scholarly journals Good and transparent management of state-owned companies – reality or utopia?

2020 ◽  
Vol 7 (1) ◽  
pp. 39-52
Author(s):  
Janez Balantič
Keyword(s):  
Corporate Governance ◽  
Local Community ◽  
The State ◽  
Public Companies ◽  
The Public ◽  
Public Property ◽  
Supervisory Boards ◽  
The Republic ◽  
Poor Management ◽  
Considerable Damage

Certain tasks in the Republic of Slovenia are in the domain of the state or local community. In order to carry out these tasks, state-owned or public companies have been established.The management of such companies is not always good and transparent, and as a result, it often leads to considerable damage to public property. Such situations are mostly caused by poor management by the management boards, and rarely by poor and inadequate control by the supervisory boards. They are also the result of poor and inadequate communication between the management and supervisory boards. Unfortunately, poor governance does not occur in isolated cases and the mismanagement of such companies is often only introduced to the public through affairs that are presented in the media.There are, however, also some positive exceptions with good and transparent corporate governance that bring profits to the shareholders and, consequently, lower the prices of individual services for citizens.

scholarly journals METHODS AND WAYS OF ASSESSMENT OF LOSSES FROM CORRUPTION THEFT IN PUBLIC SECTOR OF ECONOMY

2019 ◽  
pp. 131-141 ◽  
Author(s):  
Sergei Aleksandrovich Konovalenko ◽  
Georgy Ismaylovich Harada ◽  
Nazirkhan Gadzhievich Gadzhiev
Keyword(s):  
Public Sector ◽  
Political Development ◽  
Negative Impact ◽  
The State ◽  
Public Funds ◽  
Public Companies ◽  
Financial Flows ◽  
The Public ◽  
Goods And Services ◽  
The Government

Implementation of the decisions made in the course of management of economic and socio-political development of the state causes the adequate financial flows forming the budgetary sphere of the state. The trouble in this sphere does not allow to provide the necessary level of economic growth, hampers reforming of the economy, makes negative impact on commercial and foreign economic activity, interferes with improvement of monetary and credit, tax, insurance and other spheres of the financial system of the Russian Federation. The offenses connected with corruption and theft of budget funds committed by officials at various levels significantly undermine the authority of the government, cause a growth of discontent of society and impact the social and economic situation in the country. The practice of identifying the offenses connected with theft of public funds and property shows that practically all spheres of the public sector of economy are, to a greater or lesser extent, subject to the risks of such crimes commitment. In this regard, a research of methods and ways of assessment of corruption theft amount in the public sector of the economy is an important and hot topic. The main types of public funds theft have been analyzed, including theft of budget funds allocated in the form of grants for targeted measures; theft by overcharging the prices of goods and services used for the state needs; the acquisition of inventory for personal use of the heads of public companies at the expense of the company, etc. The dynamics of the amount of budget crimes in the Ryazan region has been analyzed. It was inferred that corruption crimes in the public sector of the Ryazan region include fraud, abuse of power, abuse of authority, illegal participation in business, as well as taking bribes. A set of measures for preventing the above crimes has been proposed.

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 Mechanisms of corporate governance and performance: analysis of public companies listed in BM&FBovespa

2017 ◽  
Vol 16 (3) ◽  
pp. 1161-1184
Author(s):  
Josimar Pires Da Silva ◽  
Mariana Pereira Bonfim ◽  
Rafael Martins Noriller ◽  
Carlos Vicente Berner
Keyword(s):  
Corporate Governance ◽  
Performance Analysis ◽  
Financial Statements ◽  
Public Companies ◽  
The Public ◽  
Corporate Governance Mechanisms ◽  
The Government ◽  
And Performance ◽  
Future Reference

AbstractThe objective of this research is to verify the level of relationship between the mechanisms of corporate governance and the performance of the companies of the public subsector, listed on BM&FBovespa. The research was based on the financial statements from 2010 to 2014, obtained on the BM&FBovespa website, resulting in a sample of 63 companies with 315 observations. In order to calculate the performance proxy of the company, the ROA was used, and for the calculation of the proxies of the corporate governance mechanisms were used for the quality of the audit, the concentration of ownership in common shares and preferred shares, participation in the levels of governance of BM&FBovespa, number of shares held by the government and number of directors in the Board, adapted from the Mollah and Zaman (2015) survey. Convergence with national and international research, the findings of the study showed that such variables as quality of profit, concentration of ownership in preferred shares, participation in governance levels and size of the Board are positively related to the performance of the company; already a concentration of ownership in common shares and number of shares held by the government are negatively related to performance. For future reference, it is recommended to expand other sectors of the market as well as to use other mechanisms of corporate governance, presented in the literature.Keywords: Corporate Governance. Performance. Public Subsector.Mecanismos de governança corporativa e desempenho: análise das companhias do subsetor de utilidade pública listadas na BM&FBovespa Resumo O objetivo da pesquisa foi o de verificar o nível de relação entre os mecanismos de governança corporativa e o desempenho das empresas do subsetor de utilidade pública, listadas na BM&FBovespa. A pesquisa teve como base os dados das demonstrações financeiras de 2010 a 2014, obtidas no sítio eletrônico da BM&FBovespa, resultando assim, em uma amostra de 63 empresas, com 315 observações. Para o cálculo da proxy de desempenho da empresa foi utilizado o ROA, e para o cálculo das proxies dos mecanismos de governança corporativa foram utilizadas a qualidade da auditoria, concentração de propriedade em ações ordinárias e em ações preferenciais, participação nos níveis de governança da BM&FBovespa, número de ações mantidas pelo governo e número de diretores no Conselho, adaptado da pesquisa de Mollah e Zaman (2015). Convergente com pesquisas nacionais e internacionais, os achados desse estudo evidenciaram que as variáveis qualidade do lucro, concentração de propriedade em ações preferenciais, participação nos níveis de governança e tamanho do Conselho são positivamente relacionados com o desempenho da empresa; já a concentração de propriedade em ações ordinárias e o número de ações mantidas pelo governo são negativamente relacionadas com o desempenho. Para pesquisas futuras, recomenda-se ampliar a outros setores do mercado bem como utilizar outros mecanismos de governança corporativa, presentes na literatura.Palavras-chave: Governança Corporativa. Desempenho. Utilidade Pública.

scholarly journals Religion and modernity in a secular city: A public theology of différance

2011 ◽  
Vol 67 (3) ◽  
Author(s):  
Johann-Albrecht Meylahn
Keyword(s):  
Common Good ◽  
The State ◽  
Religious Fundamentalism ◽  
Modern State ◽  
The Public ◽  
Religion And Modernity ◽  
Divine Violence ◽  
The Republic ◽  
Legitimate Violence ◽  
Good And Evil

Seeking the good often authorises and legitimises certain forms of violence: violence that defines the state (Benjamin’s law-founding violence) by the exclusion of others and the violence that coerces or binds (religare) the public into a common understanding of the good at the exclusion of other interpretations of that good (Benjamin’s law-maintaining violence). The secular modern state has never been without religion functioning as religare. The modern state, often seen as a peacemaker, is founded on these two forms of ‘legitimate’ violence against what is other or different, just as the peace, prosperity and good of the state is sought through the elimination of the different and a unification of the state under the banner of a ‘common’ good. This ‘legitimate’ violence will always produce the counter-violence of difference (i.e. excluded others) seeking a legitimate place within the common space of the republic (Benjamin’s divine violence). With the rise of religious fundamentalism, institutionalised religion has been allowed to return to the public debate. Is the call for this return one that further sanctions legitimate violence by eating and sharing the fruit of knowledge of good and evil? Is the call the church is hearing one that seeks to clarify and clearly define the good that will bind us (religare) into a stronger and more prosperous and peaceful city – onward Christian soldiers marching as to war? Or is there another calling, one that requires us to be Disciples of Christ – with the Cross of Jesus going on before – entering the space of violence beyond the knowledge of good and evil as peacemakers? In this article, I sought to understand this ‘peacemaking’ space by bringing into dialogue Žižek’s interpretation of Christianity with Derrida’s interpretation of hospitality.

scholarly journals Granice władztwa planistycznego przy uchwalaniu miejscowego planu zagospodarowania przestrzennego

2019 ◽  
pp. 9-26
Author(s):  
Sławomir Zwolak
Keyword(s):  
Local Community ◽  
Land Development ◽  
Management Plan ◽  
Individual Property ◽  
The Public ◽  
Property Owners ◽  
Potential Abuse ◽  
The Republic ◽  
Planning Authority

The considerations of the article focus on the planning power exercised by a municipality as a unilateral and authoritative determination of the purpose of the land and its development. The municipality in the capacity of a planning au­thority cannot assume an absolute and unlimited power and must act within the limits determined by applicable and binding laws. Hence, in the implementation of its land development tasks, the municipality (or local authorities) are bound by the provisions of the Constitution of the Republic of Poland and other relevant laws that govern the planning authority granted to municipalities. Exceeding the limits of this planning power will occur when planning solutions prove to be arbitrary and lack substantive justification. Defective legal solutions include not only solutions that violate the law, but also those that result from a potential abuse of the competence of the municipality. Determining the land purpose and the manner of its management must reflect a reasonable and real need for the solution adopted. When the latter is detached from the legal and factual status of the land in question, a violation of planning power arises. When a municipality adopts a local plan which introduces certain restrictions in the use of the property right that is protected in the Constitution, it is obliged to apply legal measures that will be the least onerous for individual entities and which will remain in a rational proportion to the intended purposes. However, certain situations that will lead to the conflict of interests are unavoidable. Settling these conflicts in the process of law-making requires, each time, the weighing off the interests of individual property owners and the public interest of the whole local community. Individual owners may sue the municipal planning authority on the grounds of the abuse of its planning power when adopting a local land management plan and such legal actions may be effective.

scholarly journals Digitization of sale of the confiscated customs goods in customs service of the Republic of Serbia

2020 ◽  
Vol 17 (2) ◽  
pp. 165-178
Author(s):  
Đurica Nikolić ◽  
Radmilo Jović
Keyword(s):  
Data Processing ◽  
The State ◽  
Lower Price ◽  
Electronic Data Processing ◽  
The Internet ◽  
Electronic Data ◽  
The Public ◽  
The Republic ◽  
Internet Development ◽  
Starting Price

The confiscated customs goods and the goods that were taken out for the benefit of the state are sold by the customs offices in accordance with the Customs Law and the Decree on customs clearance of goods. The manner of sale of customs goods by the customs offices has not changed for decades and is done exclusively through public sale, that is, at public bid-dings held in customs offices throughout the Republic of Serbia. Sale of customs goods through auction, i.e. public sales in the customs offices are confronted with certain problems including the following: the lack of training of customs officers to conduct bids, inexperience of customs officers in the way of bid management, the negotiation of the bidders regarding the bidding of goods in order to avoid buying at the first bids and wait for the purchase of goods through a direct contract, where the starting price is significantly lower; the existence of organized groups that by their participation in bids do not allow other participants to take part in public bidding. The problems identified in the public sale of customs goods have resulted in a lower payment of funds into the budget due to the purchase of goods and vehicles at significantly lower price. The sale of the confiscated goods and vehicles that would be organized via the Internet is one of the possibilities that can significantly reduce problems when selling customs goods and vehicles in the era of digitization, Internet development t and electronic data processing. Selling goods via the Internet can contribute to faster and more efficient sale of customs goods and vehicles, generating higher revenues from the sale of the confiscated goods, allowing more bidders to participate in bids, the persons participating in bids are known only to customs authorities, but not to other participants.. At the same time, the sale of goods via the Internet would contribute to the modernization of the customs service as a whole.

scholarly journals Assessment of public participation in local planning & decision-making. A case study from Albania

2019 ◽  
Vol 9 (2) ◽  
pp. 84-94
Author(s):  
Mirjam Dibra ◽  
Dea Strica
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Local Community ◽  
Local Planning ◽  
The Public ◽  
Local Decision ◽  
Decision Making Processes ◽  
Planning Decision ◽  
The Republic ◽  
Local Decision Making

The public participation (PP) is widely legitimised as a vital prerequisite to achieve sustainable development and as a basic principle of democracy. Under the conditions of the new territorial administrative-territorial division of local government units in the Republic of Albania, the Malesia e Madhe (MM) Municipality is a new one. The purpose of this study was the assessment of attitudes of the local community of areas under the administration of MM Municipality on PP in local planning and decision-making in order to influence future behaviours of the local community to take active part in local decision-making processes. The questionnaire was used as a research instrument for the local community of this Municipality. The research results showed that the local community of this area was generally aware of the need for their involvement in local decision-making, but they considered the municipality as the main responsibility for their involvement in this process. Keywords: Albania, local planning & decision-making, Malesia e Madhe Municipality, public participation.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

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