scholarly journals Improving laws on Public-Private Partnership projects appraisal council – Experiences from Korean laws

2020 ◽  
Vol 4 (4) ◽  
pp. First
Author(s):  
Như Thị Thùy Cao
Keyword(s):  
Legal Status ◽  
Investment Decision ◽  
Public Private Partnership ◽  
Legal Responsibility ◽  
Legal Basis ◽  
Project Investment ◽  
Private Partnership ◽  
The Past ◽  
Professional Requirements ◽  
The Subject

Appraisal is an important stage in the preparation of Public-Private Partnership projects, which has an important influence on the project investment decision. However, the reality of the appraisal work over the past time has not been as effective as expected. To improve this situation, first of all, it is necessary to improve the legal basis of the organization, operation as well as the responsibility of the subject assigned to the appraisal task (the appraisal council). Only when the legal status of the appraisal council is independently designed, the composition of the appraisal council meets the professional requirements and the legal responsibility of each member of the appraisal council are clearly defined, thus the appraisal work can be done seriously and effectively. With the above orientation, this article will clarify Vietnamese legal regulations related to the appraisal council for Public-Private Partnership projects, including the current provisions of Decree 63/2018/ND-CP and the upcoming provisions of the Law on Public-Private Partnership Investment 2020. At the same time, this article will also compare with similar provisions of the Korean laws to have multidimensional views. On that basis, this article will propose a number of personal views to complete the legal basis for the appraisal of Public-Private Partnership projects in our country.

Development of public-private partnerships in the regional dimension

2020 ◽  
Vol 93 (4) ◽  
pp. 133-145
Author(s):  
T. M. Barbysheva ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Large Scale ◽  
Public Private Partnership ◽  
Financial Resources ◽  
Business And Society ◽  
Private Business ◽  
Private Partnership ◽  
The Subject ◽  
The Russian Federation

Public-private partnership (PPP) in the conditions of the set strategic tasks by the President of the Russian Federation until 2030 can become one of the sources of attracting financial resources for implementation of the large-scale projects. In this regard, it is relevant to systematize the forms of PPPs and the scope of their application. Based on a study of different views on the essence of PPP, as well as taking into account the development of public administration in Russia, the author proposed the use of public-public-private partnership as a form of development of cooperation between the state, private business and society. The polyformism of PPPs is reflected in the presented classification. Based on the analysis of PPP development in the regional context, hypothesis on the correlation between the level of PPP and the socio-economic development of the subject of the Russian Federation was confirmed.

scholarly journals Designing the social estate of odnodvortsy of the western provinces in 1831

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Social Hierarchy ◽  
Social Category ◽  
The Past ◽  
Imperial Russia ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.

scholarly journals Innovative component of Ukraine’s military-technical cooperation with foreign states as an instrument of public-private partnership

VUZF Review ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 64-70
Author(s):  
Ivan Ablazov ◽  
Denys Radov
Keyword(s):  
Foreign Policy ◽  
Public Private Partnership ◽  
Technical Cooperation ◽  
Legal Basis ◽  
Private Partnership ◽  
Policy Direction

The research considers the role of the innovative component of Ukraine’s military-technical cooperation with foreign states. The legislative and legal basis for the implementation of international military-technical cooperation of Ukraine is analyzed, taking into account recent changes in the country’s foreign policy direction. The examples of promising prospects for collaboration at the level of defense enterprises are presented.

scholarly journals The Effects of Public - Private Partnership Act on the Slovenian Public Utilities Providers

2018 ◽  
Vol 15 (3-4) ◽  
pp. 191-202
Author(s):  
Veronika Petkovšek ◽  
Primož Pevcin
Keyword(s):  
Waste Management ◽  
Legal Status ◽  
Public Private Partnership ◽  
Public Utilities ◽  
Public Enterprise ◽  
Public Enterprises ◽  
Private Partnership ◽  
Current State ◽  
Before And After ◽  
The Status

The paper presents the legal status of existing public enterprises in Slovenia before and after the adoption of Public-Private Partnership Act, that demanded the reorganization of existing public enterprises in the period 2007-2009. The paper also presents the analysis of local public utilities delivery mechanisms in Slovenia, focusing on the local public utilities providers in the field of water and waste management. The aim of the paper is to introduce the changes in the legal status of existing public enterprises, caused by new legislation and also to give an insight into the current state of local public utilities providers in the field of water and waste management. The results confirm the fact that public enterprise is the most common organizational form of local public utilities providers in the field of water and waste management and lead to conclusion that in the reorganization process the majority of existing public enterprises retained the status of a public enterprise.

scholarly journals Public-Private Partnership: Toward More Effective International Development Cooperation

2019 ◽  
Vol 05 (04) ◽  
pp. 533-555
Author(s):  
Jiang Lu ◽  
Wu Zetao
Keyword(s):  
International Development ◽  
Developed Countries ◽  
Public Private Partnership ◽  
Development Cooperation ◽  
Policy Recommendations ◽  
Private Partnership ◽  
The Public ◽  
The Past ◽  
Set Up ◽  
International Development Cooperation

In the 21st century, the traditional model of official development assistance (ODA) promoted by developed countries is faced with many challenges. One of them is the emergence of the “public-private partnership (PPP)” model for international development cooperation (IDC), which has become increasingly popular among developed countries and international organizations over the past decade. This article explores the origin, meaning, and mechanism of the PPP model, and discusses the major obstacles it encounters in practice. The article also compares PPP with China’s “development package” model, and puts forward some policy recommendations on China’s participation in IDC. Although China is a pioneer in carrying out public-private cooperation in international development, it needs to fully reflect on its experience, so as to formulate clearer guiding principles and management rules on public-private cooperation. It is also imperative for the country to set up relevant institutions and mechanisms to promote PPP practices.

scholarly journals Review of the textbook "Institutional and legal basis of public-private partnership" prepared under the editorship of doctor of economic Sciences, assistant professor of the Department of public administration of MGIMO Alexei A. Mikheev

2019 ◽  
Vol 4 (9) ◽  
pp. 99-106
Author(s):  
О. Дрегнин ◽  
O. Dregnin
Keyword(s):  
Public Administration ◽  
Scientific Knowledge ◽  
Assistant Professor ◽  
Public Private Partnership ◽  
Research Topic ◽  
Extensive Literature ◽  
Legal Basis ◽  
Private Partnership ◽  
Legal Foundations

The article presents the analysis of the textbook under the editorship of Mikheev "Institutional and legal foundations of public-private partnership. In the presented textbook the study of institutional and legal foundations of public-private partnership, which is currently a significant topic for economic and legal work. The textbook has a sufficient scientific component, due to the fact that there are various methods of scientific knowledge and provides extensive literature on the problems within the research topic.

scholarly journals Specific features of social discounting in public-private partnership projects in the fisheries

2020 ◽  
pp. 118-124
Author(s):  
Р.А. Мнацаканян
Keyword(s):  
Integrated Approach ◽  
Public Private Partnership ◽  
General Nature ◽  
Social Discount Rate ◽  
Private Partnership ◽  
Theoretical Substantiation ◽  
Social Discounting ◽  
The Social ◽  
The Subject ◽  
Social Components

Одной из проблем принятия решений о целесообразности реализации проектов, имеющих значимую общественную и социальную составляющую, является незавершенность методологического обеспечения процедуры социального дисконтирования. Существующие в этой области теоретические и методические наработки носят общий характер, что не позволяет учитывать ни специфику проектов, ни особенности той сферы деятельности, в которой они реализуются. Предметом исследования в данной работе выступают методы принятия инвестиционных решений в рыбной отрасли, основанных на принципах государственно-частного партнерства. Исходя из этого, целью статьи является развитие методологии анализа проектов ГЧП, реализуемых в сфере рыбного хозяйства в части, относящейся к теоретическому обоснованию моделей, базирующихся на технологии социального дисконтирования, а также выбора социальной ставки дисконтирования. Новизна работы состоит в выработке комплексного подхода, отражающего разносторонние взгляды на процедуру социального дисконтирования. Результатом работы стала разработка рекомендаций по принятию общественно ориентированных решений о целесообразности и формах реализации проектов ГЧП в сфере рыбного хозяйства. The underdeveloped methodological support of the social discounting procedure is one of the problems of decision-making on the implementation of projects with significant social and social components. The available theoretical and methodological developments are of a general nature and do not allow taking into account either the specifics of projects or the specifics of the field of activity in which they are implemented. The subject of this paper is the methods of making investment decisions in fisheries, which are based on the principles of public-private partnership. The purpose of this paper is to develop a methodology for the analysis of PPP projects implemented in the field of fisheries in terms of theoretical substantiation of models based on the technology of social discounting and the choice of a social discount rate. The novelty of our results lies in an integrated approach reflecting versatile views on the procedure of social discounting. The author offers recommendations for making publicly oriented decisions on the implementation of PPP projects in fisheries.

scholarly journals General provisions on the constitutional legal responsibility of social communities in the conditions of digitalization

2021 ◽  
Vol 66 (1) ◽  
pp. 102-108
Author(s):  
I. V. Shakhnovskaya
Keyword(s):  
Information Technologies ◽  
Legal Status ◽  
Legal Responsibility ◽  
Social Communities ◽  
The Subject ◽  
Made In

The article discusses issues related to the establishment of general provisions on the constitutional and legal responsibility of social communities in the context of digitalization processes. Emphasis is placed on special social communities – electronic associations, highlighting the features of their legal status. Within the framework of considering the issue of constitutional and legal responsibility, distinctions are made in the order of its occurrence, depending on the order of formation (creation) of social communities as subjects of constitutional and legal relations. Particular attention is paid to the changes taking place in the constitutional and legal sphere during the development of information technologies, their impact on the change in the subject composition of legal relations.

DOCTRINAL APPROACHES TO DEFINING THE CONCEPT OF CONSTITUTIONAL AND LEGAL STATUS OF PROFESSIONAL JUDGES

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Qualitative Feature ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Structural Elements ◽  
Legal Basis ◽  
Basic Principles ◽  
Legal Personality ◽  
The Status ◽  
The Law

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

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