scholarly journals Biological Damage, as a Special Figure of Non-pecuniary Damage and Problems Encountered in Albanian Jurisprudence

2019 ◽  
Vol 2 (2) ◽  
pp. 92
Author(s):  
Juliana Bylykbashi ◽  
Eneida Sema Dervishi
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Companies ◽  
European Convention ◽  
Biological Damage ◽  
Health Damage ◽  
The Subject ◽  
Injured Party ◽  
The Republic ◽  
Insurance Compensation

Non-pecuniary damage is one of the institutes of civil law that aims to protect and restore the rights of personality laid out in certain provisions of the Constitution of the Republic of Albania and expressly referred to in Article 8 of the European Convention on Fundamental Human Rights and Freedoms. Judicial jurisprudence has rendered non-pecuniary damage in the case of health damage, physical or psychological integrity in three separate types of damage: biological damage, moral and existential damage. The subject of this paper will be one of the figures of non-pecuniary damage, biological damage or otherwise called damage to health, being a matter of little or no treatment and the problems it faces in Albanian jurisprudence. One of the topics to be dealt with in this paper is the manner and criteria for calculating health insurance compensation, a topic that has met discussions about the actual value of the compensation or the value of the expected income that the injured party or relatives should receive from social insurance. In the provisions related to the value of the compensation coverage, insurance laws and bylaws foresee certain limitations, not only in the method of calculating non-pecuniary  damages, but also with regard to the minimum amount of insurance coverage by the insurance companies. Referring to Albanian court practices there have been cases where there has been discrepancies in the calculation of biological damage between the insurance companies and the court.

Actual Problems of Compensation for Health Damage Caused During the Performance of Labor Duties

2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Fund ◽  
Controversial Issues ◽  
Medical Organization ◽  
Social Insurance Fund ◽  
The Social ◽  
Health Damage ◽  
The Right

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.

EFFECT OF VOLUNTARY HOME INSURANCE IN A REGION WITH LOW INSURANCE COVERAGE

2020 ◽  
Vol 10 (8) ◽  
pp. 1690-1708
Author(s):  
L.K. Subrakova ◽  
◽  
K.V. Ertiletskaya ◽  
Keyword(s):  
Growth Rate ◽  
Comparative Method ◽  
Insurance Coverage ◽  
Economic Effect ◽  
Insurance Companies ◽  
Insurance Premiums ◽  
Emergency Situations ◽  
Percentage Points ◽  
Regional Budget ◽  
The Republic

The insufficient level of insurance services development in Russia is combined with high risks of losses from emergencies. Compensation to the population for damage or loss of housing as a result of fires, natural disasters, communal accidents and other events occurs mainly at the expense of state funds from the federal and regional budgets. Using the example of the Republic of Khakassia, the article examines the dynamics of performance indicators of insurance companies with their participation in regional programs of voluntary home insurance against emergency situations. The aim of the study is to substantiate the positive economic effect of programs of voluntary insurance of housing by citizens with the participation of funds from the federal, regional budget and insurance companies in compensation for damage from emergencies. Research objectives include: analysis of the risks of emergencies in the Republic of Khakassia; regional features of the insurance market; assessment of the effectiveness of insurance companies’ participation in the voluntary house insurance program against emergency. The materials for this study were regulatory legal acts, data from state statistics, reports of federal authorities, expert assessments on this topic. An empirical research to assess the amount of insurance premiums for voluntary insurance in the Republic of Khakassia was carried out using modeling methods, to determine the number of households in the region, an extrapolation method was used, and a comparative method was used to assess the calculation results. The effect of voluntary insurance of housing against emergencies in the region was obtained in the form of an increase in indicators: the depth of insurance by 0.08 percentage points, the degree of coverage of the insurance field - by 5.27 percentage points, excess of the growth rate of insurance premiums compared to the growth rate consumer prices - by 0.4 pp.

scholarly journals Konstytucyjne podstawy prawa ubezpieczeń społecznych

2019 ◽  
Vol 16 (3) ◽  
pp. 7-20
Author(s):  
Krzysztof Ślebzak
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Insurance Law ◽  
The Subject ◽  
The Republic

The subject of this paper is related to the legal bases of social insurance law in the light of the 1997 Constitution of the Republic of Poland. The considerations undertaken herein indicate that although the Polish Constitution gave expression to the idea of social security, it seems that only on this foundation is the existence of the constitutional bases for distinguishing social insurance or social security law reasonable.

scholarly journals Analysis of insurance in agriculture of the Republic of Serbia in the period 2009-2018.

2020 ◽  
Vol 2 (2) ◽  
pp. 99-109
Author(s):  
Mladen Petrović ◽  
Vedran Tomić ◽  
Robert Radišić ◽  
Nikola Ljiljanić
Keyword(s):  
Agricultural Development ◽  
National Level ◽  
Descriptive Statistics ◽  
Insurance Companies ◽  
Agricultural Insurance ◽  
Current State ◽  
The Subject ◽  
Main Factors ◽  
The Republic ◽  
Desk Research

The subject of this paper is the analysis of agricultural insurance in the Republic of Serbia, which includes the types of agricultural insurance that exist in Serbian insurance market, the subjects that could be insured, as well as the insurance companies that are active in agricultural insurance at national level. The main goal of paper is to define the basic terms in agricultural insurance and to show the products and procedures in agricultural insurance offered by the insurance companies. Additional goal is to show the level of development and coverage of agricultural insurance in Serbia, as well as to point out the importance of insurance for agricultural development. In paper are used descriptive and deduction method, as well as desk research and descriptive statistics methods. Based on the conducted research, it is concluded that the current state in agricultural insurance in Serbia is quite low, while the main factors influencing this situation are underdeveloped agriculture and the fact that agricultural insurance is not mandatory. Insurance is significantly more represented in the crop than in livestock production.

scholarly journals Insured person and insured risk in liability insurance for damages caused by the influence on the environment

2020 ◽  
Vol 54 (2) ◽  
pp. 635-649
Author(s):  
Vladimir Marjanski ◽  
Sandra Fišer-Šobot
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
Liability Insurance ◽  
Insurance Companies ◽  
Insurance Policy ◽  
Environmental Damages ◽  
Insured Person ◽  
The Subject ◽  
The Republic

Liability insurance for environmental damages has been existing in some European countries and in the United States for more than a hundred years. In the Republic of Serbia, however, this type of insurance is still quite underdeveloped. The subject matter of this paper is the analysis of, according to the authors' opinion, two most important issues of liability insurance for damages arising out of the harmful influence on the environment. The first question is who is capable of being an insured person in this type of insurance and the second one, what represents an insured risk and how it should be described when formulating an insurance policy. In the paper these two aspects have been analyzed according to the applicable laws of the Republic of Serbia, relevant international documents and general and specific terms and conditions of domestic and foreign insurance companies.

scholarly journals Personalna subrogacija u odnosu prema pravu regresa osiguratelja i ustupanju tražbine – cesiji

2021 ◽  
Vol 11 (1) ◽  
pp. 79-90
Author(s):  
Jadranka Nižić-Peroš
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Civil Proceedings ◽  
Legal Position ◽  
The Subject ◽  
Injured Party ◽  
Court Proceedings ◽  
The Right ◽  
Court Expert ◽  
Insurance Compensation

The subject of this paper is a review of legislation and case law regarding personal subrogation, recourse obligation and recourse claim of the insurer for payment of insurance compensation as well as determining the amount of payment of recourse claim in civil proceedings before the court and assignment of the claim - cession. The paper starts from the point of view that the terms and institutes of subrogation, recourse and cession are very similar and that they are often identified, so we try to clearly distinguish what exactly the term refers to. In Croatian law, the right of subrogation of the insurer is most often understood as legal personal subrogation where by paying the insurance compensation the insurer assumes the legal position of its insured and consequently enabling the insurer to claim damages against the responsible person . In addition to the above, the paper also considers the statute of limitations for insurers’ recourse rights. Furthermore, the author starts from the point of view that in court proceedings initiated for recourse payment it is necessary for the court expert to clearly determine the parameters based on which the court will be able to assess in a certain percentage the possible contribution of the injured party to the damage towards the plaintiff, namely the insurer.

scholarly journals Critique of two decicions of Constitutional Court of the Republic of Srpska / Kritika dvije odluke Ustavnog suda Republike Srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 114
Author(s):  
Milan Blagojević
Keyword(s):  
Social Insurance ◽  
Public Authority ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Subject ◽  
Internal Morality ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
In The Beginning

The subject of this paper are two decisions of Constitutional Court of the Republic of Srpska which set in motion not only the question of constitutionality of one statute from the area of social insurance, but the questions of internal morality of the state and law as well. Beginning part of the paper is preceding to introduction into that problem, and in the beginning part the author, by the example from the judicial practice, point out an unconstitutional practice due to which in the area of social insurance is infringed the right on property by inactivity of competent organs of public authority. The infringement of the same right is caused by statute provisions analised in the paper. It is word on provisions of the Law on social insurance in the Republic of Srpska, by which is prescribed that the pensions will be determined again for some of beneficiaries, what in practice means that their pensions will be decreased, and that for some of other beneficiaries it will not be done. This unconstitutional behaviour of legislator, due to which the right on property and equality before the law are infringed, are tried to be resolved by the Constitutional Court of the Republic of Srpska in its two decisions by opinion according to which it is a matter of policy of legislator and suitability to prescribe whether the pensions will be determined again for all or for some beneficiaries. This opinion is exposed to the criticism in the paper.

scholarly journals Certain Solutions in the Law on Amendments to the Law on Criminal Procedure of the Republic of Srpska

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Veljko Ikanović
Keyword(s):  
Criminal Procedure ◽  
European Convention ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Injured Party ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

The author deals with the new position of the injured party in criminal proceedings, persons who may refuse to testify and exceptions from the direct presentation of evidence due to the unavailability of witnesses after the amendments to the Criminal Procedure Code of Republika Srpska from 2021. Starting from the current regulation of this matter, pointing to the solutions in the comparative legislation, the analysis of these changes indicates the consequences of such inconsistent and in some institutes unnecessary and erroneous standardization of this sensitive matter. Attention is drawn to the contradiction between the decision on the privileged witness and juvenile legislation, which is in line with the conventions protecting their position, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In that sense, the legislator is critically pointed out the shortcomings of certain solutions and suggests appropriate changes and additions in order to eliminate the problems that may arise during their practical application.

Expanding Social Insurance Coverage to Informal Workers

10.1596/27932 ◽  
2017 ◽  
Author(s):  
Hernan Winkler ◽  
Elizabeth Ruppert Bulmer ◽  
Hilma Mote
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Informal Workers

Digitalization of Competition in the Insurance Market

2018 ◽  
Vol 11 (2) ◽  
pp. 121-128
Author(s):  
D. V. Bryzgalov
Keyword(s):  
Digital Technologies ◽  
Insurance Market ◽  
Insurance Companies ◽  
Sales Channels ◽  
Channel Competition ◽  
Research Findings ◽  
The Subject

The subject of the research is the influence of the insurance market digitalization on competition forms in insurance. The purpose of the research was to study the forms of competition and factors of competitiveness in the process of digitalization of insurance activities. The research findings revealed the specifics of competition between insurance companies in digital sales channels of insurance services, and identified groups of new factors in the competitiveness of insurance programs. The paper describes two models of the policyholder behavior typical for traditional and digital sales channels in the insurance market — classical and digital. It is concluded that the digitalization of the insurance market influences the competition between insurance companies making a shift towards the channel competition and contributing to the emergence of new competition factors for insurance programs developed with digital technologies.

Sign in / Sign up

Export Citation Format

Share Document