scholarly journals Cash Benefits in Social Welfare: Transformation of Legislation and Scientific Approaches to the Definition of Employed Concepts

2021 ◽  
pp. 33-37
Author(s):  
Yulia Mikhailenko
Keyword(s):  
Social Security ◽  
Social Welfare ◽  
Retrospective Analysis ◽  
Labor Law ◽  
Insurance Benefits ◽  
Key Concepts ◽  
Cash Benefits ◽  
Definition Of ◽  
The Right ◽  
Scientific Ideas

The article analyzes the shortcomings of the conceptual apparatus characteristic of the right for social security in designating the types of social security provided in monetary form. In particular, there is a lack of  necessary definitions (including key concepts such as "benefits" and "compensation"); lack of uniformity of terms (foregoing, the term "compensation" in some sources is used in the sense of "reimbursement of costs incurred by a person", traditional for the science of labor law, and in others a "civilized" approach to compensation as payments aimed at restoring the property sphere in case of encroachments on intangible goods is applied); "doubling" of concepts (for example, the appearance of "insurance payments" along with insurance "benefits"). Based on the analysis of the current legislation, it is concluded that there is no consistent distinction between the concepts of "benefits", "compensation", and other monetary payments. Nevertheless, a retrospective analysis of the sources of social security law, as well as ideas and approaches formed in science (not without the influence of the science of labor law), allows us to define certain types of social security payments. Unfortunately, they are not always reflected in the legislation on social security, as a result of which the scientific ideas themselves are undergoing changes, in particular, the criteria determining the essence of various social security payments are being enough. It seems that the directions for improving the system of sources of social security law should be the rejection of excessive terminological diversity in determining the types of social security, as well as the orientation to the approaches developed in science to their definition.Thus, it is proposed to use the category of benefits as a universal concept, referring to it social security payments in cash, which do not have specific features of other social security payments.

scholarly journals IMPLEMENTASI PERLINDUNGAN HUKUM TERDAHAP HAK MATERNITAS PEKERJA WANITA DI KAWASAN BERIKAT NUSANTARA (KBN) CAKUNG JAKARTA UTARA DITINJAU DARI UNDANG-UNDANG KETENAGAKERJAAN (STUDI KASUS PELANGGARAN HAK MATERNITAS PEKERJA WANITA DI WILAYAH KBN CAKUNG, JAKARTA UTARA)

2018 ◽  
Vol 1 (1) ◽  
pp. 586
Author(s):  
Melisa Kurniawan Ardianto ◽  
Stanislaus Atalim
Keyword(s):  
Women Workers ◽  
Social Security ◽  
Labor Law ◽  
Research Literature ◽  
Child Rearing ◽  
Labour Law ◽  
Rights Protection ◽  
The Right ◽  
Year 2000 ◽  
Normative Aspect

This research was conducted to examine the rules concerning the protection of maternal right of women workers set forth in Labor Law. Basically, women workers have special right, their right must also be facilitated. One of the most fundamental right is the maternal right of women workers, including the right to menstruation leave, get social security in the form of care during childbirth and after childbirth, breast feeding and caring for the right and child rearing. This research also to look at the law as the principles of truth and justice that is natural and universally applicable. The method used in this research is normative research specifications. Juridical instruments used are equipped with the Labour Law Regulations related of legislation law, while the normative aspect associated with the materials related to the research literature. Implementation of maternity rights protection of women workers has been stated in the Labour Law and ILO Convention No. 183 Year 2000 on Maternity Protection (ILO Convention on Maternity Convention). The results of this research indicate that the implementation of maternity right not going well.

scholarly journals On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

Social Security and the European Convention on Human Rights: How an Odd Couple Has Become Presentable

2007 ◽  
Vol 9 (3) ◽  
pp. 221-241 ◽  
Author(s):  
Klaus Kapuy
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Social Insurance ◽  
General Rule ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Cash Benefits ◽  
The Right

For more than twenty years now, the European Convention on Human Rights has been used to solve disputes in social security. This is peculiar since the Convention itself and its Protocols primarily comprise civil and political rights and do not include a right to social security. This article analyses the supervisory bodies' case law to establish how national disputes over contributions or cash-benefits under statutory social insurance and social assistance scheme have attracted the protection of the Convention. It also provides an overview of the types of social security cases which today fall within the ambit of particular rights guaranteed by the Convention. It concludes that the right to a fair trial (Article 6(1)) and the protection of property (Article 1 of the First Protocol to the Convention) are, as a general rule, applicable in the field of social security. By contrast, the protection of family life and the protection of private life (Article 8) have, in social security matters only, only been accepted as applicable in the context of particular branches of social security or in relation to particular groups of beneficiaries.

scholarly journals UČINKOVITOST NAKNADA OPĆE SOCIJALNE POMOĆI I ULOGA CENTRA ZA SOCIJALNU SKRB U BORBI PROTIV SIROMAŠTVA

2021 ◽  
Vol 27 (3) ◽  
pp. 449-479
Author(s):  
Martina Podobnik ◽  
Antun Ilijaš
Keyword(s):  
Social Welfare ◽  
Social Workers ◽  
Social Assistance ◽  
Daily Work ◽  
Assistance Programs ◽  
The Social ◽  
General Assistance ◽  
Cash Benefits ◽  
The Right

THE EFFICIENCY OF GENERAL SOCIAL ASSISTANCE BENEFITS AND THE ROLE OF SOCIAL WELFARE CENTERS IN COMBATING POVERTY The social work profession is rooted in combating poverty and the fight for human rights. Social welfare centers represent a key institution in that area, particularly the cash benefits departments in which social workers daily work with the poorest members of society. The system of social assistance benefits in Croatia includes the general and categorical social assistance programs. This paper is focused on general assistance programs, guaranteed minimum benefit and one-time allowance. The aforementioned rights are regulated by the Social Welfare Act which has been amended six times since 2011, thus bringing novelties to the area of realization of the right to general social assistance benefits. The paper presents the most important changes and provides an overview of their practical applicability. It also provides guidelines for improving efficiency of the two most important cash benefits with regard to the amount of the benefits and their targeting, efficiency with regard to beneficiary groups including children and retired persons and work activation of young persons (and) beneficiaries who are capable for work. Considering the crucial role of social workers in the deciding on the recognition of the right to benefits, special attention was paid to a critical overview the role of social workers n the cash benefits departments.

scholarly journals THE SPECIFICITY OF THE PHARMACEUTICAL MARKET AS AN ELEMENT OF SOCIAL SECURITY

2019 ◽  
Vol 30 (6) ◽  
pp. 1537-1544
Author(s):  
Sevdalina Dimitrova ◽  
Petar Tishkov
Keyword(s):  
Social Security ◽  
Retrospective Analysis ◽  
Business Environment ◽  
Pharmaceutical Products ◽  
Pharmaceutical Market ◽  
Medicinal Products ◽  
Demand And Supply ◽  
Modern Business ◽  
Management Approaches ◽  
The Right

The pharmaceutical market in the modern business environment is highly competitive, abounding in the range of pharmaceutical products offered by different manufacturers. At first glance, it bears all the hallmarks of each market, namely the place where you encounter the demand and supply of medicinal products and pharmaceutical services of specified quality, at an affordable price, meeting the requirement of safety and efficacy at the right time and the right place to meet certain needs. On this basis, for the successful functioning of the pharmaceutical market important is the existence of demand and supply of specific goods medicinal products whose consumption is in the case, i.e. in a situation occurred with the health of consumers established by medical. And this means there should be an identification of the objects available on the market, in a dynamic business environment and according to the factors of this environment. And since the products and services offered on this market are directly related to the health status of the nation of any country, it should be seen as an element of social security. This, more than ever, determines the need to introduce the relevant regulatory mechanisms on this market, in order to avoid unfair competition and products and services, endangering people's lives. In this aspect the scientific research of the authors is to present fragments, determining the specifics of the pharmaceutical market, in the context of social security subsystem. Furthermore the theme is seemingly familiar, but our research is focused on a retrospective analysis of the characteristics of the pharmaceutical market in a competitive business environment . Hence, the authors' research objective is to present a retrospective analysis of the key features of the pharmaceutical market in the context of national security, in particular social security. And this, more or less, requires a study of the theoretical and practical aspects in that direction. Moreover, with the help of the research, analytical and management approaches, the key role of the pharmaceutical market should be justified, as a guarantor of the human factor's viability. And because the pharmaceutical market is multifaceted, then the entities operating in this market have their missions, goals and objectives, a fact which in itself implies the interaction and functioning chain of command, united by the common goal of the pharmaceutical market.

scholarly journals Zbieg prawa do świadczeń opiekuńczych i świadczeń z ubezpieczenia społecznego — uwagi de lege ferenda

2019 ◽  
Vol 117 ◽  
pp. 37-46
Author(s):  
Monika Lewandowicz-Machnikowska
Keyword(s):  
Social Security ◽  
Legal System ◽  
Social Insurance ◽  
Current Situation ◽  
Insurance Benefits ◽  
Retirement Pension ◽  
Insurance Benefit ◽  
Family Benefits ◽  
The Right ◽  
Social Security Benefits

CONCURRENCE OF THE RIGHTS TO CARE BENEFITSAND SOCIAL SECURITY BENEFITS —DE LEGE FERENDA COMMENTSThe text deals with the issue of the concurrence of care benefits and social security benefits regulated in the Act on Family Benefits. Such a situation occurs when a person who already has the right to a social insurance benefit, e.g. a retirement pension, acquires the right to one of the care benefits, e.g. an attendance benefit. The regulations included in the Act on Family Benefits are discussed against the background of the general principles according to which a particular type of risk can be protected with only one benefit and social insurance benefits take precedence over care benefits. According to the author’s opinion, the solutions adopted by the legislator are unadjusted to the current situation and are increasingly provoking controversy in practice and, consequently, in the author’s opinion, require changes. The lack of action on the part of the legislator causes courts to play its role, which should not occur in a properly functioning legal system based on the rule of the tripartite division of power.

scholarly journals Survivorship and Inheritance Rights for Same-Gender Couples: Relevance to Social Workers

10.18060/1840 ◽  
2011 ◽  
Vol 12 (2) ◽  
pp. 345-362
Author(s):  
Jessica Cordero ◽  
Darrel Montero ◽  
Teisha Portee ◽  
Renee Spears ◽  
Vicki Stevenson ◽  
...  
Keyword(s):  
Health Insurance ◽  
Civil Rights ◽  
Social Security ◽  
Social Workers ◽  
Survey Research ◽  
Insurance Benefits ◽  
Same Gender ◽  
The Right ◽  
Employment Rights ◽  
Poll Data

Californians voted in November 2008 to ban the right to same-gender marriage in California. This paper summarizes data on changes in societal attitudes relative to homosexuals, same-gender couples, and their civil rights as reflected in Gallup and Princeton Survey Research Associates International poll data over the years through 2011. These findings report deeply entrenched and enduring divisions in American attitudes toward the rights and status of same-gender couples. Although historically a majority of Americans has consistently opposed same-gender marriage, Americans increasingly recognize the need to extend equality to same-gender couples in the form of employment rights, inheritance rights, Social Security, and health insurance benefits. This article explores existing and proposed policies regarding the rights of same-gender couples. In addition, it examines the implications and opportunities for advocacy by social workers who face the challenge of navigating the legal and personal obstacles that arise when their client’s same-gender relationships are not sanctioned by law.

Towards the digital land reclamation

2020 ◽  
pp. 5-9
Author(s):  
Sergey Vasil'ev ◽  
Vyacheslav Schedrin ◽  
Aleksandra Slabunova ◽  
Vladimir Slabunov
Keyword(s):  
Retrospective Analysis ◽  
Land Reclamation ◽  
Practical Experience ◽  
Maximum Effect ◽  
Optimal Management ◽  
Scientific Potential ◽  
History Of ◽  
Definition Of ◽  
Further Development ◽  
Full Cooperation

The aim of the research is a retrospective analysis of the history and stages of development of digital land reclamation in Russia, the definition of «Digital land reclamation» and trends in its further development. In the framework of the retrospective analysis the main stages of melioration formation are determined. To achieve the maximum effect of the «digital reclamation» requires full cooperation of practical experience and scientific potential accumulated throughout the history of the reclamation complex, and the latest achievements of science and technology, which is currently possible only through the full digitalization of reclamation activities. The introduction of «digital reclamation» will achieve greater potential and effect in the modernization of the reclamation industry in the «hightech industry», through the use of innovative developments and optimal management decisions.

THE CONCEPT OF CONSTITUTIONAL AND LEGAL GUARANTEES OF ELECTORAL RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  
Keyword(s):  
Scientific Research ◽  
Formal Aspect ◽  
Universal Approach ◽  
Right To Vote ◽  
Definition Of ◽  
The Right

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

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