scholarly journals Decision-Making beyond the Competence of the Heads of Public Authorities (Acceptance of Work Performed by Contractors: a Case Study)

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 47-58
Author(s):  
V. N. Borkov ◽  
E. A. Glukhov

The purpose of the study is to identify contradictions between the competence of a public official of a government body based on the post he takes, on the one hand, and the need for this official to make managerial decisions beyond his competence. On the basis of this contradiction, the authors show the negative consequences of the implementation of management activities by a public official and suggest some measures to prevent and eliminate them.The paper analyzes the cases when the heads of public authorities were supposed to accept construction and repair work performed by counterparties under civil contracts, but due to their incompetence in this matter, they signed acts of acceptance of the work performed without indicating any shortcomings, for which they were brought to criminal and financial liability. The authors describe the reasons for these negative phenomena, analyze the possibility and legitimacy of the delegation by the heads of public authorities of powers to accept the work performed and determine the subject matter of the offense.By analyzing the judicial practice, the authors determine the subjects of crimes in the field of poor-quality reception of work performed by contractors; attention is focused on the fact that in order to qualify such acts as criminal, it is not necessary to establish the intent. Officials’ references to their incompetence in this matter, as a rule, are ignored by the courts. By comparing the activities of leaders in the commercial and public spheres, the authors point to the possibility of criminal prosecution of a public official without claiming damage caused to any person and before considering a legal dispute for compensation for damage between the public authority and the counterparty. In conclusion, the authors make proposals on the need to involve third-party organizations in the acceptance of the work performed on the basis of outsourcing, which will increase the quality of activities of public authorities and reduce the level of malfeasance.

2021 ◽  
pp. 145-154
Author(s):  
Tatiana Klenova ◽  
◽  
Victoria Batmanova ◽  
Oksana Vatyukova ◽  
◽  
...  

The article presents efficiency assessment of sustainable development measures in the region in the face of uncertainty caused by the COVID-19 pandemic. The economic crisis caused by the pandemic is one of the most serious in recent decades. Its global nature is due to the scale of economic and social losses, aggravation of production problems for many industries and enterprises. Like other regions of the Russian Federation, Volgograd region has repeatedly faced crises since the early 2000s, and each of them has become a new challenge for the regional administration system in terms of its ability to develop and take timely measures to overcome negative consequences. In the article, a number of indicators were analyzed for three consequent periods. The first one is 2019 in comparison with 2018. The second period is 2020 in comparison with 2019. The third one is the beginning of 2021 and each of them is characterized by the ratio of various factors that influence the behavior of business entities, population of the region, development and use of managerial decisions aimed at sustainable social and economic development of Volgograd region. The recovery from the pandemic crisis became the most important task for regional authorities, which is reflected in the set of measures aimed at support of the economy and social sphere of the region, incomes of the population and businesses. It became necessary for public authorities to improve new rules of work and decision-making mechanisms in order to respond to the current situation in a timely manner. The authors believe that the main factors of success of the measures implemented by regional authorities were their quality, timeliness and degree of compliance with the set goals. Analysis and generalization of management experience during the corona virus crisis allowed us suggesting long-term measures aimed at the sustainable development of Volgograd region.


2021 ◽  
Vol 291 ◽  
pp. 03005
Author(s):  
Nailya K. Nurlanova ◽  
Farkhat Dnishev ◽  
Anel A. Kireyeva ◽  
Farida Alzhanova ◽  
Akedil Omarov

The study is aimed to determine the essence, directions and methods of measuring the level of inclusive development of the national economy and society, which may form the basis of the toolkit for regulating regional development for government bodies of Kazakhstan. As a methodological approach to measuring the possibility of inclusive development of regions of the country, it is proposed to abandon the one-dimensional measurement of economic growth using a gross domestic product (GDP) and use the method of multidimensional assessment, including indicators of the development of the economy, society, infrastructure and innovation. The results of the analysis of the levels of socio-economic, infrastructural and innovative development of Kazakhstan are presented, on the basis of which a conclusion is made about the continuing inequality of its regions. Various points of view on the theory of inclusive development are considered and it is concluded that inclusive development involves overcoming inequality of countries, regions, incomes and living standards of certain segments of the population in different regions of one country. As a result of the study, it was recommended to use the author’s methodological approach as a toolkit for public authorities when developing regional programs and making managerial decisions on the development of regions of the country.


2005 ◽  
Vol 4 (2) ◽  
pp. 393-400
Author(s):  
Pallavali Radha ◽  
G. Sireesha

The data distributors work is to give sensitive data to a set of presumably trusted third party agents.The data i.e., sent to these third parties are available on the unauthorized places like web and or some ones systems, due to data leakage. The distributor must know the way the data was leaked from one or more agents instead of as opposed to having been independently gathered by other means. Our new proposal on data allocation strategies will improve the probability of identifying leakages along with Security attacks typically result from unintended behaviors or invalid inputs.  Due to too many invalid inputs in the real world programs is labor intensive about security testing.The most desirable thing is to automate or partially automate security-testing process. In this paper we represented Predicate/ Transition nets approach for security tests automated generationby using formal threat models to detect the agents using allocation strategies without modifying the original data.The guilty agent is the one who leaks the distributed data. To detect guilty agents more effectively the idea is to distribute the data intelligently to agents based on sample data request and explicit data request. The fake object implementation algorithms will improve the distributor chance of detecting guilty agents.


2011 ◽  
Vol 1 (3) ◽  
pp. 34-66
Author(s):  
Joyce Valdovinos

The provision of water services has traditionally been considered a responsibility of the state. During the late 1980s, the private sector emerged as a key actor in the provision of public services. Mexico City was no exception to this trend and public authorities awarded service contracts to four private consortia in 1993. Through consideration of this case study, two main questions arise: First, why do public authorities establish partnerships with the private sector? Second, what are the implications of these partnerships for water governance? This article focuses, on the one hand, on the conceptual debate of water as a public and/or private good, while identifying new trends and strategies carried out by private operators. On the other hand, it analyzes the role of the state and its relationships with other actors through a governance model characterized by partnerships and multilevel networks.Spanish La provisión del servicio del agua ha sido tradicionalmente considerada como una responsabilidad del Estado. A finales de la década de 1980, el sector privado emerge como un actor clave en el suministro de servicios públicos. La ciudad de México no escapa a esta tendencia y en 1993 las autoridades públicas firman contratos de servicios con cuatro consorcios privados. A través de este estudio de caso, dos preguntas son planteadas: ¿Por qué las autoridades públicas establecen partenariados con el sector privado? ¿Cuáles son las implicaciones de dichos partenariados en la gobernanza del agua? Este artículo aborda por una parte, el debate conceptual del agua como bien público y/o privado, identificando nuevas tendencias y estrategias de los operadores privados. Por otra parte, se analizan el rol y las relaciones del Estado con otros actores a través de un modelo de gobernanza, definido en términos de partenariados y redes multi-niveles.French Les services de l'eau ont été traditionnellement considérés comme une responsabilité de l'État. À la fin des années 1980, le secteur privé est apparu comme un acteur clé dans la fourniture de certains services publics. La ville de Mexico n'a pas échappé à cette tendance et en 1993, les autorités publiques ont signé des contrats de services avec quatre consortiums privés. À travers cette étude de cas, nous nous interrogerons sur deux aspects : pourquoi les autorités publiques établissentelles des partenariats avec le secteur privé ? Quelles sont les implications de ces partenariats sur la gouvernance de l'eau ? Cet article s'intéresse, d'une part, au débat conceptuel sur l'eau en tant que bien public et/ou privé, en identifiant les tendances nouvelles et les stratégies menées par les opérateurs privés. D'autre part y sont analysés le rôle de l'État et ses relations avec d'autres acteurs à travers un modèle de gouvernance, défini en termes de partenariats, et des réseaux multi-niveaux.


Author(s):  
Jochen von Bernstorff

The chapter explores the notion of “community interests” with regard to the global “land-grab” phenomenon. Over the last decade, a dramatic increase of foreign investment in agricultural land could be observed. Bilateral investment treaties protect around 75 per cent of these large-scale land acquisitions, many of which came with associated social problems, such as displaced local populations and negative consequences for food security in Third World countries receiving these large-scale foreign investments. Hence, two potentially conflicting areas of international law are relevant in this context: Economic, social, and cultural rights and the principles of permanent sovereignty over natural resources and “food sovereignty” challenging large-scale investments on the one hand, and specific norms of international economic law stabilizing them on the other. The contribution discusses the usefulness of the concept of “community interests” in cases where the two colliding sets of norms are both considered to protect such interests.


Pathogens ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 530
Author(s):  
Ekaterina A. Golenkina ◽  
Svetlana I. Galkina ◽  
Nina G. Dolinnaya ◽  
Evgenii A. Arifulin ◽  
Yulia M. Romanova ◽  
...  

Mimicking bacterial DNA, synthetic CpG-containing oligodeoxyribonucleotides (CpG-ODNs) have a powerful immunomodulatory potential. Their practical application is mainly associated with the production of vaccines, where they are used as adjuvants, as well as in local antimicrobial therapy. CpG-ODNs act on a wide variety of immune cells, including neutrophilic granulocytes. On the one hand, the stimulatory effect provides both the direct implementation of their antimicrobial and fungicidal mechanisms, and an avalanche-like strengthening of the immune signal due to interaction with other participants in the immune process. On the other hand, hyperactivation of neutrophilic granulocytes can have negative consequences. In particular, the formation of unreasonably high amounts of reactive oxygen species leads to tissue damages and, as a consequence, a spontaneous aggravation and prolongation of the inflammatory process. Under physiological conditions, a large number of DNA fragments are present in inflammation foci: both of microbial and self-tissue origin. We investigated effects of several short modified hexanucleotides on the main indicators of neutrophil activation, as well as their influence on the immunomodulatory activity of known synthetic CpG-ODNs. The results obtained show that short oligonucleotides partially inhibit the prooxidant effect of synthetic CpG-ODNs without significantly affecting the ability of the latter to overcome bacteria-induced pro-survival effects on neutrophilic granulocytes.


2019 ◽  
Vol 96 (9) ◽  
pp. 878-882
Author(s):  
Anatoly V. Simakov ◽  
Yu. V. Abramov ◽  
N. L. Proskuryakova

Control of the radiation safety of workers is the one of the principal tasks of regulatory bodies responsible for the radiation safety and protection. This task is solved through the implementation of a set of organizational and technical measures, including:1) Organization and the execution of radiation monitoring; 2) Prediction of exposure doses to workers; 3) Selection of workers for the execution of radiation hazardous operations including emergency remedial works; 4) Planning of activities to implement the principle of the optimization of radiation protection; 6) Development and establishment of reference levels of exposure to radiation factors; 5) Organization of education and training of the personnel; 7) Continuous improvement of the occupational safety culture etc. The paper describes main actions of the management of radiation facilities aimed at the implementation of the above mentioned measures. Special attention is paid to the selection of the personnel of the required qualifications, possessing a sufficient reserve of an individual dose, to carry out radiation hazardous operations, to predict radiation doses to justify the development of the necessary protective measures and to plan actions to implement the principle of optimization of the radiation protection. The active use of the computer information and analytical system for the management of the protection from the occupational radiation is recommended. This system should include: 1. Database of individual occupational doses; 2. Database of radiation parameters characterizing the situation in workshops and at the industrial site of the radiation facility; 3. Software package for education and training of the personnel. The making of managerial decisions for the radiation protection of the personnel is aimed at increasing in the occupational reliability and, ultimately, improving the safety of radiation facilities, maintaining health and increasing the professional longevity of workers.


Author(s):  
Irina Solskaya ◽  
Sergey Belomestnykh

The issues of methodological support of interaction between a large transport company and its general contractors are becoming more significant due to the increasing number of types of activities transferred to outsourcing. The article investigated the main methodological approaches that determine the procedure for justifying the choice of an outsourcing organization and the relevant methods applied in practice, in particular, an assessment of the methodological basis for judging the effectiveness of the choice of infrastructure repair workflow was carried out. The analysis of the methods for justifying the choice of a third-party organization, performing railway infrastructure repair work, made it possible to form the author's methodological approach to the choice of a repair technology and an organization to perform it best on outsourcing basis. The specifics of the object, namely, JSC «Russian Railways», which provides strategically important services for the economy, allows us to recommend the proposed author's methodological approach to justifying the choice of a third-party organization performing work for other transport companies.


Author(s):  
Elizabeth Fife ◽  
Laura Hosman

This paper analyses the recent phenomenon of private/public partnerships (PPPs) in the ICT sector of the developing world. The partners may come to these projects with divergent motivations: profit on the one hand and the provision of public services on the other, but at the end of the day, the interests of the partners that are symbiotic can – and indeed should – be aligned to ensure successful long-term projects. To investigate what can be done to promote successful and sustainable PPPs, this paper extends the traditional two-actor analysis to include both a third-party non-profit-oriented facilitating organization and the technology recipients that are the targets of these projects. Following an overview of the current state of PPPs in the developing world, the paper provides two case studies, based in Vietnam, where all four of the above-mentioned stakeholders were involved. The cases reveal important success factors that can be applied to future PPPs in the ICT sector.


2020 ◽  
Author(s):  
Lucius Caviola ◽  
Stefan Schubert ◽  
Andreas Mogensen

Across eight experiments (N = 2,310), we studied whether people would prioritize rescuing individuals who may be thought to contribute more to society. We found that participants were generally dismissive of general rules that prioritize more socially beneficial individuals, such as doctors instead of unemployed people. By contrast, participants were more supportive of one-off decisions to save the life of a more socially beneficial individual, even when such cases were the same as those covered by the rule. This generality effect occurred robustly even when controlling for various factors. It occurred when the decision-maker was the same in both cases, when the pairs of people differing in the extent of their indirect social utility was varied, when the scenarios were varied, when the participant samples came from different countries, and when the general rule only covered cases that are exactly the same as the situation described in the one-off condition. The effect occurred even when the general rule was introduced via a concrete precedent case. Participants’ tendency to be more supportive of the one-off proposal than the general rule was significantly reduced when they evaluated the two proposals jointly as opposed to separately. Finally, the effect also occurred in sacrificial moral dilemmas, suggesting it is a more general phenomenon in certain moral contexts. We discuss possible explanations of the effect, including concerns about negative consequences of the rule and a deontological aversion against making difficult trade-off decisions unless they are absolutelynecessary.


Sign in / Sign up

Export Citation Format

Share Document