scholarly journals Responsabilidade civil e penal de agente público nos casos de delegação do ato de ordenação de despesas

2016 ◽  
Vol 273 ◽  
pp. 269
Author(s):  
Luciano Moreira de Oliveira
Keyword(s):  
Public Service ◽  
Public Expenditure ◽  
Criminal Liability ◽  
Public Official ◽  
The Public ◽  
Administrative Functions

<p>A execução da despesa pública é um procedimento de grande importância para o desempenho da função administrativa e que merece especial atenção, pois implica o desembolso de recursos do erário. Com a crescente complexidade da atividade administrativa, a ordenação da despesa pública tem sido alvo de delegação de competência no serviço público. Assim, identificada a prática de ato ilícito decorrente da ordenação de despesas por agente público no exercício de competência delegada, faz-se necessário analisar os casos e os requisitos para a caracterização da responsabilidade civil e penal do agente público delegante. O presente artigo relata uma análise dogmática sobre o tema.</p><p> </p><p>The implementation of public expenditure is an important procedure for the performance of administrative functions and it deserves special attention because it involves the disbursement of treasury resources. With the increasing complexity of administrative activity, the expenses commanding act has been delegated in the public service. Thus, identified the practice of tort or crime arising from the ordination of expenditure by public official in the delegated powers of exercise, it is necessary to examine the cases and requirements for the characterization of civil and criminal liability of the public official who delegator. This article reports a dogmatic analysis of the topic.</p>

scholarly journals Análisis de las capacidades de empresas de servicios públicos en el Área Metropolitana de Bucaramanga en su proyección a distrito

2021 ◽  
Vol 2 (4) ◽  
pp. 5893-5917
Author(s):  
Fernando Polo Acevedo ◽  
Francisco Yesid Triana Castillo ◽  
Carmen Elisa Therán Barajas ◽  
Narcy Carolina Prieto Cuentas
Keyword(s):  
Metropolitan Area ◽  
Public Service ◽  
Economic Behavior ◽  
Territorial Development ◽  
The Public ◽  
Service Companies ◽  
El Sistema ◽  
Toma De Decisiones

La presente investigación, producto de un trabajo de maestría de la Escuela superior de administración pública, en sinergia con la Fundación Universitaria Comfenalco Santander, establece en primer lugar una caracterización de las principales empresas de servicios públicos de acueducto, aseo y alcantarillado del Área Metropolitana de Bucaramanga (AMB), desde sus capacidades de prestación de servicios en la actualidad. La segunda parte muestra el comportamiento económico de la empresa de servicio público con proyección triple A del AMB, en un posible escenario a futuro de conformación de distrito metropolitano. La tercera parte, desarrolla la prospectiva de la empresa de servicio público, con la capacidad de convertirse en triple A, suministrando servicios continuos con cobertura del AMB, en sinergia con otras entidades, permitiendo hacer frente al crecimiento poblacional, el desarrollo territorial y la proyección a distrito metropolitano, definiendo las variables estratégicas sobre las que se deben actuar en el largo plazo, las cuales tienen una alta influencia en el sistema  y los posibles escenarios a futuro de la organización, de forma que sea una guía para el proceso de planeación y toma de decisiones, que incluya los posibles cambios en el entorno producto de la dinámica regional. Finalmente, el estudio se podría convertir en un insumo para la propuesta de la Cámara de Comercio de Bucaramanga, sobre la viabilidad de establecer una alternativa de cohesión en el área de servicios públicos para los municipios que conforman el Área Metropolitana de Bucaramanga en su proyección a distrito.   This research first establishes a characterization of the main aqueduct, cleaning, and sewerage public service companies of the Bucaramanga Metropolitan Area (AMB), from their current service provision capabilities. The second part shows the economic behavior of the public service company with triple A projection of the AMB, in the territorial development and the projection to the metropolitan district. The third part develops the prospective of the triple A public service companies of the AMB, in front of the territorial development and the projection to the metropolitan district, defining the strategic variables on which they must act in the long term, which have a high influence in the system and the possible future scenarios of the organization so that it is a guide for the planning and decision-making process, which includes possible changes in the environment as a result of territorial development. Finally, the study could become an input for the Bucaramanga Chamber of Commerce proposal on the feasibility of establishing a cohesion alternative in the public services area for the municipalities that make up the Bucaramanga Metropolitan Area.

scholarly journals Conflict of Interest in the Administrative Contracts in Albania

2016 ◽  
Vol 12 (34) ◽  
pp. 182
Author(s):  
Adriatik Llalla ◽  
Fjorida Ballauri
Keyword(s):  
Public Service ◽  
Conflict Of Interest ◽  
Public Official ◽  
Public Officials ◽  
The Public ◽  
Private Interests ◽  
Political Interests ◽  
Domestic Legislation ◽  
Personal Interests ◽  
Public Decision

In Albania the issue of conflict of interest is present at today’s public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, their family members, relatives or other persons, in case they share economic or political interests with them. In Albania, the domestic legislation provides restrictions and prohibitions for several private interests of the officials exercising public functions, depending on their functions, responsibilities and competencies in public decision-making. Also, the law provides specific prohibitions and restrictions in cases of entering into administrative contracts, considering a contract as a special public decision, which is vulnerable to be damaged by the action of officials’ private interests. This paper aims to make an analysis of the legislation in terms of restrictions of private interests of public officials to prevent specific cases of conflict of interest while concluding administrative contracts. Also, the paper leads to conclusions on how conflict of interest is related to other criminal offences like abuse of office, corruption or violation of equality of participants in public tenders or auctions etc.

Criminal Liability of Organizations, Corporations, Legal Persons, and Similar Entities on Law of Portuguese Cybercrime

2014 ◽  
pp. 96-107
Author(s):  
Gonçalo S. de Melo Bandeira
Keyword(s):  
Public Service ◽  
Criminal Liability ◽  
Computer Software ◽  
Public University ◽  
Public Law ◽  
Legal Systems ◽  
False Information ◽  
Computer Data ◽  
The Public ◽  
Business Entities

In Portugal, and in much of the legal systems of Europe, “legal persons” are likely to be criminally responsibilities for cybercrimes, for example, “false information,” “damage on other programs or computer data,” “computer-software sabotage,” “illegitimate access,” “unlawful interception,” and “illegitimate reproduction of protected program.” However, there are exceptions to the “question of criminal liability” of “legal persons.” Some “legal persons” cannot be blamed for cybercrime. The legislature did not leave! These “legal persons” are the following (“public entities”): legal persons under public law, which include the public business entities; entities utilities, regardless of ownership; or other legal persons exercising public powers. In other words, and again as an example, a Portuguese public university or a private concessionaire of a public service in Portugal cannot commit any one of the highlighted cybercrimes. Fair? Unfair. All laws should provide that all legal persons (rectius organizations) can commit cybercrimes.

Technical Assistance and Administrative Reform in Colombia

1953 ◽  
Vol 47 (2) ◽  
pp. 494-510 ◽  
Author(s):  
Lynton K. Caldwell
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Technical Assistance ◽  
Political Environment ◽  
Public Official ◽  
Traditional Values ◽  
Democratic Government ◽  
The Public ◽  
Organization And Management ◽  
Democratic Administration

A public administrative system is the product of its environment—particularly of its political environment. It is not discrete, but is an aspect of this same environment, affecting and affected by the tendencies of the society of which it is a part. In the rapidly changing present, the complex of social pressures and tensions have created over large areas of the globe an unsettled environment for public service. At a time when effective public administration is more than ever needed to reduce areas of social conflict by achieving generally acceptable solutions to accumulating social problems, the public service in many countries lacks the unity of purpose and technical skill to meet the challenge.This is notably true where nations, undergoing rapid social transition and attempting uncertainly through democratic government to bring traditional values and practices into line with contemporary needs, must mediate amidst a variety of pressures and counter-pressures. Democratic administration is never easy, even in countries with long histories of democratic government and with well-developed techniques of organization and management. Where the spirit and practice of democratic self-government have not become a living part of the environment and where the political tendencies of the community are contradictory or obscure, the situation of the democratic public official is truly difficult.

scholarly journals Innovation and the Public Service: Achieving Inclusive Service Delivery

2021 ◽  
Author(s):  
Paul Plantinga
Keyword(s):  
Service Delivery ◽  
Public Service ◽  
Public Official ◽  
Public Servants ◽  
The Public ◽  
Government Sector ◽  
Project Failures ◽  
Changing Roles ◽  
Policy Statements ◽  
Innovation Practices

Recent science, technology and innovation (STI) policy statements from South Africa call for an ‘expanded’ national system of innovation, which includes embedding innovation practices within government sector departments – especially those involved in key social development areas - whilst transforming the current ‘mindset’ and ‘culture’ of public servants. These proposals for expanding public official involvement in innovation intersect with a history of attempts to modernise and professionalise the public service. From this perspective, innovation is mainly associated with enhancing public sector performance and improving government service delivery, especially in underserved areas. For many government entities there is also pressure to leverage their procurement resources and coordinating capacity to enable external innovation by firms and within communities, and thereby stimulate technology localisation and economic development. These changing roles and expectations lead to tensions between stakeholders as well as project failures or delays. By exploring emerging innovation practices inside South Africa’s sector departments, state-owned enterprises, municipalities and public innovation intermediaries, this chapter shows how different organisations and public officials contribute specific legitimacies and capacities which can be better recognised and enhanced to achieve positive innovation and service delivery outcomes.

Legal status of the head of public service in the state body as a subject of public service legal relations

2021 ◽  
pp. 118-122
Author(s):  
O. Stets
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Power Functions ◽  
Public Servants ◽  
The Public ◽  
Administrative Functions ◽  
Public Servant ◽  
The Status ◽  
Degree Of Participation ◽  
State Body

The article is devoted to the study of the essential features of the head of the public service in a state body as a subject of public service legal relations. It is found that depending on the nature of the powers that determine the role and degree of participation of public servants in the exercise of public power functions, there will be a different range of rights and responsibilities of managers, specialists, executors. Given the great diversity of public servants, the scope of their powers affects the content of the legal status of a public servant, but not the fact of his belonging to the public service. It is established that the head of the public service in a state body has: a) the general status of a citizen of Ukraine; b) sectoral status within the framework of official law – the status of a public servant; c) a special status within the framework of official law, which is mediated by the nature of the powers granted – the status of the head of the public service in a state body. The substantive features which characterize a public servant who has acquired a special legal status of the head of the public service in a state body are singled out: 1) he is assigned to public servants; 2) he holds the highest position of public service in a state body; 3) he is obliged to perform a special type of duties that are an element of authority: a) in matters of public service and b) organization of work of other employees in this body. Attention is paid to the fact that each head of the public service in a state body is an official authorized to perform organizational and administrative functions, but not every official is the head of the public service in a state body. A possible algorithm for finding a higher position in a state body is identified: a) if there are positions in a state body that fall into different categories, the highest position in a state body will be held by the public servant who replaces a category “A” or “B” (in the absence of positions classified in category “A”); b) if there are positions in a state body that are assigned to one category, the highest position will be held by the public servant whose position is assigned to the highest subcategory.

The Impact of the Public Expenditure Cuts Policy on the Labor Market in Vietnam

2012 ◽  
pp. 22-46
Author(s):  
Huong Nguyen Thi Lan ◽  
Toan Pham Ngoc
Keyword(s):  
Labor Market ◽  
Computable General Equilibrium ◽  
Impact Evaluation ◽  
Public Expenditure ◽  
Computable General Equilibrium Model ◽  
Living Standard ◽  
Input Output ◽  
Policy Makers ◽  
The Public ◽  
The Impact

The purpose of this study is to evaluate the impact of public expenditure cuts on employment and income to support policies for the development of the labor mar- ket. Impact evaluation is of interest for policy makers as well as researchers. This paper presents a method – that is based on a Computable General Equilibrium model – to analyse the impact of the public expenditure cuts policy on employment and income in industries and occupations in Vietnam using macro data, the Input output table, 2006, 2008 and the 2010 Vietnam Household Living Standard Survey.

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