Out-of-Competition Granting of Subsidies to Budgetary Institutions as a Violation of Antimonopoly Legislation (Problems of Law Enforcement Practice)

2021 ◽  
pp. 68-74
Author(s):  
S. I. Nikitin ◽  
I. N. Gritchin ◽  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Financial Support ◽  
Negative Impact ◽  
The State ◽  
Budgetary Institutions ◽  
State Authority ◽  
Provision Of Services ◽  
Preferential Position ◽  
Government Body

The problem of allocation by state authorities (local self-government bodies) of subsidies to state (municipal) institutions as financial support for the performance of state (municipal) tasks for the performance of works (provision of services) that are the authority of a state authority (local self-government body) is considered. It is noted that the possibility of granting such subsidies in accordance with the rules of budget legislation does not in itself mean that the relevant actions cannot have a real or potential negative impact on the state of competition. It is established that subsidization of budgetary institutions for the performance of works (services) that are state (municipal) needs, without conducting competitive procedures, entails unjustifiably granting a preferential position to the relevant institutions over other economic entities.

scholarly journals FINANCING THE SOCIAL SERVICES OF UKRAINE AT THE PRESENT STAGE IN THE CONTEXT OF BALANCED DEVELOPMENT OF THE TERRITORIES

2022 ◽  
Vol 4 (28) ◽  
pp. 67-74
Author(s):  
Vadym Polischuk
Keyword(s):  
Social Security ◽  
Social Services ◽  
Financial Support ◽  
Social Protection ◽  
Negative Impact ◽  
The State ◽  
Protection System ◽  
Social Sphere ◽  
The Social ◽  
State And Local

Annotation. Introduction. The article investigates the main problems in the field of social protection of the population in Ukraine that require an immediate solution. The theoretical approach to the financial support of the social sphere is considered. The reasons for the negative impact on the implementation of budget policy in the social protection system are investigated. The financing of social protection and social security, health and education from state and local budgets of Ukraine is analyzed. Changes in the system of social protection through the transformation of financing of the social protection system are determined. The purpose of the article. It is worth exploring the financial support of social services in Ukraine in recent years. It is also worth offering possible ways to counteract the underfunding of the social sphere from the budgets of different levels. Results. Formation of national social security in the system of public finance management should be carried out on the basis of the system of fiscal norms and to be focused; to ensure effective forms of supporting various social groups that require social protection; transition to cash provision of welfare; Personal assistance to the state is included in income of individuals and families. Taking into account that wages are still the main source of income in Ukraine, it is necessary to increase its share in income, paying special attention to minimal hourly remuneration. Conclusions. The main reason for the negative impact on the implementation of fiscal policy in the social security system is mainly reflected in the implementation of the budget expenditures approved by the state. In addition, during the research process, we have found that in the state budget of Ukraine, social security expenditures and social insurance funds have increased more than doubled over the past five years, indicating the lack of funds in this area.

The Improvement of Scientific Approaches to Bases for Classification of Civil Procedure Law Principles

2020 ◽  
Vol 10 ◽  
pp. 3-7
Author(s):  
Ivan S. Klabukov ◽  
Keyword(s):  
Law Enforcement ◽  
Critical Analysis ◽  
Civil Procedure ◽  
Public Authorities ◽  
Legal Literature ◽  
Civil Proceedings ◽  
State Authority ◽  
Government Body ◽  
New Criterion

Аmong the current unsolved problems of the science of civil procedure law is the question of finding optimal criteria for classifying the principles of civil procedure law. The need to study this issue is due to the fact that in the science of civil procedure law, the most developed classical bases for the classification of principles. At the same time, law enforcement practice shows that participation in civil proceedings of public authorities and local self-government bodies modifies the essence of sectoral principles of civil procedure law. In this regard, the author gives a critical analysis of the principles of civil procedure law based on the existing legal literature and justifies the need to introduce a new criterion for the classification of principles, taking into account the participation of a special subject of civil procedural relations — a state authority or a local self-government body.

scholarly journals PENGUATAN MANIFESTASI NILAI KEADILAN PANCASILA DALAM PENEGAKAN HUKUM DI ERA KONTEMPORER

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Celina Tri Siwi Kristiyanti
Keyword(s):  
Law Enforcement ◽  
Welfare State ◽  
Research Method ◽  
Negative Impact ◽  
Positive Impact ◽  
The State ◽  
Philosophical Approach ◽  
State Welfare

Rise of globalization has a positive impact but also has a negative impact on all sectors, particularly law enforcement in Indonesia. Law enforcement practice continues without an adequate basis resulting in injustice. Efforts are needed as preventive and curative measures That is Pancasila Justice manifestation strengthening law enforcement in the contemporary era. That is normative research method with a philosophical approach, approach to the concept and approach to the case. Results obtained that law enforcement must prioritize the implementation of the noble values of Pancasila which leads to the achievement of equitable realization of the state (welfare state).Keywords : Pancasila Justice, Law Enforcement, Contemporary Era.INTISARIDerasnya arus globalisasi memiliki dampak positif namun juga memiliki dampak negatif terhadap semua sektor, khususnya penegakan hukum di Indonesia. Praktik penegakan hukum juga terus berlangsung tanpa landasan yang memadai sehingga mengakibatkan ketidakadilan. Maka diperlukan upaya sebagai langkah preventif dan kuratif yakni penguatan manifestasi Keadilan Pancasila dalam penegakan hukum di era kontemporer. Metode penelitian yakni yuridis normatif dengan pendekatan filosofis, pendekatan konsep dan pendekatan kasus. Hasil yang diperoleh bahwa penegakan hukum harus mengedepankan pelaksanaan nilai-nilai luhur Pancasila yang bermuara pada pencapaian terwujudnya negara berkeadilan (welfare state).Kata Kunci : Keadilan Pancasila, Penegakan Hukum, Era Kontemporer.1 Korespondensi

scholarly journals PROBLEMS OF FINANCING OF AGRICULTURAL EXTENSION ACTIVITIES IN UKRAINE

2021 ◽  
pp. 68-85
Author(s):  
Nataliia POKHYLENKO ◽  
Roman KORINETS
Keyword(s):  
Low Income ◽  
Financial Support ◽  
Agricultural Sector ◽  
Negative Impact ◽  
Agricultural Extension ◽  
The State ◽  
State Budget ◽  
Extension Services ◽  
State Financing ◽  
State Programs

The article analyzes the current state of financial support for socially oriented extension services in Ukraine in order to identify the obstacles to stability and regularity of its implementation. It has been established on the basis of statistical data, that the financing of such activities from the state budget has a downward trend. Its volumes are tens of thousands of times less than similar budgetary expenditures in post-socialist countries that are currently EU members. The results of a survey of representatives of consulting services showed that the reason for the low activity of the registered agricultural extension services in the implementation of state programs to support agricultural producers and, accordingly, the incomplete development of the allocated funds are the scarcity, unpredictability and instability of state support for agricultural extension activities, the weakness of the coherence between themselves of the state programs, aimed at the development of the agricultural sector of economy. There is also a lack of understanding of the importance of agricultural extension by local government representatives. It is proved that conservatism in the introduction of innovations by owners of small farms, low level of awareness of agricultural extension, significant distance of advisory centers from potential customers, low income of the rural population minimize their ability to pay for commercial advisory services. It is established that financial and organizational difficulties have a significant negative impact on the psychological aspects of counseling. Advisors declare a lack of faith in their own strength. The results of the study allow us to assert that the formation of stable, simple and clear rules for long term state financing of agricultural extension activities and the absolute abidance of such rules by state institutions will help to increase the sustainability of financial support for agricultural extension activities in Ukraine.

scholarly journals Pembangunan Pertahanan dan Keamanan Demi Penegakan Hukum di Indonesia: Kewibawaan Suatu Negara (Development of defence and security for law enforcement In indonesia: a state authority)

2016 ◽  
Vol 16 (2) ◽  
pp. 187 ◽  
Author(s):  
Ahmad Jazuli
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
The State ◽  
Investment Climate ◽  
Crime Trends ◽  
The Public ◽  
Indonesian Archipelago ◽  
Challenging Tasks ◽  
State Authority ◽  
Fixed Order

Development of defense and security is primarily intended to uphold the country’s sovereignty, maintain the integrity of the Unitary Republic of Indonesia, to maintain the safety of the entire nation of military and non-military threats, improve security and comfort as collateral conducive investment climate, as well as the fixed order and the rule of law in society. The condition of the vast Indonesian territory (land and water), the number of people a lot and the value of national assets should be secured to make challenging tasks and responsibilities of the field of defense and security is extremely heavy in law enforcement. Law enforcement is a state authority that must be created so that the country does not collapse. It is necessary for law enforcement accountable to the public, the nation and the state in order to maintain the security and sovereignty of the country. This reseach to know and analysis development of defense and security, the implication of law enforcement, and solution to resolve it. With normative juridical approach methode that is descriptive analysis through the study doctrinal law against legislation relating to security and sovereignty of the state in Indonesia, it was concluded that the development of defense and security matters turned out well aligned in terms of law enforcement caused by: violations borders and lawlessness in the Indonesian jurisdiction; security and safety of navigation in sea lanes of the Indonesian archipelago; terrorism; serious crime trends are increasing; abuse and drug trafficking; the state of information security is still weak; as well as early detection is inadequate.Keywords: Development of Defense and SecurityABSTRAKPembangunan pertahanan dan keamanan terutama ditujukan untuk menegakkan kedaulatan negara, menjaga keutuhan wilayah Negara Kesatuan Republik Indonesia, menjaga keselamatan segenap bangsa dari ancaman militer dan nonmiliter, meningkatkan rasa aman dan nyaman sebagai jaminan kondusifnya iklim investasi, serta tetap tertib dan tegaknya hukum di masyarakat. Kondisi wilayah Indonesia yang sangat luas (daratan maupun perairan), jumlah penduduk yang banyak dan nilai kekayaan nasional yang harus dijamin keamanannya menjadikan tantangan tugas dan tanggung jawab bidang pertahanan dan keamanan menjadi sangat berat dalam penegakan hukumnya. Penegakan hukum merupakan kewibawaan suatu negara yang harus diciptakan agar negara tersebut tidak runtuh. Untuk itu diperlukan penegakan hukum yang dapat dipertanggungjawabkan kepada publik, bangsa dan negara dalam rangka menjaga keamanan dan kedaulatan negara. Tujuan penelitian ini untuk mengetahui dan menganalisis pembangunan pertahanan dan keamanan negara, implikasinya terhadap penegakan hukum dan bagaimana solusi untuk mengatasi penegakan hukumnya.Dengan metode pendekatan yuridis normatif yang bersifat deskriptif analisis melalui pengkajian hukum doktrinal terhadap peraturan perundang-undangan yang berkaitan dengan keamanan dan kedaulatan negara di Indonesia, maka kesimpulannya adalah bahwa pembangunan bidang pertahanan dan keamanan ternyata memiliki keterkaitan yang erat dalam hal penegakan hukum yang disebabkan oleh: terjadinya pelanggaran batas wilayah dan pelanggaran hukum di wilayah yurisdiksi Indonesia; keamanan dan keselamatan pelayaran di Alur Laut kepulauan Indonesia; terorisme; tren kejahatan serius yang semakin meningkat; penyalahgunaan dan peredaran narkoba; keamanan informasi negara yang masih lemah; serta deteksi dini yang belum memadai.Kata Kunci: Pembangunan Pertahanan dan Keamanan

Prospects of interaction of police and people’s guards in the region: experience of sociological analysis

2021 ◽  
Vol 96 (3) ◽  
pp. 96-111
Author(s):  
Ye. A. Kleymenov ◽  
◽  
Ye. V. Chepikov ◽  
Keyword(s):  
Law Enforcement ◽  
Financial Support ◽  
The Other ◽  
Sociological Analysis ◽  
Power Structures ◽  
Budgetary Institutions ◽  
Legal Security ◽  
The One

Based on the results of quantitative and qualitative sociological surveys, the article outlines the prospects for interaction between the police and people's guards in the Khabarovsk territory. On the one hand, the estimates of increase in the number and effectiveness of these law enforcement associations are shown, on the other, the directions for improving their activities in the region are given. The study showed that the main measures to optimize interaction of the people's guards with the police should be aimed at increasing the motivation and involvement of different segments of the population in the work of people's guards. The key areas of such work should be information and explanatory work in relation to the volunteers and volunteers with the active civic position, youth, primarily students, pensioners of power structures, employees of budgetary institutions and organizations, an increase in the level of material incentives for vigilantes and financial support of the people's guards, improvement of legal security of vigilantes, as well as changes in the ideological and motivational aspects of their activities.

scholarly journals Content analysis of the official documents on the turnover of counterfeit medicines in Ukraine in 2017–2020

2021 ◽  
pp. 3-15
Author(s):  
С. О. Лебедь ◽  
А. С. Немченко
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Negative Impact ◽  
The State ◽  
Counterfeit Drugs ◽  
Law Enforcement Agencies ◽  
Counterfeit Medicines ◽  
Medicines Information ◽  
State Supervision ◽  
Effective Exchange

The purpose of the work was to conduct a content analysis of the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines and the information messages of law enforcement agencies in 2017–2020. The object of the study was the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, information messages of law enforcement agencies to identify the facts of clandestine production and counterfeiting, publications on the problems of it’s distribution. The study used the methods of content analysis, systematization and generalization. Тo prevent the circulation of counterfeit medicines in the countries of the world, various methods of countering counterfeiting are being introduced, however, only in Ukraine was the restriction of measures of state supervision (control) in the pharmaceutical sector introduced as an element of deregulation. In connection with this, it was investigated how such restrictions, which were introduced three times, has influenced the identification and distribution of counterfeit medicines. For the study, a methodology for content analysis of official documents on the circulation of counterfeit medicines in the country for 2017–2020 has been proposed. In most of the orders of the State Medicines Service, revealed signs of drug falsification were introduced, which related to the labeling of packages. The imposition of a moratorium on planned measures of state supervision had a negative impact on the work of quality control bodies of medicines to identify counterfeits. In 2010–2014 (before the introduction of the first moratorium) the State Medicines Service issued 326 orders prohibiting the circulation of counterfeit medicines, but after the introduction of the moratorium, the number of orders for 6 years decreased significantly – to 118. So, in 2020, the State Medicines Service issued only 4 orders to prohibit the circulation of counterfeit drugs (for comparisons in 2017 – 18), although law enforcement officers revealed 6 facts of clandestine production and counterfeit. According to the results of the study, it was established that it was necessary to unify and standardize the management documents of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, and also indicated the feasibility of introducing «field screening» of the often counterfeited medicines, to establish the real part of counterfeit medicines. Information messages from law enforcement agencies should not be limited only to the facts of revealing clandestine proceedings, but also should contain the results of court decisions on these facts. It is advisable to intensify interaction with regulatory authorities in other countries for a more effective exchange of information on detected of counterfeit medicines.

scholarly journals CONCEPTUAL FOUNDATIONS OF FINANCIAL SUPPORT FOR INCREASING THE INNOVATIVE COMPONENT OF UKRAINE’S INTERNATIONAL COMPETITIVENESS

2021 ◽  
Vol 1 (36) ◽  
pp. 341-350
Author(s):  
O. Bogatyrov ◽  
О. Baula ◽  
О. Liutak ◽  
N. Galaziuk
Keyword(s):  
Private Sector ◽  
Information And Communication Technologies ◽  
Strategic Alliances ◽  
Financial Support ◽  
Negative Impact ◽  
International Competitiveness ◽  
Developed Countries ◽  
The State ◽  
Creative Economy ◽  
The Government

The article describes the dynamics of Ukraine’s position in the Global Innovation Index for 2015—2019. It is revealed that the domestic economy has a high educational and scientific potential, is able to produce various innovations in the form of ideas, scientific developments, patents; the bottlenecks of Ukraine in the state of innovative development are the state of cluster development, the share of foreign direct investment in GDP, the online service of the government, the use of information and communication technologies, the availability of joint agreements on strategic alliances, the state of domestic lending to the private sector, the export of goods of the creative economy, the volume of microfinance loans, the presence of firms offering formal training, the state of cooperation between universities and production, agreements with venture capital. It is proved that the problem of improving the financial mechanism for ensuring innovation processes in the economic system of Ukraine requires a priority solution. Developments on increasing the innovative component of increasing Ukraine’s international competitiveness are impossible without adequate financial support. The article examines the foreign experience of state support for innovation activities. It is revealed that in developed countries — the world’s leading innovation leaders, public policy provides for direct funding of scientific research and through tax measures encourages private sector R&D spending. The concept of financial support for increasing the innovative component of Ukraine’s international competitiveness, which should be implemented at the strategic, tactical and operational levels, is proposed. To ensure a sustainable level of international competitiveness of the country through increasing the innovation component, it is important to implement a system of measures to monitor threats even at the stage of their origin and prevent the spread of their negative impact. Therefore, the methods and tools for implementing the proposed concept contain components of threat prevention: economic (tax incentives; transfers ;direct budget investments; grants; concessional lending; cooperation with foreign institutions, etc.), organizational (development of innovative infrastructure; consulting assistance; personnel support; creation of clusters using the potential of education, business, government, public; creation of regional clusters with innovation and industry production, etc.), institutional (techno parks, business incubators, analytical centres, etc.), regulatory (strategies, concepts, plans, programs) and social levers (conducting business trainings, implementing joint social projects, etc.).

ANALYSIS OF MEASURES TO REDUCE ECOLOGICAL AND ECONOMIC DAMAGE FROM AUTOMOBILE TRANSPORT

2020 ◽  
Author(s):  
V.N. Kurdyukov ◽  
◽  
T.V. Lebedeva ◽  
Keyword(s):  
Resource Allocation ◽  
Negative Impact ◽  
The State ◽  
Point Of View ◽  
Motor Vehicles ◽  
Economic Damage ◽  
Agriculture Education

The article considers common classifications of measures to reduce environmentaleconomic damage from motor vehicles. Classification from the point of view of control impact is proposed, which allows to take into account relations between the state and citizens in the field of reduction of negative impact of motor vehicles on the environment. The analysis of the classification made it possible to identify areas of activity for improving the efficiency of management impacts, taking into account the incentives of citizens to comply with the requirements of the legislation and to create conditions for their exceeding. Increasing the efficiency of resource allocation in the Territory will allow the released funds to be allocated to the development of industry, agriculture, education and science.

European and Ukrainian experience in financial support to farming activities through fiscal instruments

2020 ◽  
Vol 23 (9) ◽  
pp. 1040-1063
Author(s):  
E.A. Nepochatenko ◽  
E.T. Prokopchuk ◽  
B.S. Guzar
Keyword(s):  
Agricultural Production ◽  
Financial Incentives ◽  
Financial Support ◽  
Financial Regulation ◽  
Negative Impact ◽  
Developed Countries ◽  
European Countries ◽  
Main Task ◽  
Statistical Research ◽  
Tax Regimes

Subject. The article considers financial regulation through the use of tax mechanisms. Objectives. The aim of the study is to evaluate European and Ukrainian practices of fiscal incentives for farming through fiscal instruments with VAT playing the key role. Methods. In the study we employed economic and statistical research methods, like monographic, comparison, scientific generalization. Results. Based on the analysis of VAT implementation on farmers in developed countries in Europe we substantiated the conclusion about its focus on simplifying the tax procedures and eliminating the negative impact on operations of economic entities. Special tax treatment (including VAT collection) is mainly used to streamline tax relations, taking into account the specifics of farming, rather than to improve the financial support to farms. We revealed that in the Ukrainian practice its main task is financial support to agricultural production. Conclusions and Relevance. The experience of developed European countries on the use of special tax regimes and taxation procedures should serve as a model for Ukraine. Financial incentives for agricultural production development should be directly supported by the State, and special tax treatment and tax administration should be focused on streamlining tax relations in the region, based on the practice of developed European countries such as UK, Germany, Italy and France.

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