Journal of Advanced Research in Law and Economics
Journal of Advanced Research in Law and Economics provides readers with high quality and empirical research in Law and Economics. The Journal publishes analytical studies on the impact of legal interventions into economic processes by legislators, courts and regulatory agencies. Finally, important developments and topics in law and economics analysis will be documented and examined in special issues dedicated to that subject. The journal is edited for readability, lawyers and economists, scholars and specialized practitioners count among its readers. Abstracting and Indexing: Journal of Advanced Research in Law and Economics is currently indexed in the following scientific databases, catalogs, bibliographies, scientific search engines: CEEOL, ProQuest Central ABI/INFORM (ProQuest), Law Journal Library (HeinOnline), Legal Source (EBSCO), Legal Collection (EBSCO), CABELL'S Directories, IUCAT Indiana University, WorldCat, REPEC and Google Scholar.
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Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)
The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.
World Trade Organization and the Renewable Energy Sources Cases: How to Achieve the SDG7?
This article discusses in detail disputes resolved by the WTO Dispute Settlement Body (hereinafter referred to as the WTO DSB) in the field of state subsidies to support the use of renewable energy sources (hereinafter referred to as the RES). Since 2010, eight cases have been filed with the WTO DSB in relation to RES subsidy programs. The author analyzes the case and shows the impact of increasing the number of such trade disputes on further development of renewable energy in the whole world, and in separate states. The author pays special attention to the achievement of Sustainable Development Goal 7, which were approved by the UN for 2016-2030, in the context of the spread of RES in the context of the conditions of WTO DSB case practice.
The Mechanism of International Legal Support of Effective Management of Indigenous Peoples in the Northern Territories
The article examines the key directions to improve the effectiveness of legal means to protect the interests of the North’s indigenous minorities in the context of globalization. Attention is paid to the improvement of legal instruments for regulating public relations related to small indigenous minorities of the North. Special attention is focused on the correlation between international legal bases, national legislation and regional acts. Close attention is paid to the role and place of small indigenous minorities in Russian Federation state policy. The state and legal transformations taking place in the context of globalization are modelling a new level of social relations and give rise to special interest in improving their traditional way of life. The scientific rationale for new conceptual approaches is predetermined by the specificities of indigenous peoples’ social development. In this regard, the main areas of national policy applicable to the country’s indigenous population as a whole and to individual regions where they live in the twenty-first century require modernization. Preservation and development of ethnic groups requires the solution of modern problems through public authorities and self-government. The article analyzes the priority directions of state and legal policy, goals and objectives that meet the interests to protect the rights of small indigenous peoples. At present, it is necessary that the focus of legal policy should be directed at proclaiming and ensuring the rights of indigenous peoples, preserving their unique way of life, promoting life support in the changed conditions of the cultural and natural environment and protecting them from the negative influence of post-industrial society.
Performance Audit of the Use of Budget Funds Aimed at the Development of the Agricultural Sector of Kazakhstan
The issues of performance audit of the use of budget funds aimed at the development of the agricultural sector of Kazakhstan are investigated. The relevance of the problem under consideration is due to the significant influence exerted by such a performance audit of the use of budget funds on all processes that subsequently occur in the agricultural and agro-industrial sector of Kazakhstan. Proper execution of the audit helps to increase responsibility, transparency, as well as accountability for the activities of government bodies responsible for its implementation. A comparative analysis of the development of the audit of the distribution of budget allocations in other countries is given. The formulations of the performance audit of the use of budget allocations adopted in various state systems are sequentially considered. The article provides a detailed analysis of the performance audit of the state programs implementation in the field of agriculture. The current state programs are assessed in relation to targeted budget allocations and established financial irregularities, and it is clearly demonstrated that the performance audit occupies an appropriate place in the system of state and local financial control in Kazakhstan. Prospects for research in this direction are determined by the possibility of developing clear criteria for assessing the effectiveness of the use of budget funds that are directed to the development of the agricultural industry and other economic sectors of Kazakhstan. Fundamental criteria are being developed to compare the effectiveness of targeted budget allocations in Kazakhstan, in comparison with other states. The applied value of the research in this direction is determined by: identification of the mandatory criteria for evaluating the performance audit in this direction, determination of the influence degree of the targeted use of budget funds for the further fully-fledged development of the agro-industrial complex of Kazakhstan and other regions as a whole. It is also important to identify the main shortcomings of the agrarian policy of Kazakhstan in comparison with other states and to identify the main opportunities to overcome this problem through the competent spending of budget funds.
Integration of Company Development Management Practices Based on Project Management
Project management as a management system at the enterprise allows to provide strategic development within the framework of approved documents that determine the possibility of increasing entrepreneurial activity at an enterprise. This provision is based on the development of an operational management system, a balanced scorecard, and a vision of industry prospects. In this regard, it becomes relevant to search for possible ways to develop a company and build a system of relationships with contractors. The novelty of the study is determined by the provision that the development of a company should be focused on building long-term relationships with contractors. The authors show that relations should be built on the basis of the project form of cooperation. The article reveals a model for building project management within an organization that seeks to create an innovative environment. The parametric characteristics of the model, its expression in the operating activities of the company and the possibilities of its scaling are presented. The practical significance of the study is determined by the necessity to introduce indicators into the management process that can not only model development over a long period, but also those that can mitigate the negative consequences of crisis phenomena. The use of the model for the formation of an equilibrium forecasting system at the enterprise is proposed.
The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.
Implementation of Good Faith Principle as an Efforts to Prevent the Business Disputes
This study seeks to analyze the principle of good faith as a preventive measure in business disputes by comparing international perspectives on good faith and regulations in Indonesia. This study was conducted with normative means that in analyzing data used by observing the applicable regulations, logical means in analyzing the data always uses logic and should not conflict between one data with another data. Systematic means, in analyzing analyzed data must remain in the applicable legal system. The study results show that the implementation of the principle of good faith in a credit contract can prevent business disputes, if the terms and achievements/obligations that arise in the contract are formulated in a balanced way between the interests of the bank and the consumer so that the wishes agreed upon in the contract are truly realized and desired by the debtor and the right of the lender to collect the credit repayment can be fulfilled in accordance with goodwill.
Relevant Issues of Property Rights Protection in Ukraine
The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property.
Legal Science Methodology through the Lens of Legal Thinking Innovations
The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.
Reform of the Territorial Organization of Power in Ukraine as a Mechanism of Anti-Crisis Management
The article is focused on finding ways to improve the efficiency of territorial management by analyzing the potential for implementing a system of decentralized management. Decentralization reform, founded in Ukraine in 2014, is recognized as one of the best practices in Europe. More than 80% of the territory of the country has passed to the administration through the system of united territorial communities, that is, directly to the management of representatives of the community. The legislative basis and the main trends and patterns in the development of united territorial communities in Ukraine are analyzed in the article. It has been determined that most communities have the status of village or rural. The area of society does not have a proportional ratio to the population in society. Quite the opposite, in fact. Communities close geographically too large cities have a smaller area but a larger population. Thus, it has been determined that an important aspect of the development of united territorial communities is to ensure an appropriate level of socio-economic development. The mechanisms to raise the socio-economic level of communities in order to ensure balanced development of the territories of Ukraine have been proposed. As a result, it is proposed to form conditions for the development of the entrepreneurial activity, a favorable investment climate through the program of loyal taxation and rent, the use of remote work opportunities for the population of communities actively using the resources of the Internet taking into account the course of Ukraine on digitization and digitalization.
Formation of the Philosophy of Law of Ukraine and the USA under the Influence of Individualist Views: A Consideration through History Aspect
The relevance of such a study is that when considering modern Ukraine there is an active interest of philosophers, scientists, lawyers in the study, definition and reconstruction of philosophical and legal studies of the legal system of Ukraine, due to the previous loss of uniqueness because of the totalitarian Soviet regime. The concept of individualism and its impact on the legal system plays an important role in many modern states, including the United States. Individualism, first of all, substantiates personal freedoms, emphasizes the value of an individual. This approach creates a human rights institution that is defined in each state and is protected from interference as a matter of priority. The aim is to study and reveal the concept and nature of the concept of individualism in the philosophy of law, determine its role in shaping the legal system of modern Ukraine and compare the impact of the concept of individualism on the legal system of Ukraine and the United States. This study used the dialectical method, historical and legal method, comparison, analysis and synthesis. The result of this article is a comparison that will allow to understand the influence of individualism on the formation of the system of Ukrainian social consciousness in contrast to the assertion of the consciousness of society under the influence of individualism in the United States.
Development of the Doctrine on Certain Personal Incorporeal Rights in European Countries
The article considers the main aspects of the development of doctrines on personal incorporeal rights in European countries. The conceptual approaches of researchers to such rights have been analyzed. A comparative legal analysis of the legal regulation of personal incorporeal rights in European countries has been conducted as well. The trends and approaches to the ways of consolidating such countries in the system of private law have been studied.
Land Ownership in Ukraine: Reform Issues
At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.
Arbitrability of Corporate Disputes: National Realities and Foreign Experience
The tendency to promote alternative ways of resolving disputes and their effectiveness leads to the expansion of the scope of their application. The relevance of corporate dispute arbitration relates to the rising number of multinational corporations and the general tendencies of globalization and regionalization of the world economy. To identify the main tendencies in the development of national legislation, it is necessary to study the genesis of corporate dispute arbitrability. The purpose of the paper is to determine the scope of corporate disputes that may be submitted to the consideration of international commercial arbitration (arbitrable corporate disputes) under the current legislation of Ukraine (in particular, in light of the reform of procedural legislation in 2016) and the prospects for the dynamics of corporate arbitrability in the future. The tasks of the paper are to analyze the genesis of corporate dispute arbitrability; to analyze the legislation of foreign countries on arbitrability of corporate disputes; analysis of the efficiency of corporate litigation in international commercial arbitration; research into the expediency of expanding the range of arbitrable corporate disputes in the national legislation of Ukraine. There was a negative tendency in the Ukrainian legislation, formed by the current version of the COD of Ukraine, regarding the classification of at least a significant part of corporate disputes in the category of non-arbitrable, which not only does not correspond to the general global tendencies in this area, but also significantly reduces the level of investment attractiveness of Ukraine.
Startups Creation and Development in China
The reform of the economic system in China initiated under the leadership of Deng Xiaoping in the late 70s of the 20th century included as the main components and mechanisms the gradual and consistent elimination of the state’s status of a monopoly economic entity. The economic reform was aimed at, first, the de-collectivization of the agricultural sector, the gradual implementation of individual and private forms of ownership, private economy management, and the transition from an administrative-command model of economic management to the use of commodity-money, and then market methods of economy management at the determining and directing role of the state. An open-door policy and foreign economy, as well as the use of the global economy mechanisms and potential, have become the most important components of economic reform and the entire development model of the Chinese economy.
System of Guarantees of Civil Rights: Constitutional and Branch Specifics
Relevance. The study is relevant since the meaning and purpose of special (legal or juridical) guarantees is to establish such legal institutes that would provide legal means for the implementation of rights and duties, as well as protect the rights of citizens from violations by officials, government bodies and other citizens. Adhering to the traditional scientific classification of legal guarantees, the authors of the article distinguish between guarantees of implementing and guarantees of protecting personal security based on their functions. Objective. The article aims at studying the system of guarantees of civil rights with due regard to their constitutional and branch specifics. Special attention is paid to general guarantees of civil rights embracing ideological, economic, social and political factors that create the best conditions and prerequisites for the realization of civil rights and freedoms at the current development of society and state. Methods. The main research method was deduction used for studying the legal nature and specifics of the system of guarantees of civil rights with due regard to their constitutional and branch aspects. The authors of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of implementing guarantees of civil rights as exemplified by modern Russia. Results. The article proves that the structure of guarantees of personal rights in the Russian Federation still has not been resolved from the theoretical viewpoint. The authors of the article claim that it is necessary to highlight such a type as organizational guarantees. While studying guarantees of personal security, scholars also need to consider that this right belongs to the system of personal rights, whose full list is determined by the Constitution of the Russian Federation. At the same time, ensuring personal rights and civil freedoms is a significant task of many state structures, including internal affairs bodies.
Narkoba and Security Threats in Indonesia: Regional Responsiveness Index and Eradication Policies
This article aims to explain how the drug phenomenon with all its developments that occur in Indonesia, threats that arise against security, its impact and how efforts in overcoming it. The article is based on the results of a national survey of the city index for responding to drug threats in 173 districts and cities that have BNN representatives. Through quantitative methods with statistical calculations Index Kota Tanggap Ancaman Narkoba was divided into two categories of analysis units: family analysis unit and non-family analysis unit. The Index value obtained was transformed into categories that represent the level of responsiveness to the threat of narcotics. The results of the majority of regions in Indonesia are still not good responsiveness to the threat of drugs. Index values for all variables (family, institutional, territorial, community and legal resilience) are still below 40, except for family resilience at 64.84. These values also serve as indicators for developing integral policies so that prevention and abuse of drugs can be carried out.
Analysis of Problems of Kazakhstan’s Economic Integration in the EAEU
At the present stage, to ensure economic security at different levels (both national and regional), for economic growth and sustainable development, one of the important factors is integration processes. At present, integration unions, which include several member states, are acting quite effectively. One of such unions is the Eurasian Economic Union (EAEU), in comparison other integration unions such as the EU (European Union), the European Free Trade Association (EFTA) and some other, EAEU is quite young. However, this union of countries can be called one of the dynamically developing, and nevertheless, in the interaction within the union, a certain imbalance between the member states can be noted, which can be called a serious internal challenge for the EAEU. It is worth noting the economic context of the imbalances in the Union: there is no correlation in macroeconomic indicators (for the majority) between the countries – members of the Union. One of the leading participants in the Eurasian Economic Union, as well as one of the founders is Kazakhstan. It was with at the behest of Kazakhstan that the implementation of this union began. But, after 5.5 years of the functioning of this integration association, the effectiveness of this association gives rise to certain disputes, especially the effectiveness of the union, which calls into question the advisability of Kazakhstan in the composition of this union. The purpose of the article is to analyze the problems of economic integration of Kazakhstan in the Eurasian Economic Union and the possibility of solving them. In the framework of the study of the problem, a scientific approach was used using general scientific methods that were also special, in particular, systematization, theoretical generalization and the method of comparison with the use of statistical analysis. The study defines the concept of integration, reveals the understanding of economic integration from the perspective of different economic schools, using various approaches to understanding this category, defines forms of economic integration and factors defining the integration process, gives a brief disclosure of the essence of the Eurasian Economic Union. The participation of Kazakhstan in the EAEU relative to other participating countries is considered and the main problems are identified, some prospects for Kazakhstan’s participation in the EAEU are considered. The prospects for further research are due to further study of the EAEU problems with respect to the participating countries, for their subsequent study and search for solutions. The instrumental value of the material lies in the possibility of studying problematic issues for further sustainable and effective interaction.
Improving the Economic Mechanism for Increasing Labor Productivity in Agriculture
The article is devoted to the problems of increasing labor productivity in agriculture in Kazakhstan. It explores the growth trends in labor productivity in the agricultural sector and presents a comparative analysis of individual factors that directly affect labor productivity indicators. The article considers the reasons for the lag of Kazakhstan in terms of labor productivity from developed countries, provides a detailed analysis of the level and dynamics of labor productivity in agriculture in Kazakhstan. The authors of the article calculated indicators of the dynamics of labor productivity and indices of the physical volume of gross agricultural output. Comparative indices of labor productivity in the economy, production of goods and agriculture are presented, an algorithm for analysing the efficiency of labor use of workers in the industry and assessing the reserves of growth in labor productivity were given. The aim of the work is to study the prevailing level of labor productivity and determine ways to increase it and the production efficiency of the agricultural sector. The differentiation of the use of the concepts of labor productivity and the productivity of the economic system was substantiated. The productivity of the economic system in accordance has a broader interpretation and includes the whole set of economic processes, such as labor productivity, marketing, managerial productivity and the creation of new products with high consumer qualities. The goals and objectives of labor productivity at the enterprise level was carried out, areas of responsibility at different managerial levels were decomposed.
Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe
The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.
Sustainable Consumption as a Part of Corporate Social Responsibility and Sustainable Development
Taking a strategic approach to sustainable consumption can help local and international companies achieve their sustainable development goals that focus on responsible production and consumption. The aim of this study is to shed some light on this issue by reviewing the literature on the relationship between corporate social responsibility and sustainable development, and also discusses the issue of sustainable consumption in Thailand. In general, the approaches to sustainable consumption can be classified according to two categories: consuming less and consuming ‘right’ through the purchase of green products. A detailed discussion of the strategic approaches to sustainable consumption is included in the article.
Agro-Financing and Agricultural Output in Nigeria
This study examined the impact of agro-financing on agricultural output in Nigeria. The data for the study was sourced from the Central of Nigeria (CBN) Statistical Bulletin and the World Development Indicators (WDI) of the World Bank for the period between 1990 and 2019. The study applied the Canonical Cointegration approach to achieve its objectives. Findings showed that agro-financing significantly affect the level of agricultural output in Nigeria. The result of the econometric models estimated in this study showed that, on average, a 1% increase in agro-financing may increase agricultural output by between 0.12%. Therefore, the study recommended that more agro-funding at low-interest rates will motivate farmers to invest in high-yield seedlings, farm implements, organic inputs that are capable of positively impacting total yield leading to more output.
Economic Problems of Quarantine Infections
Predictably, the fall in world gross domestic product (GDP) will be at least 4.2% due to restrictive measures in connection with the COVID-19 spread. The global economic crisis has not yet been overcome, and if the second pandemic wave occurs, its consequences can be even more disastrous. As a result of the COVID-19 pandemic, all countries will suffer, though the GDP reduction will be different, depending on the individual states’ previous economic situation. It seems important to compare different countries` economic losses depending on their economic model. Germany will be considered as a country with a developed economy, Russia and China – as transition economy countries and India – as a developing one. The results of studying such pandemics impact on various countries’ economies can be used in choosing the optimal answer to possible pandemics in the future.
Legal Issues of Electronic Education and Healthcare: Ways to Improvement
Mobile learning is potentially more efficient than traditional education. However, efficiency of medical education is yet unspecified due to absence of approved standardized criteria for assessing its results and heterogeneity between interferences and result assessments. Digitalization will enhance shaping people of the future in a different way that calls for stricter management and is more knowledge-focused. It is worth pointing out that external monitoring by international organizations can be an additional mechanism of institutional regulation but it is unable to become a substitute for opportunities provided by national governments. State institutions must establish systems prioritizing protection of public interests. Institutional development simplifies knowledge exchange within state-private partnership. It is easier for public organizations to learn from private ones if they already have some experience in this area or have enough resources available.
The Role of International Organizations in Restricting the Use of Humanitarian Intervention for Political Purposes
Humanitarian intervention is often seen as a factor of increasing the level of political presence in one state by another due to its impact on socio-economic processes. Moreover, the presence of the state itself and its government or army is not required. International organizations are used in most cases. The relevance of the study is determined by the fact that humanitarian intervention is now understood as an instrument of soft power, coupled with the use of the international community in the context of cross-cutting information. The novelty of the article is determined by the fact that humanitarian intervention is considered not only as an instrument of political influence, but also as a mechanism for participation in the economic environment of society. The paper shows that under the conditions of the distribution of crisis economic phenomena, humanitarian intervention can only aggravate the situation of the state. It was determined that the most effective tool to increase the political rating of other state is the recovery period after emergency situations. The authors show the mechanism for using the mandatory procedures for the restoration of the country using a political instrument from the most financially secure states. The practical significance of the paper is determined by the need to form a mechanism for differentiating the political impact in the process of restoring the state after an emergency.
Combating Illegal Drugs Trafficking Using the Internet by Means of the Profiling Method
The paper actualizes the issues of combating drug trafficking using the Internet on the example of Ukraine. Given the significant difference in the approach to this issue among Ukrainian and foreign scientists, this allowed to carry out a multifaceted analysis. The purpose of the article is to conduct a comprehensive study (criminological and forensic) on the use of the Internet in the commission of crimes related to drug trafficking, on the example of Ukraine. Profiling was used as the main method. The novelty of this work is the extrapolation of the method of profiling cybercriminals to persons who commit illicit drug distribution using the Internet in Ukraine as a special category of cybercriminals. The specific objectives of the study are: to study the characteristics of an offender who commits crimes related to drug trafficking via the Internet using the method of profiling; study of typical investigative situations that arise when committing crimes related to drug trafficking on the Internet; development of comprehensive recommendations for combating this group of crimes, taking into account both the identity of an offender and investigative situations that most often arise in practice. Based on the study, the article conducted (using secondary data) profiling of people who distribute drugs using the Internet in Ukraine. The profiling also includes a comprehensive portrait of such a criminal, which includes both socio-demographic and psychological characteristics of this category of criminals, studied their motivation, conducted a study of the victimological aspect and features of the study of evidence in this category of crimes.
Factor Analysis of the Income of the Trade Service Company Based on its Sensitivity Evaluation
The issues of improving the methods for analyzing the income of the service company by the example of trade are discussed in the article. The main emphasis in the study is made on the factor analysis of gross income: a classification of factors into overt and latent is proposed for calculating the coefficients of its sensitivity to changes in factors by various methods, for ranking them by significance, and estimating the impact of changes in resource potential on income. The proposed additional areas of revenue analysis will improve the quality of analytical work and allow to take a more informed approach to the development of areas for their growth.
Instruments of Financial Legal Policy in the Countries of the European Union
For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.
Project-Oriented Approach of Personnel Management in Higher Educational Institutions of Kazakhstan
Improving the quality of education in Kazakhstan causes a number of factors, and first of all, it is the reform of the existing system of personnel management of higher education, where the main element is the development of the university staff. Improving the competitiveness of Kazakhstan's universities at the international level takes place primarily due to the project-oriented approach to the creation of innovative universities. The purpose of the work is to investigate the importance and necessity of the project-oriented approach as a set of knowledge, techniques, and skills of the university staff in the course of the management actions and decisions that determine the development and effectiveness of the educational institution. The authors revealed the lack of consistency, fragmentation, and fragility in the research of the issue of the project-oriented approach in the management of the university personnel. The methods of theoretical research and system analysis determined that the project-oriented approach to the personnel management in higher education institution from the perspective of personal activity approach to the work of teachers is optimal, effective and even necessary to obtain the quality result of the university. The paper clearly presents the organization of the management of the university staff, where a starting point is a project-oriented approach to the process of training students, staff development, reveals the algorithms and features of embedding technology project-oriented approach in the educational process, and reveals its content. The paper also discusses the motivation of the teacher, the reasons preventing to foresee innovations in the work, as well as compares the models of personnel management of the universities in Europe and Kazakhstan.
Prospective Directions of e-Commerce Development
Despite the experience of the e-commerce development for several decades, this form of trade organization is still prospective and has high potential for its further development. E-commerce is undergoing some changes in the modern conditions, the most important of them being an increase in the share of orders with a decrease in the average check and the development of new forms of e-commerce. A comprehensive analysis of the development of e-commerce in the modern conditions is provided in the article, the main trends are identified, and the important role of integrated forms in the field of business organization in the digital environment, in particular, marketplaces, is demonstrated. The obtained results allowed to identify the main directions of the development of distance selling using digital technologies in the modern conditions.
Budgetary Funds Management in Ukraine: Constitutional and International Treaties Regulation
The article analyzes important meaning of determining the advantages and threats of choosing a dominant domestic (constitutional) or external (international treaties) vector of budgetary funds administration to ensure the certainty of the development direction of the financial, economic and legal system of the states that are still in the stage of formation. The resolution of this task is an integral part of the characteristics of the state’s basic functioning, with the determination of the primacy of the respective sources regulation. The study uses general scientific and special scientific methods, the basis of which is the application of the results of theoretical studies, statistical and other generalized information on the functioning of the legal and financial system of Ukraine. Ukraine recognizes the primacy of international legal regulation, however, if it does not contradict the Constitution. In the context of globalization and threats to identity, special measures shall be applied by the state to protect its financial stability and independence. It is stated in the article that special attention should be paid to normative principles, which shall be reflected in the legislation. Moreover, the article analyzes the acts of soft law in the framework of cooperation with international financial organizations, which differ from ‘ordinary’ treaties, but bear a politically binding component. It is concluded that the international obligations of the state, taken under international treaties in the financial and budgetary sphere, cannot create direct consequences for citizens, but must be realized in the legal system through national law-making.
Current Status and Development Prospects of the Financial Services Market in Ukraine
The relevance of the topic is that in the modern world financial services are developing most intensively in the field of electronic payments. With the development of digitalization of sales, services and even settlements between individuals, the old mechanisms do not provide the necessary convenience and speed for customers. Therefore, active development is taking place in the field of circulation of bank cards, payments from card to card (quick payments), electronic money, acquiring of various types. It is these aspects of the development of financial services that are considered in this article. The development of such financial services is relevant for Ukraine, which has significant potential in the development of innovations and their perception by the population and business. The purpose of the article is to analyze the development of the financial services market in Ukraine, identifying problems and prospects for the development of this market. The main results of the study: currently, the development of the financial market is closely connected with the development of financial technologies (FinTech) of financial organizations. Innovative solutions in this area allowed such banks in Ukraine as PrivatBank or FUIB to significantly increase their liabilities, assets and income. Further, the development of the financial services market should be associated with stimulation by the state of the development of non-cash payments, payment infrastructure (especially in regions where it is not yet developed enough). Prospects for further research are related to further study of the development of financial technologies in the financial sector, operations with bank cards and electronic money in Ukraine. The applied value of the material lies in determining the directions of development of financial operations, financial services for customers and financial products, primarily in Ukrainian banks.
Electronic Wholesale Services: Advantages and Promising Directions of Development
It has been demonstrated in the presented study that the use of services plays a key role in the formation of a new type of the competitive economy based on the information technology and involves the innovation of mutually beneficial commercial interactions. Qualitative and quantitative changes in the content, forms, and mechanism of the workflow management have been investigated in the aspect of the main trends in the development of the monetary relations. The search for the modern business technology predetermined the development of the electronic wholesale market and the possibility to improve the convenience of the service of doing business. The subjects of this sector of commodity circulation confirm the efficiency of the formation of economic relations in the segment of online trade services and the prospects of the electronic business. The analysis of the electronic market trade workflow allowed to establish the main trends in its development, to identify the specifics of partnerships, their establishment, and the online implementation of trade procedures through the electronic document workflow. As a result of the study, the authors have established the reasons for the increase in the number of participants of electronic marketplaces, changes in the commodity structure in the corporate procurement sector, the mechanism for reducing purchase prices through electronic auction, and the possibility of optimizing costs and increasing the efficiency of managerial processes in the organization by improving the service automation of business selling processes in a competitive environment. Based on the comparison of the number of auctions conducted and the amount of deals concluded, it has been noted that the largest number of auctions were held in consumer goods, where the average deal value was the least, while the deals of the highest value were in the provision of services, with the lowest proportion of the conducted auctions. The authors of the study have analyzed potential commercial and technological risks and identified the main fraudulent schemes in electronic commerce and measures aimed at preventing or eliminating certain risk factors and conditions of uncertainty of the result. Based on the opinions of the experts, the promising directions for developing the electronic market and electronic wholesale services have been noted in the study, which can be achieved through the creation of independent electronic trading platforms by large industrial corporations, as well as through the use of the information and communication network functions in the internal corporate interaction in large holdings. Combining the capabilities of the marketplaces of the corporate and public procurement sectors and launching a joint service for electronic trading while maintaining established business processes will improve the efficiency of the commercial activities of participating organizations.
Innovative Priorities of Ukraine in the Context of Global Economic Trends
Strategic support of the company’s work in the international market requires a complete restructuring of business processes in a crisis situation and improvement of the company's relations with both consumers and producers. The necessity to form a combined production cycle to reduce competition should not be overlooked. The dynamics of the formation of modern enterprise forms the need for a constant analysis of emerging investment proposals. The novelty of the study is determined by the fact that the company must ensure a change in the format of work when entering the international market and identify the possibilities of strategic formation of financial and organizational reserves for the possibility of autonomous provision of activity for several production cycles. The authors show that in order to understand the development strategy, the enterprise needs to integrate diagnostic tools into the system of production indicators, which can provide an integrated assessment of the quality of enterprise management. The practical significance of the study is determined by the need to formulate an enterprise development strategy for a period of up to five years. The main value should be determined in the structure of ensuring the damping of crisis phenomena in the context of stagnation of industrial production, demand and financial markets of the state. This will allow to unify investment and anti-crisis development strategies.
Public-Private Partnership in Conditions of Innovative Development of Kazakhstan
The relevance of the subject matter is conditioned by the fact that the innovative development of Kazakhstan, which is based on the introduction of technological advance, the use of computer and resource-saving technologies, industrial and innovative achievements, is currently of great importance for the country's economy. Without the growth of innovative potential in the country, it is impossible to ensure the competitiveness of the economy. In this connection, further reform of the innovation development management system both of public and private sectors is necessary, and the current means of increasing their effective functioning is the development of partnerships between the state and business, which will allow to attract additional resources to the public sector of the economy, primarily investment. In such a system of relations, the resources and potentials of the state and business are combined, which helps to increase the efficiency of the use of available resources, the distribution of risks between the public and private sectors and their minimisation. The purpose of the study: The purpose of the paper is to prepare recommendations for the development of public-private partnerships in the conditions of innovative development of Kazakhstan. Leading approach to the study of the subject matter. The leading methods of researching the issues of the paper include the analysis of theoretical sources, analysis of statistics, and comparison. The analysis of statistical indicators plays a crucial role in the study, since data on the innovation level, on the development of public-private partnerships can be directly obtained from statistical databases. The results of the study. The paper discusses the concept of public-private partnerships, methods, mechanisms, stages of development of public-private partnerships in Kazakhstan, analyses the innovative development of Kazakhstan, the development of public-private partnerships, identifies issues of public-private partnerships and develops solutions to them. Prospects for further research. For the development of projects that are carried out on an innovative basis, cooperation between the state and business is necessary. Certain risks and consequences are inherent in innovative projects; therefore, such projects require private partners who agree to public-private partnerships even under unstable political, economic and social conditions, and also have corresponding production and innovative potential. Given the improvement of the regulatory framework at the national level and in the regions, increasing the attractiveness of such cooperation, and providing comprehensive support for such projects, a partnership between the state and business in the innovation sector will develop. The materials of the paper are of practical value for the development of public-private partnership in the conditions of innovative development of Kazakhstan.
Legal Regulation of Land Lease in Ukraine
The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.
Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union
Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.
Legal Aspects of Corporate Management in the Context of International Law Rules
This study sets the task of studying the legal aspects of corporate governance in the context of existing international law. Consideration of issues related to the legal aspects of corporate governance is of great importance for the development of common criteria for evaluating their activities from the point of view of existing legal norms. The development of ever new forms of public organizations and the need to develop legislative norms to regulate their activities only emphasizes the importance of the issue under study. The relevance of this problem is of particular importance in light of the fact that to date, the laws of most countries have not yet developed clear criteria governing the corporate activity. This fact leads to difficulties in studying this issue and the high probability of misunderstanding in matters of corporate activity and corporate governance features, not to mention giving this activity a proper assessment from the standpoint of the norms of current legislation. This study sets the task of studying the fundamental legal rules regulating the corporate governance of Ukraine and foreign countries with the identification of the similarities and differences of existing legal standards. The method of comparative analysis of works of domestic and foreign researchers in the framework of the subject under consideration was selected. The applied value of this material is to identify the main criteria for the compliance of the current aspects of corporate governance with international law with a view to the subsequent application of the results in practice. The research prospects in this direction from a legal point of view consist in comparing the current legislative acts regulating international law with regard to corporate governance issues, which opens up great opportunities for analysis of all the provisions of corporate governance and bringing them into line with the norms of existing international law.
Form of Implementation of Collective Disputes in the Field of Labor Law
Labor relations have always been defined as a source of not only increasing of well-being for all parties, but also as a source of the formation of social problematic situations. This was allowed in cases when workers did not receive the level of income they expected and considered fair. In this case, the search for ways to protect the rights of workers, which is considered in the field of labor law, is relevant. The standard sources for the implementation of forms of protection in labor law are strikes and other forms of termination of the work process. The novelty of the paper is determined by the fact that in modern society the forms of protection of labor rights are mainly judicial forms, which guarantee that the employer cannot influence the settlement process by unofficially affecting employees. The article reveals aspects of the design of labor relations that could eliminate the negative impact on the labor process. Aspects of the formation of the branch of labor law are considered, which can provide the maximum number of decisions in the pretrial order. The practical significance of the paper is determined by the possibility of applying methods of solving collective labor disputes as a factor in the formation of the labor law industry with the formation of the principles of sustainable functioning and public control over business.
The Role of Public Diplomacy in Dialogue with Foreign Public
At present, dialogue is the most effective form of interaction, which allows to form a positive public opinion and achieve the country's foreign policy interests abroad. The paper investigates the concept of public diplomacy, proposed by various authors as a special direction of the country's foreign policy. To determine the effectiveness of public diplomacy, practices of different countries are examined, namely Russia and China, which, through the use of public diplomacy, have created a dialogue with the foreign public, thereby promoting national interests and gaining loyalty of a foreign audience. This paper considers the international initiatives of Kazakhstan as elements of public diplomacy, allowing to position the country and increase its attractiveness in the international arena. Analyzing the experience of developing public diplomacy in other countries and considering the current tasks of Kazakhstan, the author offers recommendations on the effective implementation of public diplomacy as an additional opportunity to promote the foreign policy interests of Kazakhstan abroad. The implementation of the recommendations will allow Kazakhstan to effectively use public diplomacy for successful positioning of the country in the world community, as well as to establish dialogue with the foreign public, ensuring its loyalty to the country's current policy.
Ukrainian Civil Service: Implementation of the Public Administration Reform Strategy in Ukraine
Civil service as a public institution is called to increase the life quality standards for the population by delivery of high-quality administrative services, forming and ensuring the implementation of the public policy, supervision and control over legal compliance of public bodies’ and officials’ actions. However, in Ukraine it does not fully meet these objectives and requires substantial reforming. The relevance of this study lies in an active interest of philosophers, scientists, and lawyers in the research and definition of socio-economic and political turbulence in modern Ukraine caused by internal and external factors. The paper discusses the innovations of civil service in Ukraine, which are aimed at improving the performance and ensuring the quality of civil service. The results of this paper demonstrate that Ukraine has moved quite a distance from the Soviet legacy as far as civil service is concerned. Nevertheless, the country still has a lot to be done: these achievements must be supported by steady efforts so as to make them irreversible and to significantly increase the efficiency of public administration. In this connection, the civil service reform in Ukraine must be supported not only by policy measures that enhance the professionalism of civil servants, but also by the improvement of their public image. The practical importance is determined by the need to formulate priority ways of raising the country’s economic competitiveness and promoting social welfare.
Discrete Process of Development and Effective Functioning of the Fiscal System of the Ukraine and EU Countries
The article considers the discrete process of development and effective functioning of the fiscal system of the European Union and Ukraine. A comprehensive methodological approach to the development, sustainability and efficiency of the fiscal system, which provides structural restructuring of the economic system and affects the ‘fiscal maneuver’ of the initial formative component, balances the specific interests of all subjects of redistributive relations. The typology of fiscal systems depending on the approved level of income tax rates, wages and other taxes is studied. The method of estimating the level of tax burden at the macro level is substantiated, which shows the share of GDP that is redistributed through the total amount of tax revenues to the budgets of all levels and extra-budgetary funds. The method of determining the level of tax burden and its impact on the consumer market and production (of goods), as well as the coefficient of elasticity of tax revenues to the State Budget, which embodies the fiscal effect of the impact on the system of tax revenues is shown. The three-stage structure of indicators is determined, which allows to calculate the integrated indicator of the state of the fiscal system and to determine the dynamics of the level of its security by stimulant factors and disincentive factors. The normalized values of stimulus factors and disincentive factors, as well as an integrated indicator of the state of the fiscal system of Ukraine are estimated and determined. The share of direct and indirect taxes in the GDP, as well as the structure of tax payments in the revenues of state budgets of EU member states are analyzed. A modification of the taxonomic indicator of indicative development of the fiscal system (indirect tax harmonization index) has been developed, which characterizes the level and dynamics, as well as changes in the directions and scales of consumption taxation in EU member states and Ukraine under conditions of functioning in a single economic space with a certain degree of harmonization of the sphere of indirect taxes.
Imperatives of Quality Insuring of the Production Cycle and Effective Functioning Process of the Enterprises of Agro-Product Subcomplex of Ukraine
The article deals with the imperatives of quality insuring of the production cycle and the effective functioning process of the enterprises of agro-product subcomplex of Ukraine. An effective functional system has been built which, based on the quantitative and qualitative criteria of competitiveness of enterprises, determines the scale and effectiveness of their activity, provides opportunities to reproduce the resource potential of the agro-product subcomplex industries. The set of processes of relevant implication ‘resources – structure – efficiency – development of the system’ was singled out in order to improve the qualitative and quantitative properties of the production cycle as a creation of efficiency. An adaptive-renovation approach is proposed, which allows selecting from the system of indicators representative-effective indicators and factors of financial and resource load on the level of self-financing of the production cycle with 95% probability. The criterion of ‘optimal maximum profit’, which meets the requirements of a clear economic interpretation of the performance indicators, provides an increase in the value of cash flow to reduce the dependence of the entities of inter-economic relations on the slowdown in the self-financing of the production cycle. It is proved that the integration of agro-product industries with a long continuous cycle has specified functional changes in their efficiency. We have grouped the entities of inter-economic relations by the level of production cost and profitability of the sold products, which ensure the effective process of functioning of the enterprises of the agro-product subcomplex. The parameters of financial and resource load on indicators of self-financing of the production cycle of enterprises of poultry agro-complex in the average for one region of Ukraine are determined. Alternative business projects for the production of poultry products are proposed while changing the cash flow discount rate.
Determinants of Fraud Tendency in the Management of Village Funds
This study aimed to determine the effect of internal control system, rationalization and information asymmetry on fraud tendency in the management of village funds with the organizational ethical culture as a moderating variable. The population in this study was 61 village officials in Kejajar Sub-district, all members of the population were sampled. Data collection technique used a questionnaire. The data analysis method used descriptive analysis and moderation regression analysis with test of absolute difference value. The results showed that the internal control system had a significant negative effect and rationalization had a positive and significant effect, while the information asymmetry did not affect the fraud tendency in the management of village funds. The organizational ethical culture failed to moderate the relationship between the internal control system and the rationalization of the fraud tendency in the management of village funds, but was able to weaken the relationship of information asymmetry on the fraud tendency in the management of village funds. Suggestions in this study are for village officials / PPKD to minimize fraud by improving internal control systems through the implementation of SOPs, good management, developing ‘village partner’ applications, and not justifying any form of fraud.
Dynamics of Selection of Regional Heads in Indonesia in the Reformation Era
The regional head as the organizer of the government in the region is also an extension of the central government, has a pretty heavy task, therefore in order for the State's goals to be achieved, regional heads must be chosen that are truly credible, qualified and qualified, so that it can bring success to regional development in carrying out government affairs as mandated by the Act, which will ultimately have a positive impact, in the form of support for national development. This research is intended to examine, criticize and analyze which are expected to provide solutions related to the development of the authority to form laws in the constitutional system of the Republic of Indonesia. The formulation of the problem in this study are the dynamics of regional elections in Indonesia in the reformation era and the implications of the dynamics of regional elections in the Indonesian constitutional system. The method of approach used in this study is normative juridical, which is an approach that uses the positivist concept which states that law is identical with written norms created and enacted by authorized institutions or officials. The dynamics of regional head elections in Indonesia in the Reformation era include the conditions for pairs of candidates for regional head elections and the mechanism for regional head elections. Pairs of regional head candidates must be proposed by political parties or a combination of eligible political parties.