scholarly journals Zmiany organizacyjno-prawne przedsiębiorstwa państwowego w okresie Polskiej Rzeczypospolitej Ludowej

2021 ◽  
Vol 43 (4) ◽  
pp. 117-124
Author(s):  
Daria Kostecka-Jurczyk
Keyword(s):  
Economic Activity ◽  
The State ◽  
State Sector ◽  
Authoritarian State ◽  
Legal Structure ◽  
Strong State ◽  
State Supervision ◽  
Legal Method ◽  
Operational Activities ◽  
Activity State

In Poland, during the People’s Republic of Poland, the policy of central management of the economy was based on the principles of unity of state power and unity of state property. They constituted the foundation of the state sector and the state economic activity. State-owned enterprises, strongly subordinated to public administration bodies, were the leading form of economic activity. The authoritarian state controlled not only the process of enterprise creation, liquidation and supervision, but also the enterprises’ operational activities. Strong state supervision and lack of responsibility for financial results were the main reasons for their low profitability, which in turn brought about attempts to reform the legal structure of the state-owned enterprises. The aim of the article is to show the legal and organizational changes in state-owned enterprises that are to produce an increase in economic efficiency. Based on the historical-legal method and the grammatical interpretation of the law, it was shown that the reforms undertaken in the field of the organization of state-owned enterprises were not effective.

PUBLIC-PRIVATE LEGAL RELATIONS IN THE AUTOMOTIVE INDUSTRY OF KAZAKHSTAN AND RUSSIA: COOPERATION AND INTERACTION OF THEIR AUTOMOBILE FACTORIES IN THE SPHERE OF FOREIGN ECONOMIC ACTIVITY DURING THE RECOVERY PERIOD

2020 ◽  
Vol 6 (4) ◽  
pp. 132-154
Author(s):  
Marat А. Sarsembayev
Keyword(s):  
Automotive Industry ◽  
Economic Activity ◽  
Recovery Period ◽  
Public Private Partnership ◽  
The State ◽  
Engineering Industry ◽  
Private Company ◽  
Private Partnership ◽  
Legal Method ◽  
State Body

This article analyzes the legal forms of public-private relations in the automotive industry in the Republic of Kazakhstan and the Russian Federation. The automotive industry is a part of the transport engineering industry, which consists of a number of sub-sectors in the form of railway, aviation, sea, river, and pipeline transport. The author distinguishes the content and principles of public-private legal relations that form the basis of the Russian and Kazakh laws on public-private relations. The public-private partnership, laid down in the law, usually implies a social project, which must be implemented at the expense of financial investments of a private company and the relevant state body. The state body may otherwise determine its participation in the implementation of this project. The specificity and difference between public-private relations and public-private partnership, in which the relations between the automotive engineering industry and the state are formed, is that there are no separate projects. Public-private relations are formed between the entire transport engineering industry (its factories and enterprises) and the state represented by the relevant ministry of industry of Russia and Kazakhstan. The Russian and Kazakh states subsidize this industry, which consists of private-joint-stock automobile plants, credit them, provide them with tax and customs privileges and preferences, assist in the creation and operation of Kazakh-Russian joint ventures in the automotive industry, and in return they receive significant taxes. Analyzing the legal aspects of foreign economic activity of automobile industry enterprises, as well as actions to restore the economy of Kazakhstan and Russia, and their auto industry in connection with the coronavirus pandemic has required using the following methods: the comparative legal method, systemic analysis, dialectic method, and the method of legal projection.

scholarly journals ON JUDICIAL PRACTICE IN DISPUTES IN PERMISSIVE LEGAL RELATIONS IN THE SPHERE OF ECONOMIC ACTIVITY

2020 ◽  
pp. 13-26
Author(s):  
K.I. Apanasenko ◽  
Keyword(s):  
Supreme Court ◽  
Economic Activity ◽  
The State ◽  
Judicial Practice ◽  
State Supervision ◽  
The Supreme Court ◽  
The Law ◽  
To Receive ◽  
The Town ◽  
Town Building

Ukrainian courts consider many cases related with using of norms of permissive legislation in a sphere of economic activity. The purpose of an article is to analyze a court’s rulemaking in cases on permissive relations in spheres of the town-building and the defense of an environment. The author presents and explores some legal positions of the Supreme Court. For example, there are such positions as: 1) absence of a legislation on a special permissive relations doesn’t give a right to do business without appropriate permits; 2) control organs have no power to obligate the economic subjects to receive permits in a situation as the Ukrainian Government hasn’t established a mechanism of giving permits; 3) violations of legislation during realization of rights based on permissive documents have to be confirmed in acts of authorized state organs/permissive organs drafted after the measures of the state supervision (control) in a sphere of economic activity. The author investigates court’s practice of the using of means of provision of obligations by subjects of permissive legal relations. There are court’s decisions on a suspension of enterprises/buildings which violate demands of economic and ecological legislation in a process of a realization of rights for economic operations in accordance with permissive documents. The court’s practice of using of a principle of acquiescence is analyzed in details. This analysis has concluded a declarative character of acquiescence. The author considers that in such cases court has to constitute conditions for a using of the acquiescence or its absence and to use this principle if there are enough conditions. The court’s decisions in cases about the economic operations realized without permits are investigated in the article. The analysis gives a reason to conclude that contemporary concept of a legal interest, which used by courts narrows possibilities for the defense of rights of citizens and organizations violated by breaches of an economic legislation of owners of permissive documents and nonlegal inaction of permissive organs. In addition, the author has proposed some changes for The Law of Ukrainian "On the permissive system in a sphere of economic activity".

Coercive capacity and the durability of the Chinese communist state

2014 ◽  
Vol 47 (1) ◽  
pp. 13-25 ◽  
Author(s):  
Yuhua Wang
Keyword(s):  
Mixed Methods ◽  
Communist Party ◽  
Chinese Communist Party ◽  
The State ◽  
Police Chiefs ◽  
Authoritarian Rule ◽  
Public Office ◽  
State Sector ◽  
Communist State ◽  
Strong State

Why has the Chinese communist state remained so durable in an age of democratization? Contrary to existing theories, this article argues that the strong state coercive capacity has survived the authoritarian rule in China. We demonstrate that the Chinese Communist Party has taken deliberate actions to enhance the cohesion of its coercive organizations—the police, in particular—by distributing “spoils of public office” to police chiefs. In addition, the state has extended the scope of its coercion by increasing police funding in localities where the state sector loses control of the population. We use and rely on mixed methods to test this theory.

scholarly journals ILLEGALLY-OBTAINED INCOME AS A STRUCTURAL COMPONENT OF SHADOW PROCESSES IN THE ECONOMY

2019 ◽  
Vol 4 (5) ◽  
pp. 26
Author(s):  
Natalija Berlach ◽  
Oleksandr Kulyk ◽  
Sergii Losych
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
Structural Component ◽  
Well Being ◽  
Legal Framework ◽  
The State ◽  
Common Denominator ◽  
The European Union ◽  
Human Welfare ◽  
Legal Method

The study of shadowing processes in the economy is an integral part of the methodological knowledge, aimed at forming the security environment of the world community, its development on the way to overcoming crisis situations in the economy, politics, and society. This being said, it is difficult to overestimate the role of the state in determining appropriate approaches to assessing the results of such activities, justifying the selection of certain current methods of influencing public relations in the economic field in order to ensure their functioning within the legal framework. Drawing empirical conclusions and recommendations in this article are aimed at substantiating the links between the result of economic activity and economic activity as such, which determines the characteristics of welfare and well-being of a person, his/her enrichment. Thus, the formation of a cognitive social link between human welfare, emotional factors, and the economic crisis situation in the state has a common denominator, which makes it possible to assess the level of economic development of the country as a whole, to identify processes of shadowing of the economy, provided that illegally-obtained income is determined in its structure. Coming up with “regulatory filters” that allow synthesizing the object (illegally-obtained income), at which measures for detecting and transforming it into the legal economic field are aimed, it is possible to achieve a real result in counteracting the shadowing of national economies. Certain measures currently being taken at the level of national legal systems in this area should be compatible with those adopted by the European Union and, at least, as stringent as other measures applied at the international level. The specified determines the necessity to search for optimal ways of defining the concept of illegally obtained income, its place and role as a structural component of shadow processes in the economy. Methodology. The solution to the set goal is realized using the cognitive potential of the system of philosophical, general scientific and special methods. Analysis and synthesis allowed identifying the signs of illegal income, the shadowing of the economy, counteracting the shadow economy, and forming the last concept. Methods of grammatical review and interpretation of legal norms contributed to identifying gaps and other shortcomings of legislation on problems of ensuring counteraction to the legalization (laundering) of illegally-obtained income, developing proposals for its improvement, in particular, regarding the specifics of defining the meaning of the concept of “illegally obtained income” in domestic legal framework, the relationship of this concept with other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic normative acts in order to bring them in line with the generally accepted European standards.

scholarly journals The Democratization Potential of the Middle Class in Russia

2019 ◽  
Vol 13 (3) ◽  
pp. 12-25
Author(s):  
Jan Švec
Keyword(s):  
Middle Class ◽  
Lower Class ◽  
Positive Influence ◽  
The State ◽  
State Sector ◽  
State Institutions ◽  
Strong State ◽  
Public Sector Employees ◽  
The Status ◽  
Democratic Transformation

The paper on the case study of the contemporary regime in Russia questions the classical theory of the positive influence of middle classes on democratization processes. The author introduces arguments for the following three hypotheses. (1) An essential part of the middle class in Russia is dependent on the state, predominantly in the form of employment in the state sector. (2) This dependence is the main reason why the middle class in Russia keeps preserving the status quo. (3) The middle class in contemporary Russia, therefore, does not serve as a support for the democratic transformation of the regime. The author employs a method of statistical data analysis and concludes that the Russian middle class prefers a strong state to individual freedom and expresses deeper support for the state institutions than the lower class. The author offers the explanation based on the strong relations between the middle class and the state in Russia, supported by the data showing that public sector employees are the fastest growing segment of the Russian middle class.

Analysis of relations in the state sector of Russian public procurement

2018 ◽  
pp. 106-126
Author(s):  
O. V. Anchishkina
Keyword(s):  
Current Practice ◽  
Public Procurement ◽  
The State ◽  
Market Failures ◽  
Administrative System ◽  
State Sector ◽  
Contractual Relations ◽  
State Organizations ◽  
State Organization ◽  
Negative Factors

The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.

Customs Risk Management System in the Context of Clearance of Customs Procedures

2020 ◽  
Vol 22 (1) ◽  
pp. 59-63
Author(s):  
Ihor Nestoryshen ◽  
◽  
Ivan Berezhnyuk ◽  
Alina Brendak ◽  
◽  
...  
Keyword(s):  
Risk Management ◽  
International Trade ◽  
Economic Activity ◽  
Management System ◽  
Control Measures ◽  
International Treaties ◽  
External Threats ◽  
Risk Management System ◽  
Operational Activities ◽  
International Conventions

Introduction. The article emphasizes that the current features of the implementation of foreign economic activity require consideration of two factors that are contradictory to each other. In particular, on the one hand, the growth of external threats is forcing the governments of many countries to tighten control measures when crossing the state border of goods and commercial vehicles. On the other hand, according to international conventions and agreements (Kyoto Convention, WMO Framework Standards for Security, WTO Facilitation Agreement), measures to reduce the interference of regulatory authorities in the operational activities of economic operators are envisaged. In this context, the use of risk-oriented customs control tools, which allow simplifying business without reducing the level of national security, is becoming especially important. Purpose. The purpose of the article is to generalize and systematize foreign and domestic approaches to simplification of customs procedures through the use of risk-oriented instruments of customs control, as well as to develop their own proposals for simplification of foreign trade entities in the domestic regulatory field by using subject-oriented criteria. Results. The authors analyzed the provisions of the International Convention on the Simplification and Harmonization of Customs Procedures, the Framework Standards for Security and Facilitation of International Trade, the WTO Agreement on Trade Facilitation, which are provided for significant simplification of international trade procedures by reducing the share of customs inspections and controls. Сustoms security, customs clearance of goods and vehicles on the territory of the subjects of foreign economic activity or in another place permitted by the customs, without the direct participation of customs officials. These measures are based on the widespread use of risk-oriented instruments of customs control. It is noted that some of the provisions of international conventions and agreements on the use of risk-oriented instruments of customs control and simplification of economic operators have been implemented in domestic customs legislation, namely Art. 320 of the Customs Code of Ukraine introduced selective customs control, it is determined that the forms and scope of control sufficient to ensure compliance with legislation on state customs and international treaties of Ukraine in customs clearance are selected by customs (customs posts) based on the results of risk management. Conclusion. The study analyzes the peculiarities of the customs risk management system application in customs control in Ukraine, and offers proposals for the use of subject-oriented criteria of customs control as a simplification for honest economic operators to reduce the selectivity of risk profiles ASUR.

Capital and Capitalism

2018 ◽  
Author(s):  
Sumit K. Majumdar
Keyword(s):  
Industrial Policy ◽  
Economic Activity ◽  
The State ◽  
Industrial Society ◽  
Institution Building ◽  
Modern Industrial Society ◽  
Role Of The State ◽  
Laws And Regulations

The chapter summarizes the nature of capital and capitalism. The chapter also highlights concepts related to the role of the State in economic activity, and the nature of industrial policy. The initial concepts dealt with are that of capital as a fund, capital as structure and capital as capabilities. Capitalism necessitates socially organizing production. Assessing organizational and administrative contingencies is important for understanding capitalism. Institutions are the bedrock of capitalism. The broad roles of Government, in designing laws and regulations, building infrastructure and acting as entrepreneur, are discussed. The implementation of national industrial strategies facilitates growth. The nature of industrial strategies is highlighted. Industrial policy activities, as defined by the three facets of institutions, innovation and involvement, are discussed. With respect to India’s industrial strategy, independent India’s founders’ visions of a modern industrial society, grounded in a need to involve Government in institution building, are introduced.

scholarly journals An exploration into the opportunities and constraints for career progression into leadership roles for School Business Managers in the state sector in England

2021 ◽  
pp. 089202062199967
Author(s):  
Josephine Marchant
Keyword(s):  
Career Progression ◽  
The State ◽  
Research Approach ◽  
Leadership Roles ◽  
Business Managers ◽  
Structured Interviews ◽  
State Sector ◽  
Education Professionals ◽  
School Business ◽  
Survey Responses

Drawing on data from 116 survey responses by School Business Managers, and 7 semi-structured interviews with education professionals carried out between October 2017 and February 2018, this article reports on findings from a research project focussing on the opportunities and constraints for career progression into leadership roles for School Business Managers (SBMs) in the state sector in England. The article considers the differing roles and responsibilities of SBMs, how leadership is perceived in schools, the visibility of the SBM role, career aspirations of the SBMs who were surveyed, and the perceived constraints to progression to leadership roles. Analysis of the data was carried out using an inductive research approach using mixed methods. Snowballing was used to obtain a meaningful sample size for survey responses. Interviewees were chosen on the basis of judgement sampling. The sampling design for the survey and the interviews was one of non-probability. Findings suggest that leadership roles for SBMs do exist but that there are considerable constraints to these being achieved, not least the lack of appetite amongst SBMs to do so.

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