scholarly journals IMPLEMENTATION OF STATE POLICY REGARDING PRISONS PRIVATIZATION: POSSIBILITIES AND CHALLENGES OF THE PRE-SENT

2020 ◽  
Author(s):  
Tetiana Nikolaienko ◽  
Keyword(s):  
Private Sector ◽  
State Policy ◽  
Effective Interaction ◽  
Legal Aspects ◽  
The State ◽  
Private Prisons ◽  
National Space ◽  
Active Involvement ◽  
Detention Centers ◽  
Provision Of Services

. The article is devoted to the privatization of prisons and the provision of commercial services to improve the detention conditions of persons taken into custody in the pre-trial detention centers of the State Penitentiary Service of Ukraine. These issues have become relevant in modern conditions of experimental projects of the Ministry of Justice of Ukraine. The author of the article has used a comparative approach to define the effectiveness of the implemented projects and the efficiency of public policy in this area. The experience of countries, in which private prisons and the provision of services on a paying basis have proven their effectiveness and gained popularity in the world, has been studied. An analysis of the state policy implementation in this area in such countries as the United States, Norway, France has been accomplished. It showed that paid ser-vices related to the organization of executions, employment of prisoners, the possibility of obtaining certain funds, ensuring health care is carried out exclusively by organizations (corporations), which provide them. Peculiarities of their activity, legal aspects of standardization and possibilities of use in the national space have been investigated. An analysis of a experimental project introduced by the Ministry of Justice of Ukraine to provide commercial services to persons taken into custody in pre-trial detention facilities of the State Penitentiary Service of Ukraine and a project to sell prisons has been carried out. It has been established that for the effectiveness of their implementation it is advisable to take into account the conditions in which the state is, its capabilities, current realities, including the impact of the global COVID-19 pandemic and the probable risks. It has been proposed to consider the provision of commercial services to im-prove the conditions of persons taken into custody in pre-trial detention centers and the privatization of prisons as a multifaceted phenomenon in the context of the state policy of reforming (development) of the penitentiary service. It has been recom-mended to involve the private sector in the state penitentiary system, taking into ac-count the foreign experience, normalize the legal aspects of its activities, optimize the network of existing state-owned enterprises, penitentiary institutions, to ensure the efficiency of their functioning and to provide adequate detention conditions of accused persons (convicts) through effective interaction of the penitentiary service (state) with the private sector and active involvement of local authorities.

Private Sector Housing in Ghana: Some of the Legal Aspects of State Control since 1982

1993 ◽  
Vol 37 (1) ◽  
pp. 46-51
Author(s):  
K. Oteng Kufuor
Keyword(s):  
Social Justice ◽  
Private Sector ◽  
State Policy ◽  
Legal Aspects ◽  
The State ◽  
Political Agenda ◽  
State Control ◽  
Military Regimes ◽  
Set Up ◽  
National Defence

This article examines the use of the law by the state to achieve its aim of social justice. It focuses on how, through a series of laws, the state has endeavoured to regulate private sector residential rents at the lower end of the market (up to a ceiling of 1,000.00 cedis) and the occupation of residential accommodation. An analysis is thus given of the nature of the laws in question as well as the institutions and organs of the state that were either set up, or had the scope of their powers broadened, in pursuance of the state's objectives.On 31 December, 1981 a military junta, the Provisional National Defence Council (PNDC) assumed power in Ghana. It had as one of the cornerstones of its political agenda the establishment of “true democracy” for all Ghanaians who, according to the new rulers, had been denied this right by previous civilian and military regimes. As a consequence, the PNDC enacted Law 42 which encapsulated in part the Directive Principles of State Policy (hereinafter the Directive Principles).

scholarly journals Improving state policy on forest fire prevention and extinguishing: administrative and legal aspects

2021 ◽  
pp. 177-184
Author(s):  
M. V. Oleynik
Keyword(s):  
Content Analysis ◽  
Forest Fires ◽  
State Policy ◽  
Legal Aspects ◽  
Disaster Medicine ◽  
The State ◽  
Emergency Situations ◽  
Legal Documents ◽  
Key Points ◽  
Forest Fire Prevention

In this article, an attempt is made to analyze the existing legal mechanisms for the formation of the state system for the prevention and elimination of forest fires, to outline ways to improve state policy in this area. The author presents the results of the analysis of the content of text arrays of normative legal acts regulating the prevention and elimination of forest fires. disaster Medicine of the Ministry of Defense of the Russian Federation. The genesis of legislative acts reflecting the functions of the state to protect the population and territories from emergency situations is carried out. With the help of content analysis, the characteristics of various governing documents in the field under consideration are given. The main key points contained in the analyzed documents are shown. The positive and negative sides, as well as contradictions affecting the functioning of the RSChS and the functional subsystem of the Federal Forestry Agency for the protection of forests from fires and their protection from pests and forest diseases are revealed. The qualitative approach of content analysis allowed us to determine the content of problematic issues that are poorly reflected in regulatory legal documents, or have a logical contradiction when compared with each other. The proposals for improving the state policy in the field of prevention and elimination of forest fires in Russia are substantiated.

Priorities of the state policy of ensuring national security and counteraction to terrorism in Russia

2016 ◽  
Vol 5 (1) ◽  
pp. 11-16
Author(s):  
Берникова ◽  
Olga Bernikova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
State Policy ◽  
Legal Aspects ◽  
The State ◽  
Public Security ◽  
Modern State ◽  
The Russian Federation

In the article the authors cover a problem of formation of an effective state policy of counteraction to terrorism in the Russian Federation. Political and legal aspects of ensuring the state and public security in modern Russia are characterized. The objective reasons and factors of emergence of terrorism in the modern state are generalized. The main general directions and institutional mechanisms of realization of a state policy of counteraction to terrorism in system of ensuring national security in Russia are revealed.

Administrative and legal aspects of the state policy of ensuring the national security of Ukraine in the field of health care at the present stage

2020 ◽  
Vol 4 (4) ◽  
pp. 167-173
Author(s):  
Oleksandr Komisarov ◽  
Yuriy Shvets
Keyword(s):  
Health Care ◽  
Medical Care ◽  
National Security ◽  
Health Care Reform ◽  
Health Care System ◽  
State Policy ◽  
Legal Aspects ◽  
The State ◽  
Medical Reform ◽  
Care System

The article considers the main administrative and legal aspects of the state policy of national security of Ukraine in the field of health care. On this theoretical basis, the current challenges of medical reform are identified and proposals are developed to find the best ways to prevent and optimize them. Under the administrative and legal support of health care, we understand a set of organizational and legal forms and mechanisms to ensure socio-economic, health, anti-epidemic measures carried out by specialized organizations, the purpose of which is to preserve, strengthen and maintain human health, provide professional, high-quality and high-tech medical care to all who need it, as well as ensuring the availability of such care. It is concluded that the state policy of national security of Ukraine in the field of health care is aimed at creating such conditions for the health care system that allow for health education, disease prevention, provide medical care to citizens, conduct scientific research in the field of health care and training of medical and pharmaceutical workers, to maintain and develop the material and technical base of the health care system. Today in Ukraine the directions of the state policy of national security of Ukraine in the field of health care are determined by the European integration directions of our state and the commitments made by Ukraine in connection with the signing in June 2014 of the Association Agreement between Ukraine, on the one hand, and The EU, the European Atomic Energy Community and their Member States, on the other hand. However, the concept of health care reform in terms of its implementation to meet the relevant obligations has significant differences with the constitutional principle of free medical care, and therefore needs further refinement and improvement. It is substantiated that the highlighted topical issues of administrative and legal provision of health care should be taken into account in the implementation of the second stage of medical reform, which started on April 1, 2020. In addition, the experience of preventing and counteracting the spread of COVID-19 coronavirus infection should be an important aspect of health care reform.

scholarly journals Legal Aspects Of Public Control For Information Safety In Ukraine

2019 ◽  
pp. 13-23
Author(s):  
I.I. Petrovska
Keyword(s):  
State Policy ◽  
Security Policy ◽  
Legal Aspects ◽  
The State ◽  
Separate Analysis ◽  
Civilian Control ◽  
Public Control ◽  
Information Safety ◽  
Cyber Safety ◽  
Type Information

The author analyzes the legal principles of ensuring national safety and its type - information safety in Ukraine. The study reveals the principles of state security policy. The article deals with the implementation of the idea of the unity of Ukraine through the provision of national safety in information activities (in particular regarding the receipt, use, dissemination, transformation, refutation and protection of information, its sufficiency and truthfulness). Separate analysis of the threats to national safety and the issue of informing about the activities of public figures, individual methods of information war. Consequently, the legal acts of Ukraine define the directions of the state policy, public officials, the basic methods of ensuring national safety and its type - information safety. The state policy on national safety is aimed at ensuring state, economic, information, military, foreign policy, ecological safety, cyber safety of Ukraine on the basis of implementation of relevant strategies, legal acts of the information sphere. For law enforcement activities in the field of information safety is carried out democratic civilian control (which is a kind of public control).  

scholarly journals Public-Private Partnership in the Investment Sphere

2020 ◽  
pp. 152-167
Author(s):  
L.L. Hrytsenko ◽  
O.I. Tverezovska
Keyword(s):  
Private Sector ◽  
Effective Interaction ◽  
Production Capacity ◽  
Public Private Partnership ◽  
The State ◽  
Industrial Growth ◽  
Private Partnership ◽  
The Social ◽  
Almost All

With reference of crisis’s deepening processes at the present stage of national economy’s development there is emerge a reduction in investment by both the private sector and public institutions. At the same time, one of the important components of creating a favorable climate for Ukraine’s economic growth is the development of infrastructure. Up today a set of problems related to the fixed assets` obsolescence in almost all areas of economic activity, physical and moral deterioration of equipment, lack of investment in infrastructure, lack of budget funding for infrastructure investment and innovation projects, etc. Consequently, there is a need to find qualitatively new tools and mechanisms for investment development of Ukraine’s economy, also forms and methods of investment interaction between the state and business based on public-private partnership (hereinafter – PPP). The effective interaction between the state and the private sector in PPP together with well-organized risk management system will allow investing in the development of production capacity, accelerate industrial growth, expand domestic and foreign markets, improve the quality of goods, works and services, improve public services, improve investment attractiveness and business activity. The research in the article is devoted to public-private partnership, which arises as a result of partnership between the state and business. PPP today is one of the qualitatively new tool and mechanism for investment development of Ukraine's economy. The world practice of PPP projects’ application, their most widespread types in different countries is investigated in the work. At present PPP is quite widely, especially in Europe, in the implementation of socio-economic tasks, such as ensuring effective governance in the field of PPP, reducing burden on the budget, strengthening the social responsibility of business, improving the quality of life of the country`s population, etc.

Holding private prisons to account: what role for Controllers as ‘the eyes and ears of the state’?

2020 ◽  
pp. 151-170
Author(s):  
Joanna Hargreaves ◽  
Amy Ludlow
Keyword(s):  
Private Sector ◽  
Qualitative Data ◽  
The State ◽  
Contract Management ◽  
Private Prisons ◽  
Theoretical Position ◽  
Private Providers ◽  
Private Prison ◽  
Practical Nature

The advent of the private sector’s contemporary involvement in prisons in England and Wales saw the creation of a new role – that of the Controller. Controllers are embedded within all privately managed prisons as the ‘eyes and ears’ of the State. They hold the private sector to account on a day-to-day basis, ensuring that private providers deliver on their contractual promises and that the State’s delegated penal power is wielded in accordance with the law. While Controllers occupy an essential theoretical position within the prison accountability landscape, little is known about how Controllers understand and practice their roles and what this might mean for the nature and quality of accountability achieved. Drawing on qualitative data from interviews with Controllers, this chapter explores the vision of accountability pursued by Controllers, their orientations to contract management, and the practical nature and impact of their accountability work. The chapter focuses on the form and significance of Controllers’ relationships with private prison Directors, especially exploring themes of trust and relationality.

scholarly journals The Structure of State Auditor Functions in the Fight Against Corruption

2021 ◽  
Author(s):  
Renee Flasher ◽  
Syrena Shirley ◽  
James P Higgins
Keyword(s):  
Private Sector ◽  
Local Governments ◽  
The State ◽  
Financial Statement ◽  
Equivalent Function ◽  
Active Involvement ◽  
State Audit ◽  
The Relationship

In this study, we examine the structure of the state auditor or equivalent function to determine the relationship with federal corruption convictions. Specifically, we explore whether differences in the responsibilities for (1) financial statement audits of state or local governments (i.e., state audit function  vs.  private-sector auditor) and (2) fraud investigations through whistleblower programs within states are associated with federal corruption prosecutions within the state. We find that states’ efforts in the fight against corruption appear to be more effective where state audit functions are responsible for both financial statement audits and fraud investigations. We interpret our results as support for deterrence benefits achievable through state auditor functions’ active involvement in financial statement audits and fraud investigations.

scholarly journals Work as a means of convicted persons correction in prisons: current experience of foreign countries

2021 ◽  
Vol 1 (1) ◽  
pp. 202-208
Author(s):  
Tetyana Nikolaienko
Keyword(s):  
State Policy ◽  
Large Scale ◽  
Pilot Project ◽  
Legal Aspects ◽  
Domestic Space ◽  
Comparative Approach ◽  
Detention Centers ◽  
Foreign Countries ◽  
Detention Facilities ◽  
Current Experience

The article is devoted to the analysis of the practice and scientists’ legal positions on the peculiarities of the sentences’ execution in the form of imprisonment in Germany, Norway, USA, France in terms of the effectiveness of achieving the goal of convicts’ correction through the prism of their employment. In the current conditions of reforming the penitentiary system of Ukraine, with the introduction of a pilot project to create paid chambers in pre-trial detention centers and large-scale sale of prisons, restructuring the infrastructure of pre-trial detention centers, conservation of detention facilities, the issue of convicts’ correction has been significantly minimized. It has been pointed out that within the framework of ensuring the rights of convicts, compliance with the conditions of their detention, the introduction of «penitentiary probation», the issues of creating more effective tools in order to motivate convicts to work for real correction and create an effective mechanism for their implementation remain still open. It has been suggested that for solving these issues it is expedient to use the comparative approach to study the current experience of countries that have proved their effectiveness in this field and achieved better results. An analysis of the effectiveness of the convicts’ correction in the frame of state policy implementation in this area in Germany, Norway, USA, France, showed that the issues, related to the executions organization, prisoners’ employment, the possibility of obtaining certain funds, ensuring proper health care is carried out within the so-called «import of services». The peculiarities of their activity have been outlined, the legal aspects of standardization have been determined and the possibilities of their use in the domestic space have been formulated. It has been proposed to consider the correction of a person as the purpose of punishment through the prism of its effectiveness in the context of the state policy of reforming the penitentiary system of Ukraine. It has been recommended: to introduce the involvement of the private sector in the executions organization in the form of imprisonment; to regulate the order of its activity, particularly the companies that will be involved in it; to determine the procedure for convicts’ employment with work types standardization that will contribute to their correction and the real possibility of remuneration in accordance with current legislation; to provide opportunities for convicts to study and improve their skills in case of involvement in various types of work; to eliminate any deductions from the convicts’ earnings, except those provided by a court decision; to specify for the daily detention of convicts in case of their employment impossibility; to establish control over the companies activities that will be involved in the sentences execution organization.

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