scholarly journals rights to enjoy benefit from social insurance of the femalelabor

2022 ◽  
Vol 6 ◽  
Author(s):  
Dao Mong Diep ◽  
Trinh Tuan Anh ◽  
Nguyen Dao Mai Khanh ◽  
Dao The Dong
Keyword(s):  
Security Policy ◽  
Social Insurance ◽  
Scientific Paper ◽  
Current Status ◽  
Practical Applications ◽  
Female Employee ◽  
Legal Provisions ◽  
Female Employees ◽  
The Law ◽  
The Right

Social insurance is the mainstay of the social security policy associated with employee. The right to have social insurance is the basic and specific right associated with female worker. This group right includes the right to enjoy  the sickness benefit, maternity benefit, Work Injury and Occupational Disease Benefit, Old-age Benefit, Survivor’s Benefit, Medical Benefit (Health Insurance). The state has promulgated the Labor Code, the Law on Social Insurance and other legal documents to create an implementation guide in oder to build an effective legal corridor to protect the rights of female employee tin enjoying social insurance. However in reality, the right to enjoy social insurance of female employee is violated, and there is a gap between legal provisions and practical applications. This scientific paper evaluates the current status of legal provisions on the right to enjoy social insurance of female employees and the practical application of the law. From there, this paper proposes some solutions to improve the law on the right to enjoy social insurance of female employees.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

ACCOUNTING AND REPORTING OF SOCIAL HOLIDAYS: NEW RULES FOR BUSINESS

2018 ◽  
Author(s):  
Kostiantyn Bezverkhyi ◽  
◽  
Oleksandr Yurchenko ◽  
Keyword(s):  
Social Insurance ◽  
Maternity Leave ◽  
Paid Leave ◽  
Pregnancy And Childbirth ◽  
Relevant Today ◽  
Labor Legislation ◽  
Unpaid Leave ◽  
Theoretical Generalization ◽  
The Law ◽  
The Right

Introduction. Modern Ukrainian legislation regulates the provision of various types of leave, which are not only a time of rest, but may have a special purpose for the employee. The Law of Ukraine «On Holidays» of 15.11.1996 № 504-96 (hereinafter - the Law № 504) indicates the annual basic paid leave, unpaid leave, social, educational and creative leave. At present, considerable attention is not paid to accounting for accrual, taxation and payment of social leave, in particular: maternity leave, childcare leave for children under 3 years of age, as well as social leave for employees with children under 15 years of age. One of the main tasks set before the accountant for payroll calculations - timely and accurate calculation of vacation pay, and the need - to make their recalculation in a timely manner, because it is the accountant's responsibility for the correctness of the calculations. Given this fact, the employer will not have to pay compensation to employees for incorrectly accrued and paid vacation pay. Instead, the employee has the right to know from which indicators he was calculated and paid leave, and in case of disagreement will be able to appeal their amount. The accountant is required to pay special attention when calculating social and other types of leave, because these payments, in addition to the employees of the enterprise, are interested in regulatory bodies for compliance with labor legislation (including the State Labor Service of Ukraine), tax authorities (in terms of income tax perosnals (hereinafter - PIT), military duty (hereinafter - MD) and a single contribution and compulsory state social insurance (hereinafter - CCS); recognition of vacation pay as part of income taxpayer expenses). Therefore, the issues of accounting for accrual, taxation and payment of social leave and related accruals are extremely relevant today. Purpose. The purpose of the study is to consider the accounting and reporting of social leave at the enterprise. Methods. The following methods were used during the study: theoretical generalization and grouping (to classify the types of social leave and set deadlines for their provision); formalization, analysis and synthesis (to substantiate the areas of disclosure of information on social leave in the accounts and in the reporting of enterprises); logical generalization of results (formulation of conclusions). Results. In the course of the research the author's approach to the reflection in the accounting and reporting of social leave to which employees of the enterprise are entitled was formed. Discussion. In further research, it is proposed to focus on the order of documentation and reflection in the accounts and in the reporting of such types of social leave as leave in connection with pregnancy and childbirth; childcare leave; additional social leave for children, etc. This will improve the methodology and organization of accounting for other payments at the enterprise.

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

scholarly journals DEMOCRATIZAÇÃO DO DIREITO À EDUCAÇÃO BÁSICA NO BRASIL: algumas ponderações

2021 ◽  
Vol 28 (1) ◽  
pp. 33
Author(s):  
Cristiane Machado ◽  
Edson Francisco de Andrade
Keyword(s):  
Basic Education ◽  
Compulsory Education ◽  
Human Right ◽  
Right To Education ◽  
Legal Provisions ◽  
The Law ◽  
Sociedad Civil ◽  
The Government ◽  
The Right ◽  
Education In Brazil

O presente artigo tem como objetivo analisar as injunções da legislação educacional no movimento de democratização do direito à educação no Brasil. À luz da literatura da área, concebe-se a democracia e a ação colaborativa como fundamentos basilares tanto à garantia de direitos aos cidadãos, quanto à efetivação de incumbências por parte do Poder Público. Aborda-se, inicialmente, o advento da educação básica como nova configuração organizativa das etapas e modalidades de ensino obrigatórias no país. Em seguida, analisa-se os dispositivos legais que modificam, especificamente, o Título III da Lei de Diretrizes e Bases da Educação Nacional – LDBEN, nº 9.394/1996, Do Direito à Educação e Do Dever de Educar. Os resultados do estudo reconhecem a expansão e diversificação da oferta da educação básica como construto favorável à garantia do direito à educação. Foi possível também inferir que a delimitação da obrigatoriedade e da gratuidade do ensino, ao período dos 04 aos 17 anos de idade, conforme consta na letra da lei, ao mesmo tempo em que estabelece o interstício ideal para a efetivação Do Direito à Educação, também oferece margem interpretativa para eventual flexibilização Do Dever de Educar por parte do Poder Público. Com efeito, a defesa da educação como direito humano fundamental, além de demandar o cumprimento da incumbência Estatal, constitui, sobremaneira, corresponsabilidade a ser protagonizada pela sociedade civil organizada.Palavras-chave: LDBEN/1996; Direito à educação; Dever de educar; Democratização do ensinoDEMOCRATIZATION OF THE RIGHT TO BASIC EDUCATION IN BRAZIL: some considerationsAbstractThis article aims to analyze the injunctions of educational legislation in the movement to democratize the right to education in Brazil. In the light of the literature in the area, democracy and collaborative action are conceived as basic foundations both in guaranteeing citizens' rights and in carrying out tasks on the part of the government. Initially, the advent of basic education is approached as a new organizational configuration of the stages and modalities of compulsory education in the country. Then, the legal provisions that specifically modify Title III of the Law of Directives and Bases of Education are analyzed National - LDBEN, nº 9.394 / 1996, From the Right to Education and the Duty to Educate. The results of the study recognize the expansion and diversification of the offer of basic education as a construct favorable to guaranteeing the right to education. It was also possible to infer that the delimitation of mandatory and free education, from 4 to 17 years of age, as stated in the letter of the law, while establishing the ideal interstice for the realization of the Right to Education, also it offers an interpretive margin for eventual flexibility of the Duty to Educate by the Public Power. Indeed, the defense of education as a fundamental human right, in addition to demanding compliance with the State's mandate, is, above all, co-responsibility to be played by organized civil society.Keywords: LDBEN / 1996; Right to education; Duty to educate; Democratization of educationDEMOCRATIZACIÓN DEL DERECHO A LA EDUCACIÓN BÁSICA EN BRASIL: algunas consideracionesResumen Este artículo tiene como objetivo analizar los mandatos de la legislación educativa en el movimiento para democratizar el derecho a la educación en Brasil. A la luz de la literatura en el área, la democracia y la acción colaborativa se conciben como pilares básicos tanto en la garantía de los derechos ciudadanos como en el desempeño de las tareas de gobierno. Inicialmente se aborda el advenimiento de la educación básica como una nueva configuración organizativa de las etapas y modalidades de la educación obligatoria en el país, luego se analizan las disposiciones legales que modifican específicamente el Título III de la Ley de Directrices y Bases de la Educación. Nacional - LDBEN, nº 9.394 / 1996, Del derecho a la educación y el deber de educar. Los resultados del estudio reconocen la expansión y diversificación de la oferta de educación básica como un constructo favorable para garantizar el derecho a la educación. También se pudo inferir que la delimitación de la educación obligatoria y gratuita, de los 4 a los 17 años, como se establece en la letra de la ley, al tiempo que se establece el intersticio ideal para la realización del Derecho a la Educación, también ofrece un margen interpretativo para una eventual flexibilización del Deber de Educar por parte del Poder Público. En efecto, la defensa de la educación como derecho humano fundamental, además de exigir el cumplimiento del mandato del Estado, es, ante todo, una corresponsabilidad de la sociedad civil organizada.Palabras clave: LDBEN / 1996; Derecho a la educación; Deber de educar; Democratización de la educación

scholarly journals Legal Consequences of the Prohibition on Widows’ Remarriage in Roman Law

2018 ◽  
Vol 18 (3) ◽  
pp. 151-177
Author(s):  
Piotr Niczyporuk ◽  
Piotr Kołodko
Keyword(s):  
Civil Law ◽  
Archaic Period ◽  
Roman Law ◽  
Classical Period ◽  
Legal Provisions ◽  
Religious Law ◽  
The Law ◽  
The Right ◽  
Legal Consequences

In the archaic period violations of the prohibition relating to mourning was regarded as a nefas and hence subject to penalisation under religious law. A widow guilty of an infringement was required to make an expiatory sacrifce known as a piaculum, viz. a bovis feta. This religious and customary practice underwent a series of transformations and eventually became a law (ius). In the pre-classical period the prohibition on the remarriage of widows in the period of mourning was perceived primarily as subject to penalties laid down by civil law. This was due to the question of the paternity of any offspring such a widow might bear in the tempus lugendi. The edictum perpetuum names the persons who were liable to infamy if they committed a breach of the prohibition on the remarriage of a widow within the period of mourning for her deceased husband. Such persons could neither engage in postulare pro aliis nor act as a procurator or cognitor. One of the consequences of a sentence of praetorian infamy was the convicted person’s forfeiture of the right to appoint his or her plenipotentiaries for legal proceedings.The classical period brought fundamental changes in the law on remarriage. Nonetheless, even though Augustus encouraged citizens to remarry, yet his legal provisions left widows a certain period of time following the loss of their husband in which they could refrain from remarrying. The reason behind this legal arrangement was not so much mourning as such; it was rather a question of Augustus wanting to show his respect for univirae (women who had been married only once). Augustus kept in force the provisions that gave a bad reputation to people who violated the prohibition of widows’ remarriage. The significance and effectiveness of these regulations made them a subject for jurists’ commentary, on account of the need to avoid situations where the paternity of children born to widows was uncertain. The prohibition on the remarriage of widows also shows that the creators of these regulations wanted marriage to be contracted primarily for the purpose of procreation, which would ensure the continuation of Roman families, especially as regards the perpetuation of their sacra, nomina, and pecunia.

3. Seeking a Divorce

Family Law ◽  
2018 ◽  
Author(s):  
Edwina Higgins ◽  
Kathryn Newton
Keyword(s):  
Divorce Rate ◽  
Legal Framework ◽  
The State ◽  
England And Wales ◽  
Divorce Law ◽  
Legal Provisions ◽  
Practical Reality ◽  
The Law ◽  
The Right ◽  
Substantive Law

This chapter considers the law and process for seeking a divorce in England and Wales. It examines the current legal framework and the gap between the ‘law in books’ and the practical reality. It looks at the current legal provisions, the criticisms that have been made of them, and whether there are any strengths to the current law. The discussion is placed in the context of divorce statistics in order to determine the link between the divorce law and the divorce rate, and whether this matters. In so doing, the chapter considers how much of a role the state should play in regulating divorce and the place of ‘fault’ in a modern divorce law. It also considers matters of process and procedure, and whether reform of process rather than substantive law is the right focus.

KEDUDUKAN HUKUM APARATUR SIPIL NEGARA DILINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA

2020 ◽  
Vol 17 (1) ◽  
pp. 21-30
Author(s):  
I Ketut Windia
Keyword(s):  
Legal Theory ◽  
Legal Protection ◽  
Scientific Paper ◽  
Police Investigation ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Right ◽  
Article 5 ◽  
Investigation Process

Informants as connecting the tongue intel or the intelligence is very helpful in the process of seeking information in-depth (indepth information). The informant of the scope is broad, the above information indicates that the informant is not only in the governmental environment but also in another. It is very necessary for every entity that needs information, have informants done to be able to as information correction, know the enemy's power and activities that it does or as a shield for an entity to be free from threats facing him. The formulation of the issues raised in this research is how Regulations governing the legal protection of informants who assist the police in the investigation process and what are the legal safeguards against the informants who assist the police in the investigation process.        This type of research is a normatof legal research moving from an informant required mobile in his job and is required to always standby in looking for news such as journalists only. Therefore, in the rules of intelligence the informant must be able to enter into, disguise as part of it. The risk is heavy. Dead or tortured by the parties investigated. This study uses an approach that examines the applicable legislation, legal theory, and can be the opinion of scholars related to the problems in this scientific paper is Legal Protection Against Informants Who Helped Police In Investigation. The conclusion of this research is the Regulation that regulate the legal protection of informants who assist the police in the investigation process is Law Number 13 Year 2006 concerning Protection of Witness and Victim namely Article 1 point 6 of the Law of Witness and Victim Protection is any effort to determine the right The right to provide assistance to provide a sense of security to witnesses and victims as well as informants that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions in accordance with the provisions of this law.Upaya legal protection of informants who assist the police in the process of investigation is now Has been issued Law no. Law No. 13 of 2006 concerning the protection of witnesses and victims, in the Law the forms of legal protection that can be given to witnesses or informants, among others by granting the right to the reporters provided for in Article 5 paragraph Keywords: Legal Protection, Informant, Police, Investigation

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE

2017 ◽  
Vol 11 (2) ◽  
pp. 13-27
Author(s):  
Carmen Adriana DOMOCOȘ
Keyword(s):  
Coercive Force ◽  
Civil Procedure ◽  
The State ◽  
The Other ◽  
Legal Provisions ◽  
Procedure Code ◽  
Other Hand ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.

Sign in / Sign up

Export Citation Format

Share Document