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.

EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY

2021 ◽  
Vol 3 (3) ◽  
pp. 76-95
Author(s):  
O.A. Serova
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Social Risks ◽  
Engineering Sciences ◽  
Subject Areas ◽  
The Subject ◽  
Object Of Study ◽  
The Impact

Introduction: digitalization has generated qualitative changes in many spheres of public life. The science of civil law cannot stay out of these changes. It is necessary to define new directions of scientific research, including in related fields of knowledge. Cross-sectoral research methods will take a key place in the study of the impact of digital technologies on public relations. Purpose of the research: identification of new thematic (subject) areas for the science of civil law. The relevance of these areas is determined by the high degree of penetration of digital technologies into economic and social processes. Methods: general scientific (dialectical) method, as well as such particular scientific methods of cognition, formal legal, comparative legal, logical. Discussion: a change in the subject areas of research under the influence of a new technological reality occurs in all sciences and fields of activity. Artificial intelligence technologies and robotic technology are being actively studied not only at the level of engineering sciences, mechatronics, etc., but also become an object of study in philosophy, ethics, medicine, linguistics and philology. Outside of this scientific context, research in the field of civil law is impossible. Representatives of other scientific areas determine social risks, threats and opportunities, which later take on specific outlines in the form of legal regulation models. Conclusions: the inclusion of the science of civil law in the subject areas of the new technological reality is dictated by the high social risks of technologization of law. For a long time, civil law managed to maintain a balance between the needs of civil circulation and the protection of the natural rights of citizens. Today, it is also necessary to maintain a balance between the development of digital technologies, reducing regulatory barriers and protecting the rights of citizens, as the least protected category of participants in the digitalization process.

scholarly journals The Impact of a New Industrial Revolution on the Development of Labor Law and Social Security Law

2019 ◽  
pp. 201-206
Author(s):  
K. D. Krylov
Keyword(s):  
Social Security ◽  
Industrial Revolution ◽  
Labor Law ◽  
Legal Regulation ◽  
100Th Anniversary ◽  
International Labor Organization ◽  
Fourth Industrial Revolution ◽  
Legal Traditions ◽  
International Labor ◽  
The Impact

The paper reflects the scientific discussions held at the VI Moscow Legal Forum on the 100th anniversary of the International Labor Organization, international legal regulation of labor and social security, the impact of the fourth industrial revolution on the development of labor law and social security law, manifestations of legal traditions and innovations in the field labor and social security.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

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.

Modernization of Social Security System Legal Regulation in Kazakhstan: Experience and Standards of the OECD Members Implementation

2018 ◽  
Vol 8 (8) ◽  
pp. 2498
Author(s):  
Gulzhan N. MUKHAMADIYEVA ◽  
Gulyiya MUKALDYEVA ◽  
Zhanar T. KARASHEVA ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Social Policy ◽  
Social Security ◽  
Doctoral Students ◽  
Social Protection ◽  
Oecd Countries ◽  
Legal Regulation ◽  
Social Risks ◽  
Wide Range ◽  
Protection Systems ◽  
Social Protection Systems

The main idea of the study is to substantiate legislative proposals, recommendations on the introduction in Kazakhstan of the standards of social protection systems of OECD member countries. As a result of the research, conclusions were drawn up aimed at improving the norms of the current legislation and law enforcement practice, and on modernizing measures to implement social policy in the context of the process of the progressive development of Kazakhstan as a social state. The purpose of the article is to develop recommendations, proposals focused on the further development of the legal framework of the social sphere in Kazakhstan as a perspective orientation of legal science and as the most important mechanism for implementing a number of constitutional human and citizen rights. The purpose of the study is limited to four main areas, namely the analysis of social protection systems of OECD countries in the event of the following social risks: disability, poverty, retirement age, and social security guarantees for the family and the child. The applied objective of the work is related to the justification and elaboration of a set of proposals to improve the current social legislation, proposals to increase the effectiveness of state social policy, to introduce the standards of OECD countries in the field of social protection into Kazakhstan's domestic law. Targeted users of the research results are the interested state bodies, the scientific community, students, undergraduates, doctoral students, a wide range of persons interested in the problems of legal provision of state social policy, social human rights.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals Legal grounds of the activity of the Central Committee on Prisoners of War and Refugees (1918-1919)

2020 ◽  
pp. 239-248
Author(s):  
Mikhail Aleksandrovich Zasypkin
Keyword(s):  
Legal Status ◽  
Central Committee ◽  
Legal Regulation ◽  
Prisoners Of War ◽  
Educational Process ◽  
Historical Knowledge ◽  
Foreign Intervention ◽  
The Subject ◽  
Legal Grounds

The subject of this research is the system and types of normative legal acts that regulate the establishment and activity of the Central Committee on Prisoners of War and Refugees as a part &nbsp;of the Council of People&rsquo;s Commissars on War Affairs of the RSFSR prior to being assigned to People's Commissariat for Interior Affairs of the RSFSR in May 1919. The establishment of migration authorities took place in the objectively severe conditions of civil war and foreign intervention, which affected their legal status. The scientific novelty of this work consists in provision of classification of legal acts in accordance with the legal force, subjects of compliance, content area, and the nature of regulations contained therein. The conducted research demonstrates that the formation of grounds of legal regulation of the activity of the Central Committee on Prisoners of War and Refugees tool place simultaneously with the establishment and development of the Soviet law as a new historical type of law, and these grounds are its constitute elements. The obtained results significantly broaden our historical knowledge, allow rationalizing experience of the past and implementing it in the educational process along with the current practice aimed at improvement of organization and activity of migration authorities.

scholarly journals The Impact of International Social Security Standards on Formalization of Social Risks in National Legislation

2017 ◽  
pp. 97-105
Keyword(s):  
Social Security ◽  
The State ◽  
Point Of View ◽  
International Standards ◽  
The Self ◽  
International Treaties ◽  
National Legislation ◽  
Social Risks ◽  
Security Standards ◽  
The Impact

The article deals with the international standards of social security from the position of stipulation of social risks in them. On the basis of the state self-limitation theory, the author concludes that there exists a process of self-limitation in the field of social security. By ratification of international treaties establishing standards in the field of social security, a state limits itself. Thereby the state makes a commitment to support its citizens in prevention, overcoming, and compensation of social risks. It demands from the state to formalize the social risks in the national legislation. It is proved that formalization of social risks in national legislation is an inner aspect of the self-limitation process in the field of social security. Some social risks might be also stipulated in international documents, in particular, in the UN and the International Labour Organization instruments. Both internal and external aspects of the self-limitation process in the field of social security are in close interrelation. At the same time, implementation of certain international standards entails significant financial and organizational budget expenditures, therefore such standards can be implemented in part. From the author’s point of view, it is the internal aspect of self-limitation that serves as a guarantee from arbitrariness of a legislator in formalization of social risks.

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