scholarly journals Increased and additional fees governed by the Geological and Mining Law as examples of administrative pecuniary penalties

2021 ◽  
pp. 1-13
Author(s):  
Gabriel Radecki
Keyword(s):  
Legal Status ◽  
Administrative Procedure ◽  
Mining Law ◽  
The Subject ◽  
Administrative Sanctions ◽  
The Impact

The increased and additional fees are administrative sanctions for violations of the provisions of the Act of 9 June 2011 Geological and Mining Law, especially in part concerning the concession requirements. The article discusses the functions which these sanctions play. In that range it analyses the subject and severity of the fees, trying to distinguish their scopes. It leads to the conclusion that the fees concentrate mainly on their repressive and fiscal functions. The second part of the article is devoted to standards of the fees in the light of the provisions Section IVa of the Code of Administrative Procedure, entitled “Administrative pecuniary penalties”. The impact of these provisions on the fees’ legal status is insufficient and does not guarantee the satisfactory protection of rights of entities.

APPLICATION OF REGULATION ON ADMINISTRATIVE FINANCIAL PENALTIES TO INCREASED FEE AND ADDITIONAL FEE GOVERNED BY THE GEOLOGICAL AND MINING LAW

2020 ◽  
Vol 3 (XX) ◽  
pp. 167-180
Author(s):  
Gabriel Radecki
Keyword(s):  
Legal Status ◽  
Administrative Procedure ◽  
General Rules ◽  
Scope Of Application ◽  
Mining Law ◽  
Administrative Sanctions

Section IVa of the act of 14 June 1960 – Code of Administrative Procedure refers to administrative financial penalties, introducing some general rules in that subject. Author considers possibility and scope of application of the rules to that fees governed by the act of 9 June 2011 – Geological and Mining Law, which are administrative sanctions, namely to increased fee and additional fee. The increased fee is applicable to activity carried out without the required concession, whereas the increased fee is charged for activity performed in flagrant violation of the conditions determined in the concession. The author came to the conclusion that an impact of the provisions of section IVa on the legal status of the fees was minimal and unsatisfactory.

scholarly journals Domniemania i fikcje prawne w ogólnym postępowaniu administracyjnym. Wybrane zagadnienia

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny
Keyword(s):  
Subject Matter ◽  
Administrative Procedure ◽  
Objective Truth ◽  
The Subject ◽  
Administrative Proceedings ◽  
Legal Fictions ◽  
The Impact

<p class="Standard">The subject of the article was to discuss the institutions of presumptions and legal fictions applicable in the general administrative procedure. Due to the complexity of the problem, the author has attempted to only analyse selected issues relating to the subject matter hereof. The study identifies situations in which the discussed institutions are established, describes their substance, function and the objective for which they were introduced. The impact presumptions and legal fictions on the validity of objective truth in the course of administrative proceedings have been demonstrated and the values underlying their introduction to the Code of Administrative Procedure have been discussed.</p>

A Turning Point in the History of Polish Socialism and its Attitude Towards the Jewish Question

2004 ◽  
pp. 111-129
Author(s):  
Moshe Mishkinsky
Keyword(s):  
Turning Point ◽  
Legal Status ◽  
Jewish Question ◽  
Eastern European ◽  
Polish Society ◽  
History Of ◽  
Integral Element ◽  
The Subject ◽  
The 19Th Century ◽  
The Impact

This chapter describes a turning point in the history of Polish Socialism and its attitude towards the Jewish Question. In dealing with the concept of the Jewish Question, the intention is not, as is often the case, to dwell solely upon the legal status of Jews (emancipation) but to view the problems of Jewish existence in their diversity. According to one view, the dependence upon non Jewish society represents an integral element or, even a determinant, in these problems. In the context of Polish–Jewish relations from the historical perspective of the last hundred years, one may discern six aspects of the subject. These include the development of Socialist thought in its different versions as regards the Jews; the influence of the gradual growth and development of the emerging working class in Polish society; the influence of the relatively large involvement of Jews within the Socialist Labour Movement; the impact of the new processes which matured in the last quarter of the 19th century on the life of Eastern European Jewry in general, and on the Polish–Jewish area in particular; the growth alongside each other, but also in conflict, of two political and ideological movements — Polish Socialism and Jewish labour Socialism; and the tension between the Socialist and the national elements which was common to both yet different in its concrete content.

scholarly journals PECULIARITIES OF PARTICIPATION OF SELF-EMPLOYED PERSONS IN SOCIAL DIALOGUE

2020 ◽  
pp. 414-421
Author(s):  
Т. Л. Жовнір
Keyword(s):  
Social Security ◽  
Legal Status ◽  
Legal Regulation ◽  
International Labor Organization ◽  
Holistic View ◽  
Social Dialogue ◽  
Social Risks ◽  
The Subject ◽  
Theoretical Category ◽  
The Impact

The relevance of the article is that the legal status of the subject of social security, regardless of whether it is a person who provides social security or receives such security, is a dynamic legal category. It is this feature that completes the final formation of a holistic view of this legal status. It reveals the property of legal status, which connects it with real legal relations allows to ensure continuous improvement of the rights and responsibilities of the subject of social security in view of changes in social reality, the emergence of new social risks in connection with the development and the introduction of new progressive ideas for the implementation of social security. It is the dynamism that allows us to consider the legal status of the subjects of social security law not only as an abstract theoretical category of social security law, but also a specific concept of legal practice. An important means for such development and improvement of the legal status of social security law subjects is the constant and systematic interaction of such subjects with each other and with the state as a guaranteeing subject of social security law in the form of social dialogue. The purpose of the article is to clarify the features of the legal regulation of the participation of self-employed persons in social dialogue. The article analyzes the understanding of the concept of social dialogue in accordance with the standards of the International Labor Organization and Ukrainian legislation, given the imperfection of the legal definition of the term in national law, and notes the impact of such wording on the legal status of self-employed persons. In the future, based on the disclosure of the legal regulation of social dialogue in Ukraine, the problems of participation of self-employed persons in social dialogue, their representativeness and the ability to protect their social rights in this form of public-private cooperation. In connection with the above, the desired and corresponding real state of legal regulation of the researched problems is determined.

scholarly journals Diez razones para proponer la reforma jurídica del silencio administrativo

2020 ◽  
pp. 333
Author(s):  
Jesús Bolado-Alonso
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Administrative Law ◽  
Current Situation ◽  
Administrative Procedure ◽  
Legal Problems ◽  
The Face ◽  
The Subject ◽  
The One ◽  
The Impact

La necesidad de construir un procedimiento administrativo rápido, ágil y flexible justifica la necesidad de este estudio, frente a uno de los problemas jurídicos actuales más graves, que se detectan en la práctica española, como es el silencio administrativo o de otra forma la falta de respuesta de una Administración silente en sus procedimientos con sus administrados. Para la defensa de la reforma jurídica de esta figura, ha sido necesario proponer una visión en conjunto sobre sus orígenes y la situación actual en el ordenamiento jurídico, analizando el impacto de las últimas sentencias sobre el tema. La conclusión alcanzada confirma la tesis planteada de que actualmente el fin de la sociedad , es conseguir tener una Administración eficaz, eficiente y diligente en la que no tiene cabida el Silencio Administrativo y todo ello supone buscar nuevas propuestas metodológicas como la que se plantea en este estudio. Con ello se reforzarían las garantías procedimentales, se recuperaría la confianza de los administrados, cuando se relacionan con la administración, pero además permitiría una aplicación más eficaz del Derecho Administrativo y un mejor control de la aplicación del procedimiento. The need to build a fast ,agile and flexible administrative procedure justifies the need for this study , in the face of one of the most serious current legal problems that are detected in Spanish practice, such as administrative silence or otherwise the lack of response of a silent administration in its procedures with its administered. For the defense of the legal reform of this figure, it has been necessary to propose a joint vision on its origins and the current situation in the legal system, analyzing the impact of the last sentences on the subject. The conclusion reached confirms the thesis that currently the aim of society, is to have an effective, efficient and diligent administration in which administrative silence has no place and all this means finding new methodological proposals such as the one proposed in this study. This would strengthen the procedural guarantees, recover the trust of the administrated, when they are related to the administration, but also allow a more effective application of Administrative Law and a better control of the application of the procedure.

scholarly journals THE ESSENCE AND METHODS OF COERCION IN THE CATEGORIES OF PHYSICS (CRIMINAL-LEGAL ISSUES)

2018 ◽  
Vol 2 (2) ◽  
pp. 10-13
Author(s):  
Mikhail Semenovich Greenberg
Keyword(s):  
Theoretical Analysis ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Status ◽  
Scope Of Application ◽  
The Subject ◽  
The Difference ◽  
The Impact

The Subject. The article is devoted to impact of coercion to the difference of legal statuses between law-obedient individuals and abusers.The purpose of the article is to identify the difference between the impact of coercion on law-obedient citizens and abusers.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of social modeling.Results, scope of application. It is proved that a certain difference (in the categories of phys-ics) should exist between the legal status of law-obedient individuals and abusers there is a certain difference. Where there is no such difference, there is no place for coercion.Conclusions. The author comes to the conclusion that the essence of any punishment is the deprivation of certain benefits, which means the difference between the status of a person who did not conflict with the criminal law and those who entered into such a conflict. The magnitude of the difference depends on the severity of the crime.

scholarly journals REGULATING PRIVATE SECURITY COMPANIES (PSCs) AND PRIVATE MILITARY COMPANIES (PMCs) UNDER THE LAW OF TIMOR­LESTE

2015 ◽  
Vol 26 (3) ◽  
pp. 472
Author(s):  
Salvador Soares ◽  
David Price
Keyword(s):  
Legal Status ◽  
Private Security ◽  
Critical Discussion ◽  
Private Security Companies ◽  
Post Conflict ◽  
Private Military Companies ◽  
Timor Leste ◽  
The Subject ◽  
The Impact ◽  
Security Companies

Use  of  Private  Security  Companies  (PSCs)  and  Private  Military  Companies  (PMCs)  in  conflict  and post-conflict  countries  has  been  the  subject  of  ongoing  critical  discussion  among  scholars  and  media for many years. This paper assesses the legal status and responsibilities of PSCs and PMCs, and their operation in Timor-Leste where they are not properly regulated. It examines key legal issues, such as their definition and roles, scope and limits of operations, approved and prohibited activities, accountability, and monitoring. The paper also examines the impact of PSCs and PMCs on Timor-Leste law and society and offers astatutory framework for their management and regulation. Implementasi Private Security Companies (PSCs) dan Private Military Companies (PMCs) dalam negara yang sedang berkonflik dan pasca berkonflik telah menjadi subjek pembahasan penting diantara akademisi dan media massa selama bertahun-tahun. Penulisan ini akan menilai status hukum dan kewajiban PSCs dan PMCs, dan pelaksanaan kerja kedua lembaga tersebut di Timor-Leste dimana belum ada pengaturan yang mumpuni. Penulisan ini menganalisa isu-isu krusial mengenai beberapa pengaturan, seperti definisi dan peran, batasan dan ruang lingkup kerja, aktivitas yang diperbolehkan dan yang dilarang, akuntabilitas, serta pengawasan. Penulisan ini juga menganalisa implikasi dari PSCs dan PMCs di tatanan hukum dan masyarakat Timor-Leste, serta menawarkan sebuah kerangka undang-undang untuk manajerial dan pengaturan kedua lembaga tersebut.

Managing Service Quality, Food Quality, Price Fairness and Customer Retention: A Holistic Perspective

2020 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ammar Ahmed ◽  
Rafat Naseer ◽  
Muhammad Asadullah ◽  
Hadia Khan
Keyword(s):  
Service Quality ◽  
Food Quality ◽  
Service Sector ◽  
Customer Retention ◽  
Price Fairness ◽  
Policy Makers ◽  
Restaurant Management ◽  
The Subject ◽  
Research Propositions ◽  
The Impact

In this competitive environment, organizations strive to satisfy their customer by providing best quality service at affordable and fair prices with a view to enhance their revenues. To achieve the objective of revenue maximization, organizations strive to identify the factors that help them in retaining their customers. Drawing from the signalling theory of marketing, the current study proposes a novel conceptual model representing the impact of service quality with food quality and price fairness on customer retention in restaurant sector of Pakistan. The paper underlines an important arena of knowledge for academicians as well as organizational scientists on the subject. On the basis of literature available on the variables understudy, the present study forwards eight research propositions worthy of urgent scholarly attention. The conceptualized model of the present article can also be viewed significant in unleashing further avenues for the restaurant management entities, policy makers and future researchers in the domain of managing in the service sector businesses.

Solow economy model

2019 ◽  
pp. 150-157
Author(s):  
Oleksandr Synenko ◽  
Kateryna Yarema ◽  
Yuliia Bezsmertna
Keyword(s):  
Economic Growth ◽  
Regression Analysis ◽  
Solow Model ◽  
Economy Model ◽  
Accelerated Depreciation ◽  
Basic Parameters ◽  
The Subject ◽  
Investment Process ◽  
The Impact ◽  
Model Algorithm

The subject of the research is the approach to the possibility of using the Solow model to perform the regression analysis on the example of the Ukrainian economy model. The purpose of writing this article is to investigate the notion of regres- sion analysis, Solow’s economy model, algorithm for performing regression analy- sis on the example of Ukraine’s economy model. This model can be adapted for the economy of enterprises. Methodology. The research methodology is system-struc- tural and comparative analyzes (to study the structure of GDP); monograph (when studying methods of regression analysis on the example of the Ukrainian economy); economic analysis (when assessing the impact of factors on Ukraine’s GDP). The scientific novelty consists the features of the use of the Solow model on the ex- ample of Ukrainian economy are determined. An algorithm for calculating the basic parameters of a model using the Excel application package is disclosed. The main recommendations on the development of the national economy and economic growth through the use of macroeconomic instruments are given. Conclusions. The use of the Solow model enables forecasting and analysis. The results obtained re- vealed the problem of low resource return of capital as a resource, along with the means of macroeconomic regulation of the investment process, using which can improve the situation. A special place in these funds belongs to the accelerated depreciation and interest rate policies.

Assessment of small businesses activities in Ukraine

2019 ◽  
pp. 40-47
Author(s):  
Igor Ponomarenko ◽  
Kateryna Volovnenko
Keyword(s):  
Comparative Analysis ◽  
Statistical Analysis ◽  
Small Business ◽  
Small Businesses ◽  
Government Agencies ◽  
Small Enterprises ◽  
The Subject ◽  
Business Entities ◽  
The Impact ◽  
Micro Enterprises

The subject of the research is a set of approaches to the statistical analysis ofthe activities of small business entities in Ukraine, including micro-enterprises. The purpose of writing this article is to study of the features of functioningof small business entities in Ukraine. Methodology. The research methodology isto use a system-structural and comparative analysis (to study the change in thenumber of small enterprises by major components); monographic (when studyingmethods of statistical analysis of small businesses); economic analysis (when assessing the impact of small business entities on socio-economic phenomena andprocesses in Ukraine). The scientific novelty consists to determine the features ofthe functioning of small businesses in Ukraine in modern conditions. The influenceof the activities of the main socio-economic and political indicators on the activities of small enterprises in recent periods of time has been identified. It has beenestablished that there is flexibility in the development of strategies by small businesses in conditions of significant competition, which makes it possible to quicklyrespond to changing situations in specific markets. Conclusions. The use of acomprehensive statistical analysis of small businesses functioning in Ukraine willallow government agencies to develop a set of measures to optimize the activitiesof these enterprises, which ultimately will positively affect the strengthening oftheir competitiveness and will contribute to the growth of the national economicsystem.

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