scholarly journals A LEI DE ARBITRAGEM NA ADMINISTRAÇÃO PÚBLICA

2016 ◽  
Vol 25 (45) ◽  
pp. 3
Author(s):  
Márcio Bonini Notari
Keyword(s):  
Key Words ◽  
Public Administration ◽  
The State ◽  
Marxist Theory ◽  
Ruling Class ◽  
Capitalist System ◽  
Social Fabric ◽  
The Third ◽  
Legal Power ◽  
The Social

<p><strong>RESUMO </strong></p><p>O presente artigo tem por objetivo analisar o projeto de Lei, em tramitação perante o Senado Federal, que altera alguns dispositivos da Lei 9.307/96, instituindo a possibilidade de aplicação da Lei de Arbitragem no âmbito da Administração Pública. No primeiro momento, será abordado o conflito, a partir da teoria marxista e sua concepção acerca do Estado e do direito, enquanto aparelhos ideológicos, repressivos e intermediários dos interesses das classes dominantes, reproduzindo a lógica do sistema capitalista de produção, no uso da violência simbólica para a resolução das celeumas sociais. No segundo instante, o trabalho irá tratar alguns fatores atinentes à crise do poder jurídico estatal na solução das demandas presentes no tecido social, verificando, em especial, alguns fatores decorrentes da cultura normativista predominante na formação do jurista e suas implicações quanto à forma litigiosa no tratamento das lides. No terceiro ponto, será abordado o novo projeto de Lei, em tramitação junto ao Senado Federal, que institui a aplicação do instituto da arbitragem, em se tratando de conflitos envolvendo a administração pública.</p><p> </p><p><strong>Palavras chaves: Estado, direito, capitalismo, conflitos, arbitragem e administração pública</strong>.</p><p> </p><p><strong>ABSTRACT</strong></p><p> </p><p>His article aims to analyze the draft law, in progress in the Senate amending some provisions of Law 9,307 / 96, establishing the possibility of applying the Arbitration Law in Public Administration. At first, the conflict will be addressed, from the Marxist theory and his conception of the state and law, while ideological, repressive and intermediate the interests of the ruling class devices, reproducing the logic of the capitalist system of production, the use of violence symbolic for the resolution of social uproar. In the second moment, the work will address some factors relating to crisis of state legal power to solve the demands present in the social fabric, checking in particular some factors arising from normative culture predominant in the formation of the jurist and its implications for the way in litigation treatment of chores. On the third point, will address the new draft law, in proceedings before the Federal Senate, establishing the application of the concept of arbitration, in the case of conflicts involving public administration.</p><p> </p><p><strong> Key words: state, right, capitalism, conflicts, arbitration and public administration.</strong></p><p> </p>

The transformation of the Russian notary in the new economic realities

2020 ◽  
Vol 22 (1) ◽  
pp. 92-97
Author(s):  
KONSTANTIN A. KORSIK ◽  
◽  
ANASTASIYA A. PARFENCHIKOVA ◽  
Keyword(s):  
Public Administration ◽  
Relevant Information ◽  
The State ◽  
Technological Infrastructure ◽  
Social Sphere ◽  
The Social ◽  
Modern Economic ◽  
World Development

The article is devoted to the review of current changes in the legislation on notaries related to the development of electronic civil circulation, analysis of existing digital risks and assessment of the role of notaries in combating them. In modern economic realities, a significant expansion of the sphere of competence of the notary is carried out by introducing completely new notarial actions into the scope of the notary’s terms of reference. At the same time, the notary does not just follow the general ‘digital’ trend, but independently makes significant efforts to effectively perform the tasks of the social sphere regulator assigned to it by the state. The creation of the Unified Notary Information System as part of the formation of the technological infrastructure to ensure the security and stability of legal relations in the context of electronic civil circulation takes to a new level the quality of notarial services and the security of legally relevant information. The role of notaries significantly increases in conditions when the use of digital technologies in the economy, public administration, social sphere becomes one of the main vectors of world development, and society and the state inevitably face the flip side of this process – digital risks that jeopardize the safety of participants in civil turnover and their property. In 2020, as part of the implementation of the national program ‘Digital Economy’, it is planned to introduce a number of innovations that will create the basis for a stable and secure ‘digital’ turnover.

scholarly journals Preventive Therapy: The Neoclassical Gradualist Model of Transition from Central Administration to Market Relations

2002 ◽  
pp. 55
Author(s):  
John Marangos
Keyword(s):  
Free Choice ◽  
Private Property ◽  
Preventive Therapy ◽  
Central Administration ◽  
Capitalist System ◽  
Social Fabric ◽  
Private Property Rights ◽  
Reform Program ◽  
The Social ◽  
Market Relations

The fundamental basis of the neoclassical gradualist approach to transition in Russia and Eastern Europe was to establish economic, institutional, political, and ideological structures before attempting liberalization. Without this minimum foundation, radical reforms would have inhibited the development of a competitive market capitalist system. This was because "privatization, marketization, and the introduction of competition cannot be contemplated in an economy reduced to barter" (Carrington 1992, 24). Also, implementation of the reform program required minimum standards ofliving; otherwise the social fabric of the whole society would have been at risk. The reform had to foster a social consensus that endorsed a system of secure private property rights (Murrell, 1995, 171) and had to be guided by the principles of voluntariness and free choice (Kornai, 1992b, 17).

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

scholarly journals RELAÇÃO PÚBLICO-PRIVADA E PRECARIZAÇÃO DO TRABALHO: UM ENSAIO TEÓRICO

2018 ◽  
Vol 15 (Especial 2) ◽  
pp. 572-577
Author(s):  
João Gomes Moreira ◽  
Fernanda Aparecida Augusto ◽  
Irene Caires da Silva ◽  
Maria Elisa Nogueira Oliveira ◽  
Tatiana Veiga Uzeloto
Keyword(s):  
Public Education ◽  
Current Situation ◽  
The State ◽  
Social Policies ◽  
Third Way ◽  
Historical Process ◽  
The Public ◽  
The Third ◽  
The Social

This article aims to discuss the dismantling that the neoliberal proposals have been making in relation to social policies, which the State, in fulfillment of its duty, should provide for the wellbeing of the population, in a democratic way. It was sought to clarify that the public-private relationship is nothing more than a major strategy of capital to create and expand new market niches to overcome the cyclical crisis of capitalism, always presented with new clothes in the mutations that are processed, to reduce the effects of the inevitable in the social asphyxiation that eventually generated great revolutions recorded in its historical process. This article is of bibliographic character, where information was sought in doctrines, periodicals, specialized magazines, official websites and others. Finally, it was a brief diagnosis of the current situation of the Brazilian public education that, from the third way, has been incorporating new forms of action based on the logic of the market.

THE TRANSITION FROM LOGICAL POSITIVISM TO PHENOMENOLOGY IN THE SOCIAL SCIENCES: POLITICAL ASPECTS

2021 ◽  
Vol 16 (5) ◽  
pp. 81-95
Author(s):  
A.A. KOVALEV ◽  
Keyword(s):  
Social Sciences ◽  
Public Administration ◽  
Social Problems ◽  
Civil Service ◽  
Phenomenological Approach ◽  
The State ◽  
Logical Positivism ◽  
Phenomenological Method ◽  
Practical Application ◽  
The Social

The purpose of this study is to study the research potential of the phenomenological approach in the social sciences, which emerged in the first half of the XX century as a critique of the dominant method of logical positivism at that time. The following scientific approaches and methods were used in the article: the method of analysis, description and comparison, as well as the phenomenological approach. The author has made an attempt to prove the significance of phenomenology in the social sciences by means of comparison as a way not only to describe facts, but also to explain motives and unobservable meanings. According to the results of the conducted research, the author comes to the conclusion that the solution of urgent problems of society through the practical application of the acquired knowledge about society is possible only if the phenomenological method is actively applied in such a scientific and practical discipline as public administration. This will help to overcome the bureaucratization of the civil service, the isolation of the state administrative apparatus from real social problems, as well as to involve the population itself in the process of public administration, establishing feedback.

Exploring the Matter of Race

2017 ◽  
Author(s):  
Stephen C. Ferguson
Keyword(s):  
Social Relations ◽  
Racial Inequality ◽  
Social Ontology ◽  
The State ◽  
Ruling Class ◽  
Philosophical Perspective ◽  
Class A ◽  
The Social ◽  
Marxist Analysis ◽  
Independent Life

The biological fact of race and the social myth of racial inequality can be examined from a Marxist philosophical perspective. A materialist philosophical perspective on the social ontology of race, includes due consideration given to the material context of social relations of production and the State as an instrument of the ruling class. A Marxist analysis renders capitalism as context and determinate ground for the explanation of racism on a materialist basis. The result is that race and/or racism should not be posited theoretically as having an independent life and force of its own.

Ensuring Sustainability of the Social Order as a Priority in the Field of National Security

2021 ◽  
pp. 8-25
Author(s):  
Hryhorii Sytnyk ◽  
Mariia Orel
Keyword(s):  
National Security ◽  
Public Administration ◽  
Social Order ◽  
Social System ◽  
Social Systems ◽  
The State ◽  
System Level ◽  
The Social ◽  
Hierarchical Levels ◽  
The Stability

The purpose of the article is to analyze the factors on which the stability of the social order depends and to substantiate the expediency of its priority in the sphere of national security. The scientific novelty of the article is the justification of the interrelationship between national security and the stability of the social order in the need’s context to merge society around the goals that guarantee its security. Conclusions. The study shows that the sustainability of the social order ensures the existence and security of society and social institutions. We analyzed the axiological dimension of social order and sustainability through the disclosure of the social function of value orientation. We see them as the basis for the choice of action of the elements of social systems. In this context, we emphasized justifying the importance of a conceptual framework for its sustainability that considers the socio-cultural specificities of society and the values of the indivisible. We have shown that the main reason for the danger of social order and stability leading to the disintegration of society is the disparity of traditional values. They inform society of the ideological principles, program goals, and legal norms concerning its existence and the development of the State, which are determined by the highest political leadership. This makes it advisable to study the social system in question, its hierarchical levels, and their interrelationships. Hierarchical levels (moral, legal, conceptual) are described, their interrelationship is described, and it shows the category of sustainability to reflect the qualitative and quantitative assessment of the social order as a social system. Level – the quality (conflict-free) of its internal structuring. Emphasis has been placed on the desirability of distinguishing, at the conceptual level, the social order from the conceptual and ideological, and programmatic aspects this ensures that political decisions are made at the strategic level of public administration and that the strategic objectives of society, the means, and means of achieving them in national security, are justified. It has been established that the most effective means of destroying the State is to generate the prerequisites for threatening the stability of the social order, Therefore, the priority task of the actors of public administration and administration is to develop and implement a set of measures aimed at structuring and harmonizing principles, values and objectives at and between hierarchical levels of social order. We have identified basic prerequisites for the effectiveness of these measures, including mutually agreed goals, timetables, means, and methods of implementing strategies for socio-political and socio-economic development. Key words: social order, national security, public administration, social order and stability risks, value orientations, social order levels

Communities of hope? Gendered re-signification of microcredit in rural India

2019 ◽  
pp. 163-176
Author(s):  
Debarati Sen ◽  
Sarasij Majumder
Keyword(s):  
Community Development ◽  
West Bengal ◽  
Ground Level ◽  
The State ◽  
Rural India ◽  
The Third ◽  
The Social ◽  
Set Up ◽  
Development Alternatives

This chapter presents a picture of what gendered resilience looks like at the ground level in eastern India's Darjeeling district in the state of West Bengal. It focuses on how women interpret and react to popular market-based development alternatives like microcredit and the consequences this has had for community development. The chapter is divided into three sections. The first section charts the history and dynamics of microcredit's unfolding in Darjeeling and highlights the practices and discourses through which women demonstrate resilience. The second section lays out how and why women re-signify risk in the context of microcredit to make visible non-financial forms of risk that affect their families and, in turn, their communities. The third section explores how, after encountering the social and economic difficulties that came with the microcredit loans, many of the women set up their own groups for lending.

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