scholarly journals HOW TO PREVENT AND DEFEND AGAINST MOBBING IN A WORKPLACE?

2019 ◽  
Vol 10 (1 (32)) ◽  
pp. 45-53
Author(s):  
Zbigniew Kohnke ◽  
Jacek Winiarski
Keyword(s):  
Labour Market ◽  
Legal Aspect ◽  
Case Law ◽  
Criminal Code ◽  
Jel Classification ◽  
Personnel Economics ◽  
Personal Rights ◽  
Organizational Perspective ◽  
Labor Discrimination ◽  
I1 Health

The phenomenon of mobbing has been recognized by researchers, psychologists, lawyers and legislators as very harmful. However, employees suffering from mobbing in the workplace can be protected in many ways. This article aims to show the most important ways of protecting against mobbing in the workplace. Our work identifies psychological forms of support. We put an emphasis on victim and persecutorpersonalities as well. We also show our recommendations concerning prevention of this form of harassment in an organizational perspective. The next part of the article explains how important is the legal aspect of mobbing and protection of employees’ personal rights: we write about the case-law cited in the Labour Code, the Civil Code and the Criminal Code. Particular emphasis is placed on the Polish labour market. JEL classification: M5 Personnel Economics, J7 Labor Discrimination, I1 Health

Mismatch Between Education and Occupation: A Case Study of Pakistani Graduates.

2011 ◽  
Vol 50 (4II) ◽  
pp. 531-553 ◽  
Author(s):  
Shujaat Farooq
Keyword(s):  
Higher Education ◽  
Human Capital ◽  
Labour Market ◽  
Jel Classification ◽  
Formal Sector ◽  
Field Of Study ◽  
Keywords Education ◽  
Job Mismatch

In this study, an attempt has been made to estimate the incidences of job mismatch in Pakistan. The study has divided the job mismatch into three categories; education-job mismatch, qualification mismatch and field of study and job mismatch. Both the primary and secondary datasets have been used in which the formal sector employed graduates have been targeted. This study has measured the education-job mismatch by three approaches and found that about one-third of the graduates are facing education-job mismatch. In similar, more than one-fourth of the graduates are mismatched in qualification, about half of them are over-qualified and the half are under-qualified. The analysis also shows that 11.3 percent of the graduates have irrelevant and 13.8 percent have slightly relevant jobs to their studied field of disciplines. Our analysis shows that women are more likely than men to be mismatched in field of study. JEL classification: I23, I24, J21, J24 Keywords: Education and Inequality, Higher Education, Human Capital, Labour Market

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

The Effect of COVID-19 as an Economic Shock on the Gender and Ethnic Gap in Labour Market Outcomes

2021 ◽  
pp. 232102222110464
Author(s):  
Stefani Milovanska-Farrington
Keyword(s):  
Labour Market ◽  
Ethnic Groups ◽  
Global Economy ◽  
Policy Decision ◽  
Jel Classification ◽  
Market Outcomes ◽  
The Usa ◽  
Economic Shock ◽  
Labour Market Outcomes ◽  
The Difference

With more than 29 million confirmed cases of COVID-19 in the USA and 119 million cases worldwide, the pandemic has affected companies, households and the global economy. We explore the effect of the economic shock which resulted from this specific health event on labour market outcomes, and the changes in labour market disparities between ethnic groups and genders. The results provide evidence of an adverse effect of COVID-19 on labour market outcomes of all demographic groups, a widening gap between the employment prospects of minorities and whites, but no change in the earnings gaps between ethnic groups. We also do not find a deterioration of the differentials between genders, except the increase in the difference in the duration of unemployment between women and men with children. The findings have implications related to the priorities of policy decision-makers when implementing policies to combat ethnic and gender gaps in the labour market. JEL Classification: J70, J71, J01, J15, J23

LA FALSEDAD EN DOCUMENTOS SOCIALES DEL ART. 290 CP: ¿DELITO DE FALSEDAD DOCUMENTAL

2010 ◽  
pp. 389-430
Author(s):  
JUAN IGNACIO ECHANO BASALDÚA
Keyword(s):  
Financial Statements ◽  
Case Law ◽  
Theoretical Framework ◽  
Criminal Code

La ausencia de un marco teórico suficiente en el delito de falsedad en documentos sociales del art. 290 CP ¿como hace patente la disparidad de interpretaciones que reciben los elementos típicos¿, aconseja investigar si su naturaleza es la propia de un delito de falsedad documental. Con este fin se analizan críticamente las opiniones presentes en la jurisprudencia, se concluye, contra la opinión de la jurisprudencia actualmente mayoritaria, que la falsedad no es un delito de falsedad documental y que es posible una interpretación tanto de las falsedades documentales como de la falsedad en documentos sociales más acorde con la línea iniciada por el CP de 1995 en esta materia, que permite configurar esta falsedad como un delito de información. Kode Penaleko 290. artikuluak jasotzen duen agiri sozialen faltsutasun- delituak ez duenez euskarri teoriko nahikorik ¿argi erakusten du hori elementu tipikoek ere hainbat interpretazio jasotzeak¿ komeni da aztertzea ea agiri- faltsutzearen delitu baten izaera ote duen benetan. Helburu hori aintzat hartuta, jurisprudentzian agertzen diren iritziak ikuspegi kritikoz aztertzen dira eta ondorioztatzen da, gaur egun jurisprudentzian nagusi den iritziaren kontra bada ere, faltsutasuna ez dela agirien faltsutze delitua eta litekeena dela bai agirien faltsutzeari bai agiri sozialen faltsutasunari interpretazio erabat bestelakoa ematea, kontu horretan 1995. urteko Kode Penalak adierazten zuen moduan: faltsutasun hori informazio- delitua moduan konfiguratzea. The lack of a sufficient theoretical framework for the crime of falsifying corporate financial statements by section 290 in Criminal Code ¿as it is evident given the disparity of the interpretations to the legal elements of the crime¿ suggests us to investigate whether its nature is that of a crime of misrepresenting documents. To this end, the opinions in the case law are critically analyzed and we come to the conclusion that against the majority caselaw opinion, falsehood is not a crime of misrepresenting documents and that it is arguable an interpretation of both misrepresenting documents and falsifying corporate financial statements in conformity with the trend commenced by the Criminal Code from 1995, which permits the construction of this falsehood as a crime of information.

scholarly journals Special courtroom as an element of child-friendly justice: organizational and legal aspect

2021 ◽  
pp. 16-26
Author(s):  
Pavlo Parkhomenko
Keyword(s):  
Legal Aspect ◽  
Children's Rights ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Children’S Rights ◽  
European Court ◽  
Child Friendly ◽  
Basic Approaches ◽  
The Impact

The entry of a child into the sphere of justice, regardless of its status, requires the creation of such conditions that would minimize the possibility of the impact of negative factors in the process of administering justice on the child himself. In this regard, one of the effective and important elements in the child-friendly justice system may be the organization of a special courtroom, which would be adapted to hear cases involving a child, which is not widely used in national practice and does not have the appropriate legal regulation in general. In addition, to date, there are no studies that would reflect the problems of organizing a courtroom, in which it is possible to try different categories of cases with the participation of the child. The article attempts to conduct a theoretical and legal study of existing international standards and national legal regulation of the organization of child-friendly courtrooms, identifying the basic elements for its creation, through which it is possible to formulate basic approaches to the administration of child-friendly justice. The author stressed that international standards refer to the components of child-friendly justice, including the issue of creating the most comfortable conditions for the child in the courtroom and directly during the hearing. To substantiate the conclusions, we analyzed the national case law and the case law of the European Court of Human Rights, which demonstrates cases of violation of children's rights by not creating appropriate conditions for the trial of children, and emphasizes the importance of the situation in which the trial took place. from litigation involving adults. Positive practices of organization of special courtrooms in some courts of Ukraine are given. Based on the analysis, it was found that the issue of arranging a courtroom friendly to children has no legislative and departmental regulations, in connection with which proposed ways to address the legislative gap in this direction and guidelines for organizing a special courtroom, which is positively assessed. Рrovided children who were invited to court and who had the opportunity to compare the general courtroom and the special. Keywords: international standards, children's rights, child-friendly justice, child interview, courtroom.

scholarly journals Nusikaltimai virtualioje erdvėje – šiuolaikiniai Iššūkiai ir prevencijos galimybės

2020 ◽  
pp. 274-294
Author(s):  
Ugnė Grigaitytė ◽  
Miglė Mackevičiūtė
Keyword(s):  
European Union ◽  
Case Law ◽  
Criminal Code ◽  
Virtual Space ◽  
International Level ◽  
Illegal Acts

The article presents an analysis of the virtual crimes, its problematic aspects, inter alia, prevention opportunities. Discussing types of virtual crimes, content aspects in the context of nowadays challenges, illegal acts’ measures. Regulatory reviews at national, European Union and international level, considered by the competent intitutions, as well as case law. Convention on cybercrime, adopted in 2001, extensively covering and legally regulating crimes, commited through virtual space, a comparison with Lithuanian legislation, including criminal code. The work emphasizes latency of cybercrimes likewise the damages comparing with ordinary crimes.

PENALTIES PROVIDED FOR SERIOUS CRIMES IN THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Special Part ◽  
The Right ◽  
National Police

The statistics of the Prosecutor General's Office on registered criminal offenses in the form of serious crimes for 2020 and 2021 were reviewed. Based on this, the number of serious crimes registered by the National Police of Ukraine during the reporting periods was determined. The provisions of the current Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Resolution of the Plenum of the Supreme Court No 7 of October 24, 2003 are analyzed, as well as some scientific positions of domestic scientists Knyzhenko O. O are taken into account. and Berezhnyuk V. M In addition, a review of the case law of the Supreme Court of Cassation on sentencing was studied. A thorough criminal-legal analysis of the sanctions of the articles of the Special Part of the Criminal Code of Ukraine in the part of punishments established for the category of serious crimes was carried out. Based on the analysis, it was determined which main and additional punishments are regulated in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine for the investigated category of crimes. The quantitative and qualitative indicator of sanctions for serious crimes has been determined, which include: imprisonment for a definite term; punishments alternative to imprisonment; additional penalties. Legislative and doctrinal provisions on punishments in the form of imprisonment for a definite term, restriction of liberty, fine, correctional labor, arrest are considered. The judicial practice of Ukraine in the part of certain issues related to the execution of a penalty in the form of a fine and the replacement of a penalty in the form of a fine with a penalty in the form of correctional labor is analyzed. It is established that the Criminal Code of Ukraine, in the sanctions of the articles, provides for the application to a person who has committed a serious crime, punishment in the form of imprisonment, restriction of liberty, fine, correctional labor, arrest - as the main punishment. The range of additional punishments is defined, which determine: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities and a fine.

scholarly journals Criminal Law Violations in Labour Safety at Coal Mining Enterprises

2019 ◽  
Vol 105 ◽  
pp. 02018 ◽  
Author(s):  
Yury Volgin ◽  
Irina Gaag ◽  
Alexander Naumov
Keyword(s):  
Supreme Court ◽  
Coal Mining ◽  
Russian Federation ◽  
Mining Industry ◽  
Case Law ◽  
Criminal Code ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Safety Rules

The paper deals with the qualification of criminal violations of safety rules in coal mining enterprises in the light of recent changes in Art. 216 and 217 of the Criminal Code of the Russian Federation, as well as the adoption of a new Resolution of the Plenum of Supreme Court of the Russian Federation on violations of safety rules during operations. Firstly, the old and new editions of Art. 216 and 217 of the Criminal Code are compared. After that, the distinctive features of the articles under consideration are examined with the help of the new Plenum Resolution, federal laws and bylaws. Finally, the case law on this issue has been reviewed since 2016 with consideration of specific examples. In the paper, the authors do not address the issues of qualifying violations of safety rules at coal mining enterprises under Art.143 of the Criminal Code as it has not been changed. At the end of the study, the authors formulate the qualification rules taking into account the latest changes, without proposing any changes to the Criminal Code of the Russian Federation and other regulatory legal acts that do not include the Resolution of the Plenum of the Supreme Court, i.e. the results of the study can be used in practice. The problem is that there is a lack of research of the changes we are considering in the Criminal Code of the Russian Federation, and even more in relation to the coal mining industry.

The Lavish Corporate Hospitality: The Lawful and Unlawful Interaction of Public Officials and Private Sector Actors — Law and the Court Praxis in Finland

2013 ◽  
Vol 21 (1) ◽  
pp. 59-84
Author(s):  
Johanna Peurala
Keyword(s):  
Public Sector ◽  
Public Relations ◽  
Private Sector ◽  
Case Law ◽  
Criminal Code ◽  
Soft Law ◽  
Business Sector ◽  
Public Officials ◽  
The Public ◽  
Clear Cut

Public officials can be offered hospitality, excursions, seminars or different kinds of benefits by the business sector. These kinds of benefits can be seen to be a customary practice or the management of public relations. Finnish law does not give any clear-cut answers when a certain benefit can be seen as lawful (as a gift) or unlawful (as a bribe). The aim of this research is to clarify, based on the Finnish Criminal Code, by Finnish case law, as well as soft law instruments, the thin line between unlawful and lawful benefits in this business–public sector interaction. The article also discusses the concept of the management of public relations which the Finnish courts have mentioned as the factor that can justify the benefits given to the public officials by business sector.

Civis Europeus Sum – Union Citizenship and the Influence of the Court of Justice of the European Union

2015 ◽  
Vol 23 (1) ◽  
pp. 71-80
Author(s):  
Verica Trstenjak
Keyword(s):  
Member State ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
Tax Relief ◽  
Personal Rights ◽  
Union Citizenship ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

Since its formation in 1950s as the economic community, the EU has created the monetary union and is increasingly evolving also into a political union – part of which is also a union or Europe of citizens. This article explores the development and the existing EU legislation and case law of the Court of Justice of the EU (CJEU) on Union citizenship. The article emphasises the importance of the case law of the CJEU for the development of this concept, focusing especially on the case law pertaining to access to social security benefits in another Member State, the rights of students, tax relief, and personal rights such as the right to write a name in a certain way and the right to family life. Case law of the CJEU has, inter alia, confirmed that even economically inactive Union citizens lawfully residing in another Member State have a right to access to social benefits under the same conditions as the Member State’s own nationals. The concept of the Union citizenship is of key importance in the development of EU law, as it expands the scope of the applicability of the provisions on free movement of persons and other fundamental freedoms. New challenges and questions linked to Union citizenship are arising over time, which should also be regulated at the EU level in the future. Therefore, further development of this concept can still be expected in the EU.

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