scholarly journals Opłata i dotacja uzdrowiskowa – ewolucja unormowań prawnych

2019 ◽  
pp. 137-158
Author(s):  
Bogusława Michalak-Trybus
Keyword(s):  
Local Government ◽  
Late Nineteenth Century ◽  
Health Resort ◽  
State Budget ◽  
Applicable Law ◽  
Adoption And Implementation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
Legislative Changes

The legislator’s fee and spa subsidy established a source of income for a local government unit that has the status of a spa (health resort) municipality. The health resort municipality may collect the health resort fee from natural persons staying more than one day for health, tourist, leisure and training purposes in the area of the health resort, applying the allowances and preferences indicated in the relevant act implementing the own tasks in the scope of preserving the spa functions of health resort for the award of a spa subsidy from the state budget. Both sources of financing of the health resort municipality are the compensation for the lost income of the health resort municipalities due to statutory restrictions on the economic and investment development of this type of local government unit. Often there are conflicts of interpretation concerning the adoption and implementation of the collection of the health resort fee, as well as in matters concerning the rules, manner and purpose of the use of the fee and the health resort subsidy by the health resort municipalities. The aim of the article is to present the most important aspects of the essence and legal nature of the fee and spa subsidy. The legal basis defining the functioning of the fee and spa subsidy has been discussed in historical perspective, from the late nineteenth century to the present, in the context of the income component of the spa commune under the provisions of administrative and tax law. The research considerations were based on the review of legislative acts regulating this matter in the aspect of the repealed and applicable law and positions presented in the literature on the subject. Proposals for legislative changes in this area have been presented, simultaneously indicating the purpose and effects of the amendment.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

scholarly journals Status nauczyciela akademickiego jako osoby pełniącej funkcję publiczną. Uwagi na tle ustawy Prawo o szkolnictwie wyższym i nauce

2020 ◽  
Vol 25 (4) ◽  
pp. 173-186
Author(s):  
Robert Tabaszewski ◽  
Keyword(s):  
Higher Education ◽  
Legal Status ◽  
Legal Responsibility ◽  
Public Official ◽  
Public School Teachers ◽  
School Teachers ◽  
Applicable Law ◽  
The Status ◽  
The Subject ◽  
Academic Teacher

The subject of this article is the legal status of an academic teacher as a person discharging a public function under the applicable Law on Higher Education and Science of 20 July 2018. It examines whether and to what extent the current regulation has affected the sphere of rights and obligations of an academic teacher who is a public official in special situations. In particular, the legal status of academic teachers and the status of public school teachers are compared. The author shows that the Law on Higher Education and Science does not contain a provision explicitly granting an academic teacher the status of a person performing a public function. This status is recognised in the rulings of common and administrative courts. Lawyers also recognise that an academic teacher, as a person employed at a university, that is, a unit with public funds, performs public functions. The article also describes the degree of legal responsibility of an academic teacher towards other entities.

O przedmiocie i charakterze prawnym spraw rozstrzyganych przez Wojewódzkie Komisje do spraw Orzekania o Zdarzeniach Medycznych

2020 ◽  
Vol 5 (55) ◽  
Author(s):  
Urszula Dorota Drozdowska
Keyword(s):  
Current Model ◽  
Civil Court ◽  
Medical Event ◽  
Legal Nature ◽  
The Subject ◽  
Legislative Changes

The article presents the current model of out-of-court compensation for medical damages. In particular, the aim of the publication is to analyze the legal nature of proceedings before the Provincial Committees for the Ruling of Medical Events, which are to determine the existence of a medical event. Originally, the entity responsible for medical events was to be primarily the insurer. As a result of the legislative changes which led to the abolition of the insurance obligation, the entity responsible in the procedure before the Commission became de facto hospital. The author describes the subject of the commission procedure and then confronts it with the subject of compensation proceedings before the civil court. She also considers the nature of the proceedings before the Commission in comparison with the mediation proceeding. Against this background, she formulates de lege ferenda postulates which, without pretending to propose final legal solutions, are intended to provoke a discussion on possible ways of repairing the described model.

scholarly journals The legal nature of an autonomous robot in determining the subject of property legal responsibility: theory and practice

2019 ◽  
Keyword(s):  
Autonomous Robots ◽  
Autonomous Robot ◽  
Theory And Practice ◽  
Roman Law ◽  
Legal Responsibility ◽  
Legal Nature ◽  
Balance Of Interests ◽  
The Status ◽  
The Subject ◽  
Legal Fact

In the article, given the need to distinguish between "objects" and "subjects" of legal relations, the issues of determining the subject of property legal responsibility are considered when there is a legal fact of unlawful behavior of an autonomous robot. As an idea-antithesis with respect to the idea of ​​an “electronic person”, it is proved that, by making appropriate changes in the current legislation, not to provide an autonomous robot with the status of a “subject of legal relations”. In general the features of functioning of autonomous robots are examined from position of "de lege lata" and "de lege ferenda". The features of concepts "Technical lack of autonomous robot" and "illegal excess of functioning of autonomous robot" are indicated. Underlined, that the guarantees of balance of interests of "producers" (developers), "consumers" (owners, users), "third persons", first of all suppose the presence of "insurance of risk of functioning of autonomous robots" (for example, "Contract of insurance of risk of illegal result of functioning of autonomous robot"), of the "compensative money system" of accruals, "registration of autonomous robots" consists. Grounded, that autonomous robot (for example, "military-battle autonomous robot") as an object of legal relationships can be embraced by a category "source of enhanceable danger". Text of addition of the corresponding article of the Civil code of Ukraine is proposed. It is also indicated on expediency of presence in this code of the separate article with the name: the "Illegal excess of functioning of autonomous robot, subject to obligatory registration" (text of the article is set forth). The variant of understanding of autonomous robots is analysed, as well as "animals", by the special objects of civil legal relationships, and also suggestion to give to the autonomous robots status analogical to status of slave in the Ancient Roman law. Drawn conclusion in relation to understanding of autonomous robot as quasisubject or subject of legal relationships.

Compassion and Scepticism in Child Sexual Abuse; Some Historical Aspects and Explanations

1998 ◽  
Vol 5 (2) ◽  
pp. 189-202
Author(s):  
H.E.M. Baartman
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Late Nineteenth Century ◽  
The Public ◽  
The Status ◽  
Nineteenth Century France ◽  
The Subject ◽  
Children First ◽  
Pendular Movement ◽  
Social Debate

The sexual abuse of children is the subject of heated social debate. The general outrage with which this theme was placed on the public agenda in the 1970s has, to a considerable extent, made room for doubts about the reliability of children as witnesses and of professionals as their informants. History shows a parallel to this pendular movement in late nineteenth-century France; initial anxiety concerning the magnitude and seriousness of the sexual abuse of children, first expressed by Tardieu in the mid-19th century, turned later into scepticism. This article describes some of the aspects that play a role in the difficulty which society has in taking child sexual abuse seriously: the isolation of sexuality, ambivalences in the societal image of children, the status of parents and that of professionals.

scholarly journals A Congregação do Santíssimo Redentor em Goiás (1894-1925)

2018 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Andréia Márcia de Castro Galvão
Keyword(s):  
Nineteenth Century ◽  
Catholic Church ◽  
Status Quo ◽  
The State ◽  
Late Nineteenth Century ◽  
The Status ◽  
Late Nineteenth ◽  
Legislative Changes ◽  
New Strategies ◽  
The Catholic Church

As mudanças legislativas do final do século XIX alteraram o status quo da Igreja Católica, levando-a a desenvolver novas estratégias de ação a fim de defender seu espaço junto à comunidade. Devido a séculos de padroado, a religiosidade brasileira tornara-se uma mescla de práticas medievais e mágicas com características portuguesas, africanas e indígenas. O combate a essas práticas foi intensificado com a implementação do ultramontanismo, que buscava centralizar e verticalizar o poder clerical, diminuir o poder das irmandades leigas, sacralizar os locais de culto, dentre outras. Partindo dessas premissas, esse artigo analisa a vinda de religiosos católicos europeus para Goiás, nomeadamente da Congregação do Santíssimo Redentor – redentoristas –, como parte importante do projeto ultramontano. Esses religiosos reforçaram o clero (então diminuto), contribuíram na propagação da fé com missões, giros paroquiais e desobrigas, criaram um jornal religioso e ainda ajudaram no controle da principal festa religiosa do estado. The Congregation of the Holy Redeemer in Goiás (1894-1925) The legislative changes of the late nineteenth century has altered the status quo of the Catholic Church, leading it to develop new strategies of action in order to defend its space with the community. Due to centuries of patronage, Brazilian religiosity had become a mixture of medieval and magical practices with Portuguese, African and indigenous characteristics. The fight against these practices was intensified with the implementation of ultramontanism, which sought to centralize and verticalize clerical power, to reduce the power of lay brotherhoods, to sacralize places of worship, among others. Based on these premises, this article analyzes the coming of European Catholic religious to Goiás, namely the Congregation of the Holy Redeemer – Redemptorists – as an important part of the ultramontane project. These religious strengthened the clergy (then scanty), contributed to the spread of the faith with missions, parochial circuit and disengagement, created a religious newspaper and also helped control the main religious celebration of the state.

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