Transitions Online_Around the Bloc-25 May
Our news roundup: protests break out in Belarus; Russian airspace violations; NGOs in Kyrgyzstan targeted; remote voting in Russia; and a cross-ethnic, Balkan friendship.
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Our news roundup: protests break out in Belarus; Russian airspace violations; NGOs in Kyrgyzstan targeted; remote voting in Russia; and a cross-ethnic, Balkan friendship.
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A modern administration is an administration that is open and transparent. Administration that has quality and timely communication with users of administrative services. It is an administration in which educated and competent civil servants work and are subject to a permanent grading and education system. The paper examines the classic model of public administration, the so-called Weberian public administration, the new public management, and the advantages and disadvantages of these systems. Four basic elements are crucial for the functioning of modern administration, namely: quality staff, retaining it in the service, further training, and especially the professionalization and depoliticisation of leadership positions. The rule of law cannot function without a good administration. Which system best suits a country depends on its specifics. It will rarely be a single system, but rather a combination of several systems. Advantages and disadvantages of individual systems will be briefly presented in the paper.
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The article is an attempt to answer the question about the character of contemporary war by outlining a counterpoint between the strategic thought of the two most valued classics of military thought - Sun Tzu and Carl von Clausewitz. The author analyses interpretations of contemporary armed conflicts, which preach the obsolescence of Clausewitz's strategic thought and the transition to a postmodern paradigm based on Sun Tzu theses. The article argues with this approach, defending the legitimacy of the elements of political and military strategy used in past conflicts based on the Clausewitzian paradigm, as well as the universality of the Prussian general's theses on the philosophical nature of war.
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Just before we went into print, the international media outlets popularized the plan for an innovative monetary policy that was already in the making for about a year – the government of China and the central bank launched an emission of a digital currency.
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Due to historical conditions, Poland had to be engaged in military actions as well as wars in order to build its statehood. At the same time the governments had to use states of emergency in order to secure the safety of its citizens. The following article presents laws and regulations concerning emergency states, martial law and state of war included in the Constitution as well as other legal acts from the years 1921 – 1989. The article also shows institutions and entities authorized to introduce emergency states and explains the background and legal basis of introducing them. The summary presents legal acts which allowed the introduction of the martial law in 1981, selected documents from The Institute of National Remembrance concerning the martial law decree and the verdict of Constitutional Tribunal declaring the mode of the imposition of the martial law as inconsistent with the Constitution of the Polish Republic.
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The term “critical infrastructure” describes those physical facilities, supply chains, information technologies and communication networks that, if destroyed, degraded or rendered unavailable for an extended period, would significantly impact the social or economic well-being of the nation or affect ability to conduct national defence and ensure national security. In the article the author presents terrorist threats to the objects of critical infrastructure, which include assassinations, kidnappings, hijackings, bomb scares and bombings, cyber attacks (computer-based), and the use of chemical, biological, nuclear and radiological weapons. High-risk targets for acts of terrorism include military and civilian government facilities, international airports, large cities, and high-profile landmarks. Terrorists might also target large public gatherings, water and food supplies, utilities and corporate centers. Furthermore, terrorists are capable of spreading fear by sending explosives or chemical and biological agents through the mail. The paper describes examples of the terrorist attacks on the elements of critical infrastructure in the history of modern international terrorism. In the end of the article the author presents methods of protecting the critical infrastructure against threats, especially against terrorists attacks.
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Global changes associated with world crisis processes, numerous political events in recent years, a change in the technological order and the technological revolution have had a powerful impact on all spheres of life of society and people, from economy to politics, from management to education. All this forces, adapting to new conditions, to change the rules of interaction, laws, which causes the reaction of people associated with adaptation to this constantly changing environment, to think about how fair the existing order of things is. The article is devoted to the study of the phenomenon of justice in the university environment in a broad context: students' understanding of the concept of "justice", the experience of facing injustice in life and in the educational environment, behavioral models and reactions, opinions about the fairness of the structure of society and fair assessment in the learning process. Based on a survey conducted using the author's questionnaire, in which students from the largest university in Russia took part, how “belief in justice” and “sensitivity to justice” affect students' reactions, to various situations of injustice and form behavioral models. The proposals of students regarding a more equitable organization of the educational process are analyzed. The results obtained are in many respects consistent with studies carried out by other authors in recent years on various samples of Russians.
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The present paper aims to present the concept of justice focusing on the theory of John Rawls to cover health and social determinants of health in Greece. The administrative Justice is also analyzed with an emphasis on employees’ perceptions of Organizational Justice, employee performance and organizational justice and finally in the relationship between organizational justice and citizen satisfaction.
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TQM models are disseminated worldwide, regardless of the specifics of the institutional and cultural environment. A quality management system based on the contribution and permanent evaluation of HRM to the enhancement of organizational performance and the provision of quality services is considered to be essential. The continuous assessment of HRM through the employees' perceptions enhances their performance, which leads to the improvement of the services provided to schools and local society. The provision of high-quality and effective administrative support to schools can contribute to their smooth operation. The study focuses on the application of HR practices, based on TQM, in the specific institutional environment of local education institutions, in modern Greece.
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One of the challenges faced by Bulgaria’s 46th National Assembly is to use the process of army rearmament, which is critically important for Bulgaria’s defense, as an investment opportunity for achieving reindustrialization and economic growth. Based on information from publicly available sources, the article offers a proposal for development of government policy and establishment of sustainable mechanism for planning and program management in its practical implementation.
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Tobacco smoking is a major cause of poor health, increased work absenteeism, and galloping healthcare costs. Smokers are more susceptible to the development of heart disease, stroke, chronic obstructive pulmonary disease and lung cancer. The increasingly popular new alternatives to cigarettes, hereafter called non-combustible nicotine alternatives (NCNA) have proven to have the potential to be a safer option than traditional tobacco products (TTP). This study measures the effects of a potential change in consumption habits which consists of switching (replacing) of TTP for smoking with NCNA in Bulgaria, in case of absence of full cessation from tobacco and nicotine usage as a whole. There are several indicators used in the study. First one is DALY (disability-adjusted life year). In our most conservative scenario DALY decreases in range between 1,300 years and 68,000 years compared to the base scenario of 194,500 DALY lost. In the most optimistic scenario with high market penetration of NNA the effects are considerably larger and the decrease in DALY is between 3,200 and 162,000 compared to the base scenario of 334,000 DALY lost. Since DALYs can be given economic value, we can calculate that in the most optimistic scenario BGN 2,8 bn could have been saved in 2019 alone. In the study we have also calculated different scenarios for savings in public healthcare expenditures for hospitalizations and medicines, by demonstrating the scale of public financial resources, that could be saved. To complement the pictures, two more indicators were used to account for loss of ability to work. First one is direct loss of ability to work due mortality related to four diseases linked to smoking. Second one is indirect loss of ability to work because of hospitalization or home treatment for which sick leave certificate is issued, related to the same four diseases.
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The article covers the debate on personal and corporate income taxes in the last two years. One important characteristic of the discussion is that since 2018 IMF has become a key advocate of progressive taxation and that large international companies, typically expected to oppose tax increases, now publicly approve such reforms. In 2021, the G-7 finance ministers also joint the choir of progressive and increased corporate taxation. The article makes an attempt to expose the economic and political rational of the IMF and OECD proposal (in the first part). The second part summarizes the historic background of the income tax debate, while the third comments on the most popular idea of a tax reform in Bulgaria – the introduction of a non-taxable threshold of income. The forth part deals with the recent G-7 contribution to the debate derives conclusions.
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At the time of the official Coronavirus, 2020-2021 Pandemic emergency measures and general restrictions on the freedom of movement and the other fundamental human and constitutional rights and freedoms were and still are in place. The question of what kind of world will we enter after the official end of the Pandemic was quickly raised. The problem of fear intensified. This is not only a social problem but also a legal one: people have a fundamental human right to protection against fear. The absolute short-term priorities of public administration in all EU and Council of Europe Member States will have to be focused on ensuring that fear and anxiety do not become a new epidemic. Concern for the efficiency and quality of the public health system should be strengthened and improved. Including mental health care and suicide prevention, care for the well-being of the elderly and terminally ill, people with disabilities (in general and disabled workers), care for children, especially children with special needs, and care for large, diversified, and quality palliative care. Also, a need exists for a changed and improved legal policy regarding the system of education, scientific research, and employment. Last but not least, care must be taken not to take fundamental human rights and freedoms for granted. The health crisis will result in a new economic crisis. It should not be accepted as the end of the Welfare (Social) State. It is a new opportunity to defend social and economic human rights and to create the common European Welfare State. Right now, new ideas are needed –even crazy ideas. We need a kind of utopia. And faith and hope in it, which will be the driving force of active action. The experience of the Pandemic must not prevent or take this away from us.
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The state of law represents a desideratum of the modern society, to which one relates whenever they claim rights and freedoms or respect the obligations that come with these rights and freedoms. The state of law knows various developments in different legal systems, as each society comes with its own particularities, but the fundamental principles are the same everywhere. When the state, through its representatives, shows signs of deviating from these principles, civil society manifests as a mechanism to ensure a healthy legal state, a mechanism whose strength can determine the very development of the state of law.
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This paper evaluates Polish administrative legislation aimed at counteracting infections and a more effective fight against COVID-19, the infectious disease caused by SARS-CoV-2. This legislation is also a response to the inevitable negative social and economic effects. It takes the form of draft laws prepared by the Council of Ministers or normative acts issued by the government administration. These acts are referred to as “Covid legislation”. The broad understanding of administrative legislation presented in the article covers the procedures for drafting laws submitted to the Sejm by the Council of Ministers, regulated by the provisions of the Act of 8 August 1996 on the Council of Ministers and by Resolution No. 190 of the Council of Ministers of 29 October 2013 – Rules of Procedure of the Council of Ministers. In this context, the author analyses the procedure for the preparation of the draft law of 2 March 2020 on special solutions related to the prevention of, counteracting and combating COVID-19, other infectious diseases and the crises caused by them. The “Covid legislation” created by the government administration – both in the form of regulations and draft laws – focused many dysfunctions, which include the hasty and chaotic creation of government documents, frequent changes to regulations resulting from their underdevelopment, violation of the principles of correct legislation, including disregard to the element of social participation in the law-making process, or creation of the “law of the spectacle”. The phenomenon is exacerbated by the quick adoption of laws by the parliament, often devoid of much reflection. The urgency of creating legal regulations in the aftermath of the COVID-19 epidemic and their incidence is only a partial justification for the dysfunctions identified. The changes in the legislative procedure proposed by the author, involving the establishment of a fast-track government legislative path, which, however, does not rule out a broader evaluation of draft laws, may constitute a small, though important element in the necessary improvement of law-making standards.
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The paper addresses some issues related to the status of agricultural activity in the light of the ‘Business Constitution.’ It discusses the conditions that an individual needs to meet in order to become an entrepreneur in the context of the Entrepreneurs’ Law, and the scope, categories and nature of exemptions to the application of economic activity regulations. The concepts of agricultural activity provide a background for these considerations. Also, this paper makes an attempt to answer the question of whether, in the light of legal acts included in the ‘Business Constitution,’ an agricultural activity can be considered an economic activity and a farmer, who is a natural person, can be considered an entrepreneur. The above classification is related to the problem of applying the ‘Business Constitution’ to agricultural activities. The author concludes that the new legal regulation comprehensively governs matters related to the establishment and pursuit of an economic activity, and, through the legal instruments it implements, helps entrepreneurs to support the development of economic activity. The definition of entrepreneur provided for in the Entrepreneurs’ Law is of a more general and universal dimension. The author finds that in some cases, the legislator extended the definition of agricultural production activity with the sale of partially processed plant and animal products made by the farmer. The paper also addressed the classification of agricultural producers by production size and by the exemptions applicable to certain operators.
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The cooperative movement has played a significant role in increasing the competitiveness of the economy and has promoted the European values of solidarity, self-government and democracy. In recent years, the cooperative idea has been linked with the local energy sector – in Europe and in Poland. The decentralization of energy production to local communities – thanks to the incredible development of new technologies in renewable energy – is now becoming a standard in Western Europe. These trends have also been visible in Poland for some time. Unfortunately, in Polish conditions the institution of cooperatives, including energy cooperatives, is negatively associated with the communist era. The main research question, around which the considerations in this article revolve, is as follows – why, despite the existence of a legal basis in Poland from 2016, energy cooperatives have not been created. The article will analyse the legal regulations relating to the functioning of the energy cooperative, taking into account its current status in the energy law.
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EU planning for the years 2014–2020 introduced a new instrument for financing territorial cohesion policy – namely Integrated Territorial Investments (ITI). There is a notable lack of analyses concerning the evaluation of Poland’s use of this innovative instrument for the uptake of EU funds. The aim of the article is to evaluate the implementation of ITI in Poland in the context of the system of obtaining and spending EU funds for the territorial cohesion policy in the years 2014−2020. The analyses were carried out in a normative economic perspective using secondary data on EU funds within the framework of regional operational programs. The research shows that the implementation of ITI in Poland has had the intended effect of meeting the conditions for obtaining EU funds for integrated territorial investments. However, this opportunity was not fully exploited due to the lack of tradition of cooperation between local government units other than in urban functional areas. Furthermore, the implementation of ITI in Poland indicates the danger of evaluating the effects of ITI in the context of contracting or certification of EU funds, which is not in line with the European Commission’s guidelines for this instrument. Thus, the 2014–2020 period was not fully used by Polish beneficiaries to prepare for the new rules for receiving EU funds under the regional cohesion policy.
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