Contracting Research Articles

Increased Participation of Organizations in the Sphere of Building Materials Production in Public Procurements

The research considers public procurement, which is one of the most important institutions of the public sector and a key mechanism for interaction with business structures. In the conditions of any type of economy, the state acts as the largest consumer of goods, works, services for public needs. In connection with the global trend of moving from traditional procurement, characterized by close cooperation, to a new order of budget constraints and the need to effectively meet public needs in conditions of limited resources, the principles of public procurement are changing. The issue of developing and implementing approaches to the effective management of participation in public procurement in commercial supplier organizations comes forefront. The content analysis and the literature review revealed that the issues of improving the mechanism of state (municipal) procurement in the Russian Federation as a whole have been studied from the point of view of improving legislation, eliminating methods of unfair competition in the contract system, and fighting corruption , strengthening control, stimulating the development of small and medium-sized businesses, etc. At the same time, the previous research did not examine the issues of analysis and assessment of the current state of the regional public procurement mechanism in conjunction with all-Russian trends, as well as local problems faced by individual customers and suppliers. The current study analyzes the issues of developing participation in public procurement of enterprises of manufacturers in the production of building materials based on an analysis of current trends in this area.

Aspek Keadilan Dalam Klausula Baku

Banks in carrying out credit provide a credit agreement in which standard clauses of standardization have been set by the bank. A standardized agreement means that the contents of the agreement are certain, then the party who standardized the agreement provides a printed form which is then given to the consumer or debtor for approval. With this, the debtor cannot negotiate beforehand about the contents that have been stated in the form and can only agree or not regarding the content of the agreement. Standard clauses are contained in Article 1 paragraph (10) of the Consumer Protection Act which contains: “Standard clauses are any rules of provisions and provisions that have been prepared and determined in advance unilaterally by business actors as outlined in a document and/or a binding agreement and must be met by consumer. The position of the bank that i higher than the debtor from an economic and social perspective must have legal protection that regulates it in order to achieve justice for all parties with a stronger bargaining position tends to dominate the party with a weaker bargaining position. This imbalance requires legal intervention to provide firm legality of legal products.Keywords : Credit Agreement; Standard Clause; Consumer Protection.

Relational practices and performance contracts in public organizations in Kenya: A case of Kenya revenue authority

Kenya adopted Performance Contracts as a tool not only to improve performance but also torefocus the mindset of the civil service from looking within to focusing on customers andresults. The push factor for introduction of performance contracts in Kenya is the assumptionthat institution of performance measurements, customer orientation and an increased focustowards incremental productivity and cost reduction can lead to improvements in servicedelivery. The purpose of this research was to examine the performance contracts applicationat the Kenya Revenue Authority as well as the efficacy of the instrument in improvingperformance. The main objective was to determine the influence of Performance Contractingprocesses on performance management. The study adopted descriptive design and targeted120 employees of the organization who were based in the Head office; stratified samplingmethod was used.Data was collected using a questionnaire which contained both structuredand unstructured questions. The data was analyzed by descriptive statistics such as mean andstandard deviation. Inferential statistics such as regression was also carried out. The dataanalysis process was aided through a Statistical Package of Social Sciences. The data waspresented using tables and graphs. The study found out that performance contract had helpedimprove service delivery in KRA and that majority of the employees had participated intraining/ sensitization workshop on performance contracting. However there was no clarity inunderstanding how training needs for individual employees were arrived at.
 The study also established that majority of the employees were not involved in the process ofperformance targets setting. The study concludes that KRA did not involve the employees inall stages of drawing work plans and this led to drawing targets that were not in line withindividual roles. It was also concluded that the follow up by the top management on theimplementation of the set targets was not extensive. The study recommends that theorganizations should establish and adopt performance contract system that provideopportunities to the management in identifying staff training needs, identify performancetargets, and improve employees‘ performance. There is also need for increased training andsensitization programmes and increased involvement of all the employees in the processperformance contracting.

Does contract farming enhance farm efficiency? A case of wheat growers of Haryana, India

This study tries to evaluate the returns to contract farming (CF) in the form of farm efficiency for both contract and non-contract wheat growers in Haryana, North India. Applying the data envelopment analysis and endogenous switching regression model on cross-sectional survey data from 754 wheat farmers, it finds that CF adopters are significantly more efficient than non-adopters. Further, it reveals that farmers who adopt CF would reduce their technical efficiency by 16% if they do not participate in it. But non-adopters would increase their technical efficiency by 12% if they adopt instead. This is attributed to CF provisions of higher quality inputs and improved production technology. However, results also indicate that a small percentage of farmers are dealing with some financial constraints, including delayed payment, high cost of inputs, and lack of timely access to financial assistance. This needs to be addressed adequately in order to enfold the smallholders in the ambit of contracting system.

The Impact of the Labor Cluster Job Creation Law on the Welfare of Indonesian Workers

The welfare of the working or labor community is a right for every individual worker. The workers or laborers have the same rights and wonders. The welfare of workers is basically the responsibility of the government and employers, in this case the responsibility of the government is divided into two, namely the central government and local government, the level of welfare of workers and workers varies in each region this is due to the minimum wage and cost of living in an area. The government brings a solution by passing Law number 11 of 2020 concerning Job Creation to reduce the gap in the gap between UMR wages and welfare at different levels in each region and alleviate economic problems in Indonesia. This study aims to discuss the impact of the job creation law on the welfare of workers in Indonesia. The research method used is descriptive-qualitative,yes ng where efforts to understand the literature process and analyze the existing laws and conclusions of the problems of job creation laws, especially the employment klister which is partly in the public spotlight because of controversial articles. The conclusion from the results of this study is that the impact of the Job Creation Law on the Employment Cluster itself is still reaping pros and cons from the community and the government. This happened because of the ratification of the Job Creation Law (UU) in the labor klister there are several articles that harm workers or workers in Indonesia, the article is about the distribution of wages, leave for workers, contract system, and severance pay received by workers. On the other hand, it is even feared to be a boomerang that can harm the community or labor.

Implementation of Obligations for Developers in Fulfilling Property Purchase Binding Agreements through Pre-Project Selling During the Covid-19 Pandemic

Implementation of Obligations for Developers in Fulfilling Property Purchase Binding Agreements through Pre-Project Selling During the Covid-19 Pandemic

The Balance Of Legal Position Of Farmers With Dairy- Producing Industries In The Contents Of Milk Deposit Contracts At KUD

The development of contract law gave birth to the principle of balance which states that a contract is binding as long as it is based on a balance of interests between the parties. The agreement is based on the terms of the validity of the agreement. The types of research are normative law, statutory approach and case approach. In conclusion, the contents of the contract on milk deposit at the KUD contain an agreement between the farmer and the milk-producing industry. In making a contract, the parties should have a balanced position, if they do not have a balanced position, it is possible that one party will dominate the other party. In the farmer's contract with the milk-producing industry, at the beginning of the contract (pre-contract) it appears that the bargaining position of the parties is balanced. If we look closely at the contents of the contract, there is an imbalance of position. The principle of balance has not been implemented properly, but the application of the principle of balance is indirectly contained in Article 1320 of the Civil Code, namely agreements, implementation in good faith and binding agreements with propriety, custom and law. Shows that in an agreement there should be a balance between the parties so as to create a sense of justice. An unbalanced contract has no binding force because it is contrary to good faith, a sense of justice, and propriety. As a result, an unbalanced agreement can be requested to cancel the agreement.

The Challenges of a Judicial Employment Contracting Approach in Fiji

This study examines the Government of Fiji's new public management (NPM) employment contracting system and its legal challenges. The article raises the question of whether Section 97 of Fiji's 2013 Constitution of the courts and all judicial officers being independent of the legislative and executive branches of government and the law is applied without fear, favor, or bias, is guaranteed under a contracting mode of employment for judicial officials. This paper investigates whether three-year performance contracts ensure the independence of Fiji's judiciary. After extensive analysis, the authors propose that permanent tenure provides greater protections for Fiji's magistrate court judges, high court judges, and judicial officials by allowing them to exercise their independent roles as stipulated in Section 97 of the 2013 Fiji Constitution.

Mekanisme Bagi Hasil dalam Usahatani Padi swah di Desa Bou Kecamatan Lambandia Kabupaten Kolaka Timur

This research is motivated by a cooperation agreement for the profit sharing system in paddy rice farming between land owners and land cultivators which is generally carried out only orally on the basis of trust, without witnesses, not registered by the village head, not ratified by the sub-district and no law binding agreements. The purpose of the study was to determine the profit sharing mechanism in paddy rice farming in Bou village, Lambandia district, East Kolaka regency and find out what obstacles were faced in the implementation of profit sharing for paddy rice farming in Bou village, Lambandia District, East Kolaka regency. The determination of this location is carried out intentionally or purposively with considerations, there are paddy rice farming activities that are managed with a profit-sharing system, profit sharing agreements are still carried out orally, and Lambandia district produces the largest paddy rice production in East Kolaka district. The population in this study was 21 land owners and paddy paddy cultivators in Bou village. The samples in this study amounted to 15 land owners and 15 land cultivators who carried out profit sharing in the cultivation of paddy rice farming. The data analysis used in this study is descriptive. Descriptive analysis is an analysis that explains as a whole the information obtained from the field obtained from interviews and uses tables that are easy to understand, interpret, and compile and present data into clear information where the necessary data comes from the results of answers to questions asked to respondents in the form of questionnaires.

Review of the Theory of Stable Matchings and Contract Systems

A review of works devoted to the theory of stable matchings or, more generally, of stable networks of contracts is given. A set (network) of contracts is called stable if no coalition has an available contract that gives all coalition members strictly more than the proposed set. In a special case, this concept was introduced in 1962 by Gale and Shapley and has since gone a long way in its development both theoretically (theorems, structures, and algorithms) and in the field of applications in economics, physics, biology, and mathematics.

Review of the Theory of Stable Matchings and Contract Systems

Review of the Theory of Stable Matchings and Contract Systems

Mediation agreements in civil law in the Republic of Kazakhstan

This scientific article discusses the concept and types of mediation features of the implementation of mediation based on a commission agreement. During the development of a market economy in the Republic of Kazakhstan, there is a need for a comprehensive study of the Treaty of commission, an institution of civil law, and the application of its scientific achievements in newly adopted regulations. At the same time, compiling these laws requires scientific elaboration of norms, elimination of contradictions, and additions to the existing law. Scientific work expands knowledge regarding the solution and development of legal issues of the contract of assignment, which is one of the conditions for the provision of services among civil law contracts, and mediation. In the system of civil legal contracts of the Republic of Kazakhstan, the arrangement of the commission has its role and place as a civil legal contract providing services. In the scientific article, with an analysis of the legal status of the commission agent as an intermediary and intermediary arising based on the commission agreement, the subject of the commission obligation considers the legal basis for the provision of services. A study is carried out to analyze the practical issues arising concerning the commission agreement. The relations based on the commission agreement are changing compared to the existing commission relations in previous periods. Keywords: commission agreement, the consignment agreement, concept of mediation, parties to the commission agreement, сommission obligation.

Application of Akad and Sharia Compliance to Online Shop Shopee in an Islamic Economic Perspective

The goal of this study is to clarify how contract law and shariah compliance are applied to the online store shopee in order to provide an overview and conclusions that can be recognized and understood regarding whether the shopee mechanism complies with Islamic economics. The approach taken is descriptive qualitative, and it entails reading the relevant literature and keeping an eye out on the Shopee platform. According to the study's findings, wakalah and ijarah contracts were used in the online shop shopee's contracting system. While regulations and policies for sharia compliance or sharia compliance from online shops like Shopee are implied and are written in clear, detail, and are in conformity with the terms and conditions in Islamic buying and selling.

Usage and Development of the Material Adverse Change Clause

“Material Adverse Change Clause” (hereinafter referred to as MAC clause) refers to a clause arranged in the contract during the acquisition and merger of company in order to provide the buyer with an opportunity to terminate the transaction when the conditions of the target.MAC clause plays an essential role in international M&A. Almost all cross-border M&A agreements include MAC clause, and both parties often spend a lot of time negotiating and writing this clause. However, MAC clause writing is complicated in practice, and MAC clause content is often unsatisfactory. First, this paper analyzes the concept of MAC clause as the starting point, from its role and common types of MAC clause to explain. Secondly, based on the relevant data of MAC clause in international M&A contracts in recent years, this paper analyzes the current situation of MAC clause use, especially the difference between the frustration system of use contract in the UK and the principle of change of use situation in China during the COVID-19 pandemic. Thirdly, starting from the case of LV's acquisition of Tiffany, this paper explains the use of MAC clause in actual cases and finds out the problems with its use. Finally, according to the above issues, this paper puts forward some suggestions for improving MAC clause and studies its development direction.

The Baire theorem, an analogue of the Banach fixed point theorem and attractors in T1 compact spaces

We prove that if X is a T1 second countable compact space, then X is a Baire space if and only if every nonempty open subset of X contains a closed subset with nonempty interior. We also prove an analogue of Banach's fixed point theorem for all T1 compact spaces. Applying the analogue of Banach's fixed point theorem we prove the existence of unique attractors for so called contractive iterated function systems whose Hutchinson operators are closed in compact T1 spaces.

Supply Chains in International Business Practices: Legal Characteristics

Over two thirds of world trade and production is carried out by multinational corporations and takes place in cross-border supply chains (global value chains). This figure reflects the scale and vastness of the geography of distribution of such systems. Global (cross-border) supply chains have attracted close attention from business and political circles, academic economists and sociologists. However, legal scholars have remained aloof from such debates. The paper is the first to integrate the concept of cross-border supply chains (global value chains) into domestic legal science. From a legal point of view, the supply chain is a multi-level (modular) system of contracts subordinated to a single goal and designed to centralize, organize and coordinate the management of the flow of production, supplies and services in the international business environment. An important feature of such contractual systems is their role as an intermediary in the dissemination of foreign legal norms, norms of non-state regulation, private standards and in the legitimization of socially significant attitudes.

Implementation of open dialogue in Germany: Efforts, challenges, and obstacles.

The Open Dialogue (OD) approach has been implemented in different countries worldwide. OD not only depends on therapeutic principles but also requires a distinct set of structural changes that may impede its full implementation. In Germany, OD is currently practiced in different mental health care settings across the country. Yet, full implementation of OD principles is limited due to the extreme structural and financial fragmentation of the German mental health care system. With this as a background, the aim of this study was to investigate the efforts, challenges and obstacles of OD implementation in Germany. This article presents the German results from the international HOPEnDIALOGUE survey, supplemented with expert interview data. Thirty eight teams currently providing OD took part in the survey. Sixteen expert interviews were carried out with stakeholders from various care settings. Survey data were analyzed descriptively and the qualitative data were evaluated using a thematic analysis approach. While having to adapt to the fragmented German health care system, OD has been mainly implemented from outpatient service providers and stand-alone services. About half of the teams implemented OD under the conditions of cross-sectoral model contracts and, thus, are considerably limited when it comes to OD implementation. Altogether, OD is not implemented to its full extent in each of the institutions surveyed. Similarly, the expert interviews revealed various challenges that mainly relate to the realization of OD's structural principles, whereas the implementation of its therapeutic benefits remains less affected. However, these challenges have managed to lead to great commitment by single teams and a certain level of implementation of OD-related concepts. OD in Germany can currently only be fully implemented under the cross-sectoral care model contract system that is often temporary, thus significantly hindering its continuous development. Any evaluation of OD's effectiveness in Germany thus needs to take into account the fragmented nature of the country's health care system and control for the multiple barriers that impede implementation. Reforms of the German health care system are also urgently needed to create more favorable conditions for the implementation of OD.

A Decentralized Contracting System in Digital Construction

Forum papers are thought-provoking opinion pieces or essays founded in fact, sometimes containing speculation, on a civil engineering topic of general interest and relevance to the readership of the journal. The views expressed in this Forum article do not necessarily reflect the views of ASCE or the Editorial Board of the journal.

Overseen and Overlooked: Spanish and British Silencing of Labor Resistance in Post-Emancipation Puerto Rico

ABSTRACT This article focuses on the reception and effects of the post-emancipation forced labour system in Puerto Rico (1873–1876) and contributes to the global understanding of the transition from slavery to coerced labour in the nineteenth century. Through an analysis of local reports, metropolitan responses, and archival documentation, I examine the ways both Spanish and British colonial administrators obscured and shaped the historical record through their promotion of the narrative of absolute success of the contracting system and minimization of widespread reports of newly-emancipated libertos’ (freedpeople’s) challenges to it. In addition to interrogating the colonial reporting strategies utilized, motivations for narrative silencing, and the consequent effects on the historiography of Puerto Rican emancipation, the article provides glimpses of liberto resistance that constitute direct contradictions to the dominant narrative.

Healthcare Professionals’ Wellbeing: Is the Job Market Really Saturated?

Surplus of doctors or highly unemployed doctors? Malaysia faces the challenge of answering, balancing between the two. As per reported in 2019, we have 23077 contract doctors in ‘Kementerian Kesihatan Malaysia’ (KKM) and just recently, only roughly about 4000 have been absorbed into permanent posts. Since then, private practice has blossomed with more private clinics opening like mushrooms. Diabetes, hyperlipidaemia and hypertension are on the rise. Ischemic heart disease remains as the number one pathological contributor to death. Mental health is currently crippling into our youth and our working class. Since the start of the contract system, KKM has been unable to deliver specialists as they used to, due to the change of system. Malaysia’s population is estimated to be at 32.7million according to the Department of Statistics Malaysia. With a whopping total of almost 50000 doctors in KKM as per 2019 statistics, can they face the tide? Are we overproducing doctors or underdeveloping new doctors? International Journal of Human and Health Sciences Supplementary Issue: 2023 Page: S13