Public-Private Partnerships in Slovenia: Recent Developments and Perspectives

2010 ◽  
Vol 35 (2) ◽  
pp. 191-215 ◽  
Author(s):  
Katarina Zajc ◽  
Bojan Tičar
Keyword(s):  
Public Service ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Private Partnerships ◽  
The European Union ◽  
Economic Rationale ◽  
Open Questions ◽  
Recent Developments ◽  
Definition Of

AbstractIn this article, the authors define and analyze the legal framework for public-private partnerships (PPP) as a new institution under Slovenian law. In the first part of the article, the authors discuss the legal definition of PPP in the European Union. In the authors' opinion, the EU's concept of PPP can be defined and regulated in several ways. As a result, the understanding of PPP differs from one member state to another. A related issue is the question of the definition of 'public service'. Before defining and discussing new forms of PPP as determined in the 2006 Slovenian Law on PPP, the authors discuss the economic rationale for implementing the two types of PPP in Slovenia: special contractually based partnerships and corporate-based partnerships. The former can be a concession agreement or public-procurement agreement, while the latter is a type of newly established or newly transformed legal entity. In the next part of the article, the authors describe new legal procedures governing PPP arrangements in the future and and offer some limited empirical evidence on those concession agreements that already exist in Slovenia. The authors conclude the article with some open questions about the legal regulation of PPP in the Slovenian legal system as well as an international comparison.

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.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals Open issues and perspectives of the present arrangements between FR of Yugoslavia and international financial institutions

2003 ◽  
Vol 46 (1-2) ◽  
pp. 55-72
Author(s):  
Pero Petrovic
Keyword(s):  
Financial Institutions ◽  
Free Market ◽  
Banking System ◽  
Macroeconomic Policy ◽  
Legal Framework ◽  
International Financial Institutions ◽  
Open Questions ◽  
Foreign Countries ◽  
Definition Of ◽  
New Framework

The economic-financial relations with foreign countries and organizations and that is include transition of the Yugoslav politics and it is complex subject about characteristics of the actual arrangements of the FR Yugoslavia with international financial institutions and organizations and that is only one important part. But interrelations that processes is obviously for this article main subject are open questions and dealed with it a perspective of the future arrangements. We must take micro and macroeconomic measures dealed with problems of our society and economy that arrangements will be important factors of the development of the economic development. International Monetary Found is concluded that FR of Yugoslavia have a great successes in the reforms of macroeconomic policy and in the first part dealing with inflation and growth of the currency reserves and growth of the industry production. Dealing with new macroeconomic policy bring the results and new tax politics and liberalization of the tax policy an currency system at the beginning of this year. New framework of the privatization and definition of banking system there is create a new legal framework with goal of transformation economy to free market economy.

PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION

2020 ◽  
Vol 10 (4) ◽  
pp. 123-129
Author(s):  
Serhii Yesimov ◽  
◽  
Vitalina Borovikova ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Special Role ◽  
The European Union ◽  
Coercive Measures ◽  
Legal Principles ◽  
Financial Activity ◽  
Legal Coercion

The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.

Use of OSS by Local E-Administration

2011 ◽  
pp. 428-444
Author(s):  
Laurence Favier ◽  
Joël Mekhantar
Keyword(s):  
European Union ◽  
State Level ◽  
Free Software ◽  
Public Private Partnerships ◽  
State Agencies ◽  
The European Union ◽  
Constitutional Principle ◽  
Open Standards ◽  
Four Levels ◽  
Definition Of

This chapter deals with the integration of OSS in local and territorial e-administration and its relations with the state level in France. France includes both many local collectivities: (36,568 local collectivities) on four levels (local, departmental, regional, and central) and a centralized State. The policies defined in France and promoted by initiatives from the European Union are leading to the definition of a normative framework intended to promote interoperability between information systems, the use of free software and open standards, public-private partnerships, development of know-how and abilities. These policies are applicable to State agencies but are not required for local and regional collectives because of the constitutional principle of administrative freedom. The chapter shows how the integration of all administrative levels can be operated in an e-administration framework OSS based, often coexisting with proprietary software. The legal, political, and technical (III) frameworks of such integration are presented.

Combating the Illicit Trafficking of Cultural Property: The Multifaceted Response to a Complex Challenge

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Letizia Casertano
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Cultural Property ◽  
International Terrorism ◽  
The European Union ◽  
Security Systems ◽  
Recent Developments ◽  
Illicit Trafficking

Abstract In recent years the phenomenon of the illicit trafficking in cultural assets has been addressed by international and European lawmakers as an important phenomenon within the complex criminal networks used for the financing of international terrorism. The factors that contribute most to its development include in particular the availability of advanced technologies for plundering archaeological sites and e-commerce, which has sped up trade by breaking down space-time barriers, along also with armed conflict, political instability and poverty. In order to bring about change and put an end to the phenomenon, some significant legislative choices have recently been implemented in the European Union. The aim is to create a regime that is as uniform as possible along with a network of standardised controls capable of intercepting illicit trafficking. The concerns of art market operators surrounding the introduction of new rules and regulations can be appreciated if it is considered that the vibrant lawful market of artworks operates in accordance with tried and tested arrangements. This article will seek to provide an account of the phenomenon in its full complexity, highlighting the most significant recent developments within the European Union. It will also discuss the role of information and digital technologies in the area of cultural heritage. In particular, the existing European legal framework represented by the main legal instruments adopted by the international community and by the European Union will be sketched out, including both civil law and criminal law responses to the illicit trafficking of cultural heritage. Within this context the importance of the issues of traceability within art transactions, which are mostly paper-based, will be investigated along with other related issues such as digital tracking of artworks (digital passports), art security systems and authentication technologies.

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.

scholarly journals CAPITAL INVESTMENTS: NORMATIVE LEGAL AND ACCOUNTING

2021 ◽  
pp. 166-181
Author(s):  
Olena PODOLIANCHUK ◽  
Nataliya GUDZENKO
Keyword(s):  
Capital Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Object A ◽  
Separate Object ◽  
The Difference ◽  
Definition Of ◽  
The Cost

The article evaluates the legal regulation and accounting of capital investments and determines that a single and precise term that would determine their essence has not yet been developed. The difference in the definitions of capital investments is outlined, which leads to confusion in their evaluation and reflection in the system of accounting accounts. There are two approaches to determining the nature of capital investment in the legal framework: economic and accounting. The dynamics and structure of capital investments by types of assets in terms of 2015-2019 are presented. Based on the results of elaboration of the regulatory framework and scientific opinions of scientists, their own opinion on the definition of capital investment has been expressed. It is noted that in the organization of accounting for capital investments it is important to assess, classify, justify objects, as well as the allocation of costs to current (to maintain the object in working order) and attribute investments to capital (improving the functional properties of the object ). A generalized classification of capital investments is proposed, which will help to timely and fully systematize the accounts and reflect in the reporting of objective and reliable information. It was found that one of the problems of accounting for capital investments is the distribution of costs and investments incurred between current costs and capital investments. Entities are invited to develop their own criteria for identifying capital investment objects and assigning the cost of repairs (capital repairs) to capital investments and approve them in the accounting policy and order. In order to ensure the objectivity of the information on capital investments, alternative changes to the Chart of Accounts have been proposed in the part of the Capital Investments account. The submitted proposals will provide an opportunity to consider capital investments as a separate object of accounting and to assess the rationality of investments.

scholarly journals The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law

2021 ◽  
Vol 4 (4) ◽  
pp. 104-115
Author(s):  
Oleksandr Kliuiev ◽  
Оlena Agapova ◽  
Ella Simakova-Yefremian ◽  
Oleksandr Snigerov
Keyword(s):  
European Union ◽  
Forensic Science ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fair Trial ◽  
Court Decision ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions

In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

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