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자본주의 시장 경제로의 이행에 따른 러시아 기업인의 계약 및 권리의식 변화
류혜정(Ryu Hyejung) 한국슬라브유라시아학회 2007 슬라브학보 Vol.22 No.2
This research is motivated by following; how the change of the contract law system after the Soviet Union’s collapse affects Russian enterpriser’s attitude toward the contract and the legal consciousness. In imperial Russia where the contract legal system has not been constructed, ‘custom law or the interaction law’ has governed the legal relationship between people. The Soviet’s contract law system has ‘public’ and ‘formal’, characteristics. In fact, the Soviet’s contract law system was more developed than Imperial Russia. After the Soviet’s collapse as restructuring the capitalistic market economy, the contract law system which had been established in the Soviet era has been changed suddenly. The contract law system in post Soviet era is different with the Soviet’s regarding to ‘autonomous’ and ‘substantial’ characteristics. But the contract law systems in Imperial and Soviet, post?soviet Russia have the common characteristics regarding to ‘ideal’ and ‘authoritarian’. The radical change of the contract law system in post?soviet era has caused the confusion to Russian enterpriser’s legal consciousness. Because of the judicial system which is unstable and is changing day by day the trend of mutual distrust has been prevalent. But the survey results of the 50 Russian enterpriser’s legal consciousness show the different results. The Russian enterprisers in post?soviet era have started to understand the relationship of the law which relates with a contract and depend on official court when a dispute occurs. The Russia enterprisers are predicting rationally the dangers of borrowing and lending the money. In advance the Russian enterprisers investigate the contents and the effects of the insurance contract before entering into an insurance contract. When the Russian enterprisers want to dismiss the workers, they would investigate the labor regulations and try to obey the regulations. The survey results of the 50 Russian enterprisers’ legal consciousness show the Russian enterprisers try to obey the law and start to adapt to the changing the contract law system. Also the survey results show Russia enterprisers recognize the legal force and effect of the written contract. Nevertheless, the survey results of the 50 Russianenterprisers show the Russian enterprisers are affected by the ‘public’ and ‘formal’ characteristics of the soviet contract law system.
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