Negotiation Procedure Research Articles

The length of price&reimbursement negotiation procedures in Italy in the period 2021-2023 was independent from the price of medicines

Background: The duration of price&reimbursement (P&R) procedures is taken as a key performance indicator of Regulatory Agencies in Europe. In this study we have tested the hypothesis that the price of medicines may have negatively affected the duration of P&R negotiations in Italy in the period 2021-2023. Methods: Data were retrieved from the Intexo database, which included all medicines with EC approval within the period 2021-2023. Biosimilars, generics, gene therapies, Sars-Cov-2 vaccines and medicines with no negotiated price at the datalock of December 2023 were excluded from the analysis. The ex-factory price of the most expensive package was taken as the price of each reimbursed medicine, whereas the time between the publication of EC decision in the European GU and the publication of P&R AIFA decision in the Italian GU (gazette-to-gazette time) as well as the time between the submission of P&R dossier and the publication of AIFA decision in the Italian GU (AIFA negotiation time) were taken as the procedure duration. Results: Sixty-seven EC approved medicines completed the P&R procedure in Italy within the study period, and had a reimbursed price. The median and mean gazette-to-gazette times were 395 and 442.6 days, respectively, whereas the mean and median AIFA negotiation times were 389.5 and 434.7 days, respectively. The mean price was 10,942 euros. The analysis of correlation between the duration of procedure and the negotiated price showed that there is no correlation whatsoever between the length of procedures and the price of medicines. Conclusions: We can reasonably exclude that the price of medicines negatively affected the duration of P&R negotiation procedures.

The legal characteristics of the contract concluded as a result of public procurement

The relations in the field of procurement of goods, works and services for budgetary funds to meet the needs of enterprises, institutions and organizations in goods, works and services are one of the forms of cooperation between the state and subjects of economic activity. The use of public procurement involves certain procedures and mechanisms set out in the Law of Ukraine ‘On Public Procurement’ and a number of bylaws. For example, the specifics of public procurement of goods, works and services for customers provided for by the Law of Ukraine ‘On Public Procurement’ for the period of martial law in Ukraine and within 90 days from the date of its termination or cancellation are regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 1178 dated 12.10.2022. The procurement agreement is the instrument and form that ensures the implementation of the regulation of relations in connection with the procurement of goods, works and services for budgetary funds. In this regard, the detailed theoretical analysis of the legal nature of this contract and its characterization have become urgent tasks of the national legal science. The essential terms of the procurement contract shall not differ from the content of the tender offer of the winner of the procurement procedure / simplified procurement or the agreed price of the participant’s offer in case of negotiation procedure, and shall not be changed after its signing until the parties have fulfilled their obligations in full, except in cases determined by law. The procurement agreement is a civil law, consensual, fixed-term, paid transaction by its legal nature and is bilateral. The procurement contract cannot be classified as a particular classification group of contracts (for the transfer of property, for the performance of works, for the provision of services, etc.) Depending on the subject matter, the respective procurement contract will be regarded as belonging to a particular group of contracts. At the same time, when determining the thresholds (criteria) for the application of certain public procurement procedures, it is necessary to proceed from the conceptual framework of the Law of Ukraine ‘On Public Procurement’ (for example, lease will be treated as a service, however, the essential terms will be determined based on the legal regulation of this particular type of property transfer agreement).

Unfair competition in public procurement related to intellectual property rights

The article examines the advantages and risks of using the negotiation procedure forpublic procurement of goods, works, and services that include objects of intellectual propertyrights. An analysis of Ukrainian and EU legislation regarding public procurementthat includes objects of intellectual property law was carried out. The practice of conductingpublic procurement in Ukraine under the negotiated procedure in cases where there isa need to protect intellectual property rights is considered. It was concluded that there aredifficulties in understanding and, accordingly, in the practice of applying the provisions ofthe legislation regarding the application of the negotiation procedure for public procurementof goods, works, and services that include objects of intellectual property rights. Imperfectlegislation on public procurement with regard to objects of intellectual propertyrights leads to unfair competition in the form of rights abuse. It is proposed to specify inthe legislation of Ukraine the cases in which the negotiation procedure can be applied tothe public procurement regarding objects of intellectual property rights and to identifyspecific objects of intellectual property rights in relation to which such a procedure can potentiallybe applied. Proposed proposals for supplementing the Law of Ukraine «On PublicProcurement» with the provision of Directive 2014/24/EU that the negotiation procedurefor public procurement related to objects of intellectual property rights is used in exceptionalcases when there is no reasonable alternative or replacement, and the lack of competitionis not the result of artificially narrowing procurement parameters. It was alsoproposed to clarify the provisions of Paragraph 5, Clause 2, Part 2 of Article 40 of the Lawof Ukraine «On Public Procurement» regarding the application of the negotiation procedurefor public procurement that include to objects of intellectual property rights as follows:«if the subject of public procurement is goods, works, or services containing objects ofintellectual property rights» in order to better understand it.

A Comparative Analysis of International Drug Price Negotiation Frameworks: An Interview Study of Key Stakeholders.

In 2022, Congress passed the Inflation Reduction Act, which allowed Medicare, for the first time, to begin negotiating the prices for certain high-cost brand-name prescription drugs. Many other industrialized countries negotiate drug prices, and we sought to compare and contrast key features of the negotiation process across several health systems. We focused, in particular, on the criteria for selecting drugs for price negotiation, procedures for negotiation, factors that influence negotiated prices, and how prices are implemented. We included four G7 countries in our analysis (Canada, France, Germany, and the United Kingdom [England]), two Benelux countries (Belgium and the Netherlands), and one Scandinavian country (Norway) with long-established frameworks for drug price negotiation. We also analyzed the Veterans Affairs Health System in the United States. For each system, we gathered relevant legislation, government publications, and guidelines to understand negotiation frameworks, and we reached out to key drug price negotiators in each system to conduct semistructured interviews. All interviews were recorded, transcribed, and coded, and data were analyzed based on an internal assessment tool that we developed. All eight systems negotiate the prices of brand-name prescription drugs soon after approval and rely on formal clinical assessments that compare newly approved drugs with existing therapies. Systems in our study differed on characteristics such as whether the body performing clinical assessments is separate from the negotiating authority, how added health benefit is assessed, whether explicit willingness-to-pay thresholds are employed, and how specific approaches for priority disease areas are taken. High-income countries around the world adopt different approaches to conducting price negotiations on brand-name drugs but coalesce around a set of practices that will largely be absent from the current Medicare negotiation framework. US policymakers might consider adding some of these characteristics in the future to improve negotiation outcomes.

Genesis, current status, and prospects for the development of the institution of negotiation in Ukraine

As of 2024, the use of alternative dispute resolution is becoming increasingly relevant caused by the complicated access to justice due to martial law. The purpose of this study was to analyse the historical experience of using negotiations in Ukraine from the Middle Ages to the present day and to identify the vectors for further development of this institution. Both general scientific and special scientific methods were employed: formal legal and comparative legal methods. It was found that the term “negotiation” can be used in several meanings: 1) the process of reaching an agreement; 2) the stage of court proceedings; 3) the stage of mediation, conciliation, or other methods of alternative dispute resolution; 4) a separate method of alternative dispute resolution. As the times of Kyivan Rus, the Ruska Pravda prescribed an analogue of negotiations – the replacement of blood revenge with a payoff; in the 16th-century Lithuanian statutes, the negotiation process was called “unity”. The “Rights by which the Little Russian people are judged” of the mid-18th century defined two forms of documents drafted as a result of negotiations: a conciliation agreement (without the participation of mediators) and a conciliation verdict (with the participation of mediators). During the Soviet era, legislation tended to establish the right to judicial protection depending on the previous use of alternative dispute resolution. However, since Ukraine’s independence, this trend has changed, and the law now prescribes the right of everyone to choose how to protect their rights. Further vectors for the development of the institution of negotiations in Ukraine may include the introduction of various types of platforms for remote participation in the negotiation process, as well as the development of the legal framework towards detailing negotiation procedures. The findings of this study can be used in teaching disciplines of the historical and legal cycle in higher education institutions of Ukraine, as well as for further forecasting the development of this institution and its improvement

PUBLIC PROCUREMENT IN BULGARIA: DO WE GET VALUE FOR THE TAXPAYER’S MONEY?

The article provides insights of the public procurement practices in Bulgaria within the European Union context. Through an examination of key indicators, trends, and challenges, the study offers a general understanding on how public procurement generates value for the taxpayers’ money with focus on competition. While Bulgaria demonstrates a strong commitment to transparency, challenges persist on national level, aligned with the overall regional trends. The prevalence of single bidding in certain sectors and negotiated procedures without open competition highlights key areas for improvement. Policymakers and stakeholders could enhance competitiveness and fairness in procurement practices, ultimately driving better outcomes for citizens and promoting sustainable development by prioritization targeted interventions and leveraging the available data.

Multi-Stakeholder Decision Support Based on Multicriteria Assessment: Application to Industrial Waste Heat Recovery for a District Heating Network in Grenoble, France

The decarbonization and decentralization of district heating networks lead to the shared use of on-site resources by multiple stakeholders. The optimal design of prospective equipment in such contexts should take into account the preferences and objectives of each stakeholder. This article focuses on the adaptation of a 4E multicriteria model (the criteria being energy, exergy, economic, and exergoeconomic) to include and compare the stakeholders’ performance criteria around the technical design. In addition, two graphical supports are proposed that represent and cross-analyze the different stakeholders’ preferred optima. A preliminary implementation of the methodology is illustrated through a study case in France, which features waste heat recovery for district heating utilization. After presenting the results, a discussion is offered on how to complete the methodology with an iterative negotiation procedure to determine the most suitable design. It was concluded, among other considerations, that the relaxation of the stakeholders’ optimality requirements can greatly enable the project’s feasibility. Such a relaxation could be implemented in the form of a joint consortium. In addition, the results showed that stakeholder relaxations of requirements can lead to new solutions that may outperform the best solutions pre-relaxation. Lastly, perspectives are suggested toward verifying whether relaxed requirements from upstream stakeholders might be more impactful than those of downstream stakeholders.

Conflicts Beyond Borders – Possibilities for International Alternative Conflict Resolution

Mediation is one kind of procedures to solve a conflict. Mediation is based on the voluntary participation of the parties. Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. It is a procedure, in which an intermediary without adjudicatory powers systematically facilitates communication between the parties with the aim of enabling the parties themselves to take responsibility for resolving their dispute. The procedure has the character of confidentiality and the neutrality. Mediation is a negotiation procedure facilitated by a neutral third-party who assists the parties in moving to resolution. The neutral third party has no control over the outcome of the case and conflict, but controls and directs the process itself, he or she is responsible for the procedure. While court proceedings are authoritative, formalised and claim-oriented, mediation offers a flexible, self-determined approach in which all aspects of the conflict -independent of their legal relevance- may be considered. Against this background, mediation -in contrast to court proceedings- is described as alternative dispute resolution (ADR). The question is: to solve the conflict and find a solution or to transform a conflict and reshape the connection between the parties? What is the matter when the mediation process has to be conducted between parties, who live in different countries or when one person of the parents just want to go abroad with the common child or children. How can cross-border mediation help? This publication tries to show a possible answer.

Aspectos polêmicos da tutela de urgência cautelar concedida nos termos do art. 20-b, §1º da Lei nº 11.101/2005

The Law 14.112/2020 brought significant changes to the Law on Judicial Reorganization and Bankruptcy, expressly allowing the use of conciliation or mediation prior to judicial recovery proceedings as pre-insolvency mechanisms to encourage debt negotiation between companies in early stages of distress and their creditors, aiming to avoid the filing of judicial recovery actions. To ensure a negotiation environment between the parties, it admitted the possibility for the debtor to obtain urgent precautionary measures provided for in Article 305 and following of the Civil Procedure Code, to suspend executions against them proposed for up to 60 days, for attempting composition with their creditors, pursuant to Article 20-B, §1 of the Judicial Reorganization Law. However, the innovation of the law brought numerous other challenges to its interpreter. This article seeks to address the issue created about which creditors may be affected by the precautionary measure, whether the effects of the anticipation of the stay period bind all creditors of the company in crisis or only those invited to participate in the prior negotiation procedure, whether the 60-day period is extendable, and how to ensure that the precautionary measure is not used solely to delay debt payment and/or to harm creditors. The proposal of this article is to understand the objectives, limits, and contours of the pre-trial precautionary measure in judicial recovery processes through a systematic interpretation of the Civil Procedure Code in relation to the Judicial Reorganization Law and Law 13,140/2025.

Orphan drugs in Italy: availability and time-to-access at regional level

Introduction: There are an estimated 26 million rare disease patients in Europe, about 2 million in Italy. Access to orphan drugs has been evaluated nationally and internationally, and delays have been observed due to evaluation of price and therapeutic value. The objectives of this study are: to assess the availability of EMA-authorized orphan drugs at national and regional level; to study time trends and regional variability in consumption and spending, and to estimate the time to access in Italian regions. Methods: We evaluate the availability of EMA authorized orphan drugs in Italy. Based on data from the Traceability of medicines dataflow for period 2016-2021 we evaluate the expenditure, consumption and availability of orphan drugs in each region. To estimate the time to access we consider the days between the end of negotiation procedure and the first purchase by regions. Results: In 2021 in Italy are available 94% of EMA authorized orphan drugs. The expenditure and consumption have grown during the last decade. The availability is higher in bigger regions, that also take care of patients from smaller regions. The pro capite expenditure and consumption in DDD/1,000 ab die is similar in all the geographic area. Time to regional access is on average 123 days, that grows to 224 excluding the orphan drugs dispensed before the end of reimbursement procedure.

Resolution of the n-person Prisoners’ Dilemma by Kalai’s Preplay Negotiation Procedure

In this paper, we apply the preplay negotiation procedure proposed by Kalai [1981] [Preplay negotiations and the prisoner’s dilemma, Math. Soc. Sci. 1, 375–379] to the [Formula: see text]-person prisoners’ dilemma with [Formula: see text] and examine whether it promotes cooperation. First, we demonstrate that every perfect equilibrium is a proper equilibrium for any extensive-form game in which players have only two alternatives in each information set. We show that if the preplay is carried out once, the preplay game has a proper equilibrium that realizes cooperation. We also show that if the preplay is executed twice, the game has a proper equilibrium that realizes cooperation regardless of the entering action profile (the starting point of the preplays). Finally, we demonstrate that the preplay game consisting of at least two preplays has a proper equilibrium that realizes cooperation.

A sustainable NEV manufacturer-retailer system under the Nash bargaining framework: considering the impact of the COVID-19 epidemic under the CVaR criterion

Suppose a new energy vehicle (NEV) manufacturer-retailer system where the wholesale price and the order quantity are determined through a negotiation procedure. Considering the impact of the COVID-19 epidemic, the manufacturer and the retailer are both assumed to be risk averse with Conditional Value-at-Risk (CVaR) as their performance measure. With the uniform distribution assumption, we derive the equilibrium solutions as well as the players’ profit shares in the Stackelberg game and Nash bargaining framework. We quantitatively address the impacts of the players’ confidence levels and government subsidy on the equilibrium order quantity, wholesale price and profit allocation in both negotiation frameworks. We find that, in both negotiation frameworks and considering the impact of the COVID-19 epidemic, a more risk-averse (i.e., with lower confidence level in CVaR model) manufacturer or retailer tends to occupy a higher profit share. On the other hand, a higher government subsidy aiming at offsetting the epidemic’s impact leads to a higher profit share for the manufacturer and a lower one for the retailer. A quantitive comparison of the equilibriums in the two negotiation frameworks indicates that more NEVs are ordered by the retailer and a higher system profit is generated in the Nash bargaining framework than the Stackelberg game. Thus, we analytically prove that the Nash bargaining framework is superior to the Stackelberg game for the NEV manufacturer-retailer system in terms of both quantity and profit with consideration of the epidemic impact. In addition, a series of numerical experiments is carried out to illustrate the effects of some significant parameters on the equilibrium order quantity and the system profit allocation in different negotiation frameworks. These numerical experiments also further demonstrate the superiority of the Nash bargaining framework for either NEV player—no matter how the epidemic trend and the government subsidy vary—and provide a quantitative scope for the retailer’s bargaining power to sustainably maintain the win-win cooperation between the NEV manufacturer and retailer in the superior Nash bargaining framework within the epidemic environment. From the perspective of policy, the government should increase subsidy within the epidemic environment to offset the negative effect and can degenerate subsidy when the epidemic dissipates. Furthermore, as the subsidy degenerates, both model results and numerical experiments show that the manufacturer suffers a more unfavorable effect, so the government can preferentially support the manufacturer by adjusting the subsidy to a higher level to alter players’ relative powers and profit shares.

Peculiarities of the negotiation process for the European Union accession

The aim of the work is a comprehensive analysis of the procedure peculiarities of the negotiation process during the accession of the candidate state to the European Union.The methodological basis of the study was the official EU treaties, in which the procedure of the negotiation process was prescribed, and the official websites of the EU institutions appeared, which contain provisions relating to negotiations.Results. According to the results of the conducted research, it was found that the Treaty on the Functioning of the European Union serves as the legal basis during the negotiations. The following negotiation procedure is specified in this Treaty: the Council of the European Union is responsible for negotiations. It initiates the beginning of the negotiation process, adopts the directives that were concluded during the negotiation process, and authorizes the signing of contracts. In addition, it was found that the official start of negotiations begins with the adaptation of domestic legislation to the EU acquis, as well as the implementation of judicial, administrative, economic, and other reforms that must be implemented in the candidate state to fulfill the Copenhagen criteria. According to the results of the study, membership negotiations with the candidate state begin after the unanimous consent of all EU member states, which is highlighted in an official document of the Council of the European Union. These negotiations take place at various intergovernmental conferences between the governments of the EU member states and the candidate state. The article also found that no one chapter of the EU acquis is considered closed until the government of each member state of the alliance is satisfied with the progress made by the candidate state, as the negotiation process is finally completed after the closure of each chapter. At the final stage, all member states of the European Union sign the treaty, where the candidate state receives a special status, and the ratification process between the parties to the treaty begins, following the constitutional norms adopted in the states.Conclusions. As a result of the study, it was found that the EU accession procedure has a clear structure, which can generally be formed into seven main stages. Each of these steps is important and must be unanimously agreed by EU member states.

Stochastic models of the dynamics of the maximum and optimal profit of a manufacturing enterprise introducing technological innovations

The published article presents new stochastic models that describe the dynamics of profit formation in manufacturing enterprises using innovative technologies. The dependence of the enterprise's profit not only on the level of production (transformation) costs, but also on the level of non-production (transactional) costs resulting from the search and processing of economic information, financing of negotiation procedures, conclusion of contracts with partners, protection of property rights and payment for opportunistic behavior has been studied. employees and management of the company. It has been established that in order to find the optimal values of profit, it is necessary to maximize not only the profit function, but also the target transactional utility function that redistributes the profit of the enterprise, both in the interests of management and for the implementation of socially oriented programs. It is shown that the presence of transaction costs makes it unattainable for an enterprise to obtain the maximum possible value of profit, instead of which it is necessary to limit itself to its lower optimal value. For indicators of innovative transformations in the production of an enterprise that affect the increase in output and reduce costs, stochastic differential equations are established, random solutions of which describe the stochastic diffusion process of introducing technological innovations. Algorithms for the numerical solution of the stochastic differential equations of the model are constructed using the EulerMaruyama method, according to which each of their implementations is a stochastic trajectory of random functions of indicators of the dynamics of the development of manufacturing enterprises. For the mathematical expectations of the considered random functions, the corresponding differential equations are obtained. Numerical analysis of the developed model showed that taking into account the external random perturbing factor in the stochastic model leads to significant deviations from the deterministic model of the profit formation dynamics of manufacturing enterprises.

Bioethics on dialogue

Bioethics is dialogical as a ‘bridge’ between two cultures, scientific culture and humanistic culture and because of pluralism. The article analyzes the different theoretical ways to conceive dialogue in the liberal-libertarian perspective (as negotiation procedures), in the utilitarian vision (agreed calculation of convenience) and personalist view (recognition of the dignity of each human being). Bioethics Committees play a key role, both at national, regional and international levels, engaging in dialogue, considering both interdisciplinarity and pluralism in order to identify (if possible) an ‘ethical mediation’, which should not be reduced to a mere compromise or pragmatic agreement, but as a minimum level (or maximum possible level) of shared ethical principles/values on specific topics. Beyond the institutionalization of Bioethics with the Committees, the role of ‘active citizenship’ and ‘citizen participation’ is growing in importance in bioethics, along with the need to build platforms for dialogue with society (beyond experts), which enable dynamic updating and active interaction between experts and citizens.

A model for optimal bus routes packaging in a competitive contracting environment: A case study of Tehran

Transit authorities often prefer to outsource the bus routes to the private sector through a competitive tendering or negotiation procedure. A major challenge for decision-makers in this area is the optimal arrangement of routes among contracts which directly impacts the operating costs, labor costs, vehicle resources, level of competition between private operators, required subsidy, contract price, and system efficiency. Therefore, this study proposes a new model to find optimal route packages considering the parameters including package size, package revenue, the geographic distribution of routes, and terminal locations. The methodology relies on a genetic algorithm equipped with innovative methods, making it applicable to large-scale urban networks. We programmed both the model and the solution approach in C++ programming language and applied them to the city of Tehran as a real case study, which involved 169 routes and 2,215 bus fleets. In the main scenario, 10 packages were identified and compared with the current packages. The results demonstrated a 7.6% reduction in revenue deviation among the packages, indicating improved balance. Additionally, the routes within each package exhibited geographical concentration, aligning with the common terminal approach. By applying the proposed methodology to the bus network in Tehran, the study highlights the potential of the model in outsourcing bus routes to the private sector in similar real-world practices. It is worth noting that the Tehran Bus Organization has utilized the proposed packages derived from this study in their recent tender processes. Evaluation of the new packages' effectiveness demonstrated a notable decrease of 17% in average bid prices. This reduction directly corresponds to a decrease in operating costs and the required subsidy.

KWALIFIKACJA PODMIOTOWA WYKONAWCY PRZY UDZIELANIU ZAMÓWIENIA PUBLICZNEGO Z WOLNEJ RĘKI

Single-source procurement is a specific procedure for awarding a public contract. Compared to other procedures, which include tendering or negotiating and tender procedures, single-source procurement is a purely negotiated procedure, in which only one contractor takes part. In such proceedings, no offers are submitted by competing contractors. These specific features affect the way of making the qualitative selection of the contractor, i.e. verification whether there are grounds for exclusion and whether contractor meets the conditions for participation in the procedure. The purpose of this article is to determine at what point in the procedure the qualitative selection of the contractor is carried out, to what extent and how it is carried out, and how to apply the special self-cleaning mechanism provided for in the grounds for exclusion from the procedure related to arrears in paying public levies.

Models of the dynamics of maximal and optimal profits of a manufacturing enterprise implementing technological innovations

The published article presents new mathematical models that describe the dynamics of the development of manufacturing enterprises using innovative technologies. It is shown that the level of use of innovative technologies in an enterprise depends on dimensionless coefficients that describe the diffusion process of introducing technological innovations and affect the increase in output and cost reduction. The dependence of the enterprise's profit on the levels of production and transaction costs has been studied. It has been established that the formation of transaction costs arising from the search and processing of economic information, financing of negotiation procedures, conclusion of contracts with partners, protection of property rights and payment for the opportunistic behavior of employees and management of the enterprise, force the management of the enterprise to maximize not only the profit function, but also the target a transactional utility function that takes into account the redistribution of profits in the interests of the enterprise's management and for the implementation of socially-oriented programs. Dimensionless redistribution coefficients are calculated, which determine the size of the part of the profit that is used for non-production purposes. It is shown that in the presence of transaction costs, the limiting value of the enterprise's profit is not its maximum possible value, but its lower optimal value.

Judgment Based on Agreement of the Parties: Analysis from the Perspective of Practitioners’ Experience in Croatia

The paper contains an analysis of judgments based on agreement of the parties, a Croatian model of plea bargaining, drawing on the experiences of three groups of practitioners: judges, state attorneys, and defence counsels. Previously conducted comparative legal analysis, as well as analysis of the Croatian normative framework and jurisprudence, was not able to provide answers to a number of questions about the motivation of the parties to negotiate, on the negotiation procedure which is not recorded in the protocol, about the real and the ideal role of the court, and about the real position of the parties and the victim. Hence, these issues were researched through semi-structured interviews with 60 practitioners and then further discussed in four focus groups. Some of the findings uncovered systemic inconsistencies in everyday legal practice in a number of areas. For instance, judgment based on agreement of the parties is more readily used in cases of serious offences, while other consensual forms of proceedings tend to be used for less serious offences. Informal negotiations at all stages of the criminal procedure have proven to be very popular with practitioners and sometimes even encouraged by judges. Yet, the issue of judicial control of the plea agreement divided the respondents, even though the right to judicial review of criminal prosecution is a fundamental principle of Croatian criminal procedure, which covers not only the fundamental issues of legality and voluntariness of the concluded agreement, but also the purposefulness of the proposed sanction. The victim’s position in the plea-bargaining procedure is considered to be adequate, at least as long as the victim is involved, and there is a tendency to consult the victim even in cases when his or her consent is not required by law. Finally, although it is generally considered that defence rights are well protected, there are problematic issues, namely tariffs or the ‘take it or leave it’ offer, as well as the wide discretion of the state attorney when deciding to enter into negotiations and reach agreement. The qualitative analysis of the findings, which is presented in this paper, should contribute to drafting specific proposals for improvements in the legislation and practice of the judgment based on agreement of the parties in Croatian law. Many of these findings may also be relevant for other legal systems, especially those of the continental European legal tradition, since they may face the same problems and questions related to plea bargaining as a global phenomenon.

A literature review of climate-smart landscapes as a tool in soil-water management in Sub-Saharan Africa

Worldwide, information is needed about the social landscape management as there is no known studies that have documented how climate-smart landscape approaches improve soil and water status. In Sub-Saharan Africa, effective social landscape governance necessitates a certain amount of social capital, including trust and agreed-upon standards. Climate-smart landscapes are key to successful soil and water management but little effort have been made to critically improve effective soil and water resources. The study was guided by the specific objectives, which include examining equitable climate-smart landscapes and finding out the major challenges facing the implementation of climate-smart landscapes. Using "landscape governance" AND "climate smart landscape," 31 papers (31) were obtained from the Web of Science (WOS) and twenty-nine (27) from the Scopus databases using search engines from (1992-2022). On equitable climate-smart landscapes, it was found that multi-stakeholder participation in landscape management is an iterative and changing process that can assist in addressing and resolving disputes as well as facilitating fair negotiation procedures for underrepresented and minority groups. Proper planning and the implementation of a comprehensive planning framework that links various planning activities and decision-making processes are required for landscape approaches to be successful. The major challenges included policies and institutions, financial difficulties in the conservation of natural resources, and socio-economic issues. The novelty from this study is to inform policy makers on climate-smart landscape approaches to ease soil and water management.