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Journal articles on the topic 'Administrative contracts theory'
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1
Almajali, Mohmmad Husien, Mohammad Basheer Arabyat, Faisal Tayel Alqudah, and Mohamed F. Ghazwi. "Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation." International Journal of Religion 5, no. 1 (February 9, 2024): 725–31. http://dx.doi.org/10.61707/hd5yz160.
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This article examines the degree of effect of the theory of nullity in Jordanian civil law on administrative and civil contracts and the utmost key cases of nullity of the administrative contract as compared to civil contract. The descriptive and analytical research approach is adapted to achieve the research objectives. In carrying out its activity, the administration resorts to several diverse and numerous means and actions, and these actions may be physical or legal actions. Legal actions may be unilateral actions, which are called administrative decisions, or they may be two-sided, meaning an agreement, which is what, is called contracts, whether these contracts are concluded between persons of public law and between a person of public law and one of the persons of private law. The administrative contract does not differ in its work from other contracts if it is concluded by simply exchanging the expression of their wills between the two parties, taking into account the specific conditions stipulated by the law for its conclusion. In its formation, it is necessary that its pillars be present, which are the administration element, the place element, and the cause element. It is also necessary that the conditions for its validity be met, which is that the will of its two parties is free from any defects of consent that may taint it. Towards the end, results and recommendations are properly incorporated.
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Antonenkо, Anastasia. "ADMINISTRATIVE CONTRACT IN THE PROCEDURE OF THE UNFORCED EXPROPRIATION: JUSTIFICATION AND ADVISABILITY OF THE IMPLEMENTATION." Administrative law and process, no. 1(34) (2022): 5–20. http://dx.doi.org/10.17721/2227-796x.2022.1.01.
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Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.
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Solechan, Solechan. "The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts." International Journal of Criminology and Sociology 10 (April 30, 2021): 662–67. http://dx.doi.org/10.6000/1929-4409.2021.10.77.
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Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.
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Rousseau-Houle, Thérèse. "La notion d'enrichissement sans cause en droit administratif québécois." Les Cahiers de droit 19, no. 4 (April 12, 2005): 1039–60. http://dx.doi.org/10.7202/042284ar.
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The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with, the principle of unjust enrichment is difficult to dissociate from the quasi-contract of negotiorum gestio in administrative law. Further, the material and legal conditions of unjust enrichment cannot be applied as a whole to administrative law. In this field, unjust enrichment appears as a true quasi-contract in the sense that it requires the assent of the person enriched. Furthermore, the enrichment must have resulted in a real benefit in the general interest of the administration. These special conditions require a different approach toward the notion of unjust enrichment in administrative law. This approach may be elaborated from the Common Law notion of quantum meruit or from the theory of unjust enrichment in French administrative law. A new concept of unjust enrichment in Quebec administrative law would lead to finding, in the field of quasi-contracts, a solution which would provide for the protection of both public finances and the individual interests of co-contractants.
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Bila, V. R. "Administrative Contract as a Legal Form of Public Administration: Updating Doctrinal Approaches." Law and Safety 75, no. 4 (December 20, 2019): 43–48. http://dx.doi.org/10.32631/pb.2019.4.05.
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The analysis of the features of administrative contracts, formed by the theory of administrative law, has been made for the purpose of their compliance with the current legislation. The perspectives of improving both the doctrinal understanding and the normative construction of the concept of administrative contracts have been clarified. It has been stated that administrative contracts are only one of the possible contractual forms of regulating the relations of public administration. Contractual regulators can be both formalized in the form of administrative contracts or unformalized, when the agreement between the authorities is fixed at the level of legal acts or when laws provide the possibility of reaching a consensus in vertical and horizontal administrative legal relations. The author has established the correlation between administrative contracts and other types of legal forms, including with administrative acts, the common legal acts. The perspectives for improving the list of types of administrative contracts have been stated. In particular, the author has substantiated that the list of cases of concluding administrative contracts, under the Code of Administrative Judiciary of Ukraine, focuses solely on the determination of the substantive jurisdiction of administrative courts and is only a basis for forming the scope of the concept of “administrative contracts”, which is much more wider than the legal definition.
It has been pointed out that some of the statements made in the most recent writings on administrative contracts are falsified, including that administrative contracts and administrative acts are comparable incompatible concepts, and the initiative in concluding administrative contracts can come from an authorized subject, as well as from legal entities and individuals.
The author has concluded about the significant influence of the normative construction of the concept of administrative contracts on its doctrinal understanding and the need to update the established ideas about its function as a legal form of public administration, which directs the study of those types of economic contracts, which in their essence are administrative contracts.
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Milenković, Dejan. "ADMINISTRATIVE CONTRACTS IN THE NEW GENERAL ADMINISTRATIVE PROCEDURE ACT IN WESTERN BALKANS COUNTIRES." Strani pravni život 61, no. 3 (September 30, 2017): 67–80. http://dx.doi.org/10.56461/spz17305m.
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Administrative contract, as well as specific legal institute, draws the attention of theoreticians of administrative law for more than a century. For them, it is that they are “formally” recognized by the courts, or in special substantive laws or Generally Administrative procedural Act (GAPA), we can find in almost all Euro-continental legal systems. In the former Yugoslav theory, in conjunction with the institute of administrative contracts are continuously guided serious discussions since the sixties of the 20th century. However, at several last years, we can see the intention and tendency that the administrative contracts have to be generally defined by GAPA. Today, all countries of the Western Balkans, except Bosnia and Herzegovina, have in new GAPA a special section that regulates this institute and its specific legal regime. However, the ways in which they are formulated and regulated depend on specifics of the legal system in each of these countries. In this paper, we gave the comparative archive and analyze legal norms relating to administrative contracts in new GAPA in Croatia, Montenegro, Macedonia, Albania and Serbia, with basic similarities and differences in their existing legal regimes.
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Rašević, Živorad, Danijela Despotović, and Snežana Prelević Plavšić. "Javne nabavke između upravnog i obligacionog prava: sistemsko pozicioniranje." Harmonius Journal of Legal and Social Studies in South East Europe 12, no. 1 (February 7, 2024): 309–34. http://dx.doi.org/10.51204/harmonius_23113a.
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The stances of the legal theory, comparative law and jurisprudence do not concur on the nature of public procurement: The administrative law literature considers public procurement contracts to be administrative contracts, while civil law treats them as traditional civil or commercial contracts. To understand the nature of the relationship between public procurement entities and private companies that provide them with go ods and services, this essay examines the undefined systemic connections of the Serbian Public Procurement Act (PPA) with administrative and obligation law. The research results reveal that the PPA norms, although regulate the public law regime of the unequal relationship between procurement entities and bidders, do not place this relationship in the realm of administrative law because they enable only indirect, limited and exceptional application of the administrative norms. Norms of the PPA do not explicitly refer to obligation law. Still, its application as a lex generalis is inevitable for the comprehensive regulation of the precontractual and contractual relationship between the procurement entities and bidders. These findings suggest the PPA positioning as a special regime of obligation law, which cannot be rigidly classified into public or private law. Therefore, it is proposed to distinguish administrative decision-mak ing on the contract from its execution that is subject to the obligation law, and to restrict the superiority of procurement entity for the sake of fundamental values of civil law.
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yavari, asadolah, and mohammadreza Bahrami. "The Theory of unpredictable affairs and Adaptation of administrative contracts." Payam-e-Marefat-Kabul Education University 10, no. 33 (March 1, 2023): 271–93. http://dx.doi.org/10.61186/qjal.10.33.271.
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Huiqiong, Lin, Nie Ting, and Qiu Tengfeng. "Research on the Influence Mechanism of Implicit Incentive on Employee's Territorial Marking Behaviors – the Moderating Effect of Recognition Expectation." Tobacco Regulatory Science 7, no. 6 (November 3, 2021): 5596–608. http://dx.doi.org/10.18001/trs.7.6.47.
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Based on field theory and prospect theory, this paper attempts to explain the influence mechanism of organizational implicit incentives on employee's territory marking behaviors and further verify the moderating effect of recognition expectation. Through a paired survey of 280 employees and supervisors in the Yangtze River Delta, the Pearl River Delta and Macau Special Administrative Region, it shows that growth incentives, job incentives, and relationship incentives significantly affect territorial marking behaviors through psychological contracts. The recognition expectation of employees will enhance the relation between psychological contract and territorial marking behaviors.
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Lewandowski, A. "PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 47 (October 18, 2022): 29–39. http://dx.doi.org/10.18524/2411-2054.2022.47.265281.
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The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.
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Popowska, Bożena. "Umowne formy realizacji zadań przez samorząd terytorialny – zagadnienia teoretyczno-prawne." Studia Prawa Publicznego, (3) 43 (October 13, 2023): 9–33. http://dx.doi.org/10.14746/spp.2023.3.43.1.
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The discussion in the article takes into account two aspects: the specific nature of contracts as legal forms of action of local government bodies, and the special rela- tionship of two branches of law, i.e. administrative law and public economic law. Both directions of this discussion entail a civil law aspect with a extended theory on contracts and the freedom of contract.
The study assumes that the element linking the above threads is the principle of the social market economy as one of the foundations of the system of the Repub- lic of Poland, which does not exclude state economic activity, subject to Article 1, Article 2 and Article 5 of the Constitution of the Republic of Poland. This field includes the regulations of the Law on Municipal Management, whose addressees are local government bodies. For the implementation of the tasks assigned to local government in the field of economy, local government bodies enter into contracts; this is one of the legal forms that allows them to take into account the complexity of administration-economy relations (relationships), and therefore third parties: entrepreneurs, contractors, competitors and consumers.
An area of study related to the issues stated in the title and which is significant for both theoretical and practical reasons is the regulation of Article 3 of the Law on Municipal Management. This provision provides a specific legal basis for concluding contracts “for the purpose of entrusting the performance of tasks” in the field of municipal management. The article points to the issue of the legal determination of contractual entrustment of such tasks, taking into account the constitutional principle of binding the administration to the law (Article 7 of the Constitution of the Republic of Poland) and the civil law principle of freedom of contract (Article 353¹ of the Civil Code). The scope of freedom enjoyed by local government units in the use of the form of contract in the doctrine is also considered as an element of “organizational independence” of these units, and whose theoretical expression is the constitutional principle of subsidiarity. The article emphasizes the lack of a general and common statutory basis in the Polish legal order that would regulate the transfer of public tasks, as well as the lack of a statutory regulation providing a template(s) for the contract, which is most often referred to in the doctrine as a public-legal contract.
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Шестаков, Д. А., and В. С. Шаульский. "AGREEMENT UNDER PUBLIC LAW IN THE FORM OF TREATY BETWEEN RUSSIA’S CONSTITUENT ENTITIES ON CHANGE OF BOUNDARIES: THEORY AND PRACTICES." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 1 (March 24, 2024): 49–52. http://dx.doi.org/10.26163/gief.2024.47.69.007.
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Авторами настоящей статьи рассмотрена конституционная доктрина публичного договора на примере соглашений об изменении административно-территориальных границ субъектов Российской Федерации. Утверждается, что теория и практика таких соглашений на современном этапе позволяют раскрыть сущность и природу публичного договора как юридического и политического инструмента. В заключение сделан вывод о целесообразности выделения публичных договоров в качестве закрепленной нормативной категории. The authors examine the constitutional doctrine of a public contract based on the example of agreements on changing the administrative-territorial boundaries of the constituent entities of the Russian Federation. It is alleged that the theory and practice of such agreements at the present stage make it possible to reveal the essence and nature of a public contract as a legal and political instrument. The author comes to the conclusion that it is advisable to distinguish public contracts as a fixed normative category.
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Kharchenko, Anna, Oleh Zaviyskyy, Vitalii Tsybulskyi, and Serhii Zavorotnyi. "Development of methods for parameters of long-term contracts optimization for operational road maintenance." Technology audit and production reserves 1, no. 2(57) (February 28, 2021): 49–53. http://dx.doi.org/10.15587/2706-5448.2021.225532.
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The object of research is the processes of cost, duration and quality management in long-term contracts for the maintenance of roads. The presented work is based on the use of project management theory. The main hypothesis of the study is the application of methods for optimizing the parameters of long-term contracts for the maintenance of roads. Features, advantages and problematic issues concerning the use of long-term contracts based on quality indicators in the road sector are considered. The world and domestic experience of introduction of long-term maintenance of highways is analyzed. The main approaches to optimization of parameters are defined and the mathematical model of management of processes of cost, duration and quality in long-term contracts is developed. Based on the model, two methods of mathematical solution of the optimization problem of the proposed parameters have been developed. A mathematical experiment based on the example of the project of long-term maintenance of roads on the final quality indicators, the results of which showed that the adaptive capacity of projects by the second method is less flexible than the first. But the second method achieved better performance to minimize time parameters with averaging at 5 %. Optimization of parameters of long-term contracts for maintenance of roads has a multiplier effect, which is expressed in reducing administrative costs of the customer, reducing the responsibility of road services, creating conditions for stable financing of road works, satisfaction of road users, building strong partnerships between the customer and the contract. The results of calculations have practical value and can serve as a tool for making sound management decisions to determine the basic parameters of long-term contracts for the maintenance of roads based on quality.
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Defeuilley, Christophe. "Holdups and Non-standard Breach Remedies in Delegation Contracts." Recherches économiques de Louvain 65, no. 3 (1999): 349–71. http://dx.doi.org/10.1017/s0770451800009933.
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SummaryA vast literature is devoted to assess the Transactional Approach in several empirical fields. Common to all these studies is the testing of transactional approach conjectures from the standpoint of private contractual relationships. The aim of this paper is to explore the relevance of Transaction Cost Theory in the French administrative legal context. The paper examines the delegation contracts used to manage the provision of urban services in France. The paper shows that (1) these delegation contracts can be considered as self-enforcing agreements (2) they do not operate in “the shadow of the law ” (3) they feature strong adaptive capabilities. A distinction is made between non-standard contractual arrangements and hybrid governance modes.
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Kim, Jae-Kwang. "The Critical review on the General Act on Public Administration." Korean Public Land Law Association 104 (November 30, 2023): 253–96. http://dx.doi.org/10.30933/kpllr.2023.104.253.
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Since the GAPA is a fundamental law on administration and has the nature of a general law, it is necessary to hasten the reorganization of the laws in each administrative field from a systematic perspective in order to establish normative status and relationships with other laws. In other words, the purpose pursued by the GAPA cannot be realized only in terms of the GAPA, but can be got through synergy effects with other laws. So as to the GAPA must be improved accordingly in connection with the Administrative Appeals Act, Administrative Litigation Act, and National Compensation Act. The laws in each administrative field need to be reorganized in a way that embodies ‘participation’ and ‘cooperation’ as a paradigm shift in administrative law.
In order to realize the rule of law on administration, specifying administrative law which serves as the standard for the exercise of public power is needed and important. Specifying administrative law is also necessary to ensure efficiency, adequacy, and predictability of public administration. This GAPA is not an administrative code, but a ‘fundamental law’ on administrative laws, and is the result of legislating only those matters on which consensus could be reached from existing administrative laws, administrative precedents, and theories among the basic norms related to administration.
In the sense that the GAPA must be ‘Korean yet universal,’ the enactment of the GAPA represents the starting point of a long journey toward the ‘Administrative Code.’ Therefore, various legislative theories actively raised in the field of administrative law must be carefully reviewed on the spirit above.
This study reviewed the main contents of the “Geneal Act on Public Administration” (hereafter GAPA) in terms of legislative theory following: specifying general principles of administrative law (Articles 8 to 13 of the Act), subordinate clauses of administrative disposions(Article 17), revocation of illegal or unjust dispositions and withdrawal of legitimate dispositions(Articles 18 and 19), automatic dispositions(Articles 20), limitation period for sanctions (Article 23), standards for deemed authorization or permission(Articles 24 to 26 ), general provisions on contracts under public law(Article 27), regulations on the effectiveness of reports requiring acceptance(Article 34), general institutionalization of objections to dispositions(Article 36), re-examination of dispositions(Article 37).
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Yang (楊際平), Jiping, and Michael Broughton. "Dispelling the Myth of the “Tang-Song Transition Theory”." Journal of Chinese Humanities 6, no. 2-3 (May 11, 2021): 129–52. http://dx.doi.org/10.1163/23521341-12340094.
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Abstract Administrative statutes in the Tang clearly recognized that the fields of commoners could be held through private ownership. Field ownership structures in the recently restored Tang Statutes, while seeming to support ideas of land nationalization, did not actually change the private landowning practices that had been in place since the Qin and the Han dynasties. Numerous tenancy contracts unearthed in Dunhuang and Turfan dating back to the Tang and Five Dynasties show ample evidence that, prior to the establishment of the double-tax system in 780, a highly developed system of contract tenancy was already in place. Tenancy was clearly the leading form of agricultural production outside subsistence farming. This proves that the labor force during the Sui and Tang dynasties consisted not of “slaves and tenant farmers” or “agricultural dependents and serfs” but of commoners who were legally free. The Sui, Tang, and Five Dynasties, as described by Japanese historian Naitō Konan, bear no resemblance to the historical reality of this period. In many instances, Naitō’s arguments have distorted the history of these dynasties in an effort to make China’s history fit neatly into the framework of medieval European history. Consequently, his premises, arguments, and his central conclusion are all wrong. It is crucial that we dispel the myth of Naitō’s “Tang-Song transition theory” and return to historical reality.
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Bastos, Bruno Lopes, and Jackson Apolinário Yoshiura. "The new law of bids and administrative contracts and their implementation in small municipalities." RCMOS - Revista Científica Multidisciplinar O Saber 2, no. 1 (January 22, 2024): 171–78. http://dx.doi.org/10.51473/rcmos.v2i1.303.
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In Brazil, the agreements between the Public Administration and third parties, in which there is application of public resources and availability of benefi ts, must be governed by the legal terms, since the process needs to be as much of a good suitability as possible. In view of these notes and considering that Brazil had already been reforming the norms related to public procurement, it is possible to problematize about the signifi cant changes between the old and the current law, to establish a relationship of the benefi ts and impacts of changes in the management of small cities. Considering these questions, the aim of this study was to analyze the new bidding law to perceive its implementation in small municipalities. Thus, the methodology adopted was bibliographic research and documentary analysis, not to the extent that the legal devices were analyzed in the light of the theory on the theme.
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Mulyadi, Dedi, and Mohamad Anton Athoillah. "Product Innovation of Sharia Financial Institution: Theory Review." Journal of Economicate Studies 1, no. 1 (June 20, 2017): 1–8. http://dx.doi.org/10.32506/joes.v1i1.3.
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Competitions in the financial industry are so tight that sharia banks can no longer simply rely on standard products to attract the public. The development of sharia banking products and services should not merely 'imitate' from conventional banking products. However, the development of this innovation product does not mean eliminating the principles of syariah let alone just be used as legal and administrative hilah to gain profit alone, on the grounds that Islamic banks are positioned as a financial intermediary institution based on business not a social institution. Based on these problems, the authors get some solution that is, development of innovation (product) is permitted when there is a stronger proposition and clarity of meaning contained therein, conformity with the purpose of sharia (maqashid al-syariah), and relevance to the development of the times and needs Human beings will transactions and modern contracts.
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Patoska, Aleksandra. "AGREEMENT OF THE WILLS FROM THE CONTRACTUAL PARTIES AS ONE OF THE CONDITIONS TO MAKE A DEAL." Knowledge International Journal 28, no. 6 (December 10, 2018): 1953–57. http://dx.doi.org/10.35120/kij28061953a.
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Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.
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Batenov, Fazil' Kubaidullaevich. "Recommendations for improving the effectiveness of measures of administrative responsibility of legal entities and officials in the sphere of road traffic." NB: Административное право и практика администрирования, no. 2 (February 2021): 12–17. http://dx.doi.org/10.7256/2306-9945.2021.2.36338.
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The object of this research is the system of public legal relations in the area ensuring road safety. The subject of this research is the legal norms that regulate the measures of administrative responsibility of legal entities and officials in the sphere of road traffic. The goal lies in examination of the normative legal framework that regulates the measures of administrative responsibility of legal entities and officials in the area of road traffic, as well as in formulation of recommendations for improving their effectiveness. Research methodology relies on the fundamental provisions of the theory of law; general scientific methods of analysis, synthesis, and deduction; special scientific methods, such as formal-legal and comparative legal. The novelty of this article consists in the development of specific recommendations for enhancing the measures of administrative responsibility of legal entities and officials in the area of road traffic: escalation of the measures of administrative liability set by the Article 12.32 of the Code of Administrative Offences of the Russian Federation for legal entities that conclude contracts with medical institutions; extension of the principle of responsibility of legal the entity for unlawful actions of their employees and to other administrative offenses of the Chapter 12 of the Code of Administrative Offences of the Russian Federation; extension of the content of the Code of Administrative Offences of the Russian Federation by the articles establishing administrative responsibility of legal entities and officials for administrative offenses associated with operation of highly or fully automated vehicles.
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Lezcano Miranda, Martha Eugenia, and Jorge Eduardo Vásquez-Santamaría. "Some possible legal approaches about ‘efficacy’ as research category of alternative methods for conflict solution (AMCS)." Temas Socio-Jurídicos 37, no. 75 (December 28, 2018): 130–53. http://dx.doi.org/10.29375/01208578.3527.
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By questioning the applicability of Alternative Methods for Conflict Solution (AMCS) in public contracts of working, consulting and concession in the Metropolitan Area of Valle de Aburrá in the light of Law 80 of 1993, itwas showed the absence of previous methodological construction on efcacy as analytical category of juridical setting and sociojuridical objects. So it is valid to ask which juridical approaches allow the category ‘efcacy’ tointermediate the object of some juridical research? This work is centered in showing some possible implications of efcacy as category for juridicalresearch, by a theoretical foundation of its methodological development,from contributions of Law General Theory and statements about efcacy as general principle in the practice of administrative function and public deals. From two proposed dimensions, in the conclusions is stated thatefcacy is a category that allows a particular research approach, resulting both in a defnite searching criterion and in the validation of juridical and sociojuridical objects, such as conflict resolution in public contracts.
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Silva, Sander José Couto da, and Antônio Carlos Brunozi Júnior. "Compliance and mimetic isomorphism of the anti-corruption law in Brazilian states." Cadernos Gestão Pública e Cidadania 29 (November 27, 2023): 1–12. http://dx.doi.org/10.12660/cgpc.v29.90353.85203.
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This study explores the occurrence of mimetic isomorphism in compliance practices based on Brazilian anti-corruption law at the state level, with a particular focus on administrative accountability, public compliance, and compliance requirements in contracts with the private sector. The institutional theory was employed, considering a sociological approach and the assumption of isomorphism. The methods adopted included documentary research and content analysis, examining documents related to anti-corruption actions in Brazilian states. The analysis categories were based on accountability and compliance content in the context of public and private relationships. The main results pointed to elements suggesting mimetic isomorphism among states and between them and the federal government. Unlike other studies, this research provides an overview of the adoption of compliance practices in Brazilian states. In terms of theoretical contributions, the research highlighted the similarity of the Brazilian institutional environment in normative adoption. Its practical contribution lies in clarifying that states do have actions to combat corruption.
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Prayitno, Ghorib, and Kadek Wiwik Indrayanti. "Implementation of Fairness Principle in Tax Collection for Health Benefits for Outsourced Workers (Study at PT. Pertamina Hulu Sanga Sanga, Kutai Kertanegara Regency, East Kalimantan)." MLJ Merdeka Law Journal 2, no. 1 (November 17, 2021): 1–11. http://dx.doi.org/10.26905/mlj.v2i1.6238.
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Efficiency and effectiveness are important factors for the company. To improve efficiency and effectiveness, the company can perform outsourcing system for labor management. PT. Pertamina Hulu Sanga Sanga has business contracts with three Supporting Service Companies, namely PT. PTC, PT. INJ and PT. IRA as a labor support service company. The three supporting service companies have their own policies in managing their employees who provide personnel services in the Pertamina Hulu Sanga Sanga operational area. One of the differences in the implementation of the policy of supporting service companies among the supporting service companies is the collection of health services tax using ASO (Administrative Services Only) services. This difference became a topic of discussion among outsourcing workers and sparked comparisons between support service companies that use the same health services but one company collects taxes, one does not collect taxes, and the other does not collect taxes but cover as if they were paying premium health insurance. . The research method used is through an empirical legal approach, with an analytical perspective with the object of study covering legal theory, and rules for collecting income taxes, especially health benefits tax for outsourcing workers. The primary data sources in this research are facts in the field and tax laws. Data collection techniques are through field orientation and interviews with outsourced workers and management of outsourcing companies and staff of the Tenggarong Tax Office. The results of the study indicate that the application of the principle of justice in tax collection on outsourcing workers has not been implemented. Legal efforts made by employer companies to regulate the equality of health benefit tax treatment have also not been seen. The existing work contracts are very detailed but still need to be clarified, especially regarding the implementation of health service facilities that can be uniformed for all supporting service companies. In addition, supporting service companies must also be wise in managing business contracts so as not to make policies that harm workers due to misinterpretations in determining whether health insurance is taxed or not.DOI: https://doi.org/10.26905/mlj.v2i1.6238
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Alanshori, M. Zainuddin. "ANALISIS FATWA DSN-MUI NOMOR 25/III/2002 TERHADAP PENETAPAN UJRAH DALAM AKAD RAHN DI BMT UGT SIDOGIRI CABANG WARU SIDOARJO." JES (Jurnal Ekonomi Syariah) 2, no. 1 (September 4, 2017): 116–28. http://dx.doi.org/10.30736/jes.v2i1.32.
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Sharia financial institutions are financial institutions that not only prioritize profit oriented, but also a financial institution that also puts the public good in accordance with the demands of sharia which is the foundation of all Islamic financial institutions. One application is to implement a moral and spiritual based service. This field research will answer the question. First, how is application of ujrah determination in contract of rahn in BMT UGT Branch Sidogiri Waru Sidoarjo? The second, how is the analysis of the DSN-MUI fatwa NUMBER 25/III /2002 on the determination of ujrah in the contract of rahn in BMT UGT Branch Sidogiri Waru Sidoarjo? Data collection techniques used are interview, document review, and observation, then analyzed by using descriptive analysis method, with deductive thought pattern, that is theory of rahn, ijarah, and fatwa of National Sharia Council (DSN) with general characteristics and then linked with the facts on the ground about the fatwa of DSN-MUI NUMBER 25/III/2002 on the establishment of ujrah in the contract of rahn in BMT UGT Branch Sidogiri Waru Sidoarjo with special characteristics. From the results of the study, the author concludes the application of the determination of ujrah in the covenant of rahn in BMT UGT Branch Sidogiri Waru Sidoarjo, namely the determination of ujrah through two contracts, namely rahn and ijarah contract. The procedures for the implementation of the contract are as follows: Rahin (customer) comes to murtahin (BMT) while delivering marhun (collateral goods) then the goods will be estimated. As a result of this, the rahin will be subject to administrative costs. Then rahin signs the agreement or contract of rahn. After that, to entrust the goods hock, rahin must implement contract of ijarah (contract to rent place). Consequently it arise ujrah. In this case, it means that customer must implement two barrage of contract. The determination of ujrah applied in BMT is not in accordance with the Fatwa DSN-MUI NO: 25/DSN-MUI/ III/2002 because the determination of ujrah is determined from the amount of the customer’s loan, while the difference is the discount given to the customer for applying smaller loan. The determination of discount is determined from ujrah or ijarah fee charged to the customer. This discount is calculated based on the percentage of estimated value of customer’s loan amount
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Pettersen, Inger Johanne, Kari Nyland, and Geraldine Robbins. "Public procurement performance and the challenge of service complexity – the case of pre-hospital healthcare." Journal of Public Procurement 20, no. 4 (July 2, 2020): 403–21. http://dx.doi.org/10.1108/jopp-01-2020-0002.
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Purpose The purpose of this paper is to study the links between contextual changes, contract arrangements and resultant problems when changes in outsourcing regulatory requirements are applied to complex pre-hospital services previously characterized by relational contracting. Design/methodology/approach The study deployed a qualitative design based on interviews with key informants and extensive studies of documents. It is a longitudinal study of a procurement process taking place in a regional health authority covering the period 2006 to 2017. Findings A complex and longitudinal public procurement process where pre-hospital (ambulance) services are transformed from relational and outsourced governance to more formal arrangements based on legal and transactional controls, is described in detail. After several years, the process collapsed due to challenges following public scrutiny, legal actions and administrative staff resignations. The public body lacked procurement competencies and the learning process following the regulations was lengthy. In the end, the services were in-sourced. Research limitations/implications This study is based on one case and it should, therefore, not be generalized without limitations. Practical implications One practical implication of this study is that transactional contracts are not optimal when core and complex services are produced in inter-organizational settings. In public sector health-care contexts, the role of informal and social controls based on relational exchanges are particularly applicable. Social implications Acute health-care services essential to citizens’ security and health imply high asset specificity, frequency and uncertainty. Such transactions should according to theory be produced in-house because of high agency costs in the procurement process. Originality/value The paper contributes to the understanding of how the public procurement process can itself be complex, as managerial challenges and solutions vary along several dimensions and are contingent upon external factors. In particular, the study increases knowledge of why the design and implementation of outsourcing models may create problems that impede and obstruct control in a particular public sector context.
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Nwofia, Johnson Emeka. "Contracting Out Services in the Nigerian Local Government: Implications for Internal Revenue Generation." International Journal of Social Science Studies 6, no. 7 (July 4, 2018): 71. http://dx.doi.org/10.11114/ijsss.v6i7.3411.
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The primary reasons for creating the Nigerian local government system was grassroots mobilization and development. The Council has however, consistently failed to provide critical services to the rural poor ostensibly because of poor funding. The work examined the structure, functions and accountability mechanisms of the Council vis-à-vis its revenue generation capacity. The problem identified is that the Council contracts out services and its statutory revenue sources at ridiculous prices to patrons even in the face of fiscal cutback and burgeoning demand from the critical populace. Using the Local Government Discretion and Accountability Diagnostic Framework of Analysis and Financial Agency Theory, the paper found that lack of political, administrative and financial accountability mechanisms provides the leeway for unscrupulous Council officials to grossly enrich themselves and their patrons. The paper recommends that the Public Procurement Act which emphasizes Due Process in tendering should be institutionalized by the local government. The anti-graft agencies should be repositioned to deal with treasury looters while the electoral process should be reformed to make it more transparent and inclusive.
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Zeemering, Eric S. "Why Terminate? Exploring the End of Interlocal Contracts for Police Service in California Cities." American Review of Public Administration 48, no. 6 (April 3, 2017): 596–609. http://dx.doi.org/10.1177/0275074017701224.
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With the recent growth in interlocal contracts for municipal service delivery, insufficient attention has been given to city governments that choose to terminate interlocal contracts. The termination of interlocal contracts deserves scrutiny because theory points to multiple possible explanations for service change. This research examines the termination of interlocal contracts for police service delivery by California cities between 2001 and 2010. Public documents from the nine cities that terminated interlocal contracts are analyzed to assess rationale for termination. The stated reasons for termination include problems related to community responsiveness, the contract relationship, local control, service cost, service levels, and staffing. Grounded theory is advanced through analysis of the nine cities. The research refines our understanding of how cities weigh the costs and benefits of in-house production versus production through interlocal contract. While contract failure is evident in some cities, termination may also be explained as a process of vertical integration and service expansion. The research refines theories about local government service delivery and informs the practice of interlocal contract management.
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Zambrano, Diego. "Discovery as Regulation." Michigan Law Review, no. 119.1 (2020): 71. http://dx.doi.org/10.36644/mlr.119.1.discovery.
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This article develops an approach to discovery that is grounded in regulatory theory and administrative subpoena power. The conventional judicial and scholarly view about discovery is that it promotes fair and accurate outcomes and nudges the parties toward settlement. While commonly held, however, this belief is increasingly outdated and suffers from limitations. Among them, it has generated endless controversy about the problem of discovery costs. Indeed, a growing chorus of scholars and courts has offered an avalanche of reforms, from cost shifting and bespoke discovery contracts to outright elimination. Recently, Judge Thomas Hardiman quipped that if he had absolute power, he would abolish discovery for cases involving less than $500,000. These debates, however, are at a standstill, and existing scholarship offers incomplete treatment of discovery theory that might move debates forward. The core insight of the project is that in the private-enforcement context—where Congress deliberately employs private litigants as the main method of statutory enforcement—there is a surprisingly strong case that our current discovery system should be understood in part as serving regulatory goals analogous to administrative subpoena power. That is, discovery here can be seen as an extension of the subpoena power that agencies like the SEC, FTC, and EPA possess and is the lynchpin of a system that depends on private litigants to enforce our most important statutes. By forcing parties to disclose large amounts of information, discovery deters harm and, most importantly, shapes industry-wide practices and the primary behavior of regulated entities. This approach has a vast array of implications for the scope of discovery as well as the debate over costs. Scholars and courts should thus grapple with the consequences of what I call “regulatory discovery” for the entire legal system.
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Salcedo, Nestor U., Miguel Garcia-Cestona, and Katherina Kuschel. "Founding-owner’s dilemmas in an emerging market: from industrial Andina S.A. to NSG service stations." Emerald Emerging Markets Case Studies 10, no. 1 (January 3, 2020): 1–38. http://dx.doi.org/10.1108/eemcs-11-2019-0297.
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Learning outcomes A student can evaluate the variables related to the corporate governance decision for the future of the companies while simultaneously facing other internal factors, such as understanding the owner's address style. In addition, the student will be able to balance and weigh current resources, understanding that the conceptual frameworks of agency theory, resource dependence theory, agency and transaction costs, as well as the types of leadership and power are useful to understand this type of companies, common in emerging markets. Case overview/synopsis This case describes the actions of Nestor Salcedo Guevara, founding partner of Industrial Andina S.A. and owner of NSG Service Stations, companies focused on industrial manufacturing and retail fuel sales, respectively. The case covers a period of 40 years, from the founding of Industrial Andina S.A. in 1978, its restructuring into a family business in 1982, the strategic decisions concerning the political and economic situations from the eighties to the new millennium, and the creation of NSG Service Stations in the year 2000, until August 2018, when Nestor faced the decision to expand NSG Service Stations and reactivate Industrial Andina SA with new projects. Therefore, Nestor must decide the next steps for the future of both companies. This case study highlights several challenges of business economics and administrative strategy facing entrepreneurs or experienced managers and allows to discuss in class concepts of corporate governance such as ownership structure, incomplete contracts, management styles and defensive strategies associated with the power of the CEO - Owner. Complexity academic level Undergraduate students in Business Administration or Economics and post-graduate MBA. Business Economics courses, Strategic Management, Corporate Governance courses. Supplementary materials Teaching Notes are available for educators only. Subject code CSS 11: Strategy.
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Stražišar, Borut. "Is principle based legislation smart choice for capital market’s regulation." Journal of Governance and Regulation 1, no. 3 (2012): 107–13. http://dx.doi.org/10.22495/jgr_v1_i3_c1_p4.
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Global financial crisis in 2008 posted numerous questions about the reasons and triggers. In past three years world’s economic literature has been full of academic articles analysing each reason or trigger and scientific explanations of possible connections. Majority outcome was, that key factor was excessive use of derivatives and synthetic financial products, which were under regulated or not regulated at all. The outcome was that countries with developed financial markets introduced new regulations and controls in the field of derivatives and synthetic financial products. Term “systemic risk” was introduced in global financial market. But will this approach really prevent such global crisis? Submission is divided in three parts. First part deals with the theory of principle based regulation. Principle based regulation was firstly introduced in UK and latter accepted by European Union in the field of capital markets. It was a way, together with the Lamfalussy process, to make EU regulation acceptable for all member states. Instead of detailed prescribed behaviour, legislation texts prescribe only desirable goals. Implementation is left to each state or, even worse, to each supervised subject. So the implementation should depend on the capital market’s development, capital product’s structure, tradition, investment companies’ size etc. From a distant view, principle based legislation could be seen as a great legislation writing’s technique. It could be seen as an effective solution to regulate a fast developing field without need to change the regulation. But is it true? Second part of the submission addresses the legal questions and problems, connected to the principle based regulation starting with the validity of regulations. Broad definitions in Market in financial instruments Directive (MiFID), introduced for fast adaptation to new financial products and instruments, are now turning into dinosaurs. Contrary to US’s fast action, European Union is still discussing whether spot forex trade is financial instrument or not. On the other hand, broad and unclear definitions, represents a friendly environment for new casino’s financial products. Even recognised financial instruments (like derivatives and synthetic financial instruments) are recognised as gambling contracts by national courts within European Union. Problems with legal enforcement of financial contracts are mentioned also in common law’s literature. There are numerous pages describing the economic and financial essence of each derivative or synthetic financial instrument. But the chapters, dealing with the legal aspects, are short and end with a similar advice: “due to small number of case law and the danger, that courts could interpret such contracts as a gambling contract, we strongly advise to settle all disputes outside the court.” In case of numerous defaults unenforceability of contracts could be the poison pill for the trust in capital markets. Accepted solutions could also be a problem for administrative or criminal sanctions. Broad and unclear definitions could violate the basic principle “nullum crimen sine lege praevia.” And least but not last, in modern financial world sins are made in interpretations of details and not of principles. Third part of submission deals with the necessary assumptions for a workable principle based legislation. It starts with basic legal culture and generally accepted rule of law. It deals with the corporate culture, consumer’s organizations, financial markets and capable supervisors. Only when all the actors perform their expected roles, the principle based legislation could work properly.
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Malatesta, Deanna, and Craig Smith. "Contract amendments: for better or for worse?" International Journal of Public Sector Management 32, no. 6 (August 2, 2019): 635–52. http://dx.doi.org/10.1108/ijpsm-06-2018-0141.
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PurposePublic management researchers have successfully leveraged theory to advance the understanding of contracts and the different governance structures that underpin contract relationships. Yet there is still much to learn about the implications for different governance structures. Applying insights from property rights, the purpose of this paper is to examine the substance of initial government contracts and their subsequent amendments in order to determine whether allocation of decision rights leads to better or worse contract amendments.Design/methodology/approachThe authors evaluate the text of initial contracts and their subsequent amendments in 258 government–business relationships and focus on the implications of assigning key decision rights to the party with most relevant knowledge expertise.FindingsTwo primary findings are presented. First, initial contracts where knowledge expertise and the associated decision rights are co-located (i.e. integrated) are likely to be associated withex postadjustments that benefit both parties to the contract. Second, the authors find that this initial finding is likely a result of government integration as opposed to supplier integration.Originality/valueGiven that we know most professional service contracts require some form of contract amendment over time, this research helps us understand why some amendments will reinforce the collaborative (Pareto enhancing) nature of the relationship, while others may be more one sided (rent seeking). Unlike other theoretical approaches (e.g. transaction cost theory), property rights theory provides guidance for such decision making.
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Banevičius, Šarūnas. "Relevant Management Aspects of Health Tourism Networking." Socialiniai tyrimai 42, no. 2 (December 31, 2019): 30–42. http://dx.doi.org/10.21277/st.v42i2.270.
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The article deals with the process, concept, system and management aspects of health tourism networking. Addressing the problem of research: how to manage the networking process in health tourism. Summarizing the analysed scientific literature it can be stated that the participants of the network are not analysed individually. They are analysed in relation to other network participants, thus connecting them to a common system. Connections (links, interactions, contacts) between participants are a kind of interaction between two or more participants in a network when resources are transmitted over specific channels. Relationship is a concept that encompasses both form and content aspects. The dyadic level explores the nature of the connection between two or more network nodes. Examining the aspects of networking process management highlights the importance of strategic management and synergies with management theories: Fayol (administrative theory); agent-contract theory for networking partnerships. The aspects of management theories have applicability in the management of health tourism networking, and the decision-making process plays a crucial role – both individual and group decision making begins with a set of information that defines the situation, assesses expected benefits, anticipates possible choices, and possible consequences. The decision-making process ends with the choice of a specific alternative. By applying the CMO configuration model to the decision making process, a systematic solution mechanism is created for each problematic situation. In order for the Lithuanian health tourism segment and its organizations to function as an integrated system and develop along the path of sustainable development, it is expedient to develop a common strategy in the planning process, envisaging the vision, goals and objectives of Lithuanian health tourism and ensuring a feedback mechanism. To implement this process, it is recommended that a formal health tourism network (involving health service organizations, the scientific community) would be established, based on participant agreements. The aim of this network is to create and develop a variety of health tourism services. The resulting networks are formalized through contracts, legal acts, memoranda of understanding, general agreements, so the relationships, functions and responsibilities of their participants are clearly defined.
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李建良, 李建良. "行政契約法的體系思維與法制續造──尋繹行政法律關係論的新視角." 月旦法學雜誌 346, no. 346 (March 2024): 6–20. http://dx.doi.org/10.53106/1025593134601.
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Lanyasunya, Andrew Ropilo. "Remuneration level of security guards from Samburu community working in Nairobi." Journal of Law and Jurisprudence (JLJ) 2, no. 1 (January 25, 2023): 19–25. http://dx.doi.org/10.51317/jlj.v2i1.450.
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This study investigated the remuneration level of security guards from Samburu Community working in Nairobi. The study adopted, as its theoretical framework, the Interests Theory of human rights as described by Raz. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover; membership to a trade union; promotion at work and salary increment; and the nature of equipment and training for the job. The study involved all security guards from the Samburu community working in Nairobi as the population of study and individual security guards as the unit of analysis. Five areas of the city, that is, Westlands/Kabete, Lavington/Kangemi/Waithaka/Muthaiga/Thika Road, Karen/Lang’ata, South C/South B and Embakasi, were marked out as the places from which the study sample was taken. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were poorly remunerated. It recommended that the government of Kenya enforce a minimum salary of at least at the level of maximum un-taxable income and proper job contraction for security guards.
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Lanyasunya, Andrew Ropilo. "Remuneration level of security guards from Samburu community working in Nairobi." Journal of Law and Jurisprudence (JLJ) 1, no. 1 (January 25, 2023): 19–25. http://dx.doi.org/10.51317/jlj.v1i1.448.
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This study investigated the remuneration level of security guards from Samburu Community working in Nairobi. The study adopted, as its theoretical framework, the Interests Theory of human rights as described by Raz. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover; membership to a trade union; promotion at work and salary increment; and the nature of equipment and training for the job. The study involved all security guards from the Samburu community working in Nairobi as the population of study and individual security guards as the unit of analysis. Five areas of the city, that is, Westlands/Kabete, Lavington/Kangemi/Waithaka/Muthaiga/Thika Road, Karen/Lang’ata, South C/South B and Embakasi, were marked out as the places from which the study sample was taken. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were poorly remunerated. It recommended that the government of Kenya enforce a minimum salary of at least at the level of maximum un-taxable income and proper job contraction for security guards.
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Faur, Monica, and Constantin Bungău. "Proactive risk assessment via fuzzy approach in a decisional process of consignment stock program adoption." MATEC Web of Conferences 343 (2021): 07012. http://dx.doi.org/10.1051/matecconf/202134307012.
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The idea of adopting the consignment stock concept has enriched the landscape of efficient supply chains and their organizations, due to its major benefits in reducing inventory, compressing delivery time and increasing flexibility towards achieving agility and enhanced market responsiveness. The decision making process is a complex one, as besides the benefits and the economical and administrative aspects, there are also risks that must be identified, measured, assessed and managed. There is little research in the literature concerning the risks and constraints of consignment inventory implementation, while consignment contracts are widely applied in both physical and virtual supply chains. This paper introduces a model of proactive risk assessment via a fuzzy approach, allowing a sensitivity analysis of the identified risks in the matrix, in terms of probability to happen, degree of severity, impact and potential consequences, as well as mitigation. A fuzzy inference system is used to serve as assessment instrument, to fairly and more rigorously evaluate the risks, in order to avoid critical situations during or after program adoption, or even implementation failure. Fuzzy logic theory has been chosen to capture the uncertainty that usually occurs when dealing with risks and decision making. We believe that having these risk assessment insights at hand, managers and practitioners can achieve a better understanding of the challenges that come along with a new consignment program adoption, while allowing them to make the right and justified decision, in accordance with both benefit and risk considerations.
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Cotton, H. M., W. E. H. Cockle, and F. G. B. Millar. "The Papyrology of the Roman Near East: A Survey." Journal of Roman Studies 85 (November 1995): 214–35. http://dx.doi.org/10.2307/301063.
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Not all students of the Roman world may have realized that, following extensive discoveries in the last few years, Egypt has ceased to be the only part of the Empire from which there are now substantial numbers of documentary texts written on perishable materials. This article is intended as a survey and hand-list of the rapidly-growing ‘papyrological’ material from the Roman Near East. As is normal, ‘papyrology’ is taken to include also any writing in ink on portable, and normally perishable, materials: parchment, wood, and leather, as well as on fragments of pottery (ostraka). The area concerned is that covered by the Roman provinces of Syria (divided in the 190s into ‘Syria Coele’ and ‘Syria Phoenice’); Mesopotamia (also created, by conquest, in the 190s); Arabia; and Judaea, which in the 130s became ‘Syria Palaestina’. These administrative divisions are valid for the majority of the material, which belongs to the first, second and third centuries. For the earlier part of the period we include also papyri from Dura under the Parthian kings (Nos 34, 36–43, and 166), since they belong to the century before the Roman conquest and illustrate the continuity of legal and administrative forms; and five papyri from the kingdom of Nabataea, which after its ‘acquisition’ in 106 was to form the bulk of the new province of Arabia, on the grounds that in some sense dependent kingdoms were part of the Empire (Nos 180–184). Both groups are listed in brackets. We also include the extensive material from the first Jewish revolt (Nos 230–256) and from the Bar Kochba war of 132–5 (Nos 293–331), even though it derives from regimes in revolt against Rome. The private-law procedures visible in the Bar Kochba documents are continuous with those from the immediately preceding ‘provincial’ period (that of the later items in the ‘archive of Babatha’ and other documents). What changes dramatically after the outbreak of the revolt is language use: Hebrew now appears alongside Aramaic and Greek. But even as late as the third year of the revolt we find contracts in Aramaic. Our list at this point will supplement and correct that given by Millar in The Roman Near East, App. B.
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Musa, Musa. "Gadai Emas Prespektif Kepatuhan Syariah dan Hukum di Indonesia." TAWAZUN : Journal of Sharia Economic Law 3, no. 2 (September 8, 2020): 125. http://dx.doi.org/10.21043/tawazun.v3i2.7662.
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<p>In the practice of gold pawning in Islamic banking there are several costs that must be burden by customers. These costs include ujrah, administration, stamp duty, and insurance. Gold pawning transactions in Islamic banking must be identified whether they are in accordance with the concept that was stated or not. On the other hand, the practice of gold pawning is different from the policies issued by DSN. This study aims to determine the review of Islamic compliance and Islamic law against gold pawning in Islamic banking. The research method used is to use literature review, which is taken from books, articles, internet, and opinions of experts in their fields. Viewed from the aspect of sharia compliance, the reality of sharia banks uses as in the theory of sharia compliance policies in the gold mortgage financing process, namely the process of selling collateral and excess sales. While viewed from the aspect of Islamic law, the merging of the rahn and ijarah contracts is related to ta'alluq where the rahn contract is interdependent with the ijarah contract. The matter is permitted by DSN-MUI because between the rahn contract and the ijarah contract have different objects. While seen from the hadith gold pawn contract there are two contracts in one transaction, namely rahn contract and ijarah contract. This matter is prohibited in Islamic teachings.</p>
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Gatari, Catherine Njoki, Noor Ismail Shale, and Anthony Osoro Osoro. "Procurement Contract Management and Sustainable Performance of State Corporations in Kenya." International Journal of Supply Chain and Logistics 6, no. 2 (October 20, 2022): 25–37. http://dx.doi.org/10.47941/ijscl.1073.
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Purpose: The purpose of this study was to establish the effect of procurement contract management on sustainable performance of state corporations in Kenya.
Methodology: The research design used in this research was mixed-methods research design. The study focused on 187 state corporation as the target population. Census was applied where all state corporations were surveyed and purposive sampling was used to pick the finance manager and the procurement manager which resulted to 374 respondents. The study main source of data was primary data which was gathered using research questionnaires. The gathered data was assessed with the help of Statistical Package for Social Sciences (SPSS) Version 28. The study carried out both descriptive and inferential analysis to draw conclusions.
Results: The inferential analysis results revealed that procurement contract management had a significant and positive influence on the sustainable performance of state corporations in Kenya at p<0.05. This indicates that contract preparation, contract administration, contract control and monitoring and contract conflicts resolution mechanisms are crucial drivers of sustainable performance of an organization. The model summary found that a unit change in procurement contract management may account for a variability of 45.1% in a firm's sustainable performance. The R value for the model was 0.670 and the R2 was 0.451. This was a sign that the model was appropriate for establishing the link between procurement contract management and sustainable performance and, as a result, for drawing the conclusions and suggestions from the study.
Unique Contribution to Theory, Practice and Policy: While the existing theory of public contracts used in this study was validated, the study recommends that the government through the appropriate regulatory agencies and the management of public procuring entities have the mandate to make sure that appropriate oversight of the management of contracts in state corporations is carried out as a means of ensuring accountability and justice throughout the entire process. According to the study, policymakers and state regulatory organizations should take the lead in making sure that contracts are properly documented and that they are diligently and effectively managed to ensure full adherence to the rules and regulations.
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Onwonga, Mactosh, Prof George Achoki, and Dr Bernard Omboi. "EFFECT OF CASH TRANSPORT ON THE FINANCIAL PERFORMANCE OF COMMERCIAL BANKS IN KENYA." American Journal of Accounting 1, no. 2 (August 3, 2017): 16–35. http://dx.doi.org/10.47672/ajacc.277.
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Purpose: The main aim of the study was to assess the effect of cash transport on the financial performance of commercial banks in Kenya.Methodology: The research was carried out through a descriptive survey research design. The study population was all the 43 commercial banks registered and licensed to operate in Kenya. A multi stage sampling approach was used. In the first stage, a census of all the 43 commercial banks was conducted, that is, the units of analysis were the commercial bank. In the second stage, purposive sampling was used where two respondents from every organization were taken. The study used both primary and secondary data for analysis. Primary data was collected using questionnaires while secondary data was obtained using secondary data collection template. A multiple linear regression model was used to link variables.Findings: The study findings indicated a positive correlation between cash transport and financial performance of commercial banks. Cash transport was positively and significantly related to ROA. The study concluded that cash reconciliation is positively and significantly related to financial performance of commercial banks in Kenya,Unique contribution to theory, practice and policy: The study recommends that commercial banks and other financial institutions involved in handling of cash should have a cash transport policy which clearly stipulates how cash in transit should be handled, regularly review the contracts of companies which transport cash for them so as to avoid known routines, have tracking devices in the vehicles that transport cash, engage administrative police in security arrangements when transporting cash and invest in cash in transit measures like chase cars. The study recommended further studies to establish the effect of cash handling practices on financial performance of other financial institutions other than commercial banks. This will be crucial in comparison of the results and identification of more research gaps for future studies.
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Yuan, Quan. "Legal Model Construction Approach of Big Data Transaction Management in the Digital Information Perspective." Scientific Programming 2022 (May 9, 2022): 1–11. http://dx.doi.org/10.1155/2022/3181145.
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This paper constructs and applies the legal model of transaction management in the digital information perspective based on the approach of big data. To solve the problem, it is necessary to integrate various legal tools, construct an idealized legal model of big data transaction management, conduct interprofessional and interdisciplinary research on the big data transaction management problems that are difficult to be regulated by the existing legal norms, and selectively design and arrange the corresponding system, to provide the digital regulatory tools for the operation of the digital economy and promote the scientific and standardized development of the digital economy. Based on the decentralized blockchain platform, sealed bidding is used to achieve information isolation among nonconspiratorial data buyers, and through the big data auction algorithm, the purpose of the conspirators cannot be achieved and anticomplicity is realized. The model is based on smart contracts and combined with auction theory to achieve anticollision in the process of big data auctions. Based on the model, we construct an anticomplicity big data auction mechanism and dissect the big data auction algorithm. The correctness of the model and algorithm is demonstrated through simulation. After the data is hosted, the data will be completely owned by the big data trading center. In the data transaction process, the big data transaction center provides data resource information to data buyers, so that data buyers can select the required data. Second is the construction of a multilevel regulatory system in the administrative supervision of the construction of the central national security leading institutions led by the interregional collaborative regulatory system and in the industry self-regulatory supervision of the implementation of the data trading platform data trading supervision obligations. The balance between the development of the data trading industry and data trading security is comprehensively maintained from multiple perspectives of legislation and law enforcement.
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Jos, Philip H. "Social Contract Theory." American Review of Public Administration 36, no. 2 (June 2006): 139–55. http://dx.doi.org/10.1177/0275074005282860.
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Truntsevsky, Yuriy, and Vyacheslav Sevalnev. "Smart contract: from definition to certainty." Legal Issues in the Digital Age 1, no. 1 (May 4, 2021): 100–122. http://dx.doi.org/10.17323/2713-2749.2021.1.100.122.
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The purpose of the present article is to gain an understanding of the opportunities and difficulties created by the introduction and development of the practice of network (smart) contracts. Our research methodology is based on a holistic set of principles and methods of scholarly analysis employed by modern legal science. It uses a dialectical method involving both general approaches (structural system method, formal logical method, analysis and synthesis of individual elements, individual features of concepts, abstraction, generalization, etc.) and particular methods (legal technical, systematic, comparative, historical, and grammatical methods, method of the unity of theory and practice, etc.). We analyze the views of lawyers and other specialists from Russia and abroad, legislative innovations in the field of digital technologies, the practice of blockchain-based smart contracts, and the main risks (whether legal, technological, operational, or criminogenic) of smart contracts for economic activities with a study of their causes. In the present-day situation, it is necessary to move from the legal definition of the smart contract and its legal and technological characteristics, advantages and disadvantages to the implementation of startups in a wide range of areas, especially business, public regulation, and social relations. Scholarly and information support for such processes will contribute to the development of industry, public administration and digital technology applications to improve the life of individual citizens and society as a whole. The introduction of smart contracts does not require the adoption of new laws or regulations. Instead, one should adapt and, possibly, modify existing legal principles at the legislative and judicial levels to pave the way for the use of smart contracts and other new technologies. The system of contract law provides a sufficient framework for regulating transactions without the introduction of any new legal categories. We propose approaches to the legal definition of the smart contract and identify a set of problems that must be solved at the legislative and technical legal levels in order to implement smart contracts effectively in different spheres of life.
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Marković, Ivana. "THE ADMINISTRATIVE CONTRACT IN SERBIAN LAW." Administrative law and process, no. 4 (31) (2020): 87–99. http://dx.doi.org/10.17721/2227-796x.2020.4.08.
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The paper deals with the new legal institute of administrative contract in Serbian Administrative Law. It was introduced in 2016 in the Law on General Administrative Procedure (LGAP), establishing rules on its definition, modification and termination, objection due to non-performance and subsidiary application of law on obligations. The prevailing opinions from the Serbian legal theory are shown through the analysis of the relevant articles of the LGAP with regard to the administrative contract – its definition, modification and termination of administrative. It is to be underlined that the problematic issues concern the differing legal positions of the public body and the private entity as contracting parties, as well as the consequence of this – a disputed legal nature of the administrative contract. It is concluded that the administrative contract in Serbian Law has a particular legal regulation; that it cannot be equated to a pure administrative act, nor a civil contract. Its normative regime is characterized by an ambivalent legal nature, where two legally unequal wills come to an agreement on the establishment of a mutual commitment (obligation), but with effects for the public as well. Here, the public side of the contract has a stronger standing and can to a greater extent influence the content of the contract. Baring in mind the positive (flexibility, efficiency, direct fulfillment of contractual aims with less governmental compulsion) and the negative effects (possible corruption, “selling out” of sovereign rights, endangerment of the uniformity of the legal system) of this instrument, it can be anticipated that the fragmented character of the regulations of the LGAP on the administrative contract will induce judicial practice and legal theory to give answers that the legislator omitted to provide.
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Humeniuk, Iryna, and Oleh Skladanivskyi. "CONTROL OF QUALITY OF AUDITING SERVICES IN CONDITIONS OF MODERN INCLUSIVE ENVIRONMENT: THE THEORETICAL-PRACTICAL ASPECT." Інклюзивна економіка, no. 2 (October 27, 2023): 5–11. http://dx.doi.org/10.32782/inclusive_economics.2-1.
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Introduction. In the article in theory the modern checking of quality of public accountant services and professional ethics system is investigational and she is described component elements, the functions of regulators are exposed and analyses normatively is the legal providing; the dynamics of amount of subjects of public accountant activity, amount of orders of subjects of public accountant activity, actual volume of the rendered services, middle accuses of one subject of public accountant activity, amount of verifications, is certain in connection with a receipt from physical and legal persons, and also public organs of complaints, statements, appeals from that improper implementation of professional duties was seen by the subjects of public accountant activity on results a grant by them public accountant services and accordingly amount penalty, on their result for period 2015 -2017; directions of upgrading of public accountant services are reasonable within the framework of integration. Purpose. Purpose is theoretical and practical investigation of quality of audit services and professional ethics. Results. The analysis of generalized information on audit activity during 2015-2017 indicates changes due to the introduction of new legislative acts and from the side of regulators. For gaining of the aim it is defined the next tasks: the analysis of quantitative and qualitative indicators of audit activity and of system control of quality of audit services and professional ethics for the period of 2015-2017 years, the defining of directions of improvement of quality audit managing processes, substantiated directions of improvement of audit services quality within the framework of European integration. Subjects of mandatory quality control of audit services are subjects of audit activity that provide services for mandatory audit of financial statements. Quality control of audit services involves testing of internal procedures, verification of working documents, audit reports and other reports, contracts for the provision of audit services, internal administrative acts of the audit activity subject, which determine the policy and procedures to be applied in the provision of audit services.
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Neumann, Oliver. "“Giving Something Back to Society”: A Study Exploring the Role of Reciprocity Norms in Public Service Motivation." Review of Public Personnel Administration 39, no. 2 (March 13, 2017): 159–84. http://dx.doi.org/10.1177/0734371x17698187.
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Public service motivation (PSM) is often conceived as a predominantly other-concerned type of motivation. This study challenges this notion by investigating the role of reciprocity norms, which are rooted in self-concern, as a determinant of PSM. Taking up a debate on whether PSM may be a manifestation of reciprocity vis-à-vis society, I draw on a combination of psychological contract theory and social identity theory to substantiate previous theoretical linkages between these concepts. Using a sample of 205 Swiss police officers, I then empirically analyze the relationship between both positive and negative reciprocity norms and PSM. Thereby, I utilize societal identification, which is a prerequisite for the emergence of shared psychological contracts, as a moderator. Findings from moderated regression analyses support the theoretical arguments for the norm-based and affective but not the rational components of PSM. In sum, this study provides relevant insights into some of the self-concerned foundations of PSM.
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Kayumov, Bakhtiyor. "Public-Private Partnership In The Republic Of Uzbekistan: Foreign Theory And Problems Of Defining The Regulatory Sector." American Journal of Political Science Law and Criminology 03, no. 04 (April 11, 2021): 10–15. http://dx.doi.org/10.37547/tajpslc/volume03issue04-02.
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In this article, the author examines the problems of defining public-private partnership (PPP) from the point of view of the international theory and the experience of the Republic of Uzbekistan in this area. The views of foreign theorists, relevant international organizations, and scientists of the Republic of Uzbekistan regarding the term PPP are studied in detail. The author analyzes the relationship of PPP with the civil law contract and administrative law and concludes that the PPP agreement is classified as an unnamed contract in the Civil Code of the Republic of Uzbekistan. In conclusion, the author gives a proposal for improving the legislation of the Republic of Uzbekistan in the field of PPP.
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AlKheder, Sharaf, Waleed Abdullah, and Hussain Al Sayegh. "A socio-economic study for establishing an environment-friendly metro in Kuwait." International Journal of Social Economics 49, no. 5 (February 3, 2022): 685–709. http://dx.doi.org/10.1108/ijse-04-2021-0210.
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Purpose This paper aimed to study the optimal way to implement and subsequently manage the new metropolitan lines in the Kuwait city as well as to justify them from a social and economic-financial viability standpoint and the most important aspects of transport infrastructure projects viability. The implementation of new modes of transport in an urban environment requires the study of several factors that allow their incorporation on the transport system in the most efficient method. These factors include reviewing the organization of the transport system. The concept of transport system organization, financing models and common trends was defined. Finally, the Public Transport Authority was created to define global objectives and establish specific policies to achieve them was suggested.Design/methodology/approach After the analysis of the “status quo” of transport systems organization, the financing and management schemes, both infrastructure projects and the provision of rail service were analysed. The characteristics of the PPP scheme (Public–Private Participation) contract, advantages and disadvantages, its structure, and the definition and share of risk (matrix of risk, rights and obligations of the parties) as a key element of the PPP contracts were defined. From this point onwards, the legal framework in force in Kuwait was analysed, particularly the administrative and commercial regulations applying to this project and the authors verified that the economic-financial viability analysis suggested before can be established under this framework.Findings For the viability of these alternatives, the authors developed a simulation economic-financial model that reflects Financial Statements for the “Society Vehicle Project” and are considered some minimum thresholds of profitability, both from the viewpoint of the partners sponsoring the project as from the standpoint of lenders, which make attractive participation of private initiative. Finally, there was a short socio-economic analysis to justify the project implementation from a social standpoint. It analyses and quantifies the reduction of operating expenses of other modes of transport, travelling times, accident rates, environmental pollution etc. All these factors affect the quality of life of the population of Kuwait and are the main reason to carry out this project. Several recommendations were raised that aimed at preparing the projects, bidding and selection of private partner and the articulation and implementation of projects.Originality/value This research contributes to the existing body of knowledge through setting the framework for metro projects in arid regions with the hottest temperature on Earth such as Kuwait where such projects are missing completely. This work will be very helpful to governments and municipalities in taking investment decisions. It sets the strategy for utilizing the best of decision-making theory, identifying the reliability advantages and finding the larger economic effects. This work identified, through the analysis of alternative management options generally used in underground and rail projects in different parts of the world, the most convenient alternative in developing countries. It also clearly showed, through the analysis carried out on governmental contributions, how to obtain economic viability for such types of projects. Finally, it helped drawing a roadmap for preparing the projects, bidding and selection of private partner and the articulation and implementation of projects in Kuwait and Gulf Cooperation Countries (GCC).
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Orekhova, Svetlana V., and Marina V. Evseeva. "Technological Systems and Economy: a Heterodox Approach and Institutional Framework." Journal of Institutional Studies 12, no. 4 (December 25, 2020): 034–53. http://dx.doi.org/10.17835/2076-6297.2020.12.4.034-053.
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Technologies determine the level of innovative development and economic growth. The article studies a methodological platform for a new unit of analysis in economic science such technological system. This phenomenon involves the research program, the study of the specifics and features this mesolevel pattern. The methodological basis of the research includes Neoclassical and Neoinstitutional Economic theories, Strategic Management and Complexity Economic. The research program we apply a Heterodox approach as a set of the Contract theory, Evolutionary theory, Complexity Economic and Platform ecosystems. The authors define a technological system as an economic meso-level pattern that coordinate actions and knowledge about system and component technologies and functioning through the quasi-self-enforcing contracts based on standards and independent of property rights. Any meso-level pattern that has technological and institutional identity is a technological system. The types of technological systems in the economy are highlighted on the basis of the consolidated classification “blurring of the bundle of property rights to technology – the degree of technology decentralization”. The results create the basis for further research of identifying boundaries and analyzing the competitiveness of technological systems, as well as assessing public administration strategies in this area.
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Sujoko, Ajik. "ASAS KEBEBASAN BERKONTRAK DALAM PEMBERIAN KESEMPATAN PENYELESAIAN PEKERJAAN PENGADAAN BARANG/JASA PEMERINTAH (PBJP)." Masalah-Masalah Hukum 49, no. 2 (April 30, 2020): 136–47. http://dx.doi.org/10.14710/mmh.49.2.2020.136-147.
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Kontrak PBJP termasuk kontrak baku yang terdapat pembatasan asas kebebasan kontrak. Pemberian kesempatan penyelesaian pekerjaan dalam pelaksanaan kontrak PBJP dilihat dari penerapan teori melebur (opplosing theory) maupun konsep Privat-Administrative Contract. Sesuai teori melebur yang merupakan kontrak privat, hubungan antara “kontraktan” sebagai upaya menyelesaikan pekerjaan, bukan sebagai kewenangan pemerintah sebagai “kontraktan”, namun pada hubungan kontraktual didasarkan pada antara “hak dan kewajiban”. Berdasar konsep Privat-Administrative Contract, pemberian kesempatan bukan lagi dipandang pada “hak dan kewajiban” dalam berkontrak, namun wewenang pemerintah sebagai kontraktan dalam mengupayakan pekerjaan yang dilakukan oleh penyedia dapat selesai.