Government contracts and public law

Legal Studies ◽  
1990 ◽  
Vol 10 (3) ◽  
pp. 231-244 ◽  
Author(s):  
Sue Arrowsmith

In carrying out their functions government bodies frequently enter into contractual arrangements, both with private persons and with other public authorities. Like private individuals, for example, they make leases, employment contracts, and contracts of procurement to obtain the goods and services they require. Frequently they make contracts with the public in the course ofproviding public services and amenities – for example, in running public transport services, or in providing facilities such as recreation centres or museums to the public on payment of a fee. In addition, the government uses contract as a method ofcontrolling behaviour as an alternative to enacting regulations. It may, for instance, control the behaviour of those granted licences to trade or carry on other activities through contractually stipulated conditions

2018 ◽  
Vol 18 (2) ◽  
pp. 23-32
Author(s):  
Puji Astuti ◽  
Reka Marsela ◽  
Mardianto Mardianto ◽  
Thalia Amanda Putri

[ID] Permasalahan yang terjadi pada angkutan umum Trans Metro Pekanbaru adalah kedatangan bus selalu tidak tepat waktu dan rute pelayanannya tidak ke semua tempat serta fasilitas halte yang kurang memadai. Tujuan dari penelitian ini yaitu untuk mengetahui persepsi masyarakat terhadap fasilitas dan pelayanan angkutan umum Trans Metro Pekanbaru dan mengidentifikasikan kebijakan pemerintah sebagai pengelola Trans MetroPekanbaru (TMP). Manfaat dari penelitian ini yaitu agar mengetahui pendapat masyarakat dan kepuasan masyarakat terhadap pelayanan angkutan umum Trans Metro Pekanbaru dalam melayani penumpang. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian kualitatif dan dengan pendekatan deduktif. Pendekatan deduktif merupakan penjelasan tentang prinsip-prinsip isi pelajaran, kemudian dijelaskan dalam bentuk penerapannya atau contoh-contohnya dalam situasi tertentu. Responden adalah penumpang Trans Metro Pekanbaru, jumlah responden yang dijadikan sampel penelitian yaitu 115 responden.Hasil dari penelitian ini yaitu tentang ketersediaan Trans Metro Pekanbaru yaitu sebanyak 90responden menjawab berguna. Alasan masyarakat memilih Trans Metro Pekanbaru yaitu sebanyak 79 responden menjawab tersedia. Akses menuju halte yaitu sebanyak 72 responden menjawab mudah. Tarif ongkos yaitu sebanyak 83 responden menjawab murah. Keamanan dan kenyamanan saat menaiki Trans Metro Pekanbaru serta di halte yaitu sebanyak 55 responden menjawab baik. Pelayanan petugas yaitu sebanyak 70 responden menjawab sopan. Penampilan interior halte dan bus yaitu sebanyak 80 responden menjawab tidak menyenangkan. Kedatangan bus Trans Metro Pekanbaru yaitu sebanyak 71 responden menjawab kurang tepat waktu. Penampilan petugas Trans Metro Pekanbaru yaitu sebanyak 85 respondenmenjawab rapi. Tentang tempat duduk selalu tersedia saat menaiki bus Trans Metro Pekanbaru yaitu sebanyak 78 responden menjawab tersedia. Total keseluruhan responden yaitu 115 responden. Kesimpulan dari penelitian ini yaitu dalam segi keamanan dan kenyamanannya baik, tarif/ongkosnya terjangkau oleh semua lapisan masyarakat, dari segi negatif yaitu kedatangan bus selalu tidak tepat waktu dan halte kurang memadai. Adapun saran kepada pemerintah yaitu memperbaiki halte yang rusak menjadi halte yang lebih memadai. [EN] The problems that occur on public transport Trans Metro bus Pekanbaru is always imprecise arrival time and route of delivery is not to stop all places and facilities are inadequate. The purpose of this study is to determine public perceptions of the facilities and public transport services Trans Metro Pekanbaru andidentify government policies as the manager of Trans Metro Pekanbaru (TMP). The benefits of this research is in order to know the public opinion and people's satisfaction of public transport services in the Trans Metro Pekanbaru airport passengers. The method used in this study is a qualitative research method anddeductive approaches. Deductive approach is an explanation of the principles of subject content, then described in terms of implementation or examples in certain situations. Respondents were passengers of Trans Metro Pekanbaru, the number of respondents that the research sample is 115 respondents.Results from this study is about the availability of Trans Metro Pekanbaru as many as 90 respondents answered handy. Communities choose Trans Metro Pekanbaru as many as 79 respondents provided. Access to the bus stop as many as 72 respondents answered easily. Rates / fees as many as 83 respondents answered cost.Safety and comfort while riding the Trans Metro Pekanbaru and at the stop as many as 55 respondents answered either. Ministry officials as many as 70 respondents answered politely. The interior appearance and bus stop as many as 80 respondents answered no fun. Trans Metro bus Pekanbaru arrival of as many as 71 respondents answered less timely. Appearance officer Trans Metro Pekanbaru as many as 85 respondents answered neatly. About seating is always available while riding the Trans Metro bus Pekanbaru as many as 78 respondents provided. The total respondents, 115 respondents. The conclusion of this analysis, in terms of both safety and convenience, tariff / fare is affordable by all levels of society, from the negative aspects of the arrival of a bus always untimely and inadequate shelter. The advice to the government is to improve bus stops are broken into more adequate shelter.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


2021 ◽  
Author(s):  
Kosukhina K.V.

The article is devoted to the analysis of the development of public initiatives in Ukraine, as well as their role in building a dialogue between the government and civil society. The connection of the public initiative with the provision of social services is considered. The interaction of civil society institutions with public authorities is determined.


2021 ◽  
Vol 10 (1) ◽  
pp. 45
Author(s):  
Khairunnisa Musari

Pandemic brings a crisis. This makes world leaders have to work hard and smartly in managing state budgets. During the heyday of Islam, Muslims also faced crises. Given that time the power of Islam mastered many areas of the world, it can be assumed that the crisis that occurred in the past was a global crisis as it is happening today. The difference is the crisis that occurred at the time because of losing the war. This paper tries to describe the historical experience of the esham, one of the fiscal instruments in the Islamic world that helped the Ottoman Empire overcome the crisis. Esham has mobilized low-cost funds from the public in a relatively concise time. Esham served as a better choice than looking for foreign debt. As the origin of sukuk, esham has simpler structure so that can be used as an alternative to sukuk with a lower cost. To deal with a crisis, esham may intervene in the economy. Esham funds to the real sector in turn will help the government drive the economy as well as control prices in the market for goods and services. Therefore, esham has the potential in facing the crisis.


Author(s):  
Sergei Aleksandrovich Konovalenko ◽  
Georgy Ismaylovich Harada ◽  
Nazirkhan Gadzhievich Gadzhiev

Implementation of the decisions made in the course of management of economic and socio-political development of the state causes the adequate financial flows forming the budgetary sphere of the state. The trouble in this sphere does not allow to provide the necessary level of economic growth, hampers reforming of the economy, makes negative impact on commercial and foreign economic activity, interferes with improvement of monetary and credit, tax, insurance and other spheres of the financial system of the Russian Federation. The offenses connected with corruption and theft of budget funds committed by officials at various levels significantly undermine the authority of the government, cause a growth of discontent of society and impact the social and economic situation in the country. The practice of identifying the offenses connected with theft of public funds and property shows that practically all spheres of the public sector of economy are, to a greater or lesser extent, subject to the risks of such crimes commitment. In this regard, a research of methods and ways of assessment of corruption theft amount in the public sector of the economy is an important and hot topic. The main types of public funds theft have been analyzed, including theft of budget funds allocated in the form of grants for targeted measures; theft by overcharging the prices of goods and services used for the state needs; the acquisition of inventory for personal use of the heads of public companies at the expense of the company, etc. The dynamics of the amount of budget crimes in the Ryazan region has been analyzed. It was inferred that corruption crimes in the public sector of the Ryazan region include fraud, abuse of power, abuse of authority, illegal participation in business, as well as taking bribes. A set of measures for preventing the above crimes has been proposed.


Author(s):  
I Gusti Ayu Stefani Ratna Maharani

This research is focused to identify and analyze the role of the expert information as evidence in the case of corruption. One of the criminal acts of corruption that often occurs in the government is the criminal act of corruption in goods and services procurement, in which the perpetrators have abused the social aid fund from the government. There was the case of criminal act of corruption in goods and services procurement for social aid fund that occurred in Tabanan -Bali, which committed by I Wayan Sukaja, who had corrupted the State’s financial or social aid fund. Within the process of verification in the trial, the public prosecutors submit 2 (two) experts who provided information to assist in terms of verification. This study uses normative research methods. The purpose of this study is to analyze the role of expert information as evidence in criminal act of corruption. The role of an expert cannot be ignored because it will help the judges, prosecutors and lawyers who have limited knowledge. If the expert’s information is contrary, it could be ruled out by the judges but the expert’s information that excluded must be based on clear reason, and the judges must have strong base in assess the role of the expert’s information.


2019 ◽  
Vol 280 ◽  
pp. 04016
Author(s):  
Muhammad Nanang Prayudyanto ◽  
Muiz Thohir ◽  
Stefan Belka

The subsidies for public transport entails a controversial discussion on the pros and cons. On one hand mode share of public transport will decrease with increasing income levels towards private motor vehicle use. Intention of this paper is to prove that subsidy plays important role in the public transport operation and business. However such subsidy is not recover he needs to carry out the sustainable urban transport in the future. Government and private partner should create a systematic subsidy targeted for the right modes, that having sustainable achievement. This paper is structured to answer to what extent the effectiveness of government subsidies for the development of public transport services.


1999 ◽  
Vol 11 (1) ◽  
pp. 59-88 ◽  
Author(s):  
Gail Radford

American government officials experimented with a variety of tools for public administration in the early twentieth century. The regulatory commission became the best known of these new institutional forms, but another Progressive Era innovation with profound and ambiguous implications for U.S. political development was the government-sponsored corporation. Often called “public corporations,” these instrumentalities were created to carry out public purposes, but they were established as separate legal entities to function outside the standard departmental structure of government (and its organizational principles and restrictions). Today, these structures are most prolific at the state and municipal level, where they are generally termed “public authorities.” Since World War II they have been the fastest growing kind of government unit, with, at present, around ten thousand in existence. While everyone perceives these institutions as important players in local affairs, even well-informed citizens are frequently puzzled when it comes to knowing exactly what they are or what they do.


2019 ◽  
Vol 78 (3) ◽  
pp. 545-569
Author(s):  
Tom Cornford

AbstractIn this article I address the question of whether the omissions principle – the principle that the common law does not impose liability for omissions – applies with the same force in negligence cases involving public authority defendants as in cases involving private defendants. My argument is that the answer depends upon the answer to a prior question: can a duty of care be based upon the public law powers and duties of a public authority? In making my argument, I refute the views both of those who insist that a claim in negligence against a public authority can be rejected purely because it relates to an omission not falling within one of the standard exceptions to the omissions principle and of those who insist that such a claim can succeed while at the same denying that a duty of care can be based on a public authority's public law powers and duties.


2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.


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