scholarly journals Lex deweloper – analiza porównawcza projektu pierwotnego specustawy mieszkaniowej z ostatecznie uchwaloną ustawą

2020 ◽  
pp. 49-67
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Comparative Analysis ◽  
Public Investment ◽  
Final Decision ◽  
Location Decision ◽  
Residential Investment ◽  
Starting Point ◽  
Legal Nature ◽  
Private Investors ◽  
Public Consultations ◽  
Original Concept

The study is a comparative analysis of the original draft Act on facilitating the preparation and implementation of housing and associated investments, i.e. from March 2018 with the text finally adopted on 5 July 2018. Making such comparative analysis is justified by significant changes that occurred in the original concept of the act intended to encourage private investors to significantly accelerate the fulfilment of housing needs in Poland. Being similar to special public investment acts, the act initially established the voivode as the authority competent to take the final decision in the first instance. In addition, this decision was to take the form of an integrated decision, in which not only permission for the location of a residential investment would be issued, but also, in a simplified mode, consent for cutting down trees in cities would be obtained. These and other solutions were criticized during public consultations, and these opinions were taken into account. This elaboration will present the thesis that the original shape of the Act on facilitating the preparation and implementation of housing and associated investments would unjustifiably affect the planning authority of the commune, whose position would be marginalized. In addition, there is also a discussion of the legal nature of the location decision, which in the adopted act took the form of a commune council resolution. This part of the study will first analyze the legal nature of municipal council resolutions in general, including whether they will always take the form of general and abstract acts. This will be the starting point for assessing whether this resolution will constitute a general act of applying the law, i.e. a general administrative act. 

scholarly journals Nafia for the Tigris: The Privy Purse and the infrastructure of development in late Ottoman Iraq, 1882–1914

2021 ◽  
pp. 007327532199926
Author(s):  
Camille Lyans Cole
Keyword(s):  
Development Planning ◽  
Private Companies ◽  
Starting Point ◽  
Private Investors ◽  
Late Ottoman

Between 1893 and 1908, at least six private consortia and the municipality of Baghdad were denied permission to operate steamships on the Tigris and Euphrates on the grounds that a navigation concession had already been granted to the Privy Purse ( hazine-i hassa). The Privy Purse justified its insistence on monopoly with reference to the emerging ideology of development ( nafia), though its ideas about the role of steam technology in nafia stood in contrast to those of private investors and other Ottoman bureaucrats. Working from the hazine-i hassa’s planning memos and contracts, I show that the private treasury envisioned a primarily agrarian future for Iraq, with steamships serving agricultural aims. As such, it focused on envisioning future steamships rather than managing its existing fleet, while still acquiring dominance over land and transport in the region. However, private companies and officials contested this vision, emphasizing the materiality of existing steamships, their roles in trade, and the potential for commercial competition as a means of resisting British imperial encroachment. After the Committee of Union and Progress came to power in 1908, the Privy Purse was disestablished and its properties reverted to the Finance Ministry, opening a brief window during which steamship companies were encouraged to proliferate. Quickly, however, new comprehensive schemes were proposed, though with railways replacing steamships as the corollary to Iraq’s imagined riches. Engaging questions about the futurity of both infrastructure and capital, as well as those posed by the technology-in-use paradigm, this article suggests that the hazine-i hassa is a rich starting point for analysis because the scalar and ontological tensions it embodied highlight how different kinds of futures interact in development planning to affect the present.

scholarly journals Interpretation of Communism and Post-Communist Transformations in Russia: Modern Theoretical Discussions

2021 ◽  
Vol 23 (4) ◽  
pp. 525-544
Author(s):  
Vladimir A. Gutorov ◽  
Alexander A. Shirinyants
Keyword(s):  
Comparative Analysis ◽  
Political Theory ◽  
World Order ◽  
Modern State ◽  
Synthetic Model ◽  
Starting Point ◽  
Soviet Russia ◽  
Global World ◽  
Near Future

The analysis of discussions on various aspects of the evolution of the modern state, the specifics of post-communist transformations and the role that Marxism and the tradition of radical socialist thought can play in the near future in their search for a way out of the crisis generated by the agony of the neoliberal global world order. As a starting point for the analysis, theoretical articles published in the second edition of the collection Communism, Anticommunism, Russophobia in post-Soviet Russia. 2nd ed., Add. / Auth.: P.P. Apryshko et al. - Moscow: World of Philosophy, Algorithm, 2021 (607 p.) were selected. A comparative analysis of the polemical works of domestic scientists, political theorists and philosophers with those discussions that for many decades have been conducted by their colleagues abroad clearly indicates that today none of the existing ideologies, as well as the paradigms of economic and socio-political theory, can pretend to be the only recourse. The experience of recent decades clearly excludes the very possibility of transforming the economy and society on the basis of a certain universal synthetic model. In post-communist Russia, the heat of political passions, which stimulates the extreme polarization of political programs for overcoming the crisis, also hinders the achievement of agreement and the search for a solution acceptable to all.

scholarly journals The European Union and the Law of Treaties: A Fruitful Relationship

2019 ◽  
Vol 30 (3) ◽  
pp. 721-751
Author(s):  
Paz Andrés Sáenz De Santa María
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Provisional Application ◽  
Frequent Use ◽  
Starting Point ◽  
Legal Nature ◽  
Treaty Law ◽  
Treaty Interpretation

Abstract This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.

Legal Regulation of Interest Rates under the Loan Agreement, with the Participation of the Borrower – the Entity, under the Civil Law of Ukraine and Germany: A Comparative Characteristic

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Interest Rates ◽  
Civil Law ◽  
Developed Countries ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
The European Union ◽  
Legal Nature ◽  
Credit Agreement

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.

Symbiosis Process in Business Ecosystem

2014 ◽  
Vol 1036 ◽  
pp. 1066-1071 ◽  
Author(s):  
Elena Galateanu Avram ◽  
Silvia Avasilcai
Keyword(s):  
Comparative Analysis ◽  
Point Of View ◽  
Entire Group ◽  
Organizational Boundaries ◽  
Economic Agents ◽  
Starting Point ◽  
Business Ecosystems ◽  
The Common ◽  
Specific Species ◽  
Common Vision

The business ecosystems domain emerged as result to the necessity of assessment of new economic procedures and mechanisms between the economic agents. Defined as a community of interrelated agents, a business ecosystems approach can emphasize the most important features of modern economy. The main purpose of this paper is to provide a comparative analysis of business ecosystems with biological ones in order to identify the most important internal features which can describe the symbiosis process. In biological field, the symbiosis is defined as an association of individuals from different type of species. In the business field, this form of association is defined in terms of co-evolution and cooperation. From this point of view it is important to analyze main species who are involved into this type of relations. The starting point of this research is to define reference dimension whose knowledge is important in order to understand involved entities. At this step the concept of innovation will be considered as knowledge reference. The research method will be conducted based on the identification of different categories of elements, individuals and their integration into specific species. This integration will be realized by grouping individuals according to analyzed common features. The foreseen result is to highlight how the individuals knowledge about innovation contributes to the common vision of the entire group. The next step of the research framework will provide a comparative analysis between the established groups of individuals. The main outcome of this research is to provide a new model of reintegration of individuals from different domains of activity not limited by organizational boundaries. As result, this paper will provide a framework for understanding the symbiosis from two points of views: the fusion process between the agents and the knowledge transfer as its result.

Is Our Group An Agent? Do We Want It To Be?

2015 ◽  
Vol 12 (4) ◽  
pp. 539-551
Author(s):  
Mark N. Jensen
Keyword(s):  
Civil Society ◽  
Real World ◽  
Civil Society Organizations ◽  
Group Agency ◽  
Excellent Starting Point ◽  
Starting Point ◽  
Legal Nature ◽  
Political Associations ◽  
Group Agents ◽  
Ideal Group

Christian List and Philip Pettit’s new book, Group Agency: The Possibility, Design, and Status of Corporate Agents, is an interesting, timely, and extremely clever synthesis of the deliverances of their recent technical work on the philosophical, moral and legal nature of group agents. Their meticulously developed ideal group agent provides an excellent starting point for analytic reflection on group agency, identity, epistemology, and responsibility. Insofar as it is their intent for their account to have real world consequences, their model provides a template for political associations, businesses, and civil society organizations. This review essay explains List and Pettit’s model and then points out two unattractive features. First, a bird’s eye view of the conditions required to achieve ideal group agency reveals limitations that may make it impossible to realize. Second, some of these groups, especially businesses and civil society organizations, will find the model unattractive, limiting its real world applicability.

scholarly journals Clasificación Automática del Avance de Megaproyectos de Inversión Pública en Colombia, desde un Enfoque Técnico, Organizacional y Ambiental

Ingeniería ◽  
2017 ◽  
Vol 22 (3) ◽  
pp. 377
Author(s):  
Hugo Gutierrez ◽  
Miguel Melgarejo
Keyword(s):  
Large Scale ◽  
Public Investment ◽  
A Priori ◽  
Economic Sectors ◽  
National Planning ◽  
Planning Agency ◽  
Starting Point ◽  
Health And Social Care ◽  
Model Training ◽  
Automatic Tool

Context:   the TOE (Technical, Organizational, and Environmental) framework for the analysis of large scale projects is considered as the basis for the development of megaproject progress classification in accordance with the needs of the national planning agency in Colombia.Method: Classification of a megaproject progress is supported in the selection of several features taken from the TOE. These feature set is used to configure a database from the projects registered in the project-surveillance platform of the national planning agency in Colombia. The database is used to train two classification models. Information about 3200 projects from 2008 to 2012 was used, covering four economic sectors (Environment and sustainable development, Energy and mining, Health and social care and transportation). Debugging of the database was carried out by an analytic and quantitative approach. Model training and validation were computed with 70% and 30% of data respectively.  Results: obtained models have similar performances beyond 70% in precision and agree in relevant input features.Conclusions: this work is a starting point to develop an automatic tool that can be used by the national planning agency of Colombia in the a-priori evaluation of delays in public investment Megaprojects. 

scholarly journals The denotation and the connotation as a logic method in legal technique

2021 ◽  
Vol 2021 (4) ◽  
pp. 10-17
Author(s):  
Vitaliy Balahonskiy ◽  
Sergey Markov
Keyword(s):  
Comparative Analysis ◽  
Critical Analysis ◽  
Analytical Study ◽  
Scientific Literature ◽  
Comparative Cognition ◽  
The State ◽  
Federal Law ◽  
Official Position ◽  
Legal Nature ◽  
Narrow Definition

The article discusses the specifics of legal techniques in the formulation of legal definition. A comparative analysis of approaches to understanding the definition procedure in jurisprudence, philosophy, logic, mathematics and philology is carried out. The relevance of the topic under study lies in the absence in modern legal tech-nology of generally accepted approaches to understanding the methodological speci-ficity of the implementation of the definition procedure. The purpose of this article is to determine the methodological foundations of differentiation of axiomatic and con-textual definitions, the implementation of the critical analysis of the classifications of types of definitions in the modern scientific literature. The basis of the concept of definition proposed by the authors is the analytical study of the logicallinguistic operation of determination on the example of the defi-nition of «corruption» from the Federal Law of December 25, 2008 No. 273-FZ. There is a lack of legal recognition of corruption as a bribe, and criticism of the narrow definition. Corruption is defined as a criminal act of a social and legal nature, which is constrained by the nature of official crimes in conflict with the interests of society and the State, the essence of which is an obvious mercenary motive in personal en-richment (material and non-material) through the use of his official position (authori-ty) for mercenary purposes. The study is based on the methodological tools of systemic, structural-functional and comparative cognition methods.

scholarly journals Analysing Indonesia’s infrastructure deficits from a developmentalist perspective

2021 ◽  
pp. 102452942110433
Author(s):  
Kyunghoon Kim
Keyword(s):  
Development Strategy ◽  
Market Failure ◽  
Good Governance ◽  
Public Investment ◽  
Institutional Reform ◽  
Investment Efficiency ◽  
Infrastructure Development ◽  
The Government ◽  
Private Investors ◽  
Bureaucratic Reform

This paper analyses the performance and appropriateness of the Indonesian government’s ‘good governance’ institutional reform aimed at stimulating infrastructure construction. During the 15 years after the 1997 Asian financial crisis, the government attempted to strengthen formal institutions with the goal of improving public investment efficiency and attracting private investors. By analysing policies in the construction industry in terms of company registration, procurement and state enterprises, the paper finds that the outcome was far from what was expected by technocratic-bureaucratic reform promoters as interest groups frequently succeeded in capturing the new institutional system. This paper then challenges the dominant narrative that overwhelmingly blames incomplete institutional reform for Indonesia’s slow infrastructure construction. Given the inherent market failure and political challenges in institutional reform, the paper argues that passive developmentalist policies, which resulted in conflictual state–business relations and insufficient public investment, were a prime cause that then set the stage for the emergence of state-led infrastructure development strategy from the mid-2010s.

scholarly journals GOALS AND OBJECTIVES OF EDUCATION FOR SUSTAINABLE DEVELOPMENT AS MODERN CURRICULUM INNOVATION IN SERBIA, MONTENEGRO AND CROATIA

2021 ◽  
pp. 055
Author(s):  
Tamara Vukić ◽  
Marija Jovanović ◽  
Dragan Todorović
Keyword(s):  
Sustainable Development ◽  
Comparative Analysis ◽  
Modern Society ◽  
Education For Sustainable Development ◽  
Learning Goals ◽  
Future Perspective ◽  
Curriculum Innovation ◽  
Starting Point ◽  
Elective Course ◽  
Goals And Objectives

Education for sustainable development, as an imperative of this day and age, has become an integral part of the curriculum in many education systems. The focus of this paper is education for sustainable development in Montenegro, Croatia and Serbia, with a particular emphasis on the goals and objectives of education for sustainable development. After presenting the specifics of sustainable development at the primary and secondary level of education in these countries, a comparative analysis of learning goals and objectives was conducted between the curriculum of the elective course Education for Sustainable Development in Serbia, interdisciplinary area Education for Sustainable Development in Montenegro and interdisciplinary topic Sustainable Development in Croatia. This comparative analysis established that the goals of education for sustainable development in all three cases are aimed at developing an active and responsible attitude of students towards other people, the environment, taking into account the future perspective, and that the goals and objectives of education for sustainable development in Montenegro and Croatia are more extensive and meaningful compared to the goals and objectives of the elective course Education for Sustainable Development in Serbia. Even though the goals and objectives of the new elective course, interdisciplinary topics and interdisciplinary areas specifically focused on sustainable development represent curriculum innovation in Serbia, Montenegro and Croatia, defining them is only a starting point for activities aimed at educating students to live and work in a modern society that is required to become sustainable.

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