Public Property Management Research Articles

Public Property Management is a Function of Public Authorities

Public Property Management is a Function of Public Authorities

Модели оценки и классификации региональных инвестиционных проектов, реализуемых в рамках концессионных соглашений

Imposed wide-ranging sanctions require stricter control over the use of budget funds in order to increase the return on investment and minimise the risks of inappropriate spending. Thus, regional development based on the implementation of investment projects with public participation through concession agreements becomes particularly important. The article considers the construction of classification models for the assessment of such projects to identify high-risk concession agreements. State customers can use these models to make informed decisions when choosing a contractor and to improve the efficiency of public property management. For an objective assessment of the integrity of contractors based on financial and other factors, the study used screening models and built-in tools of the SPARK information and analytical system, as well as the methods of descriptive analysis of big data, machine learning and the nearest neighbours approach for clustering regional investment projects according to the risk of improper execution of concession agreements. The presented approach was tested on 1248 regional investment projects implemented through concession agreements. As a result, the research identified two clusters: projects with low risk (83.8 %) and high risk (16.2 %) of improper performance of obligations by the concessionaire. To assess the models’ accuracy and sensitivity to outliers, the confusion matrix and Spearman’s coefficient were utilised, which showed a sufficiently high accuracy of the resulting classification. The constructed models can be used for selecting regional investment projects, as well as for monitoring implemented projects in order to identify potential risks of their non-completion and timely take necessary response measures.

Influence of Early Assessment on Resolving Public Property Management Disputes in Kenya Railways Corporation

Influence of Early Assessment on Resolving Public Property Management Disputes in Kenya Railways Corporation

EFFICIENCY AND CHALLENGES IN PUBLIC REAL ESTATE MANAGEMENT: INSIGHTS FROM LITHUANIA

Public real estate is considered an integral part of national wealth. It generates a wide range of economic activities that contribute to creating and providing common public goods. This study examines the efficiency of public real estate management in Lithuania. Our findings show that public property use, disposal, and management strongly depend on the managerial approach. We apply data envelopment analysis (DEA) in addition to the income value, regression, and correlation methods. We find that there are certain biases present due to the exclusion of some state-owned properties from the public register. Furthermore, we identify the need for greater precision in the indicators used for financial reporting of state-owned assets. The excessive number of vacant asset units poses a challenge, as it requires substantial maintenance expenditures. Moreover, the appraisal of alternative use of these assets is lacking, thereby limiting the potential for maximizing public benefits. Our analysis reveals that the rental price per 1 m2 and the residual value of the leased premises are the most critical determinants influencing the management efficiency of publicly owned property. Furthermore, it is evident that the residential property is the only type of state-owned property managed efficiently within the Lithuanian public sector. These findings underscore the importance of formation of robust public real estate policies.

The effectiveness of the national anti-corruption policy of Ukraine

An effective national anti-corruption policy is one of the means of improving the legal mechanisms of compliance with the guarantees of human rights and freedoms at the national level. The corruption rate in the public sector reflects the state of development of Ukraine as an economic and legal state and its place in the international arena. The aim of the study was to analyse the state anti-corruption policy of Ukraine and the effectiveness of its implementation mechanisms. Empirical and theoretical methods of scientific knowledge, as well as the method of comparative analysis, were used for a comprehensive study of the issue under research. The system of measures for the implementation of Ukraine’s anti-corruption policy has become an effective tool for preventing and countering corruption. Effective anti-corruption measures in Ukraine were: coordinated state anti-corruption strategy; the newly created structure of anti-corruption bodies; virtuous public service; implemented electronic systems for public procurement and property management; regular public reporting; independence of the prosecutor’s office and judiciary; monitoring and control of civil society. Further studies may focus on determining and justifying the impact of the anti-corruption policy on the comprehensive development of the state with the purpose of providing practical recommendations for the implementation of anti-corruption measures.

Land Rights Disputes: Towards the Effective Protection of Rights, Freedoms, and Interest by the Administrative Courts of Ukraine

Background: The choice of an effective and appropriate method of protection is one of the most important stages of legal proceedings because it determines the achievement of the proceedings’ goal. Procedural legislation and the practice of its application to unresolved issues have limited methods of protection in cases of the rights and interests of persons to land by courts of different jurisdictions and the possibility of their cross-application. Methods: To obtain reliable and substantiated conclusions, general and special research methods were used, which processed the results of theoretical research on the problems of justice in Ukraine, land law and administrative process, and materials of legal practice in the form of conclusions on international human rights institutions and Ukrainian courts. Results and Conclusions: The study found that when choosing a method of protection for the infringed right, freedom, or interest, courts should consider the direct relationship between the claim for protection, the content of the right, and the nature of the offence. The jurisdictional component of the right to a fair trial presupposes the need for courts to consider the scope of their powers under the Constitution and laws of Ukraine. The concept of expanding the limits of permissible remedies allows administrative courts to use such remedies (general and special), which will ensure the real restoration of the violated rights, for the protection of which the plaintiff appealed to the court. When considering the requirement to protect the right to a certain object of ownership (including land) in an administrative case, the administrative court is authorised to apply substantive remedies, taking into account the material nature of the violated right, as well as whether the violation was committed by a decision, action, or inaction of the subject of power, which legalises the right of a person to the relevant object of property and is beyond the discretion of the authority in the management of public property.

НАПРЯМИ МОДЕРНІЗАЦІЇ СИСТЕМИ ДЕРЖАВНОГО ФІНАНСОВОГО АУДИТУ УКРАЇНИ В СУЧАСНИХ УМОВАХ

In 2021, economists and practitioners gave positive forecasts for the development of Ukraine's economy, calculated GDP growth rates and opportunities for repayment of accumulated public debts. However, February 2022 completely changed all expectations and divided the history of our country into before and after. The beginning of the war in Ukraine significantly increased the state's need for financial resources, especially in the direction of strengthening its defense capabilities and maintaining the pre-war level of social payments to the population. Such a situation requires strengthening control measures over the processes of formation, distribution and use of budget funds and increasing the effectiveness of the national state audit system. The article examines the key forms of state control in the field of finance (parliamentary and government), identifies and describes shortcomings in the field of organization of state financial audit (hereinafter – SFA), emphasizes the negative features of the subsystems of the functioning of the national SFA system (external and internal SFA), highlights the problems in in the field of organization of SFA methodology. The reasons for the lack of highly qualified employees and high staff turnover in the control bodies authorized to implement SFA are described, the specific consequences that lead to numerous shortcomings in the field of state control are determined, and the main conditions for the formation of an effective national SFA system are determined. Attention is focused on the expediency of adapting the mechanism of SFA to the conditions of martial law and the recovery period. The need to modernize the activities of the main subjects of the SFA – the Accounting Chamber of Ukraine (hereinafter – ACU) and the State Audit Service (hereinafter – SAS) was revealed. The essence of the ACU development strategy for 2019–2024 has been revealed. The structure of violations of budget legislation detected by the ACU and SAS in 2020–2021 is depicted and described. The main reasons and structure of ineffective management of public finances and property in 2021 are revealed. A set of measures has been formed, which will be reflected in the state financial policy. The key changes are highlighted and directions for improving the organization of the SFA in the national economy are outlined.

Public Property Management in Russian Federation: Basic Principles (Part 2)

The article deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation.

Public Property Management in Russian Federation: Basic Principles (Part 1)

The paper deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation.

An evaluative study of public property maintenance practices in a tertiary institution in Ghana

PurposeThe purpose of the study is to evaluate key factors considered in the maintenance and management of property and facilities in a public tertiary institution in Ghana, taking reflective cognizance of the poor maintenance culture in the country.Design/methodology/approachThe cross-sectional design was adopted, employing both structured and semi-structured interview questionnaires for quantitative and qualitative interview data, respectively from multiple individuals in the Koforidua Technical University. The Statistical Package for the Social Sciences (SPSS) tool was deployed to analyze the quantitative data, while the focus group interview was recorded, transcribed and thematically analyzed.FindingsThe paper reveals the need for a working policy and strategy for the maintenance of public property to ensure sustainability of practices. Essential factors such as effective communication flow and the competence of the maintenance team were highly ranked in the maintenance of public property. The use of computerized systems and other technological tools in maintenance practice featured low, and this calls for improvement in the delivery of maintenance services. Another critical finding was the need for effective engagement of all stakeholders in the planning and development of strategies to improve property maintenance.Practical implicationsThe findings have practical implications for practitioners and society at large. Notably, they enjoin public sector institutions to embrace policy-driven public property management and maintenance, strategic outlooks for public property maintenance, technological advancement in property management and effective engagement of all stakeholders in property maintenance delivery.Originality/valueThis paper reviews a collection of maintenance practices and moves further to evaluate them using a case study of a public institution to draw useful outcomes. It offers new knowledge pursued to fill a revealed gap in the literature.

Практичні підходи до вдосконалення оцінки майна територіальних громад

Abstract. Introduction. The years of independence in Ukraine, which were marked by the establishment of a system of free market relations in the economy, were reflected, in particular, in the system of territorial governance. Many processes that were not present in the system of public property management, or were not considered important, now occupy a significant place in the process of effective management of municipal property - and the mechanism of property evaluation of the territorial community has become one of them. Purpose. The main purpose of the article is to study the priority areas for improving the efficiency of property valuation of territorial communities, in particular, real estate, in the modern economic system of Ukraine, as part of a system of effective management of public property. Results. The article considers a number of aspects that connect the system of community management in general and the mechanism of property assessment of territorial communities in particular. First of all, the priority measures of the management system, which require the creation of all conditions for the normal functioning of the community as a whole and each resident individually, have been analyzed, and the related concept of "maximum benefit" has been considered. An analysis of the views of various researchers on the characteristics and criteria for evaluating the activities of the management system and approaches to assessing the effectiveness of communal property, as relevant to assess the full value of the property of the local community. There are two levels of management system. The issues of effective real estate management have been considered and a number of concepts related to management in this area have been analyzed - "optimal use of real estate", "asset management" - and their significance in the context of the current economic and political situation has been analyzed. Conclusions. In the current economic situation and the tendency to change the size of territorial entities, when several different communities come together, the mechanism of property valuation of the territorial community becomes more common and acquires new importance in the management of public property. One of the main types of property valuation of a territorial community is real estate valuation, the importance of which grows with the number of property owners.

Systematic Approach to Internal Control and Audit from the Perspective of Organizational Culture Practiced by Entities of Romania

The internal control and audit system is a component of a company’s management system that focuses on defining individual employee tasks, identifying and implementing the most efficient methods, implementing the most effective information system, and meeting all stakeholders’ needs, expectations, and requirements. The different parts of the internal management control system can be integrated with the other parts of the general management system in order for the internal control objectives to complement the general objectives of an entity, such as development, financing, profitability, and the environment. This integration can make resource planning and allocation easier, formulate complementary goals, and evaluate the entity’s overall efficiency. This reflects the current internal control and auditing method at the entity level regarding organizational culture. The study aims to use organized, statistically measurable (by applying markers of dispersion, central tendency, and correlation) evaluative, predictive, and causal methodologies to verify the theories and hypotheses proposed on the subject. Insurance and counselling add value to the entities’ activities and aid management in maintaining efficient and effective internal audit and control, assessing the reliability of the information, evaluating the effectiveness and efficiency of operations funds and public property management processes, and ensuring compliance with laws, regulations, and contracts

Non-financial goals of municipal Social Housing Associations in managing the communal housing system

Motivation: Social rental housing is an important sector of the housing system aimed at meeting the housing needs of people whose economic strength does not allow them to purchase or rent real estate on the free market, and who at the same time do not qualify for social assistance in the form of the right to rent a municipal flat. In Poland, Social Housing Associations (hereinafter: SHAs; abbreviated and known in Poland as TBS) are the institutional form of this construction industry. SHAs, which are established by municipalities, play an important role in shaping the housing policy thanks to institutional possibilities allowing for the construction and renting of apartments, real estate management on the basis of commission contracts, or acting as a substitute investor.Aim: The aim of the article is to analyse the assumptions of the activities of municipal SHAs. As part of the research, the types of non-financial aims in the provisions of company agreements were examined, in particular according to the criterion of their going beyond the “pure” activity of SHAs, which is the construction and operation of apartments on the basis of lease. The article identifies the optimal selection of non-financial goals covering the areas of managing the housing stock and green areas in its vicinity and managing housing communities.Results: Thanks to the analysis of the provisions of the companies’ agreements of 62 municipal SHAs, it was found that the vast majority of them had non-financial goals that allow for complementary activities in the implementation of the municipal policy. The author managed to distinguish groups of provisions that could serve the implementation of the municipal policy in the field of housing, public property management, spatial order and greenery management.

Consolidarea cadrului legal privind delimitarea proprietății publice a statului și a unităților administrativ-teritoriale

In the Republic of Moldova, there is currently a lack of a unitary, complex and appropriate to existing legal realities, legislative act that will take into account the trends, the experience and current scientific-practical achievements in the field of patrimonial relations of public entities, which will regulate in detail, clear and appropriately the main aspects of public administration activity in the field of public domain property management and private property. In the absence of adequate and unitary normative regulations that will regulate in detail the legal regime of public property, local public authorities in particular, face serious problems in their property management activity being very vulnerable in their relations with central authorities and control bodies. Moreover, the confusing and contradictory normative framework generates favorable conditions for systematic infringement of the patrimonial rights and interests of the local communities, as well as conflicts of competence between public authorities at different levels in the field of public property management, especially related to the delimitation of property by owners and categories. In this regard, several decisions of the Constitutional Court are relevant. They have repeatedly canceled several normative and legislative acts in the given domain and also alerted central public authorities on the need to improve the respective legal framework and bringing it into line with the constitutional principles of ownership, decentralization and local self-government

Public property management in Russia in 2020

Public property management in Russia in 2020

Improvement of methodological approaches to assessing the efficiency of public (municipal) property management

The article presents the results of a comprehensive analysis of methodological documents on assessing the effectiveness of state and municipal property management, adopted in 2020. The purpose of this study was to consider innovations in the field of state (municipal) property management, and to identify some potential risks, in order to minimize them at the stage of implementation of new mechanisms by public administration.

Niepomijalność Prezesa Urzędu Zamówień Publicznych w zamówieniach publicznych

Prawo zamówień publicznych jest częścią publicznego prawa gospodarczego, określaną w piśmiennictwie naukowym mianem prawa zarządu mieniem publicznym. Prawo zamówień publicznych z 2019 roku wzmacnia pozycję prawną Prezesa Urzędu w systemie zamówień publicznych w stosunku do stanu dotychczasowego. Niezależnie od tego do badanego porządku prawnego wprowadzono nowy organ administracji publicznej — Komitet do spraw Kontroli w Zamówieniach Publicznych. Wszystko to świadczy głównie o niepomijalności Prezesa Urzędu w zamówieniach publicznych w społecznej gospodarce rynkowej.

Między gospodarnością a niegospodarnością działań organów administracji gospodarczej

W artykule zaznacza się, że działania podejmowane przez organy administracji go-spodarczej powinny charakteryzować się wysokim stopniem gospodarności, który jest gwarancją prawidłowego zarządu mieniem publicznym. Może to wpływać na oszczędność w wydatkowaniu środków finansowych pozostających w gestii szeroko rozumianego sektora publicznego. Powinno się jednocześnie dążyć do wprowadzenia takich zmian w polskim ustawodawstwie, które ograniczą niegospodarność i wpłyną na ekonomiczny rozwój państwa oraz zaufanie obywateli do organów sprawujących władzę publiczną. Podkreślono, że płaszczyzny zarówno gospodarności, jak i niego-spodarności w działaniach organów administracji gospodarczej są uwarunkowane prawidłowymi decyzjami ustawodawcy. Jego racjonalne działania legislacyjne mogą doprowadzić do ograniczenia wielu patologii w administracji publicznej.

Public Procedures for the State and Municipal Property Regulation

The paper investigates the features of government control over public property based on hierarchical subordination of the participants of the property regulation.The paper deals with the property prerogatives of federal ministries, federal services and federal agencies based on the powers of the owner of items of federal immovable and movable property transferred to the competence of federal unitary and state enterprises under the authority of economic management and operational management. The author justifies the public dominance of the powers to use and dispose of property assigned to the control of federal unitary and state enterprises.Regulation based on the right of operational management is the main property power of the Federal Ministry as opposed to the right of economic management that always operates as its additional public property power, usually mediated by the function of normative regulation. The power of property regulation assigned to the competence of federal ministries does not affect exclusively the management of public immovable and movable property under the authority of the federal and regional executive bodies, but also the competence of administrative bodies of local government to administer municipal property. Unlike the property powers of federal ministries usually mediated by their exclusive regulatory functions, federal services in the areas of law enforcement are endowed with significant mandatory powers providing for the extrajudicial seizure of immovable property from the rightful owner (Federal Security Service, Rosgvardia, Federal Customs Service) who is an offender or a person suspected of committing an offense. In cases under consideration, exercising authority entails termination of the right of ownership in full or the establishment of extrajudicial legal restrictions in relation to the use and disposal of items of non-public immovable property.Municipal property regulation is conditioned solely in the context of whether it meats the needs of local government and, unlike state property regulation, does not pursue the purpose of ensuring national interests in the areas of economy, industry, administrative-political activity. The author has investigated the features of municipal unitary and state enterprises regulation on the basis of property powers transferred to them by an executive administrative municipal body. The paper has paid considerable attention to the delegation of state property powers to local governments, as well as ensuring financial self-sufficiency of municipalities.Municipal property regulation, based on the powers of economic management and operational management, is predetermined solely by hierarchical subordination of public entities property relations and is determined by the requirements of administrative legislation.Property regulation in federal cities endowed with the powers of the constituent entity of the Federation is based on the dominance of the state regulation and limitation of the powers of municipal bodies in terms of ownership, use and disposal of urban immovable property, movable property, financial assets.

Presumption of the Effectiveness of Public Property Management as a Factor of Improving the Criminal Policy Regarding the Abuse and Excess of Authority

The article examines ways of improving the practice of criminal law enforcement in the cases of the abuse and excess of authority in public property management. The author proves the insufficiency of the current indicators of criminal punishability when the excess or abuse of authority in the management of public property takes place. It is necessary to include into law (at least within the framework of the guidelines of the Plenary Session of the Supreme Court of the Russian Federation) the presumption of the maximum effectiveness of the selected method of managing the public property. The author attempts to formulate and describe the normative content of the suggested presumption using the thesis of equal effectiveness’ potential for different forms of property. The author also comes to an interim conclusion that this presumption is a specific case of a more general presumption of the effectiveness of a public owner. It is proven that the use of the analyzed presumptions agrees with the solidifying social role of public property, unlike the empirically unsubstantiated thesis of its apparent ineffectiveness. This circumstance excludes the linear approach to the assessment of managerial decisions regarding public property and, thus, shows that the established indicators of criminal punishability of the excess or abuse of authority by officials are insufficient for making well-grounded decisions on the initiation of criminal prosecution in connection with public property management. It is suggested that criminal punishability must be based on the expert assessment of managerial decisions made by officials, of their actions (inaction) in comparison with other possible scenarios within the examined managerial situation, which must be carried out at the stage of initial inquiry. The results of this expert assessment must form the grounds for making decisions regarding the initiation of criminal cases on the excess or abuse of authority against specific officials. Besides, the author also states that there are certain limits to applying this approach and that it is not universal.