scholarly journals Public-Private Partners Against Crime: Governance, Surveillance and the Limits of Corporate Accountability

2011 ◽  
Vol 8 (4) ◽  
pp. 471-484 ◽  
Author(s):  
Karin Svedberg Helgesson

Recent risk-based regulation on anti-money laundering emphasises the need for private business actors to be more actively engaged in preventative efforts. This proposed public-private partnership against crime raises important questions of how to balance values and interests as it situates business actors in an intricate position at the centre of conflicting claims and attributions. Based on an interview study of the banking industry in Sweden, this article analyses how surveillance for the state in relation to anti-money laundering is implemented into the business-as-usual of business actors. The findings support the initial assumption that the role of agent of the state is in conflict with the role of being an agent for private principals. However, a complementary tentative conclusion is that the demands of one principal could also be beneficial for promoting the interests of the other principal. Finally, it is suggested that making oneself more accountable may, in fact, be a means to limit corporate accountability.

2021 ◽  
Vol 3 (9) ◽  
pp. 87-94
Author(s):  
S. V. NEZHDAI ◽  
◽  
A. Yu. LUKYANOVA ◽  
I. S. GRUZINOVA ◽  
A. A. PROSTYAKOV ◽  
...  

The article shows that, in general, cooperation between public authorities and private business is one of the most important factors that generally affect the social and economic development of territories. The powers in the field of organizational and regulatory regulation of public-private partnership issues at the federal level are considered.


Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.


Author(s):  
Vera Maria Vidal Peroni

O artigo trata das redefinições no papel do Estado, que reorganizam as fronteiras entre o público e privado e materializam-se das mais diferentes formas na educação básica pública, e suas implicações para o processo de democratização da educação. No caso brasileiro, muito lutamos no período de abertura política pela democratização com direitos sociais materializados em políticas. Mas, ao mesmo tempo em que avançamos nos direitos conquistados, também foi naturalizado que o Estado não seria mais o principal executor.Palavras-chave: parceria público-privada em educação; política educacional; democratização da educação.The article deals with the redefinitions of the role of the state, which reorganize the boundaries between public and private that materialize in many different forms in basic public education, and their implications for the process of democratization of education. In the Brazilian case, we have struggled so hard since the so-called ‘opening period’ of political democratization with social rights materialized in public policies. However, while we have advanced in the conquered rights, at the same time the idea of the State as the main provider no longer prevails.Keywords: public-private partnership in education; educational policy; democratization of education


Author(s):  
Lyudmyla Seroklyn

The article analyzes the legislative support for the implementation of the concession in the development of the national economy. Emphasis is placed on the importance of deepening the understanding of the essence of the concession. It is emphasized that the problem of investing in the restoration and development of most industries, housing and communal services, infrastructure, the communal sector of the economy, and mining is exacerbated for the national economy. It is due to the intensification of interaction between private business and the state on the basis of the contractual mechanism of the concession that it is possible to implement a system of measures to stimulate effective cooperation between the state and business. The basic normative-legal bases of regulation of concession activity are defined. The main content of the Law of Ukraine on Concessions is analyzed in order to identify the main positive changes in its practical use. The main directions of positive changes in the legislative regulation of concession activities are highlighted. Among the main positive aspects that affect the intensification of concession activities in the country are: changing the view of the concession, the separation of public-private partnership and concession, the formation of requirements for concessionaire status, determining the procedure and procedure for concession, requirements for state support of concession projects. It is emphasized that there are some omissions in the legislative support of the concession. The analysis of the legislative support of concession activities allows us to emphasize the significant potential of this form of PPP to attract private capital in the development of state and municipal property. In addition, the legal requirements for the practical use of the concession indicate sufficient potential for the development of concession activities in Ukraine and the availability of appropriate legal support to maximize the benefits of concession projects. Options for their settlement are proposed to prevent abuse by partners in the implementation of the concession agreement.


Author(s):  
О. О. Nikogosyan

The article defines the priorities of the social policy of Ukraine at the present stage. The socio-economic problems of Ukraine are analyzed, their causes and solutions are identified. It is shown that the main reason for the failures of the socio-economic policy of independent Ukraine is the uncritical attitude of Ukrainian reformers to the consequences of neoliberal policies in other countries, as a result of which foreign experience of socio-economic reforms began to be introduced without taking into account domestic specifics. The decline in the role of the state in socio-economic policy, the increase in the role of private business, the privatization of "everything and everyone" led to a sharp social stratification, an economic crisis, which became a trigger for crises in all spheres of Ukrainian society. One of the fundamental principles of neoliberal economics, deregulation, has also collapsed. It turned out that the market is not efficient in areas in which the business cannot make quick and large profits. The so-called "market failures" demonstrated the need for state regulation in the spheres of education, health care, ecology, etc. Conclusions of the study and prospects for further research in this direction. Thus, if the new government really wants to build a successful country of happy people, it must make social and economic policy its top priority. Its primary tasks at the present stage should be: reduction of tariffs for utilities by eliminating from them the corruption component and excess profits of suppliers; revision of the principles of granting subsidies for utility bills. Exclusion from the number of subsidies of those who do not need state aid, but have a formal right to receive it (they work unofficially); the fight against the shadow economy, with the concealment of income from taxation; reforming the system of wages and pensions; creation of jobs with decent wages; establishing interaction between the state and private business in order to increase the social responsibility of the latter.


2021 ◽  
pp. 12-20
Author(s):  
M. I. Muslimov ◽  
◽  

Expanding the sphere of interaction between the state and the medical business is one of the priorities for the development of the medical services market in the Russian Federation. The healthcare reform, based on the principles of evidence-based medicine, digital healthcare, and high medical technologies, is primarily aimed at improving the quality of medical services and the availability of highly qualified medical care for all segments of the population. Accessibility, quality and timeliness of medical care are the main postulates of the daily activities of a private medical institution. during the period of increasing crisis phenomena in the economy and social sphere, private medicine can provide significant assistance to the state health service, become the “lifesaver” for the domestic health protection system, which today is mostly represented by the public sector. One of the most effective mechanisms of interaction between the state and private business, adopted all over the world, is the system of public-private partnership. The purpose of the study is to analyze possible forms and mechanisms of interaction between the medical business and the state within the framework of public-private partnership. M a t e r i a l s a n d m e t h o d s . The assessment of the current regulatory framework was carried out, a significant volume of domestic and foreign literary publications was analyzed, the main theoretical hypothesis was formulated on the basis of the systematic scientific method and a research plan was built. R e s u l t s . In the course of the conducted research, objective main cause-and-effect factors affecting the development of an adequate system of public-private partnership in the field of medicine and healthcare have been identified and analyzed, in terms of the distribution of benefits, costs and risks carried out on the principles of long-term, voluntary, manageability, legal validity between a private medical organization and federal and/or municipal executive authorities. The main causal factors include insufficient funding, an unfavorable demographic situation, low efficiency of using the resource base, a reduction in the bed fund under the guise of “optimization”, a decrease in the social level of the population and the redistribution of the medical and diagnostic structure due to the COVID‑19 infection pandemic. It should be recognized that the state system of medical care is not always able to fully meet the needs of societies for high-quality qualified medical care. The analysis of foreign literature has shown that medical services abroad successfully use the principle of public-private partnership, redistributing efforts to form the necessary institutional environment in healthcare between private business and the state. Such a form of interaction as concession, leasing, franchise, outsourcing, aufstaffing allows us to optimally balance the interests of the medical business and public health, significantly optimize the budget costs for health protection, especially in a difficult epidemiological period. The result of the research was the development of a conceptual and theoretical model of various forms of interaction between private medical business and government agencies within the framework of public-private partnership programs. C o n c l u s i o n s . Thus, public-private partnership is an effective economic tool that ensures the coincidence of the interests of private medical business and the state, allowing to make a profit for both subjects of medical activity, with a reduction in state budget expenditures for healthcare purposes, but with the preservation of high quality medical services and resource provision.


2006 ◽  
pp. 102-121 ◽  
Author(s):  
M. Deryabina

The article deals with the new theoretical approaches to natural monopoly. It describes essential features of the appropriate branches of economy. The role of the state in the regulation of natural monopolies in the developed and transition economies is also analyzed. The author compares the advantages and shortcomings of various institutional alternatives of organization of natural monopolies functioning as well as the perspectives of public-private partnership in this sphere. Special attention is paid to the analysis of Russian natural monopolies reforms.


2008 ◽  
pp. 78-90
Author(s):  
M. Klinova

The study focuses on the contemporary features in the development of infrastructure networks. This field becomes attractive for public-private partnership (PPP), including those with foreign capital participation. A new form of the state and TNC cooperation is evolving as an indispensable factor of improving national economies efficiency in the global context. The economic role of the state is obviously growing even when its share in companies’ capital is reduced.


Author(s):  
Елена Гоосен ◽  
Elena Goosen ◽  
Софья Ковригина ◽  
Sofya Kovrigina

The research features the problem of searching for a model of relations between the state and the business in the conditions of the changing development vector of the Russian economy. An important place in this discussion is the issue of the boundaries of the public and private sectors. Based on the analysis of modern approaches to models of government-business relations, the authors define the role of relations in the state-business tandem. The most effective form of relations is public-private partnership. The development of the partnership between the state and the business is a mechanismfor the implementation of socially significant projects, as close to the market as possible. It contributes to the socio-economic development and the changes in the development vector of resource regions. The paper introduces a classification of relations in the "state-business" tandem. The authors use the basis method of comparative analysis to distinguish two diametrically opposite models of state-business interaction, i.e. pluralistic and corporate. The approach based on the dichotomy of a liberal and a coordinated model is more promising for analyzing the interaction between the state and the business in regions with a mono-profile orientation.


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