scholarly journals How to effectively compensate a victim of terrorism: Comparison of Serbian and Israel solutions

Temida ◽  
2016 ◽  
Vol 19 (2) ◽  
pp. 277-294
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
High Risk ◽  
The State ◽  
Civil Litigation ◽  
Legal Basis ◽  
Property Damage ◽  
Public Funds ◽  
The Public ◽  
Bodily Injury ◽  
Natural Person ◽  
Victim Compensation

Two models of victim compensation: through civil litigation and through administrative public funds are explored in this article in order to compare their effectiveness. Two legislations are compared: Serbian and Israel. A special legal basis for compensation from the State is foreseen in Serbian legislation. A natural person may claim compensation for the complete damage caused, in case of death, bodily injury or destruction of property. However, such claims are rarely charged. In Israel, limited amounts are paid from the public funds to victims of hostile actions in case of death, bodily injury or property damage. Israel also compensates companies for material damages on the property that is located in areas with a high risk from terrorism. This solution is considered to be more efficient, because it protects victims? interests more effectively.

scholarly journals METHODS AND WAYS OF ASSESSMENT OF LOSSES FROM CORRUPTION THEFT IN PUBLIC SECTOR OF ECONOMY

2019 ◽  
pp. 131-141 ◽  
Author(s):  
Sergei Aleksandrovich Konovalenko ◽  
Georgy Ismaylovich Harada ◽  
Nazirkhan Gadzhievich Gadzhiev
Keyword(s):  
Public Sector ◽  
Political Development ◽  
Negative Impact ◽  
The State ◽  
Public Funds ◽  
Public Companies ◽  
Financial Flows ◽  
The Public ◽  
Goods And Services ◽  
The Government

Implementation of the decisions made in the course of management of economic and socio-political development of the state causes the adequate financial flows forming the budgetary sphere of the state. The trouble in this sphere does not allow to provide the necessary level of economic growth, hampers reforming of the economy, makes negative impact on commercial and foreign economic activity, interferes with improvement of monetary and credit, tax, insurance and other spheres of the financial system of the Russian Federation. The offenses connected with corruption and theft of budget funds committed by officials at various levels significantly undermine the authority of the government, cause a growth of discontent of society and impact the social and economic situation in the country. The practice of identifying the offenses connected with theft of public funds and property shows that practically all spheres of the public sector of economy are, to a greater or lesser extent, subject to the risks of such crimes commitment. In this regard, a research of methods and ways of assessment of corruption theft amount in the public sector of the economy is an important and hot topic. The main types of public funds theft have been analyzed, including theft of budget funds allocated in the form of grants for targeted measures; theft by overcharging the prices of goods and services used for the state needs; the acquisition of inventory for personal use of the heads of public companies at the expense of the company, etc. The dynamics of the amount of budget crimes in the Ryazan region has been analyzed. It was inferred that corruption crimes in the public sector of the Ryazan region include fraud, abuse of power, abuse of authority, illegal participation in business, as well as taking bribes. A set of measures for preventing the above crimes has been proposed.

scholarly journals Risk-based assessment model of the state and municipal procurement system

2019 ◽  
Vol 110 ◽  
pp. 02090 ◽  
Author(s):  
Elena Karanina ◽  
Ksenia Kartavyh
Keyword(s):  
Public Procurement ◽  
The State ◽  
Assessment Model ◽  
Government Contracts ◽  
Loss Minimization ◽  
Case Scenario ◽  
Public Funds ◽  
The Public ◽  
Funds Management ◽  
Procurement System

Every year, the volumes of funding in the sphere of provision of state and municipal demand increases significantly. Achieving the effectiveness of government contracts is one of the main and “eternal” problems of public funds management. For public procurement to be effective, it is necessary to meet the needs of the relevant actors, i.e. society, the state, and the private sector. In order to make a qualitative forecast of the results of public procurement placement, the development and implementation of measures aimed at improving the public procurement system, it is necessary to assess the current situation of manifestation of risks arising from the procurement of goods, works and services for state and municipal needs. For this purpose, a risk-based model for assessing the system of state and municipal procurement has been developed, which allows disclosing the nature of the risks of the procurement cycle fully and identifying a case scenario for choosing a way to loss minimization.

scholarly journals Corruption Counteraction in the Mechanism of Federal Public Administration: Federal and Inter-Regional Levels

2019 ◽  
Vol 13 (3) ◽  
pp. 426-437
Author(s):  
Konstantin Ishekov ◽  
Konstantin Cherkasov ◽  
Yulia Malevanova
Keyword(s):  
Public Administration ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Federal Law ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
Russian State ◽  
Package Principle

Current anti-corruption legislation is characterized by a lack of concentration and unity of legislative acts that regulate the work of public authorities and administration at the federal and inter-regional levels. The Federal Law «On Counteracting Corruption» has a framework nature and does not meet all the challenges of preventing and counteracting corruption that the Russian state now faces. Thus, the relevance of this study is obvious. The goal of the authors is to determine the key trends and means of systematizing legislation that regulates the anti-corruption activities of the state. Having analyzed a vast massive of normative legal acts on counteracting corruption at the federal and inter-regional levels as well as international experience, the authors conclude that it is necessary to amend the Federal Law «On Counteracting Corruption» by, among other things, systematizing the norms that regulate the corresponding sphere of state activities. The authors express their confidence that the effectiveness of legislation on counteracting corruption could considerably improve with the «package» principle of streamlining legislation and the introduction of a basic normative legal act — the Law on Counteracting Corruption, then changing the acts that are not in line with it and developing other normative documents to specify it. The use of a systemic approach to counteracting corruption also requires the revision and improvement of some clauses of the National Strategy of Counteracting Corruption which should incorporate the analysis of the situation with the anti-corruption policy of the state, the assessment of the effectiveness of the existing system, monitoring and audit, as well as the instruments of the anti-corruption policy. The paper also presents the authors’ position on the development and upgrading of the legal basis of organizing the public authorities and administrations at the central and inter-regional levels that regulates the specification and optimization of determining and delimiting jurisdictions in the sphere of counteracting corruption. The authors conclude that at present it is not advisable to organize a separate special corruption counteraction body in Russia because the conditions necessary for its establishment are lacking.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

scholarly journals MANAGEMENT OF INSTITUTIONAL SUPPORT TO THE ACTIVITIES OF YOUTH ASSOCIATIONS IN UKRAINE

2019 ◽  
pp. 9-20
Author(s):  
Sergii Boltivets ◽  
Olena Halushko
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Social Services ◽  
Institutional Support ◽  
The State ◽  
Economic Life ◽  
Legal Basis ◽  
Youth Policy ◽  
Systematic Analysis ◽  
The Public

The main result of the study is a systematic analysis of the peculiarities of legal and political institutionalization of public associations in Ukraine, ways of increasing the effectiveness of regulation of the activities of public associations in Ukraine by means of institutional support, institutional capacity of which is the result of their interaction with the state. This is manifested in the ability of public associations to perform their functions in providing social services in areas that are legally and normatively defined by the state. The evaluation of the effectiveness of relations between civil society actors, the form of institutional support for the activities of associations of children and young people on a public-legal basis, necessary for the effective use of the potential of different types of public associations, as well as optimal ways to increase the effectiveness of institutional support for public associations in implemented youth and social projects. The institutionalization of the process of interaction of public authorities with public organizations and their associations is highlighted in the context of consolidation of the organizational and legal rules of their relations, the conditions of their partnership cooperation in various spheres of socio-political and socio-economic life of the country. Institutionalization is revealed as the legitimization of the foundations of the interaction of these institutions, that is, the recognition of their interaction is legitimate and expedient for the majority of the population, whose interests are the institutions of civil society. The forms of institutional support for the activities of associations of children and youth are presented, which directly determine institutional support instruments, which can be either direct or indirect. The presented results of the conducted research testify to the necessity of further development of civil society on the basis of cooperation between state authorities and the public. An indispensable condition for such interaction is the formation of an appropriate mechanism of public administration, in which a system of social and legal norms, methods for defining purposes and a legal basis for the management process in this direction are identified. The prospects for further research in this direction are envisaged, which include the development of proposals for improving the structure of state bodies - elements of the system for ensuring interaction between authorities and the public, improving the coordination of their activities. Keywords: institutional support, youth policy, public associations, public administration, partnership cooperation.

scholarly journals Giving COVID-19 vaccines to citizens

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Sardjana Orba Manullang
Keyword(s):  
The State ◽  
Vaccination Program ◽  
Coding System ◽  
Legal Basis ◽  
Validity And Reliability ◽  
Legal Study ◽  
The Public ◽  
Legal Studies ◽  
Legal Foundations ◽  
High Level

This paper aims to understand the legal basis for administering the COVID vaccine to Indonesian citizens. In order to complete this understanding, we have collected data on the evidence of the study of publications from several journals that have a high level of investment in the discussion on the legal point of giving vaccines to the public and many journals that raise the issues of this COVID outbreak. So, after we collect the data, we continue with a study involving the coding system, evaluate the data carefully, and then try to interpret it as much as possible to get answers that we consider validity and reliability in answering this legal study issue. After we reviewed our data and continued our discussion, we finally found that the state has a legal umbrella in implementing the COVID-19 vaccination program for all Indonesian citizens with so many legal foundations, so at this moment, the results of our study will be helpful in the development of legal studies discussions and problems with the rising COVID vaccination program in Indonesia future.

scholarly journals Analisis perbandingan efektifitas aturan dalam Kitab Undang Undang Hukum Pidana lama dan Revisi Kitab Undang Undang Hukum Pidana (khususnya dalam pasal perzinahan)

2019 ◽  
Vol 19 (1) ◽  
pp. 34-39
Author(s):  
Nur Shabrina Sinulingga
Keyword(s):  
The Netherlands ◽  
House Of Representatives ◽  
Marital Relationship ◽  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Current Development ◽  
Muslim Population ◽  
The Public ◽  
Definition Of

The Criminal Code (KUHP) which is currently in force in Indonesia is a legacy that is still inherited from the Netherlands, so some of the contents of the Article are still incompatible with the culture that developed in Indonesia. One example of the definition of adultery in the Criminal Code is a marital relationship which is committed by a party that one or both are still bound in marriage. Of course this is very contrary to the culture that exists in Indonesia with a majority Muslim population. Indonesian legal experts have drafted the new Criminal Code since 50 (fifty) years ago, then after waiting all the time, finally in 2019, there is a strong discourse that the DPR (House of Representatives) will ratify the new Criminal Code. One of the revised articles in the RKUHP (draft of the Criminal Code) is this adultery article. However, this Article is one that is also a matter of controversy and much opposition.The old KUHP rules especially those relating to adultery are not in accordance with the culture that exists in Indonesia, so that frequently the act of adultery that actually disturbs the public cannot be tried as expected, but in the current development there are also many parties who consider the notion of adultery in the new KUHP too in entering into the private affairs of the Indonesian people they assume the State should not enter into a very private section.The legal basis that can be done is a legal basis that is in accordance with that contained in the Criminal  Code Keywords: Criminal Code, Adultery 

scholarly journals State Audit for Strengthening the Accountability in Public Funds Management: Case of Republic of Macedonia

2016 ◽  
Vol 9 (2) ◽  
pp. 81-94
Author(s):  
Jadranka Mrsik ◽  
Tome Nenovski ◽  
Sanja Radenkovic
Keyword(s):  
Financial Management ◽  
Public Awareness ◽  
The State ◽  
Positive Development ◽  
Public Funds ◽  
The Public ◽  
Role Of The State ◽  
State Audit ◽  
Public Money ◽  
Effective Use

Abstract The aim of this paper is to analyze the role of the state audit in strengthening the accountability in managing the public funds. Appropriate and effective use of public funds ensures a healthy economic and financial management, as well as transparency, which leads towards a positive development of the society as a whole. We evaluated the operation of the state audit in Macedonia by analyzing the regularity audit performed on five state institutions from 2010 to 2014 and we compared the results with the state audits in two neighboring countries. Our findings suggest weaknesses in the use of public money by the institutions covered by this analysis and in the operation of the State Audit Office. The research will help in increasing the public awareness about the necessity of responsible management in the public sector.

scholarly journals Peculiarities of the Public Law Status of Government Institutions (V.V. Chernikov: Teachers Are Always Nearby)

2021 ◽  
Vol 7 ◽  
pp. 84-88
Author(s):  
Aleksey S. Titov ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Legal Basis ◽  
State Institutions ◽  
The Public ◽  
Government Institutions ◽  
Legal Problems ◽  
Civil Status

The article is devoted to the review of legal problems related to the mechanism of administration of state institutions. The article examines the issues related to the civil status of state-owned institutions, as well as the issues of budgetary and legal regulation of the activities of state-owned institutions. The paper considers the legal basis for the use of budgetary funds by state institutions, the grounds and limits of civil and budgetary liability. Separately, the functions of state-owned institutions, the implementation of which is provided by the state, are highlighted.

scholarly journals Professional activities of judges as a public service

2020 ◽  
Vol 45 (2) ◽  
pp. 161-167
Author(s):  
Yuliia Hurtova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Professional Activity ◽  
Legal Basis ◽  
Public Funds ◽  
The Public ◽  
Professional Activities ◽  
Basic Law ◽  
Public Nature ◽  
State Relations

The article analyzes the possibilities of interpreting the professional activity of judges as a kind of public service in public administration practice in Ukraine. Approaches to the interpretation of the public service and its types are analyzed. Arguments about the peculiarities of official relations in the judiciary are presented. The author substantiates the position that the judicial service is not sufficiently institutionalized. Obviously, there is a mix of different shades of service, there is a combination of official and state relations. It is emphasized that the professional activity of judges is carried out in the authorities, is paid at the expense of public funds, the content of the activity consists of the performance of tasks and functions of the state. This category of persons requires a basic law on public service in Ukraine. According to the author, the service in the judicial authorities (in this case we are talking about judges), which has its specific goals, tasks, functions, is of a public nature, should have its legal basis and be called a service in a public judicial position.

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