Public-Private Partnership: Its Essence and Specificity

Author(s): Lyubov L. PASHINA,Svetlana В. PASTUSHENKO,Elena A. VOLKOVA,Anton S. Nenya,Maria V. PASHINA / Language(s): English Issue: 38/2018

The article justifies public-private partnership from the point of view of domestic and foreign theory and practice, since the state is the initiator of the vast majority of public-private partnership projects. Therefore, there is a specific partnership between the state and business, which depends on the goals, objectives, priorities of economic policy, legislative and the regulatory and legal framework, the administrative structure and functions of government bodies, the level of development of society andlegal culture. It is determined that a public-private partnership should be viewed not as a simple combination of state and business resources, but as a technology for developing economic relations that combines state business and other government corrective actions with the ability to attract private investment and private business competencies to solve social and economic problems.

The evolution and practice of international administration on states and territories

Author(s): Marko Aćić / Language(s): English Issue: 47/2019

Throughout the history of relations between states, it can be seen that various forms of supervision for weaker states or territories, whether external (by militarily and economically stronger individual states) or international (by intergovernmental organizations), have been established for periods of time in the form of protectorates, mandates, tutelage or temporary multinational administration. With the emergence and institutionalization of a new universal international organization, the League of Nations, the practice of external oversight and control of specific territories and states continued, but with a novel legal regime under its mandate system. The legal basis for the management of these territories through the authorization of the League of Nations and its successor, the United Nations, the rights and obligations of such countries as well as the most significant differences between the mandate, trusteeship and the protectorate arrangements, as the most representative example of international governance over certain countries and territories, will be analyzed in this paper. The comparative and content analysis methods will be used for this purpose, with special emphasis on the practical effects of international administration on the functioning of Bosnia and Herzegovina.

Wybory do sejmiku województwa zachodniopomorskiego

Author(s): Łukasz Tomczak / Language(s): Polish Issue: 1/2019

The article presents the research of the effects of rivalry in local government elections at the regional level. The analysis concerns the results of voting and elections to the Regional Council of the West Pomeranian Voivodeship in six subsequent elections. The study includes factors such as: attendance, changes in support for electoral committees and the distribution of seats. The main focus was put on the parties that obtained seats in the Regional Council – either independently or within coalitions. In the analysed period, the Democratic Left Alliance (SLD) obtained the highest electoral support until 2006, but in the following elections the highest support belonged to the Civic Platform (PO). The West Pomeranian Voivodship noted lower turnout than the national average attendance. Leftist parties and the Civic Platform gained above average support in West Pomerania than on the country level.

NEUSKLAĐENOST POLITIČKIH INTERESA – NAJSNAŽNIJA BARIJERA U REFORMI JAVNOG SEKTORA

Author(s): Suada Kuljaninović,Fahrudin Fehrić / Language(s): Bosnian Issue: 20/2019

The authors are elaborating the marginalisation of domestic science taught in their management expression, and conclude that Bosnian and Herzegovinian science taught is not matching with the interest of plural political public and imperfect political market yet to be developed which at significant level has a negative effect on re-defining the concept of public sector at all levels. Awareness on needs to reform the public sector is present for quite some time now in the developed part of the world, whereas in Bosnia and Herzegovina, the public sector is still closed, missmatched and represents quite outdated part of unprofit sector, which in the most profitable sense serves those who do not want its modernisation. However, regardless the condition, it is evident that one of the main challenges of the management in the public sector is the need to provide the most qualitative service to their users, service described as positive, effective and expected. Moreover, one of the basic issues in functioning of public sector is centralized way of providing public services and goods, whose main idea is to try to provide public goods, i.e. services to entire population in equal manner. This means that entire service providing is defined by the center itself, top of the public authority without previously conducted research in needs and preferences of some social groups which causes the inability to make a choice, and thus the dissatisfaction of public service users. One of the main problems of transition countries, including Bosnia and Herzegovina, is that the idea of modern management and the very notion of “managers” in the public sector, especially in our political environment, are not adequately valued, resulting in outdated or inadequate governance, public goods, dissatisfaction with users of public services, and poor image of the community at in general. These occasions should be added to the widespread corruption in the public and private sectors in Bosnia and Herzegovina, which has long been recognized as one of the greatest obstacles to the country’s progress, and which threatens to destroy any normal initiative and investment if not suppressed or at least minimized. The consequences of this situation in the country are the stratification of society, the maintenance of the concept of criminal enrichment of people, unsuccessful privatization processes, etc. These are the reasons why it is increasingly accepted by the Bosnia and Herzegovinian public that knowledge, skills and abilities are not needed to achieve success, earn wealth or earn professional status in the profession. All of these and many other circumstances have influenced the overall management practice and (in) efficiency of business, especially in the public sector. In order to establish better governance in the public sector in these circumstances, by outsourcing, in the face of competitive competition, it is inevitable that public sector jobs and activities must be entrusted to partner institutions that are not an organizational part of the public sector, but are very well prepared to provide quality and adequate service to their customers.

TRANZICIJA I REFORMA JAVNE UPRAVE

Author(s): Rade Lazić / Language(s): Bosnian Issue: 20/2019

Governance reform is among the highest political and social priorities. Theoretical and comparative analysis of governance in transitional, postcommunist countries, with which Bosnia and Herzegovina, to a greater or lesser extent, shares a number of political, historical, cultural and traditional determinants, can contribute to B&H’s efforts to find its way to democratization and development towards the EU through public administration reforms. B&H’s progress towards Euro-Atlantic integration requires thinking and defining the elements of public administration reform in countries in transition, in order to draw conclusions about the possibilities of designing and implementing political, social and economic governance reform in our country. To speak about the reform of public administration in the context of socio - political and economic transition is of particular importance primarily because of the topicality of the topic covered. In this paper, we bring a comparative political study on the political process as a precondition for public administration reform, as well as the content of reforms and the development of ideas and institutions of state administration in transition countries, with an emphasis on B&H.

Police Trainees & Stress: A Study with Special Reference to Kerala Armed Police IVth Battalion, Kerala, India

Author(s): Suraj Kushe SHEKHAR,Siby Joseph Kizhakekkara / Language(s): English Issue: 3/2013

Stress is an integral part of Police personnel. This paper focuses on stress among Police Trainees and identifies the factors causing stress along with the strategies adopted to reduce the stress. Descriptive research with judgmental sampling technique was employed to select a sample of 65 Police Trainees in Kerala Armed Police IVth battalion, Kerala, India. Findings revealed that ‘Pressure from the instructor’ (β =.786), was the prime cause of stress .It was also found that ‘Low salary’ (β = -.144), was insignificant as a cause of stress. Regardless of the source of stress, most Police Trainees used variety of sensory pursuits to manage stress. The positive sensory pursuit followed by the trainees was exercise (63%), followed by outings (37%) on weekend days and then TV/ music. Multiple regression analysis, ANOVA, t test etc were used to interpret the results

The State and Local Self-Government. Territorial Organization of the State

Author(s): Radosław Kamiński / Language(s): English Issue: 4/2019

Local self-government constitutes a part of executive power in the state, with the state’s law underlying its functioning. Local government remains under the state’s supervision, representing a form of the political system within the decentralized public administration. 2018 marks 20 years of the functioning of local self-government based on a three-tier structure. The aim of the paper is an attempt at finding the answer to the question whether or not the organizational solutions adopted by the legislator and established in practice need to undergo reforms and if so, to what extent? The question thus formulated relates directly to the argument that the organization of local government system is not sound while the criteria assumed in the territorial breakdown of the local government organization do not correspond to the conditions in which those units operate, and therefore what appears necessary is for the system to be reorganized and the number of units at individual tiers to be reduced. The paper presents selected problems of the local administration in the context of a systemic organization and suggest possible (or necessary) changes which, in the author’s view, should become a subject of discussion (and in practice are such) between local selfgovernment and government administration.

Wrocław Civic Budget. Social Innovation Adapted in Polish Local Government

Author(s): Małgorzata Madej / Language(s): English Issue: 4/2019

The paper explores Wrocław Civic Budget in the context of procedures and impact. It reviews various data to present different aspects of this process: number of projects submitted and implemented, citizens’ participation in the selection process, geographical distribution of the implemented projects and their contents, showing the significant fall in the citizens’ interest in the process after two years of its implementation. The paper aims to analyze whether the project in its current form actually succeeds in activating the citizens’ and involving them in the local decision-making on one hand, and changing the city on the other. The effectiveness of participatory budgeting in Wrocław is explored, considering such criteria as reliability, impact, activation and innovativeness. The data reveal both the successes and drawbacks of Wrocław Civic Budget, allowing for presentation of recommendations.

Participatory Budgeting in Poland AD 2019: Expectations, Changes and Reality

Author(s): Krzysztof Makowski / Language(s): English Issue: 4/2019

Discussion whether to formalize participatory budgeting or not has been solved. Again, this time it has happened without scholars’ engagement. Given this situation, can we say that whoever is satisfied? The amendment of the act that introduced legal form of participatory budgeting as a new tool of public consultation does not meet anyone expectations. The reason to think so is that there is no new and compulsory form of public engagement in financial decisions. Moreover, organizational framework and the huge variety of using participatory budgeting have been turned to uniform pattern. Equally, it is hard to agree that implemented solutions, previously though as a way to increase citizens’ involvement in functioning and scrutiny part of public bodies, have been met.

The “Golden Rule” as a New Financial Management Tool for Local Governments

Author(s): Katarzyna Błażuk,Przemysław Czernicki / Language(s): English Issue: 4/2019

The implementation of the so-called “golden rule” regarding the fiscal managementof the sub-sector of the local-self-government (LSG) constituted a reaction to thegrowth of the debt within the sector of public finances and an attempt to curb the LSGdeficit. In this manner the Legislator wanted to balance the budget regarding operating revenuesand the operating expenditures and to allow for the use of public loans, thus permittingthe generation of the debt only in regard to capital expenditures. The authors of thearticle evaluate the validity of introducing the new regulations, subjecting the “golden rule”to a positive critique and forming requirements for changes and improvements based onsolutions to this problem utilized in other countries. An empiric data is presented that showsthe consequences of overloading the LSG with the effects of the growing level of public debtin a situation when the responsibility for the majority of the debt (more than 90%) restswith the public governance at the government level. The authors also put forth the thesisthat the implementation of the more restrictive rules on the central level is also necessary tooptimize the entire system of public finances.

Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

Author(s): Janusz Bojarski,Natalia Daśko / Language(s): English Issue: 4/2019

2018 local self-government elections in Poland were special ones. Brought tolight mismatching of provisions of the Electoral Code and Act on Local Self-GovernmentEmployees and attempt to use it to obtain an advantage in fight for political power causedpolitical emotions and legal controversies. The aim of this article is presents limits imposedby criminal law on right to be elected in this type of elections and more general, role of criminallaw as a tool in politics. The article presents a problem of conflict of legal regulationsregarding the right to be elected and perform a public function in a local self-governmentunit as a problem of conflict between will of voters and attitude of politicians to creation oflaw and aim they try to obtain.

Medical NGOs Conduct on Formulating the Disclosure About Governance

Author(s): Andreea-Angela Vonțea,Alin Stancu / Language(s): English Issue: 1/2015

From an overall perspective, often the subject of governance has been approached given its provenance from the “for-profit” world. The statement according to which governance comprises both a relationship viewpoint but also one referring to an effective way of achieving organizational objectives, can be a valid one even within a non-profit framework. The current study is founded on observing the other dimension of governance, namely its facet which refers to the charitable organizations’ activity. Hence, there are analyzed the discourses rendered by the most recent annual reports published by three of the leading medical charities from United Kingdom. Emphasizing the best practices derived from such a conduct represents the purpose of this paper itself. In order to provide a thorough understanding of the referrals to charity governance put under investigation, there was used a content analysis method meant to assess in what terms the subjected formulations are similar or differ. Results indicate that although, in major lines, the three charitable entities seem to formulate their discourses as covering the same themes, there are notable differences between them. One potential implication of these findings resides in their importance relative to an NGO’s capacity of continuously improving its various means of obtaining charitable contributions.

Strategic Management in Public Hospitals in Romania

Author(s): Dragoș Ionuț Ionescu / Language(s): English Issue: 3/2015

Strategic management is undoubtedly one of the most debated concepts of general management, this being due to the success organizations around the world which have put it into practice have registered. More and more papers on the management of health facilities have come out, both internationally and nationally. However, in Romania, most of these papers skipped strategic management approach to healthcare and those that don’t, however, limit themselves to macroeconomic approach or describe the concept in general terms, without singularize it for hospitals. However, in the Romanian practice there is a progress in terms of concern for the strategic management of the health system, this being ascribed to the creation of uniform management standards for all hospitals in Romania, but also to the emergence of institutions responsible for training in health management. Accordingly, this paper aims to outline an overview of the current state of the strategic management practice in public hospitals in Romania, the information being useful to decision makers both at the microeconomic level, directly involved in hospital management, and at the macroeconomic level, charged with the overall health system management

Information Management and Good Governance in Public Service: Critical Perspective

Author(s): Peter Kappe Mamman,Ejikeme Emmanuel Isichei,Calvin Nyianshima Anza / Language(s): English Issue: 3/2016

Effective information management is a strategic fundamental tool for good governance in our modern states and organizations. To effectively achieve this, one must acquire some basic conceptual skills, human skills and technical skills. Similarly, the user of information must know and understand informational roles interpersonal roles, and decisional roles in the face of globalization to create a learning state. Through extensive review of current articles, periodicals, government documents textbooks, and the internet as secondary data, were generated to develop the conceptual framework for this paper on which the entire work is built on. Observations and personal interview were also used as primary data to re-enforce the secondary data gathered through desk research. The paper observed that time, content and form as the three fundamental broad characteristics of useful information are negatively out of place leading to low quality information for development of strategic plans in Nigeria toward good governance. In view, the paper recommends self-appraisal by all the governments and the governed for effective management of information to serve as a tool for good governance as well as purposeful leadership with a strong political will to be perused with tenacity. Finally, the paper vehemently advocates that there be a true transfer of responsibilities and resources from central government to other governments and developed networks between governments and other state actors such as the civil society, communities, nongovernmental associations and international organization.

THE EFFECTIVENESS OF THE REGIONAL OPERATIONAL PROGRAMME IMPLEMENTATION ON THE RESILIENCE OF THE ROMANIAN COUNTIES

Author(s): Constantin Marius Profiroiu,Alina Georgiana Profiroiu,Corina Cristiana Nastacă / Language(s): English Issue: 1/2019

In Romania, for 2007-2013 financial exercise, the Regional Operational Programme (ROP) had the biggest financial allocation and an absorption rate of 93.5%. In order to establish if the projects financed from ROP have generated GDP growth and have managed to lower the unemployment rate on the local level, an exploratory study using secondary data analysis has been conducted. The study aims to analyze how ROP has contributed to the resilience of the Romanian counties considering the programme’s impact on the social and economic development of the regions and its high absorption rate. The data collection process was based on official reports submitted by the national authorities. With the collected data, the evolution of the most important economic indicators at the local level during 2007- 2015 period has been calculated trying to establish a relation between the financial value of ROP projects implemented in each County and Region and the GDP growth rate and unemployment rate decrease.

Introduction. Stakeholder Engagement, Partnership and Collaboration in Public Policies

Author(s): Justyna Anders-Morawska,Marta Hereźniak / Language(s): English Issue: 2/2019

SAMORZĄD TERYTORIALNY W III RP JAKO ELEMENT ZDECENTRALIZOWANEJ ADMINISTRACJI PUBLICZNEJ

Author(s): Krzysztof Chochowski / Language(s): English,Polish Issue: 2/2019

This article presents considerations on the decentralization of public administration and localgovernment as its important manifestation. It defines the essence of decentralization of publicadministration, related concepts and the role of local government in the dualistic system of publicadministration in Poland. The purpose of these considerations was to show that local governmentis indeed a manifestation of decentralized public administration in Poland.

THE REALISATION OF THE CONSTITUTIONAL PRINCIPLES – THE RIGHT TO GOOD ADMINISTRATION AND THE RIGHT TO LEGAL REMEDY – IN HUNGARY

Author(s): Kitti Pollak,Nora Balogh-Bekesi / Language(s): English Issue: 1/2018

The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the Firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.

JUDICIAL REVIEW OF DISCRETIONARY POWERS IN THE ACTIVITY OF HISTORICAL MONUMENTS PROTECTION BODIES. THE EXPERIENCE UNDER THE CASE LAW OF POLISH ADMINISTRATIVE COURTS

Author(s): Jerzy Parchomiuk / Language(s): English Issue: 2/2018

The sovereign nature of the forms of operation of cultural heritage protection authorities, the polarization between the individual interest and the public interest, discretion margin in the activities of the authorities, all these elements create a kind of “explosive mixture”, which is the source of the legal disputes between the owners of historical monuments and historical monuments protection bodies. The key element of the guarantee of individual freedom is judicial review of public administration. Therefore, it is a matter of dispute to which extent the public administration is subject to judicial review when performing the tasks entrusted. The aim of this article is to analyze how Polish administrative courts approach the problem. What methodology of the review of discretion margin they use? How they solve the dilemma: who makes the final decision – the body or the court? Do they retain the judicial self-restraint or rather they are willing to interfere in the merits of the decision?

IZAZOVI UVOĐENJA INFORMACIONO-KOMUNIKACIONIH TEHNOLOGIJA U UPRAVNE POSTUPKE – NUŽNOST REFORME UPRAVNIH POSTUPAKA

Author(s): Selma Horić,Faris Godinjak,Emir Mehmedović / Language(s): Bosnian Issue: 21/2019

In this article, the authors examine the challenges in establishing an appropriate legal framework in Bosnia and Herzegovina that will enable the establishment of E-Government, i.e. the use of information and communication technologies in the activities of public administration. Legal regulations from e-regulations set, although adopted at different levels of government, have many similar elements, while such approach can not be expected in the area of administrative procedures. The authors analyze the challenges that Bosnia and Herzegovina is facing in terms of establishing the legal framework for information and communication technologies in administrative procedures, as well as the challenges that the society of Bosnia and Herzegovina is facing in terms of administrative procedures reforms and introduction of e-procedures in general.