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1 legally relevant
Юридический термин: юридически обоснованный, юридически релевантный -
2 legally relevant
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3 legally relevant
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4 legally relevant information
Юридический термин: юридически значимая информацияУниверсальный англо-русский словарь > legally relevant information
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5 legally
законно, за законом, в законному порядку, на законній підставі; легально; правомірно, по праву, за правом; юридично, з юридичної точки зору- legally accountablelegally binding international document — міжнародний документ, що має юридичну силу; міжнародний юридичний документ, обов'язковий для виконання
- legally admissible
- legally admitted alien
- legally available
- legally binding
- legally binding consequences
- legally bound
- legally capable
- legally clothed
- legally competent
- legally constituted
- legally constituted state
- legally constituted marriage
- legally correct
- legally defensible
- legally defined
- legally defined offence
- legally defined offence
- legally defined crime
- legally designated
- legally determine
- legally disabled
- legally disqualified
- legally distinct
- legally effective
- legally effective patent
- legally eligible
- legally empowered
- legally enforced
- legally entitled
- legally guilty
- legally imposed
- legally improper
- legally incapable
- legally incapacitated
- legally independent
- legally insane
- legally instituted
- legally justified
- legally liable
- legally mandated
- legally mandated obligation
- legally married
- legally obliged
- legally obtained
- legally obtained evidence
- legally operative
- legally possessed
- legally possessed handgun
- legally prescribed
- legally prohibited
- legally protected
- legally protected interest
- legally provided
- legally qualified
- legally questionable
- legally recognized father
- legally recognized status
- legally relevant
- legally removed
- legally responsible
- legally sanctioned
- legally sane
- legally separated
- legally set
- legally set standard
- legally significant mistake
- legally sound
- legally trained
- legally unregulated
- legally valid
- legally warranted -
6 relevant
1) имеющий отношение к делу, относящийся к делу, релевантный2) обоснованный•- conditionally relevant
- directly relevant
- indirectly relevant
- legally relevant
- logically relevant
- ostensibly relevant
- remotely relevant
- substantially relevant
- presumptiously relevant
- presumptively relevant* * * -
7 relevant interest
(ANZ) Finthe legal status held by share investors who can legally dispose of, or influence the disposal, of shares -
8 fact
[fækt] n փաստ, իրողություն, դեպք. concrete/ actual/obvious/historical/well-known fact կոնկ րետ/իրական/ակնհայտ/պատմական/ քաջ հայտնի փաստ. admit/conceal/ignore/distort a fact ընդունել/թաքցնել/անտեսել/աղավա ղել փաստը. bare/dry facts մերկ փաստեր. an accomplished fact կատարված փաստ. fixed fact հաստատված/ապացուցված փաստ. appraisal of facts փաստերի գնահատում. facts are stubborn things փաստերը համառ բան են. set the facts փաստերը հաստատել. overturn the fact փաստը հերքել. (իրողություն, իրականություն) facts իրողություն, իրականություն. get to the facts ճշմարտությունը պարզել. know smth for a fact մի բան հաստատ իմանալ. the true facts իրերի իրական վիճակը, ճշմարիտ փաս տերը. in fact, as a matter of fact իրականում, փաստորեն. The fact is that… Փաստն այն է, Իրողությունն այն է… the facts suggest տվյալները վկայում են. fact in issue քննարկվող փաստը. legally relevant fact իրավաբանորեն հիմնա վոր ված փաստ. before/after the fact իրա դար ձու թյուններից/դեպքերից առաջ/ հե տո. fact finding հետաքննություն, փաստերի բա ցա հայ տում. a fact finding commission հետա քննու թյան հանձնաժողով -
9 evidence
1) средство или средства доказывания; доказательство, доказательства; подтверждение; улика | служить доказательством, подтверждать, доказывать2) свидетельское показание, свидетельские показания | свидетельствовать, давать показания3) дача показаний, представление или исследование доказательств ( как стадия судебного процесса); доказывание4) свидетель•admissible in evidence — допустимый в качестве доказательства;
evidence admissible in chief — доказательства или показания, допустимые при главном допросе;
evidence aliunde — внешнее доказательство, лежащее вне документа доказательство;
evidence at law — судебные доказательства;
evidence before trial — показания, данные или доказательства, представленные до начала судебного процесса;
evidence by affidavit — показания в форме аффидевита;
failure to give evidence — непредставление доказательств; невозможность дать показания; отказ от дачи показаний;
evidence for the defence — 1. доказательства защиты 2. показания свидетелей защиты;
evidence for the defendant — доказательства в пользу ответчика, подсудимого;
evidence for the plaintiff — доказательства в пользу истца;
evidence for the prosecution — 1. доказательства обвинения, улики 2. показания свидетелей обвинения;
evidence implicating the accused — доказательства, дающие основание полагать, что преступление совершено обвиняемым;
in evidence — в доказательство, в качестве доказательства;
evidence in corroboration — доказательство в подтверждение других доказательств;
evidence in cross-examination — свидетельские показания или доказательства, полученные при перекрёстном допросе ( стороной свидетеля противной стороны);
evidence in disproof — показания или доказательства в опровержение;
evidence in question — 1. оспариваемое доказательство 2. исследуемое и оцениваемое доказательство;
evidence in rebuttal — доказательство или показание в опровержение;
evidence in support of the opposition — пат. обоснование протеста, мотивированный протест;
evidence in the case — доказательства или показания по делу;
evidence is out — доказательства исчерпаны;
item in evidence — предмет, представленный в качестве доказательства;
evidence material to the case — доказательство, имеющее существенное значение для дела;
evidence on appeal — показания, доказательства по апелляции;
evidence on commission — показания по поручению;
evidence on hearing — доказательство на рассмотрении суда;
evidence on oath — показания под присягой;
on the evidence — на основании данных показаний или представленных доказательств;
evidence par excellence — лучшее доказательство;
piece of evidence — часть доказательственного материала; отдельное доказательство;
evidence relevant to credibility — доказательство, относящиеся к надёжности свидетеля, достоверности его показаний;
evidence relevant to weight — доказательства, относящиеся к убедительности других доказательств;
evidence sufficient to sustain the case — доказательства, достаточные для поддержания ( данной) версии;
to adduce evidence — представить доказательство;
to admit evidence — допустить доказательство;
to admit in evidence — допустить в качестве доказательства;
to appear in evidence — вытекать из представленных доказательств;
to become Commonwealth's [Crown's, government's, King's, People's, Queen's, State's] evidence — стать свидетелем обвинения, перейти на сторону обвинения, дав показания против сообвиняемого;
to call (for) evidence — истребовать доказательства;
to compare evidence — 1. сопоставить доказательства, показания 2. произвести очную ставку;
evidence to contradict — контрдоказательство; контрпоказание;
to develop evidence — представить доказательства;
to exaggerate evidence — преувеличить силу доказательства;
to fabricate evidence — сфабриковать доказательства;
to give evidence — 1. давать показания 2. представить доказательства;
to give in evidence — представить в качестве доказательства;
to give evidence under compulsion — давать показания по принуждению;
to introduce evidence — представить доказательства;
to introduce in evidence — представить в качестве доказательства;
to lead evidence — 1. заслушивать, отбирать показания 2. принимать доказательства;
evidence to meet — доказательство в поддержку, поддерживающее доказательство;
to offer evidence — представить доказательства;
to offer in evidence — представить в качестве доказательства;
to prepare evidence — 1. сфабриковать доказательства 2. подготовиться к даче показаний;
to prepare false evidence — сфабриковать ложные доказательства;
to produce evidence — представить доказательства;
to put in evidence — представить в качестве доказательства;
to read into evidence — зачитывать текст в доказательство правильности или неправильности его содержания;
evidence to rebut — доказательство в опровержение, опровергающее доказательство;
to receive evidence — 1. получить, отобрать показания 2. принять доказательства;
to receive in evidence — принять в качестве доказательства;
to review evidence — рассмотреть или пересмотреть доказательства;
to search for evidence — искать доказательства;
to sift evidence — тщательно исследовать, анализировать доказательства или показания;
to suppress evidence — скрыть доказательства;
to take evidence — 1. отобрать показания 2. принять доказательства;
to tender evidence — представить доказательства;
to tender in evidence — представить в качестве доказательства;
evidence to the contrary — доказательство противного;
to weigh evidence — оценить доказательства;
to withhold evidence — воздержаться, отказаться от дачи показаний или от представления доказательств;
- evidence of arrestevidence wrongfully obtained — доказательства, показания, полученные с нарушением закона
- evidence of blood grouping tests
- evidence of character
- evidence of confession
- evidence of credibility
- evidence of crime
- evidence of debt
- evidence of disposition
- evidence of fact
- evidence of guilt
- evidence of identification
- evidence of identity
- evidence of indebtedness
- evidence of opportunity
- evidence of practice
- evidence of reputation
- evidence of title
- acceptable evidence
- actual evidence
- additional evidence
- adduced evidence
- adequate evidence
- adminicular evidence
- admissible evidence
- admitted evidence
- adversary evidence
- affirmative evidence
- affirmative rebuttal evidence
- after-discovered evidence
- ample evidence
- ascertaining evidence
- autoptical evidence
- auxiliary evidence
- available evidence
- ballistics evidence
- ballistic evidence
- best evidence
- better evidence
- biological evidence
- casual evidence
- character evidence
- character-witness evidence
- circumstantial evidence
- civil evidence
- clear evidence
- closed evidence
- cogent evidence
- collateral evidence
- Commonwealth's evidence
- competent evidence
- completing evidence
- conclusive evidence
- concocted evidence
- concomittant evidence
- confirmatory evidence
- conflicting evidence
- consistent evidence
- contradicting evidence
- contrary evidence
- contributing evidence
- controverted evidence
- controvertible evidence
- convincing evidence
- copy evidence
- corroborated evidence
- corroborating evidence
- counteracting evidence
- counter evidence
- credible evidence
- criminal evidence
- criminating evidence
- Crown's evidence
- culpatory evidence
- cumulative evidence
- damaging evidence
- damning evidence
- decisive evidence
- demeanor evidence
- demonstrative evidence
- derivative evidence
- direct evidence
- disproving evidence
- doctored evidence
- documentary evidence
- empirical evidence
- entered evidence
- exact evidence
- excluded evidence
- exculpatory evidence
- expert evidence
- expert opinion evidence
- explaining evidence
- external evidence
- extrajudicial evidence
- extraneous evidence
- extrinsic evidence
- fabricated evidence
- false evidence
- final evidence
- fingerprint evidence
- firm evidence
- first hand evidence
- footprint evidence
- foundation evidence
- fragmentary evidence
- fresh evidence
- further evidence
- government's evidence
- habit evidence
- hard evidence
- hearsay evidence
- higher evidence
- identification evidence
- identifying evidence
- illegally obtained evidence
- illustrative evidence
- immaterial evidence
- immunized evidence
- impeaching evidence
- implicating evidence
- impugned evidence
- inadequate evidence
- inadmissible evidence
- incompetent evidence
- inconclusive evidence
- inconsistent evidence
- incontroverted evidence
- incontrovertible evidence
- incriminating evidence
- inculpatory evidence
- independent evidence
- indicative evidence
- indirect evidence
- indispensable evidence
- indubitable evidence
- inferential evidence
- inferior evidence
- insufficient evidence
- insufficient evidence for the defence
- internal evidence
- introduced evidence
- irrefutable evidence
- irrelevant evidence
- judicial evidence
- King's evidence
- legal evidence
- legally obtained evidence
- legitimate evidence
- manufactured evidence
- material evidence
- mathematical evidence
- moral evidence
- negative evidence
- negative rebuttal evidence
- newly-discovered evidence
- nonexculpatory evidence
- notarial evidence
- obtainable evidence
- obtained evidence
- offered evidence
- official evidence
- opinion evidence
- opinion evidence of character
- opposing evidence
- oral evidence
- original evidence
- out-of-court evidence
- overwhelming evidence
- parol evidence
- partial evidence
- pedigree evidence
- People's evidence
- perjured evidence
- persuasive evidence
- physical evidence
- police evidence
- positive evidence
- possible evidence
- preappointed evidence
- predominant evidence
- preferable evidence
- prejudicial evidence
- presuming evidence
- presumptive evidence
- prevailing evidence
- prima facie evidence
- primary evidence
- probable evidence
- proffered evidence
- proper evidence
- prosecution evidence
- prospectant evidence
- proving evidence
- pure expert opinion evidence
- Queen's evidence
- radar evidence of speed
- radar evidence
- real evidence
- reasonable evidence
- rebuttal evidence
- rebutted evidence
- rebutting evidence
- receivable evidence
- received evidence
- recognized evidence
- recollection evidence
- record evidence
- recorded evidence
- record evidence of title
- related evidence
- relevant evidence
- repelling evidence
- reputation evidence of character
- requisite evidence
- retrospectant evidence
- routine practice evidence
- satisfactory evidence
- scientific evidence
- secondary evidence
- second hand evidence
- shaken evidence
- significant evidence
- similar evidence
- slimmer evidence
- slim evidence
- solid evidence
- spoken evidence
- state's evidence
- strengthening evidence
- strong evidence
- stronger evidence
- strongest available evidence
- substantial evidence
- substantive evidence
- substitutionary evidence
- sufficient evidence
- supplementary evidence
- supporting evidence
- suspect evidence
- sworn evidence
- tainted evidence
- tendered evidence
- testimonial evidence
- trace evidence
- traditionary evidence
- uncontradicted evidence
- uncorroborated evidence
- unfavourable evidence
- unshaken evidence
- unsworn evidence
- untainted evidence
- verbal evidence
- visible evidence
- visual evidence
- vital evidence
- volunteer evidence
- weak evidence
- weaker evidence
- wiretap information evidence
- wiretap evidence
- written evidence
- evidence of criminality
- confirming evidence
- corroborative evidence
- explanatory evidence
- intrinsic evidence
- prime evidence -
10 near cash
!гос. фин. The resource budget contains a separate control total for “near cash” expenditure, that is expenditure such as pay and current grants which impacts directly on the measure of the golden rule.This paper provides background information on the framework for the planning and control of public expenditure in the UK which has been operated since the 1998 Comprehensive Spending Review (CSR). It sets out the different classifications of spending for budgeting purposes and why these distinctions have been adopted. It discusses how the public expenditure framework is designed to ensure both sound public finances and an outcome-focused approach to public expenditure.The UK's public spending framework is based on several key principles:"consistency with a long-term, prudent and transparent regime for managing the public finances as a whole;" "the judgement of success by policy outcomes rather than resource inputs;" "strong incentives for departments and their partners in service delivery to plan over several years and plan together where appropriate so as to deliver better public services with greater cost effectiveness; and"the proper costing and management of capital assets to provide the right incentives for public investment.The Government sets policy to meet two firm fiscal rules:"the Golden Rule states that over the economic cycle, the Government will borrow only to invest and not to fund current spending; and"the Sustainable Investment Rule states that net public debt as a proportion of GDP will be held over the economic cycle at a stable and prudent level. Other things being equal, net debt will be maintained below 40 per cent of GDP over the economic cycle.Achievement of the fiscal rules is assessed by reference to the national accounts, which are produced by the Office for National Statistics, acting as an independent agency. The Government sets its spending envelope to comply with these fiscal rules.Departmental Expenditure Limits ( DEL) and Annually Managed Expenditure (AME)"Departmental Expenditure Limit ( DEL) spending, which is planned and controlled on a three year basis in Spending Reviews; and"Annually Managed Expenditure ( AME), which is expenditure which cannot reasonably be subject to firm, multi-year limits in the same way as DEL. AME includes social security benefits, local authority self-financed expenditure, debt interest, and payments to EU institutions.More information about DEL and AME is set out below.In Spending Reviews, firm DEL plans are set for departments for three years. To ensure consistency with the Government's fiscal rules departments are set separate resource (current) and capital budgets. The resource budget contains a separate control total for “near cash” expenditure, that is expenditure such as pay and current grants which impacts directly on the measure of the golden rule.To encourage departments to plan over the medium term departments may carry forward unspent DEL provision from one year into the next and, subject to the normal tests for tautness and realism of plans, may be drawn down in future years. This end-year flexibility also removes any incentive for departments to use up their provision as the year end approaches with less regard to value for money. For the full benefits of this flexibility and of three year plans to feed through into improved public service delivery, end-year flexibility and three year budgets should be cascaded from departments to executive agencies and other budget holders.Three year budgets and end-year flexibility give those managing public services the stability to plan their operations on a sensible time scale. Further, the system means that departments cannot seek to bid up funds each year (before 1997, three year plans were set and reviewed in annual Public Expenditure Surveys). So the credibility of medium-term plans has been enhanced at both central and departmental level.Departments have certainty over the budgetary allocation over the medium term and these multi-year DEL plans are strictly enforced. Departments are expected to prioritise competing pressures and fund these within their overall annual limits, as set in Spending Reviews. So the DEL system provides a strong incentive to control costs and maximise value for money.There is a small centrally held DEL Reserve. Support from the Reserve is available only for genuinely unforeseeable contingencies which departments cannot be expected to manage within their DEL.AME typically consists of programmes which are large, volatile and demand-led, and which therefore cannot reasonably be subject to firm multi-year limits. The biggest single element is social security spending. Other items include tax credits, Local Authority Self Financed Expenditure, Scottish Executive spending financed by non-domestic rates, and spending financed from the proceeds of the National Lottery.AME is reviewed twice a year as part of the Budget and Pre-Budget Report process reflecting the close integration of the tax and benefit system, which was enhanced by the introduction of tax credits.AME is not subject to the same three year expenditure limits as DEL, but is still part of the overall envelope for public expenditure. Affordability is taken into account when policy decisions affecting AME are made. The Government has committed itself not to take policy measures which are likely to have the effect of increasing social security or other elements of AME without taking steps to ensure that the effects of those decisions can be accommodated prudently within the Government's fiscal rules.Given an overall envelope for public spending, forecasts of AME affect the level of resources available for DEL spending. Cautious estimates and the AME margin are built in to these AME forecasts and reduce the risk of overspending on AME.Together, DEL plus AME sum to Total Managed Expenditure (TME). TME is a measure drawn from national accounts. It represents the current and capital spending of the public sector. The public sector is made up of central government, local government and public corporations.Resource and Capital Budgets are set in terms of accruals information. Accruals information measures resources as they are consumed rather than when the cash is paid. So for example the Resource Budget includes a charge for depreciation, a measure of the consumption or wearing out of capital assets."Non cash charges in budgets do not impact directly on the fiscal framework. That may be because the national accounts use a different way of measuring the same thing, for example in the case of the depreciation of departmental assets. Or it may be that the national accounts measure something different: for example, resource budgets include a cost of capital charge reflecting the opportunity cost of holding capital; the national accounts include debt interest."Within the Resource Budget DEL, departments have separate controls on:"Near cash spending, the sub set of Resource Budgets which impacts directly on the Golden Rule; and"The amount of their Resource Budget DEL that departments may spend on running themselves (e.g. paying most civil servants’ salaries) is limited by Administration Budgets, which are set in Spending Reviews. Administration Budgets are used to ensure that as much money as practicable is available for front line services and programmes. These budgets also help to drive efficiency improvements in departments’ own activities. Administration Budgets exclude the costs of frontline services delivered directly by departments.The Budget preceding a Spending Review sets an overall envelope for public spending that is consistent with the fiscal rules for the period covered by the Spending Review. In the Spending Review, the Budget AME forecast for year one of the Spending Review period is updated, and AME forecasts are made for the later years of the Spending Review period.The 1998 Comprehensive Spending Review ( CSR), which was published in July 1998, was a comprehensive review of departmental aims and objectives alongside a zero-based analysis of each spending programme to determine the best way of delivering the Government's objectives. The 1998 CSR allocated substantial additional resources to the Government's key priorities, particularly education and health, for the three year period from 1999-2000 to 2001-02.Delivering better public services does not just depend on how much money the Government spends, but also on how well it spends it. Therefore the 1998 CSR introduced Public Service Agreements (PSAs). Each major government department was given its own PSA setting out clear targets for achievements in terms of public service improvements.The 1998 CSR also introduced the DEL/ AME framework for the control of public spending, and made other framework changes. Building on the investment and reforms delivered by the 1998 CSR, successive spending reviews in 2000, 2002 and 2004 have:"provided significant increase in resources for the Government’s priorities, in particular health and education, and cross-cutting themes such as raising productivity; extending opportunity; and building strong and secure communities;" "enabled the Government significantly to increase investment in public assets and address the legacy of under investment from past decades. Departmental Investment Strategies were introduced in SR2000. As a result there has been a steady increase in public sector net investment from less than ¾ of a per cent of GDP in 1997-98 to 2¼ per cent of GDP in 2005-06, providing better infrastructure across public services;" "introduced further refinements to the performance management framework. PSA targets have been reduced in number over successive spending reviews from around 300 to 110 to give greater focus to the Government’s highest priorities. The targets have become increasingly outcome-focused to deliver further improvements in key areas of public service delivery across Government. They have also been refined in line with the conclusions of the Devolving Decision Making Review to provide a framework which encourages greater devolution and local flexibility. Technical Notes were introduced in SR2000 explaining how performance against each PSA target will be measured; and"not only allocated near cash spending to departments, but also – since SR2002 - set Resource DEL plans for non cash spending.To identify what further investments and reforms are needed to equip the UK for the global challenges of the decade ahead, on 19 July 2005 the Chief Secretary to the Treasury announced that the Government intends to launch a second Comprehensive Spending Review (CSR) reporting in 2007.A decade on from the first CSR, the 2007 CSR will represent a long-term and fundamental review of government expenditure. It will cover departmental allocations for 2008-09, 2009-10 and 2010 11. Allocations for 2007-08 will be held to the agreed figures already announced by the 2004 Spending Review. To provide a rigorous analytical framework for these departmental allocations, the Government will be taking forward a programme of preparatory work over 2006 involving:"an assessment of what the sustained increases in spending and reforms to public service delivery have achieved since the first CSR. The assessment will inform the setting of new objectives for the decade ahead;" "an examination of the key long-term trends and challenges that will shape the next decade – including demographic and socio-economic change, globalisation, climate and environmental change, global insecurity and technological change – together with an assessment of how public services will need to respond;" "to release the resources needed to address these challenges, and to continue to secure maximum value for money from public spending over the CSR period, a set of zero-based reviews of departments’ baseline expenditure to assess its effectiveness in delivering the Government’s long-term objectives; together with"further development of the efficiency programme, building on the cross cutting areas identified in the Gershon Review, to embed and extend ongoing efficiency savings into departmental expenditure planning.The 2007 CSR also offers the opportunity to continue to refine the PSA framework so that it drives effective delivery and the attainment of ambitious national standards.Public Service Agreements (PSAs) were introduced in the 1998 CSR. They set out agreed targets detailing the outputs and outcomes departments are expected to deliver with the resources allocated to them. The new spending regime places a strong emphasis on outcome targets, for example in providing for better health and higher educational standards or service standards. The introduction in SR2004 of PSA ‘standards’ will ensure that high standards in priority areas are maintained.The Government monitors progress against PSA targets, and departments report in detail twice a year in their annual Departmental Reports (published in spring) and in their autumn performance reports. These reports provide Parliament and the public with regular updates on departments’ performance against their targets.Technical Notes explain how performance against each PSA target will be measured.To make the most of both new investment and existing assets, there needs to be a coherent long term strategy against which investment decisions are taken. Departmental Investment Strategies (DIS) set out each department's plans to deliver the scale and quality of capital stock needed to underpin its objectives. The DIS includes information about the department's existing capital stock and future plans for that stock, as well as plans for new investment. It also sets out the systems that the department has in place to ensure that it delivers its capital programmes effectively.This document was updated on 19 December 2005.Near-cash resource expenditure that has a related cash implication, even though the timing of the cash payment may be slightly different. For example, expenditure on gas or electricity supply is incurred as the fuel is used, though the cash payment might be made in arrears on aquarterly basis. Other examples of near-cash expenditure are: pay, rental.Net cash requirement the upper limit agreed by Parliament on the cash which a department may draw from theConsolidated Fund to finance the expenditure within the ambit of its Request forResources. It is equal to the agreed amount of net resources and net capital less non-cashitems and working capital.Non-cash cost costs where there is no cash transaction but which are included in a body’s accounts (or taken into account in charging for a service) to establish the true cost of all the resourcesused.Non-departmental a body which has a role in the processes of government, but is not a government public body, NDPBdepartment or part of one. NDPBs accordingly operate at arm’s length from governmentMinisters.Notional cost of a cost which is taken into account in setting fees and charges to improve comparability with insuranceprivate sector service providers.The charge takes account of the fact that public bodies donot generally pay an insurance premium to a commercial insurer.the independent body responsible for collecting and publishing official statistics about theUK’s society and economy. (At the time of going to print legislation was progressing tochange this body to the Statistics Board).Office of Government an office of the Treasury, with a status similar to that of an agency, which aims to maximise Commerce, OGCthe government’s purchasing power for routine items and combine professional expertiseto bear on capital projects.Office of the the government department responsible for discharging the Paymaster General’s statutoryPaymaster General,responsibilities to hold accounts and make payments for government departments and OPGother public bodies.Orange bookthe informal title for Management of Risks: Principles and Concepts, which is published by theTreasury for the guidance of public sector bodies.Office for NationalStatistics, ONS60Managing Public Money————————————————————————————————————————"GLOSSARYOverdraftan account with a negative balance.Parliament’s formal agreement to authorise an activity or expenditure.Prerogative powerspowers exercisable under the Royal Prerogative, ie powers which are unique to the Crown,as contrasted with common-law powers which may be available to the Crown on the samebasis as to natural persons.Primary legislationActs which have been passed by the Westminster Parliament and, where they haveappropriate powers, the Scottish Parliament and the Northern Ireland Assembly. Begin asBills until they have received Royal Assent.arrangements under which a public sector organisation contracts with a private sectorentity to construct a facility and provide associated services of a specified quality over asustained period. See annex 7.5.Proprietythe principle that patterns of resource consumption should respect Parliament’s intentions,conventions and control procedures, including any laid down by the PAC. See box 2.4.Public Accountssee Committee of Public Accounts.CommitteePublic corporationa trading body controlled by central government, local authority or other publiccorporation that has substantial day to day operating independence. See section 7.8.Public Dividend finance provided by government to public sector bodies as an equity stake; an alternative to Capital, PDCloan finance.Public Service sets out what the public can expect the government to deliver with its resources. EveryAgreement, PSAlarge government department has PSA(s) which specify deliverables as targets or aimsrelated to objectives.a structured arrangement between a public sector and a private sector organisation tosecure an outcome delivering good value for money for the public sector. It is classified tothe public or private sector according to which has more control.Rate of returnthe financial remuneration delivered by a particular project or enterprise, expressed as apercentage of the net assets employed.Regularitythe principle that resource consumption should accord with the relevant legislation, therelevant delegated authority and this document. See box 2.4.Request for the functional level into which departmental Estimates may be split. RfRs contain a number Resources, RfRof functions being carried out by the department in pursuit of one or more of thatdepartment’s objectives.Resource accountan accruals account produced in line with the Financial Reporting Manual (FReM).Resource accountingthe system under which budgets, Estimates and accounts are constructed in a similar wayto commercial audited accounts, so that both plans and records of expenditure allow in fullfor the goods and services which are to be, or have been, consumed – ie not just the cashexpended.Resource budgetthe means by which the government plans and controls the expenditure of resources tomeet its objectives.Restitutiona legal concept which allows money and property to be returned to its rightful owner. Ittypically operates where another person can be said to have been unjustly enriched byreceiving such monies.Return on capital the ratio of profit to capital employed of an accounting entity during an identified period.employed, ROCEVarious measures of profit and of capital employed may be used in calculating the ratio.Public Privatepartnership, PPPPrivate Finance Initiative, PFIParliamentaryauthority61Managing Public Money"————————————————————————————————————————GLOSSARYRoyal charterthe document setting out the powers and constitution of a corporation established underprerogative power of the monarch acting on Privy Council advice.Second readingthe second formal time that a House of Parliament may debate a bill, although in practicethe first substantive debate on its content. If successful, it is deemed to denoteParliamentary approval of the principle of the proposed legislation.Secondary legislationlaws, including orders and regulations, which are made using powers in primary legislation.Normally used to set out technical and administrative provision in greater detail thanprimary legislation, they are subject to a less intense level of scrutiny in Parliament.European legislation is,however,often implemented in secondary legislation using powers inthe European Communities Act 1972.Service-level agreement between parties, setting out in detail the level of service to be performed.agreementWhere agreements are between central government bodies, they are not legally a contractbut have a similar function.Shareholder Executive a body created to improve the government’s performance as a shareholder in businesses.Spending reviewsets out the key improvements in public services that the public can expect over a givenperiod. It includes a thorough review of departmental aims and objectives to find the bestway of delivering the government’s objectives, and sets out the spending plans for the givenperiod.State aidstate support for a domestic body or company which could distort EU competition and sois not usually allowed. See annex 4.9.Statement of Excessa formal statement detailing departments’ overspends prepared by the Comptroller andAuditor General as a result of undertaking annual audits.Statement on Internal an annual statement that Accounting Officers are required to make as part of the accounts Control, SICon a range of risk and control issues.Subheadindividual elements of departmental expenditure identifiable in Estimates as single cells, forexample cell A1 being administration costs within a particular line of departmental spending.Supplyresources voted by Parliament in response to Estimates, for expenditure by governmentdepartments.Supply Estimatesa statement of the resources the government needs in the coming financial year, and forwhat purpose(s), by which Parliamentary authority is sought for the planned level ofexpenditure and income.Target rate of returnthe rate of return required of a project or enterprise over a given period, usually at least a year.Third sectorprivate sector bodies which do not act commercially,including charities,social and voluntaryorganisations and other not-for-profit collectives. See annex 7.7.Total Managed a Treasury budgeting term which covers all current and capital spending carried out by the Expenditure,TMEpublic sector (ie not just by central departments).Trading fundan organisation (either within a government department or forming one) which is largely orwholly financed from commercial revenue generated by its activities. Its Estimate shows itsnet impact, allowing its income from receipts to be devoted entirely to its business.Treasury Minutea formal administrative document drawn up by the Treasury, which may serve a wide varietyof purposes including seeking Parliamentary approval for the use of receipts asappropriations in aid, a remission of some or all of the principal of voted loans, andresponding on behalf of the government to reports by the Public Accounts Committee(PAC).62Managing Public Money————————————————————————————————————————GLOSSARY63Managing Public MoneyValue for moneythe process under which organisation’s procurement, projects and processes aresystematically evaluated and assessed to provide confidence about suitability, effectiveness,prudence,quality,value and avoidance of error and other waste,judged for the public sectoras a whole.Virementthe process through which funds are moved between subheads such that additionalexpenditure on one is met by savings on one or more others.Votethe process by which Parliament approves funds in response to supply Estimates.Voted expenditureprovision for expenditure that has been authorised by Parliament. Parliament ‘votes’authority for public expenditure through the Supply Estimates process. Most expenditureby central government departments is authorised in this way.Wider market activity activities undertaken by central government organisations outside their statutory duties,using spare capacity and aimed at generating a commercial profit. See annex 7.6.Windfallmonies received by a department which were not anticipated in the spending review.———————————————————————————————————————— -
11 rule
1. n1) правило; норма; принцип2) правление, владычество, господство•2. v1) управлять, править; господствовать2) постановлять, устанавливать3) юр. разрешать (дело); постановлять; выносить определение; устанавливать порядок судебного производства4) стоять на уровне, действовать, преобладать (о ценах, курсах, ставках и т.п.); котироваться -
12 Introduction
Portugal is a small Western European nation with a large, distinctive past replete with both triumph and tragedy. One of the continent's oldest nation-states, Portugal has frontiers that are essentially unchanged since the late 14th century. The country's unique character and 850-year history as an independent state present several curious paradoxes. As of 1974, when much of the remainder of the Portuguese overseas empire was decolonized, Portuguese society appeared to be the most ethnically homogeneous of the two Iberian states and of much of Europe. Yet, Portuguese society had received, over the course of 2,000 years, infusions of other ethnic groups in invasions and immigration: Phoenicians, Greeks, Celts, Romans, Suevi, Visigoths, Muslims (Arab and Berber), Jews, Italians, Flemings, Burgundian French, black Africans, and Asians. Indeed, Portugal has been a crossroads, despite its relative isolation in the western corner of the Iberian Peninsula, between the West and North Africa, Tropical Africa, and Asia and America. Since 1974, Portugal's society has become less homogeneous, as there has been significant immigration of former subjects from its erstwhile overseas empire.Other paradoxes should be noted as well. Although Portugal is sometimes confused with Spain or things Spanish, its very national independence and national culture depend on being different from Spain and Spaniards. Today, Portugal's independence may be taken for granted. Since 1140, except for 1580-1640 when it was ruled by Philippine Spain, Portugal has been a sovereign state. Nevertheless, a recurring theme of the nation's history is cycles of anxiety and despair that its freedom as a nation is at risk. There is a paradox, too, about Portugal's overseas empire(s), which lasted half a millennium (1415-1975): after 1822, when Brazil achieved independence from Portugal, most of the Portuguese who emigrated overseas never set foot in their overseas empire, but preferred to immigrate to Brazil or to other countries in North or South America or Europe, where established Portuguese overseas communities existed.Portugal was a world power during the period 1415-1550, the era of the Discoveries, expansion, and early empire, and since then the Portuguese have experienced periods of decline, decadence, and rejuvenation. Despite the fact that Portugal slipped to the rank of a third- or fourth-rate power after 1580, it and its people can claim rightfully an unusual number of "firsts" or distinctions that assure their place both in world and Western history. These distinctions should be kept in mind while acknowledging that, for more than 400 years, Portugal has generally lagged behind the rest of Western Europe, although not Southern Europe, in social and economic developments and has remained behind even its only neighbor and sometime nemesis, Spain.Portugal's pioneering role in the Discoveries and exploration era of the 15th and 16th centuries is well known. Often noted, too, is the Portuguese role in the art and science of maritime navigation through the efforts of early navigators, mapmakers, seamen, and fishermen. What are often forgotten are the country's slender base of resources, its small population largely of rural peasants, and, until recently, its occupation of only 16 percent of the Iberian Peninsula. As of 1139—10, when Portugal emerged first as an independent monarchy, and eventually a sovereign nation-state, England and France had not achieved this status. The Portuguese were the first in the Iberian Peninsula to expel the Muslim invaders from their portion of the peninsula, achieving this by 1250, more than 200 years before Castile managed to do the same (1492).Other distinctions may be noted. Portugal conquered the first overseas empire beyond the Mediterranean in the early modern era and established the first plantation system based on slave labor. Portugal's empire was the first to be colonized and the last to be decolonized in the 20th century. With so much of its scattered, seaborne empire dependent upon the safety and seaworthiness of shipping, Portugal was a pioneer in initiating marine insurance, a practice that is taken for granted today. During the time of Pombaline Portugal (1750-77), Portugal was the first state to organize and hold an industrial trade fair. In distinctive political and governmental developments, Portugal's record is more mixed, and this fact suggests that maintaining a government with a functioning rule of law and a pluralist, representative democracy has not been an easy matter in a country that for so long has been one of the poorest and least educated in the West. Portugal's First Republic (1910-26), only the third republic in a largely monarchist Europe (after France and Switzerland), was Western Europe's most unstable parliamentary system in the 20th century. Finally, the authoritarian Estado Novo or "New State" (1926-74) was the longest surviving authoritarian system in modern Western Europe. When Portugal departed from its overseas empire in 1974-75, the descendants, in effect, of Prince Henry the Navigator were leaving the West's oldest empire.Portugal's individuality is based mainly on its long history of distinc-tiveness, its intense determination to use any means — alliance, diplomacy, defense, trade, or empire—to be a sovereign state, independent of Spain, and on its national pride in the Portuguese language. Another master factor in Portuguese affairs deserves mention. The country's politics and government have been influenced not only by intellectual currents from the Atlantic but also through Spain from Europe, which brought new political ideas and institutions and novel technologies. Given the weight of empire in Portugal's past, it is not surprising that public affairs have been hostage to a degree to what happened in her overseas empire. Most important have been domestic responses to imperial affairs during both imperial and internal crises since 1415, which have continued to the mid-1970s and beyond. One of the most important themes of Portuguese history, and one oddly neglected by not a few histories, is that every major political crisis and fundamental change in the system—in other words, revolution—since 1415 has been intimately connected with a related imperial crisis. The respective dates of these historical crises are: 1437, 1495, 1578-80, 1640, 1820-22, 1890, 1910, 1926-30, 1961, and 1974. The reader will find greater detail on each crisis in historical context in the history section of this introduction and in relevant entries.LAND AND PEOPLEThe Republic of Portugal is located on the western edge of the Iberian Peninsula. A major geographical dividing line is the Tagus River: Portugal north of it has an Atlantic orientation; the country to the south of it has a Mediterranean orientation. There is little physical evidence that Portugal is clearly geographically distinct from Spain, and there is no major natural barrier between the two countries along more than 1,214 kilometers (755 miles) of the Luso-Spanish frontier. In climate, Portugal has a number of microclimates similar to the microclimates of Galicia, Estremadura, and Andalusia in neighboring Spain. North of the Tagus, in general, there is an Atlantic-type climate with higher rainfall, cold winters, and some snow in the mountainous areas. South of the Tagus is a more Mediterranean climate, with hot, dry, often rainless summers and cool, wet winters. Lisbon, the capital, which has a fifth of the country's population living in its region, has an average annual mean temperature about 16° C (60° F).For a small country with an area of 92,345 square kilometers (35,580 square miles, including the Atlantic archipelagos of the Azores and the Madeiras), which is about the size of the state of Indiana in the United States, Portugal has a remarkable diversity of regional topography and scenery. In some respects, Portugal resembles an island within the peninsula, embodying a unique fusion of European and non-European cultures, akin to Spain yet apart. Its geography is a study in contrasts, from the flat, sandy coastal plain, in some places unusually wide for Europe, to the mountainous Beira districts or provinces north of the Tagus, to the snow-capped mountain range of the Estrela, with its unique ski area, to the rocky, barren, remote Trás-os-Montes district bordering Spain. There are extensive forests in central and northern Portugal that contrast with the flat, almost Kansas-like plains of the wheat belt in the Alentejo district. There is also the unique Algarve district, isolated somewhat from the Alentejo district by a mountain range, with a microclimate, topography, and vegetation that resemble closely those of North Africa.Although Portugal is small, just 563 kilometers (337 miles) long and from 129 to 209 kilometers (80 to 125 miles) wide, it is strategically located on transportation and communication routes between Europe and North Africa, and the Americas and Europe. Geographical location is one key to the long history of Portugal's three overseas empires, which stretched once from Morocco to the Moluccas and from lonely Sagres at Cape St. Vincent to Rio de Janeiro, Brazil. It is essential to emphasize the identity of its neighbors: on the north and east Portugal is bounded by Spain, its only neighbor, and by the Atlantic Ocean on the south and west. Portugal is the westernmost country of Western Europe, and its shape resembles a face, with Lisbon below the nose, staring into theAtlantic. No part of Portugal touches the Mediterranean, and its Atlantic orientation has been a response in part to turning its back on Castile and Léon (later Spain) and exploring, traveling, and trading or working in lands beyond the peninsula. Portugal was the pioneering nation in the Atlantic-born European discoveries during the Renaissance, and its diplomatic and trade relations have been dominated by countries that have been Atlantic powers as well: Spain; England (Britain since 1707); France; Brazil, once its greatest colony; and the United States.Today Portugal and its Atlantic islands have a population of roughly 10 million people. While ethnic homogeneity has been characteristic of it in recent history, Portugal's population over the centuries has seen an infusion of non-Portuguese ethnic groups from various parts of Europe, the Middle East, and Africa. Between 1500 and 1800, a significant population of black Africans, brought in as slaves, was absorbed in the population. And since 1950, a population of Cape Verdeans, who worked in menial labor, has resided in Portugal. With the influx of African, Goan, and Timorese refugees and exiles from the empire—as many as three quarters of a million retornados ("returned ones" or immigrants from the former empire) entered Portugal in 1974 and 1975—there has been greater ethnic diversity in the Portuguese population. In 2002, there were 239,113 immigrants legally residing in Portugal: 108,132 from Africa; 24,806 from Brazil; 15,906 from Britain; 14,617 from Spain; and 11,877 from Germany. In addition, about 200,000 immigrants are living in Portugal from eastern Europe, mainly from Ukraine. The growth of Portugal's population is reflected in the following statistics:1527 1,200,000 (estimate only)1768 2,400,000 (estimate only)1864 4,287,000 first census1890 5,049,7001900 5,423,0001911 5,960,0001930 6,826,0001940 7,185,1431950 8,510,0001960 8,889,0001970 8,668,000* note decrease1980 9,833,0001991 9,862,5401996 9,934,1002006 10,642,8362010 10,710,000 (estimated)
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