scholarly journals Municipal and legal views of L. von Stein

2020 ◽  
pp. 25-30
Author(s):  
V.V. Sukhonos

Considering the essence of self-government, L. Stein believed that the easiest way to understand it is to trace the historical course of the development of the idea of self-government, the creation and strengthening of its organs. Self-government could not arise with absolutism, both monarchical and republican. It is possible only in the context of a constitutional order that ensures the freedom of development of self-governing local institutions. L. Stein's views closely adhered to the public theory of self-government. He was closer to her than R. Gneist. In particular, for him the state and the self-governing unions are social organisms. The state has the task of carrying out tasks of national importance, and on the bodies of self-government the implementation of local, special tasks, which, by virtue of their local importance, must be entrusted to the bodies of local self-government, as institutions close to the locality and directly interested in the implementation of local affairs. Recognizing the community as a social organism and the presence of special local public affairs, which are the competence of local governments, L. Stein pointed out that at the same time these special public affairs are also public affairs. He did not oppose the self-government bodies of governmental bodies, but acknowledged that both of them and others make one common state business, only the first local and the second general. L. Stein considered that local self-government is a participation in government, since it expresses the representation of only those local interests that are conditioned by land ownership, through which only at least mainly the interests associated with this can be combined. possession. But in self-government there are many interests that have nothing to do with land ownership and a large number of citizens who do not have such ownership, so they, on the basis of L. Stein's definition, should be excluded from local self-government. Thus, in defining local self-government as his main feature, L. Stein took not land or territorial district but land property. As for the structure of local self-government bodies, L. Stein believed that any public association that performs the tasks of government should be a permanent, organized and recognized government. His organization should be similar to the state, which achieves the unity of free government. Thus, L. Stein, distinguishing between the competences of state bodies and self-government bodies, did not oppose them to each other, but believed that local self-government bodies could even cope better with “assigned cases” than the state authorities themselves. He considered the main feature of local selfgovernment not land or territorial district, but land ownership. At the same time, the basis of the election, from his point of view, is not ownership, but belonging to well-known corporations and paying taxes.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.


Author(s):  
Ignacio Javier ETXEBARRIA ETXEITA

LABURPENA: Euskadiko Toki Erakundeei buruzko Legeak udal-funtzionamendua eta -antolaketa arautzen ditu, eta udal-autonomia indartzen du, estatuko legediarekin erkatuta areagotu egin baitu tokiko entitateen autoantolakuntzarako gaitasuna, bidea emanez tokiko gobernuek modu gardenagoan joka dezaten eta hautetsiek lana eta familia hobeto uztar ditzaten. Legeak, horrez gain, tokiko gobernuak indartzea lortu nahi du, eta, horretarako, eskuordetze-teknikak jaso, eta modu aitzindarian arautu du zuzendari publiko profesionalen figura; oraingoz, hala ere, 40.000 biztanletik gorako udalerrietarako mugatu da. RESUMEN: La Ley de Instituciones Locales de Euskadi regula la organización y funcionamiento municipal y potencia la autonomía municipal al incrementar respecto a la legislación estatal la capacidad de autoorganización de las entidades locales posibilitando una actuación de los gobiernos locales más transparente y una mejor conciliación de la vida laboral y familiar de las corporativas y corporativos. La Ley busca asimismo potenciar los gobiernos locales y para ello incorpora técnicas de delegación y de forma pionera regula la figura de los directivos públicos profesionales si bien de momento limitada a los municipios con una población superior a los 40.000 habitantes. ABSTRACT: The Act on Local Entities of Euskadi regulates the municipalorganization and functioning and enhances the municipal autonomy by increasing as compared to the State legislation the self-government capacity of local entities enabling a more transparent operation by local governments and a better labour and family reconciliation of municipalities memberships. The Act also seeks to promote local governments and to do this it includes techniques of delegation and in a pioneer way it regulates the figure of public professional managers though only limited to those municipalities with a population exceeding 40.000 inhabitants.


2014 ◽  
Vol 18 (1) ◽  
pp. 85 ◽  
Author(s):  
José Geraldo Araújo Correia ◽  
Guilherme Irffi Diniz ◽  
Rodolfo Ferreira Ribeiro da Costa

O objetivo deste trabalho é testar a hipótese de flypaper na administração pública municipal do estado do Ceará.Para tal, foi construído um painel de dados com informações sobre os gastos, a arrecadação, a população e as transferências constitucionais para os 184 municípios cearenses entre 1999 e 2009. Tais informações foram extraídas juntoà Secretaria do Tesouro Nacional e ao Instituto Brasileiro de Geografia e Estatística. A metodologia utilizada remete-se aomodelo de dados em painel com efeito aleatório. Os resultados destacam que a elasticidade gasto-renda supera aelasticidade gasto-transferência e, portanto, as administrações municipais estão isentas da prática descrita pelo efeitoflypaper.Palavras-chave: Flypaper; gasto; transferência; dados em painelANALYZING THE BEHAVIOR OF THE PUBLIC SPENDING IN CEARÁ’S CITIESAbstract: The aim of this study was to test the hypothesis flypaper in municipal public administration in the state of Ceará.To this end, was built a panel with information on expenditures, revenues, population and constitutional transfers to the 184municipalities of Ceará between 1999 and 2009. Such information was extracted together with the National Treasury and theBrazilian Institute of Geography and Statistics. The methodology used is referred to the panel data with random effect model.The results highlight that the elasticity spending exceeds income-elasticity worn-transfer and, therefore, local governments are exempt from the practice described by flypaper effect.Keywords: Flypaper, expenditure, transfer, panel data.


2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.


2015 ◽  
Vol 37 (3) ◽  
pp. 331-355
Author(s):  
Pieter Bleyen ◽  
Stijn Lombaert ◽  
Geert Bouckaert

In search for efficiency, effectiveness and fiscal sustainability, governments gather more performance information than ever before. As many of them have sought to incorporate and use this kind of information in budgeting and planning documents, the main goal of this article is to discover how local government performance budgeting practices can be mapped by a survey in a way that enables international comparison. Three previous mapping endeavors served as preliminary guidelines to develop a refined index based on the dimensions measurement, incorporation and use of performance information which form a generally accepted logical sequence in the public management literature. Results for the case of 304 Flemish local governments show a huge variation in the way performance budgeting is practiced, as index scores vary from nearly zero to more than 76 percent. Although it seems that available performance information is incorporated fairly well, measurement and use are lacking. It can be concluded that measuring performance budgeting offers interesting insights in the way this kind of budgeting is practiced in local governments. Although, from an analytical point of view, it is not sufficient to fully grasp performance budgeting and this for several reasons discussed in the article.


2018 ◽  
Vol 22 (5) ◽  
pp. 56-72
Author(s):  
Yu.  N.  Vorob’ev ◽  
L.  M.  Borshch

The purpose of our study was to substantiate theoretically and applied integrated approaches to the functioning and development of the fnancial system in the context of the state fnancial policy under the international sanctions. The study has been based on the theory of fnance, the dialectical method, and scientifc argumentation. We used a systemic approach, historical and economic-statistical methods as well. The authors substantiate the important scientifc direction of the modern fnancial system — modernization and progressive development and determine the consolidating functions of the state fnancial regulation, aimed at eliminating the imbalance, including new approaches to fnancing the budget defcit at the expense of borrowed funds. New approaches to macroeconomic orientation form new opportunities for modern modifcations in the fnancial system. On the basis of scientific arguments, the authors showed that although the federal budget of Russia plays a key role in the development of the fnancial system and the fnancial market, and the state fnancial policy acts as a macroeconomic regulator, the fnancial system of Russia develops on the basis of its own laws arising within it. The authors substantiate the point of view that the state fnancial policy is aimed at revealing the diversity of the functions of money circulation. This has an impact not only on social reproduction but also on the functioning and development of the fnancial system as a whole. The public fnancial policy should take into account the peculiarities of the functioning and development of the fnancial system in the context of constantly occurring macro-, meso-, and microeconomic processes. Of course, this will allow applying new approaches to modern changes in the fnancial system, and will also indicate the existence of a communicative convergent market, which is a sign of the formation of a “market of symbolic exchange of signs”, and hence of the new monetary changes.


Author(s):  
Abeer Abdul-Hafiz Barakat, Shatha Abdul-Baqi Al-Ajili

This study aimed to identify the self-worth and its relationship to motivation to work from the public secondary school teachers’ point of view in Irbid governorate in Jordan. Descriptive relational approach was used. Two scales were used, namely: the self-worth scale and the motivation towards work scale. The two scales were applied to a stratified random sample of (352) male and female teachers in public secondary schools in Irbid governorate, of the first semester (2019-2020). The results showed that the level of self-worth among public secondary school teachers in the governorate of Irbid obtained an overall average (3.98 out of 5), as a rating (high). Furthermore, the level of motivation towards work obtained an overall average (3.72 out of 5), as a rating (high), and at the level of the fields the reasons for motivation related to the teacher got the highest average (3.76), followed by the reasons related to the work environment with an average (3.71) and finally the reasons for society with an average (3.69), all of them with a (high) rating. The results also showed a positive correlation between self-worth and motivation to work among public secondary school teachers in Irbid governorate, which reached (0.62), which is a (medium) relationship and based on the results, a set of recommendations have been proposed, including the need to develop new and innovative mechanisms and methods that work to raise the self-worth of teachers, in a way that improves their performance and increases their motivation towards work.


The article deals with the international standards of social security from the position of stipulation of social risks in them. On the basis of the state self-limitation theory, the author concludes that there exists a process of self-limitation in the field of social security. By ratification of international treaties establishing standards in the field of social security, a state limits itself. Thereby the state makes a commitment to support its citizens in prevention, overcoming, and compensation of social risks. It demands from the state to formalize the social risks in the national legislation. It is proved that formalization of social risks in national legislation is an inner aspect of the self-limitation process in the field of social security. Some social risks might be also stipulated in international documents, in particular, in the UN and the International Labour Organization instruments. Both internal and external aspects of the self-limitation process in the field of social security are in close interrelation. At the same time, implementation of certain international standards entails significant financial and organizational budget expenditures, therefore such standards can be implemented in part. From the author’s point of view, it is the internal aspect of self-limitation that serves as a guarantee from arbitrariness of a legislator in formalization of social risks.


2020 ◽  
Vol 8 (12) ◽  
pp. 1862
Author(s):  
Fithrah Fithrah

Tujuan penulisan karya ilmiah ini adalah untuk mengkaji pengaturan terkait kepemilikan tanah di Indonesia oleh orang asing melalui perjanjian nominee dan upaya penegakan hukumnya. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan konseptual. Hasil dari penulisan karya ilmiah ini ialah penegakan hukum terhadap praktek kepemilikan tanah oleh orang asing melalui perjanjian nominee dapat dilakukan oleh kejaksaan selaku organ negara yang mewakili kepentingan publik, baik melalui sarana perdata maupun pidana. Hal ini perlu dilakukan guna melindungi tanah Indonesia dimiliki oleh orang asing dan guna mendukung upaya negara mewujudkan tugas konstitusionalnya, yakni menguasai tanah bagi sebesar-besarnya kesejahteraan rakyat tanpa harus memberikan ketidakadilan bagi Warga Negara Asing. The purpose of writing this scientific paper is to examine regulations related to land ownership in Indonesia by foreigners through nominee agreements and law enforcement efforts. The research method used is normative legal research methods using statute and conceptual approaches. The result of writing this scientific paper is that law enforcement against the practice of land ownership by foreigners through nominee agreements can be carried out by the prosecutor as the state organ representing the public interest, both through civil and criminal means. This needs to be done in order to protect Indonesian land owned by foreigners and to support the state's efforts to realize its constitutional duties, namely to control the land for the maximum welfare of the people without having to give injustice to foreign citizens.


2020 ◽  
pp. 15-19
Author(s):  
N.I. Rodzinskyi ◽  
D.S. Savchenko ◽  
M.H. Khaustova

The article is devoted to the problematic form and pressure of the public opinion. Basic attention is the theoretical aspects of understanding of public opinion as the legal and social phenomenon, as exactly due to a presence or absence of foregoing institute of civil society it is possible to talk about the state and level of democratization of society, taking into account active introduction of processes that provide access and participation of citizens in life of the state. A self concept «public opinion» though has the generalized interpretation and interpretation in a modern kind, however during all way of forming tested quite a bit transformations and modifications. The presence of different conceptions to understanding of the phenomenon of public opinion is first of all explained variety of looks to influence of actors on the origin of public opinion. Scientists in the doctrine of sociology and legal sciences examine public opinion as phenomenon of mass consciousness that has elemental character, a social institute, a social regulator, that brings in the effective contribution to the decisions of question, that touch activity of the state. For today three basic going was formed near understanding of public opinion as social and legal phenomenon – morally-normative that was based on public publicity and openness, approach, that was based not on subject composition, but on thematic, denying here influence of mass character on the process of forming of public opinion and approach demoscopy is fixed in basis of that – research the key aspect of that is realization of analysis of public opinion on the basis of quantitative data. The classic going near understanding of public opinion from the point of view of her nature is conception of V. Lipman, in basis of that influence of environment of existence of individual is fixed on the process of forming of public opinion. In this theory attention is accented on that a human is clearly limited to in informative space the capacity for perception of information, and that is why can not grasp her fully, however this factor plays role of positive factor of forming of public opinion, as it gives an opportunity more deep knowledge in certain industry, creating more organized public opinion that does not limit opinion of every individual here. As well as on any institute of direct democracy on public opinion certain functions – expressive, consultative, directive functions. Due to realization of foregoing functions public opinion there is cooperating of public with organs by the state of power, that it is counted on formation of original symbiosis, the aim of that is creation of positive terms for life of citizens, increase of level of democratization in society, to improve quality and efficiency of realization of the functions fixed on them power within the framework of legislation.


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