Suchergebnisse

PurposeBased on a review of the literature, this paper sets out to suggest that an organisation's service recovery procedures lead to three distinct outcomes; customer, process, and employee recoveries. The objective of the paper is to investigate the impact of service recovery procedures (i.e. the way service recovery is managed and executed) on these three outcomes and their relative impact on an organisation's financial performance.Design/methodology/approachA model, linking recovery procedures to the outcomes of recovery and financial performance, is tested using empirical data from a detailed survey of 60 organisations in the UK.FindingsIt would appear that many organisations and academic researchers have focused their efforts on customer recovery and have, to some extent, ignored the potentially higher impact outcomes of process and employee recovery. The main finding was that service recovery procedures have a greater impact on employees and process improvement than on customers. Furthermore, while many organisations appear to be concerned with service recovery few seem to be good at it or gaining the benefits of recovered customers, improved processes or recovered employees.Research limitations/implicationsThis paper tries to encourage wider research into the impact of service recovery. The main limitations were sample size and selection.Practical implicationsIt challenges the way some organisations have focused their recovery procedures on satisfying or delighting customers and suggests that by doing so they are missing out on substantial benefits. It also suggests that many organisations have a long way to go to develop their recovery procedures.Originality/valueThis work proposes three outcomes of service recovery and finds that the impact of process and employee recoveries may be more significant than customer recovery.

The article raises the issue of the provision of minor children in the event of parents' failure to meet their alimony obligations in the Russian Federation. As its solution, the authors propose to create an institute of alimony fund. The article analyses and reveals the essence of this institution on the basis of the experience of Soviet Russia and foreign countries – Spain, Sweden, Estonia and other countries – through the following aspects: the size of state support for underage children, the procedure for providing assistance, as well as the procedure for reimbursement of funds spent by the state, the sources of funding funds. The authors mention the existence of a similar institution to the Union of Soviet Socialist Republics (the institution of temporary allowances for underage children). The article concludes that by creating the institute of the alimony
fund in the Russian Federation is a comparative legal analysis of foreign institutions, public discussion, expert and legislative work based on the studied experience. The possibility of simultaneous existence of state and private forms of alimony funds in
the Russian Federation is also analyzed. The authors propose to adopt the Federal Law «On Alimony Funds in the Russian Federation», which will embody the solution of the existing problem and serve as a basis for legal regulation of these funds.

Task. The authors of the article set themselves the task of analyzing the specifics of the agreements on the payment of alimony and the procedural features of such cases. Model. To solve such a theoretical problem, it is necessary to investigate the legal nature of child support agreements as a type of bilateral transaction. Findings. The agreements on the payment of alimony differ in their ambiguous legal nature and require proper regulation in the norms of the current legislation of the Russian Federation. The scope of the study. Limited by relations in the field of family, civil law, civil process of the Russian Federation. Practical value. The identification of the nature and specific features of agreements in the field of family relations will not only enrich the theory of family law, but also create a basis for the formation of the practice of considering cases of alimony, and formulate general measures aimed at developing effective mechanisms to protect the property interests of participants in family relations. Social consequences. Determining the specifics of family agreements will allow us to establish the relationship and interdependence of the norms of the family, civil type and norms of the civil process, which will ensure their effective interaction in practice. Originality, value. A systematic study and study of the features of alimony agreements will allow them to be separated from other types of civil law transactions, identify common problems in collecting alimony and proper fulfillment of alimony obligations that impede the proper satisfaction of the basic needs of all family members. An analysis of the norms of the legislation of the Russian Federation allows us to identify additional opportunities and new ways to properly enforce court decisions on alimony.

Under China's current Marriage Law amended and enacted in 2001, its post–divorce financial relief system comprises three disparate component parts. The principal part and the one analogous to the American concept of "alimony" or "spousal support" is the "post–divorce financial assistance system," as authorized under Article 42. The other two parts, "economic compensation at divorce" and "divorce damage claims system," as authorized under Article 40 and Article 46, respectively, complement the principal part. After a brief historical overview of China's alimony legislations, this Article offers a doctrinal analysis of the two more straightforward components as embodied by Article 40 and Article 46. Then it delves into an in-depth textual criticism of Article 42, and its concomitant 1984 SPC's Judicial Opinions and Article 27 of the 2001 SPC's Judicial Interpretations, the three constituents of the entire corpus of China's "alimony laws." Through the lenses of California's divorce laws, focusing on the current judicial interpretations and practices, the author candidly critiques the Chinese sui generis body of "alimony laws." The author arrives at such significant findings: (1) The statutes and judicial interpretations are too vague to be of much practical guidance when judges decide issues such as the eligibility prerequisites for invoking the law and the criteria for rendering financial assistance; (2) The law is fraught with loopholes; (3) The law is obsolete and does not suit the current socioeconomic reality of China. The author observes that such vague, defective and obsolete laws leave too many key issues to the judges' vagaries. The author makes concrete recommendations and suggests specific remedies to close the loopholes and fill the gaps in the current post–divorce financial assistance system. The author advances the theory that the absence of an elaborate, systematic set of alimony laws and procedural rules is the direct result of the Party-state's overemphasis on mediation and a diehard feature of the rule of man, to the detriment of the rule of law. The author describes this trait as the corollary of the triumph of Confucianism over Legalism as manifested in contemporary China. The author marks out the stumbling blocks to reforming China's current alimony laws and cautions that the eventual reification of the proposed rules and legal remedies will hinge upon the outcome of the rivalry between the synthesists' views of rule of law and the thin theories of rule of law.

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.

The article analyzes the scientific and practical aspects of determining the amount of child support, the procedure for their recovery, the establishment of a guaranteed and recommended minimum size, the circumstances that the court considers when determining the amount of child support, as well as particular attention to the types of liability provided by the current legislation of Ukraine for persons, who do not pay child support. The problem of determining the amount of alimony for a child and collecting them is extremely acute in modern Ukrainian realities. In Ukraine, at the legislative level, the child is protected in his or her right to be retained by her parents until she or she reaches the age of majority, and in some cases after the child reaches the age of majority. But in practice, unfortunately, in most cases this protection is not implemented. Even with the positive developments in the issue of the proper protection of the rights of the child currently occurring in our country, the issue of child support is still quite acute. Due to the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of the Right of the Child to Proper Maintenance by Improving the Procedure for Alimony Collection", the procedure for collecting alimony was changed. With the latest changes, the minimum amount of alimony has been increased. From now on, the court cannot determine a child support rate of less than 50% of the subsistence minimum for a child of the appropriate age (previously 30%). The amount of alimony is determined either by agreement of the parties or by a court decision as a proportion of the mother's, the father's child's income or the hard cash, but in any case may not be less than the minimum guaranteed amount of the alimony.

The article analyzes the prospects for the possible participation of the Russian Federation in the Convention on the International order of alimony recovering and Other Forms of Family Maintenance in 2007. Identified factors contributing to the ratification of the Convention, as well as circumstances that create certain difficulties. Among the first are: universality of the Convention; compliance of many provisions of the Convention with the norms of family, civil procedural legislation and legislation on enforcement proceedings of the Russian Federation; the existence of a real mechanism that facilitates the effective alimony recovering abroad, and thereby satisfies the vital needs of needy family members. Among the factors of a “restraining nature”, some differences were noted in the provisions of the Convention and Russian legislation regarding entities entitled to alimony. In addition, Russia's accession to the Convention may require a review of national legislation on the provision of free legal aid. However, the system of reservations and declarations of amendment or cancellation of the rules provided for in the Convention allows to mitigate the constraints. As a result, it was concluded that for the Russian Federation, ratification of this Convention will have a greater effect and will solve the problem of receiving alimony from abroad.

Abstract
Aggressor state A occupies territory belonging to victim state V. After decades, V decides to go to war to recover its territory, although hostilities have long subsided. Are such 'wars of recovery' lawful under international law? Should they be? Recent conflicts have generated a heated scholarly debate on this question, which has ended in stark disagreement. A permissive approach argues that wars of recovery are lawful instances of self-defence, while a restrictive view claims that situations of prolonged occupation are territorial disputes that should be settled peacefully. This article uncovers the theoretical premises that underlie both approaches. As it shows, the dilemma reflects a larger tension within the contemporary international law on the use of force – mainly, between its traditional focus on state rights such as territory and sovereignty and a competing view that seeks to place individual rights at the core of the legal regime. As the article shows, deciding on the question of wars of recovery requires making commitments in four normative spheres: instrumentally, it requires considering questions of international stability, and, non-instrumentally, it requires considering questions of justice as well as possible justifications for killing and sacrifice. These considerations, however, result in instability owing, among other factors, to the fluctuating effects of the passage of time, which follow our normative assumptions about the legal order. Ultimately, the article suggests that those engaging in debate on wars of recovery make explicit their normative assumptions on the ends of jus ad bellum and that, in any case, even if wars of recovery would be deemed legal, they would still remain heavily contestable owing to strong competing reasons against them.

In recent years the concept of the 'recovery community' has gained considerable momentum in both the academic literature, as well as government policy. Despite this, there remains a lack of understanding of the recovery community. This is a theoretical paper designed to provide our conceptualisation of the recovery community. Drawing on Anderson's 'imagined communities', and MacMillan and Chavis' 'sense of community', we propose that the recovery community can be perceived as 'imagined'. A key component of our conceptualisation is language, and the power it has to unlock, and shape, the cultural beliefs of people in recovery from substance dependency, regardless of their location. The implications of this paper are that it further sparks debate into how we perceive people in recovery, as well as providing a platform that will continue to fuel the enthusiasm already behind the recovery community.