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Journal articles on the topic 'Public contracts-Legislation'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Neis, Douglas Fernando Batista, Flávia Regina Alves de Hungria Folador, Danielle Freire Azevedo Silva da Costa, Camila Marques de Lima, Fábio Leite Dias, and Gleimiria Batista da Costa Matos. "Management and Supervision of Administrative Contracts in a Federal Institution of Indirect Public Administration." International Journal of Business Administration 12, no. 3 (2021): 1. http://dx.doi.org/10.5430/ijba.v12n3p1.

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This article aims to describe the perception level of training of Brazilian Institute Foundation of Geography and Statistics (IBGE) employees who are designated in order to manage and Supervise Contracts. As described in Law No. 8,666 / 1993 and in the complementary legal framework, the performance of the contract must be monitored and supervised by a specially appointed Management representative. The bibliographic review technique was used as means of research, through the selection, record, interpretation and registration of published literature, published articles in recent journals, academ

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2

Lupo, Mario. "Contracts of Public Works: How to Guarantee Low Prices without Reducing Quality." Journal of Public Finance and Public Choice 31, no. 1 (2013): 105–9. http://dx.doi.org/10.1332/251569213x15664519748604.

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Abstract The legislation regarding public contracts for works, services and supplies refers to contracts through which the Public Administration entrusts compagnie for the realization of public works or suppli of goods and /or services destined to its own use. The discussion here refers specifically to contracts relating to public works. Criterions to select the best offer deal with issues of cost-efficiency and quality of tenders for public works. Another type of entrustment for the realization if infrastructures goes by the name of public-private partnership (PPP).

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Spahiu, Artan. "Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania." Academic Journal of Interdisciplinary Studies 6, s2 (2017): 37–48. http://dx.doi.org/10.2478/ajis-2018-0026.

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Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the

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Precup, Liviu-Alexandru. "Approaches Regarding the Simplified Public Procurement Procedure in Romania." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (2020): 88–93. http://dx.doi.org/10.2478/kbo-2020-0058.

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AbstractPublic procurement in Romania is an important part of any economy, regardless of the geographical location, political orientation or level of development. Therefore, they can be considered as a separate part, but not insignificant, of the business of a functioning market economy. Moreover, they benefit from its own law, including the global economic agreements governing commercial transactions of this type. Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and f

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Opawole, Akintayo, Godwin Onajite Jagboro, Kahilu Kajimo-Shakantu, and Betty Oluwafunso Olojede. "Critical performance factors of public sector organizations in concession-based public-private partnership projects." Property Management 37, no. 1 (2019): 17–37. http://dx.doi.org/10.1108/pm-09-2017-0052.

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Purpose The purpose of this paper is to evaluate critical factors that impact public sector organizations’ (PSOs) performance in PPP contracts with a view to improving their capabilities toward efficient project delivery and attracting more private sector investments. Design/methodology/approach The research methodology is a quantitative approach which commenced with an in-depth literature review that provided the basis for identification of the variables that were evaluated through a structured questionnaire. Respondents were professionals from stakeholders’ organizations that had been involv

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Bonthuys, Elsje. "Public Policy in Family Contracts, Part II: Antenuptial Contracts." Stellenbosch Law Review 32, no. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.

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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third part

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Sazonova, Irina V., Vladlena S. Mazhaeva, Alexandr A. Potkin, and Marina A. Kuznetsova. "Synergy of Business, Law and Economy in the Smart-Contract Implementation." SHS Web of Conferences 110 (2021): 01015. http://dx.doi.org/10.1051/shsconf/202111001015.

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The evolution of digital technologies leads to a tectonic transformation of all spheres of society. Law, as a system of regulating public relations, is changing dynamically along with the development of public relations in different spheres. The development of IT led to the emergence of blockchain technology, which, in turn, became the basis for the development of smart contracts. Smart contract technology, as it develops, causes changes not only in the legislation, but also in the model of interaction between the state and business. Due to smart contracts, a significant part of the rules can

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Varavenko, Victor Evgenyevich. "Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement." Право и политика, no. 8 (August 2020): 8–17. http://dx.doi.org/10.7256/2454-0706.2020.8.33009.

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The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 &ndash; conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for &ldquo;turnkey projects&rdquo; and norms of the Federal Law &ldquo;On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in th

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9

Mamavi, Olivier, Haithem Nagati, Gilles Pache, and Frederick T. Wehrle. "How does performance history impact supplier selection in public sector?" Industrial Management & Data Systems 115, no. 1 (2015): 107–28. http://dx.doi.org/10.1108/imds-07-2014-0222.

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Purpose – The purpose of this paper is to study if the performance history impacts supplier selection in the French public sector context. While French public procurement legislation forbids consideration of the past contract wins in supplier selection, public contractors may still rely on contract win history for highly complex transactions. Design/methodology/approach – Using French Official Journals (BOAMP), the authors collected all public procurement transactions of 976 suppliers that had at least one transaction per year, over a period of six years (between 2006 and 2011). The authors co

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10

Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

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Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offere

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Bila, V. R. "Administrative Contract as a Legal Form of Public Administration: Updating Doctrinal Approaches." Law and Safety 75, no. 4 (2019): 43–48. http://dx.doi.org/10.32631/pb.2019.4.05.

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The analysis of the features of administrative contracts, formed by the theory of administrative law, has been made for the purpose of their compliance with the current legislation. The perspectives of improving both the doctrinal understanding and the normative construction of the concept of administrative contracts have been clarified. It has been stated that administrative contracts are only one of the possible contractual forms of regulating the relations of public administration. Contractual regulators can be both formalized in the form of administrative contracts or unformalized, when th

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Burkhanov, Umar, and Tulkin Atamuradov. "PROBLEMS OF MANAGEMENT OF PUBLIC-PRIVATE PARTNERSHIPS." CBU International Conference Proceedings 1 (June 30, 2013): 104–9. http://dx.doi.org/10.12955/cbup.v1.21.

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The paper provides the results of an empirical study of evaluation of the efficiency of public and private sectors in provision infrastructure services. The imperative research and comparative analysis methods used, revealed a number of “bottlenecks”, including gaps in the legislation and institutional restrictions, lack of experience in cooperation between state and private enterprises, deficiencies in public procurement procedures and executing PPP contracts. The results allow concluding of the significant potential and viability of PPP model in the conditions of Uzbekistan.

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Llalla, Adriatik, and Fjorida Ballauri. "Conflict of Interest in the Administrative Contracts in Albania." European Scientific Journal, ESJ 12, no. 34 (2016): 182. http://dx.doi.org/10.19044/esj.2016.v12n34p182.

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In Albania the issue of conflict of interest is present at today’s public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, the

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14

Jurgeleit, Chris. "Insurance Against Liability to Pay Statutory Fines and Penalties." Victoria University of Wellington Law Review 26, no. 4 (1996): 735. http://dx.doi.org/10.26686/vuwlr.v26i4.6145.

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Contracts of insurance which deliberately insure a person against liability to pay fines or penalties have long been regarded as being contrary to public policy and therefore unlawful and unenforceable. So entrenched is this view that these sorts of contracts have not been a standard part of insurance companies' offerings and the courts have not had to deal specifically with any one-off such contracts as might have existed. Several insurers are now offering, as a fairly standard component of their corporate/business/commercial packages, cover against liability for fines and penalties which may

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15

Von Bergen, C. W., William (Will) T. Mawer, and Barlow Soper. "Living Wage Ordinances in the Public Sector." Public Personnel Management 36, no. 3 (2007): 281–305. http://dx.doi.org/10.1177/009102600703600307.

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During the last decade more than 100 governmental units (primarily cities) have implemented living wage ordinances. These regulations require private sector employers who receive public funds through subsidies and contracts to pay their workforces a wage based on “need” rather than “skill.” Such ordinances feature a minimum wage floor that is higher—often much higher—than the traditional minimum wages set by state and federal legislation. This paper provides a history of the living wage movement and presents its benefits and challenges to assist local authorities in decision-making regarding t

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16

WHITTAKER, S. "Public and Private Law-making: Subordinate Legislation, Contracts and the Status of <>." Oxford Journal of Legal Studies 21, no. 1 (2001): 103–28. http://dx.doi.org/10.1093/ojls/21.1.103.

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17

Rocha de Matos, Cleiton, and Antonio Carlos de Oliveira Miranda. "The use of Bim in public construction supervision in Brazil." Organization, Technology and Management in Construction: an International Journal 10, no. 1 (2018): 1761–69. http://dx.doi.org/10.2478/otmcj-2018-0007.

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Abstract The aim of this paper is to study the potential of using the building information modelling (BIM) technology to assist the activities performed by the team that is responsible for supervising the execution of the federal public building’s contracts in Brazil. The paper describes, in short, the norms and the legislation of the external control body (Court of Auditors), as well as the federal norms and legislation, to understand what should be expected from the organizations’ activities, as well as their obligations. In addition, the most frequent irregularities in public construction

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18

Alonso, Patricia Dominguez. "Incorporation Of Community Law To The Spanish Public Sector Procurement Law Of 2007." Review of Business Information Systems (RBIS) 15, no. 5 (2011): 87–90. http://dx.doi.org/10.19030/rbis.v15i5.6023.

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The work carries out an analysis of the aims of the new Spanish law regarding Public Sector Contracts, which go beyond the necessary measures required in order to incorporate Directive 2004/18, as well as the major reforms introduced by the new legislation. The change of perspective which European Community law had imposed for many years in this sector and the modest introduction of electronic media, data processing and data transmission in recruitment procedures.

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Lisitsa, Valeriy, and Svetlana Moroz. "Legal Regulation of Public-Private Partnership in Russia and Other Countries of the Eurasian Economic Union." Russian Law Journal 7, no. 3 (2019): 53–81. http://dx.doi.org/10.17589/2309-8678-2019-7-3-53-81.

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This article examines comparatively legislation on the public-private partnership in the countries of Eurasian Economic Union and the relationship with Model Law “On Public-Private Partnership” adopted within the framework of the Commonwealth of Independent States. It is argued that the national acts of such countries could be improved and harmonized by developing their categorial apparatus and the extension of permissive regulation of public-private partnership. The legal qualification of an agreement on public-private partnership and other investment contracts with the participation of the S

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20

Pavel, Jan. "Comparison of efficiency of public procurement organized by public sector and local monopolies." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2611–15. http://dx.doi.org/10.11118/actaun201361072611.

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The aim of this paper is to identify the difference between the prices achieved in public procurement by public and private bodies. The analysis exploits the fact that European legislation forced to follow the Public Procurement Act not only public sector but also private companies working in the position of local monopolies (gas supply, water supply, public transport, etc.).The analysis is based on data from the Information System of Public Procurement in the Czech Republic. The data set is created by more than 500 observations containing information about the large construction contracts fro

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Guastaferro, Barbara. "The unexpectedly talkative ‘dumb son’: the Italian Constitutional Court’s dialogue with the European Court of Justice in protecting temporary workers’ rights in the public education sector." European Constitutional Law Review 13, no. 3 (2017): 493–524. http://dx.doi.org/10.1017/s1574019617000220.

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Judicial cooperation – Italian Constitutional Court – National Constitutional Courts’ attitude towards preliminary reference to the European Court of Justice – First and second preliminary reference of the Italian Constitutional Court inindirectproceedings – Constitutional review of national legislation inconsistent with EU law – Relationship between EU law and constitutional concerns – Added value of Constitutional Courts in protecting constitutional identity – Multilevel protection of fundamental rights – EU Framework agreement on fixed-term work and European Court of Justice case law – Ital

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Fermus-Bobowiec, Anna. "Zamówienia zastrzeżone – z problematyki wykładni i stosowania." Studia Iuridica Lublinensia 28, no. 1 (2019): 25. http://dx.doi.org/10.17951/sil.2019.28.1.25-38.

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<p>Reserved contracts are a legal instrument that allows the promotion of those economic operators who, as part of their business, pursue also social goals. Pursuant to Article 22 (2) of the Act of 29 January 2004 – Public Procurement Law (Journal of Laws 2018, item 1986 as amended), they may only be applied for by sheltered workshops and other economic operators whose activities include the social and professional integration of members of socially marginalised groups. Unfortunately, the use of reserved contracts is in practice marginal, which is also caused by difficulties in interpret

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23

Arruda Câmara, Jacintho, and Ana Paula Peresi de Souza. "Existem cláusulas exorbitantes nos contratos administrativos?" Revista de Direito Administrativo 279, no. 2 (2020): 185. http://dx.doi.org/10.12660/rda.v279.2020.82011.

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<p>Are there exorbitant clauses in administrative contracts?</p><p> </p><p>RESUMO</p><p>O estudo questiona a narrativa segundo a qual, no direito positivo brasileiro, existiria um regime jurídico de exorbitância a favorecer a posição da administração pública em seus contratos, algo sem paralelo no direito contratual comum. A conclusão apresentada é a de que as chamadas cláusulas exorbitantes dos contratos administrativos, na prática, não são excepcionais, como sugere sua previsão em lei, de modo que não conferem poderes extraordinários à administração

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Budnikova, Yu E. "LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (2020): 120–24. http://dx.doi.org/10.35634/2412-9593-2020-30-1-120-124.

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The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for t

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Cozzio, M., and E. Tozzo. "Subcontracting Limitation as Expressed by Italian Legislation of Public Contracts Does Not Comply with European Law." European Procurement & Public Private Partnership Law Review 15, no. 2 (2020): 174–78. http://dx.doi.org/10.21552/epppl/2020/2/10.

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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Problems and Paths of Development of Investment Legislation of the Russian Federation." Journal of Russian Law 3, no. 6 (2015): 0. http://dx.doi.org/10.12737/11429.

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Being a part of the economic legislation, investment legislation includes administrative regulation that deals with the mode of investors’ activities, as well as rules of contractual (civil) law, including laws on lease-purchase contracts, concessionary agreements and production sharing agreements. We can acknowledge that investment legislation is an integrated branch of legislation consisting of rules of private and public law. It embraces practically all branches of the national economy and it is its distinctive feature. Antimonopoly regulation plays a special role in investment regulation.

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Mattos, César Costa Alves de. "Road Infrastructure in Brazil and regulatory economic incentives." RDAI | Revista de Direito Administrativo e Infraestrutura 2, no. 5 (2018): 49–76. http://dx.doi.org/10.48143/rdai/05.ccam.

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This article assesses the regulatory economic incentives established for the road concession sector in Brazil. Incentives are linked to the scope for “renegotiation” of tariffs and duties to which the company subject to regulation committed, mainly the investment schedule. In Brazil, all renegotiations are based on the maintenance of the economic and financial balance of the concession contract (EFECC). The Brazilian legislation has some basic principles for the EFECC, but most of the main guidelines are currently described in the concession contracts. In the case of road concessions, there ha

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Ananev, Andrey G. "Conceptual features of a public contract in modern civil law." Russian Journal of Legal Studies (Moscow) 7, no. 1 (2020): 22–33. http://dx.doi.org/10.17816/rjls33444.

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The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practica

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Šehrić, Edina. "LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA." Journal Human Research in Rehabilitation 6, no. 2 (2016): 27–35. http://dx.doi.org/10.21554/hrr.091605.

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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 ther

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Bolton, P. "Grounds for dispensing with public tender procedures in Government Contracting." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i2a2822.

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The Constitution of the Republic of South Africa1 provides that organs of state must comply with five principles when procuring goods or services: procurement procedures must be fair, equitable, transparent, competitive and cost-effective. In short, this means that organs of state should make use of competition when procuring goods or services. They should shop around and attract the maximum number of contractors who will participate in such competition. The aim should be the attainment of value for money, meaning, public money should be spent in an effective and efficient manner. Those who pa

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Campanario, Milton de Abreu, and Daniel Reichstul. "Public politics and innovation of the telecommunications sector." Revista Ibero-Americana de Estratégia 2, no. 1 (2007): 23–32. http://dx.doi.org/10.5585/ijsm.v2i1.23.

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The present article evaluates the public policy towards the telecommunication sector in Brazil, taking into consideration the dead scheme of state monopoly and the introduction of processes of privatization, economic liberalization and technological innovation. It is described the increase in direct foreign investments, new forms of technology innovation, introduction of regulatory institutions, goals for investments and scopes of service attendance. Through a wide bibliographical review, data analysis and interviews with specialists, entrepreneurs and public policy makers, it was possible to

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Glas, Andreas Herbert, and Michael Eßig. "Factors that influence the success of small and medium-sized suppliers in public procurement: evidence from a centralized agency in Germany." Supply Chain Management: An International Journal 23, no. 1 (2018): 65–78. http://dx.doi.org/10.1108/scm-09-2016-0334.

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Purpose One of the major methods to promote small- and medium-sized enterprises (SMEs) in public procurement is to split tenders into lots. The basic assumption is that SMEs have better chances of awarding smaller or more specialized contracts. This paper aims to investigate whether this widely accepted assumption is correct. Design/methodology/approach This article examines four hypotheses about the factors that influence SME success in public procurement. The empirical analysis uses real data from 380 contract award files and logistic regression to test the hypotheses. Findings The results s

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Sukhanov, Evgeniy. "Problems of Property Law in Modern Russian Law." Journal of Russian Law 4, no. 4 (2016): 0. http://dx.doi.org/10.12737/18685.

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The article analyzes the progress and further prospects of development of the Russian civil legislation in terms of actual and appropriate improvement of the proprietary legal regulation. The author notes the historical prerequisites of and, substantiates the possible areas for, development of the Russian civil law in terms of traditions of the European private law which originates from the Roman law and the law of pandects; in this connection, the author substantiates the necessity for systemic development of the legislative regulation of limited proprietary rights. In line with the existing

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Leisner-Egensperger, Anna. "Der Verwaltungsvertrag: Bestandsaufnahme und Reformbedarf." Die Verwaltung 51, no. 4 (2018): 467–94. http://dx.doi.org/10.3790/verw.51.4.467.

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Abstract The regime concerning administrative contract law under sec. 54 et seq. of the Administrative Procedure Code (VwVfG) appears to be in need of reform. Amendment of the code remains on the political agenda, though other projects such as Europeanisation, democratisation and digitisation currently seem to enjoy precedence. In recent times, progressive development of administrative contract law has shifted to specific legal areas, in particular to construction and planning law, environmental law, elements of public commercial law, tax law and social legislation. How administrative law may

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Vyklický, Martin, Petr Man, Rudolf Franz Heidu, and Radek Jurčík. "Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic." DANUBE: Law and Economics Review 7, no. 1 (2016): 19–39. http://dx.doi.org/10.1515/danb-2016-0002.

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Abstract Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological

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Masley, S. "Conclusion of direct contracts with utilities providers." Law Enforcement Review 2, no. 4 (2018): 125–36. http://dx.doi.org/10.24147/2542-1514.2018.2(4).125-136.

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The subject of the paper is conclusion and execution of direct contracts between consumers and utilities providers.The main aim of the paper is to confirm or disprove the hypothesis that direct contracts between consumers and utilities providers are more convenient for utilities providers than for consumers.The methodology of the study includes general scientific methods (analysis, synthesis, comparison, generalization, description) as well as particular academic legal methods (formal-legal analysis of theoretical and regulatory sources, interpretation of legal acts, judicial and arbitration p

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Kamalyan, A. M. "THE BASIS OF LEGAL REGULATION OF PUBLIC PROCUREMENT IN THE WEST AFRICAN ECONOMIC AND MONETARY UNION (UEMOA)." Lex Russica, no. 11 (November 22, 2019): 131–39. http://dx.doi.org/10.17803/1729-5920.2019.156.11.131-139.

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The paper analyzes the key supranational public procurement instruments adopted within the framework of the West African economic and monetary Union, especially the legally binding directives (Directive 04/2005 on the award, performance and payment of public contracts and Directive 05/2005 on the control and regulation of public procurement), which require further implementation into the national legislation of the member states. Special attention is given to the documents that, although they are advisory in nature or only indirectly affect the issue under study, but have had a significant imp

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R. Zeltser. "Institutional environment as a precondition for improving the technological progress of construction." Ways to Improve Construction Efficiency, no. 45 (October 16, 2020): 46–56. http://dx.doi.org/10.32347/2707-501x.2020.45.46-56.

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The legislation of Ukraine on the regulation of urban planning activities establishes the legal and organizational foundations of urban planning activities, which are aimed at ensuring sustainable development of territories, taking into account State, public and private interests. In accordance with the legislative acts, a number of government decrees, orders of the Ministry of Development of Communities and Territories of Ukraine (formerly - the Ministry of Regional Development of Ukraine), state building codes (new or amended from among the current ones) have been developed. There is an urge

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Purbowicaksono, Purbowicaksono. "Kontrak Build Operate Transfer (BOT) sebagai Perjanjian Kebijakan antara Pemerintah dengan Pihak Swasta." JURNAL RECHTENS 9, no. 1 (2020): 19–30. http://dx.doi.org/10.36835/rechtens.v9i1.658.

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BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research sh

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Lavrov, Yurii, and Anna Minyaeva. "Reform of Procurement Legislation Carried Out by Certain Types of Legal Entities, in the Context of the Problem of Systematization of Regulatory Legal Acts in the Field of Public Procurement." Siberian Law Review 17, no. 3 (2020): 320–27. http://dx.doi.org/10.19073/2658-7602-2020-17-3-320-327.

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In this article, the authors define the criteria for public procurement. Based on the selected criteria, it has been established that government, municipal and corporative procurements today belong to the category of public procurement. An in-depth analysis of the branches of the legislation governing state and municipal procurement s, as well as procurements by certain types of legal entities, has been carried out. The authors draw attention to the state of constant reform, which is typical for public procurement, and the changes introduced into regulatory legal acts are not always successful

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Rotramel, Ariella. "We Make the Spring Rolls, They Make Their Own Rules: Filipina Domestic Workers’ Fight for Labor Rights in New York City and Los Angeles." AAPI Nexus Journal: Policy, Practice, and Community 10, no. 2 (2012): 77–97. http://dx.doi.org/10.36650/nexus10.2_77-97_rotramel.

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This article provides a multidimensional examination of Filipina domestic workers’ efforts to promote workers’ rights nationally and globally. Through their own experiences as transnational workers, Filipina activists were able to translate their knowledge of labor dynamics into practical and effective tactics such as the demand for labor contracts as an industry standard. Combining ethnographic research and interviews conducted with New York–based Filipina domestic worker activists with primary and secondary sources from Los Angeles, recent advocacy work in New York is compared with efforts i

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Žofčinová, Vladimíra, Milena Barinková, and Zuzana Hrabovská. "UNIVERSITY TEACHERS IN SLOVAKIA AS A SPECIAL CATEGORY OF EMPLOYEES IN PUBLIC ADMINISTRATION: SOCIAL STABILITY OF EMPLOYMENT?" Public Administration Issues, no. 6 (2020): 133–55. http://dx.doi.org/10.17323/1999-5431-2020-0-6-133-155.

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The main role of public administration is to administrate public affairs. All of the functions in this field are realised by employees carrying out the dependent work. Public administration, as an employer, has to fulfil the demand of stability and attractiveness of public sector employment. For the purposes of the study our attention focuses on a large group of public employees, namely teachers in public universities in Slovakia. Legislative regulation of the employment of university teachers is alarming. The paper analyses Slovak legislation of time-terminated employment contracts with unive

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Nykytchenko, Nataliia, and Vladyslav Ostrynskiy. "Problems of the law choice and its limitations while EPC-contracts concluding." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 218–23. http://dx.doi.org/10.36695/2219-5521.2.2020.38.

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Due to the rapid development of social relations in Ukraine, national legislation can`t keep up to regulate them properly, whichforce businesses to use the rules of foreign jurisdictions or the pro-forms of international specialized organizations to carry out the cont -ractual transactions more frequently. The article provides examples of how the complex contractual relations are governed in practiceand how the businesses are forced to protect its interests while entering into EPC-contracts.The authors have researched the emergence of the contract templates, which were created by International

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Panero, Federico Jorge. "El asesoramiento como característica principal del notariado latino y como eficaz garantía de equilibrio contractual. Análisis a la luz de la legislación de consumo y del Código Civil y Comercial de la Nación. /." Revista de Derecho Notarial y Registral │Universidad Blas Pascal, no. 6 (2019) (April 7, 2020): 101–15. http://dx.doi.org/10.37767/2362-3845(2019)007.

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1.-La protección a los ciudadanos en los actos, contratos y negocios de máxima trascendencia constituye la esencia de la función pública notarial. 2.-El asesoramiento notarial es una eficaz herramienta de los Estados para garantizar un adecuado equilibrio en las relaciones contractuales entre particulares, en especial dentro del marco de las relaciones de consumo. 3.-Reconocido en forma expresa en el art. 301 del CCCN, el asesoramiento constituye un deber funcional del notario que debe cumplimentar con imparcialidad activa y sustancial en los ámbitos protocolar y extra protocolar.&

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Otnyukova, G. D. "LEGAL FORMS OF ATTRACTING AND PROMOTING INVESTMENT." Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (September 16, 2020): 90–97. http://dx.doi.org/10.17803/2311-5998.2020.71.7.090-097.

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The article deals with new legal forms of attracting private investment to the nation’s economy carried out by the state — special investment contracts and agreements on attracting and promoting investment. The author concludes that these agreements are organizational ones, and they are aimed at organizing the implementation of investment projects with the support of the state. The assignment of a special investment contract to a civil law contract is denied. The article analyzes the grounds for extending civil legislation to an agreement on the protection and promotion of capital investment.

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Jobidon, Gabriel, Pierre Lemieux, and Robert Beauregard. "Building Information Modeling in Quebec’s Procurement for Public Infrastructure: A Case for Integrated Project Delivery." Laws 10, no. 2 (2021): 43. http://dx.doi.org/10.3390/laws10020043.

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The Province of Quebec is currently in the process of adopting building information modeling (BIM) for major infrastructure projects. However, legal and contractual concerns such as the tendering process, adjudication criteria, intellectual property and risk–reward sharing mechanisms hinder the implementation of an efficient BIM process. This paper addresses the following question: How do norms, whether legislative, regulatory or contractual, functionally or dysfunctionally affect the effective implementation of BIM in Quebec’s public infrastructure framework? This paper suggests that the use

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Gusarov, Serhii. "Certain Aspects of State Service Reform." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 1 (2020): 14–25. http://dx.doi.org/10.37635/jnalsu.27(1).2020.14-25.

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The study of the issues of civil service reform in Ukraine in the current conditions of development of Ukrainian society and the state is an extremely relevant subject and requires appropriate research. The author aims to analyse the most resonant reform measures in the civil service, which were recently initiated by the government and received mixed reviews, in particular, the announced redundancy in the staff of civil servants and the introduction of a contract form of civil service, as well as to offer scientifically sound proposals for improvement of appropriate measures. In the work with

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FARCA, Laura-Alexandra, and Dacian C. DRAGOŞ. "Resilience in Times of Pandemic: Is the Public Procurement Legal Framework Fit for Purpose?" Transylvanian Review of Administrative Sciences, Special Issue 2020 (November 23, 2020): 60–79. http://dx.doi.org/10.24193/tras.si2020.4.

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"This article aims to analyze whether the legislation enacted in the field of public procurement in Romania, based on the 2014 EU Directives, is effective in fostering resilience of the public institutions and indirectly of communities, and to provide a fit-for-purpose mechanism for dealing with the pandemic generated by the new type of coronavirus, Sars-CoV-2. The article discusses the necessity of new rules meant to promote swiftly purchases during the state of emergency. Undoubtedly, the pandemic generated crisis has raised some serious challenges to which public procurement regulations is

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Williams, Sope. "The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa." Journal of African Law 51, no. 1 (2007): 1–38. http://dx.doi.org/10.1017/s002185530600026x.

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AbstractThe South African public procurement system is regulated by a constitutional framework and legislation applicable to all tiers of government. An interesting feature of the system is that suppliers may be excluded from government contracts for breaches of procurement or anti-corruption legislation. This article critically examines corruption-related exclusions. It is suggested that there is likely to be a number of problems with the implementation of these exclusions. First, it is not clear how effective they will be in meeting the government's anti-corruption policy. Secondly, in respe

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Mrozowska - Bartkiewicz, Beata, and Aldona Wnęk. "Legal Regime of Insurance Outsourcing." Prawo Asekuracyjne 3, no. 100 (2019): 3–17. http://dx.doi.org/10.5604/01.3001.0013.5729.

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Following the Solvency II Directive, the detailed rules for delegating own activities to external providers by insurance and reinsurance undertakings have been introduced into the insurance law regime, including the requirements regarding the contents of agreements under which the outsourced services are provided (outsourcing contracts). As institutions of public trust, insurance undertakings should perform their functions properly and safely for customers. Hence, the requirements for outsourcing certain activities and functions constitute an important element of the insurance company manageme

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