Analysis of relations in the state sector of Russian public procurement

2018 ◽  
pp. 106-126
Author(s):  
O. V. Anchishkina
Keyword(s):  
Current Practice ◽  
Public Procurement ◽  
The State ◽  
Market Failures ◽  
Administrative System ◽  
State Sector ◽  
Contractual Relations ◽  
State Organizations ◽  
State Organization ◽  
Negative Factors

The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

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

scholarly journals The Enduring State: An analysis of governance-making in three mining conflicts

2019 ◽  
Vol 40 (8) ◽  
pp. 1169-1191 ◽  
Author(s):  
Rajiv Maher ◽  
Francisco Valenzuela ◽  
Steffen Böhm
Keyword(s):  
The State ◽  
Environmental Concerns ◽  
Role Of The State ◽  
State Organizations ◽  
The One ◽  
State Organization ◽  
Private Actors ◽  
Longitudinal Qualitative Research ◽  
Hybrid Theory

This article investigates the profound ambiguity of the state in the organization of contemporary business–society relations. On the one hand, there has been a decisive shift from government to governance, encouraging private actors, such as corporations, communities and NGOs, to address social and environmental concerns themselves, i.e. without the state’s involvement. On the other hand, however, the continued importance and relevance of the organized state is difficult to ignore. In this article we examine the role of the state in three cases of mining conflicts in Chile, one of the world’s most important mining countries. Through longitudinal, qualitative research of conflictive mining governance relations between state organizations, large corporations and local communities, we show that the modes of influence conducted by the Chilean state oscillate between direct, central steering (‘cathedral’) and indirect, dispersed vouching (‘bazaar’). Elaborating on Foucault’s concept of governmentality, we offer a hybrid theory of state organization, where the dematerialization of the state’s responsibility is seen not as the norm but rather as a particular mode of governance that sits alongside the underestimated, yet enduring, material involvement of the state.

scholarly journals Management of procurement activities of the state organization carrying out educational activities: specifics, mechanisms, support

2021 ◽  
pp. 37-50
Author(s):  
Т.И. Алюнова ◽  
Н.Ю. Басик ◽  
Н.А. Булаева ◽  
Т.А. Головятенко ◽  
А.Н. Жеребцов ◽  
...  
Keyword(s):  
Public Procurement ◽  
The State ◽  
Educational Organizations ◽  
Procurement Management ◽  
Educational Activities ◽  
New Methods ◽  
System A ◽  
Procurement Contract ◽  
State Organization ◽  
State Educational

Контрактная система в сфере закупок, как совокупность участников контрактной системы в сфере закупок и осуществляемых ими операций, направленных на обеспечение государственных и муниципальных нужд, внесла кардинальные изменения в содержание управления государственными закупками, результатом которых стала необходимость пересмотра отдельных аспектов устоявшихся управленческих механизмов, внедрения новых методов и инструментов анализа системы управления (технологических, управленческих, экономических и организационных), предназначенных для обеспечения интересов общества и государства. Посредством контрактной системы был реализован системный подход к сфере планирования и осуществления государственных закупок, обеспечена гласность и прозрачность данной сферы, внедрены механизмы предотвращения коррупции и других злоупотреблений в сфере закупок. В основу контрактной системы в сфере закупок заложены принципы открытости и прозрачности, конкуренции, профессионализма, стимулирования инноваций, единства контрактной системы в сфере закупок, ответственности за результативность и эффективности осуществления закупок. Для сферы образования, включающей элементы государственного централизованного и децентрализованного управления, потребовались отдельные подходы к организации управления закупками для эффективного расходования бюджетных средств. Данная статья посвящена систематизации основных аспектов закупочной деятельности в государственной организации, осуществляющей образовательную деятельность, выявлению особенностей контрактной деятельности государственных образовательных организаций, а также вопросам эффективного управления закупочной деятельностью образовательной организации. The procurement contract system, as a set of participants in the procurement contract system and their operations aimed at meeting state and municipal needs, made fundamental changes in the content of public procurement management, which resulted in the need to revise certain aspects of established management mechanisms, the need to introduce new methods and tools for analyzing the management system (technological, managerial, economic and organizational), designed to protect the interests of society and the state. Through the contract system, a systematic approach to the planning and implementation of public procurement was implemented, transparency and transparency of this area were ensured, mechanisms were introduced to prevent corruption and other abuses in procurement. The contract system in procurement is based on the principles of openness and transparency, competition, professionalism, stimulation of innovation, unity of the contract system in procurement, responsibility for efficiency and efficiency of procurement. Education, which includes elements of centralized and decentralized public administration, required separate approaches to the organization of procurement management in order to effectively spend budget funds. This article is devoted to the systematization of the main aspects of procurement activities in a state organization conducting educational activities, the identification of the features of contract activities of state educational organizations, as well as issues of effective management of procurement activities of an educational organization.

How far ethics education positively influences ethical decision making of the young lawyers in Kedah?

2007 ◽  
Vol 4 (2) ◽  
pp. 83
Author(s):  
Anida Mahmood ◽  
Haswira Nor Mohamad Hashim ◽  
Kamarul Ariffin Mansor
Keyword(s):  
Decision Making ◽  
Ethics Education ◽  
Ethical Decision ◽  
Current Practice ◽  
Ethical Decision Making ◽  
The State ◽  
Legal Ethics ◽  
Basic Premise ◽  
Law Faculty ◽  
Ethics Course

This paper was written based on part of the findings of a survey made on young lawyers who are practicing in the state of Kedah. Young lawyers are advocates and solicitors with less than seven y ears of active practice. The objective of this study is to determine what factors positively influenced young lawyers' ethical decision making. Data was collected from /33 young lawyers who are practicing in the state of Kedah between January - June 2006 through self-administered and close- end questionnaires. The finding suggests that knowledge in professional legal ethics gained at the law faculty, pupil age and short ethics course does not contribute much to the ethical decision making of the young lawyers. Moved by this finding. this paper attempts to discuss the current legal ethics education in Malaysia. The main contention of the writers is their firm belief that the current practice of professional legal ethics education in Malaysia is insufficient and far from being adequate in producing ethical lawyers. Therefore the writers have proposed for professional legal ethics education in Malaysia to be reformed and this proposal serves as the basic premise of this paper.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Reform of the system of development institutions of the Far East: directions and tasks

2020 ◽  
Vol 93 (4) ◽  
pp. 101-108
Author(s):  
I. S. Khvan ◽  
Keyword(s):  
Regional Development ◽  
Russian Federation ◽  
Far East ◽  
Developed Countries ◽  
The State ◽  
Market Failures ◽  
The Far East ◽  
Development Institutions ◽  
State Corporation ◽  
The Russian Federation

Development institutions are an important modern instrument of government regulation of the economy in all developed countries. The system of development institutions of the Russian Federation includes the federal and regional development institutions. Key federal development institutions include such well-known state corporations as the investment fund of the Russian Federation; the State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)"; the state corporation "Russian Corporation of Nanotechnologies," etc. According to experts of the Ministry of Economic Development of the Russian Federation, about 200 regional development institutions operate on the territory of the constituent entities of the Russian Federation. The objectives of this extensive system of development institutions so far have been to overcome the so-called "market failures," which cannot be optimally realized by the market mechanisms, and to promote the sustained economic growth of a country or an individual region. In November 2020, the Government of the Russian Federation announced the reform of the system of development institutions in the country. The article analyzes the goals and main directions of the announced reform. On the example of the system of development institutions of the Far East, an attempt was made to assess its possible consequences.

scholarly journals An exploration into the opportunities and constraints for career progression into leadership roles for School Business Managers in the state sector in England

2021 ◽  
pp. 089202062199967
Author(s):  
Josephine Marchant
Keyword(s):  
Career Progression ◽  
The State ◽  
Research Approach ◽  
Leadership Roles ◽  
Business Managers ◽  
Structured Interviews ◽  
State Sector ◽  
Education Professionals ◽  
School Business ◽  
Survey Responses

Drawing on data from 116 survey responses by School Business Managers, and 7 semi-structured interviews with education professionals carried out between October 2017 and February 2018, this article reports on findings from a research project focussing on the opportunities and constraints for career progression into leadership roles for School Business Managers (SBMs) in the state sector in England. The article considers the differing roles and responsibilities of SBMs, how leadership is perceived in schools, the visibility of the SBM role, career aspirations of the SBMs who were surveyed, and the perceived constraints to progression to leadership roles. Analysis of the data was carried out using an inductive research approach using mixed methods. Snowballing was used to obtain a meaningful sample size for survey responses. Interviewees were chosen on the basis of judgement sampling. The sampling design for the survey and the interviews was one of non-probability. Findings suggest that leadership roles for SBMs do exist but that there are considerable constraints to these being achieved, not least the lack of appetite amongst SBMs to do so.

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