scholarly journals Zakład lecznictwa uzdrowiskowego. Część 1. Podstawowe pojęcia oraz prawne aspekty organizacji i działalności tego typu zakładów jako podmiotów leczniczych

2020 ◽  
pp. 151-200
Author(s):  
Paulina Jachimowicz-Jankowska
Keyword(s):  
Legal Status ◽  
Treatment Facility ◽  
Health Resort ◽  
The Status ◽  
Medical Entity ◽  
Treatment Facilities ◽  
Spa Treatment ◽  
Legal Forms ◽  
Definition Of ◽  
Therapeutic Activities

A health resort treatment facility is a particular medical entity that performs therapeutic activities because it is located in a health spa resort municipality which has the status of a spa health resort. Only the spa health resort municipality implements its own tasks related to the maintenance of health spa functions, and creates the conditions for this type of health facility to function and to develop the municipal infrastructure in order to meet the needs of people staying in the municipality for spa resort treatment. The basic, but not the sole, purpose of establishing and maintaining a health resort treatment facility is medical activity consisting in providing spa patients with health services performed as part of spa treatment integrated into the health care system. The study focuses on how the definition of this type of facility has evolved in the legislation and the directions of changes that have occurred as a consequence of the change in the legal status, as well as other important terms referring directly to the spa treatment facility. The presentation of its various types and tasks performed by these establishments enables the identification of numerous interpretation problems related to their qualification. Due to the diversified ownership structure of these medical entities, reference is made to their organizational and legal forms, with a demonstration of the possible consequences that result from transforming these establishments into health resort companies. The current epidemic in Poland allows the scope of limitations in the operation of spa treatment facilities to be shown and, consequently, changes in the organization of some types of these facilities.

scholarly journals Zakład lecznictwa uzdrowiskowego. Część 2. Status prawny organów zakładowych podmiotu leczniczego i personel uzdrowiskowy zakładu

2021 ◽  
pp. 75-116
Author(s):  
Paulina Jachimowicz-Jankowska
Keyword(s):  
Health Services ◽  
Legal Status ◽  
Medical Facility ◽  
Treatment Facility ◽  
Health Resort ◽  
Role Taking ◽  
Efficient Operation ◽  
The People ◽  
Treatment Facilities ◽  
Spa Treatment

The spa treatment facility located in the health resort is distinguished by its specificity due to the fact that it conducts spa treatment in this type of medical entity. For the proper performance of the healing function and offering the health services for which a given spa is intended, the human factor plays an important role, taking into account the specificity of the health resort. This applies to those constituting the authorities of a health resort treatment facility, namely the manager and social committee (which in this study are limited to non entrepreneurs), as well as medical professionals and other employees. The special powers of the authorities and staff of spa treatment facilities towards the people using the health services provided there are reflected in the sources of law, which include the statute and organizational regulations of this type of medical facility. The article contains an analysis and assessment of legal regulations relating tothe scope of the activities of the authorities of this type of spa treatment facilities, with particular emphasis on the manager and social council and staff, especially person body plays a fundamental role in managing a medical facility, with responsibility for management and for all facility employees. On the other hand, the social committee, which is the collegiate body of this institution, is appointed only ina non-entrepreneurial medical facility, and this body is characterized by a specific legal nature that performs various tasks. The efficient operation of the plant is also ensured by professional medical staff, other medical workers and other employees. The legal status of company bodies and personnel is presented in terms of generally applicable regulations, as well as in the context of the organizational regulations and the statute of the spa treatment facility.

scholarly journals Theoretical problems of defining the concept of «economic organization»

2021 ◽  
Vol 2 (20) ◽  
pp. 10
Author(s):  
O. O. Shchokina
Keyword(s):  
Legal Status ◽  
Economic Organization ◽  
Economic Activities ◽  
Legal Form ◽  
Economic Law ◽  
Economic Organizations ◽  
The Status ◽  
Legal Forms ◽  
Definition Of ◽  
The Right

The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The concept of “economic organization” is quite apposite to denote all the diversity of economic entities, but its usage caused a number of theoretical problems. These include problems: the relationship between the concepts of “economic organization” and “undertaking”, the status of a legal entity, the definition of organizational and legal forms of economic organizations, the distinction between commercial and non-commercial economic organizations and classification of economic organizations in general. The definition of “economic organization” needs to be clarified taking into account the following: in the economic turnover involved some business organizations that are not legal entities; the right to carry out economic activities should have the organization, that formed in the prescribed organizational and legal form, which provides economic competence for commercial or non-commercial economic activities

scholarly journals Consumer partnerships as organizational and legal form of a juridical entityэ

2020 ◽  
Vol 2020 (2) ◽  
pp. 28-39
Author(s):  
Nischymna S.O. ◽  
◽  
Zlyvko S.V/ ◽  
Sykal M.M. ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Form ◽  
State Management ◽  
Consumer Cooperative ◽  
The Status ◽  
Cooperative Partnership ◽  
Legal Model ◽  
Legal Forms ◽  
Definition Of

The status of a consumer partnership as one of organizational and legal forms of juridical entities, that is also one of organizational and legal forms of citizens’ more active participation in state-management and their personal needs satisfaction is determined in the article. The norms of the Civil Code and the State Code of Ukraine, the Law of Ukraine “On Cooperation” and the “On Consumer Cooperation” are analyzed. According to the mentioned documents an independent, democratic citizens’ organization who unite in order to conduct common management for the sake of improving their economic and social status on the basis of voluntary partnership and mutual support are considered to be a consumer partnership. The above mentioned regulatory legal acts provide for different features of consumer partnerships. The features of consumer partnerships provided by current legislation are not civil and legal in their nature. Such a situation has become a legacy of the fact that the principles of legal regulation of the system of consumer partnerships, formed in the USSR, has not almost been changed yet. The very fact is that there is a need to develop a new legal model of consumer partnerships, which structure will take into account modern tendencies of the development of European legislation. It’s possible to formulate a list of civil and legal features of consumer cooperative partnerships that will distinguish them among any other partnerships. Namely they are: non-entrepreneurial legal status of consumer partnership; sufficiency of the main rights of the members of a partnership; subjects of property right of the members of a partnership; responsibility of the members of a partnership for obligations of a consumer partnership. All these features allow us to distinguish consumer partnerships as a separate organizational and legal form of non-entrepreneurial partnerships. The following definition of a consumer cooperative partnership can be proposed: it is a non-entrepreneurial cooperative partnership which members have a right for a concern. The size of this concern is determined as a set of unit and additional contributions. The members are liable within the value of the unit and are entitled to profit within the limits determined by law. Key words: cooperative, consumer partnership, features of consumer partnerships.

On the Concept of Financial Stability of the Pension Fund of Russia

2004 ◽  
pp. 106-122
Author(s):  
N. Borisenko
Keyword(s):  
Financial Management ◽  
Financial Stability ◽  
Pension Fund ◽  
Legal Status ◽  
Financial System ◽  
State Institution ◽  
Financial Resources ◽  
The Status ◽  
Definition Of

The article is devoted to investigation of the contents of financial stability of the Pension Fund of Russia (PFR). From the position of the theory of systems the concept and attributes of financial stability of the economic subject are revealed. Two components of financial stability of PFR as a specific economic subject are considered: financial stability of the pension fund and financial management of the managing structure. The article contains the analysis of incomes and expenditures of the pension fund as a part of the Russian financial system, attributes of its financial stability are revealed and its definition is given. The analysis of the legal status of PFR is carried out and the expediency of ascribing to it the status of state institution is grounded. Classifications of financial resources and obligations of PFR are suggested and the definition of its financial stability is formulated.

scholarly journals THE PROBLEMS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF EMPLOYEES OCCUPYING POLITICAL POSITIONS IN THE EXECUTIVE AUTHORITIES

2021 ◽  
pp. 22-27
Author(s):  
M. A. Balamush ◽  
N. V. Dobrovolskaya
Keyword(s):  
Legal Status ◽  
Executive Branch ◽  
Administrative Law ◽  
Civil Servants ◽  
Legal Responsibility ◽  
Administrative Positions ◽  
Legal Forms ◽  
Common Criterion ◽  
Definition Of ◽  
Administrative Science

The article analyzes the opinions presented in scientific sources regarding the definition of political positions in the executive branch and the administrative and legal status of employees holding these positions. Instead, the specifics of the implementation of the administrative-legal status of employees holding political positions in the executive branch are studied in administrative science piece by piece. Particular attention is paid to the fact that administrative law consistently and persistently considers all aspects of the acquisition and implementation of the administrative and legal status of civil servants and employees of local self-government bodies. A terminological distinction is made between the terms «professionalism» and «qualifications». Professionalism means that a position in the executive branch is associated with a specific profession. For a candidate applying for the relevant position, additional requirements are imposed regarding his professional abilities. On the other hand, professionalism means that the person applying for the position must be qualified enough to carry out their duties effectively. Thus, “professionalism” is characteristic of all employees holding administrative positions in the system of executive bodies, and “professionalism”, in our opinion, is a common criterion for all categories of civil servants. It is proposed to highlight the following features of the civil service performed by persons holding political positions in executive bodies: 1) provides for the constitutional and legal procedure for entering and passing political service (constitutional and legal status of employees holding political positions); 2) the powers assigned to political positions in executive bodies require the availability of appropriate administrative and legal forms and mechanisms for their implementation (administrative and legal status of employees holding political positions); 3) employees holding political positions are not subject to disciplinary responsibility, and therefore the structure of their administrative and legal status does not provide for legal responsibility; 4) the professionalism of political figures in the system of executive authorities is manifested in a harmonious combination of their political and administrative activities.

scholarly journals THE STATUS OF INTERNATIONAL TREATIES IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION: FROM THEORY TO PRACTICE

2018 ◽  
Vol 1 (4) ◽  
pp. 28-37
Author(s):  
Olga Kiseleva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Legal Analysis ◽  
International Treaties ◽  
Conceptual Approach ◽  
International Treaty ◽  
Anal Ysis ◽  
The Status ◽  
Basic Characteristics ◽  
Definition Of

The subject. The article is devoted to research the legal nature of international treaties.The purpose of the article is to formulate the feasibility of determining the legal status of international treaties in the composition of the sources of law in terms of its unity.The methodology. The author uses the systematic approach to research, methods of anal-ysis and synthesis, including formal legal analysis of international treaties, Russian legislation and courts’ decisions.The main results and scope of their application. The analysis of the categories of legal act, the regulatory agreement, the international treaty, describing its characteristics, legal characteristics is performed. On the basis of the main legal characteristics of the category of normative legal acts, the expediency of inclusion of an international treaty to this category is proven. It is groundless to detach international treaties on normative legal acts, thereby reducing the extent of the need for their application. This, however, does not change the fact that the source of law in each legal system may have special characteristics depending on such system and complementing the basic characteristics. The international treaty is a legal act of international law. Such a conceptual approach to this issue allows making further conclusions.Conclusions. The author highlights the circumstances of the need for reasonable use of international treaties to resolve disputes, that are significant for the process of enforcement. This position is based on the proposed definition of an international treaty including it to the normative legal acts.

scholarly journals Legal status of direct sales of agricultural and food products in the legislation of selected EU Member States

2020 ◽  
pp. 65-77
Author(s):  
Anna Kapała
Keyword(s):  
Legal Status ◽  
Food Products ◽  
Agricultural Activity ◽  
Business Law ◽  
Member States ◽  
Direct Sales ◽  
Eu Member States ◽  
Italian Law ◽  
The Status ◽  
Definition Of

The purpose of the discussion presented in the article was to determine the legal status of direct sale of agricultural and food products and its place in the agricultural activity in the legislation of selected EU Member States: Poland, Italy, and France. The considerations show that each legislator has chosen a different way of determining the legal status of this activity, though with a view to a similar ratio legis, which is to support it by enabling and facilitating farmers involvement. In Polish law, “agricultural retail sale” is outside the narrow definition of agricultural activity. It is not, however, subject to the provisions of business law provided it meets the conditions specified in law. Italian law defines the status of direct sales explicitly as agricultural, situating them among connected agricultural activities carried out by the agricultural entrepreneur. The detailed criteria for its connection with the agricultural activity by nature constitute a separate special regulation. In French law, thanks to the broad definition of agricultural activity, the place of direct sale as an agricultural activity par relation which is an extension of the act of production, is defined by case-law.

scholarly journals An assessment of available treatment facilities at different treatment centers of Sikkim: a cross sectional baseline study from dependents’ perspective

2017 ◽  
Vol 6 (8) ◽  
pp. 1921
Author(s):  
Sunil K. Pandey ◽  
Deepanjana Dass
Keyword(s):  
Personal Interview ◽  
Treatment Facility ◽  
Chi Square ◽  
Cross Sectional ◽  
Demand And Supply ◽  
Treatment Demand ◽  
The Status ◽  
Treatment Facilities ◽  
Chi Square Analysis

Background: Substance dependents is a major challenge for the economic wellbeing of an individual, society or a country. There is a huge gap between treatment demand and supply. Treatment facilities provided by the centers are different and are many a times lesser and inferior than required. This study was aimed to explore the status of basic facilities in the treatment centers of Sikkim from dependents’ perspectives.Methods: This study was conducted with n=241 participants who were undergoing treatment in seven different treatment centers of Sikkim. Reliable and pre-validated sociodemographic and treatment facility questionnaires were administered by the investigator on personal interview. Answers were recorded on the questionnaire and the same was entered in SPSS following which frequency and chi square analysis was done.Results: There were more male participants than females. Also, more number of participants were from Nepali, Hindu and urban origin. 31% participants were found to be unemployed. Knowledge about other treatment centers was fair (66%) and maximum had the knowledge of present treatment facilities. More than 90% participants were not satisfied with the contact facilities and nutritional supplements (98%). At around 41% participants reported that the education sessions were either boring or useless or both.Conclusions: In order to increase the entry in the treatment, there is a need to improve the quality of different facilities at the treatment centers. Also, there is a need of intermittent audit of the minimum required facilities.

scholarly journals Mediation in criminal proceedings

2021 ◽  
pp. 308-312
Author(s):  
P.D. Denisyuk
Keyword(s):  
Restorative Justice ◽  
Legal Status ◽  
Criminal Procedure ◽  
Research Topic ◽  
The Political ◽  
Criminal Proceedings ◽  
Political Will ◽  
The Status ◽  
Scientific Reflection ◽  
Definition Of

Іn the article the author investigates the institute of mediation, which acquires its development not only in civil and commercial proceedings, but also in criminal proceedings and is a manifestation of the concept of restorative justice. As a confirmation of the relevance of the research topic, judicial statistics of consideration of materials of criminal proceedings on the basis of agreements by courts of first instance are given, which confirms the necessity and importance of such a legal institution.The norms of international normative legal acts, where the institute of mediation was embodied, are analyzed. Also are considered the main provisions on the application of agreements in the criminal procedure legislation of Ukraine. It was stated that mediation is possible within the framework of the conciliation agreement.The opinion is expressed that the application of the relevant legal institution in criminal proceedings will facilitate the adoption of a special law «Mediation» and analyzed the lawmaking in this area. The next step could be amending the criminal procedure legislation of Ukraine. Number of issues need to be clarified, including: what will be the status of a mediator in criminal proceedings (his rights and responsibilities, guarantees of independence, etc.); what is the procedural order of mediation; what is the procedural form of completion of the mediation procedure and some others.Particular attention is paid to the definition of a person who can be a mediator and his legal status in criminal proceedings. The positions of scientists who believe that mediators can be prosecutors, lawyers and psychologists are considered. The opinion was expressed regarding the acquisition of special education by such a person and the acquisition of relevant knowledge and skills.It is concluded that the punitive-repressive approach to counteracting the commission of crimes is not effective enough, so it is necessary to introduce mechanisms of alternative conflict resolution procedures, in particular, medi-ation. At the same time, implementation of mediation requires further scientific reflection and discussion, as well as the political will of the legislator to adopt the relevant law and amend the criminal procedure legislation.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

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