Environmental sustainability control system of economic entities

The monograph is devoted to a comprehensive analysis of the environmental sustainability control system of economic entities, both internal (internal control services) and external (state supervision (control) and audit). Effective control of the environmental sustainability of economic entities carried out by audit organizations and internal control units in cooperation with state supervision (control) and audit of nature users is carried out in order to verify the compliance of the nature of their environmental activities, products and environmental management systems with current legislation, standards, rules, requirements in the field of environmental protection and to confirm the reliability of their reporting. Confirming the reliability of the reporting of economic entities, environmental supervisors are able to conduct an independent assessment of the environmental sustainability and effectiveness of the environmental activities of the audited organizations, issue their proposals and recommendations for making informed decisions by various stakeholders. The interaction of audit organizations with the internal control (audit) services of enterprises and state supervision (control) and audit bodies will contribute to the timely preparation of reliable accounting and consolidated financial statements by enterprises and increase the efficiency of their environmental activities. It is intended for researchers, students, postgraduates and undergraduates, entrepreneurs, managers and anyone interested in the problems of environmental sustainability control of economic entities.

Zmiany organizacyjno-prawne przedsiębiorstwa państwowego w okresie Polskiej Rzeczypospolitej Ludowej

In Poland, during the People’s Republic of Poland, the policy of central management of the economy was based on the principles of unity of state power and unity of state property. They constituted the foundation of the state sector and the state economic activity. State-owned enterprises, strongly subordinated to public administration bodies, were the leading form of economic activity. The authoritarian state controlled not only the process of enterprise creation, liquidation and supervision, but also the enterprises’ operational activities. Strong state supervision and lack of responsibility for financial results were the main reasons for their low profitability, which in turn brought about attempts to reform the legal structure of the state-owned enterprises. The aim of the article is to show the legal and organizational changes in state-owned enterprises that are to produce an increase in economic efficiency. Based on the historical-legal method and the grammatical interpretation of the law, it was shown that the reforms undertaken in the field of the organization of state-owned enterprises were not effective.

Liability of legal entities as a prerequisite for the implementation of the Medicrime Convention

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes. An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime. It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877). It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.

KRAĆI POGLED NA ODNOSE NARODNE BANKE SRBIJE SA ZAKONODAVNOM I IZVRŠNOM VLAŠĆU

In the paper, the author at the beginning points to the position of the Privileged National Bank of Serbia, which was established by the Law on the National Bank in 1883. The greatest influence of the state power, embodied in the monarch and the royal government, was exercised through the institution of state supervision over the National Bank. The personnel influence of the monarch and the competent minister of the royal government on the occasion of the election of the governor and the strong discipline of the state supervision over the central bank were the characteristics of the time of the constitution from 1869. The dependence of the central bank on the state authorities, that is, on the extremely authoritarian executive, continued in the Yugoslav socialist federation. The central part of the paper analyzes the constitutional and legal position of the National Bank of Serbia, its goals and functions. Special attention is paid to the election of the governor. Namely, based on the legal solution from 2003, the election of the governor began and ended in the National Assembly. During 2012, there was a change since the governor was proposed by the President of the Republic for a longer term of six years. Finally, the author points out that the legal regulations concerning the organization of the National Bank of Serbia correspond to internationally accepted standards. However, the election of the governor (more broadly, the governing body), and especially the possibility of dismissal, indicates that there are not small deviations of independence in practice in relation to formal independence prescribed by the Constitution of the Republic of Serbia and the Law on the National Bank.

The National Supervision Commission: A “Subaltern History”

This article explores the history of state supervision organs in the People’s Republic of China (PRC) from the early attempts to establish supervision organizations in communist revolutionary base areas to the founding of the National Supervision Commission in 2018. In the PRC today, the power to supervise the activity of state organs is not autonomous but is rather part of the disciplinary powers of the Chinese Communist Party. This type of institutional arrangement does not result from any predetermined path of historical and institutional development. While institutions should ideally work as predicted or dictated by distinct political philosophies or by models of institutional design, their development can in practice be shaped by bureaucratic politics and by variables endogenous to both political philosophy and institutional modeling.

Risk-oriented approach in the implementation of regional state supervision in the field of technical condition and operation of self-propelled vehicles and other types of equipment and amusement

It is shown that the upgrading of control and supervision activities is one of the priority tasks of the administrative reform in the Russian Federation. Attributing the activities of legal entities and individual entrepreneurs engaged in activities related to the operation of self-propelled vehicles and other types of equipment and amusements to a certain category of risk both during raiding events and during scheduled inspections is discussed.

Content analysis of the official documents on the turnover of counterfeit medicines in Ukraine in 2017–2020

The purpose of the work was to conduct a content analysis of the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines and the information messages of law enforcement agencies in 2017–2020. The object of the study was the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, information messages of law enforcement agencies to identify the facts of clandestine production and counterfeiting, publications on the problems of it’s distribution. The study used the methods of content analysis, systematization and generalization. Тo prevent the circulation of counterfeit medicines in the countries of the world, various methods of countering counterfeiting are being introduced, however, only in Ukraine was the restriction of measures of state supervision (control) in the pharmaceutical sector introduced as an element of deregulation. In connection with this, it was investigated how such restrictions, which were introduced three times, has influenced the identification and distribution of counterfeit medicines. For the study, a methodology for content analysis of official documents on the circulation of counterfeit medicines in the country for 2017–2020 has been proposed. In most of the orders of the State Medicines Service, revealed signs of drug falsification were introduced, which related to the labeling of packages. The imposition of a moratorium on planned measures of state supervision had a negative impact on the work of quality control bodies of medicines to identify counterfeits. In 2010–2014 (before the introduction of the first moratorium) the State Medicines Service issued 326 orders prohibiting the circulation of counterfeit medicines, but after the introduction of the moratorium, the number of orders for 6 years decreased significantly – to 118. So, in 2020, the State Medicines Service issued only 4 orders to prohibit the circulation of counterfeit drugs (for comparisons in 2017 – 18), although law enforcement officers revealed 6 facts of clandestine production and counterfeit. According to the results of the study, it was established that it was necessary to unify and standardize the management documents of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, and also indicated the feasibility of introducing «field screening» of the often counterfeited medicines, to establish the real part of counterfeit medicines. Information messages from law enforcement agencies should not be limited only to the facts of revealing clandestine proceedings, but also should contain the results of court decisions on these facts. It is advisable to intensify interaction with regulatory authorities in other countries for a more effective exchange of information on detected of counterfeit medicines.

Long-Term Trends and Ethnoracial Inequality in U.S. Foster Care: A Research Note

This study combines and standardizes multiple sources of administrative data to calculate rates of children in foster care in the United States from 1961 to 2018, more than tripling the length of previously available time series. Results yield novel insights about historical, geographic, and ethnoracial variation in children's experience of living without parents under state supervision. National rates of children in foster care rose from 3 per 1,000 in 1963 to a peak of almost 8 per 1,000 in 1997 before declining to just under 6 per 1,000 in 2018. After stable or increasing racial inequality in the late twentieth century, disparities between Black/African American and White children began to decrease in the twenty-first century in nearly every state, closing entirely in several Southern states but remaining wide outside the South. In many Midwestern and Western states, the extreme overrepresentation of American Indian/Alaska Native children in foster care persisted or intensified.

ALGORITHM OF ACTIONS OF AUTHORIZED OFFICIALS OF THE SES DURING STATE SUPERVISION (CONTROL)

Introduction. The concept of the SES stipulates that officials exercising state supervision (control) are obliged to detect and prevent violations of fire and technogenic safety requirements established by law [14]. Іn such situations, he bears full responsibility for violation of the requirements of fire, technogenic safety established by the legislation.Purpose. To propose an algorithm of actions of authorized officials during state supervision (control) in the field of technogenic and fire safety during the practical implementation of the provisions of the Civil Protection Code of Ukraine (further- the CZU Code) and the Law of Ukraine "On Basic Principles of State Supervision (Control)" Dated April 5, 2007 (further- Memorandum № 877).Methods. Analysis of existing regulations governing the implementation of state supervision (control) in the field of tech-nogenic and fire safety and its practical implementation by authorized officials of the SESResults. Ways to improve the activities of state supervision (control) in the field of fire and technogenic safety and the powers of officials to implement it are considered. The main directions of implementation of preventive measures by state supervision bodies are given. The necessity of using a new approach to the state management of fire, technogenic safety and civil protection is highlighted. Conclusion. Order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on registration of materials on administrative offences and recognition as invalid of some orders of the Ministry of Internal Affairs of Ukraine" from 27.07.2016 № 725 should be supplemented with a clause on the interaction of article 185-14КУпАП. "Creation of obstacles in the activity of authorized officials of the central body of executive power, which implements the state policy on state supervision (control) in the field of fire and technogenic safety, related to conducting inspections".

ON THE APPLICATION OF CHECKLISTS IN THE IMPLEMENTATION OF FEDERAL STATE SUPERVISION IN THE FIELD OF ROAD SAFETY

В статье проанализировано такое направление современной реформы контроля и надзора, как введение чек- листов (проверочных листов), используемых при проведении плановых проверок контрольно-надзорными органами. При осуществлении федерального государственного надзора в области безопасности дорожного движения использование чек-листов является обязательным, в связи с чем авторами исследована правовая база их внедрения, определены основные проблемы данного процесса. The article analyzes such a direction of modern reform of control and supervision as the introduction of check lists (checklists) used in conducting scheduled inspections by control and supervisory authorities. In the implementation of federal state supervision in the field of roadsafety, the use of check lists is mandatory, in connection with which the authors investigated the legal basis for their implementation, and identified the main problems of this process.