Search results for: contract in All Content

Correlation good administration – good governance in the context of Romania’s integration in the European Union

Correlation good administration – good governance in the context of Romania’s integration in the European Union

Author(s): Florina Ramona Preda (Muresan) / Language(s): English / Publication Year: 0

Keywords: good administration; good governance; administrative control; administrative reform;

In this study we will deal with the right to good administration which includes: any person’s right to be heard before taking any potentially harmful individual action; people’s right of access to their own file, in compliance with legitimate rights regarding confidentiality and professional and trade secrecy; administration’s obligation to state the grounds for their own decisions. We will mainly introduce the most important aspects regarding central and local public administration’s adaptation to the concept of good administration and good governance throughout Romania’s integration in the EuropeanUnion. Additionally, the study will analyse the characteristics of good governance: political dimension of the concept, which involves a competitive multi-party system in the democratic policies and observance of human rights; institutional dimension represented by how the country’s affairs are managed; the technical dimension capitalised by the management quality and institutional capacity. Establishment of the European Ombudsman by the Maastricht Treaty, taken over in Romania by the institution of the People’s Lawyer, creates the premises of a control over the public institutions or public authorities with regards to maladministration.

Service of Judicial and Extrajudicial Documents in the European Union Law

Saradnja sudova i drugih organa u građanskim i trgovačkim stvarima u pravu Evropske unije u odnosu na dostavljanje pismena

Author(s): Tatjana Zoroska-Kamilovska,Milka Rakočević / Language(s): Serbian / Publication Year: 0

Keywords: Service; EU law; Judical and extrajudical documents; Transmission and reception of documents; Rejection of service;

When discussing the matter of cooperation between the courts and other bodies in the judicial proceedings with a foreign element, the issue of service of judicial and extrajudicial documents emerges as one of the most important. This is because service of documents is one of the most important forms of international legal aid. Until now, in the law of the European Union several normative acts had been adopted governing the matter of service of judicial and extrajudicial documents in the Member States of the European family. The subject matter of this article is the issue of service of judicial and extrajudicial documents in civil or commercial matters within the European Union under Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007. An analysis of the provisions of the Regulation (EC) No. 1393/2007 has been made concerning several issues regarding the transmission and service of judicial and extrajudicial document in the Member States of the European Union.

Ideology in Execution

Ideology in Execution

Author(s): Albrecht Koschorke / Language(s): English / Publication Year: 0

Keywords: Hitler;Mein Kampf;

The first dictatorial book of the twentieth century is Adolf Hitler’s programmatic text Mein Kampf. Unlike later representatives of the same genre, this book has had an impact far outlasting the regime it helped found. It continues to have a remarkably divided reception.

Evaluation of the company internationalisation process: traditional and network perspective

Evaluation of the company internationalisation process: traditional and network perspective

Author(s): Krzysztof Fonfara,Adam Dymitrowski,Łukasz Małys / Language(s): English / Publication Year: 0

Keywords: internalisation;evaluation;

The aim of this article is to review the existing methods for measuring the internationalisation of the company and indicate their use in determining the impact of the internationalisation process of the company on its performance. Against the background of the diagnosis of a variety of methods to assess the internationalisation process, an approach will be presented which, according to the authors, allows a slightly different approach to the issue discussed, namely from the perspective of network approach.

The Institution of Necessary Part of Inheritance : Federation of Bosnia and Herzegovina Vs. Republic of Srpska

Institut nužnog nasljedstva : Federacija Bosne i Hercegovine, versus Republika Srpska

Author(s): Boris Krešić / Language(s): Serbian / Publication Year: 0

Keywords: Inheritance Act;Necessary part of inheritance;Successor;Inheritance Law;

Adoption of the “new” Inheritance Acts in Bosnia and Herzegovina led to different solutions regarding the institution of necessary parts of inheritance. Inheritance Act in the Republic of Srpska does not define registered partner as successor, while the Federation of Bosnia and Herzegovina Act on Inheritance defined a child from partial adoption as a relative necessary successor. Both laws in a uniform manner determine the size of the necessary parts of inheritance in a way that a necessary part of the absolute necessary successors is one half of what they would inherit by the law, while a necessary part of the relative necessary heirs is one third of what would be inherited by the law. Institution of exclusion from the necessary inherited share, in terms of specifying the conditions for exclusion is not the same in both acts. The legislator in RS does not recognize the perpetration of a crime against the integrity of Bosnia and Herzegovina or humanity and values protected by international law as conditions for the exclusion. Furthermore, the lack of work and honest life, as conditions for exclusion must be met cumulatively. The difference that exists in terms of exclusion is that, according to FBH Act, the indication of the basis for the exclusion is considered a condition of validity of the exclusion in the Federation. Deprivation of necessary parts of inheritance is also mostly identically regulated in both laws. The difference exists in terms of conditions to be met by an adult person on whose behalf a deprivation is executed. Both laws continue to govern deprivation analogously, according to provisions of the law relating to the exclusion from the necessary parts of inheritance which can lead to inadequate solutions in practice. A particular problem in the Act of the Federation of Bosnia and Herzegovina reflects the institutions of deprivation or exclusion through a marriage contract. The adoption of new laws on inheritance is not contributing to better inheritance and legal position of necessary heirs, but rather opened new questions and set new differences between entity laws.

Strategic Management of the Personnel of the Organization

Strategic Management of the Personnel of the Organization

Author(s): Lyazzat Mukhambetova,Gulnara LESBAYEVA,Malika Erekhankyzy MUNASİPOVA,Aynura T. OMAROVA,Gulnara Baibasheva,Rimma Satkanova,Bakit URAZOVA,Sagynysh Mambetova,Gulvira Akybayeva / Language(s): English / Publication Year: 0

Keywords: personnel policy; enterprise; strategic management

The work within collective in the stable functioning and development of the organization is difficult to overestimate. After all, it depends on the employees of the company that they fulfill the assigned tasks, the quality of the work performed, and also the activity in solving the arising problems. At present, in most companies, the organization's staff is seen as a key resource in ensuring the success of the organization.

Planning the Work with the Personnel of the Organization

Planning the Work with the Personnel of the Organization

Author(s): Lyazzat Mukhambetova,Gulnara LESBAYEVA,Malika Erekhankyzy MUNASİPOVA,Aynura T. OMAROVA,Gulnara Baibasheva,Rimma Satkanova,Bakit URAZOVA,Sagynysh Mambetova,Gulvira Akybayeva / Language(s): English / Publication Year: 0

Keywords: personnel planning; strategic plan; organization

One of the most important stages of the planned activity of enterprises is personnel planning, since the volumes of the enterprise's activity (turnover, profit, income) depend on planning results, on the one hand, and on the other hand, the expenses of the enterprise for the maintenance of personnel. The main goal of personnel planning is to create a personnel management system based not on administrative methods, but on economic incentives and social guarantees aimed at bringing together the interests of the employee and organization, achieving high labor productivity, improving production efficiency, and getting the company the best economic results.

Efficiency of Personnel Management of the Organization

Efficiency of Personnel Management of the Organization

Author(s): Lyazzat Mukhambetova,Gulnara LESBAYEVA,Malika Erekhankyzy MUNASİPOVA,Aynura T. OMAROVA,Gulnara Baibasheva,Rimma Satkanova,Bakit URAZOVA,Sagynysh Mambetova,Gulvira Akybayeva / Language(s): English / Publication Year: 0

Keywords: efficiency; evaluation; labor productivity

The system for assessing the effectiveness of personnel management is primarily needed to regularly obtain information about the level of competence of employees. Information that can be obtained when evaluating an employee helps in the future work with the personnel reserve, employee management, motivation, management of training and staff development.

Modeling a term structure of interest rates

Modeling a term structure of interest rates

Author(s): Paweł Kliber / Language(s): English / Publication Year: 0

Keywords: term structure of interest rates;bootstrapping interest rates;discount curve;splines;spot rates;forward rates;IRS;swaps;Nelson-Siegel model;Svensson model;

The paper deals with modelling the term structure of interest rates. Starting from the basic concepts connected with time value of money, it introduces and describes various types of interest rates. The methods of estimating terms structure of interest rates from bonds’ prices are presented here. The chapter ends with the description of the main models of term structure of interest rates that are used by central banks worldwide.

Features of Non-Executive Directors' Fiduciary Duties

Features of Non-Executive Directors' Fiduciary Duties

Author(s): Adina Ponta / Language(s): English / Publication Year: 0

Keywords: duty of care; duty of loyalty; duty of oversight; non-executive director; executive director; supervisory board;

Among the influences of the 2007 financial crisis on corporate governance, the developing role of non-executive directors and their expanding duties require particular attention. By nature of their function, non-executive directors mitigate risks determined by information shortcomings between shareholders and managing directors, on the assumption of effective exercise of their duty of oversight. However, this subsidiary duty is not within the essence of non-executives’ role, the same perspective being reflected in statutory rules of several European countries. This paper will examine the particularities of non-executive directors' fiduciary duties, incorporated from common law doctrine, by providing a comparative overview of EU member state approaches. The paper will pursue the evolution of the non-executive function in continental law and examine recent European studies, which extend the scope of non-executive directors’ duty of care. The objective is to demonstrate that fundamental differences between national regulations are determined by different understandings of the function of non-executive directors, for example, subsets of their fiduciary duties are divided in Romanian corporate governance between different managing bodies of the company.

Movable cultural heritage. Wisdom of the Earth by Constantin Brancusi: public domain and recovery of possession

Movable cultural heritage. Wisdom of the Earth by Constantin Brancusi: public domain and recovery of possession

Author(s): Cosmin Soare-Filatov / Language(s): English / Publication Year: 0

Keywords: national cultural heritage; cultural goods; recovery of possession; public domain; Wisdom of the Earth;

The research and consolidation of cultural heritage legal institutions have only known scarce attention and timid evolution in the past decades in Romania. In turn, the Romanian society in general seems to share the lack of concern. A true national conscience, which embraces the profound values of cultural heritage, seems to be still information after the trials of the past regime. Such a conscience cannot be taken for granted; it must be developed, it must be explained with patience and understood in its essence, it must be nurtured with a drive to know the past and the present and to build a common future. In this context, the present study is intended as a useful and attractive instrument for the review of relevant legal institutions, such as the right of ownership over movable cultural goods, the public domain and the recovery of possession of movable cultural goods. Employing the critical analysis of relevant case law, apt to stir curiosity, this study also brings to the forefront our often times inadequate comprehension of cultural heritage legal institutions.

Criminal Liability of Local Elected - Tendencies of Compliance With The New Legislative Jurisprudential Challenges

RĂSPUNDEREA PENALĂ A ALEȘILOR LOCALI – TENDINȚE DE RACORDARE LA NOILE PROVOCĂRI LEGISLATIVE ȘI JURISPRUDENȚIALE

Author(s): Mihnea-Alexandru Cerchez / Language(s): Romanian / Publication Year: 0

Keywords: legal liability criminal liability; criminal sanction; unlawful deed;

The criminality among elected representatives is now a phenomenon with a wide spread and at the same time a real problem faced by the judicial authorities, both in terms of the complexity of the phenomenon and the social danger it represents, in relation to the negative consequences generated at the level society as a whole. Local elected representatives are criminally responsible for crimes committed in the performance of their service duties, crimes covering a wide range of domains, Romanian society as a whole, and public administration in particular, facing an alarming situation. The criminal activity of the elected officials seriously affects the good functioning of the public administration by jeopardizing the organizational stability of the public institutions and authorities by undermining the principles of good administration, equity and social justice, by generalizing the phenomenon of corruption and, last but not least, by the erosion citizens' trust in decision makers in the public administration sphere.

Ethos of work or counterideology of work?

Etos pracy czy kontrideologia pracy?

Author(s): Danuta Walczak-Duraj / Language(s): Polish / Publication Year: 0

Banks in Poland in the face of new regulations on executive remuneration

Banks in Poland in the face of new regulations on executive remuneration

Author(s): Agnieszka Słomka-Gołębiowska / Language(s): English / Publication Year: 0

Keywords: banks in Poland;new regulations;executive remuneration;bank system

The aim of this paper is to examine the extent to which the current practice of rewarding bank executives in Poland differs from international benchmarks, taking into account the most recent Polish regulations, in force since 2012. The question is whether the new legal rules will have a signifi cant impact on the structure of executive compensation in banks. The paper describes recent recommendations of international organizations on how to regulate executive pay in the financial services industry, and compares them with the legal initiatives introduced in Poland. I also discuss the merits of such regulation in order to assess whether it can achieve the stated objectives. In the following section the findings related to executive remuneration practices in banks in the face of the new regulation will be presented. The final section presents the conclusions drawn.

Independent supervisory board members in Polish public banks

Independent supervisory board members in Polish public banks

Author(s): Agata Wieczorek / Language(s): English / Publication Year: 0

Keywords: independent supervisory board members;Polish public banks;bank system

The objective of this paper is to determine to what extent the banks listed on the Warsaw Stock Exchange (WSE) observe the regulations concerning the appointment of independent supervisory board members as well as whether the members meeting the criteria of independence are appropriately educated and have qualifications to perform their tasks on supervisory boards.

The Origin and Spread of the Late Mesolithic Blade and Trapeze Industries in Europe: Reconsidering J. G. D. Clark’s Hypothesis Fifty Years After

The Origin and Spread of the Late Mesolithic Blade and Trapeze Industries in Europe: Reconsidering J. G. D. Clark’s Hypothesis Fifty Years After

Author(s): Paolo Biagi,Elisabetta Starnini / Language(s): English / Publication Year: 0

Keywords: Europe; North Africa; Near East; Late Mesolithic; Blade and Trapeze Industries; “Castelnovization”; Late Boreal/Early Atlantic period;Radiocarbon dating;

Already in the late 1950s J. G. D. Clark outlined the important changes that took place at the end of the Mesolithic period in many regions of Europe, North Africa and the Near East, which led to the production of chipped stone assemblages characterized by parallel-sided blades and different types of trapezoidal arrowheads. This paper discusses the origin, chronology, eventual spread, and distribution of the new assemblages that suddenly, almost contemporaneously made their appearance in many different territories of the Old World in the light of the discoveries made during the last fifty years.

The Impacts of Perceived Ethical Climate and Codes of Ethics on Employees’ Deviant Behaviors in Organizations

The Impacts of Perceived Ethical Climate and Codes of Ethics on Employees’ Deviant Behaviors in Organizations

Author(s): Seçil Taştan / Language(s): English / Publication Year: 0

Keywords: Workplace deviant behavior; Employee deviance; Organizational ethical climate; Code of ethics; Business Ethics;

This study investigates how ethical climate and perceived existence of organizational ethical codes impact employee deviance. Due to the importance and extensiveness of the employee deviant behavior problem, it is found denotative to examine the antecedents contributing to the occurrence of employee deviance in organizations. In the light of the previous literature study, several factors that have been associated with employee deviance have been reviewed and it was seen that workplace ethics was examined as a contextual variable influencing such behaviors in the organizations. Thus, in the current study, it was aimed to evaluate the impacts of existence of ethical codes and ethical climate on employees’ deviant behaviors within the organization. A quantitative survey was performed among 230 employees in public and private organizations in various sectors, such as education, health, insurance, banking, telecommunication, and retailing. The data obtained from the research were evaluated with statistical programme and the findings revealed that all five dimensions of ethical climate had significant impacts on organizational deviance. The instrumental and independence dimensions had positive impacts on organizational deviance, whereas caring, law and codes and rules dimensions had negative impacts on such behaviors. Further, it was reported that the perceived existence of organizational code of conduct had significant negative impact on organizational deviance. The findings of the research were evaluated and discussed with the implications of the previous empirical findings and both conceptual and practical suggestions were provided for the future studies.

The Tax System of the Republic of Kazakhstan: The Basics of Construction and Characteristics of the Organization

The Tax System of the Republic of Kazakhstan: The Basics of Construction and Characteristics of the Organization

Author(s): Baglan Aimurzina,Aldanysh Nurumov,Mazken Kamenova,Gulnara LESBAYEVA,Ainura Omarova,Karlygash Kenenova,Diana Baltabaevna Muratova,Aigul Moldabekova / Language(s): English / Publication Year: 0

Keywords: organization; management; tax;

Based on the works of leading domestic and foreign economists in the field of the theory and practice of organizing taxes and finance, tax management, fundamental provisions on the development of market economy, the theoretical nature of taxes, which includes the theory and methodology of managing tax relations, tax and non-tax revenues of the state budget of Kazakhstan in new integration conditions. The elements and mechanisms of the functioning of the tax system of the Republic of Kazakhstan are shown.

The role of self-government organizational units of social assistance in occupational activation of the unemployed

Rola samorządowych jednostek organizacyjnych pomocy społecznej… w aktywizowaniu zawodowym osób bezrobotnych

Author(s): Ewa Kulesza / Language(s): Polish / Publication Year: 0

Social welfare organizational units, as entities with the widest information on the family and professional situation of the unemployed, have been included in the system of state entities helping the unemployed in professional and social activation. Social welfare units can use in this respect both the instruments provided for in the Act on social assistance (eg. social contract, individual program of getting out of homelessness), as well as in other legal acts, forming the basis for the so-called social employment. Experiences of social assistance centers indicate that although the effects of the results measured by the number of unemployed who find employment are not always satisfactory, the legitimacy of social assistance in taking up actions for the unemployed is beyond doubt, particularly since – in the case of social employment – it is not only the way to professional activation of the unemployed, but to shape local employment policy.

The temporary work as an instrument of social policy – remarks regarding the replacing employment contracts with civil-law contracts in practice of temporary work agency

Praca tymczasowa jako jeden z instrumentów polityki społecznej w obliczu zmian – uwagi na tle zawierania umowy cywilnoprawnej z agencją pracy tymczasowej

Author(s): Kinga Piwowarska / Language(s): Polish / Publication Year: 0

This article deals with the analysis of temporary work, especially the changes introduced in it, the possibility of temporary employment agency directing on the basis of a civil law contract to perform temporary work at the user’s employer, a person who is not an agency worker. The analysis was carried out in terms of the fact that temporary work is one of the instruments of social policy, which aims to eliminate the phenomenon of unemployment and replacing employment contracts with civil-law contracts.