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1
Veerpalu, Anne, Liisi Jürgen, Eduardo da Cruz Rodrigues e Silva, and Alex Norta. "The hybrid smart contract agreement challenge to European electronic signature regulation." International Journal of Law and Information Technology 28, no. 1 (2020): 39–84. http://dx.doi.org/10.1093/ijlit/eaaa005.
Анотація:
Abstract The article investigates the smart contract used in the Initial Coin Offering (ICO) process and its qualification under the typology of form of contract and the EU electronic signature regulation eIDAS.1 ICOs took the globe by storm in 2017 and created a lot of turmoil among the regulators due to a new form of raising funds globally. In addition to their effect on the capital market, another phenomenon that saw a rise in popularity was the smart contract. The smart contract is usually built into the ICO process as a protocol to execute the issue of a token. The article suggests that the contract in the ICO process does not only refer to the smart/contract code in silos but should be considered in the larger context as the so-called hybrid smart contract agreement with the smart contract protocol being merely the execution motor for the issuance of the token. The article qualifies the contract concluded during the ICO process under the general typology of forms of contract with the aim to identify whether the hybrid smart/contract agreement is in electronic form of contract. Some states in the USA and a few Member States in the EU have also introduced smart contract-specific regulation clearly stating that smart contracts are contracts either in electronic or written form. Still, as this is not prevalent in the EU law, the principle of functional equivalence is used to assess whether the signature on a smart contract used in an ICO process is functionally equivalent to the qualified electronic signature under eIDAS. The existence of a qualified electronic signature allows the contract to be qualified as a contract in electronic form equivalent to a paper-form agreement with hand-written signatures. Furthermore, the article investigates whether the centralized trust system of the eIDAS creates an infrastructural bias against the source of trust in case of distributed ledger technology that in itself could be non-compliant with the principle of technology neutrality.
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GRZYL, Beata, Emilia MISZEWSKA-URBAŃSKA,, and Agata SIEMASZKO. "SAFETY OF INVESTMENT PROCESS PARTIES IN THE ASPECT OF CONSTRUCTION WORK CONTRACT." Journal of Science of the Gen. Tadeusz Kosciuszko Military Academy of Land Forces 186, no. 4 (October 2, 2017): 208–15. http://dx.doi.org/10.5604/01.3001.0010.7229.
Анотація:
The essential characteristics of a construction investment project include, but are not limited to: individual, comprehensive, specialized, complex and multi-step nature of activities, significant time constraints, demand for different qualifications and resources (material, financial). The above characteristics are a potential source of risk, which makes it necessary to accurately describe the mutual relations of entities involved in the project - primarily in the scope of the content of a construction work contract. Its task is to settle the commitments of the parties, their rights and obligations, and the responsibility for actions taken at the stage of preparation and implementation of the investment, in order to ensure its safe and non-conflicting realization. Signing a construction work contract results in the assumption of specific responsibilities by each party. In practice there are numerous examples of contractual clauses, which constitute a gross violation of the safety and balance of the parties in the area of fair and even distribution of potential risk. Most often two groups of contractual provisions are observed in the content of works contracts. The first one contains an unreasonable limitation of the contractor's entitlements, the other includes the irrational extension of the contractor's obligations and the transfer of numerous consequences of potential risks. The incorrect, i.e. unequal division of risk and its consequences is the most common cause of disputes between parties to a construction work contract. The paper presents the issue of asymmetry in the allocation of risks and limitations in shaping the contents of the public procurement contract, in terms of the safety of parties to construction work contracts
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Rendon, Rene G. "Benchmarking contract management process maturity: a case study of the US Navy." Benchmarking: An International Journal 22, no. 7 (October 5, 2015): 1481–508. http://dx.doi.org/10.1108/bij-10-2014-0096.
Анотація:
Purpose – The purpose of this paper is to present the results of contract management process maturity assessments in the US Navy using a process capability maturity model. The maturity model is used to benchmark an organization’s contract management process maturity and to use the assessment results to develop a road map for implementing process improvement as well as knowledge-sharing initiatives. Design/methodology/approach – This is survey-based research on benchmarking contract management processes in the US Navy. A web-based assessment tool was deployed to US Navy contracting officers located at aeronautical systems, sea systems, and logistics support contracting agencies. The assessment tool consists of survey items related to the use of contracting best practices. The survey responses are then used to calculate the agency’s contract management process maturity level. Findings – The benchmarking results reflected higher maturity levels in the pre-award contracting processes (Procurement Planning, Solicitation Planning, and Source Selection), while lower maturity levels were reflected in the post-award contracting processes (Contract Administration and Contract Closeout). The research findings related to process capability enablers also reflected higher mean scores for the pre-award processes and lower mean scores for the post-award processes. These maturity levels and process capability enabler scores reflect the extent of the implementation of contracting best practices within the Navy contracting agencies. Research limitations/implications – This research uses a purposeful sampling approach designed to acquire data on organizational contract management processes. The assessment survey was administered only to qualified Navy contracting officers. The Navy contracting agencies are responsible for procuring billions of dollars in supplies and services in support of the Navy mission. Although the assessed contracting agencies procure different types of systems, supplies, and services, the contract management processes used are common to all Navy, Army, Air Force, and other US federal government agencies. The conclusions based on the analysis of these benchmarking assessments may be applicable to Department of Defense (DoD) and other government agencies. Practical implications – The findings suggest that benchmarking can be effective in measuring and improving contracting process capability within the Navy. Benchmarking contracting processes can have far-reaching effects throughout the DoD. The Under Secretary of Defense’s has mandated initiatives related to improving both pre- and post-award contracting processes. The use of these benchmarking assessments can be instrumental in tracking the achievements of these process improvement initiatives. Additionally, the US Congress is leading the push for auditability in procurement operations. By benchmarking and improving its contracting processes, the DoD will be winning the battle toward integrity, accountability, and transparency of its financial operations. Social implications – Benchmarking contracting processes can also have far-reaching effects in society. Many governments are focussing on integrity, accountability, and transparency in public procurement. International organizations such as Transparency International (TI) have identified process capability and process integrity as key for reducing the potential for procurement-related fraud, waste, and abuse. Additionally, NATO member countries and partner nations are focussing on the value of assessing and improving procurement processes for strengthening transparency and accountability. The value of benchmarking and improving contracting processes is gaining much attention in global public procurement agencies as they strive for accountability, integrity, and transparency in their governance processes. Originality/value – There are multiple reports on deficiencies in DoD’s contract management processes, identifying poor contract planning, and Contract Administration as just some of the critically deficient areas. In response, the DoD is increasing its emphasis on developing its workforce competence through education initiatives. However, very little attention is being paid to benchmarking contract management processes. This research reflects the value of benchmarking DoD’s contract management process maturity and using the results for implementing process improvement initiatives. Using process benchmarking data, agencies can identify process improvement initiatives that will ensure government tax dollars are spent in the most effective and efficient ways.
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Fontanesi, John, Anthony Magit, Jennifer J. Ford, Han Nguyen, and Gary S. Firestein. "Systems approach to assessing and improving local human research Institutional Review Board performance." Journal of Clinical and Translational Science 2, no. 2 (April 2018): 103–9. http://dx.doi.org/10.1017/cts.2018.24.
Анотація:
ObjectiveTo quantifying the interdependency within the regulatory environment governing human subject research, including Institutional Review Boards (IRBs), federally mandated Medicare coverage analysis and contract negotiations.MethodsOver 8000 IRB, coverage analysis and contract applications initiated between 2013 and 2016 were analyzed using traditional and machine learning analytics for a quality improvement effort to improve the time required to authorize the start of human research studies.ResultsStaffing ratios, study characteristics such as the number of arms, source of funding and number and type of ancillary reviews significantly influenced the timelines. Using key variables, a predictive algorithm identified outliers for a workflow distinct from the standard process. Improved communication between regulatory units, integration of common functions, and education outreach improved the regulatory approval process.ConclusionsUnderstanding and improving the interdependencies between IRB, coverage analysis and contract negotiation offices requires a systems approach and might benefit from predictive analytics.
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Schuhmann, Ralph, and Bert Eichhorn. "Reconsidering contact risk and contractual risk management." International Journal of Law and Management 59, no. 4 (July 10, 2017): 504–21. http://dx.doi.org/10.1108/ijlma-02-2016-0023.
Анотація:
PurposeThe aim of this paper is to pursue three objectives: to assess the extent to which theoretical concepts and corporate practice are reflecting the contract’s risk management dimensions; to identify ways to make full usage of the contract’s risk dimensions for risk management purposes; to overcome the isolation of the contract caused by its perception as a legal instrument by integrating its handling into the overall corporate management processes. Design/methodology/approachLiterature is analyzed regarding the contract’s roles as a source of risk and as a risk management device. Based on the relevant findings, it uses the Contractual Management Model to develop a concept that integrates all contract-related risk management processes in an enterprise. FindingsThe paper redefines the term “contract risk” in the light of modern understanding of contract functions and contract purposes. It shows that only Contractual Risk Management theory takes the management capacity of the contract fully into account. A Contractual Risk Management process is suggested which integrates all contract-related corporate management processes and aligns them to the requirements of transaction risk management and enterprise risk management. Originality/valueThe paper may guide executives to optimize corporate risk management processes through a better understanding of the risk potential of contract and of its risk management capacity. It provides a checklist of redefined contract risks as well as a concept that, for the first time, is aligning all contract-related management processes to support the corporate risk management system.
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Yao, Zhan Yong, Kai Yao, Pei Zhi Zhuang, and Kai Zhang. "Study on Discharge and Diffusion of Raised Dust during Subgrade Construction in the Yellow River Flood Area." Advanced Materials Research 374-377 (October 2011): 759–63. http://dx.doi.org/10.4028/www.scientific.net/amr.374-377.759.
Анотація:
The construction process of subgrade construction was divided into several operating units：oil material loading and unloading, vehicle transportation and wind erosion dust. For each operational unit during each stage of subgrade construction, different Gaussian diffusion models were chosen respectively according to the transmission and diffusion of raised dust from different source (point source, line source and area source). Finally, based on one contract section on a freeway in the Yellow River flood area, the concentration distribution was calculated using atmospheric estimation software in different pattern of point source, line source and area source. It was shown that with the increasing of distance, point source and area source emission increased to the maximum value and then decreased to the stable value, while line source emission presented a distribution pattern which changed decreasingly.
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Park, Junhoo, Hyekjin Kim, Geunyoung Kim, and Jaecheol Ryou. "Smart Contract Data Feed Framework for Privacy-Preserving Oracle System on Blockchain." Computers 10, no. 1 (December 28, 2020): 7. http://dx.doi.org/10.3390/computers10010007.
Анотація:
As blockchain-based applications and research such as cryptocurrency increase, an oracle problem to bring external data in the blockchain is emerging. Among the methods to solve the oracle problem, a method of configuring oracle based on TLS, an existing internet infrastructure, has been proposed. However, these methods currently have the disadvantage of not supporting privacy protection for external data, and there are limitations in configuring the process of a smart contract based on external data verification for automation. To solve this problem, we propose a framework consisting of middleware of external source server, data prover, and verification contract. The framework converts the data signed in the web server into a proof that the owner can prove with zk-SNARKs and provides a smart contract that can verify this. Through these procedures, data owners not only protect their privacy by proving themselves, but they can also automate on-chain processing through smart contract verification. For the proposed framework, we create a proof using libsnark for server data and show the performance and cost to verify with Solidity the smart contract language of the Ethereum platform.
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Huy, Phuong Tran, Ngan Hoang Vu, Hue Thi Hoang, and Hanh Thi Hai Nguyen. "Procedural Justice in Selection from the Lens of Psychological Contract Theory." Organizacija 53, no. 4 (December 1, 2020): 272–86. http://dx.doi.org/10.2478/orga-2020-0018.
Анотація:
AbstractBackground and purpose: In recruitment and selection, job applicants do not only base their justice judgment on the actual experience but also compare what happens and what they expect. This study, therefore, investigates applicants’ reaction to procedural justice in recruitment selection through the lens of psychological contract framework. Psychological contract theory highlights the role of expectations, discrepancies between perception and expectation, and perceived contract breach on individual outcomes.Methodology: Two surveys were conducted with job seekers in Vietnam, one before and one after the selection process. Printed questionnaires were administered to job seekers in the first survey, while the second used online survey. Structural Equation Modeling technique was adopted to analyze the data.Results: Data from a sample of 232 job seekers indicated that previous job experience and source of candidates were significantly related to justice expectations. In addition, perceived unmet expectations were found to predict procedural contract breach, which in turn negatively influenced job acceptance intention and recommendation intention.Conclusion: The research highlights the role of unmet justice expectation, the perceived discrepancy between what happened and what was supposed to be, in predicting intention to accept offer and to recommend others. The results suggest that firms should provide updated and official information regarding the selection process to all parties such as internal employees, recruitment agency and job search website to reduce over-expectation.
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Miftah Idris. "PERJANJIAN KREDIT KONVENSIONAL DAN AKAD PEMBIAYAAN SYARIAH DALAM SISTEM PERBANKAN." Madani Legal Review 1, no. 1 (June 15, 2017): 29–51. http://dx.doi.org/10.31850/malrev.v1i1.27.
Анотація:
In distribution of fund, the system adopted by conventional banking and Islamic banking is almost the same in distributing the fund with the provision of credit and of financing by banks to their customers. There is specifically legal basis of contract (aqad) that distinguishes where conventional banking is based on the contract law in Burgerlijk Wetboek and Islamic banking is based on aqad law stipulated in Islamic Sharia (Islamic Law). Problems studied in this research is how the credit contract in the conventional banking and how aqad financing in islamic banking are actually. To know the problem, it will be used descriptive study using secondary data as the data source of this research and then analyzed qualitatively. Thus concluded that the credit contract is a beginning process between the creditor and debtor which are applied in the conventional banking system in its efforts to develop funds collected and also to utilize the funds with the best. But Islamic banking financing adheresses to the profit and loss sharing system that has a unity concept in facing of risk and benefit and also existed justice in bussiness is the basic principle of Islamic banking system.
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Jha, Jatinder Kumar, Jatin Pandey, and Biju Varkkey. "Examining the role of perceived investment in employees’ development on work-engagement of liquid knowledge workers." Journal of Global Operations and Strategic Sourcing 12, no. 2 (June 17, 2019): 225–45. http://dx.doi.org/10.1108/jgoss-08-2017-0026.
Анотація:
PurposeThis paper aims to examine the relationship between perceived investments in employees’ development (PIED) on work engagement and the moderating effects of psychological capital on this relationship for liquid knowledge workers, employed in the Indian cutting and polishing of diamond industry (CPD).Design/methodology/approachA questionnaire composed of established scales was administered to 134 liquid knowledge workers. Having established convergent and discriminant validity using structural equation modelling, the model was further analysed using the Process macro to check for direct and moderating effects.FindingsThe research findings suggest that the perceived investment in employee development and psychological contract enhancement (relational and transactional) made by CPD units for liquid knowledge workers positively influenced their work engagement level. The study also finds that relational contract (not transactional contract) positively moderates the relationship between perceived investment in employee development and work engagement.Research limitations/implicationsThis is a cross-sectional single source study; future studies could look at longitudinal and multisource perspective.Practical implicationsThe study presents a “star matrix of engagement” that guides the application of the two strategies of perceived employee development and psychological contract enhancement for liquid knowledge workers. This has implications for design and implementation of human resource management practices and policies for employee management.Originality/valueThe study makes significant contributions to existing literature on antecedents of work engagement of liquid knowledge workers by examining the direct and moderating influences.
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A. Griffith, David, Hannah S. Lee, Chang Seob Yeo, and Roger Calantone. "Marketing process adaptation." International Marketing Review 31, no. 3 (May 6, 2014): 308–34. http://dx.doi.org/10.1108/imr-06-2013-0113.
Анотація:
Purpose – The purpose of this paper is to explore the marketing “processes” of governing multiple export relationships under the theoretical framework of governance value analysis (GVA). Specifically, this work examines the internal exchange attributes of transaction-specific investments and psychic distance on the adaptation/standardization of relational behavior and detailed contracting and how process adaptation/standardization influences new product outcomes and jointly created value in the focal export relationship. Design/methodology/approach – A survey was conducted of 151 US manufacturers regarding their relationship with their primary foreign buyers. Data were analyzed with partial least squares estimation. Findings – The results indicate that high levels of transaction-specific investments lead to the adaptation of relational behaviors whereas high levels of psychic distance lead to less adaptation of detailed contracting. The adaptation of relational behaviors and detailed contracting reflect differential direct effects on export performance. Furthermore, the results indicate that there is a significant positive interaction effect between the adaptation of relational behavior and detailed contracting on jointly created value in the focal export relationship. Practical implications – The findings of the study reveal that adaptation of the marketing process related to relationship governance strategies can play an important role in the export marketing process, but managers must proceed with caution in balancing relational behavior and detailed contract adaptation. The results also point to the importance of understanding the underlying source of uncertainty and adapting appropriate aspects of governance for enhancing jointly created value in the export relationship. Originality/value – The value of this research lies in its goal to highlight the issue of marketing process adaptation across multiple export relationships. Less attention has been paid to the marketing “processes” of governing multiple export relationships in the international marketing strategy literature relative to “program” standardization/adaptation. This is one of the first empirical studies on marketing process adaptation of governance employing the theoretical framework of GVA.
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Jing, Runtian, Jia Lin Xie, and Jing Ning. "Commitment to organizational change in a Chinese context." Journal of Managerial Psychology 29, no. 8 (November 4, 2014): 1098–114. http://dx.doi.org/10.1108/jmp-08-2011-0042.
Анотація:
Purpose – The purpose of this paper is to examine the antecedents (psychological contract and perceived reasons for change) and consequences (work behaviors and well-being) of employees’ commitment to organizational change. Design/methodology/approach – The authors developed a conceptual model of the antecedents and consequences of commitment to organizational change. In Study 1, based on interviews, the authors developed an instrument to measure the construct “reasons for change.” In Study 2, the authors collected questionnaire data from 228 employees of a Chinese telecom company undergoing organizational changes and tested the conceptual model using structural equation modeling. Findings – The results showed that the strength of a relational contract (one form of psychological contract) was positively related to normative commitment to change and negatively related to continuance commitment to change. External reasons for change were positively related to affective and normative commitment to change, whereas internal reasons for change were negatively related to affective commitment to change and positively related to continuance commitment to change. Affective commitment was negatively related to exit and aggressive voice. Continuance commitment was positively related to emotional exhaustion, and normative commitment was negatively related to emotional exhaustion. Research limitations/implications – The single-source cross-sectional design limits the robustness of the conclusions drawn from the findings. Two promising avenues were opened for further research: the interaction of employees’ commitment to change at different levels and the process of social construction of perceived reasons for change. Practical implications – To facilitate employee commitment to change, organizations should cultivate relational contracts with their employees and attend to the “framing effects” of employees’ perceptions of reasons for change. Social implications – This study contributes to the understanding of the relationship between employer-employee relations and employee well-being in Chinese society. It suggests that healthy employer-employee relations are beneficial for employee well-being. Moreover, Chinese firms should pay more attention to the changes occurring inside and outside their organizations, which are related to the psychological health of their employees. Originality/value – The study highlights the importance of relational contracts between an organization and its employees during organizational change process. Moreover, it is among the first to examine the relationship between employees’ perceived reasons for change and their commitment to change.
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Syah, Sultan, Eko Sukoharsono, Erwin Saraswati, and Roekhudin. "THE SHAPE OF ASSIKO’ KANA (Hybrid Contract) ON MAKASSAR NATIVES : ETHNOMETHODOLOGY PERSPECTIVE." International Journal of Accounting and Business Society 28, no. 1 (April 1, 2020): 1–27. http://dx.doi.org/10.21776/ub.ijabs.2020.28.1.1.
Анотація:
Purpose — The purpose of this research is to discuss the accounting shari’a in assikko’ kana (hybrid contract) applied by Makassar natives by interpreting the existence of accounting in the trade activity area. Design/methodology/approach — In order to determine the existence of accounting, this research uses a qualitative method by using the ethnomethodology approach. Findings — The result reveals that accounting is the accountability process of economic, social, cultural, and religious aspects of the trade activities, which also can be found in the kalula[1] system. The research also finds that the trade actors are highly committed to trusting each other even though they incur losses. Thus this indicates that sociability becomes their priority. In addition, there is one more important factor so-called papalele (shareholders) whos contribute to the run of activities. Practical Implications — Banking, financial companies, and Islamic finance including capital owners can benefit from the preparation of assikko’ kana (hybrid contracts) so that the contracts made do not conflict with the prevailing Islamic Sharia Originality/value — a hybrid contract form applied to the flying fish fishermen community (patorani) is the result of acculturation between local culture and Islamic law. What's interesting is that the majority of Islamic banking and financial products and services are hybrid contracts, but the source of funding is still sourced from local investors (papalele). This paper tries to make a reality in the patorani community in establishing Sharia parameters, about how to combine more than one contract in one transaction
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Malachias, Celso Dos Santos, Luiz Carlos Di Serio, and Jaime De Souza Oliveira. "The knowledge acquisition for innovation beyond the contract a case study in the information technology industry." Revista Brasileira de Administração Científica 7, no. 3 (November 30, 2016): 111–22. http://dx.doi.org/10.6008/spc2179-684x.2016.003.0008.
Анотація:
The aim of this case-study based research is to discuss how a large IT multinational company envisioning external tacit knowledge, product of parties interaction in an IT strategic outsourcing, as a source of innovation generation, beyond the explicit knowledge inherent to the contract, through constructs such as knowledge exchange, spillover, externality and absorptive capacity. Therefore, the objective in this exploratory research is to analyze the knowledge exchange and acquisition above the formal information forecasted in the contract between the parties. In order to reach this goal, it was used a qualitative methodology with interviews and open-ended questions, in the company sales department. As a methodology section annex was shown a Table with main constructs, authors and papers. Also it was presented in the Annex a Topic Outline as a way to operationalize the main theoretical concepts and propositions converting them into practical elements and as a guideline for development of the open-ended questions utilized in the interviews. As initial findings we could see that the company sales area is able to acquire additional knowledge beyond the contract with their clients and apply it internally and other clients, resulting as an outcome of process innovation, potentially due to knowledge spillover, externality and knowledge database change, as component of the absorptive capacity. It was captured some company formal mechanisms to stimulate the client facing area to acquire and reuse the knowledge. On the other hand, sometimes the knowledge sharing is individual initiative.
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Huh, Jun-Ho, and Seong-Kyu Kim. "Verification Plan Using Neural Algorithm Blockchain Smart Contract for Secure P2P Real Estate Transactions." Electronics 9, no. 6 (June 26, 2020): 1052. http://dx.doi.org/10.3390/electronics9061052.
Анотація:
Blockchain and artificial intelligence are the most important keywords in the Fourth Industrial Revolution. This study sought to apply these core technologies to future validated algorithms that make real estate transactions secure to come up with an encryption algorithm. In addition, the real estate transaction is being paid a large fee by the middlemen, the real estate agent. Furthermore and recently, P2P (peer-to-peer) real estate exchange is used a lot. However, these P2P real estate exchanges also have problems that have not been identified by each other between landlords and tenants. In particular, a research model was established to compare and verify the PBFT (practical Byzantine fault tolerance) algorithm of Hyperledger through the blockchain agreement process. Subsequently, a process for verifying the real estate contract was established. Through VM (virtual machine) research methodology for the verification of blockchain real estate contracts, ElGamal communication was provided to prove quantum cryptography. We also automated lightweight encryption test verification tools and blockchain smart contract VM (virtual machine) models using artificial intelligence. Verification was performed through a reservation server and a monitoring server using a test verification tool for network-based lightweight security IoT (Internet of things) GW (gateway). It presents important ECP (elastic curve program) and elastic curve Qu-Vanstone (ECQV) models among the main functions of the blockchain smart contract, and it is equipped with quantum-based encryption algorithm. In addition, the necessary UML (unified modeling language) source code and performance data were calculated according to the actual experimental environment, and the average value for blockchain for administrative or government authorized assets—4000 TPS (transaction per second) were tested. In the future, we want to use this technology for real estate transactions.
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Denny, Diane, and Caitlin Keenan. "Cost, value, and policy in quality: Evolving relationship of payers and providers." Journal of Clinical Oncology 32, no. 30_suppl (October 20, 2014): 44. http://dx.doi.org/10.1200/jco.2014.32.30_suppl.44.
Анотація:
44 Background: Cancer Treatment Centers of America (CTCA), a network of five hospitals, has multiple pay for performance contracts. Some apply to all hospitals, while others are unique to individual facilities. While many metrics are managed by site, some metrics are collected and measured centrally by corporate. Varying levels of oversight were required from site quality teams, executive teams and externally-facing corporate departments. In order to coordinate these efforts, CTCA implemented a real-time tracking system for monitoring pay for performance metrics. Methods: CTCA’s corporate Quality department designed a central repository for monitoring metrics that is populated monthly using customized workbooks submitted from each site. The central repository compiles monthly data and displays it in several formats broken down by timeframe, site and contract. The repository incorporates features allowing easy sharing and data accuracy. An accompanying process for collecting data was created to ensure timely, efficient updates to the repository. Results: The monthly monitoring process was implemented in January 2014 and continues to operate successfully. For one enterprise-wide contract cycle closing on April 31, CTCA met requirements and outperformed the contract-specified goal for each by an average of 19.8%. Pre-implementation, metrics were monitored quarterly. Although two metrics showed a small (<2.5%) decrease in average performance, given the intensified focus, the remaining metrics showed an average 7.95% improvement in performance during the second six months with monthly monitoring. Metrics associated with the remaining contracts are on track to meet or exceed specified performance standards. Conclusions: The new tool and monthly reporting process successfully monitored pay for performance metrics at CTCA. Most importantly, the system allowed for close to real-time assessment and therefore promoted ongoing intervention if warranted. The repository created a single source of data sharing and visibility for these important elements of performance. As CTCA continues to participate in pay for performance activities, this method will be adapted to accommodate more contracts and metrics.
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Luqmanul Hakim, Rizqi Iman Aulia, and Maryanto Maryanto. "KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN." Jurnal Akta 4, no. 2 (June 10, 2017): 207. http://dx.doi.org/10.30659/akta.v4i2.1785.
Анотація:
The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective
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Vasilyev, G. P., N. V. Peskov, A. A. Burmistrov, N. A. Timofeev, P. E. Zakharov, and I. A. Yurchenko. "Ground Source Heat Pump Modeling: Accounting of Ground Moisture Freezing-Melting in a Model of Heat Transfer outside Deep Borehole." Applied Mechanics and Materials 704 (December 2014): 102–12. http://dx.doi.org/10.4028/www.scientific.net/amm.704.102.
Анотація:
This paper contains the results of research, carried out with financial support from the Ministry of Education and Science of the Russian Federation (contract ID RFMEFI57914X0026). For the ground source heat pump (GSHP) used as a heating system in regions with cold climate the thermal effects of ground moisture freezing-melting processes can make an essential long-term impact on GSHP performance. However, widely known models of heat transfer inside and outside GSHP borehole do not take into account such effects. In this paper we propose a method of engineering estimation of freezing-melting latent heat in the frame of modified cylindrical source model. The key feature of the method is the definition of effective thermal conductivity of ground to "convert" the latent heat of phase transition into equivalent heat flux from outer ground. The method is validated by laboratory measurements of ground thermal conductivity during the freezing-melting process.
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Vasilyev, G. P., V. F. Gornov, N. V. Peskov, M. V. Kolesova, A. A. Burmistrov, N. A. Timofeev, V. A. Leskov, and I. A. Yurchenko. "Accounting for “Zero Curtain” Effect in GSHP Simulation." Applied Mechanics and Materials 664 (October 2014): 243–49. http://dx.doi.org/10.4028/www.scientific.net/amm.664.243.
Анотація:
This paper contains the results of research, carried out with financial support from the Ministry of Education and Science of the Russian Federation (contract ID RFMEFI57914X0026). For the ground source heat pump (GSHP) used as a heating system in regions with cold climate the thermal effects of ground moisture freezing-melting processes can make an essential long-term impact on GSHP performance. However, widely known models of heat transfer inside and outside GSHP borehole do not take into account such effects. In this paper, we propose a method of engineering estimation of freezing-melting latent heat in the frame of modified cylindrical source model. The key feature of the method is the definition of effective thermal conductivity of ground to "convert" the latent heat of phase transition into equivalent heat flux from outer ground. The method is validated by laboratory measurements of ground thermal conductivity during the freezing-melting process.
20
Smółka, Bartosz. "ACTIONS OF THE PRESIDENT OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION IN THE PUBLIC INTEREST OF CONSUMERS; GLOSS TO THE JUDGMENT OF THE DISTRICT COURT – COURT OF COMPETITION AND CONSUMER PROTECTION OF JANUARY 7, 2020, XVII AMA 14/18." Roczniki Administracji i Prawa 4, no. XX (December 30, 2020): 305–18. http://dx.doi.org/10.5604/01.3001.0014.8445.
Анотація:
The commented judgment is a fundamental source of information on the protection of consumer rights and interests from the point of view of actions taken by the President of the Office of Competition and Consumer Protection, as well as the courts. The essence of the issued ruling focuses not only on the proper procedure implementing the assumptions of consumer protection policy, but also refers to key concepts for consumers. In particular, to the concept of an average consumer model or the public interest in the process of consumer protection. The Court of Competition and Consumer Protection, following the President of the Office of Competition and Consumer Protection, also made significant considerations on the significance of the judgment issued as a result of the abstract control of contract templates.
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Парфенова, Татьяна, and Tatyana Parfenova. "Legislating process of the State in the Roman-Germanic legal family." Advances in Law Studies 1, no. 5 (November 1, 2013): 254–58. http://dx.doi.org/10.12737/2067.
Анотація:
The article is devoted to the concept and types of legislating
in the modern theory of law is studied here. The problem of
determining the legislating process as an activity directed on creation
of the legal act called the most significant element of the structure
of existing law is also risen here. Such approach is explained by the
feature of the Romano-Germanic law, which by its nature and character
is a statutory law, led by the main law. Relying on comparative
researches, the article discusses in detail the form of legislating directly
related to the activities of the State law-making, by-laws making
and judicial legislating. Legislation for the Romano-Germanic
law, due to the postulates based in the Roman law, is one of the most
significant kinds of legislating. A very important role, along with
legislating plays by-laws creating, otherwise legislating of the executive
bodies. Analyzing the controversial issue of judicial legislating
in the Roman-Germanic legal family, the author points out the
different role of the court depending on either Roman or German
group is ment. For the Roman legal family court practiceis a source
of law, which is the most significant. The article concludes the overview
of the forms of legislating related to the activities of the state
indirectly. These include contract legislating and legislating of legal
custom.
22
Rendon, Juanita M., and Rene G. Rendon. "Procurement fraud in the US Department of Defense." Managerial Auditing Journal 31, no. 6/7 (June 6, 2016): 748–67. http://dx.doi.org/10.1108/maj-11-2015-1267.
Анотація:
Purpose This paper aims to explore selected real-world procurement fraud incidents in the US Department of Defense (DoD) and the implications of these incidents to the DoD’s contracting processes and internal controls. Design/methodology/approach This paper analyzes actual procurement fraud incidents and identifies in which phase of the contract management process the fraud occurred and which internal control component was associated with the fraud scheme. Findings The fraud incidents generally occurred during the source selection and the contract administration phases and involved the control activities, monitoring and control environment components of internal control. Research limitations/implications The fraud incidents are analyzed using contract management and internal control frameworks adopted by the US Government. Recommendations are developed for improving contracting processes and internal controls as an approach to deterring and detecting procurement fraud and may be applicable to other international public procurement bodies. Practical implications Governments are ensuring auditability in public procurement as a means of improving agency governance. The research findings suggest that an emphasis on capable contracting processes and effective internal controls should be adopted for fighting procurement fraud. Social implications Ensuring auditability in public procurement has a far-reaching effect in society. The value of capable processes and effective internal controls is gaining much attention in public agencies, as they strive for accountability, integrity and transparency in their governance processes. Originality/value By emphasizing capable processes and effective internal controls, governments can apply a strategic approach to detecting and deterring fraud and thus ensure that government monies are spent in the most effective and efficient ways.
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Hemili, Mohamed, Mohamed Ridda Laouar, and Sean B. Eom. "A Decision Support System for Managing Demand-Driven Collection Development in University Digital Libraries." International Journal of Information Systems and Social Change 10, no. 4 (October 2019): 57–74. http://dx.doi.org/10.4018/ijissc.2019100104.
Анотація:
In recent years, academic digital libraries have become a very important source of information. Academic digital libraries provide a rich collection in order to satisfy user need for information. The augmentation of user population and the volume of new publications causes many challenges to librarians in the collection development process and determining user needs of information is the fundamental challenge that librarians face. This article presents a demand-driven collection development decision support system based on the PROMETHEE II method. The DSS supports the librarians to make decisions in the collection development process to provide a rich collection that meets the users' needs. The DSS evaluates and determines a set of electronic resources for purchase, subscription, contract reviewing or cancelation. The decision support system extracts users' queries from log files to determine user preferences. Then, the revised Simos' procedure is used to derive the criteria weights. Finally, the authors applied the PROMETHEE II method to evaluate and rank the electronic resources.
24
Li, Gang. "Analysis of Driving Force on Reputation Network of Innovational Industrial Cluster Knowledge Transmitting." Advanced Materials Research 823 (October 2013): 589–93. http://dx.doi.org/10.4028/www.scientific.net/amr.823.589.
Анотація:
An innovative industrial clusters knowledge conduction is a duplicate dynamic game process, the traditional static game model is no longer applicable to the analysis of the motives of innovative industrial clusters inter-organizational cooperation. In this dynamic repeated game process, cooperative enterprises in each stage of the game will also face two basic strategic choice: cooperative (knowledge transfer) or uncooperative (betrayal, that is no knowledge transfer). In the course of this game, when the risks outweigh the benefits, the power of knowledge source transfer knowledge may not be enough. As an important mechanism to ensure that the contract honest implementation, reputation networks can be overcome the negative attitude of the tissue conduction knowledge to some extent, to promote knowledge sources maintain cooperative relations under the constraints of the reputation network, for knowledge sharing and conduction. It can be said that the reputation network constraints on cluster participants cooperative attitude can be seen as a necessary condition for organizations conduction knowledge in the cluster.
25
Hes, Tomáš, Samuel Mintah, Haiyan Sulaiman, Tuan Arifeen, Petr Drbohlav, and Ali Salman. "Potential of microcredit as a source of finance for development of Sri Lankan biogas industry." Energy & Environment 28, no. 5-6 (June 21, 2017): 608–20. http://dx.doi.org/10.1177/0958305x17714173.
Анотація:
The study serves to clarify doubts on the potential of commercial microcredit as a strategic vehicle of implementing of small-scale biogas plants in Sri Lanka, as an alternative to subsidy-based process. The quantified sum of unsubsidized microloan interest born by the biogas users in a modeled situation of maximum potential of the biogas sector financed through microfinance institutions is compared with national technology savings on a macro level. The analysis concludes that an economic justification for the microfinance-fuelled implementation of small-scale biodigesters employing a market-based approach does exist. Annual savings on macroeconomic level surpass the annual cost expressed as a sum of unsubsidized interest. The study furthermore proposes a three-party credit contract, which prevents credit defaults caused by the lack of customary after-sales care by integrating the provision of service providers into a contractual agreement with both the user and the financing source, thus assuming part of credit responsibility.
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Gathongo, Johana K. "Towards a fair hearing for all employees: A case of probationary employee's in Kenya and the right to be heard prior to dismissal." Obiter 41, no. 3 (January 1, 2021): 555–72. http://dx.doi.org/10.17159/obiter.v41i3.9579.
Анотація:
An employer may require a newly hired employee to serve a reasonable period of probation to establish whether or not his or her performance is of an acceptable standard before permanently engaging the employee. Even so, the current provisions relating to termination of probationary employees under the Employment Act, 2007 (EA) remains a source of concern. Currently, an employer may terminate the employment of a probationary employee at will and without affording such employee an opportunity to be heard. The status quo has received firm approval by the Employment and Labour Relations Court accentuating that employers are immune from claims of unfair termination of a probationary employee. This article argues that for termination to be considered procedurally fair whether during a probation period or not, it should be preceded by an opportunity for an employee to state a case in response to the charges levelled against him or her. This article highlights that all laws in Kenya, including the EA are subject to the Constitution, particularly article 41(1) of the Constitution which guarantees “every person” the right to fair labour practice. Equally, article 27 of the Constitution states that everyone is equal before the law and has a right to equal protection and benefit of the law. Allowing employers’ the freedom to terminate employment without following due process certainly open up the floodgates for abuse of the primary purpose of probation. The mere fact that a contract of employment is labelled as “probationary contract” should not be used as a licence by employers to erode the constitutionally entrenched labour rights. The primary purpose of any good law is to advance the achievement of equity and fairness at the workplace. This can only be achieved by protecting vulnerable and marginalised employees such as probationary employees who participate in unpredictable forms of employment. This article maintains that prominence should be on the existence of an employment relationship and fair labour practice as opposed to the existence of a conditional contract of employment. The existence of an employment relationship should serve as the main “port of entry” through which all employees access the rights and protection guaranteed by labour legislation.
27
Smith, Carr J., and Thomas A. Perfetti. "Improving the ACGIH threshold limit value (TLV) process." Toxicology Research and Application 2 (January 1, 2018): 239784731880175. http://dx.doi.org/10.1177/2397847318801758.
Анотація:
The intent of this manuscript is to elucidate needed improvements in American Conference of Governmental Industrial Hygienists (ACGIH) threshold limit value (TLV) deliberations. More broadly, irreproducibility and bias adversely impact the collection, interpretation, statistical analysis, presentation, and reporting of results in many fields. In 2012, Begley and Ellis reported that scientists at Amgen had attempted to confirm published findings related to research topics of possible interest to Amgen. Fifty-three papers were deemed “landmark” studies. The authors were “shocked” when scientific findings were confirmed in only 6 (11%) cases. Many studies have confirmed that the peer-reviewed literature in biomedicine is in the midst of an irreproducibility crisis. Compounding the irreproducibility crisis is the existence of a significant bias against the publication of negative results. In the toxicology setting, negative toxicity test results are infrequently published as compared with reports that a chemical possesses a particular toxicity in a given test. Despite these deficiencies, the ACGIH states that “…the TLV®-CS Committee preferably relies on published, peer reviewed literature available in the public domain.” The primarily academic studies published in the peer-reviewed literature upon which ACGIH relies to determine TLVs rarely report raw data not already statistically transformed that are thus incalculable. In contrast, consideration of unpublished studies funded by industry, the vast majority of which are good laboratory practice-conducted contract lab studies, is only acceptable to ACGIH if the data owner provides the raw data to third parties upon request. This asymmetry in both the source of data emphasized, and inability to independently statistically analyze findings reported in the published academic literature, introduces a strong skew toward reliance on unverifiable although published measurements in the TLV process. Since Occupational Safety and Health Administration (OSHA) recommends that workplaces rely on ACGIH TLVs and National Institute for Occupational Safety and Health recommended exposure limits rather than older OSHA permissible exposure limit values to optimize worker safety, ACGIH should adopt a more transparent and science-based process.
28
Oţăt, Diana. "Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature." Acta Universitatis Sapientiae, Philologica 7, no. 3 (December 1, 2015): 15–24. http://dx.doi.org/10.1515/ausp-2015-0051.
Анотація:
Abstract Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.
29
Ketola, Anne. "Visual explicitation in intersemiotic translation." STRIDON: Studies in Translation and Interpreting 1, no. 1 (July 7, 2021): 103–22. http://dx.doi.org/10.4312/stridon.1.1.103-122.
Анотація:
In Translation Studies, explicitation generally refers to an interlingual process where something that is implicit in the source text is made explicit in the target text. This article analyses the concept in an intersemiotic context, focusing on word-to-image translation, with the aim of determining whether word-to-image translation includes meaning construction that could be described as explicitation. The empirical data of the article is a comic contract, a verbal-only document that has been intersemiotically translated into a visual form, i.e. a comic. The analysis concluded that while some of the characteristics described for interlingual explicitation operate with verbal language-specific concepts and cannot be applied to word-to-image translation, other characteristics of explicitation – such as the specification of meaning in translation – seem well-suited for this type of intersemiotic analysis. The analysis also emphasized that distinguishing types of explicitation in word-to-image translation is complicated by the inherent differences of words and images as meaning making resources.
30
Ni'mah, Allina Mustaufiatin, and Syufa'at Syufa'at. "Legalitas Impor Vaksin Covid-19 Perspektif Maqashid Syariah." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (June 17, 2021): 11–24. http://dx.doi.org/10.24090/volksgeist.v4i1.4695.
Анотація:
This article aims to determine the legality of importing Covid-19 vaccines by the Ministry of Health from sharia maqasid perspective. This article is a literature study using literature review as the primary legal source. The results of the study show that the legality of importing Covid-19 vaccines in maqshid sharia aims to make people believe and obey the government's vaccination program to decrease the spread of the Covid-19 virus and the death rate to protect the lives (hifẓ al-nafs) of the Indonesian people. The legality of importing the Covid-19 vaccine using salam contract mechanism is known to have unfulfilled conditions, namely the object specification requirements.The object specifications in this case include halal assurance, thayib and safety guarantees of Covid-19 vaccine products. Therefore, the audit process from BPOM and halal certification from MUI used as the basis for the legality of importing the Covid-19 vaccine, make the object specification requirements fulfilled. If in the process of importing the Covid-19 vaccine there is force majeure, the agreement can be renewed or canceled and if there is a dispute, it can be resolved through arbitration.
31
Valibeigi, Mojtaba. "Deconstruction and fractalization of urban identity." Journal of Urban Society's Arts 7, no. 1 (September 20, 2020): 1–8. http://dx.doi.org/10.24821/jousa.v7i1.3843.
Анотація:
The research, by referring to the Dur Untash city at the Symbolic level, seeks to answer the question that how in urban semiotics, the city's identity has acquired a semantic significance beyond its significance. The situation of the city expresses a state that any kind of dominant discourses has lost their accreditation capacity and authority, and the audience cannot rely on any of the currents that were considered as definitive. City identity is nothing but fractal games that there is no source of authority that indicates the fixed meaning of these formulas and this is a social contract. These contracts derive from the semiotic rules which is agreed upon in the community. In this game will be try to impose certain meanings on the city identity using the symbolic function; to internalize meta-narrative (internalization process) and in this way, the identity and the presence of the Dur-Untash city will be recorded in time and reach an immortal realm.
32
Muratova, O. V. "The Concept of Transnational Consumer Law in the Modern World." Lex Russica, no. 7 (July 31, 2019): 20–28. http://dx.doi.org/10.17803/1729-5920.2019.152.7.020-028.
Анотація:
The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved in the online contractual relationship; 3) the process of concluding and executing the online contract.Attention is drawn to the fact that new methods of conclusion of contracts has predetermined the emergence of new approaches to qualification of certain aspects of contractual relations between the parties, in particular, it concerns determining the moment of contract conclusion, distinguishing between offer and invitation to offer in online interaction, assessing the validity of online contracts and dispute resolution mechanisms online.The article analyzes the impact of globalization of trade on consumer markets, mechanisms of regulation of transnational consumer relations in the context of e-commerce. It is noted that globalization of trade has pointed to the need to develop a transnational approach to the regulation of e-commerce, to unify and harmonize relevant legal instruments. The author examines the steps taken in this direction within the framework of UNCITRAL, the EU, by the representatives of American business. It is concluded that the US policy concerning consumer protection is aimed at implementation of economic interests of business, which promotes competition and commercial prosperity in the market, but at the same time puts consumers at risk when concluding online contracts. This approach runs counter to the EU policies that promote implementation of social regulation in order to maximize consumer protection.The authors consider Lex mercatoria as a separate source of transnational consumer law.
33
Shaikh, Abdul Rehman, and Asad Ali Qazi. "Universal Ad Agency – vendor selection." Emerald Emerging Markets Case Studies 10, no. 4 (November 23, 2020): 1–19. http://dx.doi.org/10.1108/eemcs-04-2020-0130.
Анотація:
Learning outcomes The learning outcomes are as follows: to understand the process of procurement and describe the process of supplier selection; to understand the importance of vendor selection criteria and develop the same; and to develop the framework for steps involved in vendor selection. Case overview/synopsis Jelani was working in his office over weekends to select the supplier and finalize the contract for installation of SMD LED screen. It was going to be one of its kind in town, and the first ever project for the organization. He was working as procurement manager at Universal Ad Agency and based in their office at Hyderabad. Jelani had already missed the deadline of installation, and he knew that he was not going to get any extension in deadline for the second time. He had visited the markets of Lahore and Hyderabad to source out the best supplier. He had to prepare a strong case and present to CEO. With all the data available, would Jelani be able to select the best evaluated supplier from among the recently sourced out suppliers? Complexity academic level MBA elective courses of Purchase & Supply Management, and Operations Management. Subject code CSS 9: Operations and Logistics Supplementary materials Teaching Notes are available for educators only.
34
Ueda, Eduardo Takeo, Marcelo Moro Da Silva, Anderson Aparecido Alves Da Silva, Norisvaldo Ferraz Junior, Fabio Dacêncio Pereira, Alessandro Santiago Dos Santos, Adilson Eduardo Guelfi, and Sergio Takeo Kofuji. "A Proposed Blockchain-Based Voting System with User Authentication through Biometrics." Journal of Information Security and Cryptography (Enigma) 8, no. 1 (September 7, 2021): 1–11. http://dx.doi.org/10.17648/jisc.v8i1.78.
Анотація:
Transparency and security in an electoral process are fundamental to the legitimacy of the results and the confidence of voters. Thus, it is necessary to assess opportunities to improve traditional voting systems. Among the main problems is the lack of transparency, due to the impossibility of a voter checking their vote and the lack of access to the source from which the results are obtained. Another problem is mobility, due to the impossibility of performing remote voting, as traditional voting systems continue to require the physical presence of the voter in an electoral zone. Thus, the objective of this work is to propose a voting system that is functional, transparent, safe, and accessible to everyone. Voters can vote through a mobile application with biometric authentication using fingerprint and password access. In our proposal, votes are registered in an Ethereum Blockchain through a Smart Contract, allowing the voter to check their vote. The results are expected to collaborate with the evolution of studies necessary to improve traditional voting systems, especially in fundamental aspects such as security, transparency, and mobility.
35
Ziyang, Pan, and Liang Shan. "John Locke’s Doctrine of Limited Government: Establishment, Limitations and Criticisms." Advances in Politics and Economics 4, no. 3 (July 22, 2021): p25. http://dx.doi.org/10.22158/ape.v4n3p25.
Анотація:
John Locke was a famous political philosopher in the 17th century. The theory of limited government proposed by Locke in the Second Treatise of Government has delivered a profound impact on the modern politics. Based on the theoretical foundation of liberalism, Locke argues that, for the purpose of defending the right to private property, only when the majority agree can we establish a government after signing the social contract and shifting from the state of nature to the political society. By analyzing the limitations of the source, affiliation and range of government power, this paper demonstrates the limitations of the limited government as the rule of law and the separation of powers on the inside, and the collapse of government and people’s revolution on the outside. In the process of modernizing the national governance system and governance capacity, it is necessary for developing countries to be fully confident in their political systems and absorb what is best from Locke’s theory so as to build a modern service-oriented government.
36
Athanasopoulou, Pinelopi, and Elena Sarli. "The development of new sponsorship deals as new business-to-business services." Journal of Business & Industrial Marketing 30, no. 5 (June 1, 2015): 552–61. http://dx.doi.org/10.1108/jbim-08-2012-0127.
Анотація:
Purpose – The purpose of this paper is to analyse the process followed by sponsors and sport properties in developing their sponsorship deals as seen from a new service development (NSD) perspective. Sponsorships are expensive and can be a source of sustainable competitive advantage if managed appropriately. Therefore, the authors need to approach sponsorship strategically and formalise sponsorship decision-making. Sponsorships are considered to be complex, relationship-based, business-to-business services, and the development of such services has been analysed in the NSD literature. As past research on the development process of sponsorship deals is limited, the use of an NSD perspective can help in formalising sponsorship decision-making. Design/methodology/approach – Four case studies were conducted involving two professional, premier league football clubs and two sponsoring organisations, one major sponsor for each club. One of the dyads involved a brand new sponsorship deal and the other a renewal. Findings – Results showed that in both dyads, the development process of the new service follows the NSD process of other complex, relationship-based, business-to-business services and involves three main phases, namely, information collection, proposal preparation and presentation or receipt and analysis, and negotiations and contract sign. All four firms use a semi-formal and flexible process, whereas the actors in each stage vary. Also, the new deal requires a more lengthy process than the renewal, following the example of really new and me-too services. Multi-functional teams are not present, and top management involvement is important only in the last stage of the process. Research limitations/implications – This paper helps in analysing the development process of new sponsorship deals, as new business-to-business services. However, it involves only four cases and has limited generalisability. Future research should substantiate results with more cases or quantitative research. Practical implications – Results can help sponsors and sponsees to structure their processes for successful development of new sponsorship deals. Also, as new sponsorship deals seem to be developed the same way with other business-to-business, complex services, potential sponsors that are big service providers can probably enjoy synergies from using the same or a slightly different process than the one they use for developing their main services. Finally, the use of a semi-formal and flexible process in sponsorship development can be helpful in dealing with customised services and rapid NSD that is critical for new service success. Originality/value – It is the first time that the development process of sponsorship deals is approached from an NSD perspective and analysed as a new business-to-business service.
37
Ciptono, Wakhid Slamet. "A SEQUENTIAL MODEL OF INNOVATION STRATEGY—COMPANY NON-FINANCIAL PERFORMANCE LINKS." Gadjah Mada International Journal of Business 8, no. 2 (May 12, 2006): 137. http://dx.doi.org/10.22146/gamaijb.5617.
Анотація:
This study extends the prior research (Zahra and Das 1993) by examining the association between a company’s innovation strategy and its non-financial performance in the upstream and downstream strategic business units (SBUs) of oil and gas companies. The sequential model suggests a causal sequence among six dimensions of innovation strategy (leadership orientation, process innovation, product/service innovation, external innovation source, internal innovation source, and investment) that may lead to higher company non-financial performance (productivity and operational reliability). The study distributed a questionnaire (by mail, e-mailed web system, and focus group discussion) to three levels of managers (top, middle, and first-line) of 49 oil and gas companies with 140 SBUs in Indonesia. These qualified samples fell into 47 upstream (supply-chain) companies with 132 SBUs, and 2 downstream (demand-chain) companies with 8 SBUs. A total of 1,332 individual usable questionnaires were returned thus qualified for analysis, representing an effective response rate of 50.19 percent. The researcher conducts structural equation modeling (SEM) and hierarchical multiple regression analysis to assess the goodness-of-fit between the research models and the sample data and to test whether innovation strategy mediates the impact of leadership orientation on company non-financial performance. SEM reveals that the models have met goodness-of-fit criteria, thus the interpretation of the sequential models fits with the data. The results of SEM and hierarchical multiple regression: (1) support the importance of innovation strategy as a determinant of company non-financial performance, (2) suggest that the sequential model is appropriate for examining the relationships between six dimensions of innovation strategy and company non-financial performance, and (3) show that the sequential model provides additional insights into the indirect contribution of the individual dimensions of innovation strategy (partially mediators) to company non-financial performance —productivity or operational reliability. The findings provide empirical evidence extending the previous model of Zahra and Das. These findings also provide a basis for useful recommendations to upstream and downstream SBU managers attempting to implement a sequential model of innovation strategy —company non-financial performance links. This study shows that upstream SBUs rely on external innovation sources. They will acquire innovation policies through business partnership development (such as Joint Operation Body for Enhanced Oil Recovery or JOB-EOR, Joint Operation Body for Production Sharing Contract or JOB-PSC); licensing agreements (Technical Assistance Contract or TAC, Consortium Cooperation System); or acquisition with other firms (Joint Operating Contract or JOC). In contrast, downstream SBUs emphasize on generating internal innovation sources to develop their own in-house R&D efforts. The downstream SBUs should make extensive policies of internal innovation sources in their attempts to control the distribution of oil-based fuel and transmission of natural gas for domestic and international markets effectively. Both policies would enhance understanding and ultimately contribute to the improvement of company financial performance —sales, net profit margin, return on assets.
38
Rogers, Chris, and Stephen Senior. "Experience with end-result specifications for granular base aggregates in Ontario." Canadian Journal of Civil Engineering 34, no. 9 (September 1, 2007): 1169–79. http://dx.doi.org/10.1139/l07-033.
Анотація:
In 1982, the Ontario Ministry of Transportation (MTO) introduced end-result specifications (ERS) for the acceptance of granular base and subbase aggregates with respect to lot-by-lot statistical testing for grading and percentage of crushed particles. Under ERS, the mean and range of four test results (sublots) were used to determine the payment for specific production quantities (lots). Quality assurance (QA) sampling and testing were conducted at the aggregate source by the MTO. Materials within a lot that were, on average, marginally outside the specification limits or exhibited a wide range would be paid at a reduced contract price. Materials significantly exceeding these requirements would be rejected. In 1997, MTO introduced quality control (QC) requirements that made the contractor responsible for sampling and testing at the source. Quality assurance testing was based on a reduced number of samples taken from materials delivered to the worksite. Price adjustments, if any, were determined solely on QA test results (subject to a referee process). This paper describes in detail the steps taken to introduce these various ERS schemes. Acceptance for granular base materials at full price in 2002 has not changed significantly from 1994 and earlier years; the quantity of rejected materials has also not changed significantly over the years. It is concluded that the introduction of contractor QC testing has not significantly improved the quality of materials supplied, but neither has it had a detrimental effect.Key words: aggregate, construction, end-result specification, granular base, pavement, quality assurance, quality control, statistics, testing.
39
Pak, Jongwook, and Seongsu Kim. "Team Manager’s Implementation, High Performance Work Systems Intensity, and Performance: A Multilevel Investigation." Journal of Management 44, no. 7 (May 9, 2016): 2690–715. http://dx.doi.org/10.1177/0149206316646829.
Анотація:
Recently, capturing within-organization variability during the implementation of high performance work systems (HPWS) has received considerable attention; however, the source of such variability has rarely been considered. If the utilization of HPWS is positively related to performance outcomes, examining factors contributing to an effective implementation may yield significant theoretical and practical implications. For this purpose, this study extends the extant HPWS literature in two ways. First, we attempt to conceptualize team-level HPWS intensity and identify antecedents of variance across teams. Specifically, we regard the visible role of team managers in the process of HPWS implementation as a primary interpretive filter that makes team members perceive differences in HPWS intensity, which in turn affects team performance. Second, we posit that if human resources (HR) policies are viewed as an exchange agreement between the organization and its employees, then a team manager more actively enforcing espoused HR practices may positively influence the sense of human resource management (HRM)–induced psychological contract fulfillment of team members, which in turn influences individual in-role performance and organizational citizenship behavior (OCB). Our hypotheses are tested with data from 183 matched responses from 51 teams, and the results generally support both the team-level and multilevel hypotheses. We discuss the theoretical and managerial implications of our study.
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Dewi, Dita. "Teacher Management in Early Childhood Education." Early Childhood Research Journal (ECRJ) 3, no. 1 (July 29, 2020): 12–17. http://dx.doi.org/10.23917/ecrj.v3i1.11709.
Анотація:
This study aims to describe the planning, recruitment, coaching, and development at Surya Ceria Aisyiyah kindergarten, Cangakan, Karanganyar. This research is a qualitative descriptive study. Data collection uses observation techniques, interviews, and documentation. Test the validity of the data using technical triangulation and source triangulation. Data analysis using the model of Miles and Huberman namely the reduction stage, the stage of data presentation, and drawing conclusions. The results of his research are (1) Planning in Surya Ceria Aisyiyah PAUD using job analysis and job analysis. (2) Recruitment of teachers in kindergarten Surya Ceria Aisyiyah, namely forming a committee for the recruitment of prospective new educators, announcements, administrative selection. The selection process for applicants in kindergarten Surya Ceria Aisyiyah includes administrative selection, written test, interview test, microteaching test. after the test ends, the overall test results will be discussed and determined which ones are accepted and rejected. Applicants who pass the selection face the school principal to be given directions related to the work contract and salary; (3) Guidance and development of educators through the identification of educator needs with evaluation methods. Forms of coaching and development in kindergarten Surya Ceria Aisyiyah Cangakan Karanganyar, namely supervision of school principals, seminars, workshops, training, In House Training, organization, training, visits, and comparative studies, further education.
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Malliaros, C., and A. Guitonas. "Pre-treatment and elimination systems of toxic industrial waste and sludges. The case study of the department of Attika." Water Science and Technology 36, no. 2-3 (July 1, 1997): 91–100. http://dx.doi.org/10.2166/wst.1997.0490.
Анотація:
In the departments of Attika and Viotia there are about 1,100 industries. The total amount of produced waste from the above mentioned branches is 20 × 106 t/year, 600,000t of which contain toxic substances. By contract from October 1st, 1992 between the Ministry of the Environment, Regional Planning and Public Works and three collaborating offices (among them the office of C. Malliaros) has been assigned to the latter, the realisation of a study of the management of toxic waste (liquid) and sludges, in the Departments of Attika and Viotia. The study presented in this paper investigates the following: - collection and evaluation of data and estimation of the hydraulic and pollution loads - classification of industries according to sewage facilities - further possibilities for changes of improvements in the production process of the industrial branches for the reduction of pollution and representation of these industries on maps - proposals for the collection and transport of the liquid toxic waste and sludges - pre-treatment at the source and disposal of the liquid waste and sludges - presentation of administrative and legislative regulations - forming a policy for the management and monitoring of this waste - technical and financial evaluation and investigation of the alternative methods of treatment - suggestions for the development of the area concerning the activities and the expenses at various levels.
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Kornitasari, Yenny, Asfi Manzilati, and Anthon Efani. "PRINCIPAL AGENT DALAM INDUSTRI PERIKANAN TANGKAP; KONTRAK YANG MENGUATKAN ATAU MELEMAHKAN? (STUDI KASUS PERIKANAN TANGKAP DI PESISIR MALANG SELATAN)." Jurnal Sosial Ekonomi Kelautan dan Perikanan 14, no. 2 (December 10, 2019): 197. http://dx.doi.org/10.15578/jsekp.v14i2.7396.
Анотація:
Penelitian ini bertujuan untuk mengidentifikasi secara detail bagaimana hubungan kerja/ industrial (principal-agent) dalam menjaga keberlanjutan suatu usaha di sektor perikanan. Penelitian ini menggunakan pendekatan kualitatif untuk melihat realitas yang tidak hanya dilihat sebagai sebuah hasil, tetapi juga proses yang berlangsung. Proses observasi dan intreprestasi menggunakan metode blumer. Hasil penelitian menunjukan bahwa sumber modal sebagai pembiayaan dalam operasional sektor perikanan di pesisir Malang Selatan secara umum berasal dari tiga sumber yaitu bank, aset pribadi dan pengambek. Modal yang berasal dari bank hanya bisa diakses oleh nasabah yang memiliki agunan seperti sertifikat rumah/tanah dan kendaraan bermotor. Pedagang kecil yang tidak memiliki asset untuk dijadikan agunan lebih memilih permodalan yang berasal dari koperasi, bank thitil dan pengambek. Sumber pemodalan yang berasal dari bank, koperasi maupun bank thitil sudah jelas kontrak yang terbangun. Yang unik pada kasus ini adalah sistem permodalan yang dilakukan antara nelayan dengan pengambek. Dalam hal ini, kontrak yang terbentuk antara principal dan agent disini seperti menguntungkan kedua belah pihak, akan tetapi dalam kenyataannya nelayan tidak punya kekuatan dan pilihan lain dalam mengembangkan usaha karena terikat dengan kontrak pemodalan dan juga utang yang tidak boleh dilunasi.Title: principal – agent; kontrak bisnis; masyarakat pesisir The study aims to identify in detail how work / industrial relationship (principal-agent) in maintaining the sustainability of fisheries business. This study used a qualitative approach to perceive reality as a result as well as an ongoing process. The Blumer method was used for the observation and interpretation of the data. As financial support of fisheries sector in the coast of South Malang, capital generally comes from three sources: banks, personal assets and scavengers. Bank capital can only be accessed by customers having collateral asset such as house, land, or vehicles certificates. While cooperative, thitil bank and pengambek were the capital sources for the small traders who do not have collateral assets. It is clear that there is a contract system for acquiring bank and cooperative capital. The unique case appears from capital system between fishers and “pengambek”. The system seemed to have a mutual advantageous for both party, however, fishers have less power and choice to get alternative source of capital in developing their business due to the restriction of their contract and they are not allowed to settle their debt.
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Thomas, Howard. "The value of real consultancy." APPEA Journal 51, no. 2 (2011): 701. http://dx.doi.org/10.1071/aj10081.
Анотація:
The problems of an ageing workforce and loss of corporate memory are often cited as reasons for process safety incidents and declining standards of operation. Coupled with the mobility of the Australian engineering workforce, it poses the question: how do we establish a brain trust, a source of knowledge for the benefit of the industry? Our industry continues to operate with a silo mentality, project competing with project, concentrating on recruiting internal resources or direct hire on a contract basis to secure the resources they need. Not only is this strategy obviously failing to secure the resources, it heats the market. Furthermore, the engineers in question have little opportunity to improve their skills—even less downtime to innovate. The potential benefit of grouping experienced and technically excellent engineers together to cross-pollinate and create original approaches to known problems is being missed. Supporting the establishment of a thriving consultancy market would enable teams of high-quality engineers to be created, adding real value to the industry as a result of the stimulation of our most knowledgeable people assets. By pooling the knowledge of our better engineers, we create the opportunity for best practice to be established and spread in our industry. The constant drain of people leaving the industry having made their money can perhaps be stemmed if there is a prospect of stimulating and varied work. This must be a sensible course of action for a nation with huge natural resources that need to be harnessed efficiently.
44
Erbakhaev, Evgeniy A., and Maxim V. Kratenko. "Compensation for harm resulting from the usage of a building: Comparative analysis of Russian and Chinese law." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 455–76. http://dx.doi.org/10.21638/spbu14.2021.213.
Анотація:
The article examines the problem of compensation for harm caused in the process of using a building and structure. Attention is paid to the side of the defendant in relation to apartment buildings and non-residential buildings, the distribution of liability in the case of a plurality of tortfeasors, the regulation of third-party liability issues by the contract. A comparative analysis of the legislation of the Russian Federation and the People’s Republic of China regulating the liability of building’s owners (users) and contractors involved in the maintenance of a building as well as court practice is conducted. The choice of the Chinese legal system is due to the presence of special rules in Tort Liability Law of China (2009). According to the results of the study, the authors have formulated a number of proposals, in particular: to unify the legal regime for residential and non-residential buildings for the purposes of compensation for harm caused to third parties; to differentiate the liability for harm caused by the destruction of a building (its structural components) and damage due to items falling out from the building (snow or ice falling from the roof, falling advertising designs, objects being thrown out of the building, etc.), to allow the contractual regulation of owner’s liability provided that the victim is given the right to choose the defendant (the building’s owner or the maintenance company, the contractor involved). The authors also argue in favor of a codified act as a source of tort law, which will ensure consistent regulation of the studied relations.
45
Hill, Matthew H. "Towards a Chronology of the Publications of Francis Moore's Travels into the Inland Parts of Africa…" History in Africa 19 (1992): 353–68. http://dx.doi.org/10.2307/3172005.
Анотація:
There are two book length, English language, descriptions of precolonial life on the Gambia. The earlier, Richard Jobson's The Golden Trade of the Moors of 1620, is widely available, having been reprinted three times in this century. The other, Francis Moore's Travels into the Inland Parts of Africa of 1738 is equally valuable, but much rarer. Although Moore's book appeared in several editions in the eighteenth century, it has not been published in anything close to its entirety in almost two centuries. Moore stayed much longer on the Gambia than did Jobson and his more circumstantial account deserves greater accessibility for its contemporary influence as well as its source value. I am beginning the process of preparing a new edition of Moore and present this short bibliographical note as a first product of my research.Francis Moore was hired as a writer, or clerk, by the Royal African Company in 1730 and spent almost four and a half years (November 1730 to May 1735), on the river Gambia, first as a writer and subsequently as Factor, at several of the Company's establishments. During his stay he apparently wrote a general journal for his own uses, as well as the “true and particular Journal of all his Proceedings relating to the Affairs of the…Company” (Moore 1738, Appendix 1:2-3) which his contract obliged him to keep. Subsequently, Moore added several other texts as well as amending and extending his journals to produce the book first published in 1738. I will discuss these additions, amendments, and extensions below.
46
Olena, Lvova. "Legal doctrine as a matrix of quality law." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 88–97. http://dx.doi.org/10.33663/0869-2491-2020-31-88-97.
Анотація:
Іntroduction. The article notes the relevance of defining the role of doctrine in the development of the law, given the rapid legislative races on the road to European integration. It is emphasized that the legal doctrines of different States may differ in the strength of their national characteristics, certain objective factors – historical, political, economic, cultural, religious and the like. As an example, it is possible to call existing since ancient times, doctrines of natural rights, popular sovereignty, social contract, the theological doctrine of state and law, rule of law and the like. Тhe aim of the article. Given the above, the aim of the article is the study of the legal doctrine as a kind of matrix quality law and the definition of its influence on legislative activities. One of the definitions of the term «matrix» is understanding it as a General framework, models, diagrams, anything. Results. Scientists, analyzing the legal doctrine distinguish two main functions: on the one hand it is the theoretical basis for the legislative process, and on the other source of law, and, accordingly, is implemented in the enforceability of the process. Based on the reviewed definitions of legal doctrine and its role in law-making activities, its influence on the formation of high-quality law, as the conclusion should focus on the following features that characterize its matrix, to create high-quality law. Сonclusion. As a conclusion it is noted that the capacity of legal doctrine to serve as a matrix in the legislative and realtime processes due to its functional and content side: on the one hand, it is a waste years of theoretical (conceptual) framework for law-making; second, it objectifies the results of scientific research in the form of fundamental legal ideas and concepts (ideals, values, principles, norms); thirdly, the doctrinal knowledge transforms in legislation, filling it with quality content. Consequently, the legal doctrine as a body of basic scientific ideas is intended to be a repository of fundamental principles and values formed in the process of development of society, perceived them, and which should be to find objective expression in national law.
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Hryschenko, O. P., and O. P. Yefremova. "SOURCES OF LEGAL REGULATION OF FAMILY RELATIONS IN UKRAINE." Actual problems of native jurisprudence 1, no. 1 (March 3, 2021): 38–41. http://dx.doi.org/10.15421/392108.
Анотація:
With the adoption of the Civil Code of Ukraine (2003) and the Family Code of Ukraine (2002), the process of reforming the family legislation of Ukraine began. The study of sources of family law is relevant and has important theoretical and practical significance. The purpose of the article is to analyze the problems in the sources of legal regulation of family relations in Ukraine. Sources of family law – a set of state and legal, social and legal requirements and legal positions, which regulate family relations and are reflected in such forms as regulations, general principles of family relations, principles of family law, generally accepted principles and norms of international law, international treaties normative legal agreements, legal acts of the European Union, family agreements, legal doctrine, judicial and administrative precedent, case law of the Constitutional Court of Ukraine, the Supreme Court determine the types of sources of family law according to the legal tradition of origin and existence of legal sources in the family legislation of Ukraine, according to the subject of legal regulation, depending on the subject of perception, depending on the action in space, depending on the legal force and the place of the system of sources of law, depending on the primary origin and primary derivative in content. Conclusions. 1. The concept of sources of family law as a special legal category, which denotes a set of state and legal, social and legal regulations and crisis legal positions in the field of family and marriage, regulating a special area of public relations using a special method of legal regulation, as a set state-legal, social-legal prescriptions and legal positions that contain norms of family law and regulate family relations. 2. The system of sources of family law is characterized as a single dynamic legal system taking into account the international and European experience of regulating family relations. 3. The normative-legal agreement is a source of family law and a social regulator of family relations, which carries out individual legal regulation of family relations. It is proved that the normative-legal contract is an exclusive source of family law, which is applied in cases of necessity of settlement of opinion of several public-legal subjects.
48
Bjekić, Milan, and Hristina Vlajinac. "Partner Notification for Gonorrhea and Syphilis in Belgrade." Serbian Journal of Dermatology and Venereology 9, no. 2 (June 27, 2017): 43–48. http://dx.doi.org/10.1515/sjdv-2017-0006.
Анотація:
Abstract “Contact tracing” or “partner notification” refers to clinicians’ efforts to identify sex partners of infected persons to ensure their medical evaluation and treatment. For many years partner notification has been a cornerstone in the management of patients diagnosed with sexually transmitted infections (STIs) and it is the essential component in the control of these infections. Clinicians’ efforts to ensure the treatment of a patient’s sex partners can reduce the risk for re-infection and potentially diminish transmission of STIs. Partner notification includes three different approaches for notifying the sexual partners of the person infected with a STI: provider referral, patient referral, and contract referral. The aim of our study was to evaluate the efficacy of partner notification among syphilis and gonorrhea cases registered at the City Institute for Skin and Venereal Diseases in Belgrade in 2016, and its contribution to prevention and control of these diseases. A retrospective chart review of patients with gonorrhea and early syphilis registered in 2016 was undertaken. We analyzed data about the possible source of infection as well as sexual orientation, provided on the official form for notification of syphilis and gonorrhea. The study included 112 male patients, 67 with gonorrhea and 45 with syphilis. Out of three modalities of partner notification offered to patients, only patient notification of sexual partner/s was accepted. Although all patients accepted this type of partner notification, index patients with gonorrhea notified only 17 partners (25.4%) and index patients with syphilis also notified 17 partners (37.8%). The effectiveness of partner notification for gonorrhea and syphilis cases was only 30.4%, and its contribution to prevention and control of these diseases was lower than we expected. National guidelines offering standardized protocols for partner notification service provision can improve this process, as a novel approach with non-traditional method of partner notification such as patient-delivered partner therapy.
49
Raday, Frances. "Privatising Human Rights and the Abuse of Power." Canadian Journal of Law & Jurisprudence 13, no. 1 (January 2000): 103–36. http://dx.doi.org/10.1017/s0841820900002320.
Анотація:
The classical concept of protection of human rights is generally perceived as appertaining to the public sphere. It is concerned with the protection of the individual against the power of the State. However, current voices are heard asserting that human rights are not confined to that sphere. It is claimed that individuals are entitled to respect for their human rights not only as against the power of the state but also in their dealings with one another. Introducing human rights jurisprudence to the disciplines of private law would limit the autonomy of an individual where exercise of that autonomy would infringe the human rights of another person. Under this proposal, the rules of such fields as contract law, company law, torts law and family law, would be subject to human rights principles.The privatising of human rights is taken by this author to infer the attribution of a review jurisdiction to the courts to override provisions of private law the application of which would bring about infringement of the human rights of individuals. It is in the nature of constitutional human rights protection to transfer the power to determine the limits of rights and powers away from the legislature and bestow it on the courts. By this conception of privatising human rights, obviously, not every protection offered by a state to individuals against interference or injury by private persons or bodies can be classified as an application of human rights in the private sphere. The protections provided by the criminal law or by torts, contract and labour law are not privatised human rights in this sense. The clarification is especially important in order to distinguish the provisions of international human rights law from a concept of constitutional privatisation. The international human rights provisions are in essence directives to governments and may be implemented by legislation. Only where they become directly applicable against private persons in the courts of the state party to the Convention can they be regarded as instances of privatising human rights. The perception of a right as a privatised human right rather than a mere application of the norms of the legal system is hence based on the source of the right in the constitutional hierarchy. In the analysis which ensues, the assumption will be made that there is a privatised human right only where that right derives directly from a constitutional power bestowed on courts. In this article, I shall employ the phrase ‘privatising human rights’ to denote this concept. As it will emerge, the use of this term is appropriate not only to denote the process but also to raise policy analogies to a more commonly known form of “privatising”—the privatising of economic activities of the state.
50
Borisovа, E. A., I. P. Lutskan, N. V. Savvina, L. F. Timofeev, and O. E. Konovalov. "PECULIARITIES OF ORGANIZATION OF OUTPATIENT CARE FOR ADULTS AND CHILDREN ON BASE OF MEDICAL CENTER OF YAKUTSK CITY OF THE REPUBLIC OF SAKHA (YAKUTIA)." NAUKA MOLODYKH (Eruditio Juvenium) 8, no. 4 (December 30, 2020): 502–10. http://dx.doi.org/10.23888/hmj202084502-510.
Анотація:
Aim. To study organization of the outpatient care in Yakutsk, incl. that on the base of Medical Center of Yakutsk in the period from 2012 to 2018. Materials and Methods. For this study, statistical data were used on staffing, attendance, morbidity of the children’s and adult population of the city of Yakutsk by ICD-10 classes (per 100 thousand population) for 2012-2018. Statistical data for the work were obtained from an official source – Yakutsk Republican Medical Information and Analytical Center and medical organizations providing primary health care. The work used the data of official statistical reports (forms 7, 12, 17, 30, 36), demographic parameters of the population of the city of Yakutsk. Statistical data processing was carried out using Statistica10 software (Stat Soft Inc., USA) and Microsoft Excel. SWOT analysis of the organization of outpatient care for the population of the city of Yakutsk was carried out. Results. The health status of the population of Yakutsk was characterized by a high level of morbidity in all age groups. Organization of medical care for the population of Yakutsk was characterized by expansion of the network of medical organizations and strengthening of their material and technical base. Introduction of new management mechanisms into the activities of Medical Center in Yakutsk in 2012-2018 allowed to achieve high results of work among the attached population. Conclusions. Development of quality standards for medical and diagnostic services has reduced the number of acts of insurance companies with defects in the provision of medical care and penalties. Introduction of an «effective contract» made it possible to increase the previous level of salaries of medical workers, to additionally attract new workers, and also to increase the effi-ciency of the organization. Formation in a medical organization of a multilevel performance audit system based on a process approach made it possible to identify the strengths and weaknesses of the organization and develop measures to improve the availability and quality of medical care.