О ПРИРОДИ ДРУШТВЕНИХ ДОГОВОРА
On the Nature of Social Agreements

Summary/Abstract: On the subject of social agreements there are, due to the lack of precision of constitutional provisions and to some extent diverse provisions of the Associated Labour Law, differing concepts: firstly that they are legal acts, secondly that they are not legal act and thirdly, that they are occasionally legal acts and occasionally not legal acts. On the basis of the constitutional principles and the analysis of constitutional and legal provisions it may be concluded that only a small group of certain social agreements represent legal acts. Otherwise, social agreements are social and political ects, by which self-managing collective social subjects (entities), in the process of practical application of the principles of socialist self-government, on the basis of its position as a self-managing body and in the performance of social management over social matters of business, determine policies and their own actions in matters of their own broader common interest or general social interest. Therefore — generally speaking — between the participants in the social agreement there is no established legal relationship, so that their liabilities arising from that agreement do not have the significance of legal liabilities; due to the default of these obligations there cannot be taken any legal action, there cannot be mated out legal sections, nor could the pronounced (social and political) sanctions be by legal means, coercively, executed or inforced. Apart from certain exceptions, through social agreements there are established social and political relationships between the parties to the agreement, with liabilities of a social and political nature, where the abuse or violation of which only results in social and political sanctions (social reprimand, criticism or condamnation, etc.), the effects of which consist of the loss, diminishing of social reputation, respect etc., that is, in the socially negative "affirmation”. Therefore, social agreements are not legal acts, not any source of law and not a part of the legal system. In principle, the norms found in social agreements are social non-legal norms; they are a part of the system of social non-legal norms.

• Details
• Contents