On the issue of legal guarantees for employees during public or public duties

2020 ◽  
pp. 26-31
Author(s):  
Alexander Іanushkevych
Keyword(s):  
The State ◽  
The Other ◽  
Labor Rights ◽  
Main Body ◽  
Role Of The State ◽  
Effective Performance ◽  
The One ◽  
The Individual ◽  
The Right ◽  
Favorable Conditions

Problem setting. The article analyzes the features of legal guarantees provided for employees during the performance of state or public duties, considers their essence and significance. It is concluded that their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other – ensures the appropriate level of legality and compliance with c urrent regulations. Analysis of recent researches and publications. Some aspects of legal guarantees of labor rights in their publications covered the following scientists: S.Ya. Vavzhenchuk, T.M. Zavorotchenko, M.I. Inshin, V.L. Kostyuk, N.V. Kokhan, O.I. Protsevsky, O.A. Sytnytska, O.M. Yaroshenko, and others. The purpose of the article is to analyze the legal guarantees for employees during the performance of state or public duties, to reveal their essence and meaning. Article’s main body. The article is noted that the guarantees established by the state for employees during the performance of state or public duties (preservation of the place of work (position) and salary) are special protective equipment that supports and protects the employee in cases where he for reasons recognized by law respectable, did not work. The above-mentioned labor guarantees, which ensure the realization of the rights granted to employees, are both intangible (for example, preservation of the place of work, position) and material (preservation of average earnings). The purpose of the sums of money paid during this time is to en sure the preservation of the average earnings of the employee (in whole or in part), as well as to prevent the loss of these earnings. Thus, they are a form of realization of a legal guarantee of the right of employees to prevent the reduction or loss of their income and provide it by preserving the wages of employees, have a material nature. It is noted that the important role of the state in this matter. Whereas, in enshrining the rights and freedoms of the individual in law, he must undertake certain obligations to create favorable conditions for their effective provision: to provide citizens with real opportunities for the practical exercise of their rights and freedoms; to protect the rights and freedoms of the person from possible illegal encroachments; to protect the rights and freedoms of the person in case of their illegal violation. Conclusions and prospects for the development. After analyzing the features of legal guarantees provided for employees during the performance of state or public duties, we can note their importance and significance, especially today. Their presence, on the one hand, contributes to the quality and effective performance of their duties by a citizen, on the other hand, ensures the appropriate level of legality and compliance with the provisions of applicable regulations.

On the question of legal warranties when renewing at work

2020 ◽  
pp. 78-82
Author(s):  
Stanislav Kuksin
Keyword(s):  
Social Insurance ◽  
Legal Protection ◽  
The State ◽  
Labor Rights ◽  
Main Body ◽  
Negative Consequences ◽  
Human Right ◽  
Effective Performance ◽  
Effective System ◽  
The One

Problem setting. The article considers the legal guarantees for the re-employment of employees, their nature and significance, as well as draws attention to case law, in particular, states that employees who believe that their rights have been violated can go to court to protect it. It is emphasized that today the observance of legal guarantees of labor rights of citizens occupies one of the important places in the system of universal values and is a prerequisite for the formation of the state and society, which ensure the human right to a decent standard of living. Because, without an effective system of legal guarantees, it is impossible to ensure the unimpeded exercise of the rights granted to every citizen. Analysis of recent researches and publications. Issues of social insurance were the subject of research by such scientists as V.M. Andriyiv, S. Ya. Vavzhenchuk, O.O. Duma, M.I. Inshin, O.A. Sytnytska, O.V. Smirnov, O.M. Yaroshenko, and others. The purpose of the article is to explore the legal guarantees for the renewal of employees, their nature and significance. Article’s main body. Legal guarantees of labor rights when resuming employment are considered as a separate, independent, legal category, which is a set of general and special legislation means, methods and conditions of implementation, protection and protection from wrongful violations of labor rights, freedoms and interests of employees. It is noted that the reinstatement of an employee as a means of protection contributes to the return of his lost condition – the restoration of labor relations. Implementation of this measure in case of dismissal of an employee without legal grounds or in violation of the established procedure is ensured by the implementation of the law enforcement body of the state – the court – certain actions that are reduced to guaranteeing (compulsory security) the employee’s right to work. Conclusions and prospects for the development. It is concluded that the legal guarantees of labor rights during reinstatement are designed, above all, to minimize the negative consequences for employees, to prevent a decrease in the level of social and legal protection of employees. The presence of real guarantees, on the one hand, contributes to the quality and effective performance of their employment function, on the other – their availability ensures the appropriate level of legality and compliance with current regulations by the parties to the employment relationship.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

scholarly journals Analysis of Mass Medias Effect on Formation Youths Mindset in the Media Landscape

2019 ◽  
Vol 8 (4) ◽  
pp. 763-773
Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko
Keyword(s):  
Information And Communication Technologies ◽  
The State ◽  
The Other ◽  
Young Generation ◽  
Government Control ◽  
Role Of The State ◽  
Youth Media ◽  
The Media ◽  
The Right ◽  
The Impact

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.

Domination and Dereliction: Exploring the State's Roles in Burma

2012 ◽  
Vol 71 (2) ◽  
pp. 361-370 ◽  
Author(s):  
Jacques P. Leider
Keyword(s):  
Environmental Policies ◽  
The State ◽  
The Other ◽  
Authoritarian State ◽  
Role Of The State ◽  
The One

What these four quite different books broadly share is a focus on the role of the state in Myanmar society. Current scholarship describes the authoritarian state in Myanmar, which has been controlled by the army since 1962, as either dominantly present or neglectfully absent. Censorship and the repression of autonomous spaces in society, on the one hand, and the failure of the state to enforce efficient health and environmental policies, on the other, are keywords in these works that illustrate the double-faced appearance of the state's existence and role in society.

scholarly journals Legal aspects of technical assistance in urban landholding regularization provided for in the Brazilian Law 11888/2008 and its impact in the state of Paraíba, Brazil

2019 ◽  
Vol 10 (2) ◽  
pp. 20-32
Author(s):  
George Baracuhy Cruz Viana ◽  
Edson Ricardo Saleme
Keyword(s):  
Low Income ◽  
Technical Assistance ◽  
Legal Aspects ◽  
The State ◽  
Sustainable Environment ◽  
Role Of The State ◽  
Deductive Method ◽  
Low Income Families ◽  
The Individual ◽  
The Right

This paper analyzes the role of the state in its mission of ensuring the existence of sustainable cities with adequate housing and meeting the standards set by current legal dictates. For this purpose, firstly, the right to housing guaranteed by the current Constitution, in its article 6 caput, is assessed as one of the most basic needs of the individual, considered a fundamental right since 1948 by the Universal Declaration of Human Rights. This paper also investigates the guarantee of decent housing for the citizen is effective, as provided for in the City Statute, Law No. 10257, 2001, especially with the publication of Law n. 11.888 /2008, which guarantees free public assistance in the project and construction of social housing for low-income families. This rule regulates the hiring of professionals who, while preserving their urban legislation, ensure compliance with an adequately sustainable environment. This article will use the hypothetical-deductive method and the bibliographic research methodology.  

The cause of petaloid colouring in ‘Apetalous’ Flowers

1933 ◽  
Vol 49 (328) ◽  
pp. 199-218 ◽  
Author(s):  
Edith R. Saunders
Keyword(s):  
Vascular Anatomy ◽  
The Other ◽  
Central Cylinder ◽  
Individual Member ◽  
Vascular Bundles ◽  
Marginal Vein ◽  
Surface Appearance ◽  
The One ◽  
The Individual ◽  
The Right

SUMMARY The typical dichlamydeous cyclic Dicotyledon is so organised that the petaloid character of the corolla can be regarded as a function of a certain combination of conditions as regards time and space: time, in so far that the petaloid feature occurs at a definite stage in the series of developmental processes, following, as it does, upon the differentiation of a (usually) uncoloured (i.e. green) calyx; space, in that it is exhibited on the set of radii alternating with the radii of the sepals. Penetrating a little below the surface appearance, we find we can express these same relations in terms of the vascular anatomy as follows. Those floral members (again taking the typical case) which receive as midribs the first set of equidistant bundles to leave the central cylinder show sepaloid characters; those similarly receiving as midrib bundles the outgoing strands on the alternate set of radii exhibit petaloid colouring. It is found that the marginal veins of the sepals of such Dicotyledon types arise in two different ways, less frequently as true lateral veins from the midribs, more often either through the detachment from the central cylinder on the alternate radii of trunk cords which dissociate in due course into a petal midrib and twin bundles which enter the adjacent side of the sepal to right and left, respectively, and become the marginal vein of that side; or through the departure of pairs of separate strands within the limits of the corresponding alternate sectors. In typical monochlamydeous cyclic Dicotyledons radial organisation follows the same scheme as in dichlamydeous types, notwithstanding that the perianth here takes the form of a single whorl of structures. Such monochlamydeous types may be divided into two classes. In the one class only the issuing vascular bundles on the corresponding set of radii enter the perianth members. These bundles become the midribs. They may give off lateral veins at any point or may remain unbranched. In either case the individual member is homologous with the individual sepal and is typically green. In the other class each member receives not only the bundle on its own radius but also half the perianth component proper to the alternate radius on each side, either as separate strands or (in gamophyllous types) as undisjoined components of perianth-stamen trunk cords. The first-mentioned bundle becomes the midrib of the tepal, the two others become marginal veins, the one entering the tepal on the right, the other that on the left. In forms belonging to this class the tepals are typically petaloid. Each may be regarded as the counterpart of one sepal of dichlamydeous types + half the neighbouring petal on either side. This equivalence is not infrequently indicated outwardly by the considerable thickness of the tepal members as compared with that of the sepals and petals of the nearest allied dichlamydeous forms. The accompanying drawings were made by Miss D. F. M. Pertz, to whom I desire to express my grateful thanks.

Who Will Tend the Vine? Pentecostalism, Parenting and the Role of the State in “London-Lagos”

2011 ◽  
Vol 4 (3) ◽  
pp. 450-470 ◽  
Author(s):  
Katrin Maier ◽  
Simon Coleman
Keyword(s):  
The State ◽  
The Other ◽  
Child Rearing ◽  
Role Of The State ◽  
The One ◽  
British State

AbstractWe explore the tensions evident among Nigerian Pentecostals in London between social and ideological insularity on the one hand, and a more outward-oriented, expansive orientation on the other. Analysis of these stances is complemented by the exploration of believers' actions within a material but also metaphorical arena that we term “London-Lagos.” Such themes are developed specifically through a focus on believers' relations with Nigerian and British state systems in relation to child-rearing—an activity that renders parents sometimes dangerously visible to apparatuses of the state but also raises key dilemmas concerning the proper and moral location of socialisation into Christian values. We show how such dilemmas are embodied in a play, written by a Nigerian Pentecostalist, termed “The Vine-Keepers.”

scholarly journals As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 585
Author(s):  
Luiz Henrique Urquhart Cademartori ◽  
Noel Antônio Baratieri
Keyword(s):  
Public Education ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Future Generations ◽  
Constitutional Amendment ◽  
Right To Education ◽  
Constitutional Evolution ◽  
The One ◽  
The Right

As cláusulas pétreas: a possibilidade de revisão constitucional de vinculações de receitas na área da educação Resumo: O artigo aborda os limites e as possibilidades de alteração de normas constitucionais que garantem vinculação orçamentária para funções típicas do Estado tais como a Educação Pública. O problema é saber se uma emenda constitucional supressiva da referida garantia orçamentária seria constitucional ou não. A hipótese que se suscita neste estudo procura delinear em que medida seria inconstitucional tal adoção, posto que estaria restringindo, indiretamente, um direito fundamental, no caso o direito à educação, mas, ao mesmo tempo, esta simples constatação encontraria entraves sob a ótica de uma democracia intergeracional. Considera-se, de uma parte, o direito à educação é protegido, originariamente, no âmbito constitucional brasileiro como cláusula pétrea, mas, de outra, gerações futuras ou problemas conjunturais governamentais posteriores à 1988 podem questionar a legitimidade de normas fundamentais originadas em contexto sociopolítico anterior. Para o desenvolvimento deste trabalho, primeiramente analisam-se as cláusulas pétreas e os limites ao poder reformador. A seguir, estudam-se as referidas cláusulas e a sua evolução constitucional. Posteriormente, faz-se uma análise da constitucionalidade de eventual emenda que suprima a vinculação obrigatória de receitas para a educação sob o prisma da proibição de retrocesso. Palavras chave: Cláusulas pétreas. Constituição. Educação. Retrocesso. Receitas públicas. Safeguard clauses: the possibility of constitutional reviewing the bonded educational income Abstract: The article deals with the limits and possibilities of altering constitutional norms that guarantee budgetary linkage to functions typical of the State as a Public Education. The problem is whether a constitutional amendment suppressing the standard budget guarantee would be constitutional or not. The hypothesis that arises in this study looks for what is necessary, is not a fundamental right, is not a case, but the same, this is a finding found obstacles from the point of view of an intergenerational democracy. It is considered, on the one hand, that the right to education is protected, originally, it is not very Brazilian constitutional as a stony clause, but, on the other hand, future generations or post-1988 governmental conjunctural problems may question the legitimacy of fundamental norms originated in context previous sociopolitical. For the development of this work, firstly they are analyzed like stone clauses and the limits to the reformer power. Next, they are studied as clauses of clauses and their constitutional evolution. Subsequently, an analysis is made of the constitutionality of any amendment that abolishes the mandatory binding of transfer to the critic of a prison of prohibition of retrocession. Keywords: Constitution. Education. Public income. Regression. Safeguard clauses.

scholarly journals Cinco décadas no son suficientes. Carta de una abuela a su querida nieta.

2020 ◽  
Vol 2 (29) ◽  
pp. 64-75
Author(s):  
Sofía Valdivielso Gómez
Keyword(s):  
Gender Identity ◽  
Education System ◽  
The Other ◽  
Men And Women ◽  
Gender Discourse ◽  
Open Country ◽  
The One ◽  
The Individual ◽  
The Right ◽  
The Impact

The text is a letter from a grandmother born in 1964 to her granddaughter born in August 2020. Through this letter, the grandmother tries to explain what the education she received in the seventies was like, as well as the events that took place during the transition from an isolated and dictatorial Spain to a democratic and open country. She does so from a double perspective. On the one hand, by focusing on women and, on the other, on the laws that have requested the educational system to introduce subjects into the curriculum that would highlight equality between men and women. The text has been structured over the decades to follow the lifeline that would allow the grandmother to describe and analyze some facts about the complex reality of the country. Among these facts, it examines the impact of the new discourses on gender identity in the education system. The new discourses reflected in the new laws move the gender discourse towards gender identity discourse. All of this takes place within the context of a capitalist and narcissistic post-modernity that has displaced the plural towards the singular, the collective towards the individual, and the right to desire.

scholarly journals The Belarusian Orthodox Church and Its Role in the Belarusian Regime

2021 ◽  
Vol 13 (2) ◽  
Author(s):  
Maria Avanesová
Keyword(s):  
The State ◽  
The Other ◽  
Russian Orthodox ◽  
Orthodox Church ◽  
Russian Orthodox Church ◽  
The One ◽  
Favorable Conditions ◽  
Church Organizations ◽  
The Church

This text, conceived as an interpretative case study, deals with the role that the Belarusian Orthodox Church plays in the contemporary Belarusian regime. In light of the fact that the Belarusian Orthodox Church is an exarchate of the Russian Orthodox Church, the author will also look at whether the Belarusian Orthodox Church can actually be considered an instrument of Russian in Belarus. Within the research, the author will show that on the one hand, there are favorable conditions for the development of the Belarusian Orthodox Church. But on the other hand, although the state declares the de facto independence of the Belarusian Orthodox Church, any opposition activity on its part is seen as a threat to the state, which allows the state to interfere with its policy. This leads church organizations in such systems to become significantly weakened within this “cooperation with the state”, even though they have an influence on society and thus a legitimizing potential. As a result, the church is strongly dependent on the state and limited as an actor in civil society within the Belarusian regime. In addition, the author will also conclude in the study that it is difficult to consider the Belarusian Orthodox Church to be a tool of the Kremlin’s influence.

Sign in / Sign up

Export Citation Format

Share Document