scholarly journals Public law and municipal leadership and territorial public self-government: legal, institutional and communicative aspects

2021 ◽  
pp. 47-60
Author(s):  
Anna Kravets
Keyword(s):  
Legal Framework ◽  
Public Law ◽  
The Public ◽  
Legal Studies ◽  
Leadership Impact ◽  
The Subject ◽  
Communicative Approach ◽  
Administrative Institution ◽  
The One ◽  
Legal Understanding

This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the  concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.

scholarly journals Relaciones de la Administración y el sector privado en la adaptación jurídica a la gestión de los servicios públicos

2014 ◽  
pp. 641
Author(s):  
Julián Torrado Sancho
Keyword(s):  
Public Management ◽  
Legal Framework ◽  
Two Dimensions ◽  
The Rule Of Law ◽  
The Public ◽  
Organization And Management ◽  
The Social ◽  
The Subject ◽  
Important Object ◽  
The One

Se considera a la modernización administrativa un proceso histórico concreto en el que se producen transformaciones en la gestión pública de los Estados liberal-democráticos de los que España forma parte. Su principal característica procede de la modificación en las formas de prestación de los servicios públicos, que afectan a dos dimensiones respecto a sus antecedentes inmediatos, por una parte la privatización de sus relaciones con el entorno social y por otra la tecnificación de sus métodos de organización y gestión. Si bien la Administración pública es el sujeto de dichos cambios basados en políticas públicas destinadas a ella, su marco jurídico constituye el objeto más relevante para el funcionamiento del Estado de Derecho, sustrato definitorio de la eficacia y razón de ser de su organización y actividad.The administrative modernization is considered a concrete historical process in which changes occur in the public management of democratic liberal states of which Spain is a part. Its main feature is from the change in the ways of delivering public services, involving two dimensions relative to its immediate antecedents, on the one hand, privatization of its relationship with the social environment and on the other the modernization of its methods of organization and management. While public administration is the subject of such changes based on public policies aimed at her, its legal framework constitutes the most important object for the operation of the rule of law, definitor of the efficacy and rationale of its organization and activity.

scholarly journals Zaštita javnoga interesa u raspolaganju javnim dobrom u općoj uporabi

2017 ◽  
Vol 38 (1) ◽  
pp. 275-299
Author(s):  
Aleksandra Popovski
Keyword(s):  
Public Good ◽  
Public Interest ◽  
Legal Framework ◽  
Public Law ◽  
The Other ◽  
Legal Basis ◽  
Positive Regulation ◽  
The Public ◽  
The Subject ◽  
Administrative Act

The interest of the community regarding the use of public good is legally acknowledged as a public interest. In order to protect the public interest, a person of public law is not allowed to alienate the public good, nor burden it with certain forms of security rights. The power to dispose the public good is reduced to issuing licenses for the temporary and revocable use of the good that goes beyond general use. Approval may be issued in the form of an administrative act, concession or contract. Administrative act and concession enable the application of various remedies by which person of public law may protect the public interest. On the other hand, the contract as a legal basis for the use of public good does not allow a person of public law to enforce authoritative action and immediately protect the public interest. Nevertheless, administrative act and concession are underrepresented in the Croatian legislation, while contract has been given considerable space. Therefore, the subject of the article is the analysis of the regime of disposal of the public good, in order to critically address the adequacy of Croatian positive regulation from the viewpoint of the protection of the public interest, as well as to propose regulatory intervention in order to improve the present legal framework.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

scholarly journals Citizenship education in Denmark: reinventing the nation and/or conducting multiculturalism(s)?

2008 ◽  
Author(s):  
Claus Rüdiger Haas
Keyword(s):  
Citizenship Education ◽  
Analytical Framework ◽  
Legal Framework ◽  
Nation State ◽  
The Public ◽  
General Terms ◽  
Sociocultural Integration ◽  
The Subject ◽  
Compulsory Subject ◽  
Political Vocabulary

Article & 2008 In 2007 the concept of citizenship was officially incorporated into teacher education in Denmark, as part of a compulsory subject called 'Christianity studies, life enlightenment, and citizenship'. Thus, at least to some extent, the notion of citizenship is expected to find its way into the educational and political vocabulary of future teachers and pupils/students of the Danish educational system, and probably into the public discussions about the meaning of democratic education in general. The subject itself is only described in very general terms within the legal framework. In order to understand the meaning and purpose of the new subject it is necessary to position it within a broader discourse of citizenship education, as it has been launched by the Danish nation state since 1999. First, citizenship education seems to be exclusively about responding to cultural diversity; secondly, articulated as part of a nation state driven strategy of the sociocultural integration of foreigners, migrants and ethnic minorities. From this follow the questions: What does integration mean, and integration into what? I will make use of four different versions of multiculturalism as my analytical framework – assimilationism, cosmopolitanism, fragmented pluralism, interactive pluralism, and pointing to the fact that the first seems to be the hegemonic understanding of the purpose of citizenship education.

scholarly journals DIGITAL ACCOUNTS AFTER DEATH: A CASE STUDY IN IRAN LAW

2020 ◽  
Vol 11 ◽  
pp. 153-182
Author(s):  
Abbas Mirshekari ◽  
Ramin Ghasemi ◽  
Alireza Fattahi
Keyword(s):  
Digital Information ◽  
Legal Systems ◽  
Analysis Method ◽  
The Public ◽  
Content Analysis Method ◽  
The World ◽  
Long Time ◽  
The Subject ◽  
The One

In recent times, cyberspace is being widely used so that everyone has a digital account. It naturally entails its own legal issues. Undoubtedly, one of the main issues is that what fate awaits the account and its content upon the account holder’s death? This issue has been neglected not only by the primary creators of digital accounts but also by many legal systems in the world, including Iran. To answer this question, we first need to distinguish between the account and the information contained therein. The account belongs to the company that creates it and allows the user to use it only. Hence, following the death of the account holder, the account will be lost but the information will remain because it was created by him/her and thus belongs to him/her. However, does this mean that the information will be inherited by the user’s heirs after his/her death? Can the user exercise his/her right to transfer account content to a devisee through a testament? Comparing digital information with corporeal property, some commentators believe that the property will be inherited like corporeal property. This is a wrong deduction because the corporeal property can disclose the privacy of the owner and third parties less than the one in cyberspace. This paper aims to show what happens to a digital account after its user passes away and examine the subject using the content analysis method in various legal systems in the world, especially in Iran as a case study. The required information is collected from law books, articles, doctrines, case laws, and relevant laws and regulations of different countries. To protect the privacy interests of the deceased and others, it is concluded that the financially valuable information published by the account holder before his/her death can be transferred to successors. As a rule, the information that may violate privacy by divulging should be removed. However, given that this information may be a valuable source in the future to know about the present, legislators are suggested to make digital information, which may no longer lead to the invasion of the decedent’s privacy, available to the public after a long time.

scholarly journals PUBLIC ADMINISTRATION AND ACHIEVEMENT OF ITS EFFECTIVENESS AND EFFICIENCY

2021 ◽  
Author(s):  
Igor Zvarych ◽  
Olena Zvarych
Keyword(s):  
Public Administration ◽  
Organizational Structures ◽  
Legal Framework ◽  
Administration System ◽  
The Public ◽  
Effectiveness And Efficiency ◽  
Organizational Results ◽  
The One ◽  
The Cost ◽  
Goals And Objectives

This article highlights current issues of effectiveness and efficiency of the public administration system. Using systemic and synergetic approaches, methods of analysis and synthesis, induction and deduction, comparative analysis it is established that the effectiveness of management is a result compared with the cost of achieving it (they include not only direct costs of management, but also implementation management decisions). At the same time, the tools of public administration can be divided into four types: organizational structures; belief; rules; financial resources, and their capabilities – two: external, which include the legal framework, leadership and resources, and internal in the composition of people, processes and strategies. At the same time, its effectiveness should be assessed in two ways: on the one hand, by assessing the available opportunities and the extent to which they are used to achieve organizational results (socalled internal efficiency), and on the other – by assessing the final achievements (external). The organizational results of public administration should be considered in two aspects. On the one hand, it is the implementation within the legal framework in accordance with the chosen strategy and under a certain guidance of such opportunities as resources, which means their allocation in accordance with the goals and objectives of the organization; processes and structures, which means their organization to achieve goals and objectives; and people, is the change of certain human factors, the emergence or resolution of existing conflicts, and so on. At the same time, the criteria for the effectiveness of public administration: the purposefulness of the organization and functioning of the public administration system; spending time on management issues and management operations; the state of functioning of the public administration system, its subsystems and other organizational structures; the complexity of the organization of the subject of public administration, its subsystems and units; the cost of maintaining and ensuring the proper functioning of such a management system. Therefore, based on the most common interpretation of the concept of efficiency, it is considered as a result compared with the cost of obtaining it. At the same time, the efficiency of management is a relative characteristic of a particular social governing system, reflected in various indicators that have both quantitative and qualitative features, the achievement of which is especially important in the development of modern civilized system market relations in modern Ukraine and its fustified relentless European integration aspirations.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

LEGAL AND REGULATORY FRAMEWORK FOR STRATEGIC MANAGEMENT OF STATE JOINT-STOCK COMPANIES IN UKRAINE

2019 ◽  
Vol 5 (1) ◽  
pp. 225-237
Author(s):  
Iryna Ratynska
Keyword(s):  
Public Sector ◽  
Strategic Management ◽  
State Level ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Decentralized System ◽  
National Legislation ◽  
The Public ◽  
The One

The article analyzes the features of the existing legal framework of strategic management of state joint-stock companies in Ukraine. It was established that Ukraine has formed a regulatory framework for the management of state-owned companies, which is typical for a decentralized system of management of state-owned objects. It was covered that the for-mation of the modern regulatory framework of this activity took place in 3 stages. For all stages, it is characteristic that at each of them long-term planning of development of the public sector of the economy had declarative, exclusively formal character. It was found that on the one hand, in the current national legislation, at the state level of management of joint-stock companies of the public sector of the economy, an unlimited number of too detailed program and forecast documents are recorded. On the other hand, the priority and coordination of such documents have not been established. In addition, the attention is focused on the fact that in the national legislation there was a consolidation of the contradiction between the strategic and operational management of state joint-stock companies.

Risk assessment

1987 ◽  
Vol 92 (1-2) ◽  
pp. 139-154 ◽  
Author(s):  
J. H. Gittus ◽  
M. R. Hayns
Keyword(s):  
Risk Assessment ◽  
Nuclear Power Station ◽  
Nuclear Power ◽  
Nuclear Reactors ◽  
The Other ◽  
Power Station ◽  
The Public ◽  
The Subject ◽  
The One ◽  
Mathematical Interpretation

SynopsisRisk involves consideration both of the consequences of accidents and the frequency with which the accidents occur. Indeed formally risk is equal to the product of frequency and consequences. The important question of the perception of risk by the public and by the professional is first addressed. Two tenets are proposed as being a suitable summary of the public requirement:1. If it can happen, then it must not matter.2. If it matters, then it must not happen.A mathematical interpretation is placed upon these tenets and is shown to be consistent with various professional safety targets. The tenets do not indicate what numerical values for risk would be acceptable to the public but they do show how the consequences of accidents should diminish as the frequency or likelihood of a particular accident increases. It is argued that the best way of determining what level of risk the public accepts is to be guided by statistics for man-caused accidents. These, it transpires, pose risks which are considerably greater than those implied, for example, by the professional targets for nuclear reactors. The risk posed to the public by two energy installations is summarised. The one installation, situated on Canvey Island, exports energy in the form of gas, some of which (methane) is pumped into a national gas grid. The other installation, the Sizewell “B” Pressurised Water Reactor nuclear power station has not yet been constructed, but a comprehensive risk assessment has been undertaken, the results of which are summarised. The two installations are comparable in the sense that each exports a power of the order of a million kilowatts (in the form of gas in the one case and electricity in the other). Both have been the subject of Public Inquiries. The risks posed by the Canvey installations are accepted, since they only constitute a small fraction of the risks which the public run in any case during the course of their everyday lives. The predicted risks for the PWR are smaller still. The form taken by the risks posed by both installations corresponds broadly with the two tenets. That is to say the greater the consequences the lower should be the frequency of a particular accident.

Nationality: Jus Soli or Jus Sanguinis

1930 ◽  
Vol 24 (1) ◽  
pp. 58-64 ◽  
Author(s):  
James Brown Scott
Keyword(s):  
The United States ◽  
Public Law ◽  
Private International Law ◽  
The Public ◽  
Law Of Nations ◽  
Difference Of Opinion ◽  
The Status ◽  
Women And Children ◽  
The Subject ◽  
The Government

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.

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