scholarly journals Świadczenia dla działaczy opozycji antykomunistycznej i osób represjonowanych z powodów politycznych

2021 ◽  
Vol 43 (3) ◽  
pp. 129-140
Author(s):  
Karolina Stopka

The purpose of the study is to present the benefits for anti-communist opposition activists and persons repressed because of anti-communist activity normalized in the Act of 20 March 2015 on anti-communist opposition activists and persons repressed for political reasons. The regulation is a relatively new manifestation of the state’s historical and social policy in the field of social security of citizens fighting for the sovereignty and independence of the homeland, not discussed in much detail in the literature. As part of the introductory remarks, the paper points out the place of benefits for “oppositionists” in the social security system, their constitutional conditions, as well as the motives and goals that guided the legislator while passing the law. In the further part of the study, the subject and object scope of these benefits were indicated, particularly the criteria based on which notions of anti-communist opposition activist and person repressed for political reasons were defined. It was stressed that some manifestations of “opposition” activity are at the same time elements defining other categories of persons involved in the fight for sovereignty and independence of the homeland and that personal injury (its concrete form), as a rule, is not a constructional element of these concepts. Due to the limited scope of the study, only the legal regulation of financial benefits for “oppositionists” was analyzed in more detail. The description takes into account changes in the legal regulation of their catalog and the conditions of their use. The article assesses the adequacy of the adopted legal solutions to the assumed objectives of the benefits and comments formulated in the analysis of the concept of anti-communist opposition activist and person repressed for political reasons. The analysis leads to the conclusion that in the current legal state, the benefits for “oppositionists” are an expression of the legislator’s aspiration to exclude them from the group of social assistance recipients and to guarantee them support taking into account their merits for Poland. This support is a form of specific — “tailored to meet the needs of social security and the financial capabilities of the state” — partial compensation of damages, including those caused by the opposition, as well as non-material damage, even though its specific forms do not directly determine the subjective and objective prerequisites for determining the right to benefits. However, the omission of the family members of a deceased “oppositionist” from the group of entities entitled to benefits was regarded as dubious.

2021 ◽  
Vol 1 (1) ◽  
pp. 9-30
Author(s):  
Adriane Aparecida de Souza Mahl Mangaroti ◽  
Lúcimar dos Santos Alves ◽  
Davino Aquila Florentino ◽  
Rosemeri Theresinha

A pesquisa teve como objetivo estudar algumas estratégias específicas de aprendizagem do aluno com paralisia cerebral, com destaque no papel da escola, professor e relação família escola. Foi desenvolvida através de pesquisa bibliográfica mediante leituras, análise e fichamento de livros, periódicos, banco de dados relacionados ao assunto em questão. Verificou-se que os agentes sociais são de suma importância na vida do educando tanto na formação intelectual quanto social. Ressalta-se que, na educação do aluno com PC, não se pode perder de vista a necessidade de garantir o desenvolvimento máximo de suas capacidades, para que ele possa alcançar boa relação com seus pares, bem como o máximo aproveitamento de seu tempo de lazer, de estudo, de forma adaptada e feliz. A criança com PC, como todas as crianças, tem o direito de ter independência, integração e vida social. Sabendo das dificuldades existentes em torno da aprendizagem da pessoa com PC, é importante que o professor esteja apto a buscar a ajuda adequada, zelando pelas particularidades de cada aluno.   This research aimed to study some specific learning strategies for students with cerebral palsy, with emphasis on the role of the school, the teacher, and the family-school relationship. It was developed through bibliographic research by reading, analyzing, and annotating books, periodicals, and databases related to the subject in question. It was verified that the social agents are of utmost importance in the life of the student both in the intellectual and social formation. It is noteworthy that, in the education of students with CP, one cannot lose sight of the need to ensure the maximum development of their capabilities, so that they can achieve a good relationship with their peers, as well as the maximum use of their leisure time and study time, in an adapted and happy way. The child with CP, like all children, has the right to independence, integration, and a social life. Knowing the difficulties surrounding the learning of a person with CP, it is important that the teacher be able to seek appropriate help, taking care of each student's particularities.


The correlation of social security law and environmental law with regard to the subject and method of regulation is investigated. It can be traced in the implementation of human rights to a decent life and free development guaranteed by Art. 7 of the Constitution of the Russian Federation. It was revealed that one of the common elements in the subject of legal regulation of the considered branches of law is protection of the health of citizens. Among the measures of protection of human health is the elimination of the harmful effects of environmental factors. The social security law regulates public relations to preserve the health of citizens in terms of providing them with free medical care, and the environmental law protects human health by maintaining a favorable environment. In the social security law, an imperative method of legal regulation is used due to the specifics of the legal status of the subjects (the absence of equality and subordination between them). In environmental law, both the imperative and the dispositive methods of legal regulation are used. The authors emphasize that the need for interaction between the considered branches of law becomes especially relevant when implementing state policy in the field of protecting the health of citizens in order to bridge the gap between the health indicators of the population of Russia and economically developed countries. In strategic plans, the task of enhancing the role of human capital as the main factor in economic development is brought to the forefront. To achieve this goal, it is necessary to improve the living conditions of Russian citizens and maintain a favorable environment. At the same time, the authors draw attention to a number of problems that complicate the preservation of the health of citizens in the Russian Federation, and offer some social protection measures in order to mitigate the negative effects on the health of citizens if they live in ecologically unfavorable territories.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 699-706
Author(s):  
Alina Wypych-Żywicka

Family pension entitlement applies to children up to the age of 25. If the subject has reached this age in the last year of studies in a higher school, family pension entitlement extends until the end of studies. The problem is the interpretation of the phrase ‘in the last year of studies in a higher school’. It is unknown whether its meaning is limited only to the higher education (up to master’s degree) or whether it covers all forms of studies conducted by a higher school. Extending the meaning of this phrase shall cause the category of children entitled to the family pension to enlarge significantly, because entitled shall be those children who are students as well as those who take up postgraduate or doctoral studies. Such an interpretation seems to go too far. The conditions for acquiring the right to a family emolument after the deceased performing the profession of the judge also need to be specified.


2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.


Author(s):  
Kostia Digdaha ◽  
Rizal Syarief ◽  
MH Bintoro Djoefrie

In the process of eradicating poverty, Bank Muamalat with the collaboration with the Baitul Maal Muamalat (BMM), has undertaken the Mosque Based Micro Muamalat Community Program (KUM3). The problem identified in the program is that many members of KUM3 cannot make a capital return at the right time, causing them to fail in re-threading the capital. This study aims to determine the factors that affect the KUM3 member’s capital returns. Investigations carried out in four districts in Bogor City namely the Community of Loji, Pamoyanan, Pasar Anyar and Situ Gede. Eight factors that might affect the business capital was studied i.e. the value of social capital, the theory, the economy, the religion, marketing, finance, management and technical. The method used in analysing the data is the multiple logistic model . The analysis obtained a good results  in the social value, theoretical value, the economy, the religion, marketing, finance, management , and technical for the  KUM3 participants in Bogor City.  The most influential factor in the return of capital is the social value. Two factors were studied in this value i.e. family factor and community factor. It  has a tendency to break on time 6.46 times faster with the value of the regression coefficient  1.946 and value of -p 0.010 (<0.05) compared to the social disadvantage significance level of 5% . The good social value has a tendency to break even at 7,000 times compared to the less good social value. Based on the comparison between the family factor and the community factor, both have an impact on the capital returns


2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>


Author(s):  
Rinat Mikhailovich Karimov

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges.&nbsp;


2020 ◽  
Vol 8 (1) ◽  
pp. 316-326
Author(s):  
Ambar Sulianti ◽  
Jamilah Laela Apriyani ◽  
Dadang Sahroni ◽  
Wida Adila ◽  
Yiyin Karlina ◽  
...  

Motivation/Background: The formation of a lesbian mindset does not happen immediately. This study aims to explore the process of family roles experienced by research subjects who have a lesbian sexual orientation even though it is not accordance with their religion. Method: The research method used was a qualitative research of phenomenology in two subjects who had lived lesbian sexual orientation for more than 2 years with different backgrounds. Interpretative Phenomenological Analysis was conducted to analyze the role of the family as a model, how the subject perceives the stimulus, direct or indirect environmental contributions, and how close family experiences form a lesbian mindset about the subject. Results: The results of this study indicate the subject "I" had a model of his father's behavior and reinforces the general perception of his mother that men had bad behavior. The social Environment made the subject felt ostracized and entered the domain of the lesbian community who can accept the subject with the circumstances as she was without much demand. A female friend in this environment became modes and informants experienced being lesbian. Meanwhile, "R" was growing psychologically with a style of parenting that is too spoiled by her mother and got a model and informants experienced from her older sister. Conclusions: Both subjects get different experiences in the process of forming a lesbian mindset. From a neurocognitive social perspective, the formation of a lesbian mindset is very complex. Neurocognitive response of the experience of getting too many rough touches or too long getting a hug of comfort, both can trigger perceptions that supported by the environment will form a lesbian mindset.


2020 ◽  
Vol 20 (1) ◽  
pp. 57
Author(s):  
Agustin Hanafi ◽  
Mohamad Hedhayatullah Bin Mohamad

Nafkah merupakan salah satu daripada hak isteri yang perlu ditunaikan. Hukum ini telah termaktub di dalam Al-Quran dan sebagaimana yang diketahui oleh semua muslim, salah satu kewajiban seorang suami itu adalah menyediakan nafkah buat isterinya baik dalam  tempoh  perkawinan  maupun  pasca perceraian.  Namun,  mutakhir  ini,  banyak kasus yang melibatkan perilaku suami yang mengabaikan nafkah isteri pasca perceraian. Bahagian Sokongan Keluarga (BSK) merupakan pihak berwenang yang mampu mengatasi dengan sebaik mungkin segala permasalahan berkaitan dengan pemberian nafkah. BSK memberi peluang kepada mantan isteri untuk membuat tuntutan nafkah jika suami gagal atau enggan membayar nafkah sekaligus mengembalikan hak isteri. Pertanyaan yang diajukan dalam permasalahan ini adalah bagaimana peran BSK dalam menjamin terpenuhinya  nafkah isteri pasca perceraian dan bagaimana efektifitasnya (BSK) terhadap masalah penegakan nafkah isteri pasca perceraian. Penelitian ini bertujuan untuk mengetahui tentang peran (BSK) dalam masalah pemenuhan nafkah isteri pasca perceraian. Penelitian dalam skripsi ini adalah yuridis empiris yaitu kajian lapangan (field research) dan yuridis normatif yaitu kajian kepustakaan (library research). Adapun Metode pengumpulan data yang digunakan penulis dalam skripsi ini adalah observasi, wawancara dan telaah dokumentasi. Hasil penelitian yang diperoleh, bahwa peran BSK dalam masalah pemenuhan nafkah isteri pasca perceraian berjalan secara efektif karena BSK memantau dan menangani masalah ketidakpatuhan mantan suami terhadap perintah nafkah Mahkamah Syariah melalui pembentukan Unit Khidmat Nasehat dan Perundangan, Unit Penguatkuasaan dan Pelaksanaan Perintah dan Unit Pengurusan Dana. Keberadaan BSK telah menjadi tempat rujukan dan   memberikan bantuan kepada mantan isteri. Berdasarkan hal tersebut, dapat difahami bahwa pokok permasalahan dalam penyelesaian masalah pengabaian nafkah apabila mantan suami memahami  hal  berkaitan  agama  Islam  serta  mengetahui  hak  dan  tanggung  jawab terhadap isteri pasca perceraian.Kata Kunci: Bahagian Sokongan Keluarga (BSK) dan Nafkah Isteri Pasca Penceraian Living in one of the rights of wives that need to be shown. This law has been contained in the Koran and as it is known by all Muslims, one of the obligations of a husband is to provide a living for his wife both in the period of marriage or post-divorce. However, these cutting-edge, many cases involve the behavior of husbands who neglect the living wives post-divorce. The Family Support Division (BSK) is the authority who can cope with the best possible problems relating to the provision of the living. BSK allows the former wife to make a living claim if the husband fails or refuses to pay the living while returning the right of the wife. The question posed in this issue was the role of BSK in guaranteeing the fulfillment of the postpartum wife and how effectiveness (BSK) has been to the problem of establishing a divorce post. The study aims to find out about the role (BSK) in the issue of fulfilling wives after divorce. The research in this thesis was empirical, i.e. field research and normative juridical (library research) study. The methods of data collection used by the authors in this thesis are observations, interviews and documentation study. The results of the research obtained, that the role of BSK in the problem of fulfillment of wives post-divorce runs effectively because BSK monitors and addresses the problem of non-compliance of ex-husband against the order of Sharia court The establishment of the Advisory and Legal Unit, enforcement Unit and the execution of the Order and fund Management unit. The existence of BSK has been a referral place and provides relief to the former wife. Based on this, it can be understood that the subject matter in solving the issue of living if the former husband understands the matter related to Islam and knows the rights and responsibilities of the post-divorce wife.


Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva

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.


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