scholarly journals Administrative and legal principles of provision of public services in entrepreneurship activities

2021 ◽  
pp. 35-39
Author(s):  
Svitlana OBRUSNA ◽  
Oleksandr HOLOVACH

Introduction. The issue of studying the administrative and legal framework for the provision of public services within certain activities, including the ones in the field of entrepreneurship, is relevant for Ukraine. Conceptual and categorical apparatus, which could be further used in the professional literature, law-making and law-enforcement practice, is still insufficiently developed. The purpose of the paper is to define the content of the concept of administrative legal principles for the provision of public services in entrepreneurship taking into account the latest trends in administrative law, legal practice and changes in the national legislation. The methods used in the study are comparative legal, formal legal, logical and semantic as well as analysis and synthesis. Results. The need to define the concepts that make up the categorical basis for the study of administrative and legal principles of public services in the field of entrepreneurial activity is revealed. The analysis of scholars’ views on understanding the essence of the category of administrative and legal principles is conducted. The practice of applying the term of administrative and legal principles in domestic legislation is generalized. The concept of public services is analyzed and defined. The concept of entrepreneurial activity is formulated. Conclusion. It is stated that entrepreneurship activity is a strategic factor and an internal source of economic development and material well-being of the population of Ukraine under the market conditions. Administrative and legal principles of providing public services in the field of entrepreneurship activity is a set of characteristics of social phenomena and legal relations in the field of providing public services for entrepreneurship, which needs to be regulated by the administrative and legal means and provide categorical, regulatory and organizational-management support.

Author(s):  
Vadim B. Alekseev ◽  
Nina V. Zaitseva ◽  
Pavel Z. Shur

Despite wide legislation basis of regulating relations in work safety and workers’ health, one third of workplaces demonstrate exceeded allowable normal levels of workers’ exposure to occupational hazards and present occupational risk for health disorders.In accordance to national legislation acts, evaluation should cover factors of occupational environment and working process, and occupational risk is understood in context of mandatory social insurance. This approach has been formed due to mostly compensatory trend in legal principles of work safety in Russia by now. Implementation of new preventive concept of work safety, based on idea of risk management for workers, necessitates development of legal acts that regulate requirements to evaluation of occupational risk and its reports with consideration of changes in Federal Law on 30 March 1999 №52 FZ “On sanitary epidemiologic well-being of population”.Those acts can include Sanitary Rules and Regulations “Evaluation of occupational risk for workers’ health”, that will contain main principles of risk assessment, requirements to risk assessment, including its characteristics which can serve as a basis of categorizing the risk levels with acceptability.To standardize requirements for informing a worker on the occupational risk, the expediency is specification of sanitary rules “Notifying a worker on occupational risk”. These rules should contain requirements: to a source of data on occupational risk level at workplace, to informational content and to ways of notifying the worker. Specification and implementation of the stated documents enable to fulfil legal requirements completely on work safety — that will provide preservation and increase of efficiency in using work resources.


2020 ◽  
Vol 26 (8) ◽  
pp. 830-839
Author(s):  
E. Ya. Litau

Aim. The presented study examines and develops theoretical and methodological foundations that make it possible to distinguish innovative entrepreneurship among other economic phenomena.Tasks. The author identifies the specific features of entrepreneurship and its qualitative differences from other types of economic activity aimed at obtaining benefits, specifies the relationship between creative destruction and economic development, determines the attributes of innovative entrepreneurship.Methods. This study uses systematic analysis of professional literature on entrepreneurship to highlight the main attributes of entrepreneurial activity. The methodology of dialectical contradiction in its original Hegelian interpretation plays an important role in elaborating and substantiating the definition of entrepreneurship. The author considers innovative activity as creation of new values, which, according to the logic of dialectical development, destroy the old ones, triggering the process of economic development.Results. An approach to understanding the phenomenon of entrepreneurship is proposed, making it possible to distinguish this type of activity as significantly different from other types of economic activity, which may be externally similar but have different content. During the development of this approach, the concept of “anti-ideology” of entrepreneurship is introduced, which reflects the essence of innovative activity as a process of creative destruction. The necessary and sufficient attributes of entrepreneurial innovation are identified, making it possible to reflect the meaning of this phenomenon and verify this complex defining structural element in the system of economic relations. The study substantiates that the level of anti-ideology and public benefit can be used as criteria for assessing the significance of an entrepreneurial idea. A progressive model of anti-idea realization (PMA) is proposed based on the methodological principle. It can be used to develop an efficient system for evaluating startups within the framework of venture capitalism.Conclusions. Specification of the relationship between creative destruction and economic development is crucial to understanding the importance of innovative entrepreneurship. Each historical period creates its own demand for a specific type of entrepreneurs. The principle of anti-ideology, which lies at the heart of the PMA model, is key in identifying competitive commercial ideas, making it possible to focus resources and attention on projects that can make a significant contribution to economic development.


Author(s):  
Mary Donnelly ◽  
Jessica Berg

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.


Author(s):  
Pavel Samolysov ◽  
◽  
◽  

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


2021 ◽  
Vol 2 (48) ◽  
pp. 95-102
Author(s):  
I. V. Yaroshenko ◽  
◽  
I. B. Semyhulina ◽  

Over time, the role of cities as centers of economic, political and cultural life has increased significantly; they are major participants in the globalization process, affect economic growth and state policy. Cities are the main elements in many spheres of public life: they determine the education level and trends; the largest production facilities are placed in them or near them; city dwellers work as managers of different levels and shape state policy. Thus, the issues of urbanization, life and development of large cities, towns and areas around them are central to the consideration of self-government. Today, effective local governance and, consequently, effective development and promotion of the people’s well-being are viewed through the prism of achieving a balance between economic development, environmental protection and social development. Due to high population density, cities possess significant potential for creativity and innovation, energy conservation, environmental friendliness, socio-cultural diversity, etc., so it is the dynamic interaction of these features that drives European development. Setting sustainable development of cities and territories as a goal makes it important to take into account European experience not only in solving the existing problems of their functioning, but also in choosing priorities for the development of modern cities based on innovative approaches and the introduction of "smart" components. The significance of forming the required legal framework for an individual administrative and territorial unit (region, territory, city, community, etc.) to function, and of assessing its state for further use in public management of territorial development, determines the importance of developing and implementing an effective system of legal documents to address socio-economic problems and encourage sustainable regional (territorial) development in Ukraine.


2018 ◽  
Vol 4 (1) ◽  
pp. 16-23
Author(s):  
Fitri Haryanti ◽  
Mohammad Hakimi ◽  
Yati Sunarto ◽  
Yayi S Prabandari

Background: Although the WHO strategy integrated management of childhood illness (IMCI) for primary care has been implemented in over 100 countries, there is less global experience with hospital-based IMCI training. Until recently, no training had been done in Indonesia, and globally there has been limited experience of the role of IMCI in rebuilding health systems after complex emergencies.Objective: We aimed to examine the effect of hospital-based IMCI training on pedicatric nurse competency and explore the perception of Indonesian doctors, nurse managers and paediatricians about IMCI training and its development in West Aceh, a region that was severely affected by the South-Asian tsunami in December 2004.Methods: This study used stepped wedge design. Training was conducted for 39 nurses staff, 13 midwifes, 6 Head nurses, 5 manager of nurses, 5 doctors, 1 paediatricians, and 3 support facilities  (nutritionist, pharmacist, laboratory) in Cut Nyak Dien (CND) Hospital in Meulaboh, West Aceh, Indonesia. The IMCI training was developed based on the WHO Pocketbook of Hospital Care for Children. A nurses competency questionnaire was used based on the guideline of assessment of the quality of child health services at the first level reference hospitals in districts / municipalities issued by the Ministry of Health in 2007. A linear mixed model was used for data analysis.Results: The hospital based IMCI training improved the competences of nurses paediatric in assessing emergency signs of the sick children, management of cough and difficulty breathing, diarrhoea, fever, nutritional problems, supportive care, monitoring, discharge planning and follow up.  The assessment highlighted several problems in adaptation process of material training, training process and implementation in an environment soon after a major disaster.Conclusion: Hospital based IMCI training can be implemented in a setting after major disasters or internal conflict as part of a rebuilding process.  The program requires strong management support and the emergency phase to be subsided.  Other pre-requisites include the existence of standard operating procedures, adequate physical facilities and support for staff morale and well-being.  Improving the quality of paediatric care requires more than just training and clinical guidelines; internal motivation and health worker support are essential.


2018 ◽  
Vol 106 (3) ◽  
Author(s):  
Patricia Tuohy ◽  
Judith Eannarino

The Exhibition Program, part of the History of Medicine Division of the National Library of Medicine, spotlights the collection of the library by creating exhibitions and educational resources that explore the social and cultural history of medicine. Our goal is to stimulate people’s enthusiasm for history and encourage visitors of all ages to learn more about themselves and their communities. We do what we do because we believe that health and well-being are fundamental human rights and are essential to our American way of life. And we believe exhibitions are a logical expression of that commitment.Oftentimes, exhibitions focus on underrepresented subjects or lesser-known types of literature, which helps to inform the library’s collection development activity. Collection development staff take a keen interest in viewing exhibitions, attending related lectures, and performing bibliographic research on topics that are unlikely to be captured in conventional scientific and professional literature. This heightened awareness leads staff to discover niche publishers, significant authors, and unique titles, thereby enriching the collection for future generations.Following the decision to embark on an exhibition about graphic medicine, collections staff more closely investigated this class of literature. This column explores how wider social and cultural influences can change the medical literature and inform and enrich the collections policies of an institution.


2016 ◽  
Vol 40 (3) ◽  
pp. 282 ◽  
Author(s):  
Bernadette Richards

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at ‘encouraging’ and ‘supporting’ innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter – negligence and the expected standard of care in the provision of treatment – is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position in this area. It also provides clarity around the legal position and expected standard of care for those who are introducing innovative medical treatment.


Author(s):  
Vasyl Bryntsev

Problem setting. Despite the ramifications of national legislation on entrepreneurship and real activity on a significant scale of small and medium-sized businesses, as well as a significant amount of research in this area, there are problems that reduce the effectiveness of business results and encourage improvement as a regulatory framework. and mechanisms of the national model of entrepreneurship. The ways to implement the principle of freedom of entrepreneurial activity in the system of innovation law remain unclear. The purpose of the article is to identify problems that reduce the efficiency of entrepreneurial activity and search for options to improve the existing regulatory framework in the field of innovation, as well as ways to implement in the national model of economic experience of advanced countries. Analysis of recent researches and publications. A comparative analysis of the results of research by scientists from Georgia (T. Anasashvili, D. Bridze, B. Bolkhvadze, I. Margalitadze), Belarus (E. Voronko, V. Panashchenko), Kazakhstan (S. Moroz) with the conclusions and suggestions of Ukrainian scientists: A. Brevnova, P. Bubenko, D. Zadykhailo and others is carried out. Article’s main body. In the context of the global economic crisis, the most effective ways out of it are two main directions. The first, global, is due to the unification of states into economic unions and the development of common mechanisms for economic development. And the second, local, is based on a detailed study of international best practices and its implementation in national models of innovative development. A systematic analysis of the national regulatory framework with the legislation on entrepreneurship of other countries gives grounds for concluding that it is formed on similar conceptual principles, in particular with regard to consolidating the principle of “freedom of enterprise”. The Doing Business survey periodically determines the ranking of countries in the world regarding freedom of enterprise. The assessment is based on the arithmetic mean of ten control indicators: the process of business registration, the mechanism of connection to energy supply, the process of property registration, credit system, existing tax mechanisms, the degree of investor protection and more. In connection with the unsatisfactory state of development of the economy of Ukraine, attention is focused on ensuring the activities of small business on these criteria in countries that are consistently ranked in international ranking research. In particular, Georgia, China, New Zealand, Singapore and others. Conclusions. The plans of the Ukrainian authorities to further harmonize the legislation in the field of small business with European standards, to carry out in-depth tax reform and to carry out manifestations of illegal pressure on business deserve support. In order to accelerate the process of improving the legal framework for entrepreneurship and effective mechanisms for innovation, the conclusions of international experts should be used more widely. The recommendations of international rating agencies on the need to adopt a realistic strategy for the development of small and medium-sized businesses (entrepreneurship), improve the regulatory framework in the field of lending to small and medium enterprises and improve their access to existing forms of financing, development of entrepreneurship and real action should be implemented. the principle of freedom of its conduct in the field of innovation.


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