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Kovač, Polona, e Žiga Kotnik. "Performance of Authorities in Administrative Procedures". Hrvatska i komparativna javna uprava 18, n. 4 (31 dicembre 2018): 531–55. http://dx.doi.org/10.31297/hkju.18.4.2.
Testo completoAbstract (sommario):
This article deals with performance of administrative units as one of the key goals of contemporary public administration reform. Administrative units conduct administrative procedures as their core activity, thus ensuring the protection of the public interest and of individual parties’ rights. The purpose of this article is to determine the efficiency of administrative units in terms of resources and sectoral areas by using selected indicators from administrative statistics, such as the number of applications submitted and decisions issued, the timeframe of decision-making, the share and success of complaints filed, and the like. The administrative statistics used in this article incorporate 58 general administrative units in Slovenia in the period 2004–2015 and provide a case study that may also be relevant for the Eastern European region. Several social research methods are used: a literature review and a normative analysis as a framework for statistical research, as well as the axiological-deontological method to evaluate the situation and suggest improvements. The analysis of time series and correlations of selected indicators from administrative statistics reveal mixed trends over time, including a negative correlation between the number of officials and efficiency. In general, the question is whether the system currently in use to measure efficiency generates the most reliable outcomes. Therefore, the authors call for a redefinition of monitoring and of the indicators of administrative statistics in the European Union in order to enhance good public governance principles, particularly in developing democracies.
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Semenchuk, Vasilii V. "The Procedure of the Court Appealing the Actions of Officials Carrying out Operative-Investigative Activity: Regulation Problems and Perspectives of Improvement of Legal Procedure". Juridical Science and Practice 16, n. 1 (2020): 84–92. http://dx.doi.org/10.25205/2542-0410-2020-16-1-84-92.
Testo completoAbstract (sommario):
The article deals with the issues of legal regulation and the actual implementation of the procedures for appealing against the actions of officials carrying out operative-investigative activity. It is noted that there is uncertainty in the choice of the type of legal proceedings (criminal or administrative) also as a level of the court for such complaints (court of the subject of the Russian Federation or district court). Another problem is related to the actual assignment responsibility for the plaintiffs to substantiate complaints about covert operative-investigative measures which, as a rule, leads to a refusal to consider them. The authors are invited to introduce a universal appeal procedure in the framework of administrative proceedings. The secret nature of the operative-investigative activity does not allow the plaintiff to fully substantiate the essence of his claims, so this task may be performed by the court. In order to preserve information constituting a state secret, it is necessary to introduce a closed procedure for dealing with such complaints.
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Wulandari, Yuni, Denny Hernawan e Irma Purnamasari. "SISTEM PENGELOLAAN PENGADUAN DALAM MENINGKATKAN KEPUASAN PELANGGAN PADA PDAM TIRTA KAHURIPAN KABUPATEN BOGOR". JURNAL GOVERNANSI 2, n. 2 (18 marzo 2017): 125. http://dx.doi.org/10.30997/jgs.v2i2.223.
Testo completoAbstract (sommario):
Regional Water Company (PDAM) is a company that is managed by the Local Government to operate as a body of community service that is selling services and trust in society. PDAM has to must still understand the behavior and wishes of the customers in the utilization of services of drinking water and the discretion of the company in the form term of service standards set, so as to provide a good service that causes customers to be satisfied. One of the PDAM in Indonesia is PDAM Tirta Kahuripan located in Bogor. PDAM Tirta Kahuripan is often get complaints from their customers. Of the Many customers who complained about the poor service system so far is are leaky pipe impact on the high notes of erroneous meter, water quality is still dirty muddy, and sluggish handling of a complaint. The aim of research is to find out a complaint management system in order to improve customer satisfaction at PDAM Tirta Kahuripan. The theory used to analyze a system of customer complaints is the referring to the Minister of Administrative Reform and Bureaucratic Reform No. 3 Year of 2015 on the Road Map Development Complaints Public Service Nationwide with 3 sizes of complaint management : outcomes, targets, and programs. While, improving customer satisfaction using Fandi Tjiptono and Gregory Cahndra theory (2006: 130) with four dimensions to measure customer satisfaction : the system of complaints and suggestions, Customer satisfaction Survey, Ghost Shopping (Shadow Customer), and Customer Switching Analysis. Research methods used in this research is descriptive quantitative method using questionnaires / questionnaire and interviews as the main instrument to collect data. The results showed that the management of customer complaints in accordance with to existing procedures with the acquisition of a score of is 3.32 according to the with category of interpretation of the category is as quite good enough (moderate). Meanwhile, the results of data analysis by increasing customer satisfaction PDAM Tirta Kahuripan obtained a score of is 2.83 in the category with category of interpretation as good enough (moderate). Nevertheless, But there is a needs to be have a system or application that can be accessed in to the customer complaints and the organizers therefore PDAM can respond and follow complaint subsequently. Keywords : Complaint Management System , Customer Satisfaction
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Dniprov, Oleksii. "MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS". Scientific Notes Series Law 1, n. 9 (2020): 69–74. http://dx.doi.org/10.36550/2522-9230-2020-1-9-69-74.
Testo completoAbstract (sommario):
The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.
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Reva, Vladyslav. "Legal basis for appealing decisions, actions or inaction of customs authorities". Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, n. 19 (2020): 96–103. http://dx.doi.org/10.34079/2226-3047-2020-10-19-96-103.
Testo completoAbstract (sommario):
This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.
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Chakim, M. Lutfi. "A Comparative Perspective on Constitutional Complaint: Discussing Models, Procedures, and Decisions". Constitutional Review 5, n. 1 (31 maggio 2019): 096. http://dx.doi.org/10.31078/consrev514.
Testo completoAbstract (sommario):
The constitutional complaint is one of the important constitutional court jurisdictions that can be described as a complaint or lawsuit filed by any person who deems his or her rights has been violating by act or omission of public authority. Currently, the constitutional court in many countries have adopted a constitutional complaint system in a variety of models. However, the first application of the constitutional complaint jurisdiction came from Europe. In Austria, the constitutional complaint is allowed against the administrative actions but not against the court decisions. While Germany and Spain have a similar model that is a complaint against an act of the public authority including court decisions. In Asia, it is imperative that the court in Asia actively participate in the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The AACC members have adopted a system of constitutional adjudication in a variety of models, and when it comes to jurisdictions, out of sixteen AACC members, there are four countries (Azerbaijan, South Korea, Thailand, and Turkey) have the constitutional complaint in their jurisdictions. In Azerbaijan, constitutional complaint is comparatively broad. Azerbaijan’s Constitutional Court can handle constitutional complaint against the normative legal act of the legislative and executive, an act of a municipality and the decisions of courts. In contrast, even though constitutional complaint in South Korea and Thailand can be against the exercise and non-exercise of state power, constitutional complaint cannot be filed against court decisions. In Turkey, the constitutional complaint mechanism is coupled with the regional system of human rights protection. The Turkish Constitutional Court handles complaints from individuals concerning violations of human rights and freedoms falling under the joint protection of the Turkish Constitution and the European Convention on Human Rights (ECHR). This paper argues that constitutional complaint represents the main part of the constitutional court, and through a comparative perspective among three countries in Europe and four AACC members are expected to provide lessons for the other AACC members that do not have a constitutional complaint mechanism, such as Indonesia.
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Frank, Arthur, Howard A. Hoffman e Edward H. Stolar. "The Medical Society’s Role in Assessing Physician’s Performance: An Analysis of Six Years of Grievances Considered by an Urban Medical Society". Journal of Medical Regulation 92, n. 4 (1 dicembre 2006): 9–15. http://dx.doi.org/10.30770/2572-1852-92.4.9.
Testo completoAbstract (sommario):
ABSTRACT Context Although they have no legal authority, medical organizations are frequently asked to assess physician conduct. These organizations have established a variety of procedures to review grievances brought for their consideration. Objective This analysis was conducted to assess the nature and the disposition of the complaints considered by the Professional Standards Committee (Committee) of an urban medical society. Design All cases considered by the Committee (193 complaints) during a six-year period were arbitrarily sorted into categories and the nature of how the case was resolved was tabulated. Results Of all the cases considered 108 (56 percent) were categorized as related to quality of care and physician/staff behavior issues. Of these, 39 (20 percent) dealt with the characteristics of the care provided, 28 (15 percent) with physician and staff behavior, 23 (12 percent) with physician and staff communications and 18 (nine percent) with ethical issues. An additional 85 cases (44 percent) were related to administrative issues and office procedures. Of these, 50 (26 percent) were related to billing, fees and charges, 23 (12 percent) concerned medical records, 10 (five percent) dealt with office practices and procedures and two (one percent) were related to worker’s compensation. Of 141 cases in which a judgment could be made, 48.2 percent were decided in the complainant’s favor and corrective recommendations were made. The grievance appeared to be inappropriate in 51.8 percent of the cases and the reason for this decision was explained to the complainant. In the remaining 22 percent of the cases irreconcilable descriptions of the circumstances made it impossible for the Committee to make a decision or recommendation about the grievance. Conclusion The mechanism of review by the Professional Standards Committee of a medical society does appear to offer a procedure by which there can be some resolution of these complaints. In cases in which a judgment could be made the complaint was decided in favor of the complainant as frequently as in favor of the physician.
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Wahongan, Stefanly, Tinneke M. Tumbel e Olivia F. C. Walangitan. "Analisis Kepuasaan Konsumen Pada Produk Mobil Di PT. Hasjrat Abadi Cabang Manado (Dealer Toyota)". JURNAL ADMINISTRASI BISNIS 8, n. 1 (25 marzo 2019): 79. http://dx.doi.org/10.35797/jab.8.1.2019.23503.79-86.
Testo completoAbstract (sommario):
The purpose of this study was to determine customer satisfaction in the products of PT. Hasjrat Abadi branch Manado. This study uses interview data collection techniques and observations with qualitative descriptive data analysis techniques. The focus of this study is customer satisfaction with the services of PT. Hasjrat Abadi branch of Manado measured from several aspects: 1) Consumer satisfaction in the process of car purchase administration, 2) Consumer satisfaction with the quality of products purchased, 3) Consumer satisfaction with response from officers regarding Consumer complaints regarding car disturbances or technical problems, 4) Customer satisfaction with handling problems or technical problems of the car. Results of the study indicate that administrative procedures at the time of product purchase are still lacking. Likewise with customer satisfaction with the quality of the vehicle during use. Many complained that some items from the car products purchased were still lacking. Or not according to what was promoted. Furthermore, some customers say that the company is less alert and responsive to complaints submitted by customers on technical matters of The the products purchased. The latter is also carried out that repair services for damage experienced in purchased car products are still not satisfactory. In the sense that the improvements carried out have not been maximized.
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Calvo Aguilar, Omar, Marta Torres Falcón e Rosario Valdez Santiago. "Obstetric violence criminalised in Mexico: a comparative analysis of hospital complaints filed with the Medical Arbitration Commission". BMJ Sexual & Reproductive Health 46, n. 1 (5 novembre 2019): 38–45. http://dx.doi.org/10.1136/bmjsrh-2018-200224.
Testo completoAbstract (sommario):
IntroductionDisrespect and abuse during childbirth have been reported by numerous countries around the world. One of their principal manifestations is the performance of invasive or surgical procedures without the informed consent of women. Non-dignified treatment is the second most common form of this conduct. Five Mexican states have classified obstetric violence as a crime: Aguascalientes, Chiapas, Guerrero, the State of Mexico and Veracruz. The others have not yet done so although it is provided for in their civil and administrative regulations.ObjectiveTo analyse whether criminalising obstetric violence has been conducive to the recognition and observance of the reproductive rights of women, based on the records of poor health care complaints filed by women with the Medical Arbitration Commissions (CAMs by their Spanish initials) in two Mexican states.Materials and methodsWe conducted an observational qualitative study using a phenomenological approach. Analysis included two states with similar partner demographic and maternal health indicators but different legal classifications of obstetric violence: the Chiapas has criminalized this form of violence while Oaxaca has not. We reviewed the records of obstetric care complaints filed with CAMs in both states from 2011 to 2015, all of them concluded and including full information.ResultsDifferences were observed regarding the contents of complaints, specifically in the categories of abuse, discrimination and neglect during childbirth. The narratives in the other complaint categories were similar between states.ConclusionAfter analysing the records of malpractice complaints in Chiapas and Oaxaca, we conclude that the differentiated legal status of obstetric violence has not influenced recognition or observance of the reproductive rights of women. Criminalising obstetric violence has not improved care provided by health personnel.
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Wrubel, David M., Kelsie J. Riemenschneider, Corinne Braender, Brandon A. Miller, Daniel A. Hirsh, Andrew Reisner, William Boydston, Barunashish Brahma e Joshua J. Chern. "Return to system within 30 days of pediatric neurosurgery". Journal of Neurosurgery: Pediatrics 13, n. 2 (febbraio 2014): 216–21. http://dx.doi.org/10.3171/2013.10.peds13248.
Testo completoAbstract (sommario):
Object Quality assessment measures have not been well developed for pediatric neurosurgical patients. This report documents the authors' experience in extracting information from an administrative database to establish the rate of return to system within 30 days of pediatric neurosurgical procedures. Methods Demographic, socioeconomic, and clinical characteristics were prospectively collected in administrative, business, and operating room databases. The primary end point was an unexpected return to the hospital system within 30 days from the date of a pediatric neurosurgical procedure. Statistical methods were used to identify clinical and demographic factors associated with the primary end point. Results There were 1358 pediatric neurosurgical procedures performed in the Children's Healthcare of Atlanta operating rooms in 2012, with 37.4% of these surgeries being preceded by admissions through the emergency department. Medicare or Medicaid was the payor for 54.9% of surgeries, and 37.6% of surgeries were shunt related. There were 148 unexpected returns to the system within 30 days after surgery, and in 109 of these cases, the patient had a presenting complaint that was attributable to the index surgery (related returns). The most common complaints were headache, nausea, vomiting, or seizure after shunt revision or cranial procedures (n = 62). The next most common reason for re-presentation was for wound concerns (n = 30). Thirty-seven of the 109 related returns resulted in a reoperation. The monthly rate of related returns was 8.1% ± 2.5% over the 12-month study period. When using related returns as the dependent variable, the authors found that patients who underwent a shunt-related surgery were both more likely to unexpectedly return to the system (OR 1.86, p = 0.008) and to require surgery upon readmission (OR 3.28, p = 0.004). Because an extended hospitalization shortened the window of time for readmission after surgery, extended length of stay was protective against return to system within 30 days of surgery. Importantly, if related and unrelated returns were analyzed together as the dependent variable (n = 148), no independent clinical and demographic risk factor could be identified. Conclusions Quality assessment measures need to be clearly and carefully defined, as the definition itself will impact the analytical results. Clinicians must play a leading role in the development of these measures to ensure their clinical meaningfulness.
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Stare, Janez, Barbara Gruden e Polonca Kovač. "The Management of Complaints in Slovene Public Administration". Organizacija 41, n. 1 (1 gennaio 2008): 22–30. http://dx.doi.org/10.2478/v10051-008-0003-9.
Testo completoAbstract (sommario):
The Management of Complaints in Slovene Public AdministrationThe Slovene public administration is part of the broader social system, therefore it must be responsive and proactive. The instrument of complaint in the administrative procedure, and wider in the context of the entire administrative management, is very helpful to public administration for tracking social changes and should therefore be seen as a form of constructive criticism. On the basis of user complaints regarding its services or the parties to the administrative procedure, the public administration must learn permanently and, as learning organisation, must incorporate its findings into future practice. The starting point of this contribution is the problems of the complaint in the narrow sense - customer dissatisfaction with the functioning of the public administration or arising from the fact that one of the characteristics of the administrative procedure or other services is the direct contact between the customer and the provider of the service. With this approach, the public administration will develop part of an integral system of quality and excellence that underlines the meaning of satisfaction of (all) the users of public services.
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Tsourdi, Evangelia (Lilian). "Holding the European Asylum Support Office Accountable for its role in Asylum Decision-Making: Mission Impossible?" German Law Journal 21, n. 3 (aprile 2020): 506–31. http://dx.doi.org/10.1017/glj.2020.21.
Testo completoAbstract (sommario):
AbstractThe Common European Asylum System (CEAS) seeks to harmonize national asylum procedures. The initial implementation design of the CEAS, reflective of the theory of executive federalism, foresaw that national authorities were to conduct asylum processing and implement the harmonized norms. The implementation design of the EU asylum policy has, nevertheless, started to shift. An integrated European administration is emerging. One area this is pronounced in is asylum decision-making, where patterns of joint implementation have surfaced. This term broadly refers to staff and experts deployed by the European Asylum Support Office (EASO), an EU agency, working alongside national administrators, including on the processing of asylum claims. This Article scrutinizes the emergence of joint implementation patterns in EU asylum policy and the resulting accountability challenge, drawing both from legal analysis and political science theories. I also refer to administrative practice as documented in secondary sources. EASO is currently subject to a mosaic of accountability processes. Two main pitfalls emerge: the intricate balance between accountability and independence; and accessibility for the individual. Against this backdrop, I focus on extra-judicial accountability through the European Ombudsman which, combined with the envisaged internal “individual complaints mechanism” within EASO, could go some way in ensuring applicants’ procedural rights.
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Mikheeva, Irina V., e Elizaveta A. Dolkova. "BEHAVIOURAL SUPERVISION OF THE BANK OF RUSSIA IN PROTECTION OF FINANCIAL SERVICES CONSUMERS' RIGHTS". RUDN Journal of Law 24, n. 2 (15 dicembre 2020): 314–34. http://dx.doi.org/10.22363/2313-2337-2020-24-2-314-334.
Testo completoAbstract (sommario):
The article is devoted to a new type of supervision of financial market participants - behavioral supervision of the Bank of Russia. Behavioral approach to the protection of financial services consumers rights is treated in the zone of action of the administrative-legal regulation mechanism. The authors point to the public nature of the subject composition of its implementation (the Bank of Russia and the executive authorities); the possibility of using the judicial (consideration of citizens' appeals) and (as a result) jurisdictional (bringing the violators of the financial services consumers rights to administrative responsibility) procedural administrative and legal algorithms. The article outlines the types of the behavioral supervision regime of the Bank of Russia. Reactive behavioral supervision is a reaction of the Bank of Russia to complaints or received information about unfair behavior of the financial company towards the consumer. Preventive behavioral supervision is associated with the prevention of serious violations of citizens rights by supervised organizations. Particular attention is paid to consumer risks, the identification of which is one of the goals of behavioral supervision. Supervisory behavioral aspects are closely associated with the financial consumer protection as an important part of the control and supervising activity of the Bank of Russia. Also, the authors analyze the goals and content of behavioral approach to the financial management aimed at minimizing unfair practices. To gain the aim of the research the authors apply general scientific methods (synthesis and analysis, induction and deduction, generalizations) and special methods (formal-legal method). By using general scientific methods and formal-legal method authors investigate the organizational and legal basis for the implementation of behavioral supervision in Russia and determine its advantages and disadvantages. The study expresses assertion that there is the need to place behavioral supervision in the legislative framework, to formulate a definition of behavioral supervision, to clarify the scope and powers of the subjects of its implementation, to determine the content of administrative procedures for the implementation of various types of behavioral supervision within the framework of the interaction of the Bank of Russia and the executive bodies involved in its implementation.
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IVANOV, Serhii. "Administrative procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship". Economics. Finances. Law, n. 5/3 (26 maggio 2021): 13–15. http://dx.doi.org/10.37634/efp.2021.5(3).3.
Testo completoAbstract (sommario):
The paper is devoted to the coverage of the administrative procedure for appealing against decisions, actions or inaction of public administration entities on the provision of public services in the field of migration and citizenship. An administrative appeal is a complex, complex legal institution that includes both procedural and procedural rules. The main forms of administrative appeal are judicial and extrajudicial; moreover, if a court appeal may be exclusively an optional stage of the administrative procedure, then the out-of-court form of consideration of the complaint, also being an optional stage of the administrative procedure, is itself a kind of administrative procedure. In other words, these forms of appeal in the light of the subject of our study will logically be defined as administrative-procedural and administrative-procedural. It is established that the administrative and procedural support of public management of migration is not used effectively enough to appeal in the administrative as a tool to protect the rights of individuals. To overcome this negative trend, we need both transformations in the field of regulatory support, in particular the above amendments to the Law of Ukraine “On Citizens' Appeals” and raising the level of legal culture and legal awareness of all subjects of administrative and legal relations in the study area. The result of intensifying the use of administrative-procedural forms of appeal in the study area should be to reduce the number of administrative lawsuits against the staff and departments of the DMS and ensure the implementation of the principle of efficiency of administrative decisions in the implementation of administrative procedures in public administration of citizenship and migration.
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Hildawati. "INDEKS KEPUASAN MASYARAKAT (IKM) DALAM PELAYANAN SIM PADA SATLANTAS POLRES DUMAI". Jurnal Niara 12, n. 1 (17 maggio 2019): 86–99. http://dx.doi.org/10.31849/nia.v12i1.2641.
Testo completoAbstract (sommario):
Service quality is one of the important studies in bureaucratic reform. Until now, the problems of services provided by the government/ state to the people who make arrangements tend to still have many complaints. Such as the issue of service time which is not in accordance with the standards, convoluted service procedures to the problems of facilities and infrastructure which are considered to be less supportive of the implementation of services. At the Satllantas Polres Dumai, the same problems still occur, including in the service of obtaining a driver's license (SIM). Through Minister of Administrative Reform and Bureaucratic Reform Regulation Number 14 of 2017 concerning Guidelines for Preparing Community Satisfaction Surveys in this study a survey was conducted to find out people's perceptions and satisfaction with the services performed by the Satlantas Polres Dumai in servicing people who manage SIMs. The survey method refers to the provisions in the Minister of Administrative Reform and Bureaucratic Reform Regulation No. 14 of 2017 concerning Guidelines for Preparing the Community Satisfaction Survey. From the results of the study it is known that the IKM value of service quality in obtaining a SIM at the Satlantas Polres Dumai is 3.16 which is in the interval 2.51 - 3.25. Based on these results, the conversion value of IKM obtained is 78.94, which is in the intervals of 62.51 - 81.25 with service quality is B and service performance is categorized as GOOD
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Stotko, Sybilla. "SINGLE-INSTANCE GRIEVANCE PROCEDURE VS. MANIFESTATION OF DISSATISFACTION WITH THE METHOD OF HANDLING THE COMPLAINT". Roczniki Administracji i Prawa 1, n. XXI (30 marzo 2021): 231–41. http://dx.doi.org/10.5604/01.3001.0015.2571.
Testo completoAbstract (sommario):
This paper presents the procedure of grievance proceedings initiated as a result of a common complaint, which is essentially simplified, informalised and of single instance. This paper also discusses the adopted methods of handling complaints and presents the issues arising in situations where the complaining party attempts to challenge the received notification on the manner of handling the complaint, expressing dissatisfaction with the response received. Manifestation of dissatisfaction with the method the complaint is handled due to single-instance nature of the grievance procedure does not refer the case to the higher instance, and is not an institution regulated in the provisions of the Code of Administrative Procedure. Challenging the method of handling a complaint results in a new complaint and the initiation of another grievance procedure before the authority that reviewed the original complaint
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Sever, Tina. "Liability and Compensation for Damages in case of Violation of the Principles of Accountability and Good Governance". Central European Public Administration Review 15, n. 3-4 (5 gennaio 2018): 59–74. http://dx.doi.org/10.17573/ipar.2017.3-4.03.
Testo completoAbstract (sommario):
Accountability is one of the fundamental principles of good governance, defined in various international documents. It is a broad term, which can include different levels of public administration performance, from organisation, relevant regulation, internal and external supervision, transparency to tort liability, etc. The paper focuses on procedural aspects, i.e. decision-making in administrative matters. The latter is usually regulated by an administrative procedure act, which can include among fundamental principles also the principle of accountability. However, other procedural guarantees, e.g. lawfulness, equality, impartiality, proportionality, legal certainty, taking action within a reasonable time, contribute to responsible decision-making as well. In case they are infringed, the state should recognise accountability and have in place an efficient control system providing parties with effective (legal) remedies (e.g. possibility to appeal to the line ministry; administrative inspection; judicial control; constitutional complaint, compensation, etc.). Yet, not every non-compliance (irregularity) leads to (tort) liability. Administrative authorities in fact enjoy a high level of independence. The paper provides an international overview of accountability and analyses the liability of the state as deriving from the Slovene domestic law and the levels of accountability when the efficiency of administrative procedures is under question. The methods used include normative analysis and analysis of the relevant case law.
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Movchan, K. N., R. B. Iskhakov, A. V. Kovalenko e K. I. Rusakevich. "THE MEDICAL AND LEGAL ASPECTS OF EFFECTIVENESS EVALUATIONOF THE EXAMINATION AND TREATMENT OF COMPLICATED FORMS OF DIABETICFOOT IN PATIENTS DISSATISFIED WITH THE QUALITY OF MEDICAL CARE PROVIDED". HERALD of North-Western State Medical University named after I.I. Mechnikov 9, n. 3 (15 settembre 2017): 121–26. http://dx.doi.org/10.17816/mechnikov201793121-126.
Testo completoAbstract (sommario):
Medical care quality assessment in patients suffering from ulcerous-necrotic forms of diabetic foot is a rather problematic question, especially in cases of negative disease outcome. Patients fighting against diabetes mellitus and its complications for saving their lives occasionally not only criticize the healthcare organization without a good cause but use civil law procedures, bringing in an indictment accusing healthcare practitioners of unsuitable medical care. The article discusses deonto- logical aspects of providing medical care to patients with diabetic foot dissatisfied with the quality of examination and treatment in healthcare providing institutions. It also demonstrates the medical and legal conflict which arose due to medical care quality assessment in a patient with complicated form of diabetic foot who regularly was consulted and was under the care of different health care practitioners as an in-patient so as an out-patient. The article illustrates that important factors in successful treat- ment of patient with diabetes mellitus are professional engagement and interaction between healthcare providers of specialized centres and healthcare practitioners at the out-patient stage as well as case follow-up with suitable and well-timed correction of glucemia. Special attention should be given to doctor-patient cooperation. Only a multidisciplinatory approach offers the possibility to improve the quality of medical care provided to patients with complicated forms of diabetic foot and to reduce the frequency of complaints to different medical, social and politico-administrative authoritative bodies.
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Hosoglu, Salih, Annika Yanina Classen e Zekeriya Akturk. "Antibiotic prescription in primary care from the perspective of family physicians: a qualitative study". Journal of Infection in Developing Countries 15, n. 08 (31 agosto 2021): 1117–23. http://dx.doi.org/10.3855/jidc.13924.
Testo completoAbstract (sommario):
Introduction: Antibiotic consumption increases worldwide steadily. Turkey is now top on the list of global consumption and became a prototype of excessive use of antibiotics. In the last two decades, family physicians (FPs) have become key figures in the healthcare system. This study aims to understand the reasons for inappropriate antibiotic prescribing and elicit suggestions for improving antibiotic use in primary care from doctors themselves.
Methodology: This is a qualitative semi-structured interview study with research dialogues guided by the Vancouver School of interpretive phenomenology. Fourteen FPs from different parts of Turkey were questioned on inappropriate antibiotic prescriptions and their suggestions for improving antibiotic use.
Results: The most important reasons for prescribing antibiotics without acceptable indications were patient expectations, defensive medical decision making, constraints due to workload, and limited access to laboratories. The most remarkable inference was the personal feeling of an insecure job environment of the FPs. The most potent suggestions for improving the quality of antibiotic prescription were public campaigns, improvements in the diagnostic infrastructures of primary care centers, and enhancing the social status of FPs. The FPs expressed strong concerns related to the complaints that patients make to administrative bodies.
Conclusions: Primary care physicians work under immense pressure, stemming mainly from workload, patient expectations, and obstacles related to diagnostic processes. Improving the social status of physicians, increasing public awareness, and the facilitation of diagnostic procedures was the methods suggested for increasing antibiotic prescription accuracy.
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Loveday, Barry. "Police Complaints Procedure: An Overview". Social Policy & Administration 19, n. 2 (giugno 1985): 134–44. http://dx.doi.org/10.1111/j.1467-9515.1985.tb00228.x.
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Trofimova, Larysa. "Problematic points of the quality of qualification assessment of judges". Law Review of Kyiv University of Law, n. 2 (10 agosto 2020): 198–207. http://dx.doi.org/10.36695/2219-5521.2.2020.35.
Testo completoAbstract (sommario):
In the article the author proposes problem solving ways of qualification assessment of judges based on the results of her own theoreticalresearch, discloses separate issues of quality of qualification assessment during the confirmation of judge’s compliance withthe position (applicant for the position) from case file research and conducting interviews by members of the High qualification commissionof judges of Ukraine based on provisions of the current legislation of Ukraine and law enforcement.Statistical observations, scientific research and expert studies, case law reveal not only the need to update the judiciary, but alsoto eliminate excessive and unjustified formalism, subjectivity in the exercise of authority to provide quality services, administrative proceduresto ensure the true quality of qualification assessment, compliance / non-compliance of a judge (applicant for the position) withthe criteria of professional competence, ethics and integrity.Legal policy, value system, tendency towards law and order, the human dignity, the protection of individual rights should be abenchmark in uniting the efforts of all members of society to establish the rule of law, ensure the functioning of an independent judiciaryand good governance, build an independent judiciary, the realization of equal opportunities for personal development, as well as theoptimal use of public resources in line with the goal of public policy – the establishment of the rule of law in Ukraine, the purpose ofthe budget program – ensuring the rule of law and protection of human rights and freedoms through the formation of a virtuous, highlyprofessional and independent judiciary.An important component of ensuring the quality of justice is timely and objective assessment of a judge’s competence, the effectivenessof training / maintenance of skills and the definition of professional skills, in particular on the basis of thorough analysis ofrevoked decisions and consideration of complaints, corrected mistakes, “template proceedings”, reasons for the formation of individualopinions in resolving disputes, taking into account the circumstances in connection with the departure from the preliminary conclusionsof the courts of cassation and compliance with procedural deadlines. Problems of subjective, selective approach, which are manifestedin different attitudes towards the participants of the qualification assessment, in order to confirm / not confirm the judge’s suitabilityfor the position and / or conduct competitions during the examination case files and conducting interviews by members of the Highqualification commission of judges of Ukraine, including on the different approach in responding to the conclusions and informationof the GRD with consideration in plenary (without plenary consideration), require further scientific analysis and improvement of legalregulation to prevent abuse of the right to equal opportunities, the right to be heard, the right to a fair trial, the right to quality judicialservices and administrative procedures with the implementation of the principles of good governance.
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Alekseevskaya, Ekaterina I. "Terms of use of judicial acts for machine learning (analysis of some judicial decisions on the protection of property rights)." Law Enforcement Review 4, n. 4 (28 dicembre 2020): 102–14. http://dx.doi.org/10.24147/2542-1514.2020.4(4).102-114.
Testo completoAbstract (sommario):
The subject of the article is some judicial acts on cases concerning protection of private property issued in Russia in recent years in the context of changes in the procedural legislation and legislation on the judicial system. The purpose of this article is to discover whether the current Russian judicial decisions may serve as input data for a machine learning algorithm in future. The main results, scope of application. The article presents an analysis of the changes in the Russian procedural law and in the regulation of the national judicial system in the recent years, which form new trends in judicial practice, according to the latest cases for the protection of private property in the courts. The author makes an analysis of the effectiveness of justice in providing recourse to private property violations in Russia. It is discovered whether the judicial protection has been substantially improved, following the promises of the Russian government. The article argues that these trends in judicial practice will negatively affect the automation of justice in the context of the nationwide digitalization of justice Such digitalization requires setting guidelines for the automated judicial decisions followed by the automated delivery of judicial documents. The methodology combines legal interpretation of judicial acts and Russian legislation comparative research, foresight and critical approach based on structured analysis, induction and deduction. Conclusions. There is a systemic deficiency in protecting private property in Russia, since neither the rules of civil and administrative proceedings, nor the constitutional control tools provide adequate protection on the matter. The recent relocation of the Constitutional Court of Russia from Moscow to St. Petersburg did not promote the judicial independence of the Court. On the contrary, the Constitutional Court, through formal excuses refrains from processing complaints on violation of private property rights and on the inefficiency of judicial procedures. The recent merger of the Supreme Arbitration Court of Russia and the Supreme Court of Russia has contributed to the uniformity of judicial practice. It violated the rights the owners of the shared premises in apartment buildings, but favored the beneficiaries of the management companies, which breach the owners’ rights. Judicial acts studied in this article prove their ineffectiveness in contributing to the quality machine learning for artificial intelligence required for the transition to automatic generation of blueprints and templates of court decisions. Analysis of judicial acts allows to conclude that they cannot serve now as a basis for machine learning of artificial intelligence. They cannot be systematized in databases even by the criterion of the law norms applied by the plaintiffs, since the courts evade the procedural obligation to explain why they reject the law norms that serve as the basis for a lawsuit or complaint, and apply completely different ones. These circumstances require the immediate response from the state authorities, including finding efficient ways to provide sustainable development of justice, i.e. ensuring the Rule of Law and access to courts, since otherwise the digitization of justice will lead to the automation of arbitrariness.
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Nikiforów, Andrzej, e Elżbieta Klat-Górska. "Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 19 lipca 2016 r., II OSK 2762/14". Prawo 322 (6 luglio 2017): 117–30. http://dx.doi.org/10.19195/0524-4544.322.9.
Testo completoAbstract (sommario):
Gloss to the judgment of the Supreme Administrative Court of 19 July 2016, files no. II OSK 2762/14The study presents the judgment of the Supreme Administrative Court of 19 July 2016, II OSK 2762/14, and acceds to the position of the Court. It was explained that on the grounds of the judgment commented, reference is made to the two essentials of general procedural issues, pointing — first — on the eligibility criteria letters sent by the administration to the applicant, and secondly — the basis to force the administration authority issuing the required procedural act. It was pointed out that regardless of whether the administrative authority violates the interests of action, or silence or protraction, an entity shall find a specific remedy standardized by the legislature appeal, complaint, complaint for failure to act, the complaint to the court, etc.. It is, therefore, a authority whose essence and, at the same time, the function is tailored to the specific situation of the process.
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Jakobs, Olivia M., Elizabeth M. O'Leary, Mark F. Cormack e Guan C. Chong. "A working model for the extraordinary review of clinical privileges for doctors and dentists in the Australian Capital Territory". Australian Health Review 34, n. 2 (2010): 170. http://dx.doi.org/10.1071/ah08694.
Testo completoAbstract (sommario):
The extraordinary (unplanned) review of clinical privileges is the means by which an organisation can manage specific complaints about individual practitioners’ clinical competence that require immediate investigation. To date, the extraordinary review of clinical privileges for doctors and dentists has not been the subject of much research and there is a pressing need for the evaluation and review of how different legislated and non-legislated administrative processes work and what they achieve. Although it seems a fair proposition that comprehensive processes for the evaluation of the clinical competence of doctors and dentists may improve the overall delivery of an organisation’s clinical services, in fact, little is known about the relationship between the safety and quality of specific clinical services, procedures and interventions and the efficiency or effectiveness of established methodologies for the routine or the extraordinary review of clinical privileges. The authors present a model of a structured approach to the extraordinary review of clinical privileges within a clinical governance framework in the Australian Capital Territory. The assessment framework uses a primarily qualitative methodology, underpinned by a process of systematic review of clinical competence against the agreed standards of the CanMEDS Physician Competency Framework. The model is a practical, working framework that could be implemented on a hospital-, area health service- or state- and territory-wide basis in any other Australian jurisdiction. What is known about the topic?In Australia, there is a national standard for credentialing and defining the scope of clinical practice for doctors working in hospital settings. However, there are no published reports in the national arena on established processes for the extraordinary review of clinical privileges for doctors or dentists and, despite the major inquiries investigating health system failures in Australian hospitals, the effectiveness and adequacy of existing processes for the extraordinary review of clinical privileges has not yet been prioritised nationally as an area for improvement or reform. Internationally, health care organisations have also been slow to establish frameworks for the management of complaints about doctors or dentists. What does this paper add?This paper makes a significant contribution to the national and international safety and quality literature by presenting an exposition of a working model for the extraordinary review of clinical privileges of doctors and dentists. The authors describe a methodology in the public health sector that is territory-wide (not hospital-based), peer-reviewed, objective, fair and responsive. Because the model is a practical, working framework that could be implemented on a hospital-, area health service- or state- and territory-wide basis in any other Australian jurisdiction, this paper provides an opportunity for policy makers and legislators to drive innovative change. Although incursions into the provision of care by other health professionals have been avoided, the model could be readily adopted by clinical leaders from the nursing and allied health professions. What are the implications for practitioners?An organisation dedicated to investigating serious complaints with a real sense of urgency, objectivity and transparency is far less likely to fester a climate of disquiet or anger amongst staff, or to trigger concerns of a ‘cover-up’ or disregard for accountability than an organisation not adopting such an approach. Anecdotal experience suggests the model has the potential to minimise, if not prevent, the occurrence of the kinds of complaints that become much-publicised in the media. This is positive because these types of damaging high profile cases often have the effect of diminishing community confidence in the health care system, in particular, confidence in the medical profession’s ability to self-regulate. Often, they also lead to a misrepresentation of the medical profession in the media, which is unfair since the overwhelming majority of doctors do meet the standards of their profession.
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Jakubowski, Aleksander. "Zgłaszanie problemów i pomysłów przez Internet z wykorzystaniem map (geolokalizacji). Perspektywa prawnoadministracyjna". Studia Iuridica, n. 85 (15 marzo 2021): 193–212. http://dx.doi.org/10.31338/2544-3135.si.2020-85.13.
Testo completoAbstract (sommario):
This article presents the analysis of the legal aspects of administrative systems for reporting problems and ideas using maps (geolocation – spatial data) via the Internet. As part of the analysis of such systems, the 19115 system functioning in Warsaw was presented in detail. In the article, the legal regulation of the 19115 system which is of an intra-organizational character was referred to the provisions of generally binding laws – Section VIII of the Code of Administrative Procedure and the Regulation of the Council of Ministers of 8 January 2002 on the organization of receipt and processing of complaints and requests. The research confirmed that the functional interpretation of these laws leads to the conclusion that the systems at issue are generally consistent with them. The problems and ideas submitted by residents through such systems should be treated as requests within the meaning of the Code of Administrative Procedure. However, in order to avoid doubts and practical difficulties, it is advisable to amend Section VIII of the Administrative Procedure Code and the Regulation of the Council of Ministers of 8 January 2002 on the organization of the receipt and processing of complaints and requests in accordance with the submitted de lege ferenda conclusions. They assume, inter alia, the introduction of an explicit legal basis for establishing such systems.
26
Dow, John. "Integrated Complaints Procedures for Health and Social Care". Journal of Integrated Care 17, n. 1 (febbraio 2009): 45–48. http://dx.doi.org/10.1108/14769018200900007.
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Shcherbanyuk, Oksana. "Problems of implementation of the constitutional complaint in Ukraine and ways to resolve them". Law Review of Kyiv University of Law, n. 1 (15 aprile 2020): 93–99. http://dx.doi.org/10.36695/2219-5521.1.2020.17.
Testo completoAbstract (sommario):
The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. The article analyses the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. The analysis of the content of the constitutional complaint indicates that the Constitutional Court of Ukraine is most often addressed the citizens of Ukraine with a petition regarding the implementation of the right of everyone to judicial review (in particular, cassation in cases of minor difficulties in administrative proceedings). Also appealed to the citizens with constitutional complaints in relation to social issues to protect their rights stipulated in the legislative acts that have undergone changes, in particular, with respect to the social (pension) insurance of certain categories of citizens (police, military, civil servants, prosecutors).
While the Board and the Senate of the Constitutional Court of Ukraine often refused to open constitutional proceedings on the grounds of inadmissibility of the constitutional complaint (paragraph 4 of article 62 of the law of Ukraine on the constitutional Court of Ukraine), which is indicated at 136 decisions of Collegium of judges and 8 resolutions of the Senates.
It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.
28
Lončar, Zoran. "Reopening the administrative procedure". Zbornik radova Pravnog fakulteta, Novi Sad 54, n. 1 (2020): 195–214. http://dx.doi.org/10.5937/zrpfns54-26265.
Testo completoAbstract (sommario):
The new General Administrative Procedure Act of 2016 introduced a number of innovations in the system of extraordinary legal remedies. From the aspect of legal protection of the parties, the most should have been expected from the changes regarding the Reopening since it is an extraordinary legal remedy, which is by far the most commonly used in administrative practice, due to its existence of process material that was unknown during the conducting of the process. However, the legal regime of this extraordinary remedy has only slightly changed. The basic changes concerns the reasons for the reopening, the time limits within which it can be used, and the circle of entities legally legitimized for filing a reopening. Regarding the reasons for reopening, as the most important element of the legal regime, only minor linguistic corrections were made and only two new reasons were added, due to which the administrative procedure in Serbia today can be reopened even if the Constitutional Court of the Republic of Serbia is in the same administrative matter, the constitutional complaint, found a violation or denial of the human or minority rights and freedoms guaranteed by the Constitution, while not annulling the impugned decision, as well as if the European Court of Human Rights subsequently found in the same administrative matter that rights or freedom of the applicant are violated or denied. Due to the inadequately set objective deadline for filing a Reopening Procedure, which is inappropriately short for this type of reason, the practical importance of prescribing these two new Reopening procedure grounds is greatly diminished. In addition, by omitting the Public Prosecutor, the circle of entities legally legitimized for the Reopening is reduced only to the party from the administrative procedure and the administrative body that issued the final administrative act, which can be repeated ex officio, which in no way contributes, not only to improvement legal protection of the parties to the proceedings, but also the possibility of achieving a greater degree of objective legality in resolving administrative matter.
29
Kożuch, Piotr. "Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji". Studia Prawa Publicznego, n. 2(14) (4 dicembre 2019): 121–45. http://dx.doi.org/10.14746/spp.2016.2.14.5.
Testo completoAbstract (sommario):
The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
30
Kożuch, Piotr. "Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji". Studia Prawa Publicznego, n. 2(14) (24 settembre 2018): 121–45. http://dx.doi.org/10.14746/stpp.2016.2.14.5.
Testo completoAbstract (sommario):
The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
31
Pleshevenya, O. V. "Аppeal Against the Submission on Elimination of Causes and Conditions that Contributed to the Commission Administrative Offence". Rossijskoe pravosudie 4 (25 marzo 2021): 54–58. http://dx.doi.org/10.37399/issn2072-909x.2021.4.54-58.
Testo completoAbstract (sommario):
. The article is devoted to the study of gaps in legislation when appealing against the idea of eliminating the causes and conditions that contributed to the Commission of an administrative offense. The author draws attention to the contradictory jurisprudence in resolving this issue, which violates the constitutional rights to protect the relevant actors, in particular, business entities, and does not promote the unity of the judicial system. The emphasis is on the established judicial practice in a separate appeal of the submission, without filing a complaint against the ruling in the case of administrative offense – in the order of the head of 22 Russian Federation Code of Administrative Procedure. In conclusion, conclusions have been drawn about the need to introduce rules on appeal of the submission out of court to the Code on Administrative Offences of the Russian Federation (or the Procedural Code on Administrative Offences of the Russian Federation, if adopted). Regarding the judicial procedure of appeal, it is proposed to include the relevant rules in theRussian Federation Code of Administrative Procedure.
32
Šehrić, Edina. "LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA". Journal Human Research in Rehabilitation 6, n. 2 (settembre 2016): 27–35. http://dx.doi.org/10.21554/hrr.091605.
Testo completoAbstract (sommario):
The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.
33
Choi, Iseul. "Does Contracting Achieve Better Performance for Democratic-Constitutional, Procedural Tasks? Evidence From the EEO Discrimination Complaint Process". American Review of Public Administration 50, n. 8 (15 maggio 2020): 825–37. http://dx.doi.org/10.1177/0275074020919906.
Testo completoAbstract (sommario):
Contracting out has been considered one of the main performance management strategies to reduce costs and bring more expertise to government agencies. However, there is a lack of research assessing the performance of contractors compared with that of in-house agency employees, when both contractors and public employees deliver complex services. This study examines whether or not contracting achieves better performance in democratic-constitutional, procedural (DCP) tasks compared with in-house delivery, by analyzing contracting use in the Equal Employment Opportunity (EEO) discrimination complaint process. Using agency-level panel data from the Federal EEO Statistical Report of Discrimination Complaints, combined with data from the Federal Procurement Data System and the Federal Employee Viewpoint Survey, the study offers evidence resolving the competing logics for a relationship between contracting use and performance in DCP tasks. The findings show that an increase in contracting is associated with a decrease in timely completion of case investigations, which is a key measure of DCP task performance.
34
Boiaryntseva, M. A. "PROSPECTS FOR THE IMPLEMENTATION OF THE EUROPEAN ADMINISTRATIVE SPACE IN UKRAINE". Actual problems of native jurisprudence, n. 4 (30 agosto 2019): 116–20. http://dx.doi.org/10.15421/391925.
Testo completoAbstract (sommario):
In the article the author determines the peculiarities of consideration and resolution of administrative disputes in foreign countries. The author emphasizes that the priority international and European principle of the implementation of justice is the observance of the rule of law. It has been determined that the contents of the precedents of the European Court of Human Rights testify that they not only contain substantive decisions, but also the norms whose application solves the problem of the interpretation of legal institutions, in particular, such as the principles of the administration of justice. The author stresses that the achievement of the requirements of ensuring the rule of law and the rule of law in accordance with European standards requires the definition of the limits of exercising discretionary powers by public administration bodies. The discretionary powers of public authorities and local self-government bodies cannot be unrestricted, and national courts should determine the limits of interference in their implementation. It is substantiated that the performed characteristic of the aforementioned normative legal acts allows us to conclude that it is necessary to study the principles of the implementation of legal proceedings in the European administrative space as a conditional "benchmark" of the development of the system of administrative courts established by the current legislation. It is stressed that the recommendations that require their implementation in the current administrative-procedural legislation include the implementation of such standards for the implementation of legal proceedings as foreseen requirements for the abolition of the right to appeal in the event that a person failed to comply with part of the court decision that provided for immediate enforcement; definition of procedure for pre-trial and extrajudicial settlement of administrative disputes. It is substantiated that borrowing from the experience of administrative tribunals established in the Anglo-Saxon judicial system, where administrative complaints are dealt with by specially authorized lawyers, is one of the possible ways of solving the problems of a significant load on the system of administrative courts of Ukraine. The author concludes that the effectiveness of the national justice system as a whole, and in particular, administrative justice, depends on the implementation and further implementation of international and foreign standards for the administration of justice.
35
van Rooij, Benjamin, Li Na e Wang Qiliang. "Punishing Polluters: Trends, Local Practice, and Influences, and Their Implications for Administrative Law Enforcement in China". China Law and Society Review 3, n. 2 (30 ottobre 2018): 118–76. http://dx.doi.org/10.1163/25427466-00302002.
Testo completoAbstract (sommario):
Scholars and politicians often complain about how weak administrative law enforcement is in China. To better understand the challenges in law enforcement, as well as variation in actual practices and influences on such practices, the current paper analyzes Chinese pollution law enforcement data from the last two decades as well as in depth qualitative case studies of everyday enforcement practices. It finds that recently enforcement has become much more frequent and stricter. It finds that recent changes in national legislation, centralization reforms, increased citizen complaints, as well as enforcement campaigns all played a role in this. While this has helped strengthen enforcement, and maybe has played a part in recent pollution reductions, it has not fundamentally overcome structural enforcement impediments. The increased authority, independence, and pressure on environmental authorities for stricter enforcement, does not seem to be matched with sufficient investment in resource capacity and support for regular procedural enforcement practices. In addition, the ad-hoc pressure on enforcement has undermined regular legal procedure and stimulated greater socio-economic inequality. These findings about pollution enforcement force us to question simplistic static generalizations of administrative law enforcement and instead develop both large-scale studies that map change over time as well as in-depth case studies that provide a thorough picture of actual practices on the ground. Moreover, the paper concludes that a true picture of administrative enforcement must move beyond looking at the enforcement itself, to looking at how it arrives at the regulated companies and shapes their compliance.
36
Rozczyński, Beniamin, e Maciej Mączyński. "Rola sądownictwa administracyjnego na przykładzie względnej dewolutywności skargi kasacyjnej wniesionej do Naczelnego Sądu Administracyjnego". Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 23 (3 agosto 2018): 81–98. http://dx.doi.org/10.19195/1733-5779.23.6.
Testo completoAbstract (sommario):
The role of the administrative judiciary on the basis of the relative devolution of the cassation appeal filed with the Supreme Administrative CourtThe important role of administrative courts is to examine the legality of public administration operations, which is a manifestation of the implementation of one of the fundamental constitutional principles, i.e. the principle of a democratic state governed by the rule of law, which gives effect to the principle of social justice. The administrative courts were provided with a new procedural instrument — the exchangeability of a cassation appeal. This institution entitles the voivodship administrative court, which states that in a case the proceedings are invalid or the grounds for the cassation complaint are clearly justified, to revoke the appealed judgment or the decision, also deciding on the application of a party on the reimbursement of the cassation proceedings costs and at the same meeting to reconsider the case.
37
Wszołek, Michał. "REPRESENTATION UNDER PETITIONARY PROCEEDINGS AND PROCEEDINGS IN THE MATTER OF COMPLAINTS AND PROPOSALS". Roczniki Administracji i Prawa 2, n. XX (30 giugno 2020): 207–18. http://dx.doi.org/10.5604/01.3001.0014.1708.
Testo completoAbstract (sommario):
The article discusses the issue of representation under petitionary proceedings and proceedings in the matter of complaints and proposals. The above mentioned issue has been analysed within the context of relations between provisions on administrative proceedings in cases individually decided by way of administrative decision and provisions of the above mentioned proceedings due to lack of regulation on representation in parts of legal texts directly concerning them. The author’s goal is to present the theoretical basis of the representatives’ actions in above mentioned proceedings. Consequently, the article is supported by opinions of legal scholars specialised in administrative procedural law and theoreticians of law, contains analysis of the rule concerning application mutatis mutandis of provisions on administrative proceedings in cases individually decided by way of administrative decision in petitionary proceedings and analysis of application of provisions on administrative proceedings in cases individually decided by way of administrative decision in proceedings in the matter of complaints and proposals based on analogy.
38
SHISHKINA, Olga E., Olga V. HABIBULINA e Aleksandr F. REKHOVSKIY. "Liability for Administrative Offences: Standards of European Court of Human Rights and the Current State of the Legislation on Administrative Offences in Russia". Journal of Advanced Research in Law and Economics 9, n. 1 (26 settembre 2018): 307. http://dx.doi.org/10.14505//jarle.v9.1(31).36.
Testo completoAbstract (sommario):
Recently, there has been a substantial increase in the number of judgments delivered by the European Court of Human Rights with regard to the Russian Federation on the complaints filed by Russian citizens, including the complaints related to the liability for administrative offences. The characteristic tendency of the European Court of Human Rights to qualify administrative offences as criminal acts not only brings into focus the issue of ensuring procedural safeguards for individuals charged with administrative offences but also touches upon material aspects of the relation between criminal and administrative law-breaking in Russia as well as changes the traditional juristic view upon the essence of the legislation on administrative offence. Political and economic reforms of Perestroika and the first post-Soviet decade had a significant influence on the institution of administrative justice. Hence, on the one hand, its current state is caused by objective reasons. On the other hand, the legislator, having quite a broad discretion in determining whether to impose administrative or criminal sanctions in each particular case, has seriously blurred the material boundary between criminal and administrative offences. The problem of present-day legislation on administrative offences in Russia is a material hypertrophy of administrative liability together with continuous reduction of procedural safeguards and guarantees for individuals charged with administrative offences. The procedural norms of the existing Code of Administrative Offences of the Russian Federation cannot provide for the adversarial nature of the administrative trial due to the fact that the Code of Administrative Offences of the Russian Federation is not methodologically aimed at regulating administrative (judicial) proceedings.
39
Jolowicz, JA. "Adversarial and Inquisitorial Models of Civil Procedure". International and Comparative Law Quarterly 52, n. 2 (aprile 2003): 281–95. http://dx.doi.org/10.1093/iclq/52.2.281.
Testo completoAbstract (sommario):
There is a widespread belief in this country that while England and the other common law countries have an adversarial system of civil procedure, continental countries use the inquisitorial system. The fact is, however, that the only kind of situation in which a truly inquisitorial procedure can be envisaged is exemplified when a policeman who, arriving at the scene of a fracas, opens the proceedings with the time honoured formula, ‘What's going on here?’ Short of that, there is nothing to which an inquisitorial judge can direct his inquiry unless and until a complaint of some kind is addressed to him. Even writers on French administrative law, whose procedure is claimed to be inquisitorial, find it difficult to avoid language that might be thought more appropriate to an adversary system. So for example, it is said that notice of the complaint must be given to all those whom the claimant indicates as his opponents.
40
Jerinić, Jelena. "Form over Substance: Possibilities to Prove Electoral Irregularities under Serbian Law". Central European Public Administration Review 18, n. 2 (30 novembre 2020): 101–20. http://dx.doi.org/10.17573/cepar.2020.2.05.
Testo completoAbstract (sommario):
The article analyses Serbian legislation and case law applicable to electoral disputes, in particular those relevant to the determination of facts in these disputes, and the potential influence of procedural rules on the efficiency of protection of constitutionally guaranteed electoral rights. Besides Serbian legislation and case law, the analysis leans on the relevant European standards, including the case law of the European Court of Human Rights. The results show that in practice, electoral commissions and courts use a limited circle of means of evidence and that the evidence submitted by complainants is not evaluated in the same way as the one coming from electoral boards. Although the application of general rules on administrative disputes is explicitly envisaged in electoral laws, the Administrative Court usually defers to the decisions and reasoning of electoral commissions, without supplementing the facts within court procedure, and relatively rarely or selectively decides in full jurisdiction. The author suggests amendments to the relevant legislation, aiming at a more explicit inclination towards the relevant procedural norms or, possibly, special regulation of evidencing in electoral legislation. In her view, a more explicit direction towards the application of the rules of general administrative procedure, in particular rules on evidencing, would lead to their more consistent application in practice.
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Pudelka, Jörg, e Jens Johannes Deppe. "GENERAL ADMINISTRATIVE LAW IN DEVELOPMENT IN CENTRAL ASIA". Administrative law and process, n. 3(26) (2019): 19–61. http://dx.doi.org/10.17721/2227-796x.2019.3.02.
Testo completoAbstract (sommario):
Transformation in the Central Asia is seen as regards to move towards the market economy, while democratization – rather in in deficit. Nevertheless author sees new signs in the relations of individuals and the state. While the Kyrgyz Republic, Tajikistan and Kazakhstan introduced new administrative procedural laws, they are so revolutionary or, to the contrary, meaningless that their application is not yet certain or requires continued effort. Not only government resources valued as scarce but legal and administrative sciences are behind needs. Findings on administrative and constitutional judiciary presented for Kazakhstan, Uzbekistan, Tajikistan and Turkmenistan. In the first state they are rather active, while in Uzbekistan and Tajikistan rather in shadow, while no one in Turkmenistan. The Kyrgyz Republic has recently given its constitutional court control to its Supreme Court. Public administration in Central Asia author sees as defect, mass media under strict state control, right to a complaint and to a lawsuit as not generally known (kind of exception: Kyrgyz Republic). Presented findings to legal advice and assistance especially in courts valued low or not granted in civil and administrative disputes, legal guarantees of access to justice as uncertain. “Worldwide Governance Indicators (WGI)” are presented and except in accountability of government, rule of law and the control of corruption other points are valued as positive. Having earlier Russia as a leading example now it qualifies no more, generally there is no modelling for administrative matters and laws. As models author presents sections 9, 10, 22, 24, 25, 26, 28 and some basic principles of the German Federal Administrative Procedure Act. Valuing findings, some changes named substantial / sustainable, most rather formal of short-lived. Kazakhstan is named in every respect better than Tajikistan, Turkmenistan and Uzbekistan. Latter states have equally negative reform policy. Except in the Kyrgyz Republic the elections are described as not free and fair.
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Ablaeva, E. B., A. R. Ensebayeva e M. A. Utanov. "Administrative Justice in the Soviet Period (Analysis of the Doctrine, Legislation and Procedure of the First Half of the 20th Century)". Lex Russica, n. 1 (19 gennaio 2021): 67–81. http://dx.doi.org/10.17803/1729-5920.2021.170.1.067-081.
Testo completoAbstract (sommario):
Socio-political significance and legal status of the institute of administrative justice are widely understood in the context of the thorough analysis of Soviet theory, legislation and practice of the first half of the last century. The choice of the subject matter of the study is preconditioned by the universally recognized periodization, according to which administrative justice in the Soviet period reached the highest level of development in the first half of the 20th century after the foundations of civil proceedings of the Union of the SSR and the Soviet Union Republics were approved in 1961. From this point of view, it is very interesting and useful to study the objective circumstances that took place in the first half of the last century. The study covers the beginning of the Soviet path of development and improvement of the institute of administrative justice, the lower border of which constitutes the final moment of the establishment of Soviet power, and the upper border covers the post-war period of the Soviet Union. The grounds, conditions and procedure of settlement of complaints against actions of Soviet institutions and officials are identified by various bodies. The selected subject matter was actualized during the development and adoption of the first Administrative Procedural Code of the Republic of Kazakhstan, as well as in the course of institutional reform aimed at ensuring the rule of law, including in the areas of public administration and local government.The purpose of this paper is to study the issues of regulation of public relations arising between the Soviet State represented by public authorities, their officials, state officials, on the one hand, and Soviet citizens and their associations, on the other. To achieve this goal, the following tasks are set: studying the normative legal acts of the Soviet power issued by the central election commissions, All-Russian congresses of councils, people's commissariats, workers'-peasants' inspectorates, councils of workers'-and-peasants' defenses and many other Soviet institutions regulating administrative justice in the first half of the 20th century; determination of grounds, conditions and procedure for appealing or challenging the legality of acts, decisions, actions or omissions to act on behalf of Soviet institutions and officials; analysis of the legal thought of the first half of the 20th century.
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Rendrawan, Gede Rendrawan, Trianasari Trianasari e A. A. Ngr Yudha Martin Mahardika. "Jenis Keluhan dan Cara Penanganan Keluhan di Hotel Holiday Inn Resort Baruna Bali". Jurnal Manajemen Perhotelan dan Pariwisata 3, n. 1 (30 settembre 2020): 10. http://dx.doi.org/10.23887/jmpp.v3i1.28996.
Testo completoAbstract (sommario):
This study aims to determine the types of complaints and how to handle the department f & b service at the Hotel Baruna Bali Holiday Resort. This research is a qualitative descriptive study using interviews and observations as a method of collecting data. The informants who participated in this study were tour operators in the field of administration. The results showed that there were several types of complaints at the F&B Service Department at the Baruna Bali Holiday Resort Hotel. The results showed that the types of complaints by the F&B Service Department at Baruna Bali Holiday Resort Hotel were the lack of professional waiters / waitresses, when serving guests, waiters / waitresses were not polite when serving guests, guests waiting for orders too long. There is a procedure for handling guest complaints at the F&B Service Department at the Baruna Bali Holiday Resort Hotel called ILEAD. This procedure serves as a guideline for employees in the department f & b service in handling complaints
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Mielczarek-Mikołajów, Justyna. "Ponaglenie jako środek ochrony sytuacji prawnej jednostki". Opolskie Studia Administracyjno-Prawne 17, n. 1 (15 novembre 2019): 173–82. http://dx.doi.org/10.25167/osap.1503.
Testo completoAbstract (sommario):
So far, the parties to administrative proceedings, in order to counteract the slowness of the body conducting the proceedings, have been able to file a complaint about not handling the case on time or on the lengthy conducting of the proceedings themselves. The legislator, taking into account the experience to date, as a result of the amendment to the Code of Administrative Procedure, decided to replace the complaint with a reminder. The article describes the constituent elements of this form of urgency, as well as practical issues related to the application of this measure by the parties and authorities conducting the proceedings.
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Lamboo, Terry. "Police misconduct: accountability of internal investigations". International Journal of Public Sector Management 23, n. 7 (5 ottobre 2010): 613–31. http://dx.doi.org/10.1108/09513551011078888.
Testo completoAbstract (sommario):
PurposeThe purpose of this paper is to report the findings of an analysis of official data on police misconduct, providing new insights into the nature and extent of police misconduct and in the official response to police misconduct. Next to the use of force and neglect of duty, private time misconduct is a major type of (alleged) misconduct although it is often discarded from theoretical conceptions of police misconduct. The analysis also showed that two‐thirds of internal investigations are the result of an internal report. This paper shows that official data on police misconduct can result in new insights in the nature and extent of police misconduct and is therefore a relevant source for academic analysis.Design/methodology/approachAn analysis of official data on police misconduct is compared with theoretical notions of police misconduct, internal investigations and reliability of official data.FindingsThe implementation of a uniform Registration of Internal Investigations for all Dutch police forces has resulted in a clear increase in the number of registered investigations. This seems to be due to a combination of increased strictness on (alleged) misconduct and an improved quality of the registration. The analysis also showed that two‐thirds of the investigations are the result of an internal report. This places a new perspective on the so‐called code of silence among police officers. However, information on the extent and nature of complaints that are dealt with through the complaints procedure is lacking. The complaints procedure has also no formal relation with the disciplinary or criminal procedures.Research limitations/implicationsOfficial data on police misconduct have to be viewed with a critical eye. The analyses showed however that the Dutch data seem fairly reliable. Additional research should place the official data in further perspective, e.g. through case studies and through a control of the registration with the files of the Bureaux of Internal Investigations. Finally, a comparison with official data in other countries is needed.Practical implicationsThe Dutch police should improve its complaints procedures and the complaints registration.Originality/valueAcademic analysis of police misconduct is often limited to case studies of scandals or focuses on citizen complaints. The paper gives a broader perspective by using official data.
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PARENTE, SALVATORE ANTONELLO. "IL RECLAMO E LA MEDIAZIONE TRIBUTARIA DOPO LA RIFORMA: PROFILI RICOSTRUTTIVI E RISVOLTI APPLICATIVI – PARTE SECONDA". Civitas et Lex 14, n. 2 (30 giugno 2017): 35–52. http://dx.doi.org/10.31648/cetl.2461.
Testo completoAbstract (sommario):
Alongside the expansion of subjective assumptions, required for the experiment of complaint/mediation, the real innovation is the broadening of the audience of those who can speak about it:tax agencies and any other body levying entity (for example, local authorities), whose decision wasthe subject of appeal. While tax agencies, given the considerable size, shall examine the complaintthrough facilities other than those that materially have issued actionable measures, for the otherinstitutions, whose acts are subject to the remedy, the identification of the subject responsible fordealing with complaints is left to the internal organisation of each: this entails, especially for thoseof limited size, significant difficulties in identifying, within the organization, a different subjectand autonomous, it can act as a mediator.Compared to the original formulation of the norm, whose wording seemed to distinguish theclaim from the action, the technique of drafting the novel seems much more consistent, whereremedies to concerns raised by the previous version: reformed text, the appeal also produces theeffect of a complaint and may contain a proposal for mediation with restatement of the amountof the claim; in the former, on the other hand, it highlighted a duplication, since it is necessaryto those who intend to institute proceedings, to present preliminarily claim, that, after 90 days,turned into action, producing the effects of such an act. The second paragraph of article 17 bis,confirming an earlier regulatory intervention, shared by constitutional jurisprudence, sanctionedon admissibility the failure to follow the procedure: the complaint/appeal, ritually notified financialadministration, gives life to the mediation process, which is to end in the next 90 days, regardlessof the presence of a proposal.The reform did not vary the methods of refinement of complaint/mediation: even in the currentregime, the mediation agreement related to disputes concerning an act to impose taxes or levyingstudies with payment of the full amount or the first installment, to be carried out within 20 daysafter the date of signature; except for disputes concerning tax refunds and the land on whichthe mediation is concluded with the mere signing of agreement as a result of the agreement, thetaxpayer may be treated to favor concerning the extent of administrative penalties, which applyin an amount equal to thirty-five per cent of the statutory minimum made by edict. Regarding theapplication in time, the new provisions on the procedure for complaint/mediation shall be applicableas from 1 January 2016.
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Preston-Shoot, Michael. "A Triumph of Hope over Experience? Modernizing Accountability: The Case of Complaints Procedures in Community Care". Social Policy & Administration 35, n. 6 (dicembre 2001): 701–15. http://dx.doi.org/10.1111/1467-9515.00262.
Testo completo
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Jastrzębski, Robert. "Dopuszczalność drogi sądowoadministracyjnej od orzeczeń Komisji Regulacyjnej ds. Polskiego Autokefalicznego Kościoła Prawosławnego". Zeszyty Prawnicze Biura Analiz Sejmowych 4, n. 68 (2020): 161–75. http://dx.doi.org/10.31268/zpbas.2020.82.
Testo completoAbstract (sommario):
The article contains a historical and legal outline, taking into account the evolution of the jurisprudence of the Constitutional Tribunal and the Supreme Administrative Court. The admissibility of initiating the judicial-administrative procedure against the decisions of the Regulatory Commission of the Polish Autocephalous Orthodox Church is closely related to the judgments of these bodies. The author concluded that, in accordance with the provisions of the Act on the State’s Relationship to the Polish Autocephalous Orthodox Church, the ruling of the Regulatory Committee should be recognized as an administrative decision issued in a single-instance procedure. Such a decision is a final one, against which a party has the right to lodge a complaint to a voivodeship (i.e. provincial) administrative court.
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Kulesza, Ewa. "The protection of customer personal data as an element of entrepreneurs’ ethical conduct". Annales. Etyka w Życiu Gospodarczym 21, n. 7 (2 aprile 2018): 27–44. http://dx.doi.org/10.18778/1899-2226.21.7.02.
Testo completoAbstract (sommario):
The right to the protection of personal data, which is part of the right to privacy, is a fundamental human right. Thus, its guarantees were included in the high-level regulations of the European Union as well as the legal norms of the EU Member States. The first Polish law regulating the protection of personal data was adopted in 1997 as the implementation of EU Directive 95/46. The law imposed a number of obligations on public and private entities which process personal data in order to protect the rights of data subjects and, in particular, to guarantee them the ability to control the correctness of processing of their personal data. Therefore, the law obliged data controllers to process data only on the basis of the premises indicated in the legislation, to adequately secure data, and to comply with the disclosure obligation concerning data subjects, including their right to correct false or outdated data or to request removal of data processed in violation of the law. However, as complaints directed by citizens to the supervisory body—the Inspector General for Personal Data Protection—showed, personal data controllers, especially those operating in the private sector, did not comply with the law, acting in a manner that violated their customers’ rights. In the hitherto existing unfair business practices of entrepreneurs, the violations of the data protection provisions that were the most burdensome for customers were related to preventing them from exercising their rights, including the right to control the processing of data, as well as the failure to provide the controller’s business address, which made it impossible for subjects whose data were used in violation of the law or for the inspecting authorities to contact the company, a lack of data security and a failure to follow the procedures required by law, the failure to secure documents containing personal data or their abandonment, a lack of updating customer data, the use of unverified data sets and sending marketing offers to deceased people or incorrect target recipients, and excessive amounts of data requested by controllers. The violations of the rights of data subjects recorded in Poland and other EU Member States—among other arguments—provided inspiration for the preparation of a new legal act in the form of the EU General Data Protection Regulation (GDPR) (which entered into force on 25 May 2018). The extension of the rights of people whose data are processed was combined in the GDPR with the introduction of new legal instruments disciplining data controllers. Instruments in the form of administrative fines and the strongly emphasised possibility to demand compensation for a violation of the right to data protection were directed in particular against economic entities violating the law.
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Lubenchenko, O. E., e М. М. Vasiliuk. "Organizational Principles of the Financial Reporting Audit in Ukraine". Statistics of Ukraine 85, n. 2 (22 agosto 2019): 92–97. http://dx.doi.org/10.31767/su.2(85)2019.02.10.
Testo completoAbstract (sommario):
The steps to organize the work of an audit firm on performing the task of obligatory audit of financial reporting are defined: (i) appoint the key partner in the audit considering the criteria of audit quality, independence and competency; (ii) record the revealed non-compliances with the Law of Ukraine “Audit of Financial Reporting and Auditing Activities” in the work of an audit firm; (iii) make up personal records of audit customers; (vi) make up working documents, including the ones confirming independence of an audit firm and its staff, conclusions made in time of audit, to produce the audit report; (v) consider the specifics of actions of the key partner in audit in checking the consolidated financial report, the interactions with the Inspection on Quality Assurance, which is a part of the Body charged with public supervision of auditing and the Audit Chamber of Ukraine. It is found that more than one key partner can be appointed according to the Ukrainian law. This situation is fully acceptable when financial reports of high structured economic entities making up consolidated reporting are audited.
It is substantiated that the key partner in audit and task teams members are appointed by an administrative document (the order) of an audit firm. The latter are appointed after the assessment of resources (human and technical) necessary for the task completion at the phase of client acceptance, which can be subject to subsequent review at the phases of planning and task performing, with the respective change in the team staff. An example of calculating the time budget for the audit task completion is provided. It is emphasized that a change of the key partner in time of audit would not be reasonable, because it is stipulated in the law that such partner must be personally involved in checking and sign the auditor report when the check is over. A change of the key partner will decline the quality of financial reporting audit due to the lack of permanent supervision over the checking process and control of task team members, especially when contradictory issues have to be dealt with. An audit firm can reveal non-compliances of its practices with the requirements of the Law of Ukraine “Audit of Financial Reporting and Auditing Activities” and introduce the procedures of recording the revealed non-compliances. These non-compliances are systematized in the article. A format of the personal records of audit customers and sources of making up personal records are specified. A format of the book for analysis of complaints coming from customers and regulatory bodies is proposed to audit firms. The recommended measures can help assure the quality of financial reporting audit in Ukraine.