scholarly journals Negotiation of Agreements with Government Agencies as an Approach for More Space and Opportunities for the Private Sector: The Features of the Albanian Reality

2017 ◽  
Vol 8 (1) ◽  
pp. 154-160
Author(s):  
Teuta Balliu ◽  
Artan Spahiu

Abstract The negotiation as a conversation process between two or more parties to settle a dispute or to reach an agreement is an efficient method and it requires attention not only from the private sector, but also from the public one. Negotiation is evaluated in two aspects, from the success achieved and the relationship created. The result that the negotiated agreement reaches is more convenient compared to that achieved through unilateral administrative acts. Establishing relationships with local and national government is a necessity for the private sector. This means that the negotiating agreements with various state authorities should be part of their daily tasks. This paper explores some features of the negotiation process, in which public administration is a party and also gives some recommendations on the real possibilities that government agencies can provide to private companies as a way for surviving and being successful in these dynamic and complex market. We mainly focused on agreements between representatives of the tax authorities and the debtor taxpayers, and at the Albanian legislation on public procurement, which provides the possibility of negotiation between the contracting authority and the bidder. From the analysis of the negotiated cases of the customs administration we notice a level of scepticism in the government agencies while negotiating with debtor entities, which is evidenced by the small number of signed agreements. However the effect of these agreements is evident because the paid value is about 50% of the total negotiation value. Arrangements based on installments, remission of penalties or interest, the possibility to compromise and defer the duties payment are some of the recommended programs that may be part of the tax administration′ offer to debtor entities.

2011 ◽  
pp. 1892-1908
Author(s):  
Leo Tan Wee Hin ◽  
R. Subramaniam

The insertion of an e-government in the public administration infrastructure of Singapore has spawned a bureaucratic renaissance with wide-ranging ramifications in various facets of society. A single entry portal on the Web links citizens to all the government agencies as well as opens a gateway to a plethora of services needed by citizens and businesses. The process of democratic governance has been significantly strengthened with the entrenching of the e-government. This chapter elaborates on some of the important implementation policies and best practices of the Singapore experience with e-government.


2015 ◽  
Vol 16 (29) ◽  
pp. 1-4
Author(s):  
Sergio Armando Prado De Toledo

Abstract Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption. The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related


Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 240
Author(s):  
Horácio MONTESCHIO ◽  
Valéria Juliana Tortato MONTESCHIO ◽  
Giovana Zanete MONTESCHIO

RESUMOCom a entrada em vigor da Lei nº 12.846/2013, também conhecida como Lei Anticorrupção, que entre os seus principais dispositivos buscam inovar o ordenamento jurídico pátrio ao disciplinar a responsabilidade administrativa e civil de pessoas jurídicas pela prática de atos contra a administração pública. A importância da legislação sobressai diante da busca de uma nova visão interpretativa e sancionatória com o claro objetivo de alcançar a redução da prática de atos de corrupção, tendo em vista que eliminar tão ignóbil e abjeta prática da realidade brasileira se mostra totalmente impossível. Em face do texto legal recentemente sancionado a Lei nº 12.846/13 passa a exigir que as empresas públicas e privadas venham a se adaptarem às inovações propostas. Como principal consequência da “Lei Anticorrupção” encontra se obrigatoriedade de implantação de mecanismos de prevenção e planejamento estratégico, a fim de monitorarem o relacionamento com a Administração Pública, com o intuito de evitar a aplicação das severas penalidades previstas. Por sua vez, os mecanismos inseridos na Lei anticorrupção tem o escopo de controlar as práticas empresariais, bem como consolidar a integridade das práticas de relacionamento entre as empresas, as quais permitirão alçar um novo patamar de cultura cidadã e ética no âmbito empresarial, que reverterá para toda a sociedade. PALAVRAS-CHAVE: Responsabilidade Civil e Administrativa; corrupção; complience; controle administrativo. ABSTRACT With the entry into force of Law No. 12,846 / 2013, also known as the Anti-Corruption Law, which among its main provisions seek to innovate the legal order of the country by disciplining the administrative and civil liability of legal entities for the practice of acts against the public administration. The importance of legislation stands out in the search for a new interpretive and sanctioning vision with the clear objective of achieving a reduction in the practice of acts of corruption, since eliminating such ignoble and abject practice of the Brazilian reality is totally impossible. In light of the recently enacted legal text, Law No. 12.846 / 13 requires that public and private companies adapt to the proposed innovations. As a main consequence of the "AntiCorruption Law", it is mandatory to implement prevention and strategic planning mechanisms in order to monitor the relationship with the Public Administration, in order to avoid the application of severe penalties. In turn, the mechanisms included in the Anti-Corruption Law have the scope to control business practices, as well as to consolidate the integrity of the relationship practices between companies, which will allow to raise a new level of citizen culture and ethics in the business sphere, which will revert for the whole society. KEYWORDS: Civil and Administrative Liability; corruption; complience; administrative control.


2015 ◽  
Vol 4 (2) ◽  
pp. 52
Author(s):  
Nestor Pabiona Blace

<p>This study investigated several factors on the need and continuing relevance of the public administration education. Primary data were gathered through the questionnaires administered to the Maser in Public Administration (MPA) graduates, their immediate heads, and their co-employees. The data gathered were analyzed through frequency distribution, percentage, mean and t-test. <br />The findings of the study revealed that the degrees earned by the respondents before taking the MPA degree vary. This implies that the decision to enroll in the MPA degree is not determined by the degrees that they possess, but by their employment in the government agencies or institutions. The findings further revealed that the MPA degree earned by the graduate-respondents had helped them in terms of job advancement, promotions and movement in employment. The knowledge, skills and values that the respondents should acquire and practice as government employees have been inculcated in them through the public administration education that they pursued.</p>


TEM Journal ◽  
2021 ◽  
pp. 777-788
Author(s):  
Fernando Fierro ◽  
Juan M. Andrade ◽  
Elías Ramírez

This article analyzes the model of behavioral workplace competencies in the private sector to discern the suitability of a model proposed in the private sector and its applicability in the public sector, as well as the competencies stipulated in Colombian regulations. It can be therefore characterized as a quantitative study carried out using the deductive and descriptive method. The sample used exceeded 120 Likert-type surveys in various national public sector organizations. One of the most relevant results was the distant relationship between the two models, private and public sector, meaning that the relationship between both is statistically insignificant.


Author(s):  
Leo Tan Wee Hin ◽  
R. Subramaniam

The insertion of an e-government in the public administration infrastructure of Singapore has spawned a bureaucratic renaissance with wide-ranging ramifications in various facets of society. A single entry portal on the Web links citizens to all the government agencies as well as opens a gateway to a plethora of services needed by citizens and businesses. The process of democratic governance has been significantly strengthened with the entrenching of the e-government. This chapter elaborates on some of the important implementation policies and best practices of the Singapore experience with e-government.


2021 ◽  
Vol 11 (4(S)) ◽  
pp. 26-34
Author(s):  
Gezani Mazibuko

Public procurement is a big industry in public administration as taxpayers’ money spent by the government on goods, services and infrastructure accounts for the massive gross domestic product (GDP) of a country. This study upholds the idea that public procurement is relevant and activity of public administration. The public administration atmospheres focus on macro milieus and support the government to advance consciousness, dynamics convoluted purchases of government goods, services, works and infrastructure development. Such external environmental aspects moving public and private buyers in the same direction are that of reconnoitring those critical environmental inspirational procurement procedures. This calls for public administrators to design bid processes according to the above-mentioned influences, as they are cradles of government financial spending and economic progression. Public administration philosophies succor to offer dimensions and theoretical conceptual work on how procurement should proceed within the government. Such public administration theories are paramount to transcend the understanding of procurement in the public sector. Specifically, the generic administrative functions as they relate to public procurement are relevant in expounding this research. The paper is the exploratory one, seeking to expand the knowledge base and stimulate discourse on procurement practices in government. A qualitative research and content analysis was employed in this study. It can be deduced that there is the relevance of procurement in government, as government procures and spends billions and even trillions of rands financing goods, services, public works, massive infrastructure development-highways, bridges, dams, airports, seaports and other essential amenities. These massive kinds of procurement have to be accounted for against corrupt and state capture activities.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Ramnik Kaur

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


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