Search results

1 – 10 of 101
Article
Publication date: 12 November 2018

Djamilya Ospanova, Duman Kussainov, Akif Suleimanov, Ainur Kussainov and Rysgul Abilsheyeva

The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration…

1265

Abstract

Purpose

The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration system as a whole and the processes of its reform that the Russian Federation has faced today. The authors show that if the relations of state administration are the subject of the administrative law’s influence (after all, it is they who are influenced by administrative and legal norms), then we are faced with an extremely important question regarding the character and specificity of the relationship between administrative and legal relations and relations of state management, on the one hand, and analysis of the concept of administrative and legal regulation of public administration relations on the other. This goal is important, given that the authors substantiate the relationship between administrative law and public administration through identifying the possibilities of regulatory influence on the part of administrative law on public administration relations.

Design/methodology/approach

Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this.

Findings

So, having analyzed the above approaches and positions of scientists regarding the subject of administrative law, the authors believe that it can include any managerial activity of the state authority and local government bodies that does not directly concern the subject matter of another branch of law; is realized with the help of the executive-administrative mechanism (in this case the author does not consider the executive-administrative mechanism as an exclusive prerogative or a unique feature of the executive authorities, although, of course, he agrees that it is the most typical and characteristic feature for them); is realized within the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) to ensure its proper functioning (internal management relations); is implemented outside the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) and is directed to other (external) with respect to the relevant body or organization of entities (external organizational management relations); and is largely characterized by relative constancy and immediacy of implementation relative to the management object.

Originality/value

Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. At the same time, indistinctness and uncertainty about different ways of understanding public administration often generate negative effects both at the general scientific level and at a purely practical level (when it comes to the exercise of administrative powers by certain state authorities).

Details

International Journal of Law and Management, vol. 60 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 14 December 2021

Nataliia A. Lytvyn, Olena V. Artemenko, Svitlana S. Kovalova, Maryna P. Kobets and Elena V. Kashtan (Grygorieva)

The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive…

Abstract

Purpose

The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption.

Design/methodology/approach

Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished.

Findings

The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied.

Practical implications

The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years.

Originality/value

Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

Article
Publication date: 27 February 2007

Luke Howie

The purpose of this paper is to present research findings on how the threat of terrorism to Australia affects managers and employees in workplaces in a large city. It investigates…

5016

Abstract

Purpose

The purpose of this paper is to present research findings on how the threat of terrorism to Australia affects managers and employees in workplaces in a large city. It investigates the various workplace impacts of the terrorist threat and examines how this affects organizational efficiency and effectiveness and employee wellbeing.

Design/methodology/approach

A literature review of the impact of the terrorist threat to workplaces is presented using academic research and journalistic commentary. This review informs research collected in seven organizations via in‐depth interviews of 40 minutes length conducted with staff and management in the administrative, legal, retail, sporting and services sectors. In total, 55 interviews were conducted with an additional 50 respondents who were unavailable for interviews completing surveys.

Findings

A number of significant negative impacts of the threat of terrorism on Melbourne workplaces are identified. The most significant were workplace discrimination and diversity management, cultural change to be security oriented, and increased occupational stress.

Research limitations/implications

The sample population for the research is quite small so the conclusions cannot be considered generalizable. Rather, the research represents specific cases where the impacts are felt and, as such, may exist in other sectors and cities. The results are highly concerning and suggest that terrorism has a detrimental effect at work and on life.

Practical implications

The findings can assist organizations in preparing management responses and actions in preventing the negative impacts of the threat of terrorism.

Originality/value

Research of this kind is extremely limited yet of the highest importance to organizations in large cities.

Details

Disaster Prevention and Management: An International Journal, vol. 16 no. 1
Type: Research Article
ISSN: 0965-3562

Keywords

Article
Publication date: 1 May 1988

Ernest Raiklin and Charles C. Gillette

The purpose of this second part of this special issue is to contribute to a better understanding of the nature of Soviet society. It is not possible to analyse such a society in…

Abstract

The purpose of this second part of this special issue is to contribute to a better understanding of the nature of Soviet society. It is not possible to analyse such a society in all its complexities within the space of one study. There are, however, some economic relations which determine society's major features. We believe that commodity‐production relations in the Soviet Union are of this type.

Details

International Journal of Social Economics, vol. 15 no. 5/6
Type: Research Article
ISSN: 0306-8293

Book part
Publication date: 8 April 2005

Ricardo Madureira

This paper illuminates the distinction between individual and organizational actors in business-to-business markets as well as the coexistence of formal and informal mechanisms of…

Abstract

This paper illuminates the distinction between individual and organizational actors in business-to-business markets as well as the coexistence of formal and informal mechanisms of coordination in multinational corporations. The main questions addressed include the following. (1) What factors influence the occurrence of personal contacts of foreign subsidiary managers in industrial multinational corporations? (2) How such personal contacts enable coordination in industrial markets and within multinational firms? The theoretical context of the paper is based on: (1) the interaction approach to industrial markets, (2) the network approach to industrial markets, and (3) the process approach to multinational management. The unit of analysis is the foreign subsidiary manager as the focal actor of a contact network. The paper is empirically focused on Portuguese sales subsidiaries of Finnish multinational corporations, which are managed by either a parent country national (Finnish), a host country national (Portuguese) or a third country national. The paper suggests eight scenarios of individual dependence and uncertainty, which are determined by individual, organizational, and/or market factors. Such scenarios are, in turn, thought to require personal contacts with specific functions. The paper suggests eight interpersonal roles of foreign subsidiary managers, by which the functions of their personal contacts enable inter-firm coordination in industrial markets. In addition, the paper suggests eight propositions on how the functions of their personal contacts enable centralization, formalization, socialization and horizontal communication in multinational corporations.

Details

Managing Product Innovation
Type: Book
ISBN: 978-1-84950-311-2

Book part
Publication date: 1 January 2006

Dae Yong Jeong and John Lawler

This paper proposes a new theoretical framework to explain enterprise unionism and conducts the first systematic comparative study of union structure in nine Asian countries. Our…

Abstract

This paper proposes a new theoretical framework to explain enterprise unionism and conducts the first systematic comparative study of union structure in nine Asian countries. Our framework emphasizes political dynamics and the role of the state in labor relations and argues that the initial period of the collective bargaining era constituted a critical juncture (state labor policy) that occurred in distinctive ways in different countries and that these differences played a central role in shaping the different union structures in the following decades. The nine countries are mainly divided into three groups, depending on the type of state labor policy: enforcement of enterprise unionism; centralization/laissez-faire (non-enterprise unionism); and dual unionism/gradual transition (middle-ground). Governmental data were used for the study. A clear correspondence between state labor policy and union structure in each of these groups was found. We believe that our framework significantly enhances our understanding of the Asian cases. Future research should explore the validity of the proposed framework through comparative studies of Latin American cases where enterprise unions have also been observed.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-470-6

Content available
Book part
Publication date: 27 October 2017

Abstract

Details

Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

Article
Publication date: 9 November 2012

Alexander J. Bělohlávek and Filip Černý

This article aims to deal with international investment disputes, with a focus on the nature of the law applicable to the merits of such disputes.

1632

Abstract

Purpose

This article aims to deal with international investment disputes, with a focus on the nature of the law applicable to the merits of such disputes.

Design/methodology/approach

The procedure for determining the law applicable in investment disputes, the phases of determination and the impact thereof on the applicable law were analyzed. The diagonality of the disputes and its impact on the law applicable to the merits from the perspective of the interaction between national and international law were also analyzed. Further, the authors focused on the nature of the host state's breach of obligations towards the investor anchored in the investment treaty, and the effect thereof on the law applicable to the merits. In this respect, the notion of the investment itself was analyzed according to the relevant BITs and MITs. Finally, the authors analyzed the applicability of the Ordre Public concept to investment disputes.

Findings

The study provided practical demonstrations and examples of choice of law and application issues as resolved by the tribunals established under the ICSID.

Research limitations/implications

The article deals mainly with the ICSID proceedings. Another should be also analyzed.

Originality/value

The paper provides a new insight into issues of the law applicable to investment disputes by analyzing this problematic in relation to all stages of investment arbitration proceedings. Particularly it took an innovative approach in shedding light on and analyzing the applicability of the Ordre Public concept in relation to investment protection, especially in relation to Article 52 of the ICSID Convention, and the recognition and enforcement proceedings of arbitral awards issued in the course of investment arbitration.

Details

International Journal of Law and Management, vol. 54 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 April 1992

Ingrid Brunstein

In France, no other specialist business function is sopredominantly marked by culture as HRM. In France, Cartesian patterns ofanalytical thinking, the passion for…

1933

Abstract

In France, no other specialist business function is so predominantly marked by culture as HRM. In France, Cartesian patterns of analytical thinking, the passion for anti‐authoritarian individualism, and the reduction of disorder through legislation and bureaucracy influence the company′s sociocultural environments, in particular through the education system, the status of executives, and the role of trade unionism. Emphasis is put on the concept of ubiquity in HRM; it is at the intersection of all the other corporate functions and its role is shared with the line managers at the technical, relational and strategic level. Future perspectives, like the introduction of new technologies, may impose a new ethical dimension for HRM against the “gospel of efficiency”.

Details

Employee Relations, vol. 14 no. 4
Type: Research Article
ISSN: 0142-5455

Keywords

Book part
Publication date: 27 October 2017

Dylan Amy Davis

Purpose: To consider the extent to which the legal recognition of non-binary gender has the potential to disrupt the gender binary.Methodology/Approach: This chapter will employ…

Abstract

Purpose: To consider the extent to which the legal recognition of non-binary gender has the potential to disrupt the gender binary.

Methodology/Approach: This chapter will employ case study as method, focusing on recent changes to Australian law and policy, which introduce a third gender category. I rely on the work of queer theorists on normativity and recognition as a theoretical framework and on the work of social scientists on transgender people as evidence.

Findings: This chapter finds that while there is much to be celebrated about increasing alternatives to the dominant categories of male and female, the legal recognition of non-binary gender may in fact serve to conceptually purge the dominant gender categories of non-conforming elements while simultaneously masking the ways in which institutions of regulatory power continue to demand conformity with normative standards of gender.

Research Limitations: Since few non-binary individuals in Australia have adopted the X marker the implications laid out in this paper are speculative. The experiences of non-binary individuals present an important avenue for further research.

Practical Implications: I recommend, as an alternative to further gender classifications, that we should seek to minimize the degree to which membership of a particular gender category is used to distribute rights and privileges.

Originality/Value of Paper: This chapter advances the literature on non-binary gender, contributes to existing queer and feminist analyses of the gender binary and extends work on normativity to legal recognition of alternative genders.

Details

Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

Keywords

1 – 10 of 101