scholarly journals Direito à educação e ocupação de escolas públicas: um estudo acerca da autotutela administrativa no ordenamento jurídico brasileiro

2019 ◽  
Vol 278 (1) ◽  
Author(s):  
Nilton Carlos de Almeida Coutinho
Keyword(s):  
Public Schools ◽  
Public Administration ◽  
Legal System ◽  
Self Administration ◽  
Legal Regime ◽  
Right To Education ◽  
The Public ◽  
Self Help ◽  
The Subject ◽  
The Difference

<p>Right to education and occupation of public schools: a study on administrative self-administration in the Brazilian legal system</p><p> </p><p>O presente artigo tem como objetivo analisar a possibilidade (ou não) de o Estado se utilizar do instituto da “autotutela administrativa” para recuperar a posse de bens a ele pertencentes. Tal discussão deriva da diferença de regime jurídico dos bens públicos em relação aos bens particulares, trazendo poderes e deveres específicos para a administração pública nessa área. Nesta perspectiva, será analisado o posicionamento da doutrina e da jurisprudência sobre o tema, com destaque para as questões relacionadas com as ocupações de escolas públicas, ocorridas recentemente.</p><p> </p><p>The purpose of this article is to analyze the possibility (or not) of the State to use the institute of “administrative self-help” to recover the possession of assets belonging to it. Such discussion derives from the difference in the legal regime of public assets in relation to private assets, bringing specific powers and duties to the Public Administration in this area. In this perspective, the positioning of doctrine and jurisprudence on the subject will be analyzed, with emphasis on issues related to public school occupations, which occurred recently.</p>

FORMATION OF HORIZONTAL AND VERTICAL STRUCTURES OF THE RUSSIAN LEGISLATION IN THE CONDITIONS OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES

2020 ◽  
Vol 10 (2) ◽  
pp. 132-138
Author(s):  
INNA BARZILOVA ◽  
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal System ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Regime ◽  
Vertical Relationships ◽  
Horizontal Connections ◽  
The Subject ◽  
Technical Rules

The purpose of the research. The article discusses the problems of forming horizontal and vertical ties in Russian legislation system. The process of transformation of the Russian legal system in the context of the development of digital technologies, the ongoing changes in the modern mechanism of legal regulation are analyzed. The purpose of the research is to establish and identify the features of existing horizontal and vertical relationships that exist and arise between normative acts included in the system of legislation. This is necessary to determine the main directions for the development of the Russian legal system in the context of digital technologies. Results. As a result of the research, the author comes to the conclusion that vertical and horizontal connections can be distinguished in the system of Russian legislation. The subject of legal regulation and the system of public administration are singled out as grounds. In the context of the development of digital technologies, it is advisable to supplement these criteria with a more subjective approach and the legal regime used in the field of legislation. The author comes to the conclusion that vertical and horizontal links between normative acts are formed at the level of the legal system, while the legal system is characterized by the presence of only horizontal links. The legal system is much larger than the legislative system. The legislative system includes not only normative legal acts, but also various technical rules and regulations. In the system of legislation, it is possible to distinguish separate complex entities that regulate a certain sphere of public relations. Having a man-made nature, the legislative system can respond more quickly to changes in public life. The author concludes that it is necessary to use a more differentiated approach in determining the branches of the legislative system. Here, too, the subject approach can be used as a solution.

Valutare per risparmiare: strategie e best practices per la "buona amministrazione"

2013 ◽  
pp. 65-81
Author(s):  
Gabriella Nicosia
Keyword(s):  
Best Practices ◽  
Public Administration ◽  
Legal System ◽  
Monitoring And Evaluation ◽  
The Public ◽  
The Subject ◽  
Public Bodies

The italian legal system in currently undergoing a process of transformation in order to set the ground for a better, more efficient and more economical public administration. Since 2009 a series of reforms, on the subject of monitoring and evaluation of individual and collective performances, within the public bodies has been approved. Starting from an analysis of these reforms, this essay explores the strategies, methods and tools that can be used to enhance the performance of the Italian public administration. Their possible benefits exceed the gains of an increase in efficiency, as they could also meet the expectations of the cives, stakeholders, who demand for a clear system of best practices e spending review to be implemented.

Subject-Entity Scope of State Security

2020 ◽  
Vol 12 (1) ◽  
pp. 23-34
Author(s):  
Aleksander Cezary Babiński ◽  
Janos Mika ◽  
Roman Ratusznyj
Keyword(s):  
National Security ◽  
Public Administration ◽  
Legal System ◽  
Administration System ◽  
The Public ◽  
State Security ◽  
The Third ◽  
Political Sciences ◽  
The Subject ◽  
Definition Of

This study is based on the assumption that the primary aim of the emergence of states was to provide security and development opportunities for its citizens. This objective determines the method of exercising power, the applicable legal system reflecting the adopted norms of social coexistence, and the public administration system. It was also presumed that security is associated with a sense of threat and confidence. They can be both objective and subjective, which means that they can be measurable or not. Due to the fact that while there are no major problems with determining the definition of a state, there are still difficulties related to identifying the essence of security and, consequently, also the security of the state. Therefore, the paper is based on the results of the bibliographic method and presents an overview of representative outlooks on issues related to threats, security and national security. This was done by reference to works created on the basis of the law, political sciences, and security sciences. The work was divided into three parts. The first introduces the considerations. The second presents views allowing the nature of security to be determined, and the third part presents the subject-entity scope of state security and the determinants of that security.

scholarly journals Legal Nature of the Community Councils in Venezuela

2020 ◽  
Vol 4 (33) ◽  
pp. 1
Author(s):  
Andreina Campos López ◽  
Mirtha López Valladares ◽  
Luisa Gamboa Fereira
Keyword(s):  
Public Administration ◽  
Community Organization ◽  
Public Affairs ◽  
Legal Regime ◽  
Collective Interest ◽  
The Public ◽  
Legal Nature ◽  
Economic Transformations ◽  
The Subject ◽  
Community Councils

The 21st century is a historical milestone for new ways of managing public affairs, as a result of the political, social and economic transformations that were generated in various countries in South America, in which Venezuela is the protagonist with the approval of the Constitution of the Bolivarian Republic in December 1999; based on the organization of society for participation in decision-making on matters of collective interest. In this perspective, the Community Councils arise. Therefore, they constitute the interest of the investigation to characterize the applicable legal regime in Venezuela, according to the theoretical contributions and the institutional devices that comprise them. It is a descriptive investigation, with a documentary design. The findings reveal: since the constitutional precepts, regulations for community organization and participation were created, referring to the Communal Councils, which have been the subject of discussion about the nature of their actions, based on the legal nature; it is evident that its praxis responds to features of a mixed legal nature, that is, constitutional and community. It is concluded that the Communal Councils must advance in the legal recognition of the actions related to certain competences of the public administration, to build the administrative and legal bases for an innovative community development community management.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

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.

scholarly journals Gestão do Judiciário e gestão da qualidade: uma questão de princípios - Judiciary management and quality management: a question of principles

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Alex Pizzio Da Silva ◽  
José Eudacy Feijó Paiva
Keyword(s):  
Quality Management ◽  
Public Administration ◽  
Management System ◽  
Quality Management System ◽  
Iso 9001 ◽  
The Public ◽  
Constitutional Principle ◽  
Judicial Administration ◽  
The Subject ◽  
Point Of Reference

<p>O objetivo deste artigo é contribuir ao debate acerca da gestão do Poder Judiciário tendo como referência o princípio constitucional da eficiência na administração pública e os princípios da gestão da qualidade. Sob esse enfoque são abordados os temas da crise na administração pública e na administração judiciária. Através de uma revisão bibliográfica em livros e artigos levantou-se as contribuições de autores sobre o tema em análise. Uma correlação entre os princípios da qualidade e a realidade encontrada na administração de unidades judiciárias, através das fontes analisadas para o estudo, é realizada com o fim de demonstrar a validade da aplicação dos princípios para nortear as mudanças necessárias para a melhoria da prestação jurisdicional e a aumentar a satisfação da sociedade. O artigo apresenta a aplicabilidade de um sistema de gestão da qualidade, conforme o modelo da norma ABNT NBR ISO 9001:2015, como uma alternativa eficaz para que o Poder Judiciário apresente a resposta mais adequada para a necessidade de melhoria na eficiência da gestão do Poder Judiciário.</p><p> </p><p>The purpose of this article is to contribute to the debate about the management of the Judiciary having as point of reference the constitutional principle of efficiency in the Public Administration and the principles of quality management. This approach addresses the issues of crisis in the public administration and judicial administration. Through a bibliographical review in books and articles the contributions of authors on the subject under analysis were compiled. A correlation between the principles of quality and the reality found in the management of judicial units, through the sources analyzed for the study, is established in order to demonstrate the validity of the application of the principles to guide the changes necessary to improve the jurisdictional performance and to increase the satisfaction of society. The article presents the applicability of a quality management system, according to the model of ABNT NBR ISO 9001: 2015, as an effective alternative for the Judiciary to provide the most appropriate response to the need of improving the efficiency of the Judiciary management.</p><p> </p>

scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

The specificity of the digital transformation of the public sector

2021 ◽  
Vol 150 (3) ◽  
pp. 1-23
Author(s):  
Katarzyna Śledziewska ◽  
Renata Włoch
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Main Part ◽  
New Technology ◽  
Digital Technologies ◽  
Digital Transformation ◽  
The Internet ◽  
The Public ◽  
The Subject ◽  
The Impact

In this article we focus on identifying the specificity of digital transformation within the public sector. The aim of the article is to present the main mechanisms resulting from the introduction of digital innovations that have changed the functioning of the public sector. Starting from a discussion on the technological requirements of digital transformation, we briefly characterise the use of computers and the Internet in public administration, resulting in the development of e-services and administration. The main part of the article is devoted to discussing the specificity of the implementation of the new digital technologies in public administration, focusing mainly on artificial intelligence and blockchain technologies. Our thesis is that the impact of innovative digital technologies on the operation standards and structure of public administration should be analysed through the prism of interrelated mechanisms of datafication and platformisation, characteristic for the digital economy. The adopted methodology, which is based on an analysis of the subject literature and an analysis of new technology implementations in public administration in EU countries, indicates the pilot, random and non-transformational nature of these implementations, partly due to the lack of well-established methodologies to study and assess the maturity of digital transformation within the public sector.

scholarly journals Quantifying the Economic Impact of Bovine Tuberculosis on Livestock Farms in South-Western Spain

Animals ◽  
2020 ◽  
Vol 10 (12) ◽  
pp. 2433
Author(s):  
Rosario Pérez-Morote ◽  
Carolina Pontones-Rosa ◽  
Christian Gortázar-Schmidt ◽  
Álvaro Ignacio Muñoz-Cardona
Keyword(s):  
Economic Impact ◽  
Public Administration ◽  
Economic Effects ◽  
Limited Resources ◽  
Livestock Farming ◽  
Ongoing Debate ◽  
The Public ◽  
The Difference ◽  
Western Spain ◽  
Wild Hosts

Pasture-based livestock farming generates income in regions with limited resources and is key to biodiversity conservation. However, costs derived from fighting disease can make the difference between profit and loss, eventually compromising farm survival. Animal TB (TB), a chronic infection of cattle and other domestic and wild hosts, is one of the primary limitations of beef cattle farming in some parts of Europe. When an animal tests positive for TB, a loss of profit is caused in the farm, which is due mainly to the animal’s slaughter, replacement of the slaughtered animal and the need to immobilize the rest of the herd. We estimated the economic impact in terms of loss of profit as a result of incremental costs and forgone incomes. We show that farms with a larger number of heads are more capable of dealing with the loss of profit caused by the disease. The quantification of the loss of profit contributes to the ongoing debate on the co-sharing of TB costs between government and farmers. The compensation farmers receive from the public administration to mitigate the economic effects of the disease control interventions is only intended to balance the loss due to slaughter of the infected cattle, being the loss of profit a more global concept.

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