Suchergebnisse

The article is devoted to the search and practical analysis of the legal regulation of the provision of information services in the field of access to public information (open data). Under informatization, the development of information society, and promotion of business and public administration transparency, there is a rethinking of the role and significance of information as a social weal and legal phenomenon. Contracts for the provision of information services are widely used both in private and public legal spheres. Access to public information is an administrative service regulated by the principle of subordination, reporting, imperativeness. At the same time, actions with publicly available information can also be the subject of civil law contracts in providing information services. In particular, many online services offer information services based on private law on the data generating and processing obtained from state registers. Data publicity has advantages for all sectors, namely: private (making better decisions through access to complete information and developing new products, services, business models, and interaction models between business and public authorities); public authorities (increasing the public services efficiency and policy development and monitoring); public (improving communication between government, business, and society, preventing corruption, involving the public in the decision-making process).

У статті досліджується правова природа послуг загального економічного інтересу. Проаналізовано національне законодавство, законодавство Європейського Союзу, а також практика Суду ЄС у даній сфері. За результатами проведеного дослідження запропоновано шляхи вдосконалення законодавства України в частині встановлення компенсації обґрунтованих витрат на надання таких послуг. ; The article investigates the legal nature of services of general economic interest. It is noted that the domestic experience of legal regulation of the investigated sphere testifies to the ignoring of the European practice of application of the rules of SGEI, which provokes contradictions with the norms of EU legislation, as well as incorrect interpretation of them.Analysis of the EU legislation reveals key criteria to be met for granting compensation of SGEI. It is noted that national legislation, in place of the criteria, contains a list of SGEI.It is emphasized that this list can only work in the part of compensation of reasonable costs for pro- vision of such services. That is, if the compensation is deducted in a non-transparent manner, without a detailed calculation of the costs, it may quite go from the compensation category to the category of state aid incompatible for competition.In this regard, it is proposed to add to the Law of Ukraine "On State Aid to Undertakings" or to the List of the SGEI amendments, adding the criteria which contained in the Altmark Decision. It is emphasized, that compliance with the above criteria automatically excludes the provision of services from the scope of the law and the necessity to submit a notification to the Authorized Body on State Aid.

У статті досліджується правова природа послуг загального економічного інтересу. Проаналізовано національне законодавство, законодавство Європейського Союзу, а також практика Суду ЄС у даній сфері. За результатами проведеного дослідження запропоновано шляхи вдосконалення законодавства України в частині встановлення компенсації обґрунтованих витрат на надання таких послуг. ; The article investigates the legal nature of services of general economic interest. It is noted that the domestic experience of legal regulation of the investigated sphere testifies to the ignoring of the European practice of application of the rules of SGEI, which provokes contradictions with the norms of EU legislation, as well as incorrect interpretation of them.Analysis of the EU legislation reveals key criteria to be met for granting compensation of SGEI. It is noted that national legislation, in place of the criteria, contains a list of SGEI.It is emphasized that this list can only work in the part of compensation of reasonable costs for pro- vision of such services. That is, if the compensation is deducted in a non-transparent manner, without a detailed calculation of the costs, it may quite go from the compensation category to the category of state aid incompatible for competition.In this regard, it is proposed to add to the Law of Ukraine "On State Aid to Undertakings" or to the List of the SGEI amendments, adding the criteria which contained in the Altmark Decision. It is emphasized, that compliance with the above criteria automatically excludes the provision of services from the scope of the law and the necessity to submit a notification to the Authorized Body on State Aid.

Purpose
The purpose of this paper is to: first, explain why a new model of the provision of welfare services to citizens arises from the digital society; second explore some core elements of the competition between the new model of the provision of welfare services and the classic ideal model of the professionals' provision of welfare services; third, suggest why it is most likely that the two models of the provision of services are combined into a symbiotic co-evolution scenario; and fourth, examine why and how this symbiotic co-evolution scenario results in new participatory spaces for the main actors associated with the provision of welfare services.


Design/methodology/approach
The review of the literature examines how the new model for the provision of welfare services facilitated by big data challenges the traditional professional model for the provision of welfare services. The authors use the Danish case to illustrate a number of themes related to this looking at the hospital sector as an example.


Findings
The proposition is that a symbiotic co-evolution scenario will emerge. A mix of the classic ideal model and practice of the service professionals' provision of services and the digital society's model of the provision of services is the most likely scenario in the years to come. Furthermore, Data-driven management (DDM) as an integrated key element in a symbiotic co-evolution creates (opens up) participatory environments and spaces for the main actors and agents associated with the provision of welfare services to the citizens.


Research limitations/implications
DDM's impact on the provision of welfare services is still being realised and worked out, and more empirical research is needed before it is possible to point at the most likely scenario. However, according to the authors' analytical framework, the institutional logics perspective, as presented in Section 2, a symbiotic co-evolution is most likely such that DDM will constitute a new logic within the provision of welfare services on the basis of which citizens as end-users could be provided with welfare services, but it is not likely that the new logic of DDM can displace the classic service professionals' model of the provision of welfare services. Therefore, the new logic of DDM will be combined with and integrated into the existing logics within service provision, such as the Weberian bureaucracy, the Street-Level Bureaucracy, the New Public Governance and the Market. In spite of this, DDM can successfully be promoted by international management consulting firms, as a management concept which can remedy all the problems of the classic service professionals' model of the provision of welfare services to citizens.


Practical implications
As a consequence of this, new relationships among professionals, data analytics, (middle) managers and citizens will be created regarding the provision of welfare services. Considering the new participatory environments and spaces and the new relationships among the classic service professionals, the data analytics, the (middle) managers and the citizens as end-users, the provision of welfare services may become an arena for negotiation of a new future model of the provision of welfare services to citizens.


Originality/value
The digital society has emerged from and developed further via: digitising, online information in almost real time, algorithms, data-informed decision-making processes, DDM and, ultimately, big data. The authors expect to see further digitising, more sophisticated algorithms and more big data. The authors suggest that a new model of the provision of welfare services to citizens will emerge from the development of the digital society. The authors also suggest that this new model will compete with the classic model of the provision of welfare services.

For decades, the use of vouchers has been widely debated. But often lost in the heat of debate is the fact that vouchers are just another tool in the government's tool chest, a restricted subsidy that falls somewhere between the extremes of cash and direct government provision of services. The instrument itself is not new-the 1944 GI Bill of Rights was a voucher, and vouchers for food, college aid, and housing have been in place for decades. Until now, however, the study of vouchers has been restricted to a few controversial applications. This volume, which grew out of a conference sponsored by the Brookings Institution, the Urban Institute, and the Committee for Economic Development, fills the gap, offering a framework for comparative analysis of specific policy issues related to vouchers. Its 16 essays address the economics, politics, and legal issues of voucher use and explore how vouchers are currently employed in the United States and abroad for education, child care, job training, housing, and health care. C. Eugene Steuerle is a senior fellow at the Urban Institute and has worked under four different U.S. presidents on a variety of reform issues in such areas as social security, budget, tax, and health policy. Robert D. Reischauer, a senior fellow in Economic Studies at the Brookings Institution, was director of the Congressional Budget Office from 1989 to 1995. George Peterson is a senior fellow at the Urban Institute; from 1976 to 1985 he directed the Institute's Public Finance Research Center. Van Doorn Ooms, senior vice president and director of research at the Committee for Economic Development, was formerly executive director for policy and chief economist of the Committee on the Budget, U.S. House of Representatives, 1989-1990, and was the Budget Committee's chief economist from 1981 to 1988

Bill introduced by the Texas House of Representatives relating to the provision of services by the Department of Family and Protective Services, including child protective services and prevention and early intervention services.

This reflection article deals with the principle of transparency of the state contracting regime in Colombia, understanding that one of the main problems that is observed on a daily basis is political corruption that absorbs the country so much, especially regarding state contracting. This is how it should be established through this study whether or not there is real compliance with the objective proposed by the constitutional norms and Colombian legislation on state contracting. According to the topic and proposed problem, the following question was raised: How has the principle of transparency in state contracting been applied in Colombia in accordance with Jurisprudence, doctrine and the same regulations? The development of the article was carried out from a documentary research perspective, bearing in mind that it is a reflection article, therefore bibliographic references were consulted, regarding the subject, by doctrinal authors and research carried out. As a general objective, it was proposed to analyze from Colombian jurisprudence, doctrine and regulations the application of the principle of transparency in contracts for the provision of services in institutions. ; El presente artículo de reflexión trata sobre el principio de transparencia del régimen de contratación estatal en Colombia, entendiendo que una de las principales problemáticas que se observa a diario es la corrupción política que tanto absorbe al país, especialmente en cuanto a contratación estatal. Es así, como se debe establecer mediante el presente estudio si se está dando o no un verdadero cumplimiento del objetivo propuesto por las normas constitucionales y la legislación colombiana en materia de contratación estatal. De acuerdo al tema y problemática propuesta se planteó el siguiente interrogante: ¿Cómo se viene aplicando en Colombia el principio de transparencia en la contratación estatal de acuerdo a la Jurisprudencia, la doctrina y la misma normatividad? El desarrollo del artículo se realizó desde una perspectiva de la investigación documental, teniendo en cuenta que se trata de un artículo de reflexión, por consiguiente, se consultaron referentes bibliográficos, respecto al tema, de autores doctrinantes e investigaciones realizadas. Como objetivo general se propuso el analizar desde la jurisprudencia, la doctrina y la normatividad colombiana la aplicación del principio de transparencia en los contratos de prestación de servicios en las instituciones.

This article examines the provision of family planning services in selected countries in the Caribbean. The potential impact of the funding shortfall resulting from the phasing out of funding by the International Planned Parenthood Federation (IPPF), and the strategies being adopted by the selected countries to cope with this, are considered. Stratified random sampling methods were employed to select eight Caribbean countries and a pre-designed questionnaire was administered to the agency responsible for family planning services in each country. The sample was stratified geographically to include countries from different parts of the Caribbean. The questionnaire was designed to collect information on the services provided, the name of the agency responsible for the provision of services and, where possible, the number of users of each type of service in 1998 and 1997. Vast disparities were found in the provision of family planning services in different Caribbean countries, in terms of the groups involved, the services available in each country, as well as methods of data collection and compilation. Anguilla and Bermuda were found to provide only limited family planning services, while Barbados, Jamaica and Grenada provide much more sophisticated services. A salient finding was the innovative approaches that various countries in the region have adopted to fund family planning programmes in anticipation of the phasing out of IPPF funding. The standpoint taken in the study is that countries such as Anguilla and Bermuda must strive to improve their provision of family planning services, and that they could learn from Barbados, Grenada and Jamaica, which provide much more comprehensive services. It is also concluded that, unless alternative funding sources are identified and accessed, the provision of family planning services in the Caribbean is likely to decline in the future.

Секция 2. Международное право: теория и практика применения в современных условиях ; В Европейском Союзе (ЕС) на данный момент, как и в Евразийском экономическом союзе (ЕАЭС) действует свобода предоставления услуг. Актуальность данной статьи обоснована высокой значимостью рынка услуг в интеграционных объединениях, а также тем, что процесс либерализации предоставления услуг является одним из самых неравномерных. В статье представлен сравнительный анализ правового регулирования свободы предоставления услуг в ЕС и ЕАЭС, на основании которого выявлены сходства и различия в подходах к правовому регулированию данной свободы. ; Nowadays in the European Union (EU), as in the Eurasian Economic Union (EAEU), freedom to provide services exists. The relevance of this article is justified by the high importance of the services market in integration associations, as well as by the fact that the process of liberalization of the provision of services is one of the most uneven. The article presents a comparative analysis of the legal regulation of the freedom to provide services in the EU and the EAEU, on the basis of which the similarities and differences in the approaches to the legal regulation of this freedom are revealed.

We analyze the economic consequences of strategic delegation of the right to decide between public or private provision of governmental service and/or the authority to negotiate and renegotiate with the chosen service provider. Our model encompass both bureaucratic delegation from a government to a privatization agency and electoral delegation from voters to a government. We identify two powerfull effects of delegation when contracts are incomplete: The incentive effect increases the incentive part of service providers' remuneration and we show that strategic delegation may substitute formal incentive contracts. The bargaining effect improves the bargaining position vis a vis a private firm with market power and leads to a lower price for the service

Public transport plays an important role in improving mobility for persons with visual impairment. Commercial drivers are major stakeholders in ensuring that there are efficient and accessible public transport systems on university campuses that have a relatively high number of persons with visual impairment. We conducted a cross-sectional survey among 90 taxi drivers who operate their services on the campus of a tertiary inclusion school. The drivers were surveyed on their knowledge and practices in providing services to persons with visual impairment. The findings show that 55 (61.1%) drivers knew how to identify a pedestrian with a visual disability by looking out for the white cane. A total of 77 (85.6%) drivers have also adopted the practice of stopping for pedestrians to cross the road. However, only 20 (22.5%) respondents agreed to reserve the front seat for the passenger with visual impairment. Participants were not knowledgeable on the sections of the disability act relating to the provision of transport services to persons with visual impairment nor the kind of punishment associated with breaching the rules. The study provides recommendations on how to bridge the gap between the demands of the disability act and the practices of commercial drivers.