ECONOMIC RELATIONS OF INDEBTEDNESS OF TERRITORIAL SELF-GOVERNMENT UNITS IN POLAND IN THE CONTEXT OF THE CONSTRUCTION OF AN INDIVIDUAL DEBT RATIO

2021 ◽  
Vol 9 (1) ◽  
pp. 15-26
Author(s):  
Vladimir Martyniuk ◽  
Tomasz Wołowiec
Keyword(s):  
Public Finance ◽  
Local Government ◽  
Financial Planning ◽  
Legal Regulation ◽  
Fiscal Year ◽  
Debt Ratio ◽  
Economic Relations ◽  
The Public ◽  
Debt Repayment ◽  
The Right

The new debt limitation rules in force since 2014 (Articles 242-244 of the Public Finance Act have been a significant impediment to local financial planning and management for most local government units (hereinafter: LGUs). During the four years of their implementation many defects and inconveniences in the application of the new standards have emerged and the "crea-tivity" of the local government financial sector has shown that they can be relatively easily cir-cumvented. The construction of the maximum indicator limiting the liabilities of the titles speci-fied by the legislator, falling due in a given year, is closely related to the provisions of the Law of the fiscal year. The essence of this legal regulation is the comparison of two indicators, in-cluded in the formula of equation (formula). A positive condition for the adoption of the budget is to obtain a relationship in which the left side of the formula (annual debt repayment ratio) is less than or equal to the right side (maximum debt repayment ratio).

LAW REGULATION OF CALCULATION OF THE INDIVIDUAL DEBT RATIO OF LOCAL GOVERNMENT UNIT

2020 ◽  
Vol 8 (2) ◽  
pp. 283-292
Author(s):  
Artur Dmowski
Keyword(s):  
Local Government ◽  
Local Authority ◽  
Legal Regulation ◽  
Debt Ratio ◽  
Major Difficulty ◽  
Debt Repayment ◽  
The Individual ◽  
The Right ◽  
First Time ◽  
Law Regulation

The aim of the considerations is focused on the analysis of the law regulation of calculation of the individual debt ratio of local government unit. The new rules governing debt limits were introduced in 2014 (Articles 242-244 of the Act on Public Finance, hereinafter referred to as APF) and immediately became a major difficulty in planning and managing local finances in territorial self-government units. The next four years proved many defects and inconveniences in implementing new norms, while “creativity” of the financial sector of local authority units demonstrated that they were quite easy to evade. The structure of the maximum ratio limiting obligations due to titles specified by the lawmaker, due in a particular year, is closely related to the provisions of APF. For the first time it was used in evaluating the budgets passed for 2014. The essence of this legal regulation consists in comparing two ratios, presented in form of an equation (formula). In order to pass the budget local authorities need to obtain a relation in which the left side of the formula (annual debt repayment ratio) is lower than or equal to the right side (maximum debt repayment ratio) (Act of Public Ginance).

scholarly journals Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati
Keyword(s):  
Legal Regulation ◽  
Conceptual Approach ◽  
Cross Model ◽  
Bilateral Agreements ◽  
Accounts Payable ◽  
Sense Of Security ◽  
Debt Repayment ◽  
The Republic ◽  
The Right ◽  
Court Process

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

PRIORITY MEASURES OF LEGAL REGULATION OF THE SYSTEM OF S TATE AND MUNICIPAL PROCUREMENTS

2020 ◽  
Vol 13 (1) ◽  
pp. 86-94
Author(s):  
I.Yu. Fedorova ◽  
Keyword(s):  
Public Finance ◽  
Management System ◽  
Public Procurement ◽  
Legal Regulation ◽  
Main Attention ◽  
Procurement Process ◽  
The Public ◽  
Finance Management ◽  
Legislative Framework ◽  
Last Stage

The paper considers innovations in the field of legal regulation of public procurement at the last stage of the reform carried out in the public finance management system. The main attention is paid to filling the gaps in the legislative framework of the contract system in the field of procurement through the introduction of more effective instruments in 2018–2019, measures are considered that can increase the efficiency of the procurement process, and the conclusion is drawn about the effect of procurement on the development of individual sectors of the economy.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals BASES OF MODERN INTERNATIONAL TAX LAW

2017 ◽  
pp. 24-27 ◽  
Author(s):  
S. O. Kushu
Keyword(s):  
Current System ◽  
Legal Regulation ◽  
International Taxation ◽  
Tax Law ◽  
Interstate Relations ◽  
Economic Relations ◽  
Legal Principles ◽  
World Economic ◽  
International Tax ◽  
The Right

International tax law is one of the most important components of international taxation, since it contributes to the establishment of universal principles for the collection of taxes in the globalizing system of world economic relations, and also affects the transparency of the borders between national tax jurisdictions. International legal regulation of taxation is designed to solve numerous disputes between different countries of the world, the conflict of national legal systems in a kind of struggle for the right to impose incomes of subjects of international economic relations. In a broad sense, international tax law is understood as a set of international legal principles and norms governing interstate relations in the tax sphere. At the same time, the national taxation systems and the legal principles of their organization in the current system of world economic relations have fairly stable sovereignty. They remain highly autonomous, despite the continuously increasing impact of factors of the external economic and tax environment.

scholarly journals PENGELOLAAN PENGADUAN MASYARAKAT KOTA BEKASI (BEKASI CITY PUBLIC COMPLAINTS MANAGEMENT )

1969 ◽  
Vol 10 (3) ◽  
Author(s):  
Witra Apdhi Yohanitas dan Teguh Henry Prayitno
Keyword(s):  
Local Government ◽  
Public Services ◽  
Good Governance ◽  
Management Model ◽  
The Public ◽  
Government Services ◽  
The Government ◽  
The Right ◽  
The City ◽  
Descriptive Method

One manifestation of good governance is the availability of infrastructure that providing information and take into account of people's expectations, so that it can be used to improvethe performance of government services. Basically, public has the right to use the complaints media if the performance of the government is not in line with public prospects. By giving an example of complaints managements and policiesthat are applied in the city of Bekasi as a benchmark that can be copied or replicated in other agencies. This study utilize exploratory descriptive method that link with regulationin order to explain the complaint in a straightforward and structured. Bekasi city has packed a system of provision of information and public complaints by utilizing technology which is the website and the SMS center. In addition, to support the success of the public services, Bekasi provides clear rules related to the provision of information and public complaints, and organizingtransparency complaint data and simple management. Model that performed by Bekasi Local Government is quite simple, therefore it can be duplicated/ replicated in other local governments.Keywords: complaint management, Bekasi City, website, sms center, community expectationsSalah satu wujud pemerintahan yang baik adalah tersedianya sarana dan prasarana untuk pemberian informasi, mendengar dan memperhatikan harapan masyarakatsehingga dapat menjadi perbaikan pelayanan dan kinerja pemerintah.Masyarakat berhak menggunakan media pengaduan jika kinerja pemerintah tidak sesuai dengan harapannya. Pemberian contoh pola pengaduan yang diterapkan di kota Bekasi dan memberikan beberapa contoh kebijakan yang ditempuh agar pengelolaan pengaduan yang diterapkan dapat berjalan sesuai dengan yang diinginkan diharapkan pengelolaan pengaduan kota Bekasi dapat menjadi pembanding yang dapat dicontoh atau direplikasi instansi lain.Melalui Metode deskriptif eksploratifterhadap peraturan dipilih untuk menjelaskan pengaduan secara lugas dan terstruktur. Kota Bekasi telah mengemas suatu sistem pelayanan penyediaan informasi dan pengaduan masyarakat dengan memanfaatkan sarana teknologi yaitu situs web dan sms center.Selain itu, untuk menunjang keberhasilan pelayanannya, kota Bekasi memberikan aturan yang jelas terkait pemberian informasi dan pengaduan masyarakat, dan melakukan transparansi data pengaduan serta manajemen yang sederhana. Model yang dilakukan cukup sederhana, maka pengelolaan pengaduan yang dilakukan oleh kota Bekasi dapat ditiru/ direplikasi didaerah lain.Kata Kunci: pengelolaan pengaduan, Kota Bekasi, situs web, sms center, harapan masyarakat

scholarly journals STRATEGI KOMUNIKASI TIM GUGUS TUGAS COVID-19 DALAM PELAKSANAAN PEMBATASAN SOSIAL BERSKALA BESAR (PSBB)

2021 ◽  
Vol 3 (2) ◽  
pp. 17-24
Author(s):  
Silmi Salimah ◽  
Reni Nuraeni, Ph.D. ◽  
Rizca Haqqu, M.Ikom.
Keyword(s):  
Local Government ◽  
Data Collection ◽  
Research Method ◽  
Qualitative Method ◽  
Large Scale ◽  
Task Force ◽  
Communication Strategy ◽  
The Public ◽  
The Right ◽  
The City

The purpose of this study was to determine the implementation of the communication strategy carried out by the Head of the Tasikmalaya City Covid-19 Cluster Team in the implementation of Large-Scale Social Restrictions (PSBB). The research method used is a qualitative method with data collection techniques interview, observation and documentation. The results showed that the implementation of the communication strategy carried out by the Task Force Team of the City of Tasikmalaya was in accordance with the indicators of the communication strategy ranging from the communicator determination strategy, message determination strategy, media determination strategy and audience determination strategy. The communication strategy implemented resulted in the fact that the spread of Covid-19 in Tasikmalaya City had decreased due to the implementation of discipline carried out by the apparatus as the Tasikmalaya City Covid-19 Task Force Team and communication that was conveyed to the public with the right strategy. The implementation of the communication strategy that has been carried out by the Task Force Team, the implementation of the report on the results of the Tasikmalaya City discipline presentation is reported directly to the Governor who is charged to Kominfo with the local Government.

To a question on understanding of a principle of action of the right

2014 ◽  
Vol 2 (3) ◽  
pp. 116-127
Author(s):  
Валерий Протасов ◽  
Valeriy Protasov
Keyword(s):  
Mechanism Of Action ◽  
Public Attitudes ◽  
Legal Regulation ◽  
The Public ◽  
Subject And Object ◽  
The Right ◽  
Philosophical Understanding

The author attempts to reveal and describe the principle, the mechanism of action of law and presents the philosophical understanding of concepts "principle", "attitude ("relation"), and "structure". The methodological background of research of the principle of the right is analyzed. The article reveals the features of the public attitudes (relations), the characteristics of a subject and object of legal regulation.

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