Supervision Authority Research Articles

Reforms of Political Finance: Strengthening Democracy by Reducing the Impact of High-Cost Politics

This study has two objectives: First, to examine high-cost politics in Indonesian elections; Second, to propose measures to strengthen the Ministry of Home Affairs’ authority in political finance supervision and enhance regulations to promote electoral transparency, using the recent Indonesian elections as a case study. Indonesia’s political process is characterized by high-cost politics, where candidates often face pressure to raise substantial funds to finance their election campaigns. Consequently, elections, meant to serve as a democratic platform for all Indonesians, frequently become subject to abuse by individuals seeking to attain power. The primary goal of this study is to gain a comprehensive understanding of the high-cost politics in Indonesian elections and its impacts on democratic integrity. The study utilized a normative juridical methodology, incorporating statutory and conceptual approaches. The findings indicated that transactional and money politics, along with high-cost politics in Indonesia’s elections, pose a serious threat to democracy. The Ministry of Home Affairs and the General Election Supervisory Agency must strengthen their legal instruments to monitor political party finances. Furthermore, political actors must be encouraged to reduce high-cost politics.

INSTITUTIONAL ANALYSIS OF THE RECOMMENDATION Z FROM THE POLISH FINANCIAL SUPERVISION AUTHORITY ON THE PRINCIPLES OF INTERNAL GOVERNANCE IN BANKS

Corporate governance, which includes, among others, the bank management system, bank organization, and mutual relations of people performing key functions in the bank, after the global financial crisis of 2007, became one of the leading aspects in which banks, as well as national microprudential supervisory authorities, must pay special attention to. This paper aims to present the results of the institutional analysis of the recommendation of the Polish Financial Supervision Authority regarding internal governance in banks, carried out using a normative set method. Thanks to the application of this research method, the sources of the titular recommendation, its administrators, main beneficiaries, and maleficences are determined, and the selected resulting action plan regarding the policy of approving new banking products is reconstructed. The article also contains conclusions resulting from the application of the normative set method to the interpretation of regulations classified as soft law.

Ekonomiczne determinanty popytu na ubezpieczenia na życie – ujęcie regionalne

Insurance has various functions in the economic and social spheres. Life insurance is a specific type of insurance, offered in the form of individual or group insurance. Research on insurance market at regional level is undertaken relatively rarely. The aim of the study presented in this paper is to identify economic factors determining the level of demand for individual and group life insurance on regional insurance markets. Dynamic econometric models for panel data (GMM estimator) with demand expressed in gross written premium per capita (life insurance density) have been used in the analysis. The research was carried out on the basis of data at voivodship level for the period of 2017–2021 from Statistics Poland and the Polish Financial Supervision Authority. The regression analysis demonstrated that an improving economic situation of the region and households’ growing disposable income positively affected demand for life insurance, while a poor situation on the labor market (indicated by the unemployment rate) had a reverse effect. Individual insurance demand responded stronger to changes in disposable income and the unemployment rate, whereas group insurance demand was more sensitive to changes in the region's economic situation. The level of insurance consumption observed in a given period is determined by that observed in the previous period, which indicates the phenomena occurring on this market are of a relatively stable character.

Challenges and Development of the Insurance Market in Albania

The insurance market in Albania has experienced substantial changes in recent years. This analysis focuses on the structure and performance of the insurance market in Albania, including the main product categories such as compulsory and voluntary insurance. One of the main challenges for the insurance market in Albania is the low level of penetration compared to European standards. Public awareness and promotion of insurance culture are important factors in improving this aspect. The study also addresses legal changes and innovations in the market, including changes in the legal framework and insurance technology. This analysis is based on various sources, including the Financial Supervision Authority (FSA) reports, financial data of insurance companies, and insurance market trends. Understanding these aspects provides a complete overview of the developments and challenges of the insurance market in Albania and brings a basis for the discussion on the growth opportunities of this sector in the future. The methodology provides a structured approach to investigate the challenges and development of the insurance market in Albania in the post-pandemic period. By combining data from various sources, the study aims to produce a comprehensive analysis that can inform policy recommendations and strategic decisions for stakeholders in the Albanian insurance industry. The study revealed that the market demonstrated resilience despite initial disruptions, with a gradual recovery in premium volumes and a rebound in demand for various insurance products. The pandemic accelerated the adoption of digital technologies, leading to improved customer service, streamlined operations, and enhanced data management.

Integrating Blockchain technology within an Information Ecosystem

ContextBlockchain-based Information Ecosystems (BBIEs) are a type of information ecosystem in which blockchain technology is used to provide a trust mechanism among parties and to manage shared business logic, breaking the traditional scheme of Information Ecosystems dominated by a leading company and leveraging the decentralization of data management, information flow, and business logic. ObjectiveIn this paper, we propose architecture and technical aspects concerning creating a BBIE, underlining the advantages supplied and the logic decomposition among the business and storage components. MethodThe requirements are derived from the current needs of the collaborative business and the data collected by surveying practitioners. To get these needs we followed the Grounded Theory research approach. We validate our architectural schema against a case study on managing a wine supply chain–involving different companies and supervision authorities. ResultsThe proposed solution integrates blockchain-based applications with the existing information system as a module of the ecosystem, leveraging on the low costs, scalability, and high-level security because of the restricted access to the network. ConclusionWe must go a long way in deepening and refining the possibilities offered by technology in supporting innovative multi-organizational business models. BBIEs can contribute substantially to paving the way in such a direction.

АНАЛИЗ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ДОЗНАНИЯ ГОСУДАРСТВЕННОГО ПОЖАРНОГО НАДЗОРА ФЕДЕРАЛЬНОЙ ПРОТИВОПОЖАРНОЙ СЛУЖБЫ ПО ОСУЩЕСТВЛЕНИЮ ДОЗНАНИЯ ПО ДЕЛАМ О ПОЖАРАХ ЗА 2023 ГОД

The authors show the statistics of the work of the state fire supervision authorities of the EMERCOM of Russia for 2023. The article reflects statistics on the number of accepted reports of crimes, considered reports of crimes, on the number of criminal cases on fires under articles 168, 219 and 261 of the Criminal code of the Russian Federation. Data on the number of suspended criminal cases on fires, solved criminal cases on fires, the amount of property damage in fire cases in 2023 are shown. The authors show typical violations in the investigation of criminal cases on fires.

Utilization Schemes of the Pre-Settlement Risk Limits

The purpose of the article is to investigate the selected method employed to manage the counterparty credit risk, namely the application of various risk limits. The aim is to recognize utilization schemes of the pre-settlement risk limits in the Polish OTC derivatives market in the relationship between a financial institution and a non-financial counterparty. They are used not only to cover the credit exposure but also to support and enhance the entire market risk management process and day-to-day operations in the financial institutions. Methodology. The research method comprises the analysis of recommendations of the Polish Financial Supervision Authority as well as reports, documents and market risk management principles of selected financial institutions (WSE listed banks). Results of the research. The study indicates two utilization schemes of the pre-settlement limit setup applicable both for daily and credit-related transactions. The first one assumes that the risk requirements remain unchanged during the contract lifetime, the second one considers variable risk requirements over time. Practical implications are discussed (in relation to a notional trade size, risk exposure and margining policy).

Структурно-статистический анализ работников промышленных предприятий, пострадавших при пожарах

Personal characteristics of employees of enterprises affected by fires at industrial facilities in 2020–2022 depending on their risk category have been analyzed. The industrial facilities are divided into three groups: facilities not subject to classification; facilities of low-risk category not subject to scheduled supervision and control by the state fire safety supervision authorities; and facilities of extremely high, high, significant, medium, and moderate risk subject to scheduled control (supervision). The most common cause of fatalities was poisoning with toxic combustion products of fires (47.7 % of cases). This was the cause of 59 % of cases at the facilities of the 2nd group of risk and only 26.5 % of cases of the 1st group. Among the conditions that contributed to fatalities during fires, is untimely evacuation as a result of alcoholic (narcotic) intoxication. This condition is relevant for the facilities of the 1st and 2nd groups in 34.1 and 36.8 % of cases respectively, whereas for the facilities of the 3rd group, it is only 20.3 % of cases. In 67.3 % of cases, fatalities occurred before the arrival of firefighting subdivisions. Among the conditions contributing to injuries, the most common is the damage by the associated manifestations of fire hazardous factors as a result of explosions with a share of 16.4 %. Injuries caused by explosions occurred at the facilities of the 3rd group in 19.3 % of cases, whereas for the facilities of the 2nd group, it is only 8 % of cases. In the majority of cases, injuries caused mild body harm in 56 % of cases; severe harm was induced in 16.9 % of cases. The analysis has shown that, when implementing occupational safety measures at enterprises, drilling of personnel’s actions in case of activation of fire alarm and fire evacuation system, ensuring mental stability of personnel in case of potential fires and psychological readiness to act in conditions of panicking crowd must be provided as the majority of fatalities of employees are registered before the arrival of firefighting subdivisions. Special attention must be paid to the enterprises not subject to scheduled supervision and control.

Research and Evaluation of Coal Mine Ventilation Management

Abstract The main scientific and practical results of the study and assessment of ventilation control in coal mines using the decomposition method based on data from the analysis of aerodynamic parameters of air distribution are presented. This will lead to increased safety and reduced accident rates in mining operations at coal mines. Methods of decomposition, statistical dynamics, set theory, fundamental laws of mining aerodynamics, and discrete mathematics are described. The studies were carried out based on the experimental data of the authors using various mathematical and statistical methods. A universal technique is proposed that can be used in mine workings for analysis, assessment of ventilation processes and associated aerodynamic factors, as well as optimization of the air distribution control system under various operating modes. A methodology and application software developed on its basis have been compiled. Automated geographic information systems such as GIS K-MINE® (Krivoy Rog, Ukraine) and VENTSIM are recommended. This system has been approved by regulatory authorities in Ukraine and is utilized by specialists from industry institutes, State Mining Supervision authorities, mines, and others. They are adapted for coal mines, ensuring increased safety and efficiency of work. This will ensure increased safety, labor protection, and reduced accident rates in coal mining operations.

Türkiye’de Kamu Politikalarında Yerel Karar Verme Sürecinin Merkezi İdareye Bağlı Taşra Teşkilatlarında Uygulama Örneği: Kefe Projesi

The supervision authority of the Ministry of National Education, which is the central administration in education policies in Turkey, is exercised by various methods in many areas. Auxiliary resources such as Education Information Network (Eba), General Directorate of Secondary Education Material (Ogmmateryal), Student/Teacher Support System (Ods) prepared by the Ministry of National Education for the use of students and teachers in lessons have been made available as an education policy on the basis of equal opportunity in education. However, the supervision and control of these resources by the Ministry of National Education at the policy evaluation stage is carried out only in Support and Training Courses, and there is no supervision or control in their use in other education and training activities. Within the scope of the Kulu District National Education Directorate Equal Opportunity in Education (KEFE) Project, ensuring that the auxiliary resources of the Ministry of National Education are used by teachers and students in lessons is supervised within a system integrity, taking into account local needs in addition to the central administration's supervision system. This research examines an example of how the KEFE project can be implemented by taking initiative in provincial organizations within the local decision-making process, which is mostly seen in local governments, by extending the partial control system of the central administration to all education and training activities, outside the central administration in the supervision of education policies. Keywords: Public Policies, Education policies, Local decision-making process, Ministry of National Education.

ТЕНДЕНЦИИ РАЗВИТИЯ ПОЖАРНОГО НАДЗОРА

The key features of the modified form of implementation of supervisory activities by state fire supervision authorities are considered, related both to the exclusion from the plan of carrying out planned control (supervisory) activities in relation to objects of protection with an assigned risk category below «high», and with the fact that in order to carry out unscheduled control (supervisory) activities, a reasoned and justified decision of the supervisory authority is required, supported by the occurrence of one of the grounds in the list established by clause 3, part (a) of the Government Resolution Russian Federation «On the features of the organization and implementation of state control». The problem of the increase in the number of fires is touched upon at protection facilities of a significant risk category. It has been stated that only subject to an integrated approach to compliance with the procedure and rules for certification of specialists, as well as effective control and supervision by the competent authorities, together with the introduction of a number of specific liability measures, can positive results in the field of fire safety be expected. It is concluded that the principles of the modern approach to ensure fire safety are based on strengthening the institution of responsibility on the part of persons carrying out commercial activities in this area.

The Obligation of The State to Realize Sharia-Compliant Certainty in Islamic Banking Financing

Introduction: Islamic banking is growing significantly and rapidly. The state needs its presence not only related to providing the right to freedom of religion but also ensuring that its implementation is following the provisions of sharia. Islamic banks have received a lot of criticism due to the existence of prohibited elements specifically in financing. Therefore, a supervision system for sharia compliance is needed.Purposes of the Research: This paper analyzes the basis and form of state obligations and their manifestation in ensuring compliance with Sharia principles in Islamic banking financing contracts in Indonesia. Because the State Financial Services Authority as the party with the authority in supervision has not reached the conformity of Sharia principles in the agreement as a private aspect.Methods of the Research: The problem analysis methodology involves legal research with a philosophical approach. The Statute Approach is conducted by reviewing applicable legal regulations, while the Analytical Approach involves analyzing legal principles and understanding through the examination of legal materials using techniques such as grammatical, teleological, and systematic interpretation.Results of the Research: The state is responsible for ensuring Sharia compliance in Islamic banking financing stems from the basic principles of Pancasila and the Constitution, as reflected in various laws, regulations, and fatwas of the National Sharia Council. These regulations serve as guidelines for sharia-compliant financing. However, legal certainty is needed in supervision and sanctions in implementing Sharia compliance.

Institutional framework for the Financial Supervision Authority's control over the activities of an insurance agent

ObjectivesThe subject of consideration is the supervisory powers of the Financial Supervision Authority in terms of the control of insurance agents. Act of 15 Dec 2017 on Insurance Distribution introduced the possibility of conducting inspections of insurance agents' activities by supervisory authorities. The Financial Supervisory Authority is the body that supervises the financial market, including the supervision of activities related to the distribution and redistribution of insuranceMaterial and methodsThe article has been drawn up mainly using the formal-dogmatic method. It involves the description and systematization of legal norms, interpretation of regulations, as well as an analysis of the practice of application of the law by both state administrative bodies and courtsResultsKNF inspectors, in the course of their inspection, have the authority to demand from the inspected insurance agent access to the documents of the inspected entity and to the data and information contained in the information and communication systems. However, this entitlement is not absolute. Such a request may only concern the documents and data of the controlled entity, and moreover, it is only updated when it falls within the substantive scope of the inspectionConclusionsNotwithstanding the above, the agent also remains the disposer of information covered by the secrecy of communication . The contents of the mailboxes of insurance agents, like any correspondence, are protected by the secrecy of communication, regardless of the content (art. 49, para. 1 of the Polish Constitution). In order for the supervisory authority to effectively demand access to information contained in the correspondence of an insurance agent, it should first obtain this access through a separate procedure provided for by the law.

ПРОБЛЕМНЫЕ ВОПРОСЫ, КАСАЮЩИЕСЯ ДЕЙСТВИЙ ОРГАНОВ ФЕДЕРАЛЬНОГО ГОСУДАРСТВЕННОГО ПОЖАРНОГО НАДЗОРА НА СТАДИИ ЭКСПЛУАТАЦИИ МЕТРОПОЛИТЕНОВ

The actual problem of improving the fire safety requirements that determine the actions of supervisory authorities at the stage of operation of subways is considered. The purpose of the work was to analyze issues related to the actions of federal state fire supervision. The research method was the analysis of statistics and problematic issues of the actions of the federal state fire supervision authorities. The distinctive features of subways from other objects of transport infrastructure are considered on the basis of statistical data relating, among other things, to the implementation of passenger transportation.
 As a result of the study, a list of problematic issues that arise in the implementation of supervisory activities at the stage of operation of subways was determined, and a scientific justification was made for approaches to the development of technical requirements necessary to solve them. Recommendations are given for improving supervisory activities and introducing changes to the current regulatory documentation.

Research on the Chinese Government's Administrative Law Enforcement Supervision Issues in the Chinese Government

Overall, the legal basis for the Chinese government's administrative law enforcement, procuratorial and supervisory work is far from sufficient. Currently, there are no laws and regulations that clearly stipulate the functions and supervision procedures of the government's administrative law enforcement, procuratorial and supervisory work.There are also no specific case-handling procedures within law enforcement agencies for accepting and handling administrative supervision cases, making it difficult to fully carry out government administrative law enforcement supervision cases.In addition, due to the lack of legal provisions, the authority and effectiveness of supervision have been weakened. Only the coordination between the procuratorial organs and administrative agencies can effectively solve the existing problems. On the basis of analyzing the existing problems and causes of administrative law enforcement supervision by the Chinese government, this paper puts forward corresponding countermeasures in order to play an effective role.

Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic

The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither theprinciple of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as thetheoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principleof exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in whichparallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conductsunfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective oflegislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permittingparallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand theaccessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautiousabout permitting the parallel import of “repackaged” pharmaceutical patented products in legislation and law enforcement.Regarding administrative enforcement, the customs should set up special supervision authorities for patent import andexport, and standardize the enforcement procedure for parallel import.

Федеральный государственный пожарный надзор: проблемы привлечения к административной ответственности физических лиц в связи с изменением законодательства

The article is devoted to the problems associated with bringing to administrative responsibility individuals (citizens of the Russian Federation, foreign citizens and stateless persons) who do not belong to the category of controlled persons for violation of fire safety requirements. The analysis of legislative acts that are the basis for possible administrative impact by the state fire supervision authorities, including the wording of the norm of part 31 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, which provides for the possibility of bringing to administrative responsibility only after conducting a control (supervisory) event in cooperation with a controlled person. The result of the conducted systematic analysis of regulatory legal acts was the conclusion that this norm does not apply to individuals who are not controlled persons under the law In order to unambiguously understand the norm of part 31 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, the need for state control (supervision) bodies to fulfill their powers, including state fire supervision, the authors formulated proposals to amend the said Code and the Federal Law “On Fire Safety”.

HOUSEHOLD INSURANCE AWARENESS VS. INSURANCE SALES IN POLAND

The insurance market world-wide is developing dynamically. New products are being created, but current offers are also being improved; albeit they come with new areas of responsibility. Changes in the market and insurance products are also visible in Poland. Although they are not so dynamic as in the countries of Western Europe, an increase in sales of mainly non-life insurance has been noted year on year. That said, the dynamics of these changes is much lower than in other European countries; as is the expenditure on insurance. So the question arises, what is the cause of this situation? Could it be due to low insurance awareness? Insurance awareness is not only defined in the work as the state of knowledge of the insurance company’s client, but also as the ability to find and use this knowledge and information, to choose a product consciously, to assess this product properly, and the ability to make independent decisions based on objective information, and not subjective opinions and views. The article attempts to assess insurance awareness and the factors that define and influence the same. The work uses the available bibliography, statistical data from the Central Statistical Office, as well as the data from the Polish Chamber of Insurance and the Polish Financial Supervision Authority. An original survey was also conducted, and its results are presented in the last part of the article. As a result of the study, it turned out that insurance sales in Poland are growing. If only on this basis, insurance awareness is assessed, it can be said that the sales are also growing year on year. The respondents of the conducted survey highly assessed their knowledge of the insurance market and products. Unfortunately, the verification of their actual knowledge did not confirm this self-assessment. The average grade was only “satisfactory”; if we followed school grades. The dominant sources of information on insurance, apart from the knowledge of insurance agents, are, primarily, the Internet, as well as friends and family. These sources cannot be treated as fully objective.

Sinergi Pengawasan Kemitraan Usaha Mikro Kecil Dan Menengah Sebagai Upaya Peningkatan Potensi Dalam Dunia Usaha Ekonomi Kreatif

UMKM have demonstrated their various roles in supporting the national economy, but in carrying out their business activities they still experience various obstacles and obstacles, both internal and external. The research aims to produce appropriate concepts in supervision and what institutions are appropriate to optimize UMKM. This research uses socio-legal methods by conducting direct observations to collect data related to the concept of supervisory relationships between institutions that have partnership supervision authority, especially in Malang City. The results of this research are optimizing supervision of UMKN in two ways, namely empowerment through the City Cooperatives and Micro Enterprises Service and empowerment through the Malang City Trade Office. Provide education regarding the importance of understanding partnership agreements. All forms of partnership agreements must be made in writing, the positions of the parties must also be balanced in the partnership agreement. With the existence of these two institutions and education, it is hoped that they can monitor UMKM with the goal to be achieved so that large and small business actors can grow and develop together.

The Supervision of Schools and the Language of the Czechoslovak Administration. On the Example of School Committees in the Bilingual Moravia

Based primarily on printed sources this study examines the building process of educational sector in the first years of Czechoslovakia, with a special emphasis on the issue of the supervisory bodies. Especially primary schools were considered by the so-called nationalist activists, both before and after 1918, strategic for building of the national education. School boards and then school committees played besides others an important role in the school enrolment, a key factor in the rise or fall of individual schools and language communities. Therefore, the process of creation of the school committees in the year 1921 is researched in particular. After the dissolution of the monarchy, a new organization of the school authorities and schools went hand in hand with a new language of the Czechoslovak administration. New laws, role of school boards and later committees, communication between them and teachers from primary schools are researched as well. Through the stenographic records of the Czechoslovak National Assembly and through other sources, the aforementioned points are analysed, on the example of the ethnically or linguistically mixed area of the former Crown land Moravia. The interests of the Czech nationalist activists clashed there with interests of the German nationalist activists. The Czech and German district school boards, as the supervision authorities, were abolished and new school committees were to be established instead. In the linguistically mixed regions they remained separated, which brought political disputes. At the same time, the daily agenda of schools, teachers and pupils’ demands could not be hindered. Ministry of Education and National Enlightenment called for speeding up the administrative steps.