Executive Branch Of Government Research Articles

Geopolitical risk and the cost of capital in emerging economies

We posit that geopolitical events that elevate investor risk prompt equity investors to shift capital from emerging markets to safer mature markets, raising the cost of equity capital for firms in emerging economies. Using a sample of 55,900 observations spanning 19 economies from 1987 to 2018, we find that higher geopolitical risk increases the cost of equity capital, on average. We further find that this effect is moderated by country-level institutional context (constraints on the executive branch of government and regulatory arrangements) and firm-level factors (cross-listing in the U.S. and foreign sales).

Formation of economic indicators of national security in the context of business digitalization and changes in the economy

Abstract. Today, Ukraine's economic development is taking place in the context of market competition, negative phenomena in the foreign economic sphere, and most importantly, russia's full-scale military aggression. At the same time, economic relations in the country are characterized by such undesirable phenomena as the shadow economy, economic inequality of business participants, growth of external debts, decline in economic activity, deficits of the state and territorial budgets, unprofitability of business entities, migration processes, unemployment, and poverty. The article examines the content of the concept of economic security in the context of the national security component, which is determined by a set of tasks based on the implementation of the Economic Security Strategy of Ukraine for the period up to 2025. The author analyzes the dynamics of indicators that determine the state of economic security of Ukraine and the existing threats in the national economy. In order to monitor the state of economic security in accordance with the Strategy, it is proposed to fulfill the task of its scientific support, to develop methodological recommendations and a mechanism for interpreting the integral indicator. At present, there is no information on the level of economic security of Ukraine on the official websites of the legislative and executive branches of government since 2021. The system of reservations regarding the indicators for assessing the economic security of Ukraine proposed in the Strategy is substantiated. A simplified list of indicators for monitoring the state of economic security is defined and interval signs of economic development scenarios at the level of optimistic, pessimistic and basic characteristics are developed for the integral indicator. The assessment of the status of economic security objects (the State, territorial communities, types of economic activity, business entities) is significantly influenced by the development of digitalization of the economy. It is established that in our country the processes of digitalization do not have a cross-cutting connection «business entities – types of economic activity – territorial communities – the State», but arise and develop locally within individual business and government structures.

“Putin’s War of Choice”: U.S. Propaganda and the Russia–Ukraine Invasion

The Russian invasion of Ukraine on 24 February 2022 ignited propaganda efforts from the U.S. executive branch of government and the U.S. media, as the country tried to position itself towards the war not just in the eyes of its citizens but of the entire world as part of its geopolitical power position. A comparative quantitative and qualitative analysis of official U.S. communications and U.S. partisan media coverage in the first week of the invasion aims to uncover how the U.S. government set the agenda and framed the events, and to what extent the media copied or diverged from this agenda-setting and framing. The results suggest a narrow focus and distinct framing on the part of the U.S. government, partly taken over by partisan media. The latter also touched on other topics that fit media logic and provided some counter-frames in line with their ideological positions, yet overall confirmed the dominant framing of the war as unjust, unprovoked and premeditated, as Putin’s choice, and the position of the U.S. as the leader of the free world and defender of democracy.

ЕКОНОМІЧНА ЕФЕКТИВНІСТЬ ВИКОРИСТАННЯ ОРГАНІЧНИХ ДОБРИВ З ПОСТІЙНО ВІДНОВЛЮВАЛЬНИХ ДЖЕРЕЛ ПОБІЧНОЇ ПРОДУКЦІЇ ТВАРИННОГО ПОХОДЖЕННЯ

This article is related to the study of the economic efficiency of using organic fertilizers from constantly renewable resources of animal by-products (chicken manure), taking into account the latest innovative technologies that reduce the cost of agricultural production while improving the results of economic activity of enterprises. It is proved that the utilization of animal by-products (chicken manure) through the production of organic fertilizers is one of the most valuable sources of nutrients. The ecological and economic benefits and prospects of using organic fertilizers, the main raw material component of which is chicken manure have been analyzed. The effectiveness of the usage of such organic fertilizers in intensive technologies of growing corn, sunflower and sugar beet has been tested and confirmed by scientifically based experimental studies. It is summarized that the production of organic fertilizers from chicken manure is a promisingly expedient, cost-effective resource for meeting the needs of the agricultural industry of our country in terms of nutrients. During the period of martial law, the most important current economic problem of our country is to overcome the decline in production by finding effective and optimal solutions for the reproduction of all its links. Today's dynamically changing conditions of the agricultural market require a mobilizing combination of efforts by the legislative and executive branches of government together with business owners to find and implement anti-crisis measures to ensure stable cooperation, improve the financial and economic performance of enterprises, and preserve and enhance soil fertility in the process of exploitation. Conservation, rational use of soils, and improvement of their fertility are a steadfast component of the sustainable constant of Ukraine's food, economic, social, environmental, and energy security. Being a key component of the sustainability of Ukraine's economy, including agriculture, organic fertilizers significantly contribute to increasing crop yields and improving their biological quality. An additional advantage is that they improve the agrochemical, biological, physical and mechanical characteristics of soils, positively affect soil fertility, and are much more costeffective for farmers.

Ensuring employment of the population: international legal standards and national experience

The article examines a number of international regulatory acts containing the main legal standards in the field of ensuring employment of the population, combating unemployment and social security of a person in connection with the loss of a person's job for reasons beyond his control. It is noted that these areas of legal regulation are directly related to the right to work, the effective prohibition of discrimination and forced labor, as well as the right to free personal development and decent work. The change in trends in the social policy of the states is monitored from the simple support of a sufficient living standard of the unemployed through the provision of state or insurance benefits to the state employment policy, which stimulates employment based on professional orientation, choosing a profession with maximum consideration of natural abilities and already acquired skills, opportunities for professional training, retraining and advanced training, building a system of professional education in accordance with the needs of the labor market, etc. International legal standards, which are the basis for the development of the legal system of any modern state, determine the directions of reforming both the legal system as a whole and its individual branches. Accordingly, the labor and social security legislation of Ukraine is also developing in line with global and European trends. In particular, already during the years of independence, legislation on employment and social protection of the unemployed has undergone significant reforms, increasingly approaching the high standards of ensuring human rights in this area. The revision of the 2012 Law of Ukraine "On Employment of the Population" was a significant progressive step, as it provided for a number of measures to stimulate productive employment, help young people get their first job, and regulated the procedure for employment of foreign citizens in Ukraine. This Law and the relevant regulatory documents are subject to constant changes, especially in the last few years in connection with the problems of the pandemic caused by the spread of COVID-19 in the period of 2020-21 and the armed aggression of the Russian Federation against Ukraine from February 2022 to the present . It should be noted that the cooperation of the legislative and executive branches of government with experts of specialized international organizations brings positive results, as Ukrainian legal norms are increasingly approaching recognized international standards, in particular, the standards of the European Union, in which the main goal is to ensure human rights, respect for the individual, human dignity and equality of treatment in the spheres of employment and professional education.

Clashes and agreements between regulatory agencies and courts: The influence on regulatory governance

Literature on the operation of regulatory agencies and their interactions with the executive branch of government is well established. Much less attention has been devoted to the relationship between these agencies and the courts, especially in case of judicial review of regulators’ decisions. This paper examines how judicial review of regulatory decisions produces clashes and agreements between regulatory agencies and the courts, and the influence of these relationships on regulatory governance. The research was conducted in Brazil with 21 interviews, consisting of eight officials of six federal regulatory agencies, seven attorneys from five agencies, and six federal judges. Regulatory governance, institutional theory, and regulatory overlap were the main analytical frameworks for this research. Data was subjected to content analysis. The findings showed that judicial review plays an important role in the overlapping scopes between courts and regulatory agencies. The institutional details of regulatory governance are crucial for the regulatory bodies to function. Despite the conflicts, judges seek more coordination with regulators, because of a greater awareness of the specifics of regulatory policies. Attorneys of regulatory bodies perform a key role in the dialogue between regulators and courts, especially by bridging the gap between technical and legal protocols. Regulatory litigation provides powerful economic agents with the opportunity to obtain a successful remittance of fines, thereby diluting the regulators’ ability to enforce regulation. Points for practitioners Judicial review is the only coordinating mechanism between regulatory agencies and the courts and plays a crucial role in defining regulatory policies and in controlling administrative behavior. In the process of judicial review, regulatory bodies confront the uncertainties that mark the blurred boundaries between the roles performed by state actors and authorities in dealing with regulation. By examining the Brazilian case, the research sheds light on regulatory governance and deals with the balance of power between the judiciary and formally independent regulatory bodies. The findings indicate the value of closer dialogue between regulators and courts in a context where regulatory agencies are increasingly called upon to make important technical and social choices on highly sensitive public issues.

Legal Constraints on Australian Coal Mining: The Role of the Paris Agreement

Abstract This commentary assesses legal constraints on coal-mining in Australia in the context of developments in the climate regime. There is a growing global consensus that unabated coal-power must be phased down, yet executive branches of government at the national and subnational levels in Australia continue to approve new coal mines. This commentary looks to litigation that has challenged the approval of new coal mines on climate change grounds. I analyse how the Paris Agreement is being used in these claims. The Agreement provides background and context to the climate impacts of coal use in several cases. However, in a few cases, decisions to refuse coal mines are underpinned by substantive engagement with the Agreement’s global warming limitation goals. These refusals are significant in an Australian legal context that is otherwise weighted in favour of coal mining.

Neuroethics and cultural context: The case of electroconvulsive therapy in Argentina.

As neuroethics continues to grow as an established discipline, it has been charged with not being sufficiently sensitive to the way in which the identification, conceptualization, and management of the ethical issues raised by neuroscience and its applications are shaped by local systems of knowledge and structures. Recently there have been calls for explicit recognition of the role played by local cultural contexts and for the development of cross-cultural methodologies that can facilitate meaningful cultural engagement. In this article, we attempt to fill this perceived gap by providing a culturally situated analysis of the practice of electroconvulsive therapy (ECT) in Argentina. ECT was introduced as a psychiatric treatment in Argentina in the 1930s but it is largely underutilized. While the use of ECT remains low in several countries, what makes the Argentinian case interesting is that the executive branch of government has taken a stance regarding both the scientific and moral appropriateness of ECT, recommending its prohibition. Here, we begin with a recent controversy over the use of ECT in Argentina and explain the legal recommendation to ban its application. Next, we offer an overview of some of the salient aspect of the international and local discussions on ECT. We argue that the governmental recommendation to ban the procedure should be rethought. While acknowledging the role that contexts and local conditions play in shaping the identification and assessment of the relevant ethical issues, we caution against using contextual and cultural considerations to avoid a necessary ethical debate on controversial issues.

THOMAS JEFFERSON PRZECIWKO „POLITYKOM W TOGACH”. KILKA UWAG DOTYCZĄCYCH SPORU O KIERUNKI INTERPRETACJI KONSTYTUCJI STANÓW ZJEDNOCZONYCH

Throughout the first decade of the American republic, competing claims between the Federalists and the Anti-Federalist (later Republicans) regarding the proper interpretation of the Constitution and the application of its principles were confined primarily to the executive branch, Congress and states. The year 1801 marked the beginning of a turnabout in the role of the Supreme Court in the national affairs. Thomas Jefferson, having promised to bring about a revolution in the principles guiding the government, took office as the third president of the young nation. Although the legislative and executive branches of government came under the control of Jefferson’s Republican party in the election of 1800, the federal judiciary remained a bulwark of the rival Federalist party. In this article the author argues that differences in the interpretation of the Constitution resulted from the clear and irreconcilable differences in the political and constitutional philosophies of Jefferson and Marshall. These differences sparked fierce debate over such monumental issues as the use of judicial review over acts of Congress and the development of the doctrine of implied powers. According to the author, political considerations were paramount in determining the tactics employed by both leaders in their efforts to define the proper role of the judiciary in a balanced government and the role of the national government itself within the federal system.

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.

Policy rulemaking process within the executive branch of government: an analysis of the brazilian presidential decrees.

This article analyzes whether the Presidential Decrees complied with better regulation standards and results are explained in the light of the legal, managerial and cultural dimensions of the Public Administration. 128 Decrees, issued between 2009 and 2018, which institutionalize public policies or government programs are evaluated. These quantitative data were combined with the information obtained from 66 interviews with top-ranked public managers and lawyers. These results evidence a reduced compliance with better regulation practices and set the hypothesis that this institutional trajectory is going to be sustained due to an observed mismatch between the current values and practices with the underlying assumptions of the better regulation reforms.

An overviews of Nepal’s parliamentary finance committee

This paper presents an overview of the parliamentary Finance committee (PFCN) of Nepal. Typically, a democratic country's regime includes three types of systems. Parliamentary system, presidential system, and semi-presidential model. Nepal has adopted a parliamentary system and the West Ministry model of government. The position of head of state, the president, in Nepal's parliamentary form of government is ceremonial and has no real powers. In this form of government, the head of the government is the Prime Minister, who has all the real powers. The executive branch of government is exercised by a group of legislators who hold a majority in the House of Representatives (HoRs) under Nepal's parliamentary system, which unites the legislative and executive branches of government. It is assumed that all the perspectives and shades of the opinion of the parliament are reflected through the parliamentary committees because they are representative organs of the legislature in terms of both composition and membership. The finance committee has a vital role in HoRs. In this paper characteristics and working outcomes of PFCN during the Parliamentary period of 2017 to 2022 have been shown.

Трансформация институтов в современной экономике

The subject of the study is institutional changes in the economy, their causes and consequences. The purpose of the work is to show that purposeful changes in the rules on which the international order is based have become an effective method of economic policy both at the national level and within the framework of the world system and international relations, causing systemic dysfunctions that are formed along institutional and managerial contours and are determined by the use of new technologies. The research methodology is based on institutional and comparative analyses, as well as on the theory of dysfunctions to highlight the independent significance of institutional and technological changes. The influence of the dysfunction of institutions and management on the efficiency of the functioning of the economy and the formation of conditions for subsequent institutional transformations is shown. The model of institutional competition is considered and it is proved that, along with competition in products, services, resources and technologies, it is of greater importance in the modern economy, since competition in objects is determined by the institutional conditions of business organization and markets. It is established that economic agents participate in institutional competition by building schemes for lobbying their interests, and institutional competition itself is carried out at the level of public administration — the legislative and executive branches of government. It is revealed that the transformation of international institutions is currently taking place frontally under the influence of sanctions wars. It is concluded that the dysfunction of institutions and management (control) is the cause of the "administrative trap of rules", which is shown by the example of healthcare management in Russia, when patients are sent to medical institutions to receive high-tech specialized medical care. The result of the study confirms the author's argument about the need to build their own internal rules in Russia and overcome external dependence on institutions that generate a regime of institutional competition on the rights of a slave, not a leading participant, as well as reducing the dysfunction of control.

ПОЛІТИКА США ЩОДО УКРАЇНИ: МІЖ ЛІБЕРАЛЬНО-ДЕМОКРАТИЧНИМИ ЦІННОСТЯМИ ТА ПРАГМАТИЧНИМИ ІНТЕРЕСАМИ

The author analyzed in detail the main factors that influence the US policy towards Ukraine: 1) the relative importance of the internal and external priorities of the US, 2) the relative commitment to the policy of a united free Europe, 3) the relative importance of the policy towards Ukraine against other foreign policy priorities, 4) perceived complementarity Kyiv’s behavior with US interests and goals, 5) perceived coherence of Moscow’s behavior with US interests and goals, 6) relevant views of key figures in the executive branch of government and their relative influence, 7) pressure and restrictions from Congress, 8) pressure from Ukrainian organizations diaspora. In the first chapter of the monograph, the author addressed the period of R. Reagan’s presidency, when American policy towards the USSR consolidated liberal-democratic values and pragmatic interests. The second chapter examines in detail the vicissitudes of recognition of the independence of Ukraine by the United States. The third chapter of the monograph examines the role of the USA in the process of nuclear disarmament of Ukraine. The fourth chapter of the monograph is devoted to the US position regarding the Orange Revolution in Ukraine. In the fifth chapter, the author analyzed the reasons for the US’s refusal to provide assistance to Ukraine with lethal weapons.

CURRENT EDUCATIONAL REFORMS IN UKRAINE WITHIN THE FRAME OF PEDAGOGICAL REFLECTION

The article reveals that current reforms in the education system of Ukraine attempt to address the latest social challenges and fulfil the priority tasks assigned by the legislative and executive branches of government, in particular, regarding improving the effectiveness of education in the settings of martial law and the changing dynamics of the spread of the coronavirus disease pandemic in the country. The study specified a list of requests and expectations of the state and civil society for reforms in the field of education, in particular, the Law of Ukraine ‘On Education’ (2017) viewed through the prism of the views of both now and future practising educators. Based on the opinions of the focus group participants regarding the key positions of the Conceptual basis for reforming secondary school to comply with the concept of the ‘New Ukrainian School’, the study carried out the ranking of respondents’ positions regarding the timeliness of educational innovations. It also identified those topics that require additional clarification, including decentralisation, the autonomy of institutions, reform implementation schedule, introducing the new school structure, etc. The research clarified the leading attitudes of educators, their needs and expectations regarding educational reforms in Ukraine, including: respect for the teacher, trust from the state and society; real academic freedoms (the right to choose the form of educational organization, educational technologies and teaching methods, etc.), pedagogical creativity; digitization of general secondary education; decent wages, adequate and transparent financing of educational institutions; debureaucratisation; real support by the state and society for rural schools and rural teachers, equal access to high-quality school and extracurricular education in the countryside; state assistance in training/retraining of personnel to implement reforms and changes in education, especially in wartime conditions.

Shifting Border, Changing Laws: The Executive Branch of Government and the Treaty of Extradition between Mexico and the United States, 1876–1911

This article analyzes an important way in which the Porfirio Díaz government tried to empower the president to control Mexico’s northern border in the late 1870s. Just a few months after Díaz gained power, officers of the incoming administration attempted to gain exclusive authority for the Mexican executive over matters related to extradition requests. The president, Díaz’s allies argued, was responsible for the country’s foreign relations, and only he could decide on the surrender of fugitives to other nations. The article maintains that such claim aimed to build a legal apparatus that would strengthen the figure of the president to control what was then the key and problematic area of northern Tamaulipas. Furthermore, the article argues that the legal changes adopted regarding extradition matters contributed to shaping the early twentieth-century borderlands, although they failed to achieve their main objective. Thus, after the 1870s, the borderlands entered an unprecedented phase of transformation that, in many ways, revealed the inefficacy of the regime’s extradition policies.

Trust, Democracy, and Hygiene Theatre: Taiwan’s Evasion of the Pandemic

AbstractTaiwan’s record of preventing infections and deaths from COVID-19 outshines that of almost every other nation, far outstripping the performance of the US, all European countries, and almost all Asian countries. Yet Taiwan is the nation closest to Wuhan, font of the pandemic. Equally importantly, Taiwan’s public health achievement has occurred without the government dictates such as business and residential lockdowns that have aroused controversy and caused economic and psychological distress around the globe. This essay relates the story of Taiwan’s actions during the crucial early months of 2020 and explores the factors—historical, geographical, legal, institutional, strategic, and cultural—accounting for Taiwan’s remarkable success. Prominent among those factors are the legal and institutional infrastructure of preparedness that Taiwan constructed following its unhappy experience with the 2003 SARS outbreak, and the prompt and decisive measures taken upon discovery of the Wuhan outbreak on 31 December 2019. A dialogue between the judiciary and the legislative and executive branches of government following the SARS episode enabled the infrastructure of preparedness to be created through a process consonant with democratic government, respecting principles of individual liberty and fairness. Risk communication techniques were skilfully employed to build public trust in expert advice about measures for infection prevention. Persuasion, not compulsion, was the norm. Cultural factors including customary acceptance of mask-wearing and authoritative advice, and perhaps a high level of risk-aversity, also played an important part. Taiwan’s pandemic control policies have drawn criticism of government overreach. Some recommendations, such as for outdoor masking, bear little rational relation to infection prevention and are best characterized as mere “hygiene theatre.” Nevertheless, early-2020 government measures received a high level of public approval. Taiwan’s successful response to the pandemic illustrates the nation’s nature: a disciplined democracy.

TÜRK VARLIK FONUNUN REGÜLATİF (DÜZENLEYİCİ) YAPISININ YENİDEN GÖZDEN GEÇİRİLMESİ ÜZERİNE KISA BİR ÇALIŞMA

ABSTRACT
 
 A sovereign wealth fund is generally structured on state-owned financial assets to protect citizens’ long-term economic interests. Sovereign wealth funds are owned by states and generally operated by executive branches of government as private business entities. Sovereign wealth funds are beneficial not only to support large-scale projects financially by stabilizing countries’ economies but also to increase investment opportunities in domestic and international financial markets. Legal problems arising nature of the complexity of sovereign wealth funds need to be monitored carefully while adopting effective rules and regulations for risk mitigation. The Turkish Wealth Fund was established as a joint-stock company and subjected to the principles of Turkish private law in 2016. The current regulatory structure of the wealth fund brings some legal problems such as challenges for board members of the wealth fund. The Santiago Principles which provide effective administrative law principles to governments ought to be adopted into the current Turkish legislation to promote accountability and transparency in the domestic financial markets. In particular, the paper proposes that the appointment of the board members should be exercised by the executive and legislative branches collaboratively while board members ought to be accountable for their business operations. In addition, the Turkish Wealth Fund should adopt a vigorous public disclosure regime to increase its transparency in the domestic securities market.
 
 Keywords: Sovereign Wealth Funds, Transparency, Accountability, Santiago Principles, Administrative Law Principles

Collection and Use of Information by Counter-Intelligence in the Context of Human Rights Protection

Obtaining complete and reliable information during counter-intelligence activities is very critical. The extraction, analytical processing, and use of information regarding signs and facts of intelligence, terroristic, and other activities of special services of foreign states, as well as organisations, individual groups, and individuals to the detriment of the state security of Ukraine is legally established as its main task. One of the main tasks of intelligence and counter-intelligence is to collect information in the interests of national security on the facts and signs of activities that threaten the sovereignty, territorial integrity, and constitutional order of the state, that is, its main system-forming component, using all possible sources. The purpose of such information collection is to assist the executive branch of government in developing internal and external policy, as well as to develop strategic and tactical decisions in the implementation of national policy. The purpose of this study was to identify the problems of collecting and using information by counter-intelligence, to develop a strategy to overcome such problems, and to investigate the legal principles of protecting human rights in the process of this activity. The results of the study will contribute to the development of the theory of national security, the obtained definition of the legal regime for collecting and using information about an individual or legal entity regarding which counter-intelligence actions are performed, will assist intelligence and counter-intelligence units in ensuring the protection of human rights during such activities.

The Impact of the Efficiency of the Judicial System in Attracting Foreign Direct Investments in the Republic of North Macedonia

Abstract Foreign direct investment is one of the major factors for the development of national economies with positive implications for the growth of their gross domestic product, technology transfer, as well as increased competitiveness and improved performance of local companies. They generate investment capital, provide new employment, transfer expertise and skills to employees, and increase exports. In the Republic of North Macedonia a number of reform activities have been undertaken relating the protection of property rights, improvement of the efficiency in the functioning of the legislative, judicial and executive branches of government, which result with reduced business risks and motivates companies to make investment decisions. Current paper aimed at outlining the connection between the effectiveness of the judicial system and increasing the number of foreign direct investments in the Republic of North Macedonia.