The Social Assistance Act in view of the Amendment of 19 July 2019: selected issues pertaining to county self-governments

2020 ◽  
Vol 35 (4) ◽  
pp. 68-89
Author(s):  
Michał Soćko
Keyword(s):  
Mental Health ◽  
Subject Matter ◽  
Social Assistance ◽  
Point Of View ◽  
Life Situation ◽  
Legal Method ◽  
Legal Provisions ◽  
The Social ◽  
Legal Texts ◽  
The Subject

The subject matter of this article is the analysis of the new provisions introduced in the Act on social assistance by the amendment of 19 July 2019 on the amendment to the Act on social assistance and the Act on mental health protection, in particular from the point of view of the activities of county (powiat) self-government. At the beginning, the reasons and scope of the changes are outlined. Subsequently – to a broader extent – the article examines the provisions introducing the possibility to limit leaving the nursing homes independently by their residents and new sanctions in the form of limiting the amount or size of the benefit in the event of the lack of cooperation of the person or family in resolving their difficult life situation. All considerations are summarized in the last section of the article. Due to the fact that the subject matter of the article is current legal solutions, the basic method of research is the dogmatic and legal method, consisting of a juridical analysis of the relevant legal provisions. The study of legal texts has been enriched to an appropriate extent by presenting views of doctrine and jurisprudence.

Cash benefits from social assistance in the light of the jurisprudence of administrative courts – selected problems. Part 2

2021 ◽  
Vol 36 (1) ◽  
pp. 153-190
Author(s):  
Sywia Łakoma
Keyword(s):  
Subject Matter ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Financial Capacity ◽  
The Past ◽  
The Social ◽  
The Subject ◽  
Cash Benefits ◽  
Administrative Courts

The aim of this study is to present social assistance benefits in cash in terms of the jurisprudence of administrative courts. The analysis of the provisions of the Act on Social Assistance and the case law related to the indicated subject matter confirms that the granting of optional benefits in cash – which are the subject of this part of the article – takes place under administrative approval. As a result, meeting the positive prerequisites for a given benefit, with the simultaneous lack of negative prerequisites, does not have to mean that the expected aid is to be obtained. In this case, the principles and objectives of social assistance, including the principle of subsidiarity, are of a great importance. This principle results, first of all, in the obligation to independently undertake actions – by persons or families interested in receiving assistance – in order to overcome a difficult life situation. Only when this is not possible, support is provided by social assistance bodies. Then, however, great importance – which is emphasized in the judicature – is attached to the cooperation of individuals or families with social assistance bodies. The jurisprudence presented in the study also confirms that the significance for granting optional benefits is the use by an individual in the past or at the time of applying for of other social assistance specific benefits. These circumstances, in the best case, may affect the amount of the benefit granted, but may also result in refusal of performing its payment, among others, due to the justified needs of other people. Additionally, the judicature points out that the refusal to grant optional cash benefits may also be affected by the limited financial capacity of the social assistance body (Article 3 (4) of the Act on Social Assistance). This is one of the elements that distinguish these benefits from obligatory benefits in cash, including, in particular, the periodic allowance, where the limited financial capacity of the social assistance body may only affect the amount of the benefit, but may not be the basis for refusal to grant it.

FUNCTIONING OF SOCIAL WELFARE ON THE EXAMPLE OF THE CITY OF ŁAZY

2018 ◽  
Vol 19 (3) ◽  
pp. 159-175
Author(s):  
Radosław Wolniak
Keyword(s):  
Social Welfare ◽  
Research Methods ◽  
Critical Analysis ◽  
Social Assistance ◽  
Point Of View ◽  
Proper Functioning ◽  
The Social ◽  
The Disabled ◽  
The Subject ◽  
The City

The aim of the publication is to analyse the functioning of social assistance on the attachment of the municipal office in Łazy and to determine the level of involving of this city in the social welfare activities. The work assumes the hypothesis that the municipal office in Łazy is strongly involved in welfare activities. Social assistance is an important element of the proper functioning of local self-government. It is very important from the point of view of all kinds of groups of people excluded, for example the disabled, who are unable to function without this kind of help. The research methods adopted at work were critical analysis of the subject literature and analysis of documentation from the office.

Monetary benefits from social assistance in the light of the jurisprudence of administrative courts – selected issues. Part 1

2021 ◽  
Vol 35 (6) ◽  
pp. 135-169
Author(s):  
Sylwia Łakoma
Keyword(s):  
Social Welfare ◽  
Social Assistance ◽  
Case Law ◽  
Life Situation ◽  
Living Situation ◽  
Public Funds ◽  
The Social ◽  
The Subject ◽  
Administrative Courts ◽  
Unique Source

The aim of this study was to present monetary benefits from social welfare in terms of the jurisprudence of administrative courts. The analysis of this case law confirms that the granting of obligatory monetary benefits – which are the subject of this part of the article -– such as the permanent allowance and the periodic allowance, depends on the fulfilment of positive conditions, with no negative circumstances at the same time. The latter, depending on their nature, are or may be considered leading or may lead to the conclusion that the provision of the benefit is or may be contrary to the principles and objectives of social welfare, including the principle of subsidiarity. Providing monetary benefits from social welfare, including – which should be emphasized – also obligatory benefits, requires not only the fulfilment of positive conditions, but also confirmation that the provision of assistance will be consistent with the principles and objectives of social welfare, including the pr – as it is noted in the judicature – including determining whether the person concerned undertakes actions aimed at improving their situation, actively cooperating in this respect with the social welfare body, or whether they only expect support. Each person – before asking for help – is first and foremost obliged to fully use their own powers, resources and possibilities to overcome a difficult life situation, and if they do not fulfil this obligation, then – as confirmed by the jurisprudence – there is no basic condition for providing such a person with assistance from public funds. One of the basic goals set out in the Act on social assistance is the activation of beneficiaries and making them independent. Social assistance is only of a temporary nature and assumes the development of appropriate attitudes among its users. It cannot, under any circumstances, turn into a permanent and unique source of income for people applying for it. A negative settlement of the application of a person applying for social assistance benefits does not have to mean a violation of the general principles of granting assistance, and may only prove that, in a specific case, there are no grounds for the applicant to exercise the rights provided for in the Act. The purpose of social assistance is to provide support, not to replace individual efforts to improve the living situation of a specific person. Permanent allowance and periodic allowance referred to in this study fulfil this function.

scholarly journals Sports Terminological Phraseological Units on the Social News Website Reddit.com

2020 ◽  
pp. 327-334
Author(s):  
O.V. Korzun
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Figurative Meaning ◽  
The Social ◽  
News Website ◽  
The Subject ◽  
Lexical Composition ◽  
Social News

The article deals with the specific features of the sports terminological phraseological units on the social news website Reddit.com. The author traces the development of the term “terminological phraseological unit” and gives a brief account of key works in this field. The subject matter of this study consists of the analysis of sport terminological phraseological units from the point of view of lexical, lexical-grammatical, stylistic and sociological aspects. The author demonstrates that the website users actively resort to terminological phraseological units both in the direct and figurative meaning. These units vary in their structure, lexical composition and field of application. Special attention is paid to the etymology of some units and their use within the different sections of the website.

scholarly journals Hukum Islam dan Perubahan Sosial (Studi Epistemologi Hukum Islam dalam Menjawab Tantangan Zaman)

2019 ◽  
Vol 19 (1) ◽  
pp. 27
Author(s):  
Muhammad Sulthon
Keyword(s):  
Subject Matter ◽  
Open Space ◽  
Social Dynamics ◽  
Islamic Law ◽  
Legal Provisions ◽  
The Social ◽  
True Meaning ◽  
The Subject ◽  
Changing Times ◽  
The Times

Deconstruction of Islamic law in accordance with the subject matter that is in harmony with the social dynamics become mainstream. This deconstruction is epistemelogi idea is applied in the form of social thought Islamic thinker Islamic law. In the Koran legislation contains general principles and legal-specific. The general principles are the true meaning and arguments behind-specific legal provisions, sometimes explicitly stated also accompany expressions of legal-specific. In the renewal of ideas Islamic law, substantive attention to texts that are definitive (absolute) and zhanni (relative). The distinction between qath'i with zhanni so stressed, because in this case it is an open space for diligence in order to respond to changing times. Deconstruction of Islamic law seeks to find knowledge that is rooted to the moderate Islamic knowledge and adaptive to the times.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

THE METADIALOGUE CONCEPT IN ITS LINGUISTIC ASPECT

2019 ◽  
Vol 29 (5) ◽  
pp. 721-726
Author(s):  
Yu.V. Kupriyanova ◽  
I.M. Vasilyanova
Keyword(s):  
Subject Matter ◽  
Dynamic Structure ◽  
Point Of View ◽  
Semantic Relations ◽  
Human Cognition ◽  
Main Research ◽  
Key Points ◽  
Research Findings ◽  
The Subject ◽  
Linguistic Aspect

The article summarizes the key points in the development of the metadialogue phenomenon from a linguistic point of view. Some stages of the development of this concept and the difficulties associated with its structuring are covered. The main research findings of modern foreign and domestic experts on its study are considered. Some characteristics of the subject of the research from the standpoint of various pragmatic installations are given. On the basis of the dynamic structure of the metadialogue development, certain principles of semantic relations connected with the dialectical nature of human cognition are presented. Excursion into the history and evolution of the concept is presented. Several types of formulation of the subject matter are given. In accordance with the goal of speech exposure, internal problems of the development of metadialogue are highlighted and the critical points related to solving these problems are described. The rules of metadialogue flow are explained at the level of steps, the success/failure of which directly affects the final result of communication. The prospects of development of the concept research in accordance with various types of discourse are indicated.

Potencjał kooperacji turystycznej i piłkarskiej w państwach Grupy Wyszehradzkiej

2019 ◽  
Vol 17 (1) ◽  
pp. 351-375
Author(s):  
Mateusz Rafał ◽  
Dominik Borek
Keyword(s):  
Subject Matter ◽  
Social Initiative ◽  
Cultural Proximity ◽  
Tourism Sector ◽  
The Social ◽  
Social Potential ◽  
The Subject ◽  
Migration Crisis ◽  
Visegrad Group ◽  
Visegrád Countries

This article takes up the innovatory subject of cooperation in the field of football and the tourism sector by the Visegrad Group states. The subject matter of this study has not been widely discussed in the literature, hence most of de lege ferenda postulates are open to further discussion. The current Visegrad Group was created as a political project, not an evolutionary social initiative. This does not mean, however, that the societies of its member states are significantly different from each other, and the structure itself is exotic. The benefits of an extended cooperation, which seems not to have an alternative, for all the participants are fully understood. Therefore, the direction of common thinking about maximizing profits in the developing sector of tourism, and making the most of the social potential of football, can be an attractive platform for international dialogue and extended cooperation among the V4 countries. The baggage of history, geographic and cultural proximity, the migration crisis, as well as the imperialist policy of the neighbouring Russia effectively motivate to strengthen cooperation and create stronger mechanisms with each other. It is indisputable that the tendencies for cooperation in the Visegrad countries are not a novelty.

Subjective Point of View of a Student on Ways of Subject Matter Structure Creation by the Teacher

2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Subjective Perception ◽  
Cognitive Frames ◽  
Teacher Work ◽  
Approach To Teaching ◽  
The Subject ◽  
Definition Of ◽  
Level Of Understanding ◽  
Education Process

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

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