scholarly journals Governança corporativa e medidas preventivas contra a corrupção na administração pública: um enfoque à luz da Lei nº 13.303/2016

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Cristiana Fortini ◽  
Ariane Shermam Morais Vieira
Keyword(s):  
Corporate Governance ◽  
Public Administration ◽  
Critical Analysis ◽  
Preventive Measures ◽  
Federal Law ◽  
The Subject ◽  
The Law ◽  
State Enterprises

<p><strong>GOVERNANÇA CORPORATIVA E MEDIDAS PREVENTIVAS CONTRA A CORRUPÇÃO NA ADMINISTRAÇÃO PÚBLICA: UM ENFOQUE À LUZ DA LEI nº 13.303/2016</strong></p><p><strong>Resumo:</strong> O papel desempenhado pela Lei Federal nº 13.303∕2016 no que tange as normas atinentes à governança corporativa e ao compliance no aprimoramento da gestão e transparência nas empresas estatais contribuindo com as iniciativas que visam à integridade e ao combate à corrupção na Administração Pública brasileira é o tema posto em debate, a partir da análise crítica das normas específicas da lei.</p><p><strong>Palavras-chaves:</strong> Administração Pública Indireta; Corrupção; Lei Federal n º 13.303∕2016; Governança Corporativa; Compliance.</p><p><strong>CORPORATE GOVERNANCE AND PREVENTIVE MEASURES AGAINST CORRUPTION IN PUBLIC ADMINISTRATION: A FOCUS ON LAW 13.303/2016</strong></p><p><strong>Abstract:</strong> The role played by Federal Law 13303/2016 regarding the norms related to corporate governance and compliance in the improvement of management and transparency in state enterprises contributing to the initiatives that aim at the integrity and the fight against corruption in the Brazilian Public Administration Is the subject of debate, based on a critical analysis of the specific norms of the law.</p><p><strong>Keywords:</strong> Indirect Public Administration; Corruption; Federal Law No. 13,303 / 2016; Corporate governance; Compliance.</p><p><strong>Data da submissão:</strong> 01/11/2016                   <strong>Data da aprovação:</strong> 01/12/2016</p>

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Insanity and Divorce

1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton
Keyword(s):  
Critical Analysis ◽  
Historical Development ◽  
The Subject ◽  
The Law

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.

scholarly journals Administrative services in the sphere of economic competition

2021 ◽  
Vol 66 ◽  
pp. 147-153
Author(s):  
V.O. Kozhevnikov
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Economic Competition ◽  
Administrative Services ◽  
Administrative Service ◽  
Service Activities ◽  
The Subject ◽  
Administrative Act ◽  
The Law ◽  
Business Entities

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition. The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined. The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include: 1) granting permission for concentration; 2) granting permission to coordinate actions; 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition"; 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition"); 5) preliminary conclusions on concentration, concerted actions. It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

scholarly journals BREVES COMENTÁRIOS ACERCA DA LICITAÇÃO SUSTENTÁVEL A LUZ DO NOVO DECRETO Nº 9.178 DE 23 DE OUTUBRO DE 2017

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 193-198
Author(s):  
Ingrid Peratelli dos Santos ◽  
Fabio Ferreira Morong ◽  
Éder Canziani
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Public Administration ◽  
Federal Law ◽  
The Subject ◽  
Laws And Regulations

In the scope of Public Administration, which also has the duty to preserve the environment and seek sustainability, Sustainable Bidding is an important instrument capable of promoting sustainable development through purchases of environmentally viable goods or services. The objective of this work is to carry out a brief study on the main laws and regulations that deal with this bid, especially Federal Law no. 12,349 / 2010 and the last decree nº 9,178 / 2017, which try to regulate the subject in Law nº 8666/93. The method used was the legal deductive, applying the interpretation of the legislation and doctrine. It was concluded that the last decree, although there is still a need for progress, attributed greater clarity and simplicity to specific legislation, broadened some concepts that improved the environmental protection and preservation aspect, and changed institutional competence issues in order to achieve greater speed and efficiency in the management and implementation of environmental principles in bidding processes

ANALYSIS OF THE MAIN PROVISIONS OF THE FEDERAL LAW NO 248-FZ DATED 31.07.2020 “ON STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL IN THE RUSSIAN FEDERATION”

2020 ◽  
pp. 26-32
Author(s):  
Дмитрий Сергеевич Адамов ◽  
Евгений Вячеславович Козырев ◽  
Игорь Владимирович Костерин ◽  
Владимир Александрович Сорокин ◽  
Наталья Олеговна Щеголева
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

В статье рассмотрены основные положения Федерального закона от 31.07.2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации», который вступает в силу с 1 июля 2021 года. Проанализированы изложенные в Федеральном законе процессуальные основы осуществления государственного и муниципального контроля, акцент которых сделан на профилактические мероприятия. The article considers the main provisions of the Federal law No 248-FZ dated 31.07.2020 “On state control (supervision) and municipal control in the Russian Federation”, which comes into force on July 1, 2021. The article analyzes the procedural bases of state and municipal control expounded in the Law. The focus of these bases is on preventive measures.

Case Analysis: The Gabčíkovo-Nagymaros Case Seen in Particular From the Perspective of the Law of International Watercourses and the Protection of the Environment

1998 ◽  
Vol 11 (2) ◽  
pp. 287-320 ◽  
Author(s):  
Johan G. Lammers
Keyword(s):  
International Law ◽  
Critical Analysis ◽  
Case Analysis ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Rules And Principles ◽  
The Subject ◽  
State Succession ◽  
The Law

The subject-matter of this article is the Judgment of the International Court of Justice in the Gabčíkovo-Nagymaros case. Following an exposition of the relevant facts, it continues with a critical analysis of the Judgment of the Court. In addition to a brief analysis of the issues involving the law of treaties, the law of state responsibility, the law of state succession, and the treaty obligations of Hungary and Slovakia relating to the use of Danube water and the protection of its environment, it focuses on the rules and principles of general international law concerning the use of international watercourses and the protection of the environment that were applied by the Court in this case.

Teaching corporate governance

Legal Studies ◽  
1999 ◽  
Vol 19 (4) ◽  
pp. 515-525 ◽  
Author(s):  
Brian R Cheffins
Keyword(s):  
Corporate Governance ◽  
United Kingdom ◽  
Academic Discipline ◽  
Law Students ◽  
The United Kingdom ◽  
The Subject ◽  
The Law

Corporate governance is ‘hot’ in the United Kingdom and legal academics have written widely on the subject. Still, the topic has been virtually ignored as an academic discipline for law students. This article argues that corporate governance is a subject which should be included in the law curriculum and describes how a course dealing with the topic might be structured.

General Provisions on the Development of Regional Programs for Ensuring Safety of Hydraulic Structures

2020 ◽  
pp. 51-55
Author(s):  
F.V. Matveenkov ◽  
◽  
P.S. Kanygin ◽  
O.M. Shchurskiy ◽  
V.I. Pimenov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Water Bodies ◽  
Hydraulic Structures ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Ownership Rights ◽  
Article 5 ◽  
Regional Programs

Ensuring safety on the territory of the subject of the Russian Federation is a key aspect, including implementation of measures to ensure safety of the technogenic environment, which includes hydraulic structures, as well as hydraulic structures that do not have an owner or the owner of which is unknown or whose ownership rights were refused (ownerless hydraulic structures). Development and implementation of preventive measures to ensure safety of the technogenic environment contribute to the prevention of emergencies and the development of an algorithm for eliminating their consequences. Article 5 of Federal law № 117-FZ of July 21, 1997 «On safety of hydraulic structures» establishes the powers of the executive authorities of the subjects of the Russian Federation in the field of safety of hydraulic structures, one of which is the authority to develop and implement regional programs to ensure safety of hydraulic structures, including ownerless hydraulic structures. Despite the twenty third year period of validity for this federal law, most subjects of the Russian Federation do not have regional programs of ensuring safety of hydraulic structures, including ownerless hydraulic structures (for ownerless hydraulic structures, such a norm was introduced in 2013). In this case, the executive authorities of the subjects of the Russian Federation refer to the norm of p. 4 of Art. 25 of the Water Code of the Russian Federation, in accordance with which the programs of the subjects of the Russian Federation for the use and protection of water bodies or their parts located on the territories of the subjects of the Russian Federation were developed, approved and are being implemented. The absence in the subject of the Russian Federation of an approved regional program for ensuring safety of hydraulic structures creates the risk of occurrence of an emergency.

scholarly journals Examining the concept of de facto director in corporate governance

2016 ◽  
Vol 12 (2) ◽  
pp. 12-21 ◽  
Author(s):  
Anthony O. Nwafor
Keyword(s):  
Corporate Governance ◽  
Human Person ◽  
Corporate Body ◽  
The Subject ◽  
Judicial Authority ◽  
The Law ◽  
Corporate Director ◽  
And Control ◽  
Difficult Part

There are different categories of persons involved in the execution of the company’s affairs, but not all have the capacity to bind the company as the embodiment of the company itself. Those who exercise acts of management and control over the company’s business are usually referred to as the directors. Where persons who satisfy the statutorily prescribed qualification standard are duly appointed by the shareholders to exercise control and manage the affairs of the company function in that capacity, they are usually identified as de jure directors. But where there is no such appointment, or irregular appointment, the law demands, for the protection of those dealing with the company, that the role performed by the person be examined to ascertain whether such a person is a de facto director. The more difficult part lies in identifying a de facto director where the subject company has a corporate body as its director. The extant judicial authority suggests that the human person in the corporate director must be performing functions which are beyond the natural call of duty in relation to the corporate director to constitute a de facto director of the subject company. The paper argues that the standard is satisfied in any case where the human person is involved in the initiation and execution of the affairs of the subject company, and more so where the conducts of the subject company are patently unlawful.

scholarly journals Improbidade Administrativa: Imprescritibilidade da Ação de Ressarcimento

2020 ◽  
Vol 20 (1) ◽  
pp. 22-24
Author(s):  
Ricardo Da Silva ◽  
Rodolfo Mota da Silva
Keyword(s):  
Supreme Court ◽  
Public Administration ◽  
Administrative Law ◽  
Special Focus ◽  
High Court ◽  
The Subject ◽  
The Law

O presente trabalho tem como escopo central trazer à lustre os aspectos relevantes da improbidade administrativa, perpassando, para tanto, dentro da conceituação basilar da boa conduta na administração pública, bem como analisando os danos causados pela corrupção, passando por fim, à análise dos consectários da conduta proba, ramo tão extenso e rico do direito administrativo, dentre as ramificações da probidade, haverá enfoco especial na imprescritibilidade da ação de ressarcimento, a qual será devidamente apresentado, conceituado, discutido e, por fim, será apresentado como os tribunais superiores vêm entendendo a matéria, para que assim haja um crescimento intelectual e doutrinário acerca do tão complexo e atraente tema. Ter-se-á como legislação basilar a Lei de Improbidade Administrativa Lei no 8.429/1992, tal como entendimentos doutrinários, os quais serão, sempre que cabível, extraídos da Carta Magna de 1988, para então encontrar o ponto de consenso sobre o tema. Palavras-chave: Improbidade Administrativa. Corrupção. Prescritibilidade. Ação de ressarcimento. AbstractThe presente work has as its central goal to bring the light of a relevant aspects of administrative improbity, going through the base conceptuazation of good conduct in public administration, as well as analyzing the damage caused by corruption, and finally to the analysis of the consequences of honest conduct so extensive and rich branch of administrative law, among the branches of probity there will be a special focus on the imprescritibility of the compensation action, which will be duly presented, conceptualized, discussed and, finally, it will be presented how the high Court and Supreme Court have understood the matter, so that there will be an intelectual and doctrinal growth on the complex and attactive subject. As a basic legislation, the Law of Administrative Improbity Law no 8.429/1992 and some doctri-nal understandings will be drawn, where appropriate, from the Constitution of 1988, to find the point of consensus on the subject. Keywords: Administrative Improbity. Corruption. Imprescriptibility. Action for compensation.

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