Legal Mechanisms of Interaction of Public Authorities and Local Governments with Economic Operators in the Investment Sphere in the Context of Capital Investments

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Ольга Дементьева ◽  
Olga Dementeva

The article considers the dynamics of the federal legislation that regulates investments in capital construction projects: principles of town-planning and investment activity, the order of acceptance and execution of decisions in the sphere of construction and capital repairs, interaction between public bodies, economic operators, and citizens. On the basis of the analysis of the federal laws on investment activity and the Town-planning code of the Russian Federation the author draws conclusion on the necessity of a comprehensive adjustment of the legislation for this sphere of economic activity. Such adjustment should affect two major areas. On the one hand there is the protection of interests in proper environment of public-law entities’ population. The achievement of this goal will provide finding the balance of interests of the population and investors in town-planning design standards and public procedures for the adoption of all town-planning decisions. On the other hand, there is the protection of investors’ legitimate interests consisting of establishing unambiguous legislative regulations that provide protection of their investments.

Author(s):  
Liudmyla Chyzh ◽  
◽  
Svitlana Oneshko ◽  
Ihor Moroz ◽  
◽  
...  

The research analyzes capital investments of state-owned stevedoring companies using statistical methods of relative and average values and indices. It has been established that the current trends in the port industry of Ukraine indicate insufficient capital investments, inconsistency of actual indicators with planned ones, and the lack of external financing. Against the general tendency of profitability deterioration of state-owned stevedoring companies and the decrease of their marketshare of port services vs the increase of privately-owned stevedoring companies, the importance of competitiveness strengthening is increasing namely through the availability of sufficient fixed assets in the form of portal cranes and a port fleet. The tendencies of the indicator "capital investments" for the state stevedoring companies of Ukraine has been determined. The analysis has demonstrated the existence of a stable trend of a capital investments decrease of almost all companies, which is very typical for most of the analyzed companies and is associated with the lack of: investment activity, executing capital investments and expanding production capacities. In addition to the above, all capital investments are financed with own assets, without using alternative methods of financing, such as funds from the state and local budgets, national and foreign bank loans. The most actively implemented type of the capital investments is modernization, modification (restructuring, additional equipment, reconstruction) of existing fixed assets. The least popular types are capital construction and major repairs. It is proposed to determine the relationship between the tendencies of capital investments in fixed assets and the increase in investment activity by the application of the ratio of the average annual growth rates of capital investments in fixed assets divided by the indicator of their efficiency (profitability of fixed assets), calculated as the ratio of net profit to the average annual cost of fixed assets. It is recommended to use factor analysis using classical methods of deterministic analysis, as well as simulation modelling, for more detailed analysis of capital investments in fixed assets.


Author(s):  
B. S. Huzar ◽  
◽  
О. М. Trus

European and world experience testifies that the major element of reform of decentralization in Ukraine is reformation of local selfgovernment, creation of capable territorial communities, that must be able to satisfy the necessities related to the vital functions of habitants of settlements, and also properly to provide realization of their rights. The input of new mechanism of the budgetary adjusting changed the system of total balancing of all local budgets on the horizontal smoothing of taxability of territories depending on the level of receivabless on one habitant. The significant amount of budgetary facilities remains in the complete order of local authorities. Reform of interbudgetary relations stimulates territorial communities more effective to fill the estimates, become self-sufficient and carefully plan the charges. The local government independently decides on which needs spend budgetary funds, which is especially important for the development of united territorial communities. The article examines the essence of budget decentralization, its role and place in the development of united territorial communities. An assessment and analysis of budgetary decentralization in Ukraine has been carried out. The features of the introduction of budgetary decentralization in Ukraine are investigated, the main factors influencing the income and expenditures of local budgets are determined. Implementation of the decentralization reform, which has been ongoing in Ukraine for six years, includes a set of sectoral reforms, in particular, the reform of the administrative-territorial structure and the system of local self-government, and See also fiscal legislation. One of the key objectives of the reform is the voluntary unification of territorial communities and the formation of capable administrative-territorial units of the basic level. Thanks to the introduction of inter-municipal cooperation, the communities were able to consolidate their efforts and to implement common projects. In particular, 1354 territorial communities have signed 604 cooperation agreements. That is, the process of decentralization continues, they believed in it, and the resistance of opponents is being overcome. First, the reform of financial decentralization, local budget revenues show positive dynamics: in 2014 their volume was UAH 80.2 billion, then over six years, own revenues to the general fund of local budgets has increased by UAH 209.9 billion. and represented in 2020 UAH 290.1 billion. Total receipts from the general and special funds for this period increased by UAH 210.2 billion. This is a real instrument of influence on the achievement of results and responsibility for the trust of communities. The basis for the growth of revenues of local budgets was laid thanks to the changes adopted in 2015 to the Budget and Tax Codes of Ukraine regarding the transfer of additional budgetary powers to local governments and the consolidation of stable sources of income for their implementation. Financial decentralization in Ukraine has significantly accelerated the dynamics of investment activity. An important positive result of the reform of interbudgetary relations is the annual increase in investment resources of local budgets. After a sharp decline in investment activity in 2014, the volume of capital investments amounted to UAH 5.9 billion, while in 2020 their volume amounted to UAH 43.6 billion. On the average capital investments from local budgets in Ukraine for the years under study has increased by UAH 33.4 billion, the capital investment growth index was 7.39. Further implementation of the reform of budgetary decentralization and ensuring the effectiveness of the mechanism of budgetary regulation of socio-economic development requires expanding the rights of local authorities, strengthening their budgetary independence and determining their responsibility.


Author(s):  
М. Ловчева ◽  
M. Lovcheva

The article discusses the requirements of federal, industry and regional requirements for the number and qualifi cations of management and engineering personnel of civil engineering enterprises, which are caused by the ever-increasing requirements for the safe and high-quality construction work to ensure the safety of capital construction projects. The author summarizes and systematizes the requirements for the composition and quality of labor in construction, which are established today by civil, town planning and investment legislation of the Russian Federation, Professional standards approved by the Ministry of Labor of the Russian Federation, qualifi cation standards of NOSTROI, requirements for qualifi cation of engineering and technical specialists in construction, established by each self-regulatory organization in construction.


Ekonomika APK ◽  
2020 ◽  
Vol 313 (11) ◽  
pp. 30-38
Author(s):  
Mykola Sakhatskyi ◽  
Halyna Zapsha ◽  
Pavlo Sakhatskyi

The purpose of the article is to substantiate the theoretical and methodological provisions and develop applied recommendations for scientific and economic support of investment in the agricultural sector and increase its economic efficiency. Research methods. The study uses: dialectical method of scientific knowledge (in relation to socio-economic processes of investment in the agricultural sector and its economic effectiveness in their relationship and interdependence); analysis and synthesis (to study the state and dynamics of investment in the agricultural sector), the system method (to summarize the conclusions and justify the proposals); comparison (to compare the investment processes of agriculture and other sectors of the economy). Research results. The significant weight of capital investments of the agricultural sector in the national investment result has been established. It is determined that the investment attractiveness of agriculture is inferior to most sectors of the economic complex of the country. It is recommended to maintain state support of agriculture and agro-industrial complex to increase the economic efficiency of investment in the agricultural sector; to ensure the development of industrial, economic, social and market infrastructure in rural areas. Scientific novelty. Substantiation was further developed on the need for scientific and economic support for investment in the agricultural sector and increase its economic efficiency, improve the investment attractiveness of agriculture and the implementation of this set of economic, social and institutional measures. Practical significance. It consists in the development of recommendations for investment in the agricultural sector and increase its economic efficiency, which can be used by both public authorities and local governments, as well as businesses in the formation and implementation of investment programs and projects. Tabl.: 2. Refs.: 13.


Author(s):  
Sergey D. Mityagin

The town-planning code of the Russian Federation allows to prepare the documents regulating design and planning activity independently by each subject of the town-planning relations. At the same time violations in the form of mismatch of information contents between separate town-planning documents are possible. These defects of a legal design can be eliminated by special federal instructive-methodological document preparation which is constructed on the basis of optimization of technological model of town-planning design activity which assumes in particular:1) strict execution of functional priorities establishment tasks of the Russian Federation Town-planning code in territories assignment at the Russian Federation territorial planning schemes level functional zones (land categories) dislocation definition in territorial planning schemes of the territorial subjects of the Russian Federation municipal districts and also in city district master plan drafts city and rural settlements2) town-planning zoning works reference to the level of territory planning documents preparation where the territorial zones of placement of capital construction projects would be established in the borders of planning structure elements of the settlement3) land plots surveying in the borders of territorial zones perform on the basis of the complex of conciliation procedures and public hearings of volume spatial decisions (sketches) of building undergoneThe offered town-planning design actions organization technological model is directed to planning solutions consecutive specification from different level territorial planning schemes, including city district master plans, city and rural settlements to theland plot planning organization schemes of the capital construction projects, i.e. from an investment plan to project realization.


Author(s):  
Ruslan Hwan

The purpose of this article is to study doctrinal approaches to determining the components of system blocks – sections of muni -cipal reform in Ukraine in the context of their implementation.It is argued that the process of municipal reform has been carried out in Ukraine for many years and is characterized by the participationof a wide range of participants, from public authorities to institutional structures of civil society and international intergo -vernmental organizations that develop individually or collectively relevant municipal reform projects. goals, methods and forms ofimplementation, their priority and level of organizational and organizational and legal support and provision.It is argued that, on the one hand, a large number of concepts and program regulations of municipal reform contributes to slowingdown its pace and difficulties in choosing a national system of EOM, and on the other – demonstrates, concretizes, details the position of participants in municipal reform, appropriate methods and means of its implementation, and what is the main subject of this article –system blocks – sections of municipal reform concerning the legislative support of local government, the formation of real legal personalityof territorial communities, the formation of its own competence of local governments, improvement mechanisms of local protectionof human rights and freedoms (individual) at the local level of society, the final formation of the territorial organization of power,etc.


Author(s):  
Tetyana Sabetska ◽  
Liliia Stefanyshyn ◽  
Svitlana Hryhoriv

The article is devoted to the study of theoretical and methodological aspects of public-private partnership in the field of capital construction. In the context of globalization and the development of European integration processes, the need to improve the quality of life of the population and the introduction of European and world standards of life support makes the actual problem of improving the efficiency of housing and communal services and capital construction. The article defines that public-private partnership in today's conditions is one of the most progressive mechanisms of effective cooperation between the state (territorial community) and private business, which is carried out in order to increase the effectiveness of their functions by state and municipal authorities. Thus, based on the analysis of domestic practice of public-private partnership, the promising experience in implementing partnership projects of local governments and the private sector on the example of Ivano-Frankivsk is separated. In particular, the main aspects of cooperation between the local authorities of Ivano-Frankivsk and NEFCO in the implementation of energy saving programs are presented. It is noted that the basis of public-private partnership, as a rule, is the financial relationship between public authorities and representatives of private business. That is, it is about investing private capital in the development of state and communal property, necessarily on mutually beneficial terms. It is obvious that in the current conditions the implementation of projects in the field of capital construction by local authorities is practically impossible without the involvement of private partners in this process. At the same time, there are a number of factors and obstacles that in practice significantly complicate the process of establishing effective cooperation between the state and business. It is substantiated that public-private partnership is a kind of mechanism that provides certain benefits simultaneously for all its participants: the state, private business and the community. However, it has been proven that, as in any other economic relationship, there are some risks in a public-private partnership that are likely to create a threat to each party to the partnership.


The issues of determining the estimated cost of capital construction projects with the involvement of Federal budget funds at the stage of development of project documentation, during verification of the accuracy of determining the estimated cost and the initial (maximum) contract price are considered. On the basis of the assessment of amendments to urban planning legislation for the purpose of implementing a state contract by the contractor ( based on the results of competitive procedures or without competitive procedures by decision of state authorities), the procedure for forming the estimate as part of a state (municipal) contract, the price of which is firm, is presented. For the purpose of mutual settlements between the customer and the contractor for the work performed, the formation of primary accounting documentation, as well as for checking the work performed by regulatory authorities, an example of drawing up an estimate of the state (municipal) contract on the basis of grouping costs according to structural elements and complexes of work is given. The result of the research conducted was the development of regulations and the formation of criteria for their practical application by state bodies, institutions, organizations and other participants in the investment-construction process, as well as recipients of budget funds, who perform the functions of the state (municipal) customer, developer and technical customer.


Improving the efficiency of life cycle management of capital construction projects using information modeling technologies is one of the important tasks of the construction industry. The paper presents an analysis of accumulated domestic practices, including the legal and regulatory framework, assessing the effectiveness of managing the implementation of investment construction projects and of complex and serial capital construction projects, as well as the life cycle management of especially dangerous technically complex and unique capital construction projects using information modeling technologies, especially capital construction projects, as well as their supporting and using systems, primarily in the nuclear and transport sectors. A review of modern approaches to assessing the effectiveness of life cycle management systems of complex engineering systems in relation to capital construction projects is carried out. The presented material will make it possible to formulate the basic principles and prospects of applying approaches to assessing the effectiveness of the life cycle management system of a capital construction project using information modeling technologies.


Author(s):  
Mykola Somych ◽  
◽  
Yuiiia Vakulenko ◽  
Liudmyla Horbatiuk ◽  
Yurii Kovryzko ◽  
...  

The article summarizes the theoretical principles of defining the concept of «mechanism», «conflict management mechanism». The main types of conflicts according to the Law of Ukraine «On Civil Service» are clarified: official disputes and conflicts of interest – a situation in which the personal interest of a civil servant affects or may affect the objective performance of his duties and in which there is or may occur contradictions between the personal interest of the employee and the legitimate interests of citizens, organizations, society. The main types of conflict management mechanisms are identified: organizational, legal and socio-psychological, taking into account objective and subjective factors, which covers a system of parameters, sequential actions, a set of methods and measures of socio- psychological nature. The causes of conflict situations in the interaction of public authorities and the public are substantiated: objective (social, political, economic, ideological factors) and subjective (derived from objective). Conflict fields of contradictions that arise in the process of interaction are depicted: legislative principles, political sphere, personnel policy, undemocratic worldview of managers, economic competence. The analysis of the main conflict fields of contradictions of local governments of Poltava region is carried out. New, alternative methods of conflict resolution have been formed: competition, adaptation, compromise, avoidance, cooperation, their general characteristics have been determined. Officials were invited to use the open conversation technique in order to reach a compromise.


Sign in / Sign up

Export Citation Format

Share Document