UTICAJ ZAKONODAVNOG OKVIRA JAVNIH NABAVKI NA SEKTOR OSIGURANjA

2021 ◽  
Author(s):  
Vuk Lekovic
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Insurance Companies ◽  
The Public ◽  
Insurance Sector ◽  
The Republic ◽  
The Impact

Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.

scholarly journals Status nastavnika na fakultetu – neka sporna pitanja

Forum ◽  
2019 ◽  
Vol 1 (1-2) ◽  
pp. 3-23
Author(s):  
Radoje Brkovic ◽  
Mirjana Popovic
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
Insurance Companies ◽  
The Public ◽  
Insurance Sector ◽  
The Republic ◽  
The Impact

Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.

Investment Portfolio Performances of Public Sector General Insurance Firms in India: An Empirical Approach

2017 ◽  
Vol 6 (1) ◽  
pp. 61-75
Author(s):  
Joy Chakraborty ◽  
Sankarshan Basu
Keyword(s):  
Public Sector ◽  
Multiple Linear Regression Model ◽  
Insurance Companies ◽  
The Public ◽  
Insurance Sector ◽  
General Insurance ◽  
Long Run ◽  
Insurance Firms ◽  
Investment Portfolios ◽  
The Impact

Deregulation of the Indian insurance sector has witnessed the rise of private players in the Indian general insurance sector post-1999. Though the four major public sector general insurers still continue to dominate the Indian general insurance market, an abrupt rise in the number of private players has raised concerns upon the solvency position of the public sector general insurance companies in safeguarding their policyholders’ interests. The major reason for this concern could be attributed to the existing investment portfolios of the general insurance firms, the impact of which has been felt upon their solvency position. The present study investigated the investment portfolios of the four major public sector general insurance firms in India involved in multiline businesses, and its subsequent impact upon their solvency position. The application of the multiple linear regression model has been employed to investigate the solvency determinants of the public sector general insurance firms in view of their short-term and long-term investment portfolios, covering the study period from 2005–2006 to 2014–2015. The findings of the study have pointed out the necessity for the four public sector general insurers to focus on certain key investment variables in their investment portfolios in ensuring a sound solvency position in the long run.

The effectiveness of the international anti-corruption legal framework in the context and practice of Colombia

2020 ◽  
Vol 27 (2) ◽  
pp. 437-476 ◽  
Author(s):  
Gloria Perez Torres
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Public Procurement ◽  
Developed Countries ◽  
Legal Framework ◽  
Public Officials ◽  
Content Type ◽  
The Public ◽  
The Impact ◽  
Practical Implications

Purpose This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries. Design/methodology/approach It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement. Findings This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption. Practical implications In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries. Social implications Assist to continue efforts to deter corruption. Originality/value No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

DEA Window Analysis of Insurance Sector Efficiency in the Republic of Serbia

2020 ◽  
Vol 58 (3) ◽  
pp. 291-310
Author(s):  
Zlata Đurić ◽  
Milena Jakšić ◽  
Ana Krstić
Keyword(s):  
Financial Stability ◽  
Theoretical Research ◽  
Insurance Companies ◽  
Scale Efficiency ◽  
Financial Investment ◽  
Main Research ◽  
Insurance Sector ◽  
Window Analysis ◽  
The Republic ◽  
Dea Window Analysis

Abstract Insurance market is characterized by growing competition. This has imposed needs relating to the continuous capacity building of insurance companies, the continuous improvement of operating results and the assessment of the effects of insurers’ financial investment. The ultimate goal of these activities is to implement the planned goals and achieve positive business results. It is evident that the financial stability and efficiency of the insurance sector strengthens the confidence of citizens in this type of financial intermediaries. Bearing in mind the importance of the insurance sector for the financial system and economic system growth and development, the research subject is the analysis of the insurance sector efficiency in the Republic of Serbia. The main research objective is to look at the insurance sector efficiency through the performance analysis of nine selected insurance companies in the period 2007-2018, using DEA window analysis. The analysis and systematization of theoretical research findings, along with empirical data interpretation, description and comparison yielded results pointing to very poor performance of the insurance sector as a whole, because in all years of the observed period the relative average efficiency (technical, pure technical and scale efficiency) was below 100%, especially in the period 2015-2018.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals Healthcare reform: Heads of medical organizations at the forefront of problems

POPULATION ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 79-91
Author(s):  
Olga Alexandrova ◽  
Olga Komolova
Keyword(s):  
Professional Education ◽  
Healthcare Reform ◽  
Health Management ◽  
Medical Personnel ◽  
Practical Experience ◽  
Insurance Companies ◽  
Important Indicator ◽  
The Public ◽  
Medical Institutions ◽  
The Impact

The article is devoted to the impact of healthcare reform on the situation in the industry and the requirements for managers of medical organizations. On the data from the expert survey, participants of which were physicians with practical experience in the field of health management; economists studying the work of the public sector; lawyers involved in the protection of patients’ rights, etc., it provides characteristics of today’s financial, logistical support and staffing of medical institutions, their relationships with founders, insurance companies and patients; there are given experts’ opinions on who should be the leaders of medical organizations — managers or clinicians, how to create their personnel reserve, what should be changed in the system of professional development and retraining of medical personnel. It is shown that the working conditions of medical organizations have radically changed, and the amount of attracted extra-budgetary funds has become an important indicator of their effectiveness. At the same time, the institutional context, in which they function, is highly controversial, devoid of a number of fundamentally important elements, and is not balanced in terms of the rights and obligations of various actors involved in the provision of medical care. This significantly complicates the activity of the management of medical institutions, generates a «conflict of interests» among them, which ultimately negatively affects patients. According to experts, today an experienced manager should be at the head of the medical institution, but — with the obligatory good knowledge and understanding of the specifics of the medical industry. Since medical institutions are now managed by medics, their training in economics and management within the system of continuing professional education becomes very important. The article is divided into two parts. The second part will be published in Population 2019 No.1.

scholarly journals Impact of premium reserve on life insurance investments in the Western Balkans

2021 ◽  
Vol 16 (2) ◽  
pp. 355-376
Author(s):  
Jelena Tomašević ◽  
Milijana Novović-Burić ◽  
Ljiljana Kašćelan ◽  
Vladimir Kašćelan
Keyword(s):  
Financial Market ◽  
Life Insurance ◽  
Insurance Companies ◽  
Strong Positive Correlation ◽  
Western Balkans ◽  
Insurance Sector ◽  
Correlation And Regression Analysis ◽  
Country Level ◽  
Financial Investments ◽  
The Impact

The growing importance of life insurance in the world imposes a greater need for research in this area, particularly in the Western Balkans where the trend of growth has been closely accompanied by life insurance for the past two decades. Taking into consideration that life insurance companies are significant participants in the financial market, this research paper examines the impact of the premium reserve on the volume of financial investments of life insurance companies in Western Balkan countries, based on aggregate data on country level. In order to test its effect, linear correlation and regression models were used, based on data collected for the period 2006-2016. Additionally, comparative analysis was used to compare the position of life insurance companies in financial markets. The results obtained by applying correlation and regression analysis showed that there is a strong positive correlation between premium reserve and financial investments in all of the aforementioned countries in the region. This result is an important strategic guideline for the regulators and policymakers to make advancements in the life insurance sector as well as in the financial market of the Western Balkans.

scholarly journals Best Value Approach in Public Procurement: Improving ‘Best’ through Enhanced Preparation Phase

2020 ◽  
Vol 10 (1) ◽  
pp. 66-83
Author(s):  
Frank Steller
Keyword(s):  
Public Procurement ◽  
Customer Relationships ◽  
Theory Building ◽  
The Public ◽  
Innovative Method ◽  
Best Value ◽  
Preparation Phase ◽  
The Impact

The Best Value Approach (BVA) offers an innovative method to get the most out of Supplier-Customer Relationships (SCRs). This paper argues that the preparation phase should be enhanced when applying BVA in the context of public procurement. Literature on SCRs learns how successful relationships are governed bilaterally during execution. This literature also describes which processes are taking place prior to contracting. Here, the concepts of this literature areapplied to analyses the specific public procurement context. The impact of this context is, that the tender process is governed unilaterally. Further, BVA - as applied in public procurement - is viewed through the lenses of the SCR literature. Although BVA partly leads to bilateral governance, the impact of the public procurement context remains. For practitioners wanting to improve BVA’s effect in public procurement, the paper offers an enhancement of the approach. For theory building, the analysis leads to a further differentiation of the concept of governance. For regulators, it offers something to consider: focus on principles or rules?

Green Public Procurement

2019 ◽  
pp. 136-160
Author(s):  
Carmen Lenuta Trica ◽  
Luminita Ghita
Keyword(s):  
Public Procurement ◽  
Legal Framework ◽  
The Public ◽  
Green Procurement ◽  
Product Categories ◽  
Legal Provisions ◽  
Green Public Procurement ◽  
Environmental Requirements ◽  
Procurement Contracts

At present, legal provisions and environmental policy regulate the possibilities of using environmental considerations in the development of award criteria, as well as in the performance clauses of procurement contracts. The first part of the chapter analyzes the concept of green procurement and product categories for which green procurement can be used. The second part of the chapter presents the benefits of using green procurement. The third part of the chapter will include assessing the progress and impact of using green procurement. The fourth part of the chapter analyzes the legal framework for public procurement in Romania, as well as the capacity of the market to offer and develop products and services that include minimum environmental requirements and criteria. In the fifth part of the chapter, the authors analyze the possibility of implementing a mechanism for the operation and implementation of the legal provisions in Romania in order to improve the quality of the services and optimize the costs of the public procurement.

Out of sight, out of mind? Supplier spatial proximity in French public procurement

2014 ◽  
Vol 27 (6) ◽  
pp. 486-500 ◽  
Author(s):  
Olivier Mamavi ◽  
Haithem Nagati ◽  
Frederick T. Wehrle ◽  
Gilles Pache
Keyword(s):  
Public Procurement ◽  
Spatial Proximity ◽  
Management Competencies ◽  
Content Type ◽  
The Public ◽  
Feature Evaluation ◽  
Negative Effect ◽  
New Type ◽  
The Difference ◽  
The Impact

Purpose – The purpose of this paper is to study the impact of spatial proximity on supplier selection in the French public sector. While French public procurement legislation forbids consideration of supplier location in the procurement process, public contractors may still rely on spatial proximity for complex transactions necessitating mutual adjustments with suppliers. Design/methodology/approach – Using French Official Journals (BOAMP), the authors compiled 565,557 transactions completed on three public procurement markets between 6,182 contractors and 26,570 suppliers, over a period of six years (between 2006 and 2011). The authors conducted a two-level hierarchical linear auto-regression analysis and a feature evaluation analysis for all transactions. Findings – The paper finds significant variation between the transactions on different markets: a negative effect of spatial proximity on the number of contract notices in the public market and a positive effect of spatial proximity on the number of notices in the services and supplies markets. The difference lies in the levels of mutual adjustment required to optimally manage the relationship between public contractor and supplier. Research limitations/implications – The research is based on an econometric analysis conducted uniquely in the French context, which calls into question the external validity of the results obtained. The study also rests on segmentation into three aggregate markets, which might be considered too general. Originality/value – Rather than analyze public contractors’ perceptions of the importance of the criterion of spatial proximity, the paper examines 565,557 actual transactions. The results point to the emergence of a new type of relationship with certain suppliers, which should lead public contractors to integrate relationship management competencies, in addition to legal and economic competencies, in the organization of calls for tenders.

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