State Participation Research Articles

PARTICIPATION OF THE STATE IN INTERNATIONAL COMMERCIAL TRANSACTIONS (INTERNATIONAL COMMERCIAL ACTIVITY): IMMUNITY ISSUES

The article examines current trends in the development of state immunity in international commercial relations. The author characterizes and defines the concept of a commercial transaction while identifying the peculiarities of the state's participation in these relations as a subject of private international law. International legal instruments and national legislation in this area are analyzed. The author substantiates the necessity of applying limited immunity in international private law relations and places special emphasis on court practices.

INTERNATIONAL PRIVATE LAW RELATIONS WITH PARTICIPATION OF THE STATE: GENERAL CHARACTERISTICS, CONTENT, TYPES, IMMUNITY

The article examines current trends in the development of state immunity in private international law relations. The author defines the scope of these relations and provides their general characteristics, while also identifying the peculiarities of the state's participation as a subject of private international law. Furthermore, the author explores the content and types of international private legal relations, along with their development trends and regulatory peculiarities. Special attention is given to the development of state immunity and the justification for functional (limited) immunity of states. Legal acts are analyzed, showcasing the role of judicial practice in this domain. Finally, the author argues for the necessity of applying functional (limited) immunity in international private law relations.

Global trends in world politics as a limitation of the foreign policy maneuvers of the state

This article aims to analyze the global trends in political development and the state's position in the international relations matrix, with a special focus on the importance of choosing a development model for the state, particularly in terms of European and Euro-Atlantic foreign policy vectors. This study employs a descriptive analytical research design. The data were gathered from a comprehensive review of relevant literature on globalization, deglobalization, European integration, and Euro-Atlantic development. The research finds that globalization is a megatrend that has significant implications for the present world order. The increasing influence of post-modern structures, such as transnational corporations, and the global digitalization in all spheres of life of society, especially during pandemics, have accelerated global processes and are viewed as tools for sustainable development. Deglobalization, manifested in regionalization and glocalization, is considered a countertrend for globalization. The article also emphasizes the crucial role of European and Euro-Atlantic integration in the state's participation in globalization processes. The analysis presented in this article has several practical implications. It suggests that the state's foreign policy must be aligned with globalization trends and the deglobalization of the global universe's influence, establishing new centers of the world order and new regional powers. It also highlights the importance of European integration and the Euro-Atlantic vector of development in the state's globalization strategy.

Does The Privatization Worth It? Factors Influencing the Quality of the Brazilian Privatization

The state's economic participation has been intensely debated over the past three decades. In Brazil, especially after the advent of the Federal Constitution of 1988. Privatization in Brazil, however, was instituted by Law 8.130/90, which instituted the National Privatization Plan, aiming to transfer to the private sector activities improperly exploited by the public sector. This article investigates the quality of services provided by privatized companies or public concessions through interviews. The main conclusions indicated a complex privatization process, as there is evidence related to five topics: (i) oversight, (ii) quality in privatization, (iii) regulation, (iv) competition, and (v) public service. In addition, the careful analysis suggested implications for the privatization process and public concessions. In addition, implications for the public administration to focus its efforts on improving oversight and scheduling itself in pre-regulating the privatization process. Finally, free competition aimed at competitiveness and low prices are topics to be discussed in this article.

Conceptualization of the socio-economic vector of restoring the tourism and recreation potential of Ukraine in the conditions of martial law

The legitimate task of the government and local self-government under the current conditions of martial law, in particular, against the background of a decrease in industrial potential, is to find ways to develop and effectively use the tourism and recreation potential of Ukraine and individual regions. At the scientific level, this task is transformed into a research question regarding the prospects of strengthening the socio-economic role of Ukraine's tourism and recreation potential in wartime. This work aimed to conceptualize the socio-economic vector of restoration of Ukraine's tourism and recreation potential during the war. Following the purpose of this study, the critical research results were obtained based on systemic, dialectical, and anthropocentric approaches using methods of critical analysis of scientific sources, structural-functional analysis, and phenomenological conceptualization. According to the results of the conducted research, it was established that, firstly, the restoration of the tourist and recreational potential would not aim so much at the intensification of the economic development of the territory (which seems to be expedient after the end of military operations) or of the state (which appears to be at least a dubious decision from the point of view of Ukraine's foreign partners, because it will not have the same effect as, for example, investments in industry, agriculture, and the fuel and energy complex), as investments in the restoration and preservation of the human potential of the state. Secondly, it has been proven that the emphasis on the social role of the tourist and recreational potential will allow for bypassing the restrictions imposed on the state's participation in economic processes under the market economy since economic issues. However, they will be solved in general. They will recede into the background against the background of solving the social problems of unemployment, migration, and cultural, spiritual, and physical restoration of the nation.

Overcoming challenges to the adjudication of election-related disputes at the African Commission on Human and Peoples' Rights: Perspectives from the Ngandu case

The African Commission on Human and Peoples' Rights is increasingly taking on the role of a regional electoral adjudication body in resolving election-related human rights violations. While this role is essential because of the contested nature of elections in Africa and the inability of many national election resolution mechanisms to sanction election irregularities, the African Commission must master the intricacies of election dispute resolution in member states for its recommendations to be based on sound legal principles. Its decision in the Ngandu case provides an opportunity to assess the nature of some of the challenges faced by the Commission when adjudicating election-related disputes and how to overcome these. In this decision, the African Commission found that the Democratic Republic of the Congo had violated the complainant's right to defence, to political participation and to work following the annulment of his election as a member of the National Assembly by the country's interim Constitutional Court (the Supreme Court of justice). The analysis of the case suggests that, despite the African Commission's ability to re-affirm the relevance of the right to political participation for the consolidation of democracy in Africa and protecting the right to a fair trial and to work, it must address three types of challenges in its role as election-adjudication body using the procedural mechanisms provided for in both the African Charter and the Rules of Procedure. These challenges are the knowledge of electoral justice systems operating in the DRC and Africa at large; the impossibility of restitution as a form of reparation; and the state's participation in proceedings and the implementation of recommendations.

Досвід найвідоміших ґрунтових інформаційних систем світу. Аналітичний огляд

The review article is devoted to the analysis of the practical experience of famous world centers for the collection of soil information in databases and soil information systems. The article examines the global experience of information provision of soil research and implementation of information technologies for soil resource management. The importance of developing databases of soil parameters and properties using methods standardized and harmonized with international ones is indicated. The main concepts of soil information systems are outlined and their classification by activity levels is given. A set of criteria has been defined that outlines the purpose of creating a soil information system, its structure, the set of data that should be supplied to it, the degree of their availability to users and the degree of applicability in soil management. An overview of the largest soil information systems in the world was conducted, the principles of their construction, functioning and ways of interaction with each other were determined. The largest soil information systems are global GLOSIS (FAO GSP) and WoSIS (ISRIC), regional ESDAC (EU countries), national NASIS (United States of America), CanSIS (Canada) and ASRIS (Australia). They can be considered as the main models for building and configuring the functionality of the national soil information system, which will allow Ukraine to integrate into the international soil data exchange system. The share of our state's participation in international soil information systems and the role of the NSC "ISSAR named after O.N. Sokolovsky" in replenishing the world's soil databases have been determined. The largest number of soil profiles of Ukraine is presented in WoSIS, which receives information about soils from many national and regional databases.

ДІЯЛЬНІСТЬ ДЕРЖАВИ ЩОДО ЗАБЕЗПЕЧЕННЯ СОЦІАЛЬНОГО ЗАХИСТУ ОСІБ З ІНВАЛІДНІСТЮ

The article examines the state activities aimed to ensure social protection of persons with disabilities and analyses the legal framework of Ukraine which has a significant impact on the regulation of the issue. The author draws attention to the significant percentage of persons with disabilities in the general structure of the population of Ukraine and demonstrates the dynamics of growth in the number of this category of persons, including recently due to the consequences of the fullscale invasion of russia into Ukraine, which certainly requires expanding the state's participation in ensuring their social protection. The author came to the conclusion that social protection of persons with disabilities is a set of measures implemented by public authorities to ensure their rights and opportunities in all spheres of life and full realisation in society. It is established that when determining the state policy on social protection of persons with disabilities, public authorities and local self-government bodies should primarily proceed from the needs and interests of this category of population, and also take into account the implementation of the full range of opportunities necessary for their active life. Attention is drawn to the need to introduce EU standards to better ensure social protection of persons with disabilities and to the urgent need for educational programmes to eliminate prejudice against persons with disabilities in society, training of sign language interpreters, and implementation of socialisation programmes. Particular attention is paid to the role of NGOs, such as the Ukrainian Society of the Blind (UTOS) and the Ukrainian Society of the Deaf and Dumb (UTOG), which promote equal rights and opportunities for persons with disabilities and their social protection, social, labour and medical rehabilitation and monitor the implementation of state policy in the field of ensuring the rights of people with disabilities.

Financing Russia's transport infrastructure using public-private partnership facilities: Current challenges and prospects

Subject. This article examines the main ways and legal forms of implementation of transport infrastructure projects in the Russian Federation, the challenges associated with financing, and the prospects for the development of the public-private partnership (PPP) mechanism when implementing transport projects. Objectives. The article aims to substantiate the effectiveness of the use of PPP mechanisms when implementing transport infrastructure projects in Russia to ensure the long-term development of the country. Methods. For the study, I used analysis and synthesis, deduction and induction, statistical and graphical analyses, and comparison. Results. The article assesses the role of PPP facilities in project financing to encourage the inflow of investments in the field of transport infrastructure and determines the main organizational and legal framework for the implementation of transport projects. Conclusions. The State's participation in project financing through PPP mechanisms when implementing transport infrastructure projects in Russia can help improve the attractiveness of long-term projects with high capital expenditures due to a more efficient and flexible distribution of risks and responsibilities among the key partners, and it also contributes to the achievement of national transport objectives significantly.

ИНСТИТУЦИОНАЛЬНЫЕ ПОДХОДЫ К ИННОВАЦИОННОЙ ТРАНСФОРМАЦИИ СОЦИАЛЬНО-ЭКОНОМИЧЕСКОЙ СИСТЕМЫ РОССИИ

The reforms carried out in the socio-economic system of Russia determine the choice of the vector of its development and the pace of modernization of existing economic structures, systems of relations and institutions and their replacement with new formats that adequately meet external challenges and threats to sustainable economic growth and development of the country. Sustainable economic growth and the development of the socio-economic system are ensured, first of all, by the creation, functioning and development of an institutional environment adapted to modern conditions of the life of the state and society, ensuring the inflow of large-scale volumes of investments and innovations into the economy, the formation of an effective system of public administration at all levels of government, etc. At the same time, the fact is obvious: one of the main reasons for the insolvency of transformational, market and structural transformations carried out in Russia is that the state's participation in the restructuring of the national economy and the regulation of socio-economic processes was very limited. For modern Russia, the structural and transformational transformations taking place in it should be analyzed, including in the context of the innovative transformation of its socio-economic system. The article discusses the specific characteristics and features of the institutionalized transition of the domestic economy to an innovative path of development, activating and stimulating innovation to economic growth.

DEVELOPMENT OF THE BANKRUPTCY INSTITUTE IN UKRAINE IN THE CONTEXT OF ENSURING ECONOMIC SECURITY OF BUSINESS

Purpose. To define the principles for the formation of an effective institute of bankruptcy in the context of the economic security of business, to substantiate the model of the state's participation in the institutional design of bankruptcy in Ukraine. Methods. The analysis of the bankruptcy institute in the context of ensuring the economic security of the business is based on the institutional approach, methods of analysis, synthesis, and generalization. The substantiation of the model of the state's participation in the institutional design of bankruptcy in Ukraine was carried out on the basis of a comparative analysis of the bankruptcy institute in Ukraine and models of the bankruptcy institute in the USA, Germany and France. Results. Attention is focused on the priority importance of institutional changes in forming and developing bankruptcy legislation in the context of ensuring the economic security of business entities. Based on the results of the research, the principles of effective bankruptcy legislation are formulated: the goals and mechanisms for implementing insolvency legislation should be coordinated by the institutional environment formed in society; an important factor in the effectiveness of the bankruptcy institute is the balance of stakeholders' interests. Based on a comparative analysis of the bankruptcy institute in Ukraine and the formed models of the institute of bankruptcy in the United States, Germany and France, it has been proved that in the countries of catching-up development, which include Ukraine, there is no mechanism for automatically balancing the interests of stakeholders in carrying out the bankruptcy procedure. This necessitates the participation of the state in the institutional design of bankruptcy. It is substantiated that the model of the bankruptcy institute in Germany is the most appropriate for being implemented in Ukraine since it does not block the development of market institutes. Scientific novelty. There are proposed criteria for the effectiveness of the bankruptcy institute in the context of ensuring the economic security of business based on comparing the standards for ensuring the balance of stakeholders' interests in following the bankruptcy procedure and the institutional environment established in society. Practical significance. The results of the study form a theoretical basis for improving bankruptcy legislation and mechanisms for its enforcement from the standpoint of ensuring the economic security of business entities.

Post-pandemic Trends in the Development of Social State Institutions

The article analyzes the new conditions and institutions of socio-economic dynamics developing under the influence of COVID-19 and overcoming its consequences. New directions of the macro-management system are actualized by the economic recession that arose under the influence of COVID-19 and the previous depressive rates of economic growth. Social conditions and tensions have predetermined the growth of the state's participation in socio-economic development, the formation of new institutional trends. Transformation of public administration institutions is due to the long-term influence of the characteristics of the information society and the conceptualization of modern sustainable growth in the areas of welfare, poverty reduction, and ecology. In the Russian Federation, a transition is underway to a new form of institutional regulation of socio-economic dynamics based on a system of medium-term strategic planning in the range from the development of key long-term development strategies to the operational management of specific projects. The modern national development goals and their indicators are presented, the existing risks of strategic planning are structured, which require consideration when developing subsequent system solutions. The current principles of the welfare state have been clarified, institutional innovations in the organization of social protection of the population are shown in the context of strategic planning, the interaction of federal and regional authorities in the problem field of social assistance and social insurance of the population.

Privatization or Public Private Partnerships? The State's Role in Education

This article examines the Indian government's projected public–private partnership (PPP) efforts in educational in its Eleventh and Eleven Five Year Plans. The research seeks to establish the state's role as a financier, manager, and administrator of instruction using the recommended PPP approaches. The findings show that PPPs in schools are directly linked to privatized, or that, despite assertions of a "vastly increased role that the nation," the recommended techniques limit the state's participation in education financing, administration, and governance. In compare to most African and Latin American countries' experiences, there has been little focus in the broader policy debate on the role that reinvigorated marketing of a domestic manufacturing capacity in either an import tariffs atmosphere out over five decades that followed liberation may well have rarely played in nurturing specific prerequisites that enabled globalization but instead nationalization policy positions to 'take' as much favorably.

The state policy of Kazakhstan in the space industry: from the implementation of development programs to the formation of the institutional memory of the industry

The article deals with the state policy of Kazakhstan in the field of space activities. The author identifies three elements that traditionally underpin public policy in Kazakhstan. The first element is the state's participation in the industry, which can be in an active or passive phase, depending on the existence of a valid state development program. The second element is the legal framework that regulates relations between all current and potential industry participants. The third element is institutional development, the presence of production infrastructure, organizations, and human capital employed in the industry and emerging activities, established practices, and procedures. The author uses a conceptual approach that assumes that the state, among all possible actors in the space industry and plays a decisive role in it, including due to such a factor as techno-politics, that is, the use of technological and scientific achievements of space in national construction. For this reason, the article is mainly focused on the analysis of state development programs implemented in the space industry over the years of independence. The evolution of the goals and objectives of public policy, its correlation with external risks and opportunities, the results achieved, and the remaining problems are traced. The current global trends in the development of the industry, which challenge the space industry in Kazakhstan, are noted. It is concluded that now, the space industry of Kazakhstan has not achieved its strategic goals – to reach the level of commercial projects with a steady demand for the services provided.

ОПЫТ И ПЕРСПЕКТИВЫ РАЗВИТИЯ ТЕХНОПАРКОВ В РЕГИОНАХ РОССИИ

The article is devoted to the study of the experience of the development of technoparks and the determination of their development trends that need to be supported at various levels of innovation management. Innovative development of the country is connected with advanced technologies and their integration into socio-economic regional systems. The process of broadcasting scientific and technological progress for business entities depends on the quality of the institutional and logistical environment in which technoparks play a key role as relatively independent and separate structures consolidating scientific, human and technological resources. The object of the study is the technoparks of Russia. The subject of the study is the process of technoparks1 functioning and development. The purpose of the work is to study the peculiarities of the technoparks1 functioning and development in Russia. In the course of the work, strategic directions for the development of technoparks were identified, limitations of their integration into the business environment of the country’s subjects were identified, directions for improving the efficiency of cooperation and functional optimization were proposed. Research methods are the following: methods of system, situational and comparative analysis were used in the work. As a result of the study, the high importance of the state's participation in the development of technoparks as a key subject of innovation activity is determined. The necessity of public-private partnership is substantiated, which determines the vector of sectoral development based on the interest of leading enterprises in regions of various specialization. The limitations of sustainable integration of technoparks are determined due to the inconsistency of traditional approaches to managing these structures, the need for fundamentally new management models in difficult situational conditions. It is necessary to search for tools to attract qualified personnel on a platform basis, providing opportunities for the implementation of complex knowledge-intensive projects. The improvement of domestic technoparks is a necessary and significant element in the development of the national innovation system in order to support an innovative breakthrough in a situation of economic crisis and globalization

ПРОБЛЕМА ОБҐРУНТУВАННЯ ЧАСТКИ ДЕРЖАВИ У ПРОЄКТІ ДОРОЖНЬОГО БУДІВНИЦТВА НА ЗАСАДАХ КОНЦЕСІЇ

In the proposed article, an attempt is made to resolve one of the most pressing issues that arise when justifying the implementation of road construction projects on a concession basis. This is a question of state participation in co-financing the project. The task has a double limitation. On the one hand, the opportunities for state participation in such projects are limited by the financial resources of the State Road Fund. On the other hand, the state's participation is limited by the project's internal capacity to provide sufficient cash flow.The criteria for selection of projects implemented in the transport sector were studied. Additional requirements for the adequacy of expected cash flows have been formulated for projects that are expected to be implemented on a concession basis. The first step involves determining the creditworthiness of the project. The second is to ensure the required rate of return for private investors. The third step determines the need for state participation in co-financing the project and its respective share.

ANALYSIS OF PUBLIC ENTERPRISES IN THE REPUBLIC OF SRPSKA AND ASSESSMENT OF THEIR FINANCIAL RISK

The paper investigates how financially insecure public companies in the Republic of Srpska are using the Altman EM score model and the RAPO model developed on business entities in the Republic of Srpska. Public companies are classified as low, medium and high risk companies in terms of the probability of going bankrupt. The results show that in the observed period from 2013 to 2018, half of public companies are constantly in the problem zone, while about 40% are in the safe zone. That is, companies that have been identified as problematic have been in that group for many years, while those with low business risk have been consistently successful. The paper also presents the state's participation in the capital of public companies, as well as expenditures in the form of subsidies and recapitalizations that are allocated from the budget every year.

ANALYSIS OF AGRICULTURAL PRODUCTION AS A KEY FACTOR OF ENSURING FOOD SECURITY IN UZBEKISTAN AND ITS REGIONS

This article discusses the state of food security factors and indicators in Uzbekistan and its regions. Relevant comments were also made on the state's participation and support in ensuring these indicators. Special attention is paid to the factors and indicators of food security. Agricultural production indicators are taken as one of the key factors in ensuring food security in the country and its regions, and these indicators were analyzed by republic and its regions. In the course of this analysis, the analysis of indicators of growth of agricultural production in the country and its regions, the structure of agricultural production was carried out. Based on the data studied, conclusions are drawn about the current state of development in terms of food security and recommendations are made on the main directions of state policy in the country and its regions.

Efeitos da COVID-19 sobre a economia do semiárido baiano: dinâmica atual e implicações futuras

Este trabalho avalia cenários para a região semiárida baiana, no processo de recomposição da economia brasileira, após a crise de saúde do novo coronavírus (Covid-19). O estudo parte do entendimento de que é inevitável a adoção de políticas de expansão do gasto público para achatar a curva de recessão sem agravar a curva de infecção. Tomando essa compreensão por referência, a hipótese básica é de que a necessidade de reequilibrar as contas públicas no longo prazo, implicadas pelas medidas de isolamento social, levará os governos a reduzirem a participação do estado na economia, comprometendo as regiões mais pobres. Como a administração pública é o principal segmento da atividade econômica e os programas de transferência de renda estão na base da dinâmica econômica dos municípios do semiárido baiano, as políticas de ajuste futuro irão comprometer o desenvolvimento da região, agravando os desequilíbrios regionais e as desigualdades sociais. Conclui-se com cenários desfavoráveis para o semiárido baiano, em decorrência da perda de dinamismo econômico.

Trajetórias da bovinocultura de corte na Argentina e no Brasil: uma análise histórica e comparada sobre os efeitos das políticas de estado nos últimos dois séculos

Nos últimos 200 anos, Argentina e Brasil dividiram a importância na produção e na comercialização global decarne bovina. Num primeiro momento, ao longo de quase um século, a detenção de tal poder esteve na mão dos portenhos, que utilizaram muito bem as características das terras pampeanas para multiplicar os seus rebanhos.Nos últimos 60 anos, porém, de forma surpreendente, o Brasil assumiu essa tarefa e se tornou o detentor domaior rebanho comercial do mundo e o maior exportador de carne bovina do planeta. Nesse estudo, por meio de uma análise histórico-comparativa, buscou-se analisar qual a participação do Estado no crescimento do rebanho bovino, em cada um dos dois países, ao longo desse período. Para tanto, segmentou-se o tempo em subperíodos, os quais foram denominados de ‘casos’ e criou-se parâmetros de comparação através de uma gradação indicativa do impacto provocado pelas políticas e ações governamentais sobre o crescimento dos rebanhos. Utilizou-se fontes secundárias e documentais para levantar os dados históricos. Os resultadosmostraram que, tanto na Argentina, quanto no Brasil, a participação estatal, direta ou indireta, foi determinante para influenciar no crescimento dos rebanhos e na consequente participação do agronegócio da carne bovina na balança comercial dos dois países.