Administrative Rules Research Articles

Military and Civilian Requisitions in Light of the Rulings of the Supreme Administrative Tribunal from 1923 to 1931

The institution of military and civilian requisitions is inextricably linked with the obligation to comply with public burdens and contributions, and it may be applied both in wartime and in peacetime. In-kind contributions in the form of requisitions by competent State authorities of items necessary to serve an unspecified public purpose, usually to meet the needs of the army, have from time immemorial been among the most onerous burdens to benefit the State. Requisitions – the subject of this analysis – constitute a means of searching for items that are of interest to the army and are a direct form of duty imposed on individuals to make them contribute to the public administration, thus constituting a breach of the principle of the inviolability of private property rights. The main focus of this discussion, however, is not an analysis of the substantive legal aspects concerning requisitions, but an analysis of the body of administrative rulings on these matters. Military requisitions constituted the basis of the system of wartime contributions that gave the State, through authorised bodies, the right to demand these contributions from the population, in particular the right to transfer to the State, in return for payment, ownership or the right to use movable and immovable property, directly or indirectly needed for the purposes of supplying the army and the state upon the outbreak of war or the ordering of a partial or general mobilisation. Some cases that found their way to the Supreme Administrative Tribunal in the first years of its existence resulted from complaints against the activities of military requisitioning bodies, mainly during the Polish-Bolshevik War. Civilian requisitions, on the other hand, became the subject of the rulings of the Supreme Administrative Tribunal as a result of complaints over the obligation to provide housing for servicemen and civilian officials in the first years of a reborn Poland, the direct cause of which should be attributed to the dramatic shortage of housing during the first years after the end of the First World War.

국방비리 근절 및 투명성 강화를 위한 제도개선 소요 연구

Defense corruption is a malignant illegality that interrupts the construction of normal military forces and endangers national security, and its impact is enormous considering our military situation facing North Korea. Although there have been numerous efforts to eradicate corruption, as corruption cases related to military projects continue to occur, public demand for fundamental measures to end them is increasing. The causes of corruption can be classified in various ways, such as institutional, structural, social, cultural, and personal factors, but this study was conducted under the recognition that in order to block defense corruption, systematic loopholes that cause corruption should be supplemented first in order to block defense corruption. Accordingly, domestic and foreign studies on systematic vulnerabilities that cause corruption were analyzed, and based on this, the systematic factors of corruption were divided into three areas: ‘information asymmetric corruption’, ‘power corruption’, and ‘practical corruption’. It diagnoses the root cause of corruption by type of corruption and proposes specific and practical measures to improve the system, such as “revision of laws and administrative rules” to improve it.

Kwestionowanie uzgodnień wysokości odszkodowania za działki wydzielone pod drogi publiczne na podstawie art. 98 ust. 1 ustawy o gospodarce nieruchomościami na etapie postępowania administracyjnego w przedmiocie ustalenia odszkodowania

Questioning the arrangements regarding the amount of compensation for land plots allocated for public roads under Article 98(1) of the Real Property Management Act at the stage of administrative proceedings to determine compensation The article presents the view in favor of the possibility (obligation) for investigation and questioning by the public authorities in the process of determining the compensation for land plots allocated for public roads, which have become the property of a local government unit or the Treasury on the basis of Article 98(1) of the Real Property Management Act, the results of arrangements regarding the amount of compensation reached through negotiations (civil law action) between the owner of the land plot allocated for a public road and the competent authority. The purpose is to demonstrate the situations in which such an investigation is necessary, and that it falls within the cognition of public authorities and administrative court rulings on compensation.

Prevention of Conflict of Interest Situations in Public Administration

In the last two decades in our country have been undertaken a series of policies to draft the necessary legislation to prevent and combat the phenomenon of conflict of interest as a tool to fight corruption and strengthen the integrity of institutions in the country. These policies for drafting the necessary legislation to address the conflict of interest are a requirement for the challenges of building the rule of law, an efficient and professional administration in the service of citizens and our country's obligations to the European integration process and membership in international organizations such as Council of Europe and United Nations. Legislation has changed continuously in recent years in an effort to adapt to the problems that have arisen during its implementation in practice. These efforts have materialized with the adoption of an entire legal and procedural framework. A comprehensive reform has also been made in the training and preparation of professional human capacities, for the responsible implementation of the law in this stage. The concept of continuous conflict of interest is the situation in which a conflict of interest may recur repeatedly and/or frequently in the future. Legislation for the prevention of conflict of interest has provided the obligation of every official to take active and effective measures, at the most effective time to avoid conflict of interest situations. However, the impact of all these efforts has not been sufficient and effective and the conflict of interest remains a complex challenge and issue to be addressed and resolved.
 
 Received: 23 September 2022 / Accepted: 27 November 2022 / Published: 20 December 2022

The effects of a structured educational program on preparedness for self-employed careers in Italian undergraduate nursing students.

In the Italian and also international contexts, there is a paucity of evidence testing whether a structured educational intervention delivered from remote might be useful in increasing the levels of preparedness for self-employed careers among third-year nursing students, despite freelance nursing careers are a promising component of the current labour market. This study aimed to test the effects of a structured educational program on the preparedness for self-employed careers in Italian undergraduate nursing students. The study was quasi-experimental and nonrandomized and employed a pre/post-intervention approach with convenience sampling. Data were collected before the structured education program was delivered (T0) and up to one day after the instruction was delivered (T1). In this study, 717 third-year nursing students were enrolled. The most significant difference between T0 and T1 was in the domain of knowledge about pensions and retirement issues, followed by administrative rules knowledge. There were substantial variations between T0 and T1 in the area of logistic characteristics in determining the price of a freelance nursing activity, as well as scores in the domain of care complexity in determining the price of the independent nursing occupation. This study proved the short-term impacts of a structured educational program on enhancing levels of preparation for self-employed professions among Italian undergraduate nursing students. This topic requires more attention as the demands of prepared healthcare workers to undertake self-employed careers necessitate a greater capacity to properly educate nursing students for self-employed occupations within their undergraduate path.

Typing Analysis and Normalization Construction of Administrative Rating

Administrative rating is widely used in administrative management activities as a means of classifying supervision, which not only investigates the previous performance or status of rating objects in established fields, but also provides a reference basis for subsequent regulatory behaviors, resulting in the risk of abuse. Administrative rating should have its legality and legitimacy if it is to operate under the framework of administrative rule of law. Therefore, it is necessary to introduce principle of legality, principle of proportionality and principle of remedies to construct the scope of application areas of administrative rating, information collection and processing system in rating and right relief based on the lack of administrative rating norms in application, procedure and relief.

THE UPGRADING OF TEACHER TRAINING INSTITUTIONS IN GHANA TO COLLEGES OF EDUCATION: IMPLICATIONS ON TUTOR JOB SATISFACTION AND COMMITMENT

The study sought to explore tutors’ job satisfaction and commitment in the face of the continuous attrition of tutors in Colleges of Education to the Public Universities while Colleges of Education have been upgraded to tertiary level. Eighty-five tutors purposively selected from two Colleges of Education in Ghana constituted the sample for the study. A descriptive survey design was used to provide description of issues related to Job Satisfaction and Commitment among tutors working in Colleges of Education in Ghana. A questionnaire was used to collect data for the study. The results of the study revealed that a majority, of tutors were satisfied with the procedures for promotion since it did not hinder progression. A majority of tutors were satisfied with administrative rules and procedures since they were used as guide to solutions. A majority of tutors were also satisfied with their principal’s actions since they attended to their needs. However, a majority of tutors were not satisfied with vehicle maintenance, overtime, fuel and committee sitting allowances. A majority of tutors were also dissatisfied with their salary compared to the inputs (skills, knowledge, ability and work load). Moreover, gauging the affective, continuance and normative commitment levels among tutors in the selected Colleges of Education for the study, affective commitment recorded the highest mean suggesting that tutors were emotionally attached to their colleges as well as identified themselves with their colleges. However, tutors recorded low mean in continuance commitment, indicating that they had no feelings of obligation to remain with the Colleges of Education. Consequently, it was recommended that the Government of Ghana through the Ministry of Education and the Ministry of Finance should ensure that compensations for tutors of Colleges of Education are as good as that of other public Universities and stakeholders of Colleges of Education should not focus only on monetary compensations in ensuring job satisfaction and commitment of tutors.
 Keywords: Job Satisfaction, Affective Commitment, Continuance Commitment, Normative 
 Commitment.

The Mechanism of the Impact of Export Trade on Environmental Pollution: A Study from a Heterogeneous Perspective on Environmental Regulation from China

The majority of the literature currently in existence on trade and pollution has concentrated on the analysis of both factors’ combined effects, and only a few studies have used heterogeneous environmental regulation as a starting point to investigate the underlying mechanisms of the impact of export trade on environmental pollution at the indirect level. We construct a mediating and moderating effect model using panel data from 30 provinces in China from 2002 to 2019 to investigate the mechanism of the effect of export trade on environmental pollution. Export trade produces large indirect inhibitory effects on environmental pollution only through market incentive-based restrictions, whereas the mediation impacts of government administrative and public monitoring laws are not significant. By interacting with elements such as technical innovation and energy structure, export trade can also negatively regulate its bad consequences on environmental degradation. According to the heterogeneity analysis’s findings, processing trade indirectly reduces pollution emissions by changing administrative rules and cutting emission costs, but general trade indirectly increases environmental pollution by favorably impacting market-based incentives regulations. The moderating effects of improving energy structures, industrial structure optimization, and R&D competition effects diminish the positive aggravating effect of general trade on pollution emissions, while processing trade has the opposite effect. The only means of controlling the harmful impact of processing trade on environmental degradation is through interaction with technical progress.

A Comparative Examination of Vocational Education Teacher Qualifications and Preparation Between Finland and the State of Ohio in the United States

Working between the formal education system and workplace, vocational education teachers contribute to the growth and development of a country’s future workforce. Using interviews of university professors, examination of legislation and administrative rules and information obtained from applicable websites, this article compares two different teacher education systems for the preparation of vocational teachers in the country of Finland and the state of Ohio in the United States. Findings indicate both systems have commonalities as well as significant differences. This comparison will contribute to a better understanding of vocational teacher education from an international perspective and examines such aspects as qualification requirements for vocational education teachers, the institutions providing teacher preparation and the content of the teacher training programs. A discussion of the vocational education systems in both settings is also provided for background and context.

Main requirements for ventilation of different rooms on the ships

The ventilation system is vital for the good functionality of the vessels and its purpose is to ensure the requested environmental condition for equipment and people. In addition, the ventilation system is assuring the safety of the vessels by reducing the concentration of the flammable and toxic gases which can escape from the equipment, systems, and storage tanks. Also, in case of fire, the ventilation system must be able to extract the smoke from engine rooms and public atriums spaces in passenger's vessels. The paper is a short over-view of the main requirements and recommendations for ventilation systems of different compartments on the vessel and different types of vessels. The requirements related to the safety of the vessel and people on board are stated in Class and IMO / Administration rules and regulations while the calculation of the air flow needed to remove the heat radiated inside the room is indicated in ISO standards.

EFEKTIVITAS PROGRAM PELAYANAN ONLINE KEPENDUDUKAN DALAM MENINGKATKAN KUALITAS PELAYANAN PUBLIK (Studi Kasus Pada Dinas Kependudukan dan Pencatatan Sipil Kabupaten Gresik)

The purpose of this study is to determine the effectiveness of the Poedak application program that has been running so far. The research method used in this study is descriptive qualitative by describing phenomena or events that occur in the field. The research focus is related to the effectiveness of the Poedak application program using Budiani's theory (program objectives, program outreach, program objectives, and program monitoring) and the implementation of services using the Poedak application, including the supporting and supporting factors. Data collection was carried out using observation techniques, interviews, document collection, and visual documentation materials. The results obtained in the study showed that the Poedak application program was running quite effectively based on the indicators used by the researchers. However, there are several achievements that have not been maximized. There are several points that need to be improved so that it can be said to be optimal. As in the socialization of the program that is carried out less optimally. Through the research process carried out, several suggestions were found that researchers could provide, namely by optimizing the socialization of the Poedak application program to the public, adding information on the official Disdukcapil website about the Poedak application program, and clarifying procedures and administrative rules related to filing services online.

Optimizing Computer Adaptive Test Performance: A Hybrid Simulation Study to Customize the Administration Rules of the CAT-EyeQ in Macular Edema Patients.

In previous research the EyeQ item bank, which measures vision-related quality of life (Vr-QoL), was calibrated for future use as a computer adaptive test (CAT). The aim of the current study was to define optimal administration rules. CAT simulations were performed using real responses. Patients (N = 704; mean age, 76.2 years), having macular edema completed the EyeQ. Four CAT simulations were performed, which were set with different administration rules regarding length, accuracy level and the association with best health, which means the test was aborted after the first 4 responses of having no complaints. The CATDefault showed a mean test length of 6.9 and 15.1% unreliable estimations. Extending the test length to 15 items (CATAlt1) resulted in a mean test length of 7.3 and slightly decreased the percentage unreliable estimations (11.5%). Under CATAlt2, the percentage unreliable estimations was 15.1% and the mean test length was 9.7. Percentages of floor/ceiling effects for CATDefault, CATAlt1, and CATAlt2 were 3.1, 3.0, and 3.1, respectively. CATBestHealth reduced the mean test length to 5.9 and showed 18.2% unreliably estimated patients, of which 14.2% had floor/ceiling scores. This study shows that the CATBestHealth provided reliably estimated ability scores, with a negligible increase in the number of unreliably estimated patients and ensures that patients having little or no vision-related quality of life problems are minimally burdened with completing items. The computer adaptive test EyeQ, set with optimal administration rules, can now be used for the computer adaptive assessment of vision-related quality of life in patients suffering from exudative retinal diseases in ophthalmic clinical practice.

Assessment of modifications to evidence-based psychotherapies using administrative and chart note data from the US department of veterans affairs health care system.

The US Department of Veterans Affairs (VA) has over 15 years of experience in delivery of evidence-based psychotherapies (EBPs). This paper describes strategies for using clinical documentation and administrative data to understand adherence and modifications to EBPs for Posttraumatic Stress Disorder (PTSD). This study focused on two EBPs for PTSD, Cognitive Processing Therapy (CPT) and Prolonged Exposure (PE). The sample included VA therapists from across the US who provided CPT and PE and the patients they treated over a 1-year period. The data sources for this study were templated EBP chart notes and VA administrative data. We used a manual review of note content and administrative data rules to code therapy adherence and modifications in 7,297 EBP sessions for 1,257 patients seen by 182 therapists. Two trained coders rated each therapy note and resolved discrepancies through consensus. To contextualize and explain variation in adherence and modifications, we conducted brief 30-45-min semi-structured interviews with a purposive subsample of these therapists (n = 32). Combining manual chart review and administrative data allowed for identification of 11 types of modifications. Raters disagreed on adherence for 30% of notes. The disagreement stemmed from the presence of therapy modifications that were not clearly documented, necessitating the development of decision rules and strategies for modification coding. Both therapists and patients contributed to the variance in the extent to which different modifications occurred. Therapist interviews demonstrated therapist awareness of modifying the protocols in the ways identified through chart review. Healthcare systems can use data collected as part of routine care to understand how and when EBPs are modified but need to develop scalable strategies to document adaptations and modifications to EBPs in routine care.

Legislative opportunities and barriers in stormwater management in urban areas in Poland

At present, stormwater management is one of the key issues in urban policy. This is due to the increasing urbanisation, climate change, the growing threat of extreme (weather) events and the need to protect water resources. Legislation plays an essential role in the process of project planning and implementation. The recognition of opportunities and barriers contained in these regulations forms the basis for action by the central government, local authorities and investors. The article aims to analyse legal provisions, administrative decisions and factual circumstances that provide the foundation of administrative court rulings in Poland and regard the legal possibilities of rainwater management in urban areas. The adopted research method allows for/includes the author’s interpretation and formulation of de lege ferenda conclusions. The results of analyses of both European and national legislation and case law indicate that there is a problem with the interpretation of existing legislation and the lack of legal definitions of basic equipment and solutions in the field of water law, for instance. Such legal circumstances make it difficult to make the required legal decisions, and have a negative impact on the timing of implementation and number of these muchneeded projects.

Institutional similarity drives cultural similarity among online communities

Human organizations are driven by their rules and cultures. But the effects of rules and cultures on organizational development cannot be understood without untangling their effects on each other. People’s values are contingent on how they have been enculturated within organizations. Conversely, their values may influence the organizations they join, particularly in online community settings, where users have thousands of organizations to choose from and exert selection pressure in favor of communities with favorable rules. Using longitudinal data on the rules systems of thousands of online communities, as well as the traffic of millions of users between them, we use techniques from network science to disentangle the relationship between cultural assimilation and institutional assimilation. We find that institutional similarities in administrative rules and informational rules drive cultural similarities. We discuss implications of these findings for research on organizational evolution, institution and culture, and the use of tracking data in organizational studies.

POLITICAL RIGHTS IMPLEMENTATION OF UKRAINIAN CITIZENS AMID COUNTERACTING THE COVID-19 EPIDEMIC

Among the catalog of political rights of citizens of Ukraine, the COVID-19 epidemic made significant adjustments to the implementation of only two – the right to participate in elections (the opportunity to participate in government and public affairs) and the right to participate in peaceful assemblies. Instead, the other political rights (right of appeal, right of association, etc.) were subject to minimal restrictions, which were offset by electronic means of appeals, inquiries, and administrative services. The local elections held in Ukraine on October 25, 2020, testified to the readiness of the Ukrainian state to conduct democratic procedures in difficult epidemic conditions. For this purpose, special regulations were adopted and appropriate security measures were applied. Although voter turnout was expected to be low, an objective opportunity to exercise their right to freely choose and be elected was created and ensured. The campaigns discussions and debates continued mainly online. However, the voting itself took place on election day and without the use of alternatives technologies (electronic voting, voting by mail, on behalf of, etc.). At the time of the epidemic, the right to peaceful assembly was being severely restricted in Ukraine. The quarantine resolutions of the Cabinet of Ministers of Ukraine set various restrictions on the concentration of people (initially not more than 200, and later – not more than 10), and hence the possibility of full-fledged meetings. Although these provisions were by-laws and inconsistent with the Constitution of Ukraine, law enforcement agencies were largely guided by them and opposed the assembly. Judicial practice did not solve this problem either, as administrative rulings and protocols were revoked by courts on formal grounds, and not due to the unconstitutionality of the quarantine restriction.

Investigation on identify the multiple issues in IoT devices using Convolutional Neural Network

The Internet of Things (IoT) is an innovative technology that makes it possible for physical objects like sensors, cameras, household appliances, and other objects to interact and communicate with one another. The Internet of Things (IoT) devices may exchange critical data, which makes battery/power, connectivity, and security issues crucial. An automated system for identifying and reporting abnormalities to a central controller is a prerequisite for this. In order to distinguish between approved and legitimate IoT devices, this method should be able to. IoT devices that are malicious, non-IoT devices that are malicious, and other man-in-the-middle traffic sources must all be isolated to prevent noncompliance. For improved QoS management, this aids in the formulation of administrative rules and the regulation and enforcement of network traffic. A framework-based Convolutional Neural Network (CNN) is suggested in this research to discover the aforementioned problems in IoT devices. A system that classifies IoT devices into their respective categories and reliably identifies new entries has been developed based on CNN. The findings demonstrate that CNN is capable of classifying IoT devices into the appropriate categories with the necessary accuracy as well as identifying between IoT and non-IoT devices with better accuracy.

Government transparency: Monitoring public policy accumulation and administrative overload

Democratic governments maintain their legitimacy by answering demands to solve societal problems, thus continuously adopting and implementing new policies, programs, and administrative rules. One possible consequence of this democratic responsiveness is policy accumulation and rule growth, thus overloading administrative resources and, ultimately, impairing policy implementation. The aim of this exploratory research is twofold: first, to analyse the relationship between government transparency and policy accumulation; second, to develop a government transparency framework aimed to monitor public policy accumulation and one of its major consequences, administrative overload. To illustrate the proposal and its applicability, the framework was used to guide the analysis of the Portuguese case, revealing the absence of a comprehensive approach to the overload problem, and identifying relevant components for a future monitoring system. The framework, and the analysis it provides, are intended to guide government transparency initiatives which address the public policy accumulation and administrative overload problem.

Space matters: reducing energy disparity in Nepal through spatially equitable renewable energy subsidies

:Affordability is a major barrier to the adoption of clean energy technologies in low-income countries, which is partly why many governments provide subsidies to offset some of the upfront (installation) costs. However, simple administrative rules might not fully account for economic geography, resulting in lower subsidies for remote areas. Using regression analysis on a rich dataset of adoption, cost and subsidy for about 4000 Nepalese Village Development Committees over 22 years, we show that administratively determined lumpsum subsidies disproportionately hurt remote communities. Simulations show that adjusting the subsidy spatially to reflect the geographic cost of living, can increase clean technology adoption. Thus, spatial targeting of subsidies is key to accelerating energy access in remote settings such as the Hindu Kush Himalaya.

Appeal against administrative rulings in Jordan

The Jordanian legislator adopted the principle of double judiciary and permitted the appeal against judgments issued by the Administrative Court. The Supreme Administrative Court has the authority to control the law and fact. Whenever the judgment marred with one of the reasons for nullity stipulated in the law, the court has the power to annul or amend the judgment. When the Supreme Administrative Court considers the appeal, it takes the position of the Administrative Court. It adheres to the scope of the litigants and does not accept any new request that the litigants did not raise before the Court of First Instance. Also, it has the authority to stay the execution of the judgment appealed judgment as an exception.