General interest and types of regulation: Permanence and changeability of economic liberalism
In: Annals of public and cooperative economics, Band 70, Heft 2, S. 179-193
ISSN: 1467-8292
325216 Ergebnisse
Sortierung:
In: Annals of public and cooperative economics, Band 70, Heft 2, S. 179-193
ISSN: 1467-8292
In: Journal of public policy, Band 22, Heft 3, S. 271-297
ISSN: 1469-7815
Regulatory reform is often seen as a road paved by good intentions, but leading to 'policy hell'. The example of the railways seems to represent a prime example of regulatory failure, not only in Britain but also in Germany. This article analyses the notion of 'regulatory failure' in the railway domain by taking an analytical and a comparative perspective. First, it introduces a variety of explanations as to why regulation can go wrong. Second, it considers the design and the consequent evolution of the regulatory regimes for the railways in Britain and Germany since the early 1990s. Both countries offer similar life-cycles of regulatory reform, however differing in design, perceived failures and advocated solutions. Finally, it discusses how the literature on regulatory failure contributes to the understanding of British and German railway regulation and argues that any regulatory regime is not only characterised by a conflict of interests, but also by conflicts of standards of appropriateness that lead to inherent tension and potential causes for failure.
In: Сибирский экологический журнал, Band 23, Heft 1
In: Journal of public policy, Band 22, S. 271-297
ISSN: 0143-814X
Analyzes and compares evolution of policy reform, and regulatory regimes with privatization of British and German railways since the early 1990s, the notion of "regulatory failure", and its design.
In: Industrielle Beziehungen: Zeitschrift für Arbeit, Organisation und Management, Band 14, Heft 4, S. 289-315
ISSN: 1862-0035
"Kritiker des deutschen Flächentarifvertragssystems fordern eine stärkere
Nutzung betrieblicher Verhandlungslösungen. Die Folgen einer solchen Abkehr vom System
der Flächentarifverträge (Verbetrieblichung) hätten vor allem die Betriebe und deren Akteure
zu tragen. Der vorliegende Beitrag beschäftigt sich mit der Frage, wie Manager und Betriebsräte
zur Verbetrieblichung stehen und welche Folgen sie mit einer Verlagerung der Verhandlungen
auf die Betriebsebene verbinden. Dabei wird insbesondere untersucht, welchen
Einfluss die im Betrieb existierende Regulierungsform (Formen der Tarifbindung bzw. Nichtbindung)
auf die Verbetrieblichungsneigung hat. Als Datenbasis dient eine Befragung von 1000
Managern und 1000 mit ihnen in Verhandlungsbeziehungen stehenden Betriebsräten. Deskriptive
und multivariate Analysen zeigen, dass Betriebsräte deutliche Gegner und Manager deutliche
Befürworter der Verbetrieblichung sind. Bei den Managern zeigt sich ein deutlicher Effekt
der Regulierungsform. Bei ihnen ist die Neigung zur Verbetrieblichung höher, wenn der Betrieb
bereits einen hohen Verbetrieblichungsgrad aufweist." (Autorenreferat)
In: Zeitschrift für die gesamte Staatswissenschaft: ZgS = Journal of institutional and theoretical economics, Band 139, S. 452-472
ISSN: 0044-2550
In: Press, film and radio in the world today
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Band 0, Heft 138, S. 8-16
ISSN: 2414-990X
The article deals with topical issues of legal recognition of a new type of human rights – somatic rights as rights that appeared in connection with the rapid development of biomedical science. This has given rise to a number of difficulties since these rights are characterized by a purely personal nature and close relationship with the physiological nature of a person. The concept of bioethics is given as an emerging social institution, the meaning of which is to regulate conflicts arising in the field of new medical technologies, on the one hand, and directly with the individual and society on the other. The purpose of this article is to consider the main types of somatic rights, their characteristics and definition, as well as some normative legal acts on the regulation of this type of legal relations in Russia and abroad. Human rights are not a fixed category. Human rights standards have historically emerged, changed and developed in the process of development of society and statehood. Legal constructions characterizing a person as a subject of law with an inherent set of rights, duties, and freedoms were formed at each historical stage in the development of human rights and freedoms. The institute of human rights is in constant development, aimed at expanding the number of rights and freedoms, as well as improving existing ones. Currently, law enforcement agencies do not have the task of expanding existing rights and freedoms. An important point in the development of the last generation of the institute of human rights is to ensure and guarantee the protection of human and citizen. Human rights must be realized in accordance with modern ideas, the current level of development of society, the new challenges they face and the new requirements of democratic development. Theoretical approaches in the field of somatic rights classification, as well as international legal and national regulation of this problem, are investigated using the system, structural and functional methods.
BASE
УДК 342.9The subject. In the context of the ongoing administrative reform in the Russian Federation the issue of self-regulation is becoming increasingly important.Introduction of Institute of self-regulation is intended to reduce the degree of state intervention in private spheres of professional activity, to eliminate excessive administrative barriers, reduce government expenditures on regulation and control in their respective areas of operation, which is especially important in the current economic conditions.However, in Russian legal science is no recognized definition of "self-regulation", but a unity of views on the question of the relationship between self-regulation and state regulation of business relations.In this regard, the author attempts to examine the concept of "self-regulation" through the prism of knowledge about public administration.The purpose of the article is to identify the essential features and to articulate the concept of self-regulation by comparing it with other varieties of regulation.Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal).Results, scope. Based on the analysis allocated in the science of administrative law approaches to the system of public administration justifies the conclusion that the notion "regulation" is specific in relation to the generic concept of "management" and is a kind of management, consisting in the drafting of rules of conduct and sanctions for non-compliance or inadequate performance.In addition, the article highlights the problem of the genesis of self-regulation, building a system of principles of self-regulation, comparison of varieties of self-regulatory organizations among themselves.Conclusions. The comparison of self-regulation other types of regulation (such as state regulation and co-regulation) highlighted the essential features of this phenomenon and the place of self regulation in the system of public administration. Based on the above characteristics formulated the author's definition of self-regulation. Self-regulation is proposed to understand the management activities carried out by self-regulatory organizations, and consisting in the development and establishment of standards and rules of professional activity, as well as sanctions for non-compliance or inadequate performance. ; УДК 342.9Статья посвящена рассмотрению саморегулирования через призму знаний о публичном управлении. На основе анализа выделяемых в науке административного права подходов к системе публичного управления обосновывается вывод о том, что понятие «регулирование» является видовым по отношению к родовому понятию «управление» и представляет собой вид управленческой деятельности, состоящий в выработке правил поведения и установлении санкций за их неисполнение или ненадлежащее исполнение. В результате сравнения саморегулирования с иными разновидностями регулирования автор выделяет существенные признаки данного явления.
BASE
Recently, more and more attention has been paid to the legal regulation of artificial intelligence. Yes, in many countries today, innovations of modern technologies are used: technical filling for a smart home, unmanned cars, lawyers-bots, etc. - this testifies to the growing role of artificial intelligence in society. In one of his interviews, I. Musk, referring to artificial intelligence, noted that the modern development of IT technologies necessitates the need for a full study of artificial intelligence as an object of law, its features, types and opportunities. The purpose of the article is to investigate artificial intelligence as an object of legal regulation, to define its concept, features and types. This paper examines the positions and arguments of scientists regarding the possibility of the relation of artificial intelligence to the object of law, to determine its types and features. Artificial intelligence (artificial intelligence) is understood as the ability of automatic systems to assume human functions to choose and make optimal decisions based on previous life experience and the analysis of external influences At the doctrine level, there are two classifications of AI, the difference being that some scientists distinguish "superintelligence" as a form of AI, while others do not. In our opinion, the classification of AI into two types is justified: "weak" - can perform only cognitive tasks, using a pre-written algorithm of actions, without deviation from it, and strong - capable of independent learning and thinking, through continuous self-programming based on updated base of received material. The main arguments in favor of the fact that AI is by its nature gravitating to the objects of legal relations or instruments of their realization are, first, that AI is the result of the activity of a person in respect of which persons have certain rights and obligations; and, secondly, in view of the provisions of European Parliament Resolution 2015/2103, the subject of prosecution for damages caused by ...
BASE
In: Voprosy Ekonomiki, Heft 10, S. 50-65
In the author's opinion, the inner factor of the corporate conflict is the dual essence of the joint-stock property. It generates the contradiction between the property right given by the share of the company and administrative rights of the shareholder fixed in the mechanism of joint-stock relations. Basic kinds of corporate conflicts are considered, they are classified according to the purposes pursued by the conflicting parties, and also according to the subjects of conflict. The author notes that one of the problems of the solving corporate conflicts is the "deficit" of the state the presence of which should render stabilizing influence on corporations.
In: Eureka: social and humanities, Heft 2, S. 11-16
ISSN: 2504-5571
The article examines the essence of the reproduction of human capital process, reveals its main stages (phases) - formation, distribution, exchange and consumption. The specificity of each stage of reproduction of human capital is considered, which makes it possible to realize the need for purposeful investment in a person and study the problems of state regulation at each of the stages. The article also shows that the reproduction of human capital occurs at the individual, corporate and national levels. Based on the study of the literature, a classification of the types of reproduction of human capital has been developed. This allows investing in human capital in order to create high quality human capital for the country. The classification of the types of reproduction of human capital is considered according to such characteristics as: the scale of reproduction, the nature of labor resources, the direction of reproduction, the innovativeness of the reproduction process, the completeness of the reproduction process, stages (phases, stages) of the reproduction process and structural components. The expanded reproduction of human capital is disclosed in detail, on which the state regulation of the economy of the most developed countries of the world is focused. The article notes the importance of the reproduction of human capital in providing an innovative "breakthrough" in engineering, technology, organization of production and management. The influence of the process of reproduction of human capital on the development of the country's economy has been investigated. The necessity of enhancing the activities of the state to create conditions for the effective formation, distribution, exchange and use of human capital has been substantiated. The role of the state in the formation (accumulation) of human capital through public goods for a person and through the establishment of norms and rules created in society and contributing to the development of this society is presented.
SSRN
In: Research Handbook on Mergers and Acquisitions, Forthcoming
SSRN