Artículos de revistas: "Administrative contracts validity"

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Almajali, Mohmmad Husien, Mohammad Basheer Arabyat, Faisal Tayel Alqudah y Mohamed F. Ghazwi. "Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation". International Journal of Religion 5, n.º 1 (9 de febrero de 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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Peng, Sha. "Invalidity of Contracts in Violation of Mandatory Provisions of Public Law: Judicial Practice in China". Academic Journal of Management and Social Sciences 5, n.º 2 (30 de noviembre de 2023): 167–69. http://dx.doi.org/10.54097/ajmss.v5i2.35.

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Researchers have always favored how mandatory provisions of public law affect the validity of contracts. After the implementation of China's Civil Law, how to recognize the invalidity of contracts that violate the mandatory provisions of public law has also been hotly debated by the theoretical and practical circles. From the perspective of the Civil Law, which fully respects the concept of private law autonomy, and from the perspective of assuming the validity of a contract as a prerequisite for the application of the law in practice, a contract that violates the mandatory provisions of public law shall, in principle, be presumed to be valid. In determining whether a contract that violates the mandatory provisions of laws and administrative regulations is null and void, it is necessary to carefully analyze whether the legislative purpose of the mandatory provisions will lead to the nullity of the contract, and at the same time, pay attention to the distinction between the mandatory provisions that result in the nullity of the contract and those that result in the contract not coming into effect, being of pending validity, or being voidable. Contracts that violate the mandatory provisions of local laws and regulations or administrative rules may be invalid because they violate public order and morals, but they are not invalid because they are "against the law".

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Kang, Ji Eun. "A study on conflict of interest in the process of concluding a public procurement contract: Focusing on recent French case law issues". Korea Association for Corruption Studies 28, n.º 3 (30 de septiembre de 2023): 161–86. http://dx.doi.org/10.52663/kcsr.2023.28.3.161.

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The Act on the Prevention of Conflict of Interest prohibits public officials from pursuing private interests in connection with the performance of their duties. The Act aims to ensure fair performance of duties, and to secure the public's trust in public administration. It was enacted and went into effect on May 19, 2022. It is not easy to find precedents in comparative law for regulations regarding conflict of interest situations. In particular, defining and determining the scope of conflict of interest involves evaluation and judgment on very comprehensive issues, such as procurement contracts. Conflicts of interest in public procurement are an area in which violations of public official duties, criminal punishment, administrative sanctions, civil suits for damages, and issues of contract validity can be complexly connected, and a systematic review of legal principles related laws and regulations. In France, regulations on conflict of interest were established relatively late, but judgements established a specific precedent for conflict of interest in the area of procurement contracts. Administrative court's strong will to comply with the principle of open and fair competition was revealed in that it confirmed that if a conflict of interest is recognized through judgement, it can lead to termination of concluded contract. French law cases can give a reference in relation to case analysis and precedent issues regarding the situations of conflict of interest. This paper examine French regulations on conflicts of interest focusing on public procurement contracts, and discuss the resolution of legal disputes regarding compliance with the obligation to open and fair competition in the process of concluding public procurement contracts.

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Buzescu, Gheorghe. "Procedure of public acquirement". Ars Aequi 12 (13 de abril de 2023): 382–91. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.242.

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The public procurement contract is an administrative contract, that is, an "agreement of will between a public authority in a position of legal superiority, on the one hand, and other legal subjects, on the other hand, through which the satisfaction of an interest is sought generally, by providing a public service, carrying out a public work or enhancing the value of a public good, subject to a regime of public power.The legal regime applicable to administrative contracts borrows certain characters from private law (e.g. validity conditions) but is distinguished by two essential elements: on the one hand the inequality of the parties and, on the other hand, the fact that the authority does not have a freedom of will similar to the contractual relationship in private law.

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Bakulina, Irina y Dmitry Kirillov. "Ban on Sham in Administrative Law: Problems of Validity". Legal Concept, n.º 4 (diciembre de 2022): 95–99. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.13.

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Introduction: in 2016, administrative liability was introduced for violating the ban on the registration of sham accounting objects in the accounting registers, including sham transactions (hereinafter, referred to as the “ban on sham”). For more than five years, these elements have not found any targeted analytical understanding in the professional scientific and legal books, nor reflected in the practice of administrative offenses. Meanwhile, the “ban on sham” creates problems, preventing bona fide organizations from implementing the principle of freedom of contract, forcing them to distort their will in the form of refusing to conclude unnamed contracts, simplifying business relations, incurring the costs of auditing sham, etc. These circumstances have predetermined the purpose of the study – to identify the reasons for the lack of reaction of legal science and practice to the “ban on sham”, to assess its validity. Methods: dialectics, conceptual analysis, and the comparative legal method. Results: the common reasons for inattention to the “ban on sham” are the mega-branch, and therefore, unclear for most legal scholars, nature of the basic concept of “sham accounting objects”; the complexity of proving violations of the “ban on sham”. Special reasons for such inattention are the contradiction between the absence of a ban on sham transactions and the punishability of actions to include transactions in the accounting registers; the identification of sham transactions and sham accounting objects in the legislative documentation; the possibility of qualifying violations of the “ban on sham” by related sets of facts. The legal groundlessness of the introduction of the “ban on sham” is shown. An approach to the correction of the legislation is proposed. The scope of application of the results is administrative, financial, civil, constitutional law, legal research, law enforcement, and lawmaking. Conclusions: the amendments to the legislation on accounting and the abolition of the “ban on sham” are required.

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Henry Aspan. "STRATEGI PEMERINTAH DALAM MENEKAN WANPRESTASI DALAM PENGADAAN KAPAL". Public Service and Governance Journal 4, n.º 1 (30 de mayo de 2023): 83–92. http://dx.doi.org/10.56444/psgj.v4i1.809.

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The sale and purchase of ships carried out by institutions with Indonesian citizenship and foreign countries must pay attention to various basic principles regulated by the government. These basic principles are used and must be established for the preparation of a contract so that the parties avoid things that can harm both the seller and the buyer in terms of administration in government. The administration of buying and selling ships is included in the class of buying and selling goods whose legality of ownership must be in accordance with the standards set by the government. When buying and selling or procurement contracts are regulated based on international private law which contains several theories related to the preparation of an agreement or contract. If a ship purchase agreement does not fulfill one of the administrative elements set by the government, the agreement is considered invalid or canceled. The validity of an agreement that has been made by the parties according to Gunawan Wijaja, namely the agreement must contain validity, both the validity of which is questioned by one of the parties or other matters. In implementing the sale and purchase agreement of ships between Indonesia and foreign countries, it must be by the provisions of the sale and purchase agreement that has been determined, which can refer to agreements in international private law. It is hoped that the government of both Indonesia and foreign countries can make a wise decision in determining the cancellation of an agreement by examining or exploring further the causes of the cancellation of the sale and purchase agreement.

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Kim, Jae Hyung. "A Dialogue between Public and Private Law". Korean Association of Civil Law 105 (31 de diciembre de 2023): 3–36. http://dx.doi.org/10.52554/kjcl.2023.105.3.

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The legal domain has traditionally been segmented into public and private law. Private law is rooted in the principle of private autonomy that is premised on individual liberty. Conversely, public law centers on the adininistration and regulation of public authority. Despite these distinctions, public and private law overlap significantly in their research topics, methodologies, and goals. As such, collaboration and mutual learning between these spheres are crucial. Consequently, establishing a platform for dialogue among scholars from both fields is deemed valuable. This paper delves into the criteria that differentiate public from private law, examining their interrelation through constitutional and civil law, alongside administrative and civil law. It scrutinizes the nexus between public and private law, with a focus on Supreme Court precedents concerning personality rights, the third party effect (Drittwirkung) of fundamental rights in private relationships, interpretations of law in alignment with the Constitution, the analogy of private law regulations to public contracts or public law contracts, the validity of a contract contravening administrative regulations, the liability for state compensation for unlawful administrative conduct, and the demarcation of jurisdiction between civil and administrative proceedings. Public and private law have evolved in tandem, influencing each other. Their dem邱ation is more a product of historical development and relativity than a priori or theoretical constructs. Recent Supreme Court rulings demonstrate an increasing interplay between public law, including constitutional provisions, and the interpretation and application of civil law, and vice versa. In this scenario, promoting an active dialogue between scholars of public and private law is anticipated to substantially enhance both disciplines, as well as the legal system as a whole.

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Kilinkarov, Vladimir Vital'evich y Bulat Askarovich Ponomarev. "The civil Nature of public-private Partnership Agreements". Юридические исследования, n.º 2 (febrero de 2023): 44–54. http://dx.doi.org/10.25136/2409-7136.2023.2.38640.

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The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.

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Arianto, Iqbal Aji y Sri Sudiartri. "Persepsi Pegawai Kantor Desa terhadap Penggunaan Jasa Bank Syariah:". VISA: Journal of Vision and Ideas 3, n.º 1 (18 de septiembre de 2022): 1–12. http://dx.doi.org/10.47467/visa.v3i1.1239.

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The goal of this study was to discover why employees of the Laut Dendang village office choose to use the services of a sharia bank, and what factors influence their knowledge and attitudes. Field research using a qualitative approach is what this type of study is called. Employees at the Laut Dendang village office served as data sources for this study. Data collection is done by observation, interviews, and documentation, while data processing and analysis procedures are done in four stages: data reduction, data presentation, conclusion drafting, and data validity verification. The study's findings revealed that employees at the Laut Dendang village office have a positive attitude toward using Islamic banks, as evidenced by the employees' knowledge that Islamic banks are free of usury and that Islamic banks have contracts and profit sharing systems, making them less burdensome and harmful to those who have made the contract. Employees benefit from Islamic banks' knowledge and attitude toward their services, as well as cheaper administrative costs. Employees at the Laut Dendang village office primarily use traditional banking services as long-term savings. Keywords: Perception, Employees, Islamic Bank

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Arianto, Iqbal Aji y Sri Sudiartri. "Persepsi Pegawai Kantor Desa terhadap Penggunaan Jasa Bank Syariah:". VISA: Journal of Vision and Ideas 2, n.º 3 (18 de septiembre de 2022): 1–12. http://dx.doi.org/10.47467/visa.v2i3.1239.

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The goal of this study was to discover why employees of the Laut Dendang village office choose to use the services of a sharia bank, and what factors influence their knowledge and attitudes. Field research using a qualitative approach is what this type of study is called. Employees at the Laut Dendang village office served as data sources for this study. Data collection is done by observation, interviews, and documentation, while data processing and analysis procedures are done in four stages: data reduction, data presentation, conclusion drafting, and data validity verification. The study's findings revealed that employees at the Laut Dendang village office have a positive attitude toward using Islamic banks, as evidenced by the employees' knowledge that Islamic banks are free of usury and that Islamic banks have contracts and profit sharing systems, making them less burdensome and harmful to those who have made the contract. Employees benefit from Islamic banks' knowledge and attitude toward their services, as well as cheaper administrative costs. Employees at the Laut Dendang village office primarily use traditional banking services as long-term savings. Keywords: Perception, Employees, Islamic Bank

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Arianto, Iqbal Aji y Sri Sudarti. "Persepsi Pegawai Kantor Desa terhadap Penggunaan Jasa Bank Syariah". VISA: Journal of Vision and Ideas 3, n.º 1 (28 de mayo de 2022): 97–105. http://dx.doi.org/10.47467/visa.v3i2.1239.

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The goal of this study was to discover why employees of the Laut Dendang village office choose to use the services of a sharia bank, and what factors influence their knowledge and attitudes. Field research using a qualitative approach is what this type of study is called. Employees at the Laut Dendang village office served as data sources for this study. Data collection is done by observation, interviews, and documentation, while data processing and analysis procedures are done in four stages: data reduction, data presentation, conclusion drafting, and data validity verification. The study's findings revealed that employees at the Laut Dendang village office have a positive attitude toward using Islamic banks, as evidenced by the employees' knowledge that Islamic banks are free of usury and that Islamic banks have contracts and profit sharing systems, making them less burdensome and harmful to those who have made the contract. Employees benefit from Islamic banks' knowledge and attitude toward their services, as well as cheaper administrative costs. Employees at the Laut Dendang village office primarily use traditional banking services as long-term savings. Keywords: Perception, Employees, Islamic Bank

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GORDO CANO, DIANA. "Desafíos y soluciones para la efectiva incorporacion de cláusulas sociales a la contratación pública". RVAP 127, n.º 127 (1 de diciembre de 2023): 63–115. http://dx.doi.org/10.47623/ivap-rvap.127.2023.02.

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El trabajo analiza la importancia de la compra socialmente responsable desde la perspectiva práctica de la validez de los contratos en que se incorpora. En particular, se trata de analizar el impacto que la inclusión de cláusulas o criterios sociales van a tener en estos contratos y se ofrecen pautas prácticas para incluirlas según la fase del contrato en la que se introduzcan. Se estudian especialmente las limitaciones que los tribunales administrativos de recursos contractuales imponen a estas cláusulas y la inseguridad que se ha generado, así como propuestas de solución al respecto. Sozialki arduratsua den erosketaren garrantzia aztertzen du lan honek, ikuspegi praktiko hau oinarri hartuta: erosketa mota hori txertatzen duten kontratuen baliozkotasuna. Zehazki, kontratu horietan klausula edo irizpide sozialak txertatzeak zer eragin izango duen aztertu nahi da, eta horiek txertatzeko jarraibide praktikoak eskaintzen dira, kontratuaren zein fasetan sartuko diren kontuan hartuta. Kontratu-errekurtsoen administrazio auzitegiek klausula horiei ezartzen dizkieten mugak eta sortu den segurtasun eza aztertu dira bereziki, eta konponbide-proposamen batzuk eskaintzen dira. The paper analyzes the importance of socially responsible public procurement from the practical perspective of the validity of the contracts in which they are incorporated. In particular, the aim is to analyze the impact that the inclusion of social clauses or criteria shall have on these contracts and there are provided practical guidelines for their inclusion depending on the stage of the contract at which they are introduced. In particular, the limitations imposed on these clauses by the administrative tribunals for contractual remedies and the uncertainty that has arisen, as well as proposed solutions, are examined.

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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة". Twejer 3, n.º 3 (diciembre de 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.

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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract

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Silaigwana, Blessing y Douglas Wassenaar. "Research Ethics Committees’ Oversight of Biomedical Research in South Africa: A Thematic Analysis of Ethical Issues Raised During Ethics Review of Non-Expedited Protocols". Journal of Empirical Research on Human Research Ethics 14, n.º 2 (24 de enero de 2019): 107–16. http://dx.doi.org/10.1177/1556264618824921.

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In South Africa, biomedical research cannot commence until it has been reviewed and approved by a local research ethics committee (REC). There remains a dearth of empirical data on the nature and frequency of ethical issues raised by such committees. This study sought to identify ethical concerns typically raised by two South African RECs. Meeting minutes for 180 protocols reviewed between 2009 and 2014 were coded and analyzed using a preexisting framework. Results showed that the most frequent queries involved informed consent, respect for participants, and scientific validity. Interestingly, administrative issues (non-ethical) such as missing researchers’ CVs and financial contracts emerged more frequently than ethical questions such as favorable risk/benefit ratio and fair participant selection. Although not generalizable to all RECs, our data provide insights into two South African RECs’ review concerns. More education and awareness of the actual ethical issues typically raised by such committees might help improve review outcomes and relationships between researchers and RECs.

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Stražišar, Borut. "Is principle based legislation smart choice for capital market’s regulation". Journal of Governance and Regulation 1, n.º 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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Shalev, Gabriela. "Forty Years of Contract Law". Israel Law Review 24, n.º 3-4 (1990): 657–73. http://dx.doi.org/10.1017/s0021223700010141.

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With the establishment of the State of Israel and the enactment of sec. 11 of the Law and Administration Ordinance, 1948, Israeli law absorbed the Mandatory law which had applied prior to independence. Israeli contract law of forty years ago was comprised of two main components: Ottoman law and English law.The component of Ottoman law consisted primarily of theMejelleand of the substantive provisions of the Ottoman Code of Civil Procedure. Some of the books of theMejelleregulated important contractual transactions, such as sale and lease. The Ottoman Code of Civil Procedure included provisions concerning compensation for damage, but the most important and significant provision was sec. 64, which established, in our law, the principle of freedom of contract. By virtue of this section, validity was conferred upon all contracts made in Israel, except those contrary to statutory law, to morality or to public order, and the power of the parties to a contract to contract out of the provisions of theMejellewas accorded recognition.

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Mediawati, Noor Fatimah. "KEABSAHAN KONTRAK SISTEM ADMINISTRASI BADAN HUKUM". JKMP (Jurnal Kebijakan dan Manajemen Publik) 1, n.º 1 (7 de noviembre de 2016): 97. http://dx.doi.org/10.21070/jkmp.v1i1.430.

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Legal administrative system (sisminbakum) imposed on the environment directorate general of general legal administration (Ditjen AHU) in order to improve the function of legal services by utilizing a computer or website, such as request for approval of the company. This step is taken to overcome the inertia of the manual system. Sisminbakum service users must pay a non-tax revenues (PNBP), also must pay of charge access fees. It is the origin of alleged corruption by all relevant parties. This article explores the validity of the contract includes an agreement (contract Sisminbakum), with the assumption that if the contract is proven valid, this is not worthy of the parties concerned in it jailed. This can be understood that a contract law as the law-makers.

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Hasna Nadhya, Amanda. "Pengaruh Disrupsi Era Digital Terhadap Akta Notaris Sebagai Alat Bukti Autentik". Jurnal Officium Notarium 2, n.º 1 (1 de abril de 2022): 1–12. http://dx.doi.org/10.20885/jon.vol2.iss1.art1.

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This study aims to discuss the effect of disruption of the digital era on Notary deeds as authentic evidence. The problems to be answered are first, what is the effect of disruption brought by digital era on Notary Deeds as authentic evidence; and second, how is the validity of Notary Deeds as authentic evidence amidst the said disruption brought by digital era? The method used is a normative legal research, by using a statutory approach through examining all the laws related to the problem. The data collection techniques were in the form of literature studies, document studies and interviews. Data were collected and analyzed in a descriptive-qualitative manner. The results of the study show that First, disruption affects publicity and non-publicity of the Notary Deeds, namely Notaries who have begun to transition from conventional methods to the use of information technology, hence that all legal entity settlements which include legal entities are carried out by the Legal Entity Administration System (SABH) and AHU online. Meanwhile, the notary's non-publicity deed, namely online contract law or non-contact contracts, is one of the norms or legal rules that develop and keep up with the times, this is due to the principle of freedom of contract. Second, the evidentiary power of the notary's publicity deed is based on the Decree of the Minister of Law and Human Rights Number M-05 HT.01.01 of 2002, while the validity of electronic contracts has been recognized by laws and regulations, as long as it is agreed upon by the parties concerned. At present this applies to non-publicity deeds only made based on non-contact contracts or electronic contracts, but regarding the signature it is only a certain object. An electronic signature can be used if the signature is certified, namely an electronic signature that uses an Electronic Certificate from the services of an Indonesian Electronic Certification Operator (PSrE) that is recognized by the Ministry of Communication and Informatics (Ministry of Communication and Informatics)

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Golovina, S. Yu y L. V. Zaytseva. "Electronic personnel document management: from legal experiment to practice". Law Enforcement Review 6, n.º 2 (22 de junio de 2022): 241–56. http://dx.doi.org/10.52468/2542-1514.2022.6(2).241-256.

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The subject. The introduction of electronic technologies into management processes has led to the need to regulate the issues of the use of electronic personnel document management (further - EPDM). In the spring of 2020, Russia was conducting a legal experiment on the use of electronic documents related to work. As part of this experiment, according to the rules established by federal law, individual employers voluntarily refuse to issue certain types of personnel documents in paper form. It concerned employment contract and other contracts with an employee (on financial responsibility, apprenticeship), a vacation schedule, employee statements, as well as regulatory and organizational and administrative documents of the employer on labor (orders on admission, dismissals, penalties, etc.). The results of this experiment became the basis for the introduction of appropriate amendments to the Labor Code of the Russian Federation.The main purpose of the study is to develop recommendations for improving the current labor legislation for the legalization of electronic personnel document management as part of a system of measures to achieve the maximum balance of interests of employees and employers.The main methods of the research are the analysis and generalization of judicial practice on labor disputes related to the evaluation of electronic evidence, the practice of using electronic personnel document management by individual employers, both participating and not participating in the legal experiment conducted at the federal level.The main results, scope of application. The preliminary results of above mentioned experiment have been summarized and an assessment of the validity and potential effectiveness of the draft law submitted to the Russian Federal Assembly has been given. The authors propose the results of a critical analysis of the interim results of the legal experiment on the introduction of EPDM. The authors demonstrate the pros and cons of electronic document management in terms of the readiness of the current legislation for it, as well as subjects of labor relations. The innovations of the prepared draft law on the introduction of a new article 22.1 to the Russian Labor Code as well as its positive aspects and some shortcomings are considered. Not only legal and technical shortcomings are indicated, but also some fundamental substantive contradictions. For example, a negligent attitude to the involvement of employees in making managerial decisions in the social and labor sphere due to the establishment of a trade union monopoly in a number of issues of social dialogue when introducing electronic personnel document management. The draft law does not consistently address issues related to security, enhanced qualified signature and the costs associated with obtaining it by an employee. The modern attitude of Russian courts to electronic evidence in labor disputes is demonstrated by the example of judicial practice. These examples demonstrate the most pressing issues of the introduction and use of EPDM, which need to be resolved at the legislative level. There is a need for effective protection of all participants in labor relations in the context of the development of digital technologies and their implementation in the daily life of each person.Conclusions. Adoption of new federal law regulating EPDM was necessary to establish general rules for employee-employer interaction in the digital environment, as well as for legalization of the exchange of electronic documents as a way of labor management.

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Mika, Adam. "Znaczenie Biuletynu Informacji Publicznej w zapewnieniu jawności działań administracji publicznej na przykładzie zamówień publicznych". Prawo 323 (29 de diciembre de 2017): 277–87. http://dx.doi.org/10.19195/0524-4544.323.25.

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The importance of Public Information Bulletin BIP for realizing transparency of public administration activities in public procurement area Public Information Bulletin BIP has a great influence on direct access to public information. Its importance is bigger and bigger in Public Procurement Law nowadays. Publications in BIP are currently required in cases of in house-procurement and public contracts for social and other specific services. The aim of this paper is to evaluate the impact of BIP on transparency of public administration activities in public procurement area, especially the impact of the lack of publication in BIP on validity of contracts.

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Flynn, Anthony. "Grieving the loss of a public contract: De La Rue and the Brexit passport". Journal of Public Procurement 20, n.º 1 (21 de noviembre de 2019): 20–37. http://dx.doi.org/10.1108/jopp-06-2019-0035.

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Purpose This paper aims to examine how firms react to the loss of a major government contract. Reactions to contract loss are yet to be properly studied in public procurement. Design/methodology/approach The hypothesis is that contract loss triggers a five-stage grieving process, as predicted by the Kubler-Ross model. The hypothesis is tested using the recent UK passport contract in which the British supplier, De La Rue, lost to the Franco-Dutch supplier, Gemalto. Secondary data from corporate publications, news reporting, parliamentary debates and trade union press releases is used to compile the case. Findings The findings show that De La Rue and its supporters passed through the five stages of grief in response to their loss. De La Rue initially exhibited denial by vowing to appeal the decision. Next came anger directed at the UK Government. An attempt to bargain was made during the standstill period. Depression set in after De La Rue admitted it would not appeal. Finally, acceptance was indicated by De La Rue pursuing new opportunities in the product authentication market. Research limitations/implications The study is based on a single case. Further case research is warranted to test the external validity of the results. Practical implications By debriefing unsuccessful bidders and listening to their viewpoint, public buyers can help to assuage the anger that accompanies contract loss. Social implications Elected representatives, the media and civic society groups have vested interests in the outcome of contract competitions. Moreover, they use their agency in pursuit of their own interests, whether through political bargaining, lobbying or editorials. Originality/value The paper demonstrates that the Kubler-Ross model of grieving has utility for understanding reactions to loss in a public procurement context.

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Różowicz, Konrad. "Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą". Studia Prawa Publicznego, n.º 2(14) (4 de diciembre de 2019): 147–67. http://dx.doi.org/10.14746/spp.2016.2.14.6.

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The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, ﬁnancial penalties, and, indirectly, the actions taken by contractors. The inﬂuence of such decisions is of theoretical and practical signiﬁcance and justiﬁes an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

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23

Różowicz, Konrad. "Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą". Studia Prawa Publicznego, n.º 2(14) (24 de septiembre de 2018): 147–67. http://dx.doi.org/10.14746/stpp.2016.2.14.6.

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The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, ﬁnancial penalties, and, indirectly, the actions taken by contractors. The inﬂuence of such decisions is of theoretical and practical signiﬁcance and justiﬁes an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

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24

Pavlovskyi, O. "REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)". Uzhhorod National University Herald. Series: Law, n.º 63 (9 de agosto de 2021): 195–98. http://dx.doi.org/10.24144/2307-3322.2021.63.34.

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In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

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Kimeo, Josphat Mutua y Dr John Achuora. "Influence of Contract Administration on Performance of Parastatals in Kenya". International Journal of Supply Chain and Logistics 4, n.º 3 (3 de diciembre de 2020): 70. http://dx.doi.org/10.47941/ijscl.491.

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Purpose: The study helped to unearth the influence of contract administration on performance of parastatals in Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The study preferred this method because it allows an in-depth study of the subject. The target population was all the 187 parastatals in Kenya. Questionnaires were administered to collect qualitative and quantitative data from a sample of 127 heads of procurement, who were selected using simple random sampling, from the four strata. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 22. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analyses were used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Results and conclusion: The results of regression analysis revealed there is a significant positive relationship between dependent variable and the independent variable. R square value of 0.647 means that 64.7% of the corresponding variation in performance of parastatals in Kenya can be explained or predicted by (management strategy, monitoring and evaluation, shareholder management and conflict resolution) which indicated that the model fitted the study data. The results of regression analysis revealed that there was a significant positive relationship between dependent variable and independent variable at (β = 0.647), p=0.000 <0.05).Based on the study findings, the study concludes that performance of parastatals can be improved by management strategy, monitoring and evaluation, shareholder management and conflict resolution. First, in regard to management strategy, the regression coefficients of the study show that it has a significant influence on performance of parastatals.Unique contribution to theory, policy and practice: The study recommended that public institutions should embrace contract administration so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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Praticò, Filippo Giammaria y Antonio Casciano. "VARIABILITY OF HMA CHARACTERISTICS AND ITS INFLUENCE ON PAY ADJUSTMENT". Journal of Civil Engineering and Management 21, n.º 1 (23 de diciembre de 2014): 119–30. http://dx.doi.org/10.3846/13923730.2013.802713.

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The goal of this paper is to formalize and validate a model in order to determine a pay adjustment on the basis of mechanical and functional performance of transportation infrastructures. A model to determine the pay adjustment based on life expectancy of a pavement and the variability of its main properties was formulated. Five different paths and points of view are used in order to obtain information on model suitability and robustness. An algorithm has been proposed to estimate a pay adjustment (PA, negative or positive), based on life cycle cost analysis, when both structural and non-structural deficiencies/surplus in characteristics are detected. The five different methodologies, used for deriving PA, demonstrate the validity of the model in which the PA depends on both position and dispersion measures. It has been demonstrated that the model can help in analysing a project and construction management under a common framework. Analyses and validation demonstrate that the proposed model can efficiently overcome typical problems in PA determination and in contract administration, where decisions based upon objective and sound criteria are needed. Both practitioners and researchers are expected to benefit from the outcomes of this study.

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Williams, Adam M., Fion Lau y Clifford P. McCue. "Acknowledging knowledge". Journal of Public Procurement 18, n.º 1 (5 de marzo de 2018): 50–67. http://dx.doi.org/10.1108/jopp-03-2018-004.

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Purpose The purpose of this paper is to examine the knowledge public procurement professionals perceive as important for performing their duties. Design/methodology/approach Using secondary data generated from a job analysis study commissioned by the Universal Public Procurement Certification Council [UPPCC], this paper examined the knowledge sets that procurement officials recognize as necessary and sufficient for daily operations and professional development. Findings Principal Component Analysis is used to validate the six domains of knowledge covered on the survey. This paper identifies sets of core knowledge domains that are essential for procurement administration, including sourcing, negotiation process, contract administration, supply management and strategic procurement planning. Originality/value Furthermore, the authors incorporated anecdotal commentary information from the same survey to determine what additional professional development and continuing education opportunities procurement officials are seeking to improve performance in their current and future work roles.

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Guruge, Deepani B. y Rajan Kadel. "Towards an Holistic Framework to Mitigate and Detect Contract Cheating within an Academic Institute—A Proposal". Education Sciences 13, n.º 2 (31 de enero de 2023): 148. http://dx.doi.org/10.3390/educsci13020148.

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There has been a growing number of contract cheating incidents recorded in Australia’s higher education system. Such activities create a significant threat to the validity and integrity of qualifications obtained by students. This paper introduces a conceptual framework to combat contract cheating by compiling the findings on domain analysis, institute-wide policy analysis, and by applying self-efficacy theories. The literature review on domain analysis lays out two state-of-the-art strategies to combat contract cheating: detect and mitigate the opportunities. Policy document analysis sheds some light on existing operating mechanisms for handling contract cheating cases and the gaps need to be addressed. The proposed framework has three tiers: Awareness, Monitoring and Evaluation. At the awareness level, students’ awareness concerning contract cheating is enhanced by several activities, and staff skills are strengthened by professional activities. At the monitoring level, student activities associated with assessments are recorded using a Pre-Designed Template (PDT) and are monitored by analysing the data in three databases; Monitoring database, Academic Integrity breach database, software analysis data. At the evaluation level, the institutional policies, procedures and services related to contract cheating are evaluated and revised on a regular basis, using feedback mechanisms. This holistic approach may discourage contract cheating by increasing the awareness among students, developing professional skills of staff and organising continuous course-wide student monitoring using various databases. Finally, the proposed approach fills the gaps in the existing system by utilising a systematic process to evaluate an institute’s policies, procedures and services.

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Haryanto, Wira Agustian Tri, Muhammad Irayadi y Andri Wahyudi. "Legal Analysis of Cryptocurency Utilization in Indonesia". Rechtsnormen Journal of Law 1, n.º 2 (24 de julio de 2023): 67–76. http://dx.doi.org/10.55849/rjl.v1i2.390.

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Background. Bitcoin is the world's first digital currency that uses the concept of Cryptocurrency, which is a digital asset designed as a medium of exchange using cryptographic techniques to secure transactions and control the administration of its currency units that are likely to continue to grow in the future. Based on Law No. 7 of 2011 on Currency or cryptocurrencies, Bitcoin cannot be considered as legal tender in Indonesia. Purpose. It is said to be a means of payment because the means of payment in Indonesia is the Rupiah, but based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, crypto assets are one of the commodities that can be used as the subject of futures contracts traded on futures exchanges. Method. his research uses a statute approach. In addition, a case approach is also used to find out the ratio decidendi used by the Constitutional Court judges in deciding cases of judicial review of laws related to indigenous peoples. Results. This type of research is normative juridical research. The nature of research in this research is descriptive analytical. The type of data used in this research is library research. The validity of crypto asset transactions based on Indonesian contract law which refers to the Civil Code is valid because it fulfills the terms of the agreement in article 1320 of the Civil Code and is supported by the principles contained in the Civil Code itself, including the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. Therefore, crypto asset transactions are also legalized according to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) because crypto asset transactions are carried out online through the internet network. Conclusion. The Indonesian government then compiled several rules to accommodate interests as guidelines and clarity for the public regarding the government's recognition of the existence of bitcoin and virtual currencies, namely through the policy of the Minister of Trade of the Republic of Indonesia Number 99 of 2019, and based on the rules of the Bappebti Regulation Number 5 of 2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange.

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MWENDWA, MICHAEL MWINZI y Dr GEORGE OCHIRI. "INFLUENCE OF CONTRACT MANAGEMENT PRACTICES ON PERFORMANCE OF STATE CORPORATIONS IN KENYA". International Journal of Supply Chain and Logistics 3, n.º 1 (29 de marzo de 2019): 50. http://dx.doi.org/10.47941/ijscl.v3i1.283.

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Purpose: The study helped unearth the influence of contract management practices on performance of state corporations in Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The study preferred this method because it allows an in-depth study of the subject. The target population was all the 187 state corporations in Kenya. Questionnaires were administered to collect qualitative and quantitative data from a sample of 127 heads of procurement, who were selected using simple random sampling, from the four strata. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 20.0. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analyses was used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Results: The response rate of the study was 82%. The findings of the study indicated that administration strategy, monitoring and evaluation, stakeholder management and conflict management have a positive relationship with performance of state corporations in Kenya.Conclusion: Based on the study findings, the study concludes that performance of state corporations can be improved by administration strategy, monitoring and evaluation, stakeholder management and conflict management. First, in regard to administration strategy, the regression coefficients of the study show that it has a significant influence on performance of state corporations.Policy recommendation: the study recommended that public institutions should embrace contract management practices so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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31

MWENDWA, MICHAEL MWINZI y Dr GEORGE OCHIRI. "INFLUENCE OF CONTRACT MANAGEMENT PRACTICES ON PERFORMANCE OF STATE CORPORATIONS IN KENYA". International Journal of Supply Chain and Logistics 3, n.º 1 (29 de marzo de 2019): 50–75. http://dx.doi.org/10.47941/ijscl.283.

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Purpose: The study helped unearth the influence of contract management practices on performance of state corporations in Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The study preferred this method because it allows an in-depth study of the subject. The target population was all the 187 state corporations in Kenya. Questionnaires were administered to collect qualitative and quantitative data from a sample of 127 heads of procurement, who were selected using simple random sampling, from the four strata. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 20.0. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analyses was used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Results: The response rate of the study was 82%. The findings of the study indicated that administration strategy, monitoring and evaluation, stakeholder management and conflict management have a positive relationship with performance of state corporations in Kenya.Conclusion: Based on the study findings, the study concludes that performance of state corporations can be improved by administration strategy, monitoring and evaluation, stakeholder management and conflict management. First, in regard to administration strategy, the regression coefficients of the study show that it has a significant influence on performance of state corporations.Policy recommendation: the study recommended that public institutions should embrace contract management practices so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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32

Saurombe, Amos. "The role of SADC institutions in implementing SADC treaty provisions dealing with regional integration". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n.º 2 (25 de mayo de 2017): 453. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2496.

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Without some level of institutionalisation or other means of enforcement, national commitment to regional trade integration is bound to face some challenges. Accordingly, transnational trade is obviously inhibited when the validity and enforcement of contracts, obligation and rules cannot be guaranteed beyond the term of office of an administration. Thus Member States' commitment to the work of institutions within a regional economic community like SADC is critical for the full implementation of the SADC Treaty and its Protocols. The Protocol on Trade has been hailed as the most important for integration in SADC. This paper will indicate that institutions are essential drivers of organisations and their role in regional integration is therefore very important. However under the current legal and institutional framework, the SADC regional integration agenda faces major challenges of implementation. SADC institutions are not capable of completely fulfilling their legal obligations, although in some instances the lack of fulfilment was clearly a result of the legal instruments themselves being incomplete and needing further reform.

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Dewi, Dita. "Teacher Management in Early Childhood Education". Early Childhood Research Journal (ECRJ) 3, n.º 1 (29 de julio de 2020): 12–17. http://dx.doi.org/10.23917/ecrj.v3i1.11709.

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This study aims to describe the planning, recruitment, coaching, and development at Surya Ceria Aisyiyah kindergarten, Cangakan, Karanganyar. This research is a qualitative descriptive study. Data collection uses observation techniques, interviews, and documentation. Test the validity of the data using technical triangulation and source triangulation. Data analysis using the model of Miles and Huberman namely the reduction stage, the stage of data presentation, and drawing conclusions. The results of his research are (1) Planning in Surya Ceria Aisyiyah PAUD using job analysis and job analysis. (2) Recruitment of teachers in kindergarten Surya Ceria Aisyiyah, namely forming a committee for the recruitment of prospective new educators, announcements, administrative selection. The selection process for applicants in kindergarten Surya Ceria Aisyiyah includes administrative selection, written test, interview test, microteaching test. after the test ends, the overall test results will be discussed and determined which ones are accepted and rejected. Applicants who pass the selection face the school principal to be given directions related to the work contract and salary; (3) Guidance and development of educators through the identification of educator needs with evaluation methods. Forms of coaching and development in kindergarten Surya Ceria Aisyiyah Cangakan Karanganyar, namely supervision of school principals, seminars, workshops, training, In House Training, organization, training, visits, and comparative studies, further education.

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Winchester, Justin y Catherine Willis-Smith. "Footing the (wage) bill: Reasoning, remedies and National Education, Health and Allied Workers Union v Minister of Public Service and Administration (CC)". South African Law Journal 141, n.º 1 (2024): 169–200. http://dx.doi.org/10.47348/salj/v141/i1a8.

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In NEHAWU & others v Minister of Public Service and Administration & others 2022 (6) BCLR 673 (CC), the Constitutional Court declared invalid and unenforceable a clause regulating the third payment period in a collective agreement regulating periodic wage increases for public service employees. We do not take issue with the court’s findings concerning the validity of the impugned collective agreement. However, we question the reasoning provided for the ‘just and equitable’ remedy ordered. We find the court’s reasoning insufficient in so far as it overlooked applicable principles of corrective justice, the significance of the state being unjustifiably enriched by labour peace by curtailing public servants’ right to strike, and the consequences of its decision on the effectiveness of the delay-bar in preventing ill-motivated state self-review. We propose the bifurcated approach that the court adopted in the AllPay saga as a tool to adjudicate polycentric cases such as the impugned case, as it enhances the judiciary’s proper place in the separation of powers and maximises remedial possibilities for innocent third parties to state contracts. We conclude with what has happened on the ground since this decision was reached.

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Danso, Eugene. "Anatomy of the Privatization of State-Owned Enterprises (SOEs) in Ghana: Implication for Policy and Accountability". Journal of Public Administration and Governance 9, n.º 4 (21 de noviembre de 2019): 181. http://dx.doi.org/10.5296/jpag.v9i4.15600.

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With the administrative and operational functions of State-Owned Enterprises (SOEs) becoming increasingly complex and sophisticated among developing countries by the 1980s, privatization was recommended by the IMF/World Bank as a remedy to these institutional deficiencies . This is contingent on the neoclassical debate that private ownership rather than public ownership of management and operations of SOEs results in prudent policy process and accountability. Therefore, this study sought to assess the validity of this assertion by employing the Principal-Agent theory in assessing the level of accountability between the citizens (principal) and the government (agent) during private ownership of service delivery. As a qualitative study, this paper adopts unobtrusive content analysis of an empirical study of the privatization of Ghana Water Company Limited (GWCL). The government (agent) under the Principal-Agent theory is to ensure that the private operator, Aqua Vitens Rand Limited (AVRL) respects the terms of divestiture, while upholding the principles of accountability. However, the findings of the study suggest that the failure of government (agent) to uphold core accountability mechanisms such as transparency, accessibility to information, sense of ownership, responsiveness, and conformity to established monitoring and evaluation measures, contributed to the inability to achieve key performance targets, leading to the unsuccessful policy outcome of the privatization contract. This paper, therefore, argues that the failure to adopt accountability mechanisms in the divestiture of SOEs will inevitably compromise administrative policy outcomes.

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Syahri, Alfi, Mutiara Nasution, Aulia Putri y Muhammad Nur. "Layanan Pelaksanaan Akad Nikah di Kantor Urusan Agama Medan Marelan (Studi Efektivitas dan Hambatannya pada masa Pandemi Covid-19)". Al-Fikru: Jurnal Ilmiah 15, n.º 1 (21 de junio de 2021): 1–13. http://dx.doi.org/10.51672/alfikru.v15i1.47.

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This study aims to analyze the effectiveness and barriers to service implementation of the marriage contract during the Covid-19 pandemic at the Medan Marelan Religious Affairs Office. This study uses qualitative research methods, with a descriptive study approach. Data collection was done by interview, observation, and documentation study. Data analysis uses data reduction, data verification and drawing conclusions. Test the validity of the data using data triangulation and member check. The results showed that wedding services during the Covid-19 pandemic underwent significant changes and of course with government regulations there were obstacles in terms of service. Regarding administrative services, correspondence, such as requests, issuing letters, the public can do this by implementing health protocols. As for the implementation of marriages, the Office of Religious Affairs issued a circular regarding marriages that cannot be done with a large crowd, in the sense that only a few people will attend the wedding. The inhibiting factors for the effectiveness of these services include the lack of online service facilities, and the difficulty of accessing public information related to the policies of the office of religious affairs.

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Yaman, Siti Khalijah, Abd Halid Abdullah, Hairuddin Mohammad y Fadzil Hassan. "Technical Competency of Construction Manager in Malaysian Construction Industry". Applied Mechanics and Materials 773-774 (julio de 2015): 1053–59. http://dx.doi.org/10.4028/www.scientific.net/amm.773-774.1053.

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Primarily due to contractors’ faults, construction industries in Malaysia have been facing problems such as delays, wastages, cost overruns and others. Inability of construction manager (CM) to efficiently manage construction projects is the major contribution to projects’ failure, and the lack of terms of reference on the technical competency for CM are believed to be the major setback. This paper reports the results of a preliminary study which was carried out to identify the technical competencies of CM. Exploratory mixed research methods were selected by employing qualitative and quantitative approaches. Multi-layered thematic analysis was embedded into literature analysis to maintain reliability and then validate through structured interviews. It was found that CM requires several technical competencies including managing staff, materials, labours, plants, sub-contractors, safety, money, quality, time, environment, administration, pre-construction, closeout and handover, responsibility to other parties, computer literacy, and administration of construction contract. Hence, the technical competencies for CM are believed to be exhaustive and holistic in singling out the appropriate technical knowledge and skills, and bring about numerous advantageous towards technically competent CM.

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Arsyita, Muhammad Aprizal, Damrah Khair, Erina Pane, A. Kumedi Ja'far y Siti Mahmudah. "SMUGGLING OF THE LAW IN DIFFERENT RELIGIOUS MARRIAGE AS A LEGAL ACTION IN THE STATE OF PANCASILA". SMART: Journal of Sharia, Traditon, and Modernity 1, n.º 1 (29 de agosto de 2021): 16. http://dx.doi.org/10.24042/smart.v1i1.9781.

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Marriage in Indonesia is a legal act that is valid in an external forum based on the legal contract of each religious law or belief. Interestingly, interfaith marriages continue to occur and experience problems related to illegal acts against various attempts to smuggle laws to obtain legal recognition from the State. This issue will be analyzed based on the Civil Code, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2006 concerning Population Administration, and the Decision of the Constitutional Court Number. 68/ PUU-XII / 2014. To find out the legal arrangements in interfaith marriages, a normative juridical legal research method and a statutory approach were carried out by collecting literature study data. Secondary data were analyzed using qualitative juridical analysis. The results of this study explain that positive law in Indonesia does not prohibit interfaith marriage, but does not regulate it. The substance of the validity of a marriage is pluralistic based on religious law and belief, even though the majority prohibits its followers so that a juridical understanding emerges that it is impossible to legalize interaction marriages, but in reality, some religions and beliefs provide dispensation or permission. Law smuggling by individuals adhering to religions or beliefs with low quality and/ or not obeying the forum internum which prohibits interfaith marriages, but imposes themselves on various motives (Al-Baits) based on positive law. The conclusion is that even though there is disharmony of norms, the smuggling of law in interfaith marriages fulfills the elements of acts against the law, which deliberately contradicts positive law, and reduces the authority of law and religion in the Pancasila State. Juridically, the determination of the legality of marriage is based on religious norms or beliefs, not a Court Ruling mechanism, because the State only determines administrative validity.Keywords: Smuggling, Marriage, Different Religions, Acts against the Law, Pancasila

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Veiga, Jackson T., Marcosiris A. O. Pessoa, Fabrício Junqueira, Paulo E. Miyagi y Diolino J. dos Santos Filho. "A Systematic Modelling Procedure to Design Agent-Oriented Control to Coalition of Capabilities—In the Context of I4.0 as Virtual Assets (AAS)". Computers 10, n.º 12 (28 de noviembre de 2021): 161. http://dx.doi.org/10.3390/computers10120161.

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Manufacturing systems need to meet Industry 4.0 (I4.0) guidelines to deal with uncertainty in scenarios of turbulent demand for products. The engineering concepts to define the service’s resources to manufacture the products will be more flexible, ensuring the possibility of re-planning in operation. These can follow the engineering paradigm based on capabilities. The virtualization of industry components and assets achieves the RAMI 4.0 guidelines and (I4.0C), which describes the Asset Administration Shell (AAS). However, AAS are passive components that provide information about I4.0 assets. The proposal of specific paradigms is exposed for managing these components, as is the case of multi-agent systems (MAS) that attribute intelligence to objects. The implementation of resource coalitions with evolutionary architectures (EAS) applies cooperation and capabilities’ association. Therefore, this work focuses on designing a method for modeling the asset administration shell (AAS) as virtual elements orchestrating intelligent agents (MAS) that attribute cooperation and negotiation through contracts to coalitions based on the engineering capabilities concept. The systematic method suggested in this work is partitioned for the composition of objects, AAS elements, and activities that guarantee the relationship between entities. Finally, Production Flow Schema (PFS) refinements are applied to generate the final Petri net models (PN) and validate them with Snoopy simulations. The results achieved demonstrate the validation of the procedure, eliminating interlocking and enabling liveliness to integrate elements’ behavior.

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Tabatabaee, Seyed Mahmoud, Amirhasan Koohi, Abbas Ghandali y Tayebeh Tajik. "The Study of Relationship between Organizational Culture and Organizational Belonging in Employees of Varamin County Office of Education". International Education Studies 9, n.º 5 (26 de abril de 2016): 183. http://dx.doi.org/10.5539/ies.v9n5p183.

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<p class="apa">The purpose of the present research is to study the relationship between organizational culture and organizational belonging among employees of Varamin County ministry of education. This is a descriptive-survey study. The statistical population is consisted of all 274 official and contract employees of ministry of education in Varamin County of Tehran province with high school diploma, associate or bachelor’s degree or higher. Sampling has been done using relative stratified method. Measurement instruments are: A) organizational culture questionnaire, and B) organizational belonging questionnaire. To assess the validity of the questionnaires the content validity method has been used. To assess their reliability, the questionnaires have been tested on samples of 30 individuals and the Cronbach’s Alpha for the questions has been calculated. Cronbach’s alpha is 0.91 for organizational culture questionnaire, and 0.85 for organizational belonging questionnaire. These values indicate high reliability for both questionnaires. The results indicate that the prominent dimension of organizational culture in Varamin administration of education is control, and that the employees have moderate organizational belonging. Study of the relationship between dimensions of organizational culture and organizational belonging reveal that there is a significant correlation between organizational belonging and variables of personal innovation, responsibility, leadership, coordination and managerial support. However, no significant correlation has been observed between the variable of control and employees’ organizational belonging. Also there is a positive correlation between organizational belonging and variables of organizational identity, reward and punishment system, opposition, and communication pattern in employees of Varamin office of education.</p>

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Rajeh, Mohammed, John E. Tookey y James Olabode Bamidele Rotimi. "Estimating transaction costs in the New Zealand construction procurement". Engineering, Construction and Architectural Management 22, n.º 2 (16 de marzo de 2015): 242–67. http://dx.doi.org/10.1108/ecam-10-2014-0130.

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Purpose – Within construction procurement, transaction cost economics offers a mechanism to understand “unseen” costs associated with the pre- and post-contract work. Pre-contract, these include costs related to information gathering and procurement. Post-contract they include activities of contract administration and enforcement. The purpose of this paper is to estimate the magnitude of transaction costs (TCs) for different procurement systems used in construction projects in New Zealand. Specifically estimating the relative values of TCs for Traditional and Design-Build delivery systems for the purpose of comparison. Design/methodology/approach – This study develops a conceptual model for the relationship between procurement systems and TC. The model was operationalized and developed into a questionnaire. A cross-sectional sample approach was deployed, involving pilot and survey questionnaires, and results verification through “real world” cases. Data were sought from construction professionals in management, design and operations (i.e. project managers, architects, engineers, quantity surveyors, and procurement officers). TCs were measured using time-spent conducting procurement-related activities as a surrogate for cost. Professionals evaluate their time-spent in procurement activities using a Likert scale 1-5, comparing the Traditional and Design-Build delivery systems. Data were triangulated with “real world” cases to test and explain the developed model. The test included validity and reliability, path analysis, regression analysis, factor analysis, and structural equation modelling (SEM). The primary analytical technique used was SEM to yield information on goodness-of-fit, model development and comparison, and confirmatory strategies. SPSS Amos 21 statistical software was used for data analysis and model development. Findings – The results suggest that procurement systems have indirect impact on TCs. The relationship between procurement system and TCs is fully mediated by costs of information, procurement, administration, and enforcement. Applying the developed models (the Traditional and Design-Build) to “real world” cases, it was found that TCs in the Traditional system amounts to 18.5 percent of the annual salary cost of a project manager (as an indicator quantum), while in the Design-Build system, it amounts to 14.5 percent of the annual salary cost of a project manager. TCs were calculated using regression equations based on factor loadings in the Traditional and Design-Build models. Practical implications – This study applies new theoretical model for the link between procurement system and TCs, investigating and empirically demonstrating the influence of procurement system on TCs in construction. It also offers a new plausible explanation for the factors influencing TCs in procurement. The study emphasizes “in-house” TCs from the perspective of the professionals. The findings have practical implications on construction business practice due to their robust empirical nature and theoretical framework, which might enhance the performance of the construction industry. Originality/value – This study contributes to the procurement selection in construction, by introducing a new conceptual model for the link between procurement system and TCs. It has extended the current practices for procurement selection by estimating TCs for the Traditional and Design-Build systems for comparison.

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Pond aag, Reynard y Yusuf Latief. "Identification of Quantity Surveyor Competency Risk for Cost Overrun". Devotion : Journal of Research and Community Service 4, n.º 9 (14 de septiembre de 2023): 1843–50. http://dx.doi.org/10.59188/devotion.v4i9.531.

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Appropriateness of costs in the process of building a high-rise building is one of the success criteria for a construction project. However, the main problem that is often faced by most construction projects is related to the occurrence of cost overruns. Quantity Surveyor has an important role in a construction project. According to IQSI, the role of the Quantity Surveyor consists of 4 main scopes, namely planning and controlling construction costs, documenting the completeness of tender documents, contract administration, and arbitration. This study aims to identify risk factors and risk ratings from the competency of the Quantity Surveyor that have the potential to cause cost overruns. The method used in this study is the Delphi method, to validate the risks obtained from the literature study. From the results of the analysis, 52 variables with a moderate level of risk were obtained, and 3 variables with a high level of risk in the pre-construction and construction stages which could cause cost overruns.

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EMASE NAKOOLI EJORE, EMASE y TOM NYAMACHE. "INTERNET SOURCING AND ITS INFLUENCE ON SERVICE DELIVERY IN TURKANA COUNTY GOVERNMENT". INTERNATIONAL JOURNAL OF RESEARCH IN EDUCATION HUMANITIES AND COMMERCE 04, n.º 03 (2023): 242–56. http://dx.doi.org/10.37602/ijrehc.2023.4320.

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The aim of internet procurement adoption is to enhance the effectiveness, efficiency, transparency, and responsibility of public procurement. Kenyan county governments encountered procurement challenges during the Covid-19 period, leading to the implementation of internet procurement as a solution. This aligns with a global trend. The County of Turkana's procurement process has faced obstacles stemming from non-compliance with procurement laws and a lack of technological expertise. This study examines the impact of internet procurement on the Turkana County government's service delivery. The study aimed to assess the impact of internet sourcing characteristics on service delivery by the Turkana County administration. The study utilized the diffusion of innovation theory as an analytical framework. The research utilized correlational and descriptive survey designs. The audience comprised 60 individuals, consisting of 20 staff members and 30 procurement officers. A saturation sampling strategy was employed for sample size determination. Data was collected through questionnaires and interview schedules. Experts in management science confirmed the instruments’ validity. The West Pokot County Administration carried out a pilot project. A reliability test was conducted using Cronbach's alpha, with a minimum threshold of r>0.70. A multiple regression analysis was conducted to determine the extent to which the independent variables affected the variance in the dependent variable. The R-squared coefficient of determination for the multiple regression model indicates that service delivery accounted for a significant portion of the variation in the internet procurement process. The study found that internet sourcing had a significant positive impact on service delivery. The study suggests that an online supplier contract management system would be beneficial for the County government to handle supplier selection and management. The study's results suggest that internet procurement could enhance service delivery by the Turkana County administration and federal government.

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44

Karoki, Anne Wanjiru y Dr Patrick Mwangangi. "Influence of Contract Management on Performance of Public Hospitals in Nairobi City County, Kenya". International Journal of Supply Chain and Logistics 4, n.º 1 (14 de octubre de 2020): 46–69. http://dx.doi.org/10.47941/ijscl.457.

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Purpose: The study sought to establish the influence of contract management on performance of public hospitals in Nairobi City County, Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The researcher preferred this method because it allows an in-depth study of the subject. The study population was all public hospitals in Kenya. To gather data, structured questionnaire was used to collect data from 76 staff in procurement, administration and finance departments from the four largest public hospitals in Nairobi County; Kenyatta National Hospital, Mama Lucy Kibaki Hospital, Mbagathi District Hospital and Pumwani Maternity. The target population was all public hospitals in Nairobi City County. The target population was first stratified then using simple random sampling among the four strata, select the samples. The study combined two methods in its data collection that is, questionnaires and key informant interviews. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 20. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analysis was used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Findings: R square value of 0.647 means that 64.7% of the corresponding variation in performance of public hospitals in Kenya can be explained or predicted by (contract planning, monitoring and evaluation, contractor relationship management and dispute resolution) which indicated that the model fitted the study data. The results of regression analysis revealed that there was a significant positive relationship between dependent variable and independent variable at (β = 0.647), p=0.000 <0.05). The findings of the study concluded that contract planning, monitoring and evaluation, contractor relationship management, dispute resolution have a positive relationship with performance of public hospitals in Kenya.Unique contribution to theory, practice and policy: The study recommended that public institutions should embrace contract management practices so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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45

Karoki, Anne Wanjiru y Dr Patrick Mwangangi. "Influence of Contract Management on Performance of Public Hospitals in Nairobi City County, Kenya". Human Resource and Leadership Journal 5, n.º 1 (14 de octubre de 2020): 51. http://dx.doi.org/10.47941/hrlj.456.

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Purpose: The study will help unearth the influence of contract management on performance of public hospitals in Nairobi City County, Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The researcher preferred this method because it allows an in-depth study of the subject. The study population was all public hospitals in Kenya. To gather data, structured questionnaire was used to collect data from 76 staff in procurement, administration and finance departments from the four largest public hospitals in Nairobi County; Kenyatta National Hospital, Mama Lucy Kibaki Hospital, Mbagathi District Hospital and Pumwani Maternity. The target population was all public hospitals in Nairobi City County. The target population was first stratified then using simple random sampling among the four strata, select the samples. The study combined two methods in its data collection that is, questionnaires and key informant interviews. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 20. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analysis was used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Findings: R square value of 0.647 means that 64.7% of the corresponding variation in performance of public hospitals in Kenya can be explained or predicted by (contract planning, monitoring and evaluation, contractor relationship management and dispute resolution) which indicated that the model fitted the study data. The results of regression analysis revealed that there was a significant positive relationship between dependent variable and independent variable at (β = 0.647), p=0.000 <0.05). The findings of the study concluded that contract planning, monitoring and evaluation, contractor relationship management, dispute resolution have a positive relationship with performance of public hospitals in Kenya.Unique contribution to theory, practice and policy: The study recommended that public institutions should embrace contract management practices so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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46

Karoki, Anne Wanjiru y Dr Patrick Mwangangi. "Influence of Contract Management on Performance of Public Hospitals in Nairobi City County, Kenya". International Journal of Supply Chain and Logistics 4, n.º 1 (14 de octubre de 2020): 46. http://dx.doi.org/10.47941/ijscl.v4i1.457.

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Purpose: The study sought to establish the influence of contract management on performance of public hospitals in Nairobi City County, Kenya.Methodology: This study employed descriptive research design. The study reviewed both theoretical and empirical literature and then proposed the research methodology that addressed the gaps identified in literature as well as to validate the statistical hypotheses. The researcher preferred this method because it allows an in-depth study of the subject. The study population was all public hospitals in Kenya. To gather data, structured questionnaire was used to collect data from 76 staff in procurement, administration and finance departments from the four largest public hospitals in Nairobi County; Kenyatta National Hospital, Mama Lucy Kibaki Hospital, Mbagathi District Hospital and Pumwani Maternity. The target population was all public hospitals in Nairobi City County. The target population was first stratified then using simple random sampling among the four strata, select the samples. The study combined two methods in its data collection that is, questionnaires and key informant interviews. After data collection, quantitative data was coded using Statistical Package for Social Science (SPSS) version 20. Data was analyzed through descriptive statistical methods such as means, standard deviation, frequencies and percentage. Inferential analysis was used in relation to correlation analysis and regression analysis to test the relationship between the four explanatory variables and the explained variable.Findings: R square value of 0.647 means that 64.7% of the corresponding variation in performance of public hospitals in Kenya can be explained or predicted by (contract planning, monitoring and evaluation, contractor relationship management and dispute resolution) which indicated that the model fitted the study data. The results of regression analysis revealed that there was a significant positive relationship between dependent variable and independent variable at (β = 0.647), p=0.000 <0.05). The findings of the study concluded that contract planning, monitoring and evaluation, contractor relationship management, dispute resolution have a positive relationship with performance of public hospitals in Kenya.Unique contribution to theory, practice and policy: The study recommended that public institutions should embrace contract management practices so as to improve performance and further researches should to be carried out in other public institutions to find out if the same results can be obtained.

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47

Shіrіnyan, Lada. "A NEW METHOD FOR DETERMINING THE COMPETITIVE POSITION OF A LIFE INSURANCE COMPANY IN THE INSURANCE SERVICES MARKET". Scientific Notes of Ostroh Academy National University, "Economics" Series 1, n.º 32(60) (28 de marzo de 2024): 115–20. http://dx.doi.org/10.25264/2311-5149-2024-32(60)-115-120.

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The competition among service providers in the life insurance market is defined by market positioning and the relative standing of insurance companies. In Ukraine, the «Law on the Protection of Economic Competition» sets forth rules that dictate the behavior of market participants, evaluating market share with a primary focus on a singular indicator and criterion for monopolization. This highlights the urgent need for a methodology to assess the competitive positions of life insurers that facilitates a comprehensive comparison of their market coverage and performance. The aim of this study is to develop and validate a novel methodology for evaluating the competitive position of life insurers in the market. This methodology will integrate various indicators, including market coverage, territorial expansion, scope of activity, and performance criteria, to offer a thorough assessment of an insurer’s competitive standing. A new approach for assessing the competitive positions of life insurers has been formulated, relying on five key indicators of market coverage. It introduces an aggregated indicator of a life insurer’s market position, enabling effective comparisons and rankings among insurers. Factors such as high premiums, a substantial number of life contracts, profitability, and administrative costs are identified as determinants of a strong competitive position in the market. This innovative methodology was applied to a sample of life insurers in the Ukrainian market, demonstrating its practical utility and effectiveness.

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48

Fröhlingsdorf, Josef. "La Reforma Parcial de la Ley Española del Arbitraje". Revista Brasileira de Arbitragem 8, Issue 30 (1 de abril de 2011): 93–102. http://dx.doi.org/10.54648/rba2011021.

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ABSTRACT: With the reform of the current arbitration act, Spain tries to unify the criteria of the case law in all kind of questions related to arbitration, concentrating the competence in the High Courts of the Autonomous Regions, remaining the first instance courts the only competent for the enforcement of arbitral awards. The corporate arbitration for the solution of disputes in the so called "sociedades de capital" and with its shareholders is expressively ruled. It is no longer necessary that in arbitration proceedings according to law, the arbitrator is a lawyer admitted to a bar, being sufficient to be jurist. The previous activity as mediator is not compatible with the arbitrator. The arbitral award always need to have a motivation, not being possible another agreement between the parties. In case of an institutional arbitration procedure, the institution has to procure for the capacity and the independency of the arbitrator, who also has to contract an insurance police. The non-compliance with the six months period for rendering the award, which is maintained, does not affect neither the validity of the arbitration clause nor the award. In case of an insolvency procedure, in principle the arbitration commitment is maintained. Finally, the law provides for a mechanism for the resolution of disputes between the General Administration of the State and its different entities.

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49

Rachmawati, Khoirul Aswar, Mahendro Sumardjo, Meilda Wiguna y Eka Hariyani. "Personal and reliability factors affecting adoption and utilization of e-government: An effect of intention to use". Problems and Perspectives in Management 20, n.º 2 (19 de mayo de 2022): 281–90. http://dx.doi.org/10.21511/ppm.20(2).2022.23.

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This study aims to examine and prove the effect of personal and reliability factors on both the adoption as well as the utilization of e-government indirectly through the intention to use. The proposed model uses various theories, such as technology acceptance, diffusion of innovation, and unified theory of acceptance and use of technologies. It incorporates contracts from the e-government adoption and usage model to explore and understand the factors that drive different types of e-technology adoption and use. Employing purposive sample, the paper collected around 158 respondents that were used to support this study. According to the findings, there are 103 government employees in the sample, 36 general public, and 19 businessmen in the Provincial Government of DKI Jakarta (Indonesia). After the questionnaire’s reliability and validity were rigorously evaluated, the data were analyzed using the Structural Equation Modeling (SEM) technique. The results indicate that personal factors and perceived trust significantly affect the adoption and the utilization of e-government. In addition, reliability variables highly influence intention to use. Moreover, intention to use does not mediate the effect of personal factors, reliability factors, and e-government adoption use. This study is expected to be material for consideration and evaluation of the quality of ICTs-based public information for government officials and staff.

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50

Abdullah, Abd Halid, Siti Khalijah Yaman, Hairuddin Mohammad y Padzil Fadzil Hassan. "Construction manager’s technical competencies in Malaysian construction projects". Engineering, Construction and Architectural Management 25, n.º 2 (19 de marzo de 2018): 153–77. http://dx.doi.org/10.1108/ecam-07-2016-0176.

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Purpose Problems of Malaysian construction industry have often been associated, in part to incompetent construction manager (CM) when managing the construction projects. Although various education and training provisions have been introduced, critics argue that the provisions have not been effective. Central in the debate on the adequacy of the CM education and training offered is the answer to the question of “what constitutes the technical competency of the CM?” The purpose of this paper is to present the study that identifies the technical competencies required by the CM to address the question. Design/methodology/approach Multi-layered thematic analysis of literature was first carried out to identify the technical competency elements. Then, interviews were undertaken to confirm the elements of competencies. It was followed with questionnaire surveys to test the validity of the technical competencies against different contractors’ category and grade/size. Findings The findings suggest that the technical competencies of CM are generic, regardless of the size of construction organisation or the types of projects they undertake. A total of 16 CM technical competencies were identified which include the ability to manage: staff, materials, labour, plant, sub-contractors, safety, money, quality, time, environment, site administration, pre-construction activities, project closeout and handover, third parties, computer literacy, and construction contract. Originality/value The findings suggest that generic education and training is possible to develop technically competent CM. It also provides insights to the CM technical competencies which the industry is expecting.

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