scholarly journals The Features of the Legal Regulation of Procurement for the State and Municipal Needs During the Coronavirus Pandemic

Legal Concept ◽  
2020 ◽  
pp. 21-30
Author(s):  
Iolanta Baltutite

Introduction: currently, the normal development of the political, economic and legal spheres is significantly affected by the outbreak of the COVID-19 declared a pandemic by the World Health Organization. The epidemic attracted the attention of health professionals and the population around the world, as previously the coronavirus infections in humans did not go beyond the acceptable level of a biological risk. The current events directly related to the pandemic affect all areas of our habitual way of life, its legal component, including the sphere of procurement for the state and municipal needs. Objective: to study the features, positive and negative aspects of the legal regulation of the contract procurement system for the state and municipal needs in the conditions of introduction of innovative management technologies during the coronovirus pandemic. Methods: the methods of systematization, analysis, and comparative law are used. Results: the author analyzed the innovations in procurement for the state and municipal needs in the context of the pandemic; the specifics and features of the development of the system of state and municipal procurement in the paradigm of industry 4.0 during the pandemic are determined; the shortcomings of the current civil law mechanism for protecting the rights of legal entities in the field of procurement for state and municipal needs based on industry 4.0 technologies during the pandemic are identified; identified the possibility of abuse due to the temporary relaxation of the legislation on public procurement; identified the possibility of the legal qualification of the coronavirus as force majeure, the circumstance that makes it impossible to fulfill the obligations; proved that the introduction of the ability to purchase from a single supplier can negatively affect the activities of small and medium-sized enterprises. Conclusions: the innovations in the legal regulation of procurement for the state and municipal needs amid the pandemic in the context of the fourth industrial revolution contain a number of positive aspects: the launch of many digital services; the simplification of the procedure for conducting purchases in the event of force majeure and emergencies; easing the requirements for small and medium-sized businesses; expanding the opportunities to change the term and price of the contract; the changes in the procedure for applying penalties, etc. However, we should not forget about the possible negative consequences of easing the rules of public procurement: the probability of reducing the efficiency and effectiveness of procurement; the appearance of corruption and its manifestations; the abuse at every stage of public procurement; the difficulties in justifying the real impact of the pandemic on the execution of the state order; the ability to purchase from a single supplier can negatively affect the activities of small and medium-sized enterprises; the risk of the violation of antitrust laws due to constantly changing regulations and other consequences.

2020 ◽  
Vol 3 (1) ◽  
pp. 1-2
Author(s):  
Leone Leone Peter Andrade ◽  
Roberto Badaró

The new coronavirus pandemic has posed challenges to the health system, people, and the economy, leading to abrupt social changes. Although the negative economic impact has been huge since the pandemic was declared by the World Health Organization in March 2020, new achievements are being made by industry 4.0 focused on health. The Fourth Industrial Revolution has equipped society with highly potent tools and we must harness their capabilities, where possible, to win this fight. So, COVID-19 accelerates this process and sentences our definitive entry to the fourth Industrial Revolution. In this sense, aligned with industry 4.0, SENAI CIMATEC established a proactive position in the face of the COVID-19 pandemic, promoting research, implementing plans, activities, and actions that contemplate both the redirection of the sector’s industries to the health area, as well as the new technologies of industry 4.0. The position of SENAI CIMATEC reaffirms its commitment to society at decisive moments and ensures its efforts in health care against the pandemic.


2018 ◽  
Vol 2018 (9) ◽  
pp. 123-138
Author(s):  
Nataliya TKACHENKO ◽  

One of the mechanisms to ensure the public and state needs in goods, works and services is procurement, the principles of which are based on openness, transparency and efficiency. In various periods, rules of procurement in public sector of the economy were changed by regulatory and legal acts. Performance indicators of procurement (such as level of competition, share of competitive purchases and share of canceled bids) were being changed as well. Low performance indicators of procurement have caused negative consequences for the development of the national economy. Continued application of competitive methods of implementation remains unchanged in the evolution of procurement. The latest trend in procurement processes is their automation, which greatly increases the level of openness, but does not solve the problems of timely and high-quality satisfaction of needs in public and the state procurement. Development of procurement in public sector of the economy, depending on state of procurement legal regulation in 2000-2017, is studied. Structure of public procurement, dynamics of canceled trades and structure of the value of concluded contracts by sources of financing and methods of procurement are analyzed. Comparative characteristic of Ukrainian legislation on procurement by various criteria is carried out in the scientific literature. Assessment of the current system of electronic public procurement is controversial in scientific circles. The stages of formation and development of procurement of goods, works and services are determined on the basis of evolution of procurement legal regulations. Dynamics of the main indicators of procurement is analyzed as well. The author used the method of retrospective analysis and statistical analysis methods based on data published by the State Statistics Service of Ukraine, the analytic module of the Prozorro electronic system, reports of international organizations and the Accounting Chamber of Ukraine.


Author(s):  
Veljko TURANJANIN ◽  
Darko RADULOVIĆ

Coronavirus (COVID-19) is the newest dangerous contagious disease in the world, emerged at the end of 2019 and the beginning of 2020. World Health Organization at the daily level publishes numbers of infected patients as well as several dead people around the world and in every region particularly. However, public health and criminal law are inevitably linked. National criminal laws in Europe mainly prescribe criminal offences for transmitting a dangerous contagious disease. Numerous states have closed their borders, quarantining their nationals that entering in the state. Strangers cannot enter in European Union. However, many do not abide by the restrictions, and people who have become ill with coronavirus walking the streets and committing a criminal offence. The authors in the work, in the first place, explain the connection between public health and criminal law and then elaborate criminal jurisdictions in Europe.


2021 ◽  
Vol 74 (10) ◽  
pp. 2651-2658
Author(s):  
Oleksandr Ya. Rogach ◽  
Anatoliy M. Potapchuk ◽  
Tereziia P. Popovych ◽  
Oksana V. Maslyuk

The aim: To highlight and analyze the international aspect of the legal regulation of human organs and tissues transplantation, as well as foreign experience of regulation in this area within the relevant national legal systems (for example, US, Germany, Israel, Switzerland, Spain, Argentina, China and India). Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Thus, the efforts of the international community and the countries under study in the field of transplantation are focused on a wide range of important issues that need to be regulated. The international legal regulation of transplantation covers the results of the activities of such international organizations as the World Health Organization, the Council of Europe, and the World Medical Assembly. The acts adopted by them are mainly of a recommendatory nature (with the exception of some Council of Europe acts on trafficking in human organs) and are addressed primarily to States, offering guidelines and standards for the legal regulation of transplantation within national legal orders. Therefore, the issues of donation and transplantation of human organs and tissues in the respective states are determined by special legislative acts, which comprehensively regulate the procedure for their transplantation.


2021 ◽  
Vol 4 (1) ◽  
pp. 437-448
Author(s):  
Fidha Shafira ◽  
◽  
Farida Rahmawati ◽  

The COVID pandemic has infected almost all countries in the world and caused a high number of deaths. One of the steps taken by the government to break the chain of spread of COVID in the community is to implement physical distancing as recommended by the World Health Organization (WHO). This policy has negative consequences for various things, including those related to business so that businessmen cannot carry out their activities properly. Restrictions on movement and activity during this pandemic have disrupted supply chains which can cause an imbalance in production factors, and lead to a decrease in demand. The purpose of this study was to analyze the effect of capital, labor, and length of business on the production and income of sponge sandal craftsmen during a pandemic at the sponge sandal craft industry center in Toyomarto Village, Malang Regency. The number of samples used were 36 industrial units. The analytical technique used is path analysis. The results showed that capital and labor had a positive and significant effect on production and income, while length of business had a negative and significant effect on the production and income of sponge sandal craftsmen during a pandemic. Keywords: Capital, Labor, Length of Business, Production, Income


2014 ◽  
Vol 13 (1-2) ◽  
pp. 197-208
Author(s):  
Luis Berruecos

Abstract Two years ago, the Governor of the Mexican State of Puebla declared that his State was fully covered by health services, which is not true. According to the World Health Organization (WHO) and the Mexican Constitution, health is one of the most important human rights for every citizen. However, according to our statistics, many indigenous communities of that State are still waiting for those services, even though the budget designated for that purpose has been incremented ten times in the last seven years. Since I have been working for years in the highlands of the northern part of the State, I will prove that medical services are not covering the total population, which means that the future survival of these people is rather grim.


Antibiotics ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 58
Author(s):  
Gulzira Zhussupova ◽  
Dinara Utepova ◽  
Galiya Orazova ◽  
Saule Zhaldybayeva ◽  
Galina Skvirskaya ◽  
...  

The purpose of this study is to conduct a comparative analysis of the consumption of antibiotics for systemic use reimbursed by the state in Kazakhstan for 2017–2019 with the Access, Watch, and Reserve classification (AWaRe 2019) of the World Health Organization (WHO). The evaluation of the consumption of antibiotics for systemic use in Kazakhstan for 2017–2019 was carried out using the ATC/DDD methodology in accordance with the WHO AWaRe classification. The study used data on all antibiotics that were centrally purchased by a single purchaser during the study period. To understand how often Access group antibiotics are taken in Kazakhstan, the top-10 most consumed antibiotics were additionally studied. The results of a comparative analysis of the antibiotics for systemic use consumption for 2017–2019 by the Access, Watch, and Reserve groups showed a negative trend of a decrease in the consumption of Access group drugs from 1.17 defined daily dose (DDDs) per 1000 inhabitants per day (DID) (39%) in 2017 to 0.59 DID (30%) in 2019. There is an increase in consumption of Watch group antibiotics from 1.84 DID (61%) in 2017 to 1.37 DID (68%) in 2019, as well as an increase in consumption of Reserve antibiotics from 0.001 DID (0.03%) to 0.4 DID (2.11%). In recent years in Kazakhstan, there has been a decrease in the consumption of Access group antibiotics. In addition, the Watch group antibiotics are widely consumed with a certain upward trend. In 2019, one Reserve antibiotic was included in the top-10 most commonly consumed antibiotics. There is a predominant consumption of parenteral forms of antibiotics for systemic use in the country.


2020 ◽  
Vol 48 (3) ◽  
pp. 132-136
Author(s):  
Aseem Sahni

The on-going global Coronavirus disease (“COVID-19”) pandemic, has affected a countless number of people around the world, businesses, and the global economies alike and is certainly nothing short of a ticking time bomb. On March 11, 2020, the World Health Organization declared COVID-19 a pandemic after noting that COVID-19 has increased 13-fold in countries other than China. A few state governments in India have also termed COVID-19 as an epidemic. In testing times like these, India, currently amidst an unprecedented nationwide lock-down, which has subsequently been extended until May 3, 2020 and has resulted in a temporary or partial shutdown of most business(es)-in India—whether they be small, medium or big business houses, with the exception of only a list of services notified by the relevant governmental authorities which have been deemed to be and are categorized as ‘essential services’ and allowing functioning of select additional activities (such as allowing manufacturing activities in certain sectors to take place), which have also only been permitted to start from April 20, 2020.


Author(s):  
Pavel P. Shcherbinin ◽  
Nelli Yu. Bolshakova ◽  
Daria L. Simonova ◽  
Valeriia S. Malchikova

The World Health Organization, arguing for the need to invest in the health and development of adolescents, notes that its work helps to improve the health and well-being of millions of adolescents who experience problems such as depression, anemia, HIV infection, promotes the introduction of a healthy lifestyle, prevention of health problems that may occur in adulthood (for example, cardiovascular diseases and lung cancer caused by low levels of physical activity and smoking, problems originating in adolescence). Investments in adolescent health will also prevent problems in the next generations, in particular, such as prematurity and low body weight in children born to very young mothers. Among the significant factors contributing to the achievement of low childbearing activity in adolescence, the low level of abortions and HIV infection among young people, the fact was especially emphasized that it is in these countries that parents and the public positively perceive the sexuality of young people, and sexual relations are considered a logical and natural continuation of a long-term relationship between a young man and a girl, a serious component of emotionally healthy adulthood. The sexual behavior of adolescents in developed European countries is primarily a matter of harmonious development and public health. Most adults do not consider adolescent sex an issue as long as the “rules of protected sex” are maintained. Experts of the World Health Organization, in cooperation with UNICEF headquarters, have developed an orientation program “Adolescent Health”. The presence of the phenomena of adolescent pregnancy and fertility, the negative consequences that may accompany these phenomena and the possibility of reducing their level indicate the need to develop appropriate programs, among which early pregnancy prevention programs should take an important place. Social readaptation of young mothers should take into account the following aspects: social, psycho-correctional, medical, career guidance, legal.


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