scholarly journals Obligatory Social Insurance Against Industrial Accidents and Professional Diseases as a Social Security Law Institution and a Form of Social Protection of Working Citizens

JURIST ◽  
2021 ◽  
Vol 2 ◽  
pp. 63-68
Author(s):  
Dmitriy A. Berezin ◽  
◽  
Zhanna A. Levandovskaya ◽  
Keyword(s):  
Social Security ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Social Protection ◽  
Labor Relations ◽  
Legal Regulation ◽  
Industrial Accidents

The article, in accordance with general and special legislative provisions, examines the legal regulation of compulsory social insurance against industrial accidents and occupational diseases of citizens who are in labor relations with an employer, as well as individual cases not recognized as insurance.

Legal principles of social insurance against an accident at work and an occupational disease

2020 ◽  
pp. 83-89
Author(s):  
Oleksii Soloviov
Keyword(s):  
Social Security ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Legal Regulation ◽  
Insurance Fund ◽  
Main Body ◽  
Social Insurance System ◽  
Legal Principles ◽  
Insurance System ◽  
The Law

Problem setting. To address practical issues related to the reform of the social insurance system for accidents at workand occupational diseases in Ukraine, it is necessary to explore doctrinal provisions relating to the principles of socialsecurity law, as well as to analyze certain principles of social insurance against accidents at work and occupational diseasesand propose changes to the legislation to formulate certain principles. Target of research. The purpose of this article is to analyze the legal principles of social insurance against accidentsat work and occupational diseases and to develop changes to the legislation in terms of formulating certain principles ofthis institution.Analysis of recent researches and publications. Issues of principles of law in domestic legal science were consideredin scientific works on the general theory of law of such scientists as Yu. P. Bytyak, A. M. Kolodii, S. P. Porebnyak,P. M. Rabinovych, Yu. M. Todyka, M. V. Сvik and many others. Some aspects of the principles of social security law areconsidered in the scientific works of V. M. Andreev, B. I. Stashkiv, B. S. Stychinsky, S. M. Sivak, N. M. Stakhovskaya,S. M. Prilipko. The dissertation researches of T. Z. Garasimov “Principles of the law of social security”, and alsoO. V. Moskalenko “Principles of social insurance in modern conditions of management” deserves special attention. However,a comprehensive study of the principles of social insurance against accidents at work and occupational diseases hasnot been conducted. Article’s main body. The article is devoted to the study of the principles of legal regulation of compulsory statesocial insurance against accidents at work and occupational diseases. The notion of the principles of law is analyzed, inparticular, it is noted that the principles of law are the basic, guiding positions, ideas that express the essence of law as aspecific social regulator. It is emphasized that legal principles are divided into the inherent law as a whole (common law),its individual branches (sectoral) or a group of related industries (intersectoral), as well as the principles of individualinstitutions. The paper analyzes in detail some of the principles specified in Article 3 of the Law of Ukraine “On CompulsoryState Social Insurance”: the principle of legislative definition of the conditions and procedure for social insurance; compulsoryinsurance of persons in accordance with the types of social insurance and the possibility of voluntary insurancein cases provided by law; providing state guarantees for the realization of their rights by insured persons; formation anduse of insurance funds on the basis of solidarity and subsidies, etc. Conclusions and prospects for the development. Based on the analysis of the principles of social insurance againstaccidents at work and occupational diseases enshrined in the legislation, it is proposed to supplement this list with theprinciple of self-government, which stipulates that all members of the insurance system, ie insured and insurers, areequally responsible for insurance fund management.

scholarly journals Migrants’ Access to Social Protection in Latvia

2020 ◽  
pp. 257-270
Author(s):  
Anhelita Kamenska ◽  
Jekaterina Tumule
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Labour Force ◽  
Labour Force Participation ◽  
Flat Rate ◽  
Family Benefits ◽  
And Migration ◽  
Social Security Benefits ◽  
Permanent Residents

Abstract This chapter discusses the link between migration and welfare in Latvia. In general, the Latvian social security system may be described as a mixture of elements taken from the basic security (where eligibility is based on contributions or residency, and flat-rate benefits are provided) and corporatist (with eligibility based on labour force participation and earnings-related benefits) models. The country has experienced significant social policy and migration-related changed during the past decades. This chapter focuses on the current Latvian legislation, by closely examining the differential access to social protection benefits of resident nationals, foreigners living in Latvia and Latvian citizens residing abroad across five core policy areas: unemployment, health care, pensions, family benefits and social assistance. Our results show that the Latvian social security benefits are generally based on the principle of employment, social insurance contributions, and permanent residence. Most of the social benefits and services are available to socially insured permanent residents. At the same time, the state offers minimum protection to non-insured permanent residents. Foreigners with temporary residence permits who are not socially insured are the least socially protected group.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

Modernization of Social Security System Legal Regulation in Kazakhstan: Experience and Standards of the OECD Members Implementation

2018 ◽  
Vol 8 (8) ◽  
pp. 2498
Author(s):  
Gulzhan N. MUKHAMADIYEVA ◽  
Gulyiya MUKALDYEVA ◽  
Zhanar T. KARASHEVA ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Social Policy ◽  
Social Security ◽  
Doctoral Students ◽  
Social Protection ◽  
Oecd Countries ◽  
Legal Regulation ◽  
Social Risks ◽  
Wide Range ◽  
Protection Systems ◽  
Social Protection Systems

The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the Russian Federation

2020 ◽  
pp. 247-261
Author(s):  
Daria Popova
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Social Assistance ◽  
Legal Framework ◽  
Social Benefits ◽  
The Social ◽  
Care Family ◽  
Family Benefits ◽  
Social Security Benefits

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.

scholarly journals ESSENCE OF SOCIAL INSURANCE, ITS ROLE AND PLACE IN THE SYSTEM OF SOCIAL PROTECTION OF THE POPULATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  
Keyword(s):  
Public Relations ◽  
Social Insurance ◽  
Social Protection ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Vulnerable Groups ◽  
The Social ◽  
The Creation ◽  
The Individual

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.

Risks of Entrepreneurial Activity and Their Impact on the Development of Labor Relations

2020 ◽  
pp. 78-82
Author(s):  
M. V. Rybkina
Keyword(s):  
Social Protection ◽  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Entrepreneurial Activity ◽  
Economic Crises ◽  
Employment Contracts

The article analyzes the concept of “risk” as an economic, social and legal category. The author defines the legal boundaries of this concept from the point of view of entrepreneurial activity and reveals their features. Legal instruments are also considered that allow entrepreneurs, in the conditions of economic crises, to pay special attention to the risks associated with the conclusion of employment contracts with employees. At the same time, a conclusion is drawn on the need to improve the system of internal local legal regulation, forecasting situations in which the risk of absenteeism due to objective circumstances can lead to significant losses. The boundaries of employee social protection and protection are determined by various means that are available to the employer, in particular legal, economic and organizational.

Official clarifications of labor protection specialists

2021 ◽  
pp. 17-21
Keyword(s):  
Occupational Diseases ◽  
Social Insurance ◽  
Preventive Measures ◽  
Labor Relations ◽  
Insurance Fund ◽  
Labor Protection ◽  
Occupational Risks ◽  
Social Insurance Fund ◽  
The Social

Explanations of labor protection specialists on labor relations, as well as those related to the occurrence of occupational risks are presented. The specialists of the Fund tell how the expenses for the prevention of injuries and occupational diseases can be compensated for, what preventive measures can be spent on the funds of the Social Insurance Fund (hereinafter referred to as the FSS RF, the Fund).

scholarly journals THE INFLUENCE OF THE COVID-19 CORONAVIRUS PANDEMIC ON THE LEGAL REGULATION OF LABOR RELATIONS IN UKRAINE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Nataliia V. Maksymenko ◽  
◽  
Oleksandr A. Troianskyi ◽  
Keyword(s):  
Social Protection ◽  
Labor Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
Full Time ◽  
Part Time ◽  
General Scientific ◽  
Legislative Changes ◽  
Main Thing ◽  
The Impact

Features of regulation of labor relations under the influence of measures aimed at preventing the occurrence and spread of coronavirus disease (COVID-19) are revealed. It was emphasized that the problem of regulation of labor relations during quarantine restrictions became especially acute, as it was necessary to amend the legislation in order to reduce the negative impact of the spread of coronavirus COVID-19. A set of both general and special methods of scientific cognition was used to study the problem. The main thing in this system is the general scientific dialectical method, which was used to clarify the new content of the responsibilities of the employer during the pandemic COVID-19, identify the main changes in Ukrainian legislation. Using the formal-logical method, the consequences of quarantine restrictions in the field of employment and ways to overcome them are revealed. On this methodological basis, the collection, processing and analysis of empirical material were carried out. General scientific methods are also used, such as: comparison, generalization, induction, deduction and analysis. In addition, system-structural analysis is used in the analysis of current legislation. Legislative changes are analyzed in order to reduce the negative impact of coronavirus spread. Attention is paid to the consequences of the introduction of quarantine restrictions, which affected the level of economic development of the country, social protection and employment. The economic level of Ukraine is analyzed taking into account the impact of quarantine shock, as a result of which the decline in Ukraine�s gross domestic product in 2020 was highlighted. As a result, there was a sharp reduction in jobs and loss of livelihoods of the working population. The causal links that led to a decline in employment, job cuts and rising unemployment have been identified. The main reasons for the reduction of employees in enterprises due to the difficult economic situation - the loss of a significant part of profits, reducing the number of employees to keep the company, forced sending of workers on unpaid leave, transfer to part-time work. Emphasis is placed on such a phenomenon as hidden unemployment, which is not included in official statistics. This happens when some employers send employees on unpaid long-term leave for the duration of quarantine, others transfer employees from full-time to part-time employment. Forms of hidden unemployment are highlighted. Attention is paid to the impact of quarantine restrictions imposed to prevent the spread of coronavirus disease (COVID-19) on labor migration processes and the trend of behavior of Ukrainian workers. The main reasons for the decline in migration processes, including the closure of borders for entry and exit of foreigners by most European countries, the temporary suspension of enterprises and job losses during the quarantine period, etc. are highlighted. The ways of the decision of the raised questions are offered.

scholarly journals Financing social protection in Ukraine on the basis of EU best practices

2021 ◽  
Vol 11/2 (-) ◽  
pp. 23-28
Author(s):  
Liubov PETYK ◽  
Marta KORZH
Keyword(s):  
European Union ◽  
Social Security ◽  
Social Services ◽  
Social Insurance ◽  
Social Protection ◽  
Modern World ◽  
The European Union ◽  
Effective Response ◽  
Existing Problems ◽  
Conceptual Foundations

The paper analyzes the main aspects of the organization and support of territorial communities in the field of social security of the population of Ukraine. The main directions of development of the process of providing social services are outlined. The main instruments of budget financing of social protection and social security of the population of Ukraine are determined and the effects that affect the volume of expenditures of the State and Consolidated budgets on the social sphere are investigated. The existing problems in the field of social security are studied and the need to harmonize social standards with the standards of the European Union is emphasized. The thesis is put forward on the need to implement a number of measures for Ukraine's timely response to the sharp increase in socio-economic needs in the global crisis. Emphasis is placed on the problems and prospects for the development of social security in the decentralization process. The range of problems for the effective response of social policy to rapid changes in the development of the modern world economy is outlined. The necessity of the analysis of the EU experience in the field of social security and the need to adapt the best European practices in order to comply with the Western European models of social protection and / or social insurance is substantiated. The need to apply the tools of theoretical and methodological analysis of the conceptual foundations of sustainable development of social security to specific circumstances and realities in Ukraine. The study focuses on the relevance of strategic and operational objectives of the new Law of Ukraine "On Social Services" and the need for further harmonization of existing legislation with the basic standards of the Council of Europe and the European Union.

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