scholarly journals Problematyka imperium Państwowej Inspekcji Pracy na przykładzie wystąpienia inspektora pracy

2021 ◽  
pp. 125-144
Author(s):  
Michał Sobol
Keyword(s):  
The State ◽  
Labour Law ◽  
Specific Measure ◽  
The Subject ◽  
The Individual ◽  
Employment Rights ◽  
And Control ◽  
The Impact ◽  
Legal Consequences ◽  
Legal Measure

The labour inspector’s statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer’s failure to comply with the content of the labour inspector’s speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector’s speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector’s speech. As a result, allowing this measure to be left to the inspector’s discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers’ rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of “re-inspection” of the employer. The existence of a non-authoritative “recommendation”, which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals China's Rural Migrant Workers, the State, and Labor Politics

2017 ◽  
Author(s):  
Jenny Chan ◽  
Mark Selden
Keyword(s):  
Migrant Workers ◽  
The State ◽  
Labor Politics ◽  
Rural Migrant ◽  
Industrial Labor ◽  
Class Power ◽  
The Individual ◽  
New Generation ◽  
The Impact ◽  
Rural Migrant Workers

The proletarianization of rural migrants is distinctive to contemporary China's development model, in which the state has fostered the growth of a “semi-proletariat” numbering more than 200 million to fuel labor-intensive industries and urbanization. Drawing on fieldwork in Guangdong and Sichuan provinces between 2010 and 2014, supplemented with scholarly studies and government surveys, the authors analyze the precarity and the individual and collective struggles of a new generation of rural migrant workers. They present an analysis of high and growing levels of labor conflict at a time when the previous domination of state enterprises has given way to the predominance of migrant workers as the core of an expanding industrial labor force. In particular, the authors assess the significance of the growing number of legal and extra-legal actions taken by workers within a framework that highlights the deep contradictions among labor, capital, and the Chinese state. They also discuss the impact of demographic changes and geographic shifts of population and production on the growth of working-class power in the workplace and the marketplace.

scholarly journals LEGAL BASIS OF INTERACTION OF BODIES AND DIVISIONS OF THE NATIONAL POLICE WITH LOCAL SELF GOVERNMENT BODIES IN THE FIELD OF PUBLIC SAFETY AND ORDER

2021 ◽  
Vol 1 (1) ◽  
pp. 80-94
Author(s):  
Sergiy Vitvitskyi ◽  
◽  
Andriу Zakharchenko ◽  
Keyword(s):  
Local Governments ◽  
Public Safety ◽  
The State ◽  
Legal Basis ◽  
The Subject ◽  
Mass Actions ◽  
Traffic Organization ◽  
National Police ◽  
And Control ◽  
Coordination And Control

The article analyzes the state of legislation as for provisions on the interaction of bodies and units of the National Police with local self governments in the field of public safety and order. The main directions of improving the legal basis of interaction of these bodies in this area are substantiated. One of the factors influencing the state of public safety and order in settlements is the degree of interaction of bodies and subdivisions of the National Police with local self-government bodies representing the respective territorial communities. According to the results of the study, the following areas of improvement of the legal basis for the interaction of bodies and units of the National Police with local self governments in the field of public safety and order were proposed: 1) standardization of the terms of cooperation of the specified bodies concerning maintenance of public safety and order in connection with the organization and carrying out of peaceful meetings and other mass actions; 2) consolidation of the recommended order of interaction between these bodies during the development and implementation of program documents on public safety and order; 3) determining the procedure for coordination by local self governments and the National Police in the field of coordination and control over the activities of public formations with regard of protection of public order and the state border; 4) legislative consolidation of the possibility of concluding agreements on interaction and coordination of activities by territorial police bodies and local self-government bodies; 5) determining the procedures for approval by territorial bodies (subdivisions) of the National Police of decisions of local self-government bodies on the issues of traffic organization and functioning of public transport. Separate elaboration requires regulatory regulation of relations arising in connection with the conduct of joint raids by representatives of local governments and the National Police and inspections of compliance with legislation in the field of landscaping, trade rules, etc. The search for optimal solutions to this problem should be the subject of further research.

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.

scholarly journals Methods of Ukrainian labor migrants reintegration in the context of state migration policy

2019 ◽  
pp. 14-17
Author(s):  
Liubomyr ROMAN
Keyword(s):  
Sustainable Development ◽  
National Economy ◽  
Migrant Workers ◽  
State Policy ◽  
Labor Migration ◽  
Migration Policy ◽  
The State ◽  
Labor Migrants ◽  
The Individual ◽  
The Impact

Introduction. The reintegration of migrant workers is the renewal and accelerated development of ties between the individual and the society, the economic and cultural systems, the restoration of the impact of the individual on socio-economic, socio-cultural and political processes and phenomena, increasing participation in the processes of sustainable development on the basis of introducing elements of economic culture countries of pre-migration. The methodological bases for improving the mechanisms of reintegration of labor migrants should be assessed on the basis of available political and legal support. The problem of labor migration has now taken on a national scale, which brings it out of the limits of the influence of any organization, cluster or individual state authority. The formulation of a strategy for regulating labor migration should be made on the basis of the status of this problem as a national one, therefore, requiring macroeconomic regulation, which will be supported by a strong institutional and regulatory framework. The purpose of the paper is to substantiate the method of reintegration of Ukrainian labor migrants in the context of state migration policy. Results. Theoretical aspects of reintegration of labor migrants are covered. The content analysis of the legal acts of the President of Ukraine is carried out. A number of significant legal acts that have or can have a significant impact on state migration policy are characterized. The peculiarities of the functioning of the central executive body, which implements the state policy in the sphere of migration, and the recent changes in determining the range of subjects of formation and implementation of the state policy in the sphere of labor migration are analyzed. The importance of regulating the issue of investments earned during the emigration of funds into the national economy is substantiated. Conclusion. According to the conducted research, the method of reintegration of Ukrainian labor migrants in the context of the state migration policy is formed under the influence of debates about the factors, directions and forms of support of the respective processes by the state authorities. We believe that the main disadvantage of reintegration institutional support is the lack of a unified approach to the role and importance of repatriates for the sustainable development of the national economy. In our opinion, this approach should be consolidated in the form of the Law of Ukraine with a clear definition of the subjects of assistance to repatriation and reintegration of labor migrants, as well as to strengthen with additional measures of informational, organizational character, tax privileges for investing the money earned abroad for search, development of employers of skilled migrant workers returning to Ukraine.

scholarly journals XXV.—On the Influence of Weather upon Disease and Mortality

1863 ◽  
Vol 23 (2) ◽  
pp. 299-348 ◽  
Author(s):  
R. E. Scoresby-Jackson
Keyword(s):  
External Force ◽  
The State ◽  
Medical Sciences ◽  
A Value ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
To Receive

The subject to which I have to invite the attention of the Society this evening is one of no modern origin, the name of Hippocrates, amongst others of the fathers of medicine, being commonly associated with it. There is, indeed, perhaps no branch of medical inquiry whose history dips more deeply into the obscure pages of antiquity. The influence of weather upon disease and mortality has been acknowledged as a potent external force in every age, from that eminently speculative and credulous period when physicians professed to receive their diagnostic as well as their therapeutic inspirations from the stars, down to our own day. And yet there is perhaps no question in the whole cycle of medical sciences which has made slower progress than the one we have now to consider. People believe that the weather affects them. They speak of its influence, sometimes commendingly, more frequently with censure, on the most trivial occasions; but beyond a few commonplace ideas, the result of careless observation, or perhaps acquired only traditionally, they seldom seek a closer acquaintance with the subject. Our language teems with medico-meteorological apophthegms, but they are notoriously vague. The words which are most commonly employed to signify the state of the weather at any given time, possess a value relative only to the sensations of the individual uttering them. The general and convertible terms—bitter, raw, cold, severe, bleak, inclement, or fine and bracing, convey no definite idea of the condition of the weather; nay, it is quite possible that we may hear these several expressions used by different persons with reference to the weather of one and the same place and point of time. In order, then, to render medico-meteorological researches more trustworthy, we must be careful to employ, in the expression of facts, such symbols only as have a corresponding value in every nation.

Researching Telework

2000 ◽  
pp. 255-276 ◽  
Author(s):  
Nicole B. Ellison
Keyword(s):  
Organizational Culture ◽  
State Of The Art ◽  
The State ◽  
Future Research ◽  
Scholarly Literature ◽  
Home Based ◽  
The Family ◽  
The Individual ◽  
The Impact

This chapter examines the state of the art in telework research. The author reviews the most central scholarly literature examining the phenomenon of telework (also called home-based work or telecommuting) and develops a framework for organizing this body of work. She organizes previous research on telework into six major thematic concerns relating to the definition, measurement, and scope of telework; management of teleworkers; travel-related impacts of telework; organizational culture and employee isolation; boundaries between “home” and “work” and the impact of telework on the individual and the family. Areas for future research are suggested.

Drought relief schemes for the 'Pastoral Zone'.

1982 ◽  
Vol 4 (2) ◽  
pp. 67 ◽  
Author(s):  
IB Robinson
Keyword(s):  
Land Tenure ◽  
Management Strategies ◽  
Government Policies ◽  
Primary Industry ◽  
The Subject ◽  
Consensus View ◽  
Spatial Diversification ◽  
The Individual ◽  
The Impact

In this article I have attempted to firstly provide a consensus view of graziers to sound drought strategies; secondly, outline Government policies or action directed towards assisting graziers affected by drought; and finally, address the subject of drought policy as it relates to conservation of the rangeland resource. Drought strategies discussed include pre-drought (e.g. fodder reserves, conservative stocking), longer term (e.g. increasing property size, spatial diversification of grazing blocks) and in-drought (e.g. reduce stock numbers early in drought). Grounds for Government intervention and aid for drought affected producers are analysed with regard to both the individual farmer's needs and the impact nationally of low return from a drought-affected primary industry. Aspects discussed include provision of better infrastructure (e.g, new roads), taxation concessions, a National Drought Fodder Reserve, land tenure policy, the Rural Adjust- ment Scheme and credit and freight concessions. From the conservation viewpoint, it is pointed out that officially declared 'droughts' occur too frequently and there are no incentives for graziers to either act early before a drought becomes firmly established or to delay re-stocking after the drought has broken. It is concluded that a balance between in-drought assistance and long term assistance needs to be struck, and that drought policies should be directed towards 'good' management strategies. If this can be achieved then primary producers should be less dependent on relief schemes.

Formation of the Economic Model and the Impact of Economic Factors on the Health of Russian Population

2018 ◽  
Vol 8 (8) ◽  
pp. 2557
Author(s):  
Tamara G. ROMANOVA ◽  
Valentina D. BATOMUNKUEVA ◽  
Tatiana K. GYRGENOVA ◽  
Nataliya V. MONGOLOVA ◽  
Roman Zh. TSYDYPOV
Keyword(s):  
Federal District ◽  
The State ◽  
Economic Losses ◽  
Economic Factors ◽  
Main Task ◽  
Public Benefit ◽  
Level Model ◽  
The Individual ◽  
The Impact

The article is about the influence of economic factors on the health quality of the population as a public benefit. Health of the individual has an important role in national economy, both in processes of formation of public health, and in reproduction of quality of a manpower. The review of the indicators of evaluation test of health of the population applied in the Russian practice is given in article. Health of the population and economy of the state have close interrelation and interdependence: not only the economy influences health of the population, but also health of the population affects the economy of the state. The technique allowing to assess economic damages from loss of health on the basis of which economic losses from mortality of the population at working-age in Siberian Federal District are estimated is presented. The economic three-level model of health upgrading of the population allows to reveal paths of health upgrading for improvement of economy in the country is developed. The three-level model reflects preventive character with obligatory selection of the measures accompanying achievement of the main task – to upgrade the population health as the public benefit and to increase the level of economy.

«Quanta» Language Consciousness and Problems in the Functioning of the Communicative Norms

2019 ◽  
Vol 8 (1) ◽  
pp. 26-30
Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  
Keyword(s):  
Cognitive Abilities ◽  
Point Of View ◽  
Cultural Phenomenon ◽  
Globalizing World ◽  
The World ◽  
The Subject ◽  
The Individual ◽  
The Impact ◽  
The Relationship

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.

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