| Abstract [eng] |
Social Conflicts: the Concept and Potential for Legal Regulation SUMMARY In the master work the conception of social conflict is analyzed: the concept of social conflict, the main ideas, the reasons, structure and dynamics of social conflict, the classification of social conflicts, their functions, results, strategies of solution are given. The odds of cross-purposes of work are particularly analyzed by the chosen purpose of work, mainly those which grow into contentions of work and are investigated by the legal means, the conception of methods for the investigation of the legal contentions, their merits and demerits are disputed, the particular ways of legal regulation of the contentions of work are analysed In the work the conceptions of social conflict, the problems of separation of the conflict of work, the contention of work and the regulating of contentions of work in Lithuania are analyzed. The main demerits of the contentions of work, which are intended in the Code of work of the Republic of Lithuania are disputed, the inconsequence of the used conceptions, the absence of solid system of means to regulate the contentions of work are noticed. Also the intended innovations and changes of the Code of work, proposed to the Seimas of Republic of Lithuania, connected with the correction of conceptions of contentions of work, the clearer separation of collective contentions of work due to the law and the interest, the changes of system of methods of investigation of the contentions of work are disputed. The performed analysis admits to conclude that the investigation of social conflicts turns to be more and more complex, the scholarly opinion on the social conflict itself has changed a lot since the start of first investigations: from the factor of disintegration of society, the anomaly of social environment to the immanent phenomenon in the sphere of interaction of people and (or) their groups, which means the integration and identification. Such the function of social conflict asserts not on all occasions, but only while acting the mechanisms of regulation, in which the guarantees for the effective solution of contention are settled. The legal regulation is intended for the such social relations, which are the most important and the irregulation of which would endanger the State, society, individuals. The sphere of the working relations is one of the most complicated. The contentions which accord the legal criteria are solved by the means and order intended in the legal acts and are called the contentions of work. The positive law of Lithuania is not yet steady in the question of working contentions, it is shown by the continually changed rules of the Code of work, by remarks and purposes expressed in the jurisprudence, by experience of foreign countries. Such the situation is connected with the real changes of the social relations, but the lawgiver changes the several rules of the institute instead of forming the united conception and fixing it in the legal acts. |
