by their organizational structure, a profile of activity and the specifics of management functions. In particular, a large number of employees in integrated companies predetermines the need for such a section of the plan, as the social protection of working and creating a favorable social and psychological microclimate in labor collectives.

Another essential feature of planning the activities of integrated companies is the need for controlling at all stages of development and implementation of plans. This is due to the risk of large material losses due to an insufficient level of analytical work. When making planned solutions, these monitoring of the emerging trends of the impact of external and internal factors are needed.

All marked features of planning activities of large companies predetermine the need to attract highly qualified specialists - managers and controllers, as well as the need to create relevant structural units in the company management system.

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In the study of the success of the individual and the effectiveness of its activity, the problem of a socio-psychological plant occupies the most important place. Subject to the study of this psychological education, it is possible to resolve the question of what the behavior and, most importantly, human activity is regulated. The predisposition of the personality to act in a certain way determines all areas of its livelihoods, up to the most complex social objects and situations, and, undoubtedly affects the formation of the style of professional activity and its effectiveness. FROM oral psychological installations should be considered as a state of psychological readiness that makes up on the basis of experience and affecting the human reaction regarding those objects and situations with which it is connected and which is socially significant.

This study discusses certain socio-psychological attitudes of the Bank's employees and their relationship with human behavior in a specific situation, namely in the context of certain professional activities. The profession of bank employees in the last decade has become especially popular. At the same time, the specifics of the work in different units of the same enterprise, in particular, the Bank is often different.

The article describes the activities of such divisions as a department for maintaining credit products, on a professional slang called Call Center, and the control of the initial debt collection, the so-called collection. The main task of consultants by phone - providing customers with the necessary, full and comprehensive information in order to "transform" interested in the Bank's permanent client. The main objective of the work of the debt collection department is the waging of the client to fulfill obligations under the loan agreement and repayment of receivables. The work of the Consultant Operator and Debt Specialist, has the following common features: clear, specific responsibilities, strictest discipline, lack of creative initiative, work under constant control, monotony and monotony, steady following scheme of work, constant overload. Differences are in the nature of communication: in the debt collection department, communication initiative belongs to employees, in the counseling department to customers. If necessary, adherence to the etiquette by all employees in the first case there is unconditional pressure on the client, in the second manifestation of excerpts and patience. In the first case, the situation is almost always the same, the second is characterized by the presence of non-standard situations. In the first case, the manifestation of aggression is more often manifested with workers, in the second - customers.

As hypothesis, it was assumed that socio-psychological plants and their exterogenic manifestations of behavior of consultants and debt collection specialists will be different.

The article presents a comparative analysis of the social and psychological attitudes of employees of various departments: orientation on a process or result, money or labor, freedom or power, willingness to solve conflicts in one way or another and manifestations of perceptual interactive competence (the ability to listen, interconnecting, mutual understanding, mutual influence, Social autonomy, social adaptability, social activity). The results obtained are confirmed using mathematical statistics methods.

In the course of the study, it was revealed that the operators of consultants are less oriented to the result, more altruistic, less freedom-loving and do not seek to influence others, while the experts of the debt collection department are more oriented to the result, more selfish, detect the desire for freedom and to influence Others. Consultants' operators more often than experts from the debt collection department use a "adaptation" strategy towards the client, and this is an indicator of professionalism, since the purpose of their activities attracting regular customers and the implementation of the banking product. For specialists of the debt collection department, the competition is characterized by the "Competition", since the success of their activities is the number of returned loans. Consulting operators have more developed hearing skills than experts on debt collection. With equal overall communicative interactivity, consulting operators have greater interconnection skills, characterized by higher autonomy, adaptability and activity.

The study may be interesting to the leaders of such divisions, specialists from the department for training and development and psychologists working with staff of banking enterprises, and can also serve as a basis for the preparation of differentiated programs for the development of professional competence of workers.