scholarly journals Legal and regulatory barriers to effective public-private partnership governance in Kazakhstan

2015 ◽  
Vol 28 (3) ◽  
pp. 181-197 ◽  
Author(s):  
Nikolai Mouraviev ◽  
Nada K. Kakabadse
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Legal Framework ◽  
Public Agencies ◽  
Content Type ◽  
The Public ◽  
Wage Rates ◽  
Purposeful Sampling ◽  
The Government ◽  
Definition Of

Purpose – The purpose of this paper is to provide a critical assessment of legal and regulatory impediments to effective governance of public-private partnerships (PPPs) in Kazakhstan. Design/methodology/approach – The qualitative study develops propositions from the PPP literature and then tests them against findings from in-depth interviews. Interviewees have been selected by a purposeful sampling from PPP projects in Kazakhstan as well as from national and regional PPP centres. Findings – The identified barriers to effective PPP management include irregularities in the PPP legal framework, such as lack of legal definition of a PPP and controversy with the government guarantee’s legal status for its long-term payments to partnerships; bureaucratic tariff setting for partnership services; non-existent opportunity for private asset ownership; and excessive government regulation of PPP workers’ wage rates. Practical implications – The partners’ opposing perspectives on a number of PPP issues show that management needs to identify and carefully reconcile stakeholder values in a partnership in order to achieve more effective PPP governance. Practitioners, particularly those in the public agencies, have to be concerned with ways to reduce the government overregulation of the private operators, which is likely to result in greater PPP flexibility in management and, ultimately, higher efficiency in delivering the public services. Originality/value – By elucidating multiple examples of overregulation and PPPs’ inefficiency, the paper demonstrates that the government dominance in PPP management is conceptually inappropriate. Instead, the government should adopt the concept of co-production and manage its relations with the private sector partner in a collaborative fashion.

Legal framework for religious activity in post-Soviet Kazakhstan: from liberal to prohibitive approaches

2020 ◽  
Vol 9 (1) ◽  
pp. 105-131
Author(s):  
Roman Podoprigora
Keyword(s):  
Law Enforcement ◽  
Political System ◽  
Government Regulation ◽  
Legal Framework ◽  
Public Attitude ◽  
Social Consequences ◽  
Religious Activity ◽  
The Public ◽  
Religious Associations ◽  
The Government

Abstract Religious activity is a very sensitive area of government regulation in Kazakhstan. After some post-soviet years of liberalization, the government has decided to return to soviet-style relations with a large amount of attention on the control and supervision of religious areas. The Law ‘On Religious Activity and Religious Associations’ adopted in 2011 was the result of such a decision. This article analyses the legal framework for religious activity, the model of relations between state and religious associations in modern Kazakhstan, the public attitude towards regulation in the religious field, the legal and social consequences of the adoption of current law, as well as the problems of its implementation and the government’s administration of religious activity in Kazakhstan. The author reaches the conclusion that more liberal legislation and law-enforcement practice is unlikely without changes in the political system, the public attitude towards religion and views on secularity.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

KUALITAS LAYANAN KETERBUKAAN INFORMASI PUBLIK BERBASIS WEBPORTAL PADA PEJABAT PENGELOLA INFORMASI DAN DOKUMENTASI (PPID) KABUPATEN SLEMAN TAHUN 2019

2020 ◽  
Vol 3 (1) ◽  
pp. 55-66
Author(s):  
Coni Wanprala ◽  
Isnaini Muallidin ◽  
Dewi Sekar Kencono
Keyword(s):  
Information Disclosure ◽  
Central Government ◽  
Public Information ◽  
Descriptive Study ◽  
Field Observations ◽  
Public Agencies ◽  
The Public ◽  
Qualitative Descriptive ◽  
The Government ◽  
Data Collection Technique

At present the development of technology and information has reached a very rapid level. Technology and information are used as a service media in the government environment which is also known as e-Government, one of which is the service of public information disclosure. The central government through Law No. 14 of 2008 concerning Openness of Public Information, encourages all Public Agencies including the Sleman Regency Government to make transparency in the administration of the state by utilizing information technology. This research is a qualitative descriptive study which aims to describe the reality that occurs. The object of research in this study is the official website of the Information and Documentation Management Officer (PPID) of Sleman Regency with the domain https://ppid.slemankab.go.id then the Sleman Regency Communication and Informatics Office as the organizer of the public information disclosure program. The data collection technique itself is carried out by means of interviews, documentation studies, and field observations (observations). After collecting and presenting data, then the data will be reduced first then analyzed and concluded. From the results of the study, in general the researchers concluded that the Sleman Regency PPID website had reached the level of qualification to become a quality website, however there were still some improvements and evaluations that had to be done by the relevant agencies in order to be better, namely (i) the website was still being assessed as a one-way service (ii) There are still many OPDs that are not ready to implement PPID (iii) data and information are still not updated (iv) lack of responsiveness of services in requests for information.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

A benchmarking study of Indian seaports

2019 ◽  
Vol 13 (1) ◽  
pp. 88-102
Author(s):  
Sajeev Abraham George ◽  
Anurag C. Tumma
Keyword(s):  
Financial Performance ◽  
Future Research ◽  
Data Envelopment ◽  
Operational Parameters ◽  
Two Stage ◽  
Content Type ◽  
The Public ◽  
Port Authorities ◽  
Financial Performance Measures ◽  
The Government

Purpose The purpose of this paper is to benchmark the operational and financial performances of the major Indian seaports to help derive useful insights to improve their performance. Design/methodology/approach A two-stage data envelopment analysis (DEA) methodology has been used with the help of data collected on the 13 major seaports of India. The first stage of the DEA captured the operational efficiencies, while the second stage the financial performance. Findings A window analysis over a period of three years revealed that no port was able to score an overall average efficiency of 100 per cent. The study identified the better performing units among their peers in both the stages. The contrasting results of the study with the traditional operational and financial performance measures used by the ports helped to derive useful insights. Research limitations/implications The data used in the study were majorly limited to the available sources in the public domain. Also, the study was limited to the major seaports which are under the Government of India and no comparisons were carried out with other local or international ports. Practical implications There is a need to prioritize investments and improvement efforts where they are most needed, instead of following a generalized approach. Once the benchmark ports are identified, the port authorities and other relevant stakeholders should work in detail on the factors causing inefficiencies, for possible improvements in performance. Originality/value This paper carried out a two-stage DEA that helped to derive useful insights on operational efficiency and financial performance of the India seaports. A combination of the financial and operational parameters, along with a comparison of the DEA results with the traditional measures, provided a different perspective on the Indian seaport performance. Considering the scarcity of research papers reported in the literature on DEA-based benchmarking studies of seaports in the Indian context, it has the potential to attract future research in this field.

The 2016 Police and Crime Commissioner elections

2017 ◽  
Vol 16 (2) ◽  
pp. 41-54 ◽  
Author(s):  
Peter Joyce
Keyword(s):  
Public Awareness ◽  
Primary Source ◽  
Source Material ◽  
Content Type ◽  
The Public ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Government

Purpose The purpose of this paper is to analyse the 2016 elections for Police and Crime Commissioners (PCCs) and to compare them with those that took place in 2012. It seeks to evaluate the background of the candidates who stood for office in 2016, the policies that they put forward, the results of the contests and the implications of the 2016 experience for future PCC elections. Design/methodology/approach This paper is based around several key themes – the profile of candidates who stood for election, preparations conducted prior to the contests taking place, the election campaign and issues raised during the contests, the results and the profile of elected candidates. The paper is based upon documentary research, making particular use of primary source material. Findings The research establishes that affiliation to a political party became the main route for successful candidates in 2016 and that local issues related to low-level criminality will dominate the future policing agenda. It establishes that although turnout was higher than in 2012, it remains low and that further consideration needs to be devoted to initiatives to address this for future PCC election contests. Research limitations/implications The research focusses on the 2016 elections and identifies a number of key issues that emerged during the campaign affecting the conduct of the contests which have a bearing on future PCC elections. It treats these elections as a bespoke topic and does not seek to place them within the broader context of the development of the office of PCC. Practical implications The research suggests that in order to boost voter participation in future PCC election contests, PCCs need to consider further means to advertise the importance of the role they perform and that the government should play a larger financial role in funding publicity for these elections and consider changing the method of election. Social implications The rationale for introducing PCCs was to empower the public in each police force area. However, issues that include the enhanced importance of political affiliation as a criteria for election in 2016 and the social unrepresentative nature of those who stood for election and those who secured election to this office in these contests coupled with shortcomings related to public awareness of both the role of PCCs and the timing of election contests threaten to undermine this objective. Originality/value The extensive use of primary source material ensures that the subject matter is original and its interpretation is informed by an academic perspective.

Public service motivation and organizational performance in Chinese provincial governments

2016 ◽  
Vol 10 (4) ◽  
pp. 770-786 ◽  
Author(s):  
Chunkui Zhu ◽  
Chen Wu
Keyword(s):  
Organizational Performance ◽  
Public Service ◽  
Public Service Motivation ◽  
Provincial Government ◽  
Civil Servants ◽  
Hunan Province ◽  
Government Employees ◽  
Content Type ◽  
The Public ◽  
The Government

Purpose This paper aims to examine different hypotheses concerning the effects of public service motivation (PSM) and other attitudinal or institutional dimensions on organizational performance (OP). Specifically, based on the experience of Chinese provincial governments, this study provides new evidence about how PSM may affect OP. Design/methodology/approach This study collected data from a survey of different provincial government departments in Sichuan Province, Hubei Province, Hunan Province and Chongqing Municipality in 2011. Using data from 761 respondents, Pearson correlation analysis and regression analysis were used to explore the relationships between related factors. Findings PSM, job satisfaction, affective commitment and job involvement have statistically significant effects on OP, and these results are consistent with the findings of previous researches that PSM positively affected OP at a significant level. The results suggest that, if civil servants have a strong PSM, the performance of their organizations will be high. Research limitations/implications Future research should look for additional factors that affect OP, comparing employees’ perceptions of an organization’s performance with objective data to determine whether, and to what degree, subjective measures of performance are valid measures of OP in the public sector. Practical implications In the process of improving government performance, it is significant to give attention to the government employees’ mentality. The government training and promotion system should encourage civil servants to care about the public interest. A more flattened organization should be considered as part of the next steps in government reform, and more opportunities should be provided to involve more government employees in policy making. Originality/value This study helps to clarify the effects of individual factors of PSM on OP in China in a tightly controlled bureaucratic environment, where related data are hardly accessible.

A critical examination of the regulation of Ponzi scheme in Mauritius

2018 ◽  
Vol 60 (6) ◽  
pp. 1393-1400
Author(s):  
Valerie Uppiah
Keyword(s):  
Research Method ◽  
Design Methodology ◽  
Legal Framework ◽  
Critical Examination ◽  
Financial Crime ◽  
Modus Operandi ◽  
Content Type ◽  
Ponzi Scheme ◽  
Definition Of ◽  
Legal Mechanism

Purpose The purpose of this paper is to analyse the regulation of the financial crime of Ponzi scheme in Mauritius. Contrary to money laundering which has a legal framework to combat it, for Ponzi scheme, there is no specific legal mechanism to combat this particular financial crime. Therefore, the aim of the paper is to provide for an analysis of Ponzi scheme which includes, inter alia, the definition of a Ponzi scheme, its modus operandi and how it should be tackled. Focus will be placed on devising a specific legal framework for it in Mauritius. Design/methodology/approach The research method used to conduct this research and write this paper is a black letter legal research method. An analysis of several laws and cases is carried out so as to provide for the legal background of the research. Findings The investigation conducted in this paper will lead to the conclusion that Mauritius has to devise a law which will specifically combat Ponzi schemes. This law shall provide for the ways to counter this financial crime as well as the duties of the various financial supervisory bodies. Originality/value The paper provides for an analysis of the operation of Ponzi scheme in the Mauritian context. The paper also examines the existing legal framework that combats this financial crime in Mauritius and highlights its strengths and weaknesses.

Macau’s legal identity

2016 ◽  
Vol 5 (3) ◽  
pp. 342-354
Author(s):  
Jean A. Berlie
Keyword(s):  
Legal Framework ◽  
Chinese Society ◽  
Way Of Life ◽  
Matrix Formulation ◽  
Content Type ◽  
Basic Law ◽  
Legal Identity ◽  
Unique Identity ◽  
Historical Fact ◽  
Definition Of

Purpose – The Macau Special Administrative Region (MSAR) of the People’s Republic of China (PRC) has a unique identity. This study is based on a long period of research undertaken between 1995 and 2014. Permanent residents, the Chinese of Macau and all other MSAR residents constitute a body of model “citizens” which makes their legal identity understandable in the MSAR’s present social and economic context. Macau’s legal identity is based on centuries of trade and commerce. In Article 5 of the first chapter (I-5) of the MSAR’s Basic Law, the “way of life” in Macau’s society and economy are recognized as part of the MSAR’s legal framework. However, social change may play an important role in Macau’s development. The purpose of this paper is to look at the legal corpus as though it was a physical body with rights and duties, but also capabilities based on the nationality and residence statuses of its citizens, its companies and other entities (which will be studied more specifically in following articles). Design/methodology/approach – This study has used the combined approaches of fieldwork carried out between 2010 and 2015, interviews, and questionnaires. Findings – Way of life and the concept of One Country, Two Systems are key points that contribute to Macau’s contemporary identity. Way of life in the Basic Law constitutes a complex matrix formulation based on a series of particular facts and cultural traits, which leads to a better legal definition of important concepts such as nationality and residency in the particular case of Macau. The Basic Law is the constitutional law of the MSAR, but “Chineseness” still dominates the locals’ identity from day to day. More than 65 percent of the interviewees in the survey asserted their “Chineseness.” However, both Chinese and Portuguese, will continue to be official languages of Macau until 2049. The MSAR’s Chinese society speaks Cantonese and increasingly Putonghua, but it does not seem concerned by communicating using the Portuguese language. Clayton’s thesis emphasized the “unique cultural identity” of the MSAR and wrote that what made the Chinese of Macau “different from other Chinese, is the existence of a Portuguese state on Chinese soil.” Portuguese cultural tolerance is not mentioned, but it is a historical fact that has influenced Macau’s legal identity. The MSAR’s government has done its best to harmonize Macau’s multicultural society and it has particularly protected the Sino-Portuguese way of life in Macau. Practical implications – To apply the law and maintain the existing harmony in its society and economy, legal actions have had to be taken by the Macau government and courts. The courts of the MSAR are structured in three levels and have final powers of adjudication, except in very narrow political areas. The judicial system includes the following courts, from the highest to the lowest: the Court of Final Appeal, the Court of Second Instance and the Court of First Instance (Tribunal de Primeira Instância). Originality/value – This research is unique inasmuch as studies of legal identities focussed on large regions such as the MSAR of China are rare.

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