scholarly journals Sanction mechanism of the register of public sector partners in context of public procurement

2019 ◽  
Vol 3 (2) ◽  
pp. 18-33
Author(s):  
Zuzana Kršjaková

This paper is dedicated to the comprehensive regulation of obligations related to the registration in the Register of Public Sector Partners which can be identified in a variety of legal provisions. The paper deals with all sanctions related to meeting these obligations. The introduction defines what the Register of Public Sector Partners is and with what purpose it has been established. Afterwards, the paper focuses on the identification of individual regulations which include the obligations related to the Register of Public Sector Partners, as well as the individual sanctions for not meeting them. The last part of the paper shifts attention to the private law aspects of violations of obligations related to the Register of Public Sector Partners.

2018 ◽  
Vol 16 (2) ◽  
pp. 353-363 ◽  
Author(s):  
Bohdan Dmytryshyn ◽  
Ruslana Zhovnovach ◽  
Oleksandr Levchenko ◽  
Yurii Malakhovskyi ◽  
Viktoriya Gonchar

The issue of reforming the institute of state (public) procurement is one of the key directions of the modernization of the administrative sector of our state. Increasing the efficiency of this institute should be recognized as one of the conditions for ensuring stable economic growth. In this regard, issues relating to the assessment of the efficiency of the use of public funds are of particular interest. The indicators of the efficiency of the activity of the public procurement sector in Ukraine in the context of the introduction of the “ProZorro” electronic procurement system are calculated and analyzed. The existing works of the individual scientists in the direction of developing indicators of the efficiency that can be used to evaluate the results of the operation of the procurement logistics system in the public sector in Ukraine are generalized. As a result, approaches have been identified that can be used to determine the effectiveness of the participation of customers, private sector representatives and the system of electronic public procurement in general. On the basis of retrospective data of past years and the first half of the current year, a number of estimates of absolute and relative savings, as well as indicators of the effectiveness of the open bidding in the public sector of Ukraine have been identified. The dynamics of these indicators before and after the introduction of the “ProZorro” electronic procurement system was analyzed. The analysis shows that the first results of the functioning of the “ProZorro” system demonstrate the existence of negative trend of competition and reduction in the amount of savings in public funds. Ensuring high efficiency and competitiveness, integrity and transparency of the procurement process are the main tasks of the Ukrainian government in the field of public procurement. The authors argue that the introduction of the “ProZorro” system can help to solve them successfully, and the application of the analytics module enables to calculate the savings from the use of this system.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lindani Myeza ◽  
Naledi Nkhi ◽  
Warren Maroun

PurposeThe study aims to deepen the understanding of why risk management principles are circumvented, thereby contributing to transgressions in public procurement for South African state-owned enterprises (SOEs). A deeper understanding of why risk management principles are circumvented is especially important in South Africa, given the high social, economic and environmental risks to which national and major SOEs are exposed in the procurement process.Design/methodology/approachThe study uses a qualitative design, based on detailed semi-structured interviews with 19 participants comprising management advisors, forensic investigators and auditors to explore why risk management principles are circumvented by South Africa SOEs.FindingsThe results of the study indicate that the tone that is set at political and executive level plays an important role in determining compliance with risk management principles by lower-level staff. Intense levels of political influence at SOEs are the main reason behind risk management systems being undermined.Originality/valueThe current study is one of the first explorations of why transgressions in public procurement continue to be evident despite risk management reforms being adopted by South Africa public sector. The research responds to the call for more studies on why reforms in South Africa public sector are not reducing transgression in public procurement. The study provides primary evidence on the importance of political and executive leadership in influencing the effectiveness of risk management reforms in the public sector.


Author(s):  
Balakrishnan A ◽  
Dr. KVM Varambally

The impact of Globalization creates a competitive horizon with new markets, new products, new mindsets, new competencies, and new ways of thinking about business. As an outcome of this, the market places become more complex, uncertain, competitive, and transformational. In this era, the major challenge faced by any organization is to maintain a peaceful as well positive culture and climate inside the organization. The human resource development climate of an organization plays a significant role in ensuring the competency, motivation, and development of its employees. Here the term climate denotes the quality of the internal environment. It influences morale and the attitudes of the individual toward his work and his environment. Culture refers to the deep structure of organizations, which is rooted in the values, beliefs, and assumptions held by organizational members. The study was aimed to analyze the Human Resource Development culture and climate of chemical-based public sector enterprises in Kerala. The results indicated that the Human Resource Development climate in an organization is average and the perception of employees regarding Human Resource Development culture and climate does not differs significantly based on age, job approval status, and qualification. But it differs significantly based on gender and experiences.


2006 ◽  
Vol 53 (3) ◽  
pp. 299-311 ◽  
Author(s):  
Viktorija Bojovic

This paper discusses recent changes in the way public services are delivered A marked increase in the cooperation between the public and private sector in the realization of complex projects, mostly concerning development of infrastructure, is the main characteristic of present-day developing economies. The creation of new, innovative agreements is driven by the limitation of public funds and an ever-growing demand for an increase in the quality of public services. Looking upon the western economies experience alternatives to the traditional public sector procurement are identified in the public/private partnership. The public/private partnership can be seen as one component in the rearrangement of the public sector with a management culture that focuses on the citizen or customer. Also included in this are accountability for results, investigation of a wide variety of alternative service delivery mechanisms, and competition between public and private bodies for contracts to deliver services consistent with cost recovery and the achievement of value for money. The partnership can be realized through an array of models and in this paper priority is given to the DBFO (design-build-finance-operate) model, due to its importance in implementation. The DBFO model is considered to be a synonym for the public/private partnership, as it is the most suitable for complex projects and gains the most benefits.


2020 ◽  
Vol 4 (9) ◽  
Author(s):  
Ying Wang

With the continuous progress of the economy of China and the full integration with the system of socialism with Chinese characteristics, Chinese economy has been further developed and gradually tends to be improved. Under the background of the new era, there are great differences between the public economy and the non-public sector of the economy that is including the private economy and the individual economy. The non-public sector of the economy is mainly to pursue the maximization of operating profits. In fact, it defers to the intention of managers. Therefore, the planning of business freedom becomes a power to protect the business property and business freedom, which is the most important issue to be considered in the context of the new era.


2016 ◽  
Vol 7 (1) ◽  
pp. 35
Author(s):  
Irina Romodina ◽  
Maxim Silin

The paper is about sustainable public procurement as a new global trend in the development of a sustainable economy. The main question raised is the following: how could sustainable public procurement be implemented in Russia? We aim to answer the question by presenting the findings of survey, covering public procurement practices of 51 contracting authorities and documentation analysis of 400 public tenders, and investigating Russian legislation. The conducted survey aims to identify the aspects of sustainable public procurement already used by public authorities in procuring practices in Russia. The analysis of Russian legislation allows to define in which sections of procurement documentation different aspects of sustainability could be included. This paper provides a unique survey of sustainable procurement practices across the Russian public sector. Research also shows the prerequisites of implementation of sustainable public procurement in Russia.


2017 ◽  
pp. 119-134
Author(s):  
Wojciech Fill

The legal-financial status of the Agricultural Property Agency is complex. Rights and obligations of the financial nature of the public are interspersed with numerous powers and duties of the sphere of private law. Specific elements shaping financial status Agency are organizational relationship and the capital of other legal entities, including primarily with the Treasury and the companies controlled by the Agency. They occur in the context of normative pass Agency to the public finance sector and its companies to the category of public sector entities. In view of the takeover by the executive agencies, a significant part of the tasks previously performed by the state without legal personality, budgetary establishments, precisely in this area normative appeared completely unique opportunity to examine the impact of the construction of legal personality to changes in the shape of subjectivity.


1984 ◽  
Vol 24 (242) ◽  
pp. 263-273
Author(s):  
Géza Herczegh

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.


2020 ◽  
Author(s):  
Nurhafiza Md Ham ◽  
Prasadini N Perera ◽  
Ravindra P Rannan-Eliya

Abstract Background Malaysia’s public healthcare sector provides a greater volume of medicines at lower overall cost, indicating its importance in providing access to medicines for Malaysians. However, the Ministry of Health (MOH), as the main healthcare provider, has concerns about the continuous increase in the public sector medicines budget, and achieving efficiencies in medicines procurement is an important goal. The objectives of this study were to assess the overall trend in public sector pharmaceutical procurement efficiency from 2010 to 2014, and determine if the three different ways in which MOH procures medicines influences efficiency.Methods We matched medicines from the public sector procurement report by medicine formulation to medicines with a Management Sciences for Health (MSH) International Reference Price (IRP) for each year. Price ratios were calculated, and utilizing the information on quantity and expenditure for each product, summary measures of procurement efficiency were reported as quantity- and expenditure-weighted average price ratios (WAPRs) for each year. Utilizing MOH procurement data to obtain information on procurement type, a multiple regression analysis, controlling for a number of factors that can influence prices, assessed whether procured efficiency (relative to IRPs) differed by MOH procurement type.Results Malaysia’s public sector purchased medicines at two to three times the IRP throughout the study period. However, procurement prices were relatively stable in terms of WAPRs each year (2.2 and 3.2 in 2010 to 1.9 and 2.9 in 2014 for quantity and expenditure WAPRs, respectively). Procurement efficiency did not vary between the three different methods of MOH procurement. Procurement efficiency of both imported innovators and imported generics were significantly lower ( P <0.001 and P <0.01) than local generic products, and medicine source and category influenced the procurement efficiency of each MOH procurement mechanism.Conclusion The design of different medicines procurement mechanisms, along with the balance of interests that Malaysia has sought to achieve in its public procurement procedures, have not been able to achieve lower public sector medicines procurement prices (relative to IRP). Introducing pooled procurement options along with continuous monitoring of procurement efficiency and exploring ways to improve price competition among local and foreign suppliers is recommended.


Author(s):  
Kawal Kapoor ◽  
Yogesh K. Dwivedi ◽  
Michael D. Williams ◽  
Mohini Singh ◽  
Mark J. Hughes

Radio Frequency Identification (RFID) is revolutionizing item identification and tracking. The technology demonstrates complexities in terms of (a) huge initial capital investment, (b) validating the need for RFID followed by its implementation decisions, (c) risks associated with consumer acceptance and consequences of incorrect implementation, and (d) capability to support enhancements and upgrades in cordial agreement with the individual implementer organizations. This paper explores the extent of RFID implementation at the Swansea University Library, examining the Social, Technological, Economic, and Managerial (STEM) aspects directly associated with implementation. A focused interview approach was resorted to, for data collection purposes. The core implementation team for RFID at Swansea University was interviewed to gain insights into the study’s areas of interest. It was found that self service is the most sought after benefit. It simplifies stock management and enhances security at the libraries. Although the cost of the system remains a concern, varying on the basis of the scale of implementation, vandalism also continues to exist but to a reduced degree. University libraries are public sector organizations, consequently leading these findings to have an insinuation for RFID implementations in other public sector organizations as well.


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