scholarly journals Legal Basis and Regulatory Applications of the Once-Only Principle: The Italian Case

Author(s):  
Francesco Gorgerino

AbstractThis study presents how the OOP is related to the constitutional and institutional principles concerning the good performance and impartiality of public authorities and the protection of citizens’ rights against the action of public administration, with special regard to the Italian regulatory framework. The national path towards the implementation of the principle is examined, starting from the obligation of the use of self-certifications in place of certificates and the automatic acquisition of data and documents in administrative procedures down to the digitalization of administrations and the interoperability of public databases. A specific paragraph is devoted to the OOP in public procurement, as crucial for development of the European digital single market.

Author(s):  
Konstantin Ishekov ◽  
Konstantin Cherkasov ◽  
Yulia Malevanova

Current anti-corruption legislation is characterized by a lack of concentration and unity of legislative acts that regulate the work of public authorities and administration at the federal and inter-regional levels. The Federal Law «On Counteracting Corruption» has a framework nature and does not meet all the challenges of preventing and counteracting corruption that the Russian state now faces. Thus, the relevance of this study is obvious. The goal of the authors is to determine the key trends and means of systematizing legislation that regulates the anti-corruption activities of the state. Having analyzed a vast massive of normative legal acts on counteracting corruption at the federal and inter-regional levels as well as international experience, the authors conclude that it is necessary to amend the Federal Law «On Counteracting Corruption» by, among other things, systematizing the norms that regulate the corresponding sphere of state activities. The authors express their confidence that the effectiveness of legislation on counteracting corruption could considerably improve with the «package» principle of streamlining legislation and the introduction of a basic normative legal act — the Law on Counteracting Corruption, then changing the acts that are not in line with it and developing other normative documents to specify it. The use of a systemic approach to counteracting corruption also requires the revision and improvement of some clauses of the National Strategy of Counteracting Corruption which should incorporate the analysis of the situation with the anti-corruption policy of the state, the assessment of the effectiveness of the existing system, monitoring and audit, as well as the instruments of the anti-corruption policy. The paper also presents the authors’ position on the development and upgrading of the legal basis of organizing the public authorities and administrations at the central and inter-regional levels that regulates the specification and optimization of determining and delimiting jurisdictions in the sphere of counteracting corruption. The authors conclude that at present it is not advisable to organize a separate special corruption counteraction body in Russia because the conditions necessary for its establishment are lacking.


The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.


Author(s):  
Kateryna Lutska

This study examines the practice of integrating technology into the activities of anti-corruption bodies in Ukraine and ways to use technology to ensure accountability of public authorities. To analyze the state and identify prospects for the use of modern technologies in the field of anti- corruption in public administration, the materials of bodies in the field of anti-corruption activities of Ukraine were used. Methods of statistical analysis and content analysis were used to identify the state of e-government in the field of anti-corruption. In Ukraine, the processes of formation of anti-corruption infrastructure are taking place through the creation of specialized bodies for combating corruption and automation, digitalization of their activities. It is determined that in Ukraine the processes of development of e-government of anti-corruption bodies are actively taking place, which ensures accountability and transparency of activity in various directions. Among the main areas of technology implementation, where there is the highest level of corruption risks: investigation of corruption offenses; digitalization of privatization processes, which increases revenues to the state budget by 6 times compared to the planned volumes; digitalization of declaration of income and property of public authorities; development of websites and portals of open data on the activities of public authorities; digitalization of administrative services; digitalization of public procurement. Among the main areas of use of technologies to combat corruption – accountable automated processes of privatization of state property. Development of information and analytical support is aimed at automating the processes of pre-trial investigations and criminal proceedings, information protection. As a tool for accountability, information and analytical systems may be ineffective due to the abuse of power by higher anti-corruption bodies due to political pressure from elite structures.


2018 ◽  
Vol 16 (2) ◽  
pp. 133-156
Author(s):  
Györgyi Nyikos ◽  
Gábor Soós

The complexity of public procurement and the related controls are a significant issue that public authorities are facing in Hungary. The “fear” of being controlled by state authorities and EU auditors is affecting decisions in public procurement. However, research on the effects of such a system is largely absent. The purpose of the article is to explore the functioning of the control system related to EU funded public procurements and to examine its actual and potential impact on the purchases of public authorities. The method is first an introduction of the features of the control system and then the analysis of data from the relevant bodies in order to see the effect of controls and possible difficulties with the system. The results show that despite the seemingly positive impact on the regularity of procedures, the interference in the decisions of public authorities and the delays caused are problematic. It is therefore suggested that the Hungarian government should consider streamlining the control process such as through checks based on samples or focusing on the most risky procedures. The research is the first academic analysis of data related to public procurement control in Hungary, yet it can already inspire the Hungarian and other governments to review the effectiveness of such procedures and to reduce administrative burdens for public authorities as much as possible.


2020 ◽  
Vol 12 (1) ◽  
pp. 29
Author(s):  
Luciana Fabiano ◽  
Marlene Valerio dos Santos Arenas ◽  
Rafael Vicente Martins dos Reis ◽  
Lucas Rommel de Souza Neves

The study discusses the elements of technological innovation present in Law 8.666/1993 that can be considered promoters of sustainable development through public procurement. The research aims to identify elements related to “technological innovation” present in Law 8.666/1993, a public administration bidding law in Brazil, in comparison with its elements of “sustainability”, which can be considered propellants of sustainable development. Based on the contribution of the bibliographic references that deal with sustainability and technological innovations, it analyzes the importance of technology in bidding as a promoter of sustainable development. It is an exploratory study; the research is bibliographic, and the method of analysis is documentary, with content analysis. The results show an elevated index of elements regarding “technological innovations” present in the text of the current legal basis, when compared to the number of elements on “sustainable development” present in the same legislation. This study proposes the consideration of technological innovation as a dimension of sustainable development, driven by Law 8.666/1993, in view of the high content of referents to technological innovation present in its text.


Author(s):  
Tetyana Konstantinovna Mitropan

The article presents the questions of reviewing models and mechanisms of public administration in the procurement of goods, works and services in the field of construction. A comparative analysis of the types of public procurement mechanisms in construction, based on a set of features, has shown the superiority of a centralized type of mechanism that facilitates the introduction of efficient and flexible procurement methods, for example, the conclusion of framework agreements. The author’s vision of the mechanism of state building purchases, in the form of a conceptual model and system differences, is proposed. It is determined that a decentralized model of public procurement management involves the independent implementation by purchasers of procurement, that is, allows each customer to procure goods, works and services in the field of construction. The centralized model of public administration is characterized by the implementation of public procurement in order to provide the general needs of a single body on public procurement, that is, customers commission the implementation of public procurement on their behalf, a centralized body. According to the combined model of management, public procurement in the construction industry takes place under contracts implemented under the centralized model, and the direct ordering and receipt of goods, works, or services takes place according to the rules of a decentralized model. It is noted that according to the system-wide understanding of the mechanism of public administration in the procurement of goods, works and services in the field of construction, it represents a set of specialized management technologies (methods, techniques and tools) that ensure the organization of the process of public procurement of construction products by authorized agents. The direction of this process is determined by the need to implement the principles of vali- dity and innovation, fair choice of the best bidding, prevention of corruption and ensuring the high efficiency of the implementation of public public procurement.


Author(s):  
Martha Ivanivna Karpa

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.


Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.


Babel ◽  
2015 ◽  
Vol 61 (2) ◽  
pp. 283-303 ◽  
Author(s):  
Lily Lim ◽  
Kwok Ying Loi

Slogans play an important role in conveying information to targeted audiences, and the translation of slogans tends to be studied under the rubric of public-notice translation. Previous research mainly uses researchers’ expertise to evaluate the quality of this type of translation. Yet, little is known about what the targeted readers think about the translation, although their opinions present key information that helps to determine whether the translation has achieved the intended effect. This paper elicits and systematically analyzes readers’ responses. We investigate the case of Macao, a rapidly growing economy where the demand for English translation has markedly increased in recent decades. Public administration bodies in Macao have commissioned Chinese-to-English translation in varied areas such as tourism, social security and welfare, cultural and sports events. We sampled ten translated slogans that were used in the public sector, and administered survey questionnaires (n=130) to both source-text and target-text readers. The two groups of readers’ evaluations, based on the criteria of fluency, conciseness, persuasiveness and mnemonic effect, reveal that the translations are perceived significantly less favorably than the originals are. Readers most strongly disliked word-for-word translations, and pointed out numerous problems with the translations such as ungrammaticality, inappropriate word use, lack of appeal, and unintelligibility due to insufficient background knowledge. This research demonstrates the tangible value of using readers’ responses to evaluate translation quality. It also has implications for translator training, and recommends that public authorities should institute a rigorous quality assurance system.


Sign in / Sign up

Export Citation Format

Share Document