Contracting Research Articles

Karakteristik Pelaksanaan Pembinaan Santri di Asrama Pondok Pesantren

The purpose of the implementation of fostering students in the hostel reveals the characteristics of the coaches of students through a process of approach, education, and habituation that is applied in a series of activities both inside and outside the hostel. This research is field research with a qualitative descriptive approach with natural characteristics as a direct data source. Data collection through observation techniques, interviews, and documentation. Data analysis techniques with inductive and deductive methods. The issues discussed include various characteristics of the implementation of coaching students in dormitories with various actuating, directing, leading, coordinating, and motivating elements. The results of this study indicate that Actuating characteristics have been applied properly and consistently with a good approach to fostering students in the dormitory. Characteristics of Directing by giving directions and providing various information related to what hostel activities will be carried out every day. Leading characteristics provide an example of a leader and the best role model for students in carrying out a series of activities for students in the dormitory. Coordinating Characteristics There is a good cooperative relationship or teamwork between Santri coaches, dormitory administrators, and OSPI administrators intensely in coordinating coaching in the dormitory to achieve goals effectively and efficiently. Motivating characteristics provide various motivations, and enthusiasm for learning and provide reasons why it must be implemented. This implementation has different characteristics such as the existence of an iqob system (educational punishment), role models, and a system of learning contracts, activity contracts, and contracts in the hostel. These efforts can provide solutions to foster properly according to the goals to be achieved.

THE PROCEDURE FOR THE PARTICIPATION OF SMALL BUSINESS ENTITIES-AGRICULTURAL PRODUCERS IN THE PUBLIC PROCUREMENT PROCESS

Background. Currently, agro-industrial holdings occupy a dominant position in Russia, which creates certain imbalances both in the agricultural and processing industries of the agro-industrial sector of the economy. In this connection, it is necessary to create conditions for the full functioning of SMP-agricultural producers. For this purpose, cooperation, conclusion of contracts or participation in state and municipal procurement can be used.
 Purpose. Determination of the algorithm of participation of SMP-agricultural producers in the procurement process at the state and municipal levels. The work is theoretical in nature and is aimed at developing methodological approaches to the implementation of state and municipal purchases from agricultural producers.
 Materials and methods. The study is based on legislative and regulatory acts and, at the same time, on the opinions of various authors on the problem of the participation of SMEs in the contract system of state and municipal procurement.
 Results. In the course of the study, legislative and regulatory acts were considered in relation to procurement of various levels; an assessment of the participation of small businesses-agricultural producers in the field of public procurement was given; algorithms for the participation of this kind of entities in the procurement process were formed.
 Conclusion. As a result, various aspects and features of the participation of small businesses in public procurement were identified.

ANALISIS SISTEM PENGGAJIAN TENAGA KONTRAK UIN SUNAN KALIJAGA YOGYAKARTA

UIN (Universitas Islam Negeri) Sunan Kalijaga is an Islamic State University that previously named IAIN SunanKalijaga. It was established in 26 September 1951 and it was one of the oldest university that established by the Ministry of Religious Affairs. As for the human resources whose working in the university, there are public servants who appointed to work there by the National Administrative system and also contract workers. The contract workers are the employee of UIN SunanKalijaga that legally being appointed by the Rector of the University through a decree signed by the Rector itself. The contract system will be renewed annually, started in the beginning of the year. Within the contract, there are terms such as rights and obligations including the amount of the salary. And, the amount of the salary will be changed every 3 years. There basic calculations for the salary system by referring the current national’s public servant salary system and minimum local wage system. Therefore, based on the issue above, this thesis would like to highlight some questions in order to answer some questions; what factors affecting the change of the salary system for the contract workers in UIN SunanKalijaga, Why to factors becoming push factors in the changing of salary system of contract workers and how the current reality of contract workers salary system at UIN Sunan Kalijaga. The aim of the research will be to identify what factors causing the changing of salary system at UIN SunanKalijaga, and to analyse the push factors as well to evaluate the salary system of contract workers at UIN SunanKalijaga. Meanwhile the theoretical framework being employed on this research will be the Salary Theory and Compensation theory. And, as for the method of research, there will be descriptive qualitative and the data will be gathered through primary and secondary data. Documents will be used as source of information and respondents will interviewed to gain some insights of the policy.

Analysis of work stress and its influencing factors among nursing staff in Tianjin City

Objective: To explore the current situation of work stress among nursing staff in Tianjin City and analyze its influencing factors. Methods: From August to October 2020, 26002 nursing staff from tertiary hospitals, secondary public hospitals, secondary private hospitals, primary hospitals, and other medical institutions in Tianjin City were selected as objects, and their general situation and working stress situation were surveyed by the general information questionnaire and the Nurse's Work Stressor Scale. Single factor analysis and multiple linear regression analysis were used to explore the influencing factors of work stress among nursing staff. Results: The average age of 26002 nursing staff was (33.86±8.28) years old, and the average working years were (11.84±9.12) years. There were 24874 women (95.66%) and 1128 men (4.34%). The total score of work stress was (79.82±21.69), and the average score of workload and time allocation dimension was the highest (2.55±0.79). The results of multiple linear regression analysis showed that marital status (β=-0.015, P=0.014), employment form as contract system (β=0.022, P=0.001), post as clinical nursing (β=0.048, P<0.001), education level (β=0.024, P<0.001), age (β=0.050, P<0.001), working years (β=0.075, P<0.001), and professional title (β=0.036, P<0.001) were the influencing factors of work stress, which explained 22.8% of the total variation in work stress of nursing staff (F=24.25, P<0.001) . Conclusion: The work stress among nursing staff in Tianjin City is high, the corresponding departments and nursing managers should adopt scientific management methods to reduce the workload of nursing staff according to the influencing factors of work stress, so as to create a good atmosphere for further promoting the healthy development of nursing career and nursing industry in the new era.

C*-algebras generated by multiplication operators and composition operators by functions with self-similar branches

Let [Formula: see text] be a compact metric space and let [Formula: see text] be continuous. We study a [Formula: see text]-algebra [Formula: see text] generated by all multiplication operators by continuous functions on [Formula: see text] and a composition operator [Formula: see text] induced by [Formula: see text] on a certain [Formula: see text] space. Let [Formula: see text] be a system of proper contractions on [Formula: see text]. Suppose that [Formula: see text] are inverse branches of [Formula: see text] and [Formula: see text] is self-similar. We consider the Hutchinson measure [Formula: see text] of [Formula: see text] and the [Formula: see text] space [Formula: see text]. Then we show that the [Formula: see text]-algebra [Formula: see text] is isomorphic to the [Formula: see text]-algebra [Formula: see text] associated with [Formula: see text] under some conditions.

The wrong of mercenarism: a promissory account

The wrong of mercenarism: a promissory account

Forms and types of financial control in the field of procurement of goods, works and services to meet state and municipal needs

The article examines the features of financial control in the field of procurement of goods, works and services to meet state and municipal needs. The object of the study is the public relations that develop in connection with and regarding the implementation of financial control in the field of procurement. The subject of the study is the provisions of the current legislation on the contract system and financial legislation, in which the rules on the implementation of financial control in the field of procurement are enshrined. An additional subject of the study was materials from judicial practice and the results of published academic research. Within the framework of the article, based on theoretical concepts and general legislative provisions on financial control, on the one hand, and control in the field of procurement, on the other hand, the key types and forms of financial control directly in the field of procurement are identified. Based on the results of the study, conclusions are formulated that financial control in the field of procurement is characterized by organizational, functional and financial independence. At the same time, the system of financial control in the field of procurement includes: indirect and direct forms of financial control. In turn, direct financial control within the framework of the contract system includes two types: 1) current control - as part of the implementation of law enforcement functions for treasury services for the execution of budgets of the budget system of the Russian Federation; 2) subsequent control - within the framework of the system of internal state (municipal) financial control. The scientific novelty of the findings is determined by the author’s approach to systematization of key forms and types of financial control in the field of procurement.

Factors Underpinning the Successful Return of Public–Private Partnership Projects to Public Authority: Assessing the Critical Success Factors of the Transfer Phase of Chinese Water Projects

In China, public–private partnership (PPP) projects consist of six phases, from inception to completion. In the final phase, known as the transfer phase (TP), the project assets are transferred back to the government, and the project is effectively closed out. Although success factors (SF) covering the earlier phases of PPPs have been well-documented, little is known about the effective execution of the TP in China. The main reason is that PPPs are a relatively new phenomenon, with few having reached the end of their life cycle, although this is happening now. Consequently, the determination of critical success factors (CSFs) in the TP is of great interest. This study aims to identify those CSFs that are most impactful to the success of the TP. A total of 23 process factors, arranged in four factor groups, are taken from an earlier study. These factors were presented to China’s water PPP project experts in an online questionnaire, with 52 valid responses returned. Of the 23 process factors, 22 were revealed to be statistically critical to the success of the TP, which were identified as critical transfer success factors (CTSFs). The top five CTSFs are (1) contract system, (2) infrastructure, (3) transferred assets, (4) transfer acceptance criteria, and (5) overhaul information. The identification of the relative criticality of CTSFs and, in particular, the identification of the leading factors, can be expected to support the government and contractor entities in effecting the smooth transfer of many Chinese PPP water projects approaching maturity.

THE IMPLEMENTATION OF PACTA SUNT SERVANDA PRINCIPLE AS A BASIS FOR MAKING MEMORANDUM OF UNDERSTANDING

Memorandum of Undersatanding is an initial agreement that regulates and provides an opportunity for the parties to conduct a feasibility study before arriving at a more comprehensive agreement. Making a Memorandum of Undersatanding requires the implementation of the principle of pacta sunt servanda to show that the parties have a binding agreement with each other. This research aims to find out how the implementation of pacta sunt servanda principle as the basis for making Memorandum of Undersatanding and how the legal position of Memorandum of Undersatanding. Using normative juridical legal research method with qualitative analysis. The results of this study conclude that the implementation of the principle of pacta sunt servanda as the basis for making Memorandum of Undersatanding is very important to ensure that the parties fulfill their promises and commitments and the agreement is respected and fulfilled by the parties. The legal position of the Memorandum of Understanding from the perspective of contract law is as an informal agreement that is not legally binding, but has strategic and diplomatic importance.

Vector-valued Ruelle operator for weakly contractive IFS and Dini matrix potentials

The (scalar) Ruelle operator theory is well-known both in fractal geometry and dynamical systems. In this paper we consider vector-valued Ruelle operators for weakly contractive iterative function systems associated with Dini matrix potentials. We generalize the result in the paper (J. Math. Anal. Appl. 299 341–56) to weakly contractive iterated function system. More exactly, our main theorem gives a sufficient condition for the vector-valued Ruelle operator with the Perron–Frobenius property.

Government procurement in Ecuador: analysis and perspective

The purpose of this research was to analyze the situation of public procurement in Ecuador, considering both the previous political regime and the significant changes that have occurred with the implementation of the new public procurement law, as well as the principles that must be met. A methodology based on review and documentary analysis was used, considering current laws and current regulations. The results show that the need for annual planning and budget allocation is a crucial problem that must be solved in the country's public procurement field. It is concluded that it is necessary to implement the new procedures established by the Organic Law of the National Public Procurement System to create a transparent, efficient, and dynamic contracting system that broadly benefits the nation and its inhabitants.

LEGAL PROTECTION FOR FINAL CONSUMERS FOR BUYING FLATS FROM INITIAL CONSUMERS RELATED TO BINDING AGREEMENTS OF SALE AND BUYING IN PAID BASED ON THE PRINCIPLE OF GOOD FAITH

Apartment ownership has become an important phenomenon in the rapidly growing property industry. The increase in population growth is not balanced with the availability of existing land. Flats are often sold by early consumers with a Sales and Purchase Binding Agreement in full without the developer's knowledge. The aim of the research is to gain an understanding of buying and selling apartments between early consumers and buyers based on PPJB Paid Off and legal protection for buyers. This study uses a normative juridical approach, which is descriptive analysis in nature, with a library research stage that includes primary, secondary and tertiary legal materials as well as field research, data collection techniques carried out through document studies and interviews. The results of the study show that buying and selling apartments between initial consumers and buyers with paid PPJB can be considered with the principle of good faith by taking into account several points of caution as early consumers and buyers. Buyers with good intentions should upgrade the PPJB to a Sale and Purchase Deed (AJB) so that the Certificate of Ownership of the flat unit can be issued in accordance with the name of the buyer.

КОМЕРЦІЙНА ТА ЛОГІСТИЧНА ДІЯЛЬНІСТЬ В ЦИФРОВІЙ ЕКОНОМІЦІ КОНТРАКТНОГО ТИПУ

The modern world has already taken the first step towards a fundamentally new technological, economic and social reality. However, it is difficult to overestimate the challenges facing modern industrial society. We are talking about a change in the global socio-technological structure, the consequence of which is a complete reformatting of the systems we are used to, the formation of new social and economic strategies. At the same time, the technological paradigm is changing, management models and social norms are changing, there are large-scale demographic shifts caused by the state of war in Ukraine, etc. For domestic logistics, in the conditions of martial law, established supply chains ceased to function. Closed ports, lack of air connections, risks associated with road transport - enterprises with well-established logistics were forced to change positions within a few days. The realities of the war imposed restrictions on all spheres of life, but primarily on supply and communication. The danger of using transport, the risk of losing goods during warehouse storage, the need to rebuild routes directly during movement - this is only a small part of what logistics faces during war. Because of that, it is worth optimizing processes and adapting to the external environment, or admit the impossibility of carrying out economic activities by the enterprise. The work provides an updated scientific interpretation of the synergy of commerce and logistics in the modern conditions of digitalization of the contract economy. The peculiarities of the manifestation of synergy are revealed from the example of the organization of the smart contracting system of the enterprise's transport and logistics business. The essential characteristics and rules of operation of the system are described with the aim of achieving the synergy effect in its qualitative and quantitative forms. An algorithm for substantiating project decisions regarding the creation of a smart contracting system based on the application of a problem-situational approach, which forms the structure of the road map for project implementation, is proposed.

The Initial Maximum Contract Price as a Tool for Effective Spending of Budget Funds: Issues of Theory and Practice

The successful satisfaction of state and municipal needs as a component of the functions of public-territorial entities depends on the efficiency of the use of budget funds, including through the contract system, one of the institutions of which is the initial maximum contract price. Having a significant impact on the cost-effectiveness of spending budget funds, the initial maximum contract price, its justification and definition are of increased scientific and practical interest, including due to the difficulties of applying the norms regulating it and the ambiguity of judicial practice. The methodological basis of the study was a set of general scientific and private scientific methods based on the dialectical theory of cognition and focused on achieving the research goal. The purpose is to analyze the theoretical foundations of the application of the initial maximum contract price to achieve effective use of budget funds, to consider the practical features of its definition and justification. The article examines the current and previously existing norms governing the definition and justification of the initial maximum contract price. Judicial practice was analyzed, which allowed to determine the main types of violations committed by customers within the initial maximum contract price. Discussion. The conclusion about the need to unify the court decisions on the determination and justification of the initial maximum contract price is substantiated.

Application of Legislation on Public Procurement in the Cassation Practice of the Supreme Court of the Russian Federation

The article provides an overview of the current problems of the application of legislation on public procurement: in the process of determining the supplier (contractor); the application of interim measures; the fulfillment of contractual obligations; the implementation of regulations, resolutions of the financial control authority; appeal of acts of the authority authorized to exercise control in public procurement. The legal position of the Supreme Court of the Russian Federation is presented, taking into account the correlation and protection of public and private interests in complex disputes arising from public procurement. It is proposed to use the established approaches for further consideration in the process of preparing the relevant amendments to the legal acts regulating the contract system in public procurement.

Criteria for the Effective Application of Competitive Procedures to Meet State and Municipal Needs

Relevance. When concluding contracts with state and municipal customers, it is mandatory to carry out formalized procedures aimed at determining the counterparty. Low efficiency of trade and non-trade procurement methods entails irrational expenditure of budget funds and other valuable resources.The purpose of this work is to propose criteria for the effective use of competitive procedures aimed at meeting state and municipal needs.Objectives: on the basis of empirical material to determine the conditions under which the maximum efficiency of competitive methods of determining a supplier for state and municipal needs is achieved.Methodology: general scientific methods of analysis and induction, observation and forecasting were used in the work. The results. The article assesses the effectiveness of the current model of the contract system in the field of procurement of goods, works and services for state and municipal needs. The study evaluates the importance of such indicators as the price and quality of goods (work or services), their prevalence, the level of competition in the relevant economic sphere and region, the costs of conducting a competitive procedure.The statistical data of the Federal Tax Service on the number of registered business entities in various federal districts are presented, which allow us to come to the conclusion that there is a need for a differentiated approach to conducting competitive procedures, taking into account the indicator characterizing the number of business entities and competition in the region.It is noted that when determining the effectiveness of the use of tenders and auctions, it is necessary to take into account the associated economic and organizational costs.Conclusion. Bidding, being one of the types of competitive procedures, has a specific range of its application. The author formulates and substantiates the conclusion that the criteria for the effective application of competitive procedures to meet state and municipal needs include: upper and lower price limits; socio-economic situation in the region of the conclusion and execution of the contract; the scope of business activity of the counterparty.

Admission control policy and key agreement based on anonymous identity in cloud computing

Cloud computing has completely revolutionized the concept of computing by providing users with always-accessible resources. In terms of computational, storage, bandwidth, and transmission costs, cloud technology offers its users an entirely new set of advantages and cost savings. Cross-cloud data migration, required whenever a user switches providers, is one of the most common issues the users encounter. Due to smartphones’ limited local storage and computational power, it is often difficult for users to back up all data from the original cloud servers to their mobile phones to upload and download the data to the new cloud provider. Additionally, the user must remember numerous tokens and passwords for different applications. In many instances, the anonymity of users who access any or all services provided by this architecture must be ensured. Outsourcing IT resources carries risks, particularly regarding security and privacy, because cloud service providers manage and control all data and resources stored in the cloud. However, cloud users would prefer that cloud service providers not know the services they employ or the frequency of their use. Consequently, developing privacy protections takes a lot of work. We devised a system of binding agreements and anonymous identities to address this problem. Based on a binding contract and admission control policy (ACP), the proposed model facilitates cross-cloud data migration by fostering cloud provider trust. Finally, Multi-Agent Reinforcement Learning Algorithm (MARL) is applied to identify and classify anonymity in the cloud by conducting various pre-processing techniques, feature selection, and dimensionality reduction.

Bombesin receptors in GtoPdb v.2023.1

Mammalian bombesin (Bn) receptors comprise 3 subtypes: BB1, BB2, BB3 (nomenclature recommended by the NC-IUPHAR Subcommittee on bombesin receptors, [117, 4]). BB1 and BB2 are activated by the endogenous ligands neuromedin B (NMB), gastrin-releasing peptide (GRP), and GRP-(18-27). bombesin is a tetra-decapeptide, originally derived from amphibians and structurally closely related to GRP. The three Bn receptor subtypes couple primarily to the Gq/11 and G12/13 family of G proteins [117]. Each of these receptors is widely distributed in the CNS and peripheral tissues [80, 117, 261, 290, 248, 375, 114, 164, 165]. Activation of BB1 and BB2 receptors causes a wide range of physiological/pathophysiogical actions, including the stimulation of normal and neoplastic tissue growth, smooth-muscle contraction, respiration, gastrointestinal motility, feeding behavior, secretion and many central nervous system effects including regulation of circadian rhythm, body temperature control, sighing, behavioral disorders and mediation of pruritus [153, 211, 255, 117, 205, 261, 318, 70, 35, 345, 212, 36]. BB3 is an orphan receptor, although some propose it is constitutively active [330]. BB3 receptor knockout studies show it has important roles in glucose and insulin regulation, metabolic homeostasis, feeding, regulation of body temperature, obesity, diabetes mellitus and growth of normal/neoplastic tissues [152, 80, 168, 224, 359, 209]. Bn receptors are one of the most frequently overexpressed receptors in cancers and are receiving increased attention for their roles in tumor growth, as well as for tumour imaging and for receptor-targeted cytotoxicity [211, 288, 9, 167, 171, 172, 135, 202]. Bn receptors are also receiving attention because they are one of the primary neurotransmitters for pruritus [36, 127, 35, 318].

Responsibility of the Notary to The Parties in Terms of Binding Purchase Agreement (Ppjb) Based on Their Legal Analysis

A notary is an extension of the government's duty to carry out its responsibilities in the civil field. The presence of a notary is neutral, meaning that it is not affiliated with the government or private agencies, so because of its independence, it does not have to report to the agency but is accountable to the public in this matter to itself. The research method used is normative juridical, where the law is the primary material, jurisprudence, books and journals as secondary material and websites and social media as tertiary material. There are two types of Notary deeds regulated by UUJN, namely actual and authentic. The deed of release is made at the parties' request. It records everything discussed by the parties relating to legal acts or other actions committed by the parties and is outlined in the Notary Deed. While the legal position of Notaries and parties in the sale and purchase binding agreement (PPJB) different, the legal status of Notaries is as a general official who regulates the making of authentic deeds that must be carried out based on the agreement and conditions agreed by the parties. Notaries play a critical role in ensuring that deeds of sale and purchase are legally binding contracts that comply with applicable laws and regulations. Both the seller and buyer must also adhere to the terms of the transaction, while notaries are accountable for their actions and must maintain the highest standards of integrity in fulfilling their duties.

Intelligent optimal demand response implemented by blockchain and cooperative game in microgrids

AbstractDistributed renewable energy supply (RES) is a new pattern for the transformation of power grids. As a characteristic case of RES, microgrids have an advantage in convenient operation. However, the energy management of microgrids remains as a major concern. With the emergence of the decentralized paradigm, blockchain potentially provides a reliable energy data metering and payment for the whole life cycle of energy management. In particular, the demand response (DR) in the microgrid can stimulate demanders to spontaneously manage their load consumption and maintain the balance of the energy trading market. To achieve optimal DR, a dynamic pricing strategy under the blockchain and game‐theoretic approach is proposed. First, the blockchain‐based architecture is applied to ensure the reliability of energy data and lay a foundation of binding agreements for games. Then, the pricing mechanism under the cooperative game is formulated to optimize DR. Moreover, to help resolve the optimal response quantity and reduce the supply punishment of the RES providers, the DR requires accurate forecasting of the energy generation and consumption profiles. Therefore, an ensemble method Long Short‐Term Gate Support (LSTGS) is designed to forecast the RES and load power for intelligent agent to make decision on effective energy scheduling and DR. Taking the classic distributed energy context as a case study, we demonstrate the effectiveness of our approach and show that it can achieve DR profits maximized and improve the stability of the energy‐trading market.