scholarly journals Legal Framework for the Delegation of State Authority to Entities under Private Law

Author(s):  
Ольга Романовская ◽  
Ol'ga Romanovskaya

The paper explores the delegation of state authority to non-governmental organizations. Such delegation is associated with the need of tackling a number of tasks, among which there are enhanced efficiency of public governance, budget savings, more citizen engagement in state affairs and quick response to fast-paced economic and political processes. It is assumed that the bureaucratic system based on the conservative principles of building the state fails to cope with them, which necessitates a large-scale administrative reform. The paper dwells upon the main provisions of authority delegation ideology set forth by the renowned scholars — representatives of the Libertarianism (F. Hayek, R. Nozick, M. Rothbard, E. de Jasay, R. Thaler, etc.). The author identifies the core ways of increasing the efficiency of public administration using such forms of power deconcentration as deregulation, co-regulation, self-regulation, quasi-regulation. Each of them relies on authority delegation to non-governmental organizations. The author provides examples of practical implementation of such authority deconcentration, classifies principles governing the process of authority delegation to non-governmental organizations.

Author(s):  
Liga Mirlina

Nowadays, many public administrations are facing the low level of public trust in state authorities. It is largely due to public dissatisfaction with the activities of public administration and beliefs that public administration does not serve to the public interest. Participation in decision-making processes is one of the ways to reduce public dissatisfaction and mistrust in public administration. In order to understand the importance of public participation in public administration processes, the aim of the paper is to study trends in the transformation of public administration and society at different stages of the development of the state reform in Latvia and its impact on public trust in public administration. The following methods have been used in the research study: analysis of normative documents, an expert survey with non-governmental organizations (NGOs) and government representatives, as well as analysis of statistics on the implementation of the Memorandum of Cooperation between the government and NGOs. An analysis of the normative documents adopted by the Latvian government shows that the legal framework provides for wide opportunities for NGO involvement in public administration. The statistical data and opinions of NGOs and public administration experts show that there are a variety of mechanisms for increasing NGOs participation. However, the opportunities for developed participation are not conducive to public trust in the public administration, since in most cases information about the opportunities and results of participation is not reachable to the general public. Thus, it is vitally important to create an optimal model of NGOs and public administration relations for the activation of Latvian society in order to reduce the low participation and public trust in public administration.


2021 ◽  
pp. 438-451
Author(s):  
A. Kofanov ◽  
N. Pavlovska ◽  
M. Kulyk ◽  
Yu. Tereshchenko ◽  
H. Strilets

The article deals with a number of issues of investigation and prevention of corruption crimes in the field of public administration. The purpose of this paper is to analyze challenges in investigating and preventing corruption crimes in the field of public administration. The relevance of this study lies in the fact that the variety of forms of bribery, its penetration into various spheres of activity: economic, financial, entrepreneurial, educational, requires new ways to prevent and counteract these criminal manifestations, the creation of pragmatic recommendations aimed at improving their prevention and investigation. The study was carried out based on the method of system analysis and generalization of information obtained in the course of the study, questionnaires of different categories of law enforcement officers. They conduct pre-trial investigation of these crimes, as well as reports of the Expert Service of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, and Forensic Science Institutes of the Ministry of Justice of Ukraine for 2016-2019, the legal framework on liability for corruption offenses. The most relevant motives and methods of committing corruption crimes have been analyzed and it has been established that bribery and corruption rank first among economic crimes, and the high level of corruption of state bodies in various spheres of public life contributes to the increase in the number of such crimes. The study found that civil servants through abuse of office, as well as obtaining undue benefits predominantly commit corruption crimes. The ways of improving the forms of combating corruption in public authorities are proposed, which will reduce the level of corruption in the public administration system, in particular, the implementation of measures aimed at enhancing information exchange between non-governmental organizations, the media, the public and local authorities, and public authorities.


2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.


Revizor ◽  
2021 ◽  
Vol 24 (93) ◽  
pp. 55-70
Author(s):  
Željko Rička ◽  
Anita Šadić

Relevant governmental bodies and organizations, non-governmental organizations, international organizations and institutions, especially the media, show increased interest in corruption related to the public procurement. Public procurement is the most frequently cited area in the context of systemic corruption for the simple reason that it directly represents the spending of public money on a large scale, which according to OECD data represents about 7-15% of GDP. One of the possible approaches to prevent corruption in public procurement is the systematic building of the integrity of all entities and institutions involved in the public procurement process. Due to the fact that the internal audit way of organization and work is closest to practical issues of public procurement it has the opportunity to achieve the largest coverage of cases for which public funds are engaged.


2010 ◽  
Vol 25 (6) ◽  
pp. 496-502 ◽  
Author(s):  
Richard Garfield ◽  
Jonny Polonsky

AbstractThe Darfur region of Sudan has been an intense focus of humanitarian concern since rebellions began there early in 2003. In 2004, the US Secretary of State declared that conflict in Darfur represented genocide. Since 2003, many sample surveys and various mortality estimates for Darfur have been made. Nonetheless, confusion and controversy surrounding mortality levels and trends have continued. For this project, results were reviewed from the highest quality field surveys on mortality in Darfur conducted between 2003 and 2008. Trend analysis demonstrated a dramatic decline in mortality over time in Darfur. By 2005, mortality levels had fallen below emergency levels and have continued to decline. Deaths directly due violence have declined as a proportion of all of the deaths in Darfur. Declining mortality in Darfur was not associated with other proximate improvements in well-being, such as improved nutrition. Without large-scale, humanitarian intervention, continuing high rates of mortality due to violence likely would have occurred. If mortality had continued at the high rate documented in 2004, by January 2009, there would have been 330,000 additional deaths. With the humanitarian assistance provided through the United Nations and non-governmental organizations, these people are alive today. A focus on excess deaths among non-combatants may draw attention away from other needs, such as establishing better security, improving service delivery to the displaced, and advocating for internally displaced persons to be reached today and to re-establish their lives and livelihoods tomorrow.


2016 ◽  
Vol 8 (2) ◽  
pp. 163-187
Author(s):  
Dongshui Yin ◽  
Xiaoguang Guo

The involvement of international non-governmental organizations (ingos) in the efforts to develop democracy is a global phenomenon in the context of globalization. ingos have played a part in the development of democracy in rural China. Given domestic reformers’ technical need for village elections, the important role of village elections, and the vision of ingos for boosting democracy, ingos have sought cooperation with the government and reached where village elections are held with their resources to provide financial, technical, intellectual and other support for pushing forward elections and the reform. To some extent, these ingos have contributed to the development of democracy in rural China. However, the large-scale fast movement of people in China has resulted in a large number of “vacant” villages. Against such a backdrop, ingos have shown less interest in village elections and shifted some of their attention to other areas. In the process of developing democracy, China should adopt an open and rational attitude towards the ingos, take advantage of their strengths, and avoid considering them either angels or demons.


2019 ◽  
Vol 3 (325) ◽  
pp. 79-88
Author(s):  
G.B. Akhmejanova ◽  
◽  
N.M. Mussabekova ◽  
T.E. Voronova ◽  
B.Kh. Olzhabayev ◽  
...  

2020 ◽  
Vol 26 (40) ◽  
pp. 48-65
Author(s):  
Nneka Umejiaku

AbstractThe protection of children and women in Nigeria is very critical because their integration in every sphere is a precedent to the growth and development of nations. However, they face diverse discrimination and violence because they are very vulnerable. The object of this study is to examine the rights of children and women by x-raying the various legal and institutional frameworks that provide for their rights, as well as dangers posed by taking their rights for granted. The work analyses factors that inhibit their protection and proffers a viable solution. In this paper, we adopt the doctrinal and empirical methods of legal research. The study discovers that despite a legion of legislation, children and women are exposed to many factors such as legal, social, economic, and obnoxious cultural practices. Further, the work reveals that inherent lapses are visible in our legal framework particularly the 1999 Constitution (as amended), Child‘s Rights Act and other relevant legislation. Accordingly, the work recommends for the eradication of factors that promote child and women abuse and review of relevant laws. The work further recommends for a serious synergy between the government and non-governmental organizations for the protection of children and women.


2021 ◽  
Vol 9 ◽  
Author(s):  
Yulia Shenderovich ◽  
Jamie M. Lachman ◽  
Catherine L. Ward ◽  
Inge Wessels ◽  
Frances Gardner ◽  
...  

Ending all violence against children by 2030 is a core part of Sustainable Development Goals 5 and 16. A number of promising violence reduction strategies have been identified in research studies. However, we lack an understanding of the implementation and impact of these programs in respect to their delivery at a large scale or within existing service systems, particularly in low- and middle-income countries (LMICs). We advocate for greater collaboration between researchers, policymakers, donors, governments, non-governmental organizations, and program managers and staff to study how violence prevention programs operate on a large scale. We describe a new initiative aiming to foster such collaborations in the field of family strengthening programs.


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