scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

Some Thoughts on the System of Tasks of the Local Autonomies Related to the Organisation of Personal Social Care

2012 ◽  
Vol 10 (4) ◽  
Author(s):  
István Hoffman
Keyword(s):  
Social Services ◽  
Local Governments ◽  
Social Care ◽  
Local Communities ◽  
Short Description ◽  
The State ◽  
The Social ◽  
Post Industrial ◽  
Industrial Societies

In the modern post-industrial societies services are becoming the greatest part of the economy, and through the reallocating role of state – even after the millennium changes – the role of the services organised by the communities is exceptionally high. One of these services is the social care granted by the state and (its parts) the local governments. In my article I summarise the roles of local communities and local governments of some European and non-European states in the organisation of social care. The practical and theoretical legal terms of social assistance and personal social services are presented as well as the general characteristics of models (settlement or regional municipality based) of the organisation of the services. There is also a short description of general financing issues.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Constructing Images of Deviance: A Look at State Intervention into the Problem of Wife-Battery

1983 ◽  
Vol 31 (1_suppl) ◽  
pp. 60-76
Author(s):  
Patricia A. Morgan
Keyword(s):  
Social Problem ◽  
State Intervention ◽  
The United States ◽  
The State ◽  
Structural Position ◽  
Wife Battering ◽  
The Social ◽  
Class Context ◽  
Definition Of ◽  
The Cost

Patricia Morgan's paper describes what happens when the state intervenes in the social problem of wife-battering. Her analysis refers to the United States, but there are clear implications for other countries, including Britain. The author argues that the state, through its social problem apparatus, manages the image of the problem by a process of bureaucratization, professionalization and individualization. This serves to narrow the definition of the problem, and to depoliticize it by removing it from its class context and viewing it in terms of individual pathology rather than structure. Thus refuges were initially run by small feminist collectives which had a dual objective of providing a service and promoting among the women an understanding of their structural position in society. The need for funds forced the groups to turn to the state for financial aid. This was given, but at the cost to the refuges of losing their political aims. Many refuges became larger, much more service-orientated and more diversified in providing therapy for the batterers and dealing with other problems such as alcoholism and drug abuse. This transformed not only the refuges but also the image of the problem of wife-battering.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

scholarly journals “Leviathan”, or an essay on the doctrine of the state by T. Hobbes

2020 ◽  
Vol 23 (8) ◽  
pp. 26-36
Author(s):  
Vadym Nikolenko
Keyword(s):  
Human Nature ◽  
Social Order ◽  
Life Support ◽  
The State ◽  
Psychological Traits ◽  
Advantages And Disadvantages ◽  
Political Views ◽  
The Social ◽  
Social Philosopher ◽  
Legitimate State

The study focuses on individual episodes of the biography, the most notable ideas and main socio-political views of the outstanding English scientist, social philosopher, theorist of the origin of the state – T. Hobbes. On the basis of the classic work “Leviathan”, his backbone thoughts on the processes of state building, the development of a balanced normative and legislative system and specific motives for striving for power are highlighted. In particular, attention is focused on the search by the researcher of the optimal balance between freedom and the duties of a citizen. The aspiration of the classic to a comprehensive study of the most effective mechanism, optimal forms of public administration, primarily for the establishment of stable social order and safety, is noted. The scientist emphasized that an authoritative, sovereign, legitimate state is able to effective cope with the tasks set. In which those in power are obliged to be guided by norms of morality and law. Characterized, according to the researcher, the socio-psychological traits of both average citizens and sovereigns for the full life support of the country.Highlighted his heuristic principles of anthropomorphism, which more metaphorically, expressively detail the likely destructive diseases of the state, among which he considered the lack of frugality and the processes of oligarchization of the socio-political system to be especially unsafe. Scientists emphasized the absolute rejection of corruption, lack of social justice, abuse of power. Thus, the advantages and disadvantages of various forms of government were highlighted, in particular, monarchical, aristocratic, democratic. The scientists himself was an active supporter of absolute monarchy and the unshakable authority of the state. At the same time, he focused not so much on the duties of citizens to the state, as on the duties of state representatives to their citizens, the implementation of which can state structure effective, authoritative and legitimate. At the same time, the contribution of T. Hobbes to the development of the philosophy of law is highlighted. In general, it was emphasized that the English scientist comprehensively substantiated his own thought about the immutability of human nature in the form of manifestations of selfishness, individualism, insatiable appetites, unrestrained passions, and the desire for social change. According to the philosopher, only a just, sovereign, authoritative state is capable of curbing the negative manifestations of human nature. In addition, attention focused on the state-forming nature of his philosophy and the scientist’s significant contribution to the development of the theory of the social contract or the contractual origin of the state is highlighted.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals Methodical basis of social security measurement of the state

2020 ◽  
pp. 56-62
Author(s):  
Oleh Dzoba ◽  
Nataliia Stavnycha
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Calculated Data ◽  
The State ◽  
Security Assessment ◽  
The Social ◽  
Methodical Basis ◽  
Definition Of ◽  
Selection Of ◽  
Integral Indicator

Summary the article has analyzed the existing scientific and methodological approaches to assessing the level of social security of the state. It was revealed that they differ because: scientists include various components that form social security; they use various indicators and calculation methods; have various aspects of both generalization and practical direction. It was revealed that most often the components of social security include: safety of life, health, social protection and aspects of social and labor relations. The methods that are most often used in calculating the level of social security were considered. It was proved that in assessment, the selection of indicators that pose a threat, is the difficult task. It was revealed that there is no legally approved methodology for assessing the social security of the state. The use of various social security assessment methodologies was analyzed. Emphasis was placed on the selection of indicators used in these techniques. It was concluded that for assessing the social security of the state, an integral indicator is used most often. At the same time, scientists prefer their own set of indicators. The author’s definition of «social security» was presented, which allowed the formation of four components of the state’s social security (life, poverty, health and education). It was established that the choice of indicators for assessing the social security of the state should cover a retrospective period and should be based on both reporting and calculated data. A hierarchical model of an integral indicator of state social security was proposed. There was defined a set of indicators for each of proposed component. The following algorithm has been proposed for assessing the integral indicator of state social security: the formation of the components of social security and the definition of indicative indicators for each of the components; formation of a database; determination of an integral indicator; determining the influence of each component on the change in the integral indicator; interpretation of indicators; determining the sustainability of hazardous trends.

scholarly journals INFORMATIZATION OF SOCIAL PROVIDING AS A MAIN ELEMENT IN THE FORMATION OF DIGITAL ECONOMY

2020 ◽  
pp. 95-106
Author(s):  
Halyna KULYNA ◽  
Nataliya NALUKOVA
Keyword(s):  
Information Systems ◽  
Social Policy ◽  
Social Security ◽  
Social Services ◽  
Social Protection ◽  
The State ◽  
Information Space ◽  
Digital Society ◽  
Social Sphere ◽  
The Social

Introduction. In the conditions of digital society formation, the informatization of the social security sphere is a necessary component and guarantee of successful implementation of social policy aimed at quality and timely satisfaction of citizens' needs. Therefore, a prerequisite for the effective functioning of social protection and public service authorities is the development and technical innovation of social services and channels for their implementation through automated information systems, should be consistent with the innovation strategy of development of the social sphere as a composite digital economy of the state. Purpose is to substantiate the expediency of application of the newest digital technologies in the sphere of social security and novelization of social services on this basis, as well as to reveal features and advantages of social protection of the population through automated information systems and channels of their implementation. Results. The necessity and role of informatization in the modern digital society and the main challenges that lead to its implementation in the field of social security have been substantiated. The key automated information systems, which contribute to the construction of a common information space of the social sphere and allow to increase social protection of the population in domestic conditions, as well as the emergence of a new service-oriented social service with a wide range of information and communication services, have been analyzed. The necessity of training and retraining of highly qualified creative specialists of new specialties was noted and generalized principles of systems of skills development in the conditions of informatization, which are important in the selection of social workers, were defined. Conclusions. Social protection and social welfare institutions, when formulating their own strategies, should consider the information and communications technology vector of development as an essential means of improving their functioning, since this will determine the effectiveness of social policy implementation in the State and the level of satisfaction of citizens with social services. The results of informatization of social processes are manifested in the implementation of automated information systems and the construction of a single unified information space of social security, the development of new service products, electronic filing of documentation and simplification of procedures for obtaining social security, transparency of social security and, as a result, successful social policy.

Nation Branding

2020 ◽  
pp. 57-73
Author(s):  
Héctor Fernández L’Hoeste
Keyword(s):  
The State ◽  
Nation Branding ◽  
Business Managers ◽  
Imagined Community ◽  
Social Sciences And Humanities ◽  
Role Of The State ◽  
The Social ◽  
Definition Of ◽  
Political Technology

This chapter proposes the practice of nation branding as a political technology, as an example of neoliberalism in which the definition of national identity, previously assessed primarily by the social sciences and humanities, becomes the domain of business managers and advertising executives, thanks to technologies associated with social media. It explains how the redefinition of social goods, the role of the state, and the role of experts entail the replacement of a more socially driven understanding of identity with an act of commercial prestidigitation by way of nation branding; the pertinent state entities are replaced by advertising and image consultancy firms; and, lastly, scholars of various disciplines are replaced by advertising and PR executives. In short, following neoliberalism, identity is reinterpreted as brand. Identity no longer results from the never-ending and instantaneous negotiation between a multiplicity of parties, representative of myriad aspects relevant to the configuration of individuals and communities, but is rendered instead as the quantifiable, concrete result of a variety of transactions. Through this reformulation, a new relationship is suggested between the idea of nation as imagined community and the reality of the state as a material expression of the concept of nation.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

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