Damages for Personal Injuries – in Labour and Service Law

Abstract The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship will be analysed in public area, in private area the legal regulation of health injuries in labour law. The aim of the contribution will be a critical analysis of the current state of legal regulation and the proposal de lege ferenda (approximation with labour law). The addressed question is of a fundamental importance for the area of public finances, the functioning of the public area and the enforcement of the rule of law. The historical-comparative method will be used. Particular attention will be paid to the transfer of damages for personal injury to the heir – while in service relationship, such claims terminate (not transferred to the heir), which was taken from the 1960s legislation. They do not terminate after the death in current private law, if recognized or at least claimed in court. Originally, the regulation of damages in public and private law was comparable; however, after the modernization of the private law (2012/14), the protection of persons in service and their relatives becomes weaker, even though it has traditionally been contrary to it in most institutes. Different legal regulations in labour and service law are baseless in the case of damages. The authors propose to modernize the relevant laws, to bring them closer to the Labour Code, both in the possibility of a reasonable increase in damages and in the transfer of damages for pain and diminished social function to the heir.

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When research met policy: a history of innovation and a complicated relationship in three Swedish development projects in mathematics education, 1960–2018

ZDM ◽

10.1007/s11858-021-01247-0 ◽

2021 ◽

Author(s):

Johan Prytz

Keyword(s):

Mathematics Education ◽

Comparative Method ◽

School Governance ◽

Development Projects ◽

Historical Sources ◽

Major Development ◽

History Of ◽

Historical Comparative ◽

The 1960S ◽

Contemporary Development

AbstractThis paper concerns the relationship between research and governance policy in three Swedish major development projects in mathematics education: the New Math project (1960–1975), the PUMP project (1970–1980), and the Boost for Mathematics project in (2012–2016). All three projects were driven or financed by the Swedish central school authorities. Using a historical comparative method, this study deepens the understanding of how research co-exists with governance policy when preparing innovations in mathematics education. The main historical sources are official reports and governmental decisions concerning the three projects. The analysis is focused on the nature of the innovations of each project and the role of researchers in the process of creating the innovations. The analysis highlights the theories and the methods involved in those processes. The three projects are also positioned in a context of school governance policy. In Sweden, the prevailing school governing policy changed from a highly centralised governance in the 1960s to a highly decentralised governance in the 2010s. The paper concludes by discussing to what degree the researchers adhered to principles of research or school governance; in particular, the Boost for Mathematics project is considered in this regard. The relevance of the paper in relation to the emerging field of implementation research in mathematics education concerns how historical studies can give new insights about contemporary development projects in mathematics education.

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A brief response to Fellner and Hill’s “Word families, allofams, and the comparative method”

Cahiers de linguistique - Asie orientale ◽

10.1163/19606028-04802003 ◽

2019 ◽

Vol 48 (2) ◽

pp. 125-141 ◽

Cited By ~ 1

Author(s):

Zev HANDEL

Keyword(s):

Constitutional identity and institutional autonomy of state

Journal of Law and Administration ◽

10.24833/2073-8420-2021-2-59-33-41 ◽

2021 ◽

Vol 17 (2) ◽

pp. 33-41

Author(s):

K. V. Karpenko

Keyword(s):

Comparative Method ◽

Legal Protection ◽

Legal Regulation ◽

Legal Order ◽

Constitutional Courts ◽

Legal Doctrine ◽

Public And Private ◽

Private Interests ◽

Historical Continuity ◽

Constitutional Identity

Introduction. The article deals with the phenomenon of constitutional identity, which allows strengthening the protection of constitution. The author shows, that the constitutional courts are the creators of the constitutional identity all around the world. That is why its principles may be called «praetorian law», as a reference to Roman judicial practice. The principles of constitutional identity form by themselves a core of constitutional provisions, which guarantee historical continuity and durability of any legal order. A nation can use them to preserve its existence in a legal reality. Constitutional identity creates a subordination of norms in the constitutional text. The most important of them are on the top. Such a vertical system gives to the Constitutional courts a useful criterion for balancing different interests in a society. This criterion is fair enough, because it is stipulated by the constitution itself.Materials and methods. The materials for the study include the constitutions of states, whose content is related to the problem discussed, decisions of constitutional courts and the legal positions expressed in them, as well as the conclusions of the constitutional and legal doctrine. The study uses the comparative method, which makes it possible to compare homogeneous legal phenomena, the systemic method, with the help of which constitutional identity is considered as an integral part of the mechanism of legal regulation, the dogmatic method that reveals the legal nature of the subject under study, as well as the dialectical method, which gives a holistic idea of subject of research.Results. Constitutional identity, which determines the hierarchy of constitutional norms and values, characterizes a state, emphasizing its differences from others. Constitutional identity should be unchanged over time and free from ongoing changes to the constitutional text. Then it allows identifying the permanent features of a particular legal order and the state as a whole. Consequently, the principles of constitutional identity preserve the historical heritage of the people, the patterns of its development and a certain predictability of the future. Thus, constitutional identity ensures the continuity of different historical periods.Discussion and conclusions. According to the author, the application of the principles of constitutional identity can give the current legal order an internal structure, reflected in the text of the Basic Law. At the same time, constitutional norms build a hierarchy that can reflect the hierarchy of significant values. The presence of such a hierarchy expands the possibilities of legal protection of the constitution, since the constitutional courts have a criterion for «weighing» public and private interests.

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PECULIARITIES OF THE LEGAL REGULATION OF THE INSTITUTION OF EXTRADITION OF AN INDIVIDUAL FOR CRIMINAL PROSECUTION OR SENTENCE EXECUTION IN THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY

International criminal law and international justice ◽

10.18572/2071-1190-2021-2-30-32 ◽

2021 ◽

Vol 2 ◽

pp. 30-32

Author(s):

Andrey P. Elchaninov ◽

Keyword(s):

Comparative Method ◽

Legal Regulation ◽

Russian Empire ◽

Criminal Prosecution ◽

Legal Institution ◽

International Treaties ◽

Foreign Countries ◽

Historical Comparative ◽

The Russian Empire ◽

Xix Century

Тhe article examines the main provisions of the Russian legislation and international treaties of the Russian Empire in the second half of the XIX century, govern the extradition of persons who committed crimes on the territory of Russia for their conviction in a state, which citizens they are, and also Russian citizens who have committed crimes in foreign countries, to condemn them in Russia. The use of the historical-comparative method allowed the author to conclude that the main provisions of the extradition of criminals to foreign countries, formulated by domestic lawyers in the second half of the XIX century, served as the basis for the development of this legal institution in modern Russia.

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Activity of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s (based on archival materials)

Genesis исторические исследования ◽

10.25136/2409-868x.2021.12.37092 ◽

2021 ◽

pp. 218-224

Author(s):

Ekaterina Olegovna Chekushkina

Keyword(s):

Soviet Union ◽

Crime Prevention ◽

Quantitative Methods ◽

Comparative Method ◽

Functional Method ◽

The Soviet Union ◽

The Subject ◽

Historical Comparative ◽

The 1960S ◽

Percentage Ratio

Leaning on the archival materials, this article examines the work of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s, as well as highlights positive and negative aspects therein. The object of this research is the Soviet Prosecutor's Office. The subject is the activity of the Prosecutor's Office of Khakass Autonomous Oblast in the 1960s. Archival sources contain meeting protocols, briefing notes on the work of city and district prosecutor's offices of Khakass Autonomous Oblast, internal reports on the work of the prosecutor's office, etc. The article employs the historical-comparative method for studying the types of activity of district prosecutor’s offices of Khakass Autonomous Oblast and criminal situation in these districts; quantitative methods for tracing the amount of crime, percentage ratio, number of cases, etc.; systemic-functional method for consideration of tasks faced by the prosecutor's office. The main types of activity in the 1960’s indicate oversight activity, crime prevention, legal propaganda, monitoring the execution of the decrees of the Prosecutor General of the Soviet Union, participation of the prosecutors in court hearings, consideration and resolution of citizens’ complaints.

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Financial Law and the Financial Market (part 2)

Financial law ◽

10.18572/1813-1220-2021-1-10-16 ◽

2021 ◽

Vol 1 ◽

pp. 10-16

Author(s):

Aleksandr V. Turbanov ◽

Keyword(s):

Financial Market ◽

Social Relations ◽

Legal Regulation ◽

Private Law ◽

Public And Private ◽

The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

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Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

Journal of the National Academy of Legal Sciences of Ukraine ◽

10.37635/jnalsu.28(4).2021.190-199 ◽

2021 ◽

Vol 28 (4) ◽

pp. 190-199

Author(s):

Nataliia S. Kuznietsova ◽

Maidan K. Suleimenov ◽

Farkhad S. Karagusov

Keyword(s):

System Analysis ◽

Civil Law ◽

Legal Regulation ◽

Civil Code ◽

Current State ◽

Clear Guideline ◽

The Republic ◽

Civil Codes ◽

Historical Comparative ◽

Main Ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

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Analysis of Procedural Rules in Individual Institutions Labour Law

Herald of Omsk University. Series: Law ◽

10.24147/1990-5173.2020.17(3).68-77 ◽

2020 ◽

Vol 17 (3) ◽

pp. 68-77

Author(s):

Galina Obukhova

Keyword(s):

Labor Law ◽

Legal Regulation ◽

Labor Rights ◽

Labour Law ◽

Legal Norms ◽

Historical Comparative ◽

The Right ◽

Substantive Law ◽

Almost All ◽

Special Rights

Introduction. The article deals with procedural and procedural rules of certain institutions of labor law, which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights and interests. The author substantiates the need for detailed regulation of the procedure for implementing such norms, since the sequence of their application and compliance directly affect the normal development of labor relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal legal methods were used. Results. In the course of the research, we come to the conclusion that some procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or production, we are always talking only about legal activity. The implementation of almost all substantive rules requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a relatively independent element of the mechanism of legal regulation of labor relations. The official application of any substantive law should be carried out in a specific procedure, which distinguishes the subject of the enforcement order of its work and relationship with the requiring party, the right of appeal against enforcement, etc. All require further elaboration and regulation.

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Energy market: general theory legal regulation

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.67.3.116-124 ◽

2020 ◽

pp. 116-124

Author(s):

A. M. Shafir

Keyword(s):

Energy Supply ◽

Energy Resource ◽

Legal Regulation ◽

Energy Resources ◽

State Agencies ◽

Private Law ◽

Public And Private ◽

Economic Relations ◽

Energy Fund ◽

Energy Balances

Energy markets are an organizational and economic mechanism that ensures the functioning of the sphere of circulation of energy resources, organized according to the laws of commodity production. Energy is nothing more than a material carrier of the energy transferred in the process of planning of activity of subjects of FEC fuel and energy balances of fuel as a unit of measurement of the amount of energy in a particular energy resource. Economic relations for the supply of energy resources are formed in two main forms‑supply through the connected network and supply. In energy and gas supply, the phase of energy circulation in time essentially coincides with the phase of its production, which determines the direct impact and determining influence of the mode of energy consumption on the mode of its production. The expansion of the sphere of circulation to the sphere of consumption leads to the fact that the consumption of energy resources itself becomes an «act of trade». The consumer purchases an energy resource with an easement of participation directly by the state (state agencies) or commercial energy supply organizations in its use. The form of such participation is operational dispatch management carried out by the specified bodies in the energy sector. The unified energy Fund of the Russian Federation and energy funds of other levels are property economic and legal entities, economic and legal institutions, the existence of which can become a significant argument in favor of energy law as an independent industry.The interconnection of transmission and consumption of energy resources with the latter’s defining role in the conditions of centralized operational dispatch management of the supply regime gives a synergistic effect in the form of organic interaction of public and private law relations in relations on energy supply.The specificity of public‑legal relations in the field of energy supply consists in their «introduction» into private‑law relations, to the extent of organic interaction and functioning as a whole.

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Problems of regulation of investment relations in the of energy in the era of digitalization (on the example of coal energy)

LAPLAGE EM REVISTA ◽

10.24115/s2446-6220202172891p.604-613 ◽

2021 ◽

Vol 7 (2) ◽

pp. 604-613

Author(s):

Iurii S. Shpinev ◽

Marina S. Lizikova ◽

Nina I. Solovyanenko ◽

Konstantin A. Lebed

Keyword(s):

Legal Regulation ◽

Coal Industry ◽

Medium Term ◽

Scientific Publications ◽

Scientific Methods ◽

Current State ◽

Methods Of Synthesis ◽

General Scientific ◽

Historical Comparative ◽

Industry Investment

This article discusses the development, current situation and medium-term prospects of the Russian coal industry. The issues of the specifics of the industry, investment risks, as well as the legal regulation of investments at the present time are highlighted separately. Based on the current legislation, statistical data and scientific publications on the topic under consideration, the author comes to a number of conclusions regarding the current state, prospects, legal regulation and the appropriate type of investment in the coal industry. In the course of the research, the author, in addition to general scientific methods of synthesis and analysis, used such special methods as historical, comparative-legal, formal-legal.

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