scholarly journals State insurance in the Soviet legal doctrine

2021 ◽  
pp. 72-78
Author(s):  
Astamur Anatol'evich Tedeev
Keyword(s):  
The State ◽  
Soviet Period ◽  
Insurance Fund ◽  
Legal Doctrine ◽  
Property Relations ◽  
Financial Activity ◽  
Theoretical Approaches ◽  
General Terms ◽  
Fund Development ◽  
Insurance Funds

This article attempts to analyze the theoretical approaches towards regulation of state insurance by various branches of the Soviet law that existed in the legal thought of the XX century. Attention is focused on the state activity aimed at formation of the specialized insurance funds and peculiarities of their use. The article examines the procedure for the formation of state insurance fund, development trends, understanding of the essence and the key role of state insurance in the Soviet period. It is indicated that state insurance in the Soviet period represented the activity of government branches on formation of the specialized monetary funds by means of contributions made by socialist organizations and citizens (policyholders) that were used by the insurance system to compensate for material damage caused by natural disasters, accidents, etc., as well as carried out preventive measures and awareness-raising activity for their prevention. The following conclusions were formulated: in the Soviet period insurance as the legal institution was studied by a range of legal sciences, including the science of financial law; the insurance relations were regulated by several branches of the Soviet law. It is worth noting that the question on the boundaries of such regulation was of ambiguous and debatable nature. For the most part, insurance relations in the Soviet period were regulated by the norms of financial and civil law. The Soviet financial law regulated the relations that arouse in the process of development of state insurance as one of the main types of financial activity of the state. The property relations that established on the basis of implementation of these general terms were of civil nature. The question of sectoral borders is still relevant for many post-Soviet states.

SOCIAL INSURANCE IN RUSSIA: STATE, CURRENT CHALLENGES AND RESPONSES TO THEM

2020 ◽  
pp. 75-95
Author(s):  
Lyudmila A. Migranova ◽  
◽  
Valentin D. Roik ◽  
Keyword(s):  
Social Insurance ◽  
Pension Fund ◽  
The State ◽  
Insurance Fund ◽  
Social Risks ◽  
Social Insurance Fund ◽  
Subsistence Minimum ◽  
The Social ◽  
Mandatory Health Insurance ◽  
Insurance Funds

The article deals with the issues of functioning of the social insurance institution, the organizational-legal and financial forms of which are presented by the state extrabudgetary social funds - Pension Fund of Russia, Mandatory Social Insurance Fund and Mandatory Health Insurance Fund. It considers the main characteristics of social insurance: a) scope of covering the employed population by insurance protection; b) contribution rates as related to wages; c) level of protection of population incomes (pensions and benefits as related to wages and subsistence minimum); d) availability of quality medical assistance and rehabilitation services. There are analyzed the present social risks and problems of the RF insurance system. The main problem is that the amount of financial expenditures on all types of social insurance per beneficiary is about half that of most developed and developing countries. The primary cause is lacking motivation of both employees and employers to participate in the mandatory social insurance and to legalize their earnings. In the conclusion there are formulated a number of proposals for improvement of the institution of social insurance in Russia. It is proposed to expand the range of insurance cases concerning unemployment insurance and care for elderly people, to increase the total amount of compulsory contributions to extrabudgetary insurance funds from 30.2% up to 42.5% from three sources - employees, employers and the state.

Development of rational land use in land policy of the Transnistrian Moldovan Republic

2021 ◽  
pp. 837-841
Author(s):  
A.V. Shashkova ◽  
A.O. Solovtsov
Keyword(s):  
Land Use ◽  
The State ◽  
Social Effects ◽  
Land Policy ◽  
Soviet Period ◽  
Land Resources ◽  
Public Interests ◽  
Property Relations ◽  
Economic Transformations ◽  
The Times

The article considers the problem of the development of rational land use in land policy of the Transnistrian Moldovan Republic. In the times of socio-economic transformations, the issue of land and property relations is one of the most important. Land and property relations can’t be realized without participation of the state, this is manifested even in the states with a liberal economic model. The rational use of land resources is achieved by the state instruments as a combination of the necessary economic, environmental and social effects, as well as the coordination of public interests. The Pridnestrovian Moldavian Republic and its land policy are of great research interest, combining the accumulated experience of the Soviet period and building its own economic system.

State and Class in Africa: A Case for Extending Analyses of the Form and Functions of the National State to the Urban Local State

1986 ◽  
Vol 4 (4) ◽  
pp. 419-446 ◽  
Author(s):  
C Rakodi
Keyword(s):  
Urban Areas ◽  
Local Level ◽  
The State ◽  
Local State ◽  
Initial Assessment ◽  
African Countries ◽  
National State ◽  
Theoretical Approaches ◽  
General Terms ◽  
Limited Degree

Four alternative theoretical approaches to analysing the form of the national state are outlined, their use in studies of African countries noted, and their appropriateness assessed, to provide background for a consideration of the possible utility of the concept of a local state in analysing African urban situations. Instrumentalist views of the national state In Africa are now less widely used than structuralist approaches, and so structuralist approaches have been considered in more detail, A review is presented of the findings of recent studies with respect to the form of the state and the class structure and processes of class formation in developmentalist African states, with particular reference to urban areas. The functions of the state in general terms at national and local levels are discussed, by use of Sandbrook's categorisation of development strategies in Africa. In the absence of studies of urban local government in Africa within the theoretical framework provided by debates on the form and functions of the state, some work on the functions of the local state in the United Kingdom is reviewed, and an initial assessment made of the extent to which the local state in Africa fulfils the same functions and has a similar, albeit limited, degree of autonomy from the national state. It is concluded that there is a case for focusing enquiry on subnational levels of the state in Africa, including the urban local state, and that structuralist views of the form and functions of the national state may be extended to providing a theoretical analysis at the local level, providing that the continuously changing nature and functions of the state, the dynamism and ambiguity of evolving class structures, and the importance of nonclass interests and identities are recognised.

Russian Parliamentarism Party Model

2018 ◽  
Vol 42 ◽  
pp. 245-255
Author(s):  
Rostislav F. Turovsky
Keyword(s):  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Political Situation ◽  
Managerial Positions ◽  
Post Soviet Period

The article is devoted to the study of the party model of Russian parliamentarism in post-soviet period. The focus is on the issues of party representation and its correlation with the distribution of the managerial positions and introduction of collective legislation at State Duma. These issues are examined from the point of view of reaching cross-party consensus and implementation of fair parliament party representation principle. According to the author Russian parliamentarism model aims at reaching full-fledged party consensus that corresponds better to the principles of popular representation than strict parliament polarization along the line of “authority-opposition”. Understanding of those issues by the majority of the players was noted from the very start of the State Duma activities, in spite of the acute conflicts in the 1990-ies.The author draws the conclusion that the equation of party representation continues to grow at the level of managerial positions in the parliament that allows to improve cooperation of the parties and to reduce authority and opposition conflicts. Thereby the Russian parliamentarism model makes an important contribution to the stabilization of socio-political situation of the country.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

CONCEPTUALIZATION OF THE DIAGNOSED CLINICAL SITUATION COMPONENTS FOR ELECTRONIC MONITORING OF THE TREATMENT QUALITY

2021 ◽  
Vol 67 (1) ◽  
pp. 10-10
Author(s):  
T.K. Lugovkina ◽  
Keyword(s):  
Clinical Practice ◽  
Care Delivery ◽  
The State ◽  
Information Environment ◽  
Medical Specialties ◽  
Philosophical Foundations ◽  
Conceptual Schemes ◽  
Quality Of Treatment ◽  
General Terms

Significance. Free care delivery within the framework of the State Guarantee Programs substantiates the development of electronic platforms for information support of doctors in prescribing medicines and monitoring quality of treatment. Conceptualization of the unified information environment of clinical practice, unified interpretation of the terms and components of the diagnosed clinical situations are important conditions for effective performance of the medical electronic platforms. Purpose: to conceptualize the scheme of information environment of clinical practice to support decision-making and monitor quality of treatment. Material and methods. The conceptual schemes of the information environment of clinical practice have been developed in accordance with the system principles. The methodology for constructing conceptual schemes is based on the general principles of philosophical foundations of science. Results. The conceptual schemes, conceptual apparatus, and information environment of structural elements of the model of information environment of clinical practice have been developed. A glossary of general terms and concepts of the information environment of clinical practice has been created. The structural model of information environment was tested at the prototype electronic platforms across different medical specialties. Conclusion. The use of ontologies and intelligent systems based on the expert knowledge in combination with digital coding of the diagnosed clinical situations serve a promising approach to monitor and control quality of care delivery and cost accounting within the framework of the State Guarantee Programs implementation. Scope of application. The concepts of the components of the diagnosed clinical situations meet the requirements of the interdisciplinary level of the information environment and are applicable for creating electronic platforms in various specialized areas of clinical practice.

Charter of the Kazan Society of Physicians for the provision of medical care to participants in the sickness funds established by law on June 3, 1912

1913 ◽  
Vol 13 (2) ◽  
pp. 91-110
Keyword(s):  
Health Insurance ◽  
Medical Care ◽  
Insurance Fund ◽  
Health Insurance Fund ◽  
Medical Assistance ◽  
Medical Aid ◽  
Insurance Funds ◽  
The Law ◽  
Health Insurance Funds ◽  
The City

The Kazan Society of Physicians for the Provision of Medical Aid to the Participants of the Health Insurance Funds Established on the Basis of the Law of June 23, 1912 "has the goal of providing medical assistance to the participants of the Health Insurance Fund established on the basis of the Law of June 23, 1912 in the city of Kazan and its environs.

Symbolic Figures of the Decembrists in the Memorial Space of Irkutsk (Early 20th Century - 1991)

2021 ◽  
pp. 129-138
Author(s):  
Yekaterina I. Krasilnikova ◽  
◽  
Keyword(s):  
Social Identity ◽  
Collective Memory ◽  
Regional Identity ◽  
100Th Anniversary ◽  
The State ◽  
Soviet Period ◽  
Local Authorities ◽  
Politics Of Memory ◽  
The 1960S ◽  
Memorial Space

The author explores the problem of reflecting the collective memory of Siberians about the exiled Decembrists in the memorial space of Irkutsk at different historical stages. The aim of the article is to characterize the developing dynamics of a segment of the memorial space system that includes Irkutsk's memorial places associated with the Decembrists in the chronological framework of the Soviet period of Russian history. The study is based on the principle of historicism. The methodological reference point of the research is the problem field of memory studies; the concepts of the places of memory of P. Nora and cultural memory of J. Assmann and A. Assmann are used. The author also employs historical-genetic and historical-comparative methods. Within the framework of the Soviet period, three stages of forming the segment of the Irkutsk memorial space associated with the memory about the Decembrists were identified. The first stage, from the 1910s till 1925, reflects the general weakness of Irkutsk city residents' collective memory about the Decembrists, which was manifested in neglecting memorial sites, and the beginning of the awakening of interest in the Decembrists among the local liberal-minded intelligentsia. At the second stage, from 1925 (the 100th anniversary of the Decembrist uprising) till the 1960s, under the influence of the state politics of memory that recognized the Decembrists as the first generation of Russian revolutionaries, the intelligentsia of Irkutsk were actively forming the locus of the Decembrists' memorial space in their city. Based on the memory about the Decembrists, the intelligentsia was constructing their social identity. But the local authorities did not provide the intelligentsia with the desired support, which significantly complicated achieving the memorialization tasks. At the third stage, in the 1960s-1980s, the memory about the Decembrists' stay in Irkutsk was in demand among the local authorities, who used it especially actively during celebrations dedicated to the anniversaries of the city. Many memorable places were designated, and their protection was improved. The sharply increased attention of Irkutsk local administration and city residents to the exiled Decembrists reflected the growth of their regional identity. The author revealed the dependence of reflecting the collective memory about the Decembrists in the Irkutsk memorial space on the state and regional politics of memory, as well as on the local intelligentsia initiatives, for which the memory about the Decembrists served as one of the foundations for constructing their social identity.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

scholarly journals Philosophical and legal foundations of the doctrine Marsil of Padua about the state

2020 ◽  
pp. 33-43
Author(s):  
А.А. Борзов
Keyword(s):  
Theoretical Basis ◽  
The State ◽  
State Sovereignty ◽  
Common Source ◽  
Legal Doctrine ◽  
Essential Unity ◽  
Legal Foundations ◽  
The Common

Учение представителя раннего итальянского гуманизма, выдающегося философа и правоведа, Марсилия Падуанского [1270(80) – 1342(43)] о государстве актуализирует платоновские политико-правовые идеалы. Мысль Платона о сущностном единстве человека и государства, формируемом общим источником их добродетели – идеей справедливости, составляет теоретическое основание гуманизма падуанца, его философско-правового учения о совокупной воле людей как источнике государственного суверенитета. The teaching of the representative of early Italian humanism, an outstanding philosopher and lawyer, Marsil of Padua [1270 (80) - 1342 (43)] about the state actualizes Plato's political and legal ideals. Plato's thought about the essential unity of man and the state, formed by the common source of their virtue - the idea of ​​justice, constitutes the theoretical basis of Padua's humanism, his philosophical and legal doctrine of the collective will of people as a source of state sovereignty.

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