scholarly journals State Purchasing Policy – A New Institution of Public Procurement Law

2020 ◽  
Vol 43 (4) ◽  
pp. 163-175
Author(s):  
Ewa Katarzyna Czech ◽  
Andrzej Panasiuk
Keyword(s):  
Public Procurement ◽  
The State ◽  
Modern State ◽  
Public Authorities ◽  
The Public ◽  
Policy Objectives ◽  
New Institutions ◽  
Purchasing Policy

The state's purchasing policy is one of the new institutions of the Public Procurement Law. Influenced by the changes in the package of directives coordinating public procurement procedures in 2014, our national legislator has taken steps to use public procurement for purposes other than strictly purchasing. Therefore, the authors' considerations strive to define the concept of "purchasing policy of the state", outlining the role and scope thereof in the functioning of the modern state. Furthermore, the authors try to point out problems related to its implementation by the public authorities, stating finally that purchasing policy will only be effectively implemented if all participants of the public procurement market are aware of the policy objectives.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

Combating corruption in customs authorities in the context of ensuring the efficiency of public governance

2021 ◽  
Author(s):  
A. Lipentsev ◽  
O. Voytyk ◽  
N. Maziy
Keyword(s):  
Public Administration ◽  
Code Of Ethics ◽  
The State ◽  
Main Body ◽  
Public Governance ◽  
Public Authorities ◽  
Material Wealth ◽  
The Public ◽  
Legal Standards ◽  
Wide Range

Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.

Public Procurement and Transparency in the Private Sector

2021 ◽  
pp. 176-194
Author(s):  
Tom Brown
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
General Public ◽  
Public Procurement ◽  
Public Authorities ◽  
Procurement Process ◽  
The Public ◽  
The United Kingdom ◽  
Pay Differences ◽  
United Kingdom Government

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.

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.

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

scholarly journals Religion and modernity in a secular city: A public theology of différance

2011 ◽  
Vol 67 (3) ◽  
Author(s):  
Johann-Albrecht Meylahn
Keyword(s):  
Common Good ◽  
The State ◽  
Religious Fundamentalism ◽  
Modern State ◽  
The Public ◽  
Religion And Modernity ◽  
Divine Violence ◽  
The Republic ◽  
Legitimate Violence ◽  
Good And Evil

Seeking the good often authorises and legitimises certain forms of violence: violence that defines the state (Benjamin’s law-founding violence) by the exclusion of others and the violence that coerces or binds (religare) the public into a common understanding of the good at the exclusion of other interpretations of that good (Benjamin’s law-maintaining violence). The secular modern state has never been without religion functioning as religare. The modern state, often seen as a peacemaker, is founded on these two forms of ‘legitimate’ violence against what is other or different, just as the peace, prosperity and good of the state is sought through the elimination of the different and a unification of the state under the banner of a ‘common’ good. This ‘legitimate’ violence will always produce the counter-violence of difference (i.e. excluded others) seeking a legitimate place within the common space of the republic (Benjamin’s divine violence). With the rise of religious fundamentalism, institutionalised religion has been allowed to return to the public debate. Is the call for this return one that further sanctions legitimate violence by eating and sharing the fruit of knowledge of good and evil? Is the call the church is hearing one that seeks to clarify and clearly define the good that will bind us (religare) into a stronger and more prosperous and peaceful city – onward Christian soldiers marching as to war? Or is there another calling, one that requires us to be Disciples of Christ – with the Cross of Jesus going on before – entering the space of violence beyond the knowledge of good and evil as peacemakers? In this article, I sought to understand this ‘peacemaking’ space by bringing into dialogue Žižek’s interpretation of Christianity with Derrida’s interpretation of hospitality.

AS POLáTICAS PÚBLICAS DE PROTEÇÃO DA SAÚDE MATERNO-INFANTIL NO PIAUá (1930-1945)

2018 ◽  
Vol 15 (26) ◽  
pp. 49-73
Author(s):  
JOSEANNE ZINGLEARA SOARES MARINHO
Keyword(s):  
Public Policies ◽  
The State ◽  
Public Authorities ◽  
State Legislation ◽  
Administrative Organization ◽  
The Public ◽  
Palabras Clave ◽  
State Administration ◽  
Future Citizen ◽  
And Child Health

A proposta do artigo é analisar a organização administrativa dos poderes públicos piauienses a partir da criação de legislação e de órgãos de assistência á  saúde de mães e crianças entre 1930 e 1945. Dessa forma, objetiva-se abordar como a questão da saúde materno-infantil passou a ser tratada como responsabilidade do Estado. Tratava-se de uma iniciativa que estava de acordo com o ideário de preparação do futuro cidadão, vinculando-se á  formação do trabalhador nacional. Para a realização da análise foram utilizadas autoras como Besse, Freire e Martins. O corpus documental foi composto de mensagens do governo do Piauá­, legislação estadual e artigos de jornais impressos. Verificou-se que a formulação de leis e órgãos ficou condicionada á  estruturação da administração estadual, sendo estabelecidas as condições para a proteção de crianças e mulheres, estas, no entanto, receberam atenção apenas no que se referia á  condição materna.Palavras-chave: Polá­ticas públicas. Saúde. Materno-infantil.  THE PUBLIC POLICIES FOR THE PROTECTION OF MATERNAL AND CHILD  HEALTH IN PIAUá (1930-1945)Abstract: The purpose of this article is to analyze the administrative organization of public authorities in Piaui from the creation of legislation and health care agencies for mothers and children between 1930 and 1945. Thus, the objective is to address the issue of maternal health was treated as the responsibility of the State. It was an initiative that was in accordance with the ideals of the preparation of the future citizen, being linked to the formation of the national worker. To perform the analysis, authors such as Besse, Freire and Martins were used. The documentary corpus was composed of messages from the Piauá­”™s government, state legislation and printed newspaper articles. It was verified that the formulation of laws and organs was conditioned to the structuring of the state administration, establishing the conditions for the protection of children and women; these, however, received attention only regarding the maternal condition.Keywords: Public policies. Health. Maternal-child.LAS POLáTICAS PÚBLICAS DE PROTECCIÓN DE LA SALUD MATERNO-INFANTIL EN EL PIAUá (1930-1945)Resumen: La propuesta del artá­culo es analizar la organización administrativa de los poderes públicos piauienses a partir de la creación de legislación y de órganos de asistencia a la salud de madres y niños entre 1930 y 1945. De esa forma, se pretende abordar como la cuestión de la salud materno-infantil pasó a ser tratada como responsabilidad del Estado. Se trataba de una iniciativa que estaba de acuerdo con el ideario de preparación del futuro ciudadano, vinculándose a la formación del trabajador nacional. Para la realización del análisis fueron utilizadas autoras como Besse, Freire y Martins. El corpus documental fue compuesto de mensajes del gobierno de Piauá­, legislación estadual y artá­culos de periódicos impresos. Se verificó que la formulación de leyes y órganos quedó condicionada a la estructuración de la administración estadual, siendo establecidas las condiciones para la protección de niños y mujeres, estas, sin embargo, recibieron atención sólo en lo que se referá­a a la condición materna.  Palabras-clave: Polá­ticas públicas. Salud. Materno-infantil.

scholarly journals Modern system of state procurement in ensuring innovative development of economics

2018 ◽  
Vol 11 (3) ◽  
pp. 242-248
Author(s):  
T. S. Kolmykova ◽  
E. V. Semenikhina ◽  
E. A. Alpeeva
Keyword(s):  
Public Procurement ◽  
Great Influence ◽  
The State ◽  
Economic Research ◽  
Federal Law ◽  
The Public ◽  
Modern System ◽  
Innovative System ◽  
Modern Economic ◽  
Procurement System

Public procurement is a category of the modern economic system. They have a great influence on the formation of the innovative potential of the country and the regions. The state has a powerful management impact due to the modern system of public procurement. The state optimizes budget expenditures, minimizes uncontrolled costs, regulates prices for socially and economically important groups of goods. Public procurement is a complex innovative system. It includes elements: planning, formation and carrying out of purchases, the conclusion of the contract, the control of fulfillment of obligations between the customer and the supplier. The procurement system unites relations between authorities, legal and private persons. The process of public procurement is complex. He constantly undergoes changes and additions. According to the current Russian legislation, the procurement of goods, works or services is divided according to the subject matter into two groups: 1) purchases carried out by government customers to ensure state and municipal needs, controlled by Federal Law No. 44-FZ of 05.04.2013, and 2) carried out by certain types of legal entities or corporate purchases, controlled by Federal Law No. 223-FZ of July 18, 2011. State and municipal procurement are a tool for effective impact on the development of the economy. They perform the most important functions: regulative, reproductive, stimulating, social, innovative. Thus, the study of the public procurement system today is a significant and relevant issue in the field of economic research.

scholarly journals Public Procurement as the Object of Audit and Management of the United Rural Territorial Communities in the Context of Decentralization

2021 ◽  
pp. 142-148
Author(s):  
Walery Okulicz-Kozaryn ◽  
◽  
Kateryna Melnyk ◽  
Keyword(s):  
Public Procurement ◽  
General System ◽  
The State ◽  
Economic Feasibility ◽  
Procurement Process ◽  
The Public ◽  
State Audit ◽  
Decision Making System ◽  
Control Procedures ◽  
The Impact

United territorial communities in the context of decentralization are authorized to carry out public procurement at their own discretion. However, additional responsibility reinforces the need to involve the institution of audit as a guarantor of the economic and social feasibility of the process. The purpose of the article is to determine the place of public procurement as one of the objects of the national audit system in order to increase the efficiency of management of united territorial communities. It was found that, despite the improvement of legislative regulation in the sphere of public procurement, the illegal, often “lobbied” use of budgetary funds requires increased control, both from the state and the public, and from the actual administration of the united territorial communities. The theoretical and methodological foundations of the state audit of public procurement were revealed. The directions of improving the state audit of the public procurement process in united rural territorial communities were proposed, while observing the priority of sustainable development goals. The capabilities of the electronic public procurement platform Prozorro were critically assessed. The reasons and prerequisites for the elimination of the corruption component of the public procurement process at the local (united territorial communities) and global (national economy) levels were identified. The need for IT-auditing in the field of legality and economic feasibility of using budget funds in rural territorial communities was proved. The impact of the audit on the general system of information and analytical support of management consists in assessing the effectiveness of activity processes, information processes and control procedures in order to improve the management model of activity and, accordingly, the decision-making system.

Sign in / Sign up

Export Citation Format

Share Document