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Journal articles on the topic 'Contractual public order'

Author: Grafiati

Published: 24 June 2021

Last updated: 29 July 2025

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1

Vincent-Jones, Peter. "The limits of contractual order in public sector transacting." Legal Studies 14, no. 3 (1994): 364–92. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00509.x.

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Contract is playing an increasingly important part in the restructuring of the public sector in Britain in the 1990s. The direct providing role of the state is being reduced through the ‘contracting out’ of ancillary and core services in the NHS, central and local government, whilst the policy aim of increasing the efficiency of public sector management involves contract in the operation of internal markets, the creation of specialist agencies with clearly defined functions and responsibilities, the devolution of financial responsibility to budget-holding business units operating in internal t

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Martiniello, Laura, Donato Morea, Francesco Paolone, and Riccardo Tiscini. "Energy Performance Contracting and Public-Private Partnership: How to Share Risks and Balance Benefits." Energies 13, no. 14 (2020): 3625. http://dx.doi.org/10.3390/en13143625.

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Public private partnerships (PPPs) are a well-known instrument used worldwide by public administration (PA) to build public infrastructure using private knowhow and financial resources, and sharing risks. In recent years, PPPs have been widely adopted to develop energy efficiency projects between public and private sectors. In this context, a successful project requires a contractual arrangement based on energy performance contracting (EPC) that balances the interests of the two parties. This paper aims to answer two questions: how to share the benefits between the contractual parties and reac

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Handayani, Mira, Yuslim Yuslim, and Ulfanora Ulfanora. "Legal Standing of Work Order (SPK) by the Existence of Agreement on the Procurement of Public Goods in the Education Office of Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (2019): 327. http://dx.doi.org/10.18415/ijmmu.v6i5.1090.

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Legal relation between user and provider, that occurs during the process of signing the agreement on the procurement of goods and services until the process of terminating the agreement, is called civil law relation which is specified as contractual relation. In the process of user and service user agreement, the government is represented by Budget User or Proxy or Commitment Officer (CO) or Procurement Official as an individual. Regarding this matter, the research problem is on how the legal standing of work order by the existence the public procurement agreement and on how the contractual re

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BACHEV, Hrabrin. "Economic Dimensions of Agrarian Contracting." Theoretical and Practical Research in Economic Fields 15, no. 2 (2024): 288. http://dx.doi.org/10.14505/tpref.v15.2(30).12.

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The achievements of the interdisciplinary New Institutional Economics are adapted and a holistic approach to the definition, classification, evaluation, and improvement of contracts and contractual relations is justified. A critical analysis of the contemporary development of Contractual Economics is made and the specificity of the economic study of agrarian contracts is summarized. A ‘new’ Agents-Means-Process-Order (AMPO) approach for economic analysis, evaluation and improvement of agrarian contracts is presented, including: (1) economic definition of agrarian contracts and characterization

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Ahlin, Janez. "Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests." Lex localis - Journal of Local Self-Government 6, no. 2 (2009): 245–70. http://dx.doi.org/10.4335/52.

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The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding t

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Савельева, Мария Владимировна. "Invalidity of Transaction Disturbing Public Order and Morals: Problematic Issues of Legal Regulation." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2019): 132–36. http://dx.doi.org/10.26163/gief.2019.16.30.020.

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В настоящее время особого внимания требуют ценностные оценки измерений и обобщений социальных перемен. Взаимосвязь права и морали нагляднее всего представляется в проблемных ситуациях, при этом споры в гражданско-правовой области о нарушении моральных и правовых требований могут относиться не только к деликтным обязательствам, но образовываться из договорных обязательств. Практическая реализация правовых и моральных требований в современном обществе является предметом исследования в настоящей статье. Автором исследуется природа понятия «нравственности» в современных зарубежных правопорядках и

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Peng, Xiaoqi, Wenhua Hou, and Lin Wang. "The influence of contractual and relational governance on the sustainable performance of public-private partnership projects: Findings from PLS-SEM." Advances in Economics and Management Research 1, no. 3 (2023): 314. http://dx.doi.org/10.56028/aemr.3.1.314.

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As a widely adopted model of infrastructure and public service provision, the goal of PPP projects is gradually shifting from traditional economic orientation to sustainable development orientation. During this process, contractual governance and relational governance are regarded as effective ways to improve the sustainable performance of PPP projects. This paper extends contractual governance (control, coordination, adaptation) and relational governance (trust, communication, reciprocity, and industry practices) to second-order constructs. On this basis, partial least squares structural equa

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Janssen-Jansen, Leonie B., and Menno van der Veen. "Contracting communities: Conceptualizing Community Benefits Agreements to improve citizen involvement in urban development projects." Environment and Planning A: Economy and Space 49, no. 1 (2016): 205–25. http://dx.doi.org/10.1177/0308518x16664730.

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Contractual agreements are becoming increasingly important for city governments seeking to manage urban development. Contractual governance involves direct relations between the local state and different public and private actors and citizens. Although abundant literature exists on public–private partnerships related to urban development projects, agreements made between citizens, interest organizations and market parties, such as Community Benefits Agreements remain under-explored and under-theorized. While it may seem that the state is absent from contemporary forms of contractual governance

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9

Tomić, Jovana. "In-house contracts in the European Union law." Megatrend revija 18, no. 2 (2021): 283–94. http://dx.doi.org/10.5937/megrev2102283t.

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After successful implementation of public procurement procedure, a purchaser concludes public contract with a selected bidder. If, according to the European union law and Republic of Serbia domestic law, the purchaser and the bidder are considered as "affiliated" subjects, they are not obliged to apply public procurement rules and the contract they are concluding in that case is being called in-house. In order to avoid invoking an in-house contractual relation in such a situations where public procurement rules should be applied, it is important to recognize characteristics of such a contractu

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Chalyі, Yu I. "Regimes of dispositivity in the legal regulation of contractual relations." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (2023): 72–83. http://dx.doi.org/10.32631/v.2023.2.38.

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It has been concluded that there is a need for further differentiation of the dispositivity regimes in the regulation of contractual relations. The contractual relationship "entrepreneur - entrepreneur" requires the highest possible degree of discretionary provisions of the legislation governing these relations, but the freedom of contract in such relations may be limited based on the need to maintain public order, public morality, restrain monopoly, protect third parties from negative externalities arising from certain types of economic activity. In the legal regulation of contractual r

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Fartos, Farah Karim, and Hassan Fadala Musa. "Means of Paying Contractual Responsibility in Automatic Contracts." Indiana Journal of Multidisciplinary Research 2, no. 5 (2022): 1–6. https://doi.org/10.5281/zenodo.7254316.

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<strong>Abstract:</strong> The emergence of the contract is based on the will that is the contractual basis between the parties, and therefore that will has the freedom to pay the rules of contractual responsibility, whether exempt or dilution, in the context of the general rules of contract responsibility in terms of agreements to modify the extent of responsibility on automatic contracts in the absence of legal rules on contractual responsibility for automatic contracts, as the law allowed contractors to agree to amend the provisions of contractual responsibility, when the provisions of this

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Rogulenko, T. M., A. V. Bodyako, S. V. Ponomareva, and P. A. Pashkov. "Methodological support of the Estimated Efficiency of Public Procurement on a Contractual basis." Finance: Theory and Practice 27, no. 5 (2023): 18–29. http://dx.doi.org/10.26794/2587-5671-2023-27-5-18-29.

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The subject of the study is the problems of institutional and methodological-legal regulation of the contract system of public procurement.The relevance of the problem is due to the fact that there have been changes in the structure and composition of forms of contract activity as a result of the 2017 adoption of amendments to Law No. 44 in the dynamics of the distribution of order placement procedures.The purpose of the study is to develop a scientific methodology for calculating the effectiveness of procurement activities on the basis of a comprehensive assessment of the effectiveness of pub

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Kimoga, Joseph. "State-Public University Contractual Relationship Impact on Student’s Accessibility Rights: The Agency Theory Perspective." East African Journal of Education Studies 4, no. 1 (2021): 48–60. http://dx.doi.org/10.37284/eajes.4.1.451.

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The state-public university contractual relationship constrains public universities to be driven by the state expected level of quality output of graduates. The relationship reduces institutional substantive and procedural autonomy in specific key areas like student admission. In order to achieve good results consonant to the state support, universities are directed to ensure strict scrutiny of those they admit. This locks out many qualifying students from accessing studies at state-funded institutions. This study uses the perspective of agency theory to assess the impact of state – public uni

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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes." Journal of Law and Sustainable Development 12, no. 1 (2024): e2759. http://dx.doi.org/10.55908/sdgs.v12i1.2759.

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Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations su

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Lukáčka, Peter, and Peter Kubolek. "Contractual terms and conditions in the context of the public procurement principles and legal competence of the Public Procurement Office in Slovakia." Bratislava Law Review 2, no. 2 (2018): 119–26. http://dx.doi.org/10.46282/blr.2018.2.2.113.

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This article focuses particularly on identifying the limits of the problematic aspects of the formulation of the contract proposal or contractual terms and conditions as a part of the tender documents in the context of compliance with the principles of non-discrimination, economy and efficiency in public procurement. The authors concentrate on assessing the possibility of carrying out the supervision activities of the Public Procurement Office in reviewing the above mentioned categories of tender documents in order to ensure the fulfillment of the basic principles of public procurement.

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Filatova, U. B., and E. O. Ganeva. "Organizational Foundations of Social Entrepreneurship: Features of Contractual Structures." Siberian Law Herald 4, no. 91 (2020): 54–58. http://dx.doi.org/10.26516/2071-8136.2020.4.54.

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The article is devoted to the research of the Institute of social entrepreneurship. The authors identify the features of the organization of contractual relations in relations mediating the provision of social services. Attention is drawn to the fact that the legislation does not have a unified approach to understanding social services, as well as an exhaustive list of services related to social services. Based on the analysis of current legislation on social entrepreneurship, the article identifies problems related to determining the legal nature of the state (municipal) social order. The aut

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Davydenkova, Antonina G. "The idea of State responsibility within the framework of contractual theories." Человек Общество Наука 6, no. 2 (2025): 16–32. https://doi.org/10.53015/3034-3151_2025_6_2_16-32.

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The article examines the problem of responsibility in the field of public relations. It is shown that the state bears social responsibility not only in terms of providing social guarantees to the population, but also influences people's worldview. Responsibility is generally understood as the ability of a subject (person, group, organization) to assume certain obligations and answer for the consequences of their actions. The question is raised about the relationship between the personal responsibility of officials and ensuring public order. The main task is to identify those permanent prioriti

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18

DOROZHINSKY, S. V. "FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 1, no. 6 (2020): 42–46. http://dx.doi.org/10.36871/ek.up.p.r.2020.06.01.007.

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The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

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Belkin, Dmitry Semenovich. "Coercion and international legal responsibility in international construction contract law." Международное право, no. 2 (February 2025): 63–83. https://doi.org/10.25136/2644-5514.2025.2.73857.

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This study investigates the intricate mechanisms of coercion in international construction contracts amid a rapidly evolving multipolar global order. It analyzes diverse forms of pressure—including economic, administrative, and political measures—that significantly influence contractual relations between state actors and private contractors. The research applies comparative legal analysis, case study methodology, and formal-legal interpretation of international investment agreements and standard FIDIC contracts. Through the examination of key arbitration cases, the study identifies how inadequ

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Scherr, Kathrin Maria. "Public Liability for Administrative Acts under French Law." European Public Law 14, Issue 2 (2008): 213–36. http://dx.doi.org/10.54648/euro2008016.

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This article examines the interplay between the concept of non–contractual liability under administrative law in France and the evolution of Member State liability under European Community law. It does so by exploring the development of the framework of public liability under French law. Starting from the basic principle of separation of courts under the French legal order, the article discusses the complex and yet decisive elements which led to the formation of State liability in France. Against this background, the article then provides a general reflection on how the initial one-sided influ

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Mišković, Maša. "Akti državnih organa kao viša sila u ugovorima o međunarodnoj prodaji nafte i gasa." Pravo i privreda 61, no. 3 (2023): 802–20. http://dx.doi.org/10.55836/pip_23306a.

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This paper examines the effect of public authorities’ acts on performance of obligations in contracts for the international sale of oil and gas. The question arises as to whether such acts represent force majeure that the contracting parties can invoke in order to exempt themselves from the performance of contractual obligations and from contractual liability. This question is analysed through arbitral awards and court decisions in disputes that have arisen on this issue since 1970s. The issue has become particularly relevant since April 2022, when the Decree on the transition to payment for n

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Hitoum, Mesaoud. "The Specificity of the Arbitration Agreement in Contracts Concluded by Public Moral Persons in the Field of International Economic Relations [In Arabic]." Milev Journal of Research and Studies 8, no. 2 (2022): 286–304. http://dx.doi.org/10.58205/mjrs.v8i2.104.

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Peoples have known the arbitration system since ancient times, and it was initially limited to resolving existing disputes or that could arise in private contractual and non-contractual relations, while arbitration in public contracts did not spread and was not known until after the urgent need dictated it, so this study deals with the specifics of The arbitration agreement concluded by public legal persons, and how the various aspects that usually deal with arbitration appear, and the extent to which that corresponds to administrative contracts. On the other hand, we noticed how the state has

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Kostecki, Dawid. "Administrative Law Values – Attempts at Methodological Order." Studia Iuridica Lublinensia 32, no. 5 (2023): 239–48. http://dx.doi.org/10.17951/sil.2023.32.5.239-248.

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The appeals to values and the renaissance of axiological thought in the various legal dogmas naturally prompt a methodological order. The article is a voice in the debate on attempts to systematize values in administrative law. On the grounds of positive law, one usually reaches only to justify the thetic validity of norms. In administrative law, which concerns human beings, it is especially common to reach for the axiological basis of the validity of the law – hence the number of value classifications is considerable. The meanders of axiological reflection in administrative law are entering a

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Laychenkova, Natalia N. "On Implementation of Principles of the Contractual System: A Contemporary View." Business security 2 (May 23, 2024): 15–20. http://dx.doi.org/10.18572/2072-3644-2024-2-15-20.

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The modern development of the Russian Federation is characterized by the search for a balance between effective functioning and optimization of costs for the implementation of functions assigned to public legal entities. One of the tools of such a balance is the implementation of the principles of the contract system, ensuring the satisfaction of state and municipal needs, which is associated with problems caused by both imperfection of legal norms and the dynamics of socio-economic development. In order to improve the application of norms that enshrine the principles of the contract system, t

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Kanamugire, Jean Chrysostome. "Specific performance as a primary remedy in the South African law of contract." Corporate Board role duties and composition 11, no. 2 (2015): 65–72. http://dx.doi.org/10.22495/cbv11i2art5.

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Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of con

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Bělina, Miroslav. "Vztah nového zákoníku práce k budoucí soukromoprávní rekodifikaci." AUC IURIDICA 49, no. 1 (2025): 123–30. https://doi.org/10.14712/23366478.2025.171.

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At the moment, the preparation of the new Civil Code and the Labour Code is in full swing. The mutual relation of the labour law and the civil law is high on the agenda not only in the Czech Republic, but also in European and worldwide scale. When drafting the new Labour Code it is necessary to bear in mind that the essential difference between the labour law and the civil law consists in public law interventions in contractual relations resulting in significant limitation of contractual liberty. The individual contractual liberty is, in labour law, also limited by the collective will, i.e. by

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Garcia-Duran, Patricia. "Adaptação, pelos Árbitros, dos Contratos de Parceria Público-Privada (PPP)." Revista Brasileira de Arbitragem 5, Issue 17 (2008): 28–36. http://dx.doi.org/10.54648/rba2008002.

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ABSTRACT: Several long-term contracts contain hardship or equivalent clauses which foresee that, periodically, or in case that a change in the original economic circumstances causes an imbalance to the contractual obligations, the parties should renegotiate certain essential elements of the agreement, in order to adapt it to the new circumstances. However, the vast majority of these contracts do not establish which are the consequences of a failure of the negotiations between the parties. In light of the public interest involved in the performance of Public-Private Partnership contracts, it is

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Kamal Hasni, Mohamad Izani Ahmad, Zulhabri Ismail, and Norfashiha Hashim. "Contractual Aspects in the Utilisation of Level Two Building Information Modelling (BIM) within Malaysian Public Construction Projects." MATEC Web of Conferences 266 (2019): 05002. http://dx.doi.org/10.1051/matecconf/201926605002.

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Building Information Modelling (BIM) is a technology and process that are transforming way of designing, constructing, operating and using the building or facility. In essence, BIM models is a platform for collaboration as it encourages intensive communication and interdependence among multidisciplinary project members. In Malaysia’s BIM Guide, this collaborative process can be seen in Level 2 BIM Maturity which all designers engaged in projects work together to create a single computer-generated 3D Model. From this process, many benefits that BIM promises such as clash free construction, qual

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Rasekh, Habibrahman, and Sayed Abdul Naser Khazea. "Conditions for the Realization of Civil Liability Arising from Breach of Contract in Afghan Law." Integrated Journal for Research in Arts and Humanities 4, no. 6 (2024): 644–47. https://doi.org/10.55544/ijrah.4.6.42.

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Civil liability arising from breach of contract is one of the significant and challenging issues in Afghan law, where ambiguities in determining its conditions have led to legal disputes and complexities in interpreting relevant legal provisions. This article analyzes contractual civil liability and the necessary conditions for its realization, such as non-performance of obligations, existence of damage, causation, and the effect of the obligor's fault. The purpose of this research is to clarify concepts and propose solutions to reduce legal disputes and enhance order in contractual relations.

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Kovalenko, E. Y., and N. V. Tydykovа. "CONTRACTUL REGULATION OF RELATIONS IN THE SPHERE OF PHYSICAL CULTURE AND SPORTS." Russian-Asian Legal Journal, no. 2 (June 29, 2022): 13–16. http://dx.doi.org/10.14258/ralj(2022)2.3.

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Contractual regulation is an important direction of non-state influence on the sphere of physical cultureand sports. The contract acts as an effective means of self-regulation and organization of professional sports activities, which provides participants in sports relations with the opportunity to freely coordinate theirinterests and goals, determine mutual rights and obligations aimed at achieving the goal, and is also able tocreate the necessary legal guarantee for the proper protection of the rights of the parties to the contractualobligation. In the article, the authors examined the theor

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Mariański, Michał. "The Application of the Public Order Clause on the Financial Market as One of the Elements for Building Sustainable Finance in a Comparative Perspective." Białostockie Studia Prawnicze 29, no. 1 (2024): 161–73. http://dx.doi.org/10.15290/bsp.2024.29.01.10.

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Abstract The public order clause is an instrument of private international law that limits the possibility of applying the law of a designated country in cross-border contractual relations. The role of the clause is to protect the specific interests and values of a given legal order, the importance of which is so significant that it justifies refusing to apply foreign law or limiting the scope of its application. From the point of view of the subject of this study, the public order clause could potentially be applied by national supervisory authorities in a situation of a threat to the securit

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Stankevych, A. V. "THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM." Constitutional State, no. 55 (October 15, 2024): 137–47. http://dx.doi.org/10.18524/2411-2054.2024.55.311965.

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In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole.

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Slobodeniuk, V. "Natural gas supply. Features of contractual regulation." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 133–36. http://dx.doi.org/10.24144/2307-3322.2021.65.24.

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The article reveals the main approaches to determining the legal nature of the natural gas supply contract, men-tioned in the researchers of Soviet and modern Ukrainian civilians. The author gives a description of the natural gas supply contract, which by its legal nature contains the features of various civil law contracts - supply contract, transportation contract, public contract, connection contract, etc. The analysis of the main features, essential con-ditions of the natural gas supply contract, which distinguishes this contract from other civil obligations in order to distinguish the mai

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Alhamidah, Khalifah. "Administrative Contracts and Arbitration, in Light of the Kuwaiti Law of Judicial Arbitration No. 11 of 1995." Arab Law Quarterly 21, no. 1 (2007): 35–63. http://dx.doi.org/10.1163/026805507x197839.

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AbstractThe state's administration, nowadays, undertakes many tasks due to the movement towards a modern state. This fact results in wide public services that it came to fulfill. Therefore, different legal methods are used in the sake of providing individuals with these services. Aiming at giving private sectors a role in such services, the state's administration relies on contractual relationships with those sectors. Indeed, through this legal method, the public services are provided, and the administration is helped in fulfilling its commitments.Seeking to organise disputes arising from the

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Gharib, Kamla. "The Contract in Philosophical Thought: A Study in the Philosophy of Law." International Journal of Law Research and Studies 3, no. 4 (2024): 146–81. http://dx.doi.org/10.59992/ijlrs.2024.v3n4p6.

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The aim of the study is to investigate the development of the idea of the contract from a philosophical perspective, and to know the philosophy of the balance of civil contracts. The philosophical approach was used to study and derive the idea of the balance of civil contracts as one of the pillars of contracts. The study reached a number of results, the most important of which are: The principle of the authority of the will in creating legal actions, but within its reasonable limits, in which the will is balanced with justice and the public interest. This is what is meant by the objectivity o

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Allard, Serge. "Effets civils et organisation conventionnelle de l'union homosexuelle." Les Cahiers de droit 26, no. 2 (2005): 451–70. http://dx.doi.org/10.7202/042671ar.

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The recent Family Law Reform in Quebec makes no mention of non-traditional unions. No formal legal regime regulates the economic responsibility of homosexual partners. The author studies the most flagrant pecuniary consequences of the inability of a homosexual couple to marry and explores the possible effects of such a union on the property rights of the partners. A contractual agreement that does not necessarily off end public order and good morals may appear to be a solution to the aspirations of certain couples.

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Melnikov, Vladimir V., and Vladimir N. Romashin. "Public Procurement Concept as A Path Dependence Result." Journal of Economic Regulation 12, no. 4 (2021): 128–39. http://dx.doi.org/10.17835/2078-5429.2021.12.4.128-139.

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The rationale and conditions for transformation of a coordination mechanism in public procurement in Russia from market to redistribution, based on the quasi-market technology, are outlined. The authors view modernization of the economic framework of public procurement as an outcome of institutionalizing the rational conduct principles under the influence of such factors as public production conditions and path dependence. The paper describes transformation of the main elements of the machinery for financing public procurement associated with changing the institutional management structure tow

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Igonina, Elena. "Audit in the field of public procurement, taking into account the dynamics of current legislation." Economy under Guard 2022, no. 3 (2022): 23–27. http://dx.doi.org/10.36511/2588-0071-2022-3-23-27.

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The article examines the analysis of the dynamics of the current legislation and its impact when conducting audits in the field of public procurement. The novelties introduced in January 2022 make significant changes to the procedure for conducting an audit in the field of procurement. Audit is primarily the compliance of contractual activities with regulatory legal acts, regulatory authorities must respond in a timely manner to the dynamics of changes in legislation in order to effectively implement control measures. The ability to timely and correctly interpret significant changes in legisla

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Popa, Ioan Gabriel. "Possibilities of the Contracting Authority to Amend the Public Procurement Contract/Framework Agreement." International conference KNOWLEDGE-BASED ORGANIZATION 27, no. 2 (2021): 72–77. http://dx.doi.org/10.2478/kbo-2021-0050.

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Abstract The experience gained in the field of public procurement leads me to the statement that the activity of amending the public procurement contract / framework agreement is a challenging activity for the contracting authority. Maybe not from the perspective of elaborating the documents necessary to operate the change or changes that may be required during the development of the public procurement contract / framework agreement, but rather from the perspective of the solutions offered by the law, solutions that cover only certain areas. Starting from the normative acts in force, this pape

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van den Hurk, Martijn. "Bundling the procurement of sports infrastructure projects: How neither public nor private actors really benefit." Environment and Planning C: Government and Policy 34, no. 8 (2016): 1369–86. http://dx.doi.org/10.1177/0263774x15614672.

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Public-private partnerships for infrastructure development are often conceived as puzzling governance tools. A peculiar case in Belgium has been the procurement of multiple similar projects to single private sector partners who design, build, finance and maintain infrastructure for a fixed period— bundled procurement. Under the umbrella of the Flemish Sports Infrastructure Program, several of these bundles were tendered, particularly in order to achieve economies of scale. However, bundled procurement came at a price. This article scrutinizes its tense relationship with local governments' inte

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Belyaeva, O. A. "Procurement Disputes Arbitration: Main Problems at the Present Stage." Lex Russica 77, no. 5 (2024): 36–47. http://dx.doi.org/10.17803/1729-5920.2024.210.5.036-047.

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The relevance of the paper is predetermined by the study of the key problems of arbitration in the context of the specifics of public procurement at the present stage, namely, the problem of determining the appropriate criteria for the conclusion and validity of arbitration agreements. The purpose of the study is to critically evaluate the so-called non-arbitrability formula, established in contemporary court practice; to disclose the algorithm for the emergence of contractual relations as a result of competitive procurement procedures; to substantiate the legal force of arbitration clauses in

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JMAHRI, Fatima Ezzahra. "La Force Obligatoire Des Conventions De Vote." African Scientific Journal Vol 3, N° 20 (2023): 163. https://doi.org/10.5281/zenodo.8399668.

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<strong>Résumé</strong> Les accords de vote, également connus sous le nom d'accords d'actionnaires ou de pactes d'associés, revêtent une importance centrale dans la gouvernance d'entreprise. Ils établissent les règles qui régissent la participation des actionnaires au fonctionnement de la société. L'obligation de les respecter est cruciale pour garantir la stabilité, la prévisibilité et la cohérence dans la gestion des entreprises, qu'elles soient cotées en bourse ou

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Kikavets, Vitaly V. "Public procurement in Russia: concept and content." RUDN Journal of Law 27, no. 2 (2023): 397–420. http://dx.doi.org/10.22363/2313-2337-2023-27-2-397-420.

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Based on the analysis of foreign and national legal acts, scientific works and research of domestic and foreign scientists, the article substantiates the relevance of the concept “public procurement” and reveals its content. The outcome of the research on public procurement as a system of legal relations allows the author to verbalize its definition. Public procurement should be understood as a system of legal relations where one party is an authorized representative of public authority who purchases goods, works, and/or services at the expense of the relevant budget in order to realize public

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Svirkov, S. A. "The Relationship between Private and Public Law Principles in Energy Legislation." Actual Problems of Russian Law 19, no. 8 (2024): 186–93. http://dx.doi.org/10.17803/1994-1471.2024.165.8.186-193.

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The paper examines the problems of the relationship between private law and public law principles in energy legislation. Based on an analysis of the historical development of Russian and foreign energy legislation, it is concluded that, at its core, energy law is private law. The features of the subject and method of energy law are analyzed, and the criteria for identifying the subject of energy law are outlined. In order to determine the essence of energy law, the author proposes a concept of areas of law, which include energy law. The paper examines the features of organizational and regulat

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Serikova (Skoptsova), E. I. "Historical Prerequisites for the Formation of the Public Order Clause in the Sphere of Cross-Border Insolvency in Various Legal Families." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 3 (2025): 236–44. https://doi.org/10.17803/2311-5998.2025.127.3.236-244.

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This article is devoted to one of the most complex and little-studied aspects of international private law, a special group of norms that are not subject to the general principles and rules for choosing the applicable law and act as both a “protective” and “blocking” mechanism with respect to the influence of the competent legal order — the public order clause. This article is of particular interest in connection with the author’s attempt to present a qualitatively new view on the role and essence of this mechanism, the study of the features of the application of the public order clause within

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TRUBIANI, FRANCO. "Cloud Computing Services: Towards a Digital Sustainability under EU Digital Law." European Journal of Privacy Law & Technologies, no. 2 (2023): 143–54. http://dx.doi.org/10.57230/ejplt232tf.

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The contribution aims to investigate, from the perspective of the private law scholar, the complex issue of cloud computing. The author dwells on the potential of this technology not only for the benefit of users and businesses, but also for the service of the public administration in the declared perspective of the search for a sustainable digital environment. Next, the author analyses, in light of the recent European legal innovations, the main problems, with particular focus on the protection of personal data entrusted to the cloud, trying to hypothesise a new key to interpretation in order

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Vasiljević, Mirko. "Arbitration agreement and intercompany disputes." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 7–46. http://dx.doi.org/10.51204/anali_pfub_18201a.

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The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will comp

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Clark, G. L. "Problematic Status of Corporate Regulation in the United States: Towards a New Moral Order." Environment and Planning A: Economy and Space 24, no. 5 (1992): 705–25. http://dx.doi.org/10.1068/a240705.

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Evidence on the geographical dimensions of corporate restructuring in the United States suggests that, if left to themselves, corporations often break the law or at least the spirit of law in furthering their economic interests. The design and implementation of restructuring involving the spatial relocation of work is in many instances conceived with the goal of circumventing corporations' social obligations. Workers' pension entitlements (and their contractual agreements with corporations on many other matters) are at risk when the economic imperatives of competition and technical innovation

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Anari, Mohsen, Mozaffar Bashokouh, and Alireza Lofti. "Explaining the Conditions of Realization of Responsibility in Repairing Detriments Caused by Void Transactions." Revista do Curso de Direito do UNIFOR 13, no. 2 (2022): 63–91. http://dx.doi.org/10.24862/rcdu.v13i2.1580.

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As long as the basic conditions of the accuracy of the contract and the specific conditions necessary for the accuracy of some contracts are met and the contract does not contradict public order and good ethics, the principle is the accuracy of the contracts. In case of loss or non-compliance with any of these conditions, the marriage will be invalid. Invalidation of the marriage has some effects, including the responsibility of one of the parties to the invalid contract in compensation for detriments to the other party of the marriage. Liability arising from a void contract and the obligation

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Limama, Libh Anthony L., Glenne B. Lagura, and Romalie F. Galleto. "Employment Trends and Sectoral Integration of Public Administration Graduates: A Tracer Study (2018–2023)." International Journal of Research and Innovation in Social Science IX, no. III (2025): 4980–96. https://doi.org/10.47772/ijriss.2025.90300397.

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This study examined the employment trends and sectoral integration of Bachelor of Public Administration (BPA) graduates from Davao del Norte State College (DNSC) from 2018 to 2024. Employing a quantitative-descriptive research design, the study surveyed 121 graduates, of whom 103 were employed. Descriptive statistical analysis was utilized to assess employment rates, job-role alignment, and sectoral distribution. Findings indicate that 89.32% of employed graduates secured jobs aligned with their academic background, predominantly in government institutions and industry-specific administrative

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