scholarly journals A Study on the Systemic Improvement for the Enactment and Revision of the National Fire Safety Code

2020 ◽  
Vol 34 (2) ◽  
pp. 110-119
Author(s):  
Young-Joo Song ◽  
Tae-Woo Kim ◽  
Keesin Jeong
Keyword(s):  
Fire Safety ◽  
Legal Status ◽  
Fire Prevention ◽  
Technical Standards ◽  
Revision Process ◽  
Safety Control ◽  
Safety Code ◽  
Independent Entity ◽  
System Improvement ◽  
The Government

The National Fire Safety Code (NFSC) sets forth the installation methods and technical standards of firefighting facilities. This information is stipulated in the attached Table 1 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance and Safety Control of Fire-Fighting Systems. The NFSC serves as a foundation for fire prevention and public safety. However, the current version of the NFSC has been under scrutiny due to its delayed enactment and revision process. This is because of its structural inflexibility, time-consuming procedures, and mixed usage of both performance and technical standards. Furthermore, there are difficulties with keeping its unique specialties due to the absence of a specialized, permanent independent entity that enacts, revises, and maintains its standards. Moreover, the NFSC lacks collectivity, openness, and consistency. Therefore, to overcome the aforementioned obstacles, this study investigates the operational and legal status of the NFSC and the problems regarding its enactment and revision process. Further, it presents suggestions for system improvement by analyzing and comparing the information with domestic and foreign counterparts dedicated to managing their similar technical NFSC standards. First, the study recommends that the legal performance and technical standards mixed within the current NFSC should be separated. Second, the enactment and revision of technical standards should be implemented by the private sector and not by the government. Third, technical standards should adopt a user-oriented approach for the code system.

scholarly journals Performing Expertise in Building Regulation: ‘Codespeak’ and Fire Safety Experts

Minerva ◽  
2021 ◽  
Author(s):  
Angus Law ◽  
Graham Spinardi
Keyword(s):  
Fire Safety ◽  
Legal Status ◽  
Expert Panel ◽  
Expert Knowledge ◽  
Expert Advice ◽  
Policy Makers ◽  
Fire Fighters ◽  
The Government ◽  
In Fire ◽  
Knowledge Claims

AbstractFire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise.

scholarly journals Problems of Preventive Work in the Field of Fire Safety

2019 ◽  
pp. 73-79
Author(s):  
V. V. Antonchenko
Keyword(s):  
Fire Safety ◽  
The State ◽  
Fire Prevention ◽  
Safety Control ◽  
The Real ◽  
Emergency Situations ◽  
Preventive Work ◽  
Problematic Area ◽  
High Level ◽  
And Control

The article analyzes the activities of supervisory authorities in implementing control and supervisory measures in the field of fire safety. The author believes that today the society lives in the conditions of imitation of activity in this important area, which is not related to the real provision of fire safety. One of the circumstances allowing drawing such a conclusion is the transfer of fire safety supervisory functions and control powers to nongovernmental institutions.Based on the analysis of the mechanisms of fire safety control and supervision — both the state fire supervision bodies under the Ministry of Emergency Situations of Russia and companies providing services for the fire audit — the conclusion is made about inadmissibility of eliminating the State from the principal, active and purposeful work on fire prevention and narrowing the powers of state bodies in this extremely important and, at the same time, very problematic area. The author believes that the neglect of the need to maintain a high level of fire safety, including by legal means, significantly weakens the level of protection of an individual and a society from fires.

LEADERSHIP AND MANAGEMENT OF EDUCATION INSTITUTIONS IN IMPROVING HUMAN RESOURCES IN INDONESIA

2018 ◽  
Vol 1 (3) ◽  
pp. 38-55
Author(s):  
M. Ihsan Dacholfany ◽  
Eko Susanto ◽  
Andi Noviandi
Keyword(s):  
Human Resources ◽  
Evaluation System ◽  
Educational Institutions ◽  
Academic Excellence ◽  
Educational Facilities ◽  
Leadership And Management ◽  
Education Industry ◽  
System Improvement ◽  
The Government

Educational institutions in Indonesia are expected to produce superior human resources and compete to have insight into science and technology. To achieve this expectation, educational institutions should strive and play a role in optimizing and achieving academic excellence, particularly in education, industry relevance, for new knowledge contribution, and for empowerment. Recognizing the importance of the process of improving the quality of human resources, the government, managers of educational institutions, educators and learners in Indonesia are striving to achieve the goals, vision and mission through various activities to build a better quality education through the development of human resources development and improvement of curriculum and evaluation system, improvement of educational facilities, the development and procurement of teaching materials, and training for teachers and education personnel to be more advanced and developed than other countries.

IMPROVEMENT OF ENERGY SAVING AND ENERGY EFFICIENCY IN BUILDINGS AND RESIDENTIAL HOUSES IN THE KYRGYZ REPUBLIC

2019 ◽  
pp. 3-17
Author(s):  
Turatbek Kasymov
Keyword(s):  
Energy Efficiency ◽  
Energy Saving ◽  
Energy System ◽  
Environmental Indicators ◽  
Kyrgyz Republic ◽  
Technical Standards ◽  
Insulating Materials ◽  
Increase Energy Efficiency ◽  
State Construction ◽  
The Government

This article reviews energy consumption in the Kyrgyz Republic economy, environmental indicators and strategies to further develop the national fuel and energy system to ensure energy efficiency and energy saving. An existing situation in energy efficiency of buildings in the country is described. Secondary legislation and by-laws approved by the Government of the Kyrgyz Republic as well as several technical standards, norms, methods and guidelines approved by the order of the State Construction Agency of the Kyrgyz Republic are presented. Applying modern insulating materials are suggested as possible solutions to increase energy efficiency and energy saving. The advantages of EPS-beton in comparison with other thermal insulation materials are discussed and foreign experience of use of EPS-beton products in increasing energy efficiency of buildings is presented.

ANALYSIS OF THE PROSPECTS FOR DEVELOPMENT OF CERTAIN ASPECTS OF LICENSING IN THE FIELD OF FIRE SAFETY

2021 ◽  
pp. 6-11
Author(s):  
Сергей Семёнович Воевода ◽  
Ирина Фёдоровна Зенкова
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
General Mechanism ◽  
General Direction ◽  
Industrial Facilities ◽  
Emergency Situations ◽  
Current State ◽  
The Russian Federation ◽  
The Government ◽  
Permanent Employees

В статье рассмотрена возможность внесения изменений в лицензионные требования, касающиеся подтверждения квалификации работников, состоящих в штате соискателей лицензии (лицензиатов). Выполнение указанных требований обязательно при намерении осуществлять (осуществлении) деятельность по тушению пожаров в населенных пунктах, на производственных объектах и объектах инфраструктуры, а также деятельность по монтажу, техническому обслуживанию и ремонту средств обеспечения пожарной безопасности зданий и сооружений. Проведен анализ введенных в действие в рамках реализации «регуляторной гильотины» положений о лицензировании видов деятельности в области пожарной безопасности, утвержденных постановлениями Правительства Российской Федерации. Кроме того, с использованием положений нормативных правовых актов Российской Федерации и нормативных документов проанализирован общий механизм формирования системы независимой оценки квалификации, в том числе в области пожарной безопасности, рассмотрены перспективы внесения изменений в лицензионные требования. Сделан вывод о том, что характер прогнозируемых изменений должен соответствовать общему направлению развития Национальной системы квалификаций. В статье исследовано также современное положение дел с формированием профессиональных стандартов в области пожарной безопасности, разработка которых закреплена за Советом по профессиональным квалификациям в области обеспечения безопасности в чрезвычайных ситуациях. The article considers the possibility of amending the licensing requirements regarding the confirmation of the qualifications of permanent employees who are the license applicants (licensees). Fulfillment of the specified requirements is mandatory if it is intended to carry out (implement) fire fighting activities in settlements, at industrial facilities and infrastructure facilities, as well as activities for installation, maintenance and repair of fire safety facilities for buildings and structures. The analysis of regulations on licensing of fire safety activities, approved by the resolutions of the Government of the Russian Federation is carried out. These regulations are implemented as part of realization of “regulatory guillotine”. Furthermore, the general mechanism for formation of the system for independent qualification assessment, including in the field of fire safety is analyzed as well as the prospects for amending licensing requirements were considered. The above mentioned analysis is carried out using the provisions of regulatory legal acts of the Russian Federation and regulatory documents. It is concluded that the nature of predictable changes should correspond to the general direction of development of the unified National qualification system. The article also considers the current state of formation stages of professional standards in the field of fire safety. The development of such standards is assigned to the Council for professional qualifications in the field of safety in emergency situations.

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals Actions Ultra Vires Minister of State-Owned Enterprises in the Procurement of Goods and Services at Subsidiaries of State-Owned Enterprises

2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin
Keyword(s):  
Legal Status ◽  
The State ◽  
Legal Entity ◽  
Goods And Services ◽  
Pros And Cons ◽  
The Law ◽  
The Government ◽  
Legal Subjects

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.

scholarly journals LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT

2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Public Official ◽  
The European Union ◽  
Association Agreement ◽  
Legal Personality ◽  
Public Servant ◽  
The Status ◽  
The Government ◽  
Legislative Improvement

The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.

scholarly journals External functions of the President of Ukraine in the context of ensuring the security of the state

1970 ◽  
pp. 402-405
Author(s):  
Taisiia Barilovska
Keyword(s):  
Foreign Policy ◽  
Legal Status ◽  
Separation Of Powers ◽  
Complex Structure ◽  
The State ◽  
International Level ◽  
Interstate Relations ◽  
Head Of State ◽  
The Government ◽  
The Stability

The purpose of the article is to clarify the external functions of the President of Ukraine in the context of ensuring the security of the state. The mechanism of performing the external functions of Ukraine is characterized by the complex structure of interrelated and interacting relations. Of particular importance in this mechanism is the President of Ukraine, who, in accordance with the powers enshrined in the Constitution of Ukraine and Ukrainian legislation, heads this mechanism and coordinates the operation of its parts. The foreign policy activities of the President of Ukraine are based on the general principles of separation of powers, of the rule of law, of constitutional responsibility, and on the specific principles of the unity and of the support of foreign policy. In order to improve the operation of the mechanism of implementing foreign policy, headed by the President of Ukraine, the measures aimed at intensifying foreign policy activities and enhancing the independence of the Government of Ukraine and developing the scientific component of this mechanism are required. The process of performing external functions of the state implies the existence of an appropriate mechanism. The mechanism of performing Ukraine’s external functions includes elements that are heterogeneous in their task, legal status, organization and other characteristics, which in their turn are interrelated and interacting. The President of Ukraine has a special place in this mechanism. In accordance with the Constitution of Ukraine, he directs the foreign policy of the country and as a head of state represents Ukraine in international relations. The logic of the current stage of the development of interstate relations strongly confirms that in order to effectively strengthen the common peace and international security, a unified strategy of interacting and regulating the external functions and powers of the presidents at the international level in ensuring this security must be developed. Perhaps, one of the most important functions of the President of Ukraine at the international level is the external function of ensuring the security of the state. Until the state has the security of its own territory and borders, other functions do not matter, because security is the guarantee of the stability, and therefore, the possibility of ensuring other functions.

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