scholarly journals Pacifying Police Units and private interests in Brazil

2020 ◽  
Vol 6 (2) ◽  
pp. 137-153
Author(s):  
Mayane Dore ◽  
Gabriel Bayarri ◽  
Daniel Marías
Keyword(s):  
Latin America ◽  
Public Security ◽  
Ethnographic Case Study ◽  
Public Interests ◽  
Private Companies ◽  
Private Interests ◽  
Brazilian State ◽  
Private Investments ◽  
Private And Public

This article analyzes a concrete policy in the framework of Brazilian Public Security: the Pacifying Police Units (UPPs). It describes this policy and justifies, through an ethnographic case study, how the so-called “pacification of the favelas” articulates a logic of neoliberal urbanism and police infrastructure, understanding the residents of the favelas as potential consumers of their services. The article contextualizes the UPPs model as a paradigmatic case of public security in Latin America in which the discourse of violence/pacification is the main catalyst for private investments. More specifically, the article demonstrates how private companies resort to proximity conflicts mediation as a way of avoiding the judicialization of conflicts with the residents after the “Pacification”. With this case, we expect to illustrate the patrimonialism and clientelism that shapes the Brazilian State and its ambiguous relationships between private and public interests.

The State and the Electric-Power Industry in Mexico, 1895–1965

1965 ◽  
Vol 39 (4) ◽  
pp. 527-556 ◽  
Author(s):  
Miguel S. Wionczek
Keyword(s):  
Twentieth Century ◽  
Latin America ◽  
Electric Power ◽  
Electric Power Industry ◽  
Power Industry ◽  
The State ◽  
Basic Trend ◽  
Private Interests ◽  
State Participation

Increased state participation in the economy has been a basic trend in twentieth-century Latin America. In the process, however, once-protected private interests may fall—as in this case-study from Mexico.

Part IV The Role of Arbitrators in the Development of Shipping Law, 16 The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The Continental Perspective

2016 ◽  
Author(s):  
Cachard Olivier
Keyword(s):  
Case Law ◽  
Public Interests ◽  
The Third ◽  
Private And Public ◽  
Maritime Disputes ◽  
Standard Terms ◽  
Legal Grounds

This chapter uses maritime arbitration in Paris as a case study to discuss the possibility of a genuine arbitral case law. This possibility derives from the arbitrator being uniquely placed, in view of his or her legal and methodological freedom, to conduct ‘the free objective search for a rule’. The first section underlines that an arbitrator or an arbitral panel is in the best position to carry out this free objective search for a rule. The second section investigates whether an arbitrator is just adjudicating a peculiar dispute or if, in doing so, his findings may reach further authority. It then discusses the legal grounds given to the award. The third section focuses further on the characteristics of maritime disputes and tries to sort out how a balance between private and public interests is met. It also examines how the market arbitrators consider standard terms.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

scholarly journals VICTIM'S CONSENT TO CONCLUSION OF A PLEA AGREEMENT IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 73 (4) ◽  
pp. 125-133
Author(s):  
Ivan Kubarev ◽  
◽  
Serhiy Barhan ◽  
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
Criminal Organization ◽  
The State ◽  
Practical Implementation ◽  
Criminal Proceedings ◽  
Public Interests ◽  
Private Interests ◽  
Private And Public

The purpose of the study is to determine the role of the consent of the victim in concluding a plea agreement between the prosecutor and the suspect (accused), as well as the specifics of the practical implementation of this aspect of criminal procedural compromise. The state acts as a guarantor of the private interests of every citizen, as well as protects the fundamental and publicly important interests that are designed to ensure the normal existence and development of society, seeks to reduce public resonance and negative impact of particularly serious crimes to restore the reliability and steadfastness of its institutions. This article examined the legal regulation of the institution of a plea agreement transaction in a criminal proceeding in which the victim or victims are involved. The institution of a plea agreement in the Criminal Procedure Code of Ukraine helps to save time in the investigation of crimes. The application of the transaction reduces the procedural costs of the state. At the same time, the level of efficiency in solving grave and especially grave crimes committed as part of an organized group or criminal organization is increasing. The burden on the system of judicial and law enforcement agencies is reduced, which leads to an acceleration of the pre-trial investigation of criminal offenses. An attempt has been made to highlight the techniques and methods of persuading the victim to provide the prosecutor with written consent to conclude an agreement with the suspect (accused). The described persuasion techniques help to obtain consent from the victim to conclude a plea agreement in a short time. These methods include such as: argumentation, suggestion, appeal to emotions and feelings. The persuasion process is the softest and most permissible, since it does not entail the emergence of false beliefs in the victim. At the same time, we consider the relationship between private and public interests in the implementation of the plea agreement. Each crime infringes on personal and private interests. The state must guarantee the protection of the established legal order. However, the victim should have the right to express his or her opinion freely in criminal proceedings. Therefore, the institution of a plea agreement cannot fully exist without the consent of the victim. Thus, the consent of the victim must be of an advisory nature, because to maintain the balance of private and public interests, it is important to encroach on public order and the degree of damage to public relations in general.

scholarly journals Protection of public interests by narrowing private interests: where is the limit?

2021 ◽  
Vol 10 (38) ◽  
pp. 148-157
Author(s):  
Olga Klepikova ◽  
Viktoriia Kachuriner ◽  
Volodymyr Makoda ◽  
Inha Kryvosheyina ◽  
Vadym Popeliuk
Keyword(s):  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The People ◽  
Private And Public ◽  
Restrictive Measures

The coronavirus pandemic (COVID-19) has posed many challenges to the international community. In a pandemic, governments make complex decisions every day (respond quickly to emerging difficulties), implement effective quarantine measures that affect the public and private interests of the people. Such decisions are also made by such supranational entities as the European Union. With this in mind, it is essential to analyze the interaction and balance of private and public interests in EU law in the context of the Covid-19 pandemic. The work aims to analyze the balance between private and public interests in EU law in the context of the Covid-19 pandemic. Research methods are such methods as dialectical, historical, idealization, analysis, synthesis, abstraction, system, formalization, comparison, and modeling. As a result of the study, the authors concluded that the search for a balance between public and private interests is in all areas and mostly applies to human rights and, in a pandemic, these powers are enshrined in major international treaties and national regulations, with reservations about their possible limitation under exceptional circumstances. At the same time, ensuring the balance of private and public interests is possible only if the rule of law is fulfilled in the implementation of restrictive measures, proportionality, and public necessity.

scholarly journals Private and Public Interests in Russian Law and Jurisprudence: Transformation of Approaches

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 168-177
Author(s):  
Marina NEMYTINA ◽  
Tsybik MIKHEEVA ◽  
Pavel LAPO
Keyword(s):  
Modern Society ◽  
Theoretical Models ◽  
Soviet Period ◽  
Soviet Society ◽  
General Context ◽  
Russian Society ◽  
Public Interests ◽  
Private Interests ◽  
First Case ◽  
Private And Public

The article deals with the problem of interests in law and jurisprudence, their identification as private and public interests, the search for a balance of private and public interests in society. The authors emphasize the change in the nature and essence of the private and public in Russian society in the post-Soviet period. This basis allows proposing theoretical models for the transformation of private interests into public ones and the harmonization of such interests in the general context of social, political and legal development. In the first case, we are talking about trends in the development of society, in the second – about the goal of implementing legal policy based on the coordination of interests. By means of reflexive analysis, the authors highlight the interests in law arising in the conditions of post-Soviet society and their understanding within Russian legal science. The justification of the idea of harmonisation of public and private interests in the system of relations of modern society is equally close to jurisprudence and philosophy, history, sociology, political science as fields of knowledge with many points of intersection and common vision.

scholarly journals BALANCE OF PUBLIC AND PRIVATE INTERESTS AND LEGAL CERTAINTY IN CIVIL PROCEEDINGS

2021 ◽  
pp. 27-30
Author(s):  
I.V. Rekhtina
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
National Level ◽  
Legal Certainty ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Civil Proceedings ◽  
Private And Public

The article examines how the principle of legal certainty can serve as a criterion in determiningthe balance and balance of private and public interests in the consideration of cases in court. Russianjurisprudence shows that, at the national level, there is an imbalance in the private and public interest inconsiderations, in which priority is often improperly given to public interest. The principle of legal certaintymay serve as a criterion for finding this balance, taking into account the jurisprudence of the European Courtof Human Rights.

scholarly journals Destination Strategies to Enhance Secondary and Niche Tourism Products: Literature Review and Case Study

2019 ◽  
Vol 14 (5) ◽  
pp. 52
Author(s):  
Marco Remondino
Keyword(s):  
Literature Review ◽  
Positive Impact ◽  
Competitive Advantages ◽  
Private Companies ◽  
Destination Branding ◽  
Strategic Cooperation ◽  
Local Stakeholders ◽  
Private And Public ◽  
Entrepreneurial Strategies

The topic of this article is enhancing destination competitiveness, with particular interest to entrepreneurial strategies able to valorise secondary and niche attractions. A literature review reveals that, by means of cooperation, local stakeholders could increase success of mass destinations, while promoting the discovery of niche attractions, with a positive impact on the whole territory. Also, the role of DMOs is important, facilitating cooperation among between private and public stakeholders and among private companies. Destination branding strategies could be set, to define the competitive advantages of a territory, leveraging on synergies among primary and secondary attractions. The specific case study of Liguria is proposed and analysed by means of a questionnaire, spread among potential tourists, so to investigate their perceptions about both the capacity of the territory to offer secondary tourism products and the existence and effectiveness of collaborative strategies among local stakeholders. This Italian region has a tourism concentrated during summertime (bathing season), but possesses other specific features, that could differentiate the offer and potentially attract tourists also in other periods. The questionnaire, in fact, reveals that many tourists also like to explore the inland, which should therefore be further promoted. It also emerges than about 9% of tourists didn’t take advantage of secondary tourism products, not being aware of them, while about 46% believe that secondary attractions could be interesting for tourism, but are not adequately exploited, due to the lack of both strategic cooperation among local businesses and direct promotion.

scholarly journals Development of the constitutional provisions about balance public and private interests when land use in the acts of the land legislation

2016 ◽  
Vol 3 (3) ◽  
pp. 97-102
Author(s):  
S A Lipski
Keyword(s):  
Land Use ◽  
Land Law ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Federal Land ◽  
Private And Public ◽  
Further Development

The article discusses the main acts of the federal land legislation, in which has been further developed constitutional provi- sions about balance public and private interests in land use. The author states that over the last decade, acts that ensure the reasonable land use has not received adequate development, and many of the rules (and some laws) adopted at the turn of XX-XXI centuries, has lost its force. As a result, the ratio of private and public interests in the modern land law became slightly other. Relevant constitutional provisions have the potential for their further development.

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