THE CONCEPT OF „EMPLOYMENT LAW” IN THE LIGHT OF THE COMPETENCES OF THE STATE LABOUR INSPECTORATE

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 205-215
Author(s):  
Olgierd Kucharski

The aim of the work was to present the factual competence of the State Labour Inspectorate and its analysis against the concept of „employment law”. This issue was presented on the basis of the classification of positions of the doctrine regarding „employment law” presented by B.M. Ćwiertniak. The review was carried out from the Act of 1981, which was a model solution for the „classical” labour law of the industrial era, to the current state based on the Act of 2007 and its amendments. The analysis has shown that this body is currently engaged in the control and supervision of „work” in its broadest sense. This is related to the fact that the material competence covers not only issues related to the employment relationship, but also the legality of employment, remuneration from the civil law relationship, social security obligations, bans on trade on Sundays and public holidays carried out regardless of the legal basis of employment. Therefore, from a formal point of view, the creation by the legislator of a possibly new branch of law - ‚employment law’ - would not require changes in the competences of the State Labour Inspectorate.

Author(s):  
Zuzana Kvetanová

The submitted study addresses the topic of the current state of the opinion journalism and its genres in the Slovak periodical press. The author draws attention to the question of classification of the opinion journalism of a rational and emotional type from the genre categorization point of view and, simultaneously, reflects on its application in the present journalistic practice. This brings a certain rate of confrontation between the defined theoretical premises and their subsequent practical (non-)implementation. The main objective of the study is to clarify the presence of genres of analytical and literary opinion journalism stated by media theory in the environment of the Slovak periodicals. Presentation of the basic terminological axis and the related explication of journalism genres included in the opinion journalism constitute the secondary objectives of the paper. For the purposes of achieving the set objectives, the author uses methods of logical analysis of text in combination with discourse analysis. Similarly, she predicts the evident presence of the phenomenon of hybridization in the Slovak journalistic practice.


2020 ◽  
Vol 6 (2) ◽  
pp. 263-267
Author(s):  
S. Popova ◽  
Yu. Chernov

The study of the constitutional and legal basis of the status of migrants will allow to determine and summarize the rights and obligations of these persons, which significantly affect the formation of legal social order. This article discusses the constitutional, legal and administrative basis of the status of migrants, regulated by the legislation of the Russian Federation. Considering the issue of the current state of the migration legislation of the Russian Federation, the theoretical aspect of migration as the mobilization of people to change their permanent residence is highlighted. The causes of this phenomenon and the classification of categories of migrants are determined. The definitions of external and internal migrants are differentiated, on the basis of which the constitutional norms of foreign persons who entered the territory of the Russian Federation are further studied. According to Federal laws, the basic rights and obligations of immigrants who entered the Russian Federation for different definitions of reasons and circumstances are distinguished. The article considers the administrative and legal basis of the status of migrants in the context of violation of the rule of law according to the norms of the Code of administrative violations. The Institute of citizenship is singled out as a status that directly affects the scope of individual rights and freedoms, which allows it to be singled out as a special status of a migrant. In conclusion, the above topic is summarized.


2019 ◽  
Vol 46 ◽  
pp. 184-202
Author(s):  
Noémi Beljak Pažinová ◽  
Tatiana Daráková

The article focuses on the current state of research of the first Neolithic culture in Slovakia.So far around 70 sites are known from Slovakia dated to the Early Linear Pottery Culture and the Early Eastern Linear Pottery Culture. Most of the sites are known only from surface collections, and in only four cases have dwellings been documented. Settlement features/pits have been discovered at around half the sites. Finally, we know graves from only four (and possibly five) sites. In the article we deal also with the elaboration of the Early LPC/ELPC material culture. We discuss pottery from the point of view of typology and decoration and other types of findings, such as chipped stone industry, ground and polished stones, small clay artefacts, daub, animal bones etc., are not omitted either. The goal is to evaluate the research possibilities of the Early LPC/ELPC in Slovakia.


Mathematics ◽  
2019 ◽  
Vol 7 (9) ◽  
pp. 870 ◽  
Author(s):  
Aslam ◽  
Hasan Arif

In this paper, the diagnosis of the manufacturing process under the indeterminate environment is presented. The similarity measure index was used to find the probability of the in-control and the out-of-control of the process. The average run length (ARL) was also computed for various values of specified parameters. An example from the Juice Company is considered under the indeterminate environment. From this study, it is concluded that the proposed diagnosis scheme under the neutrosophic statistics is quite simple and effective for the current state of the manufacturing process under uncertainty. The use of the proposed method under the uncertainty environment in the Juice Company may eliminate the non-conforming items and alternatively increase the profit of the company.


2021 ◽  
Vol 16 (1) ◽  
pp. 69-80
Author(s):  
Sergij S. Vitvitskiy ◽  
Oleksandr N. Kurakin ◽  
Pavlo S. Pokataev ◽  
Oleksii M. Skriabin ◽  
Dmytro B. Sanakoiev

The rapid growth in the number of cybercrimes committed in the banking sector requires the creation of an effective system for preventing such crimes and ensuring the cybersecurity of the state. The constant updating of means and methods for cybercrime commission necessitates the identification of effective measures to combat them. The paper uses a survey method to study the theoretical experience and practical measures to prevent cybercrime in the banking sector to identify effective ways to combat crime in the virtual space of Ukraine. The paper analyzes the experience of the world’s leading countries concerning cybercrime prevention, deals with measures to improve the level of cybersecurity of national and international cyberspace. It is concluded that the current state of cybersecurity in Ukraine does not meet contemporary requirements and needs initiating effective measures and coordinated cooperation between private and public sectors in order to effectively combat cybercrime, in particular: enshrining the classification of cybercrimes in the regulatory legal acts of Ukraine; introduction of the concept of “banking criminal law” in the scientific and legal sphere; creation of Ukrainian cyber forces, whose activities will be aimed at preventing and combating crimes committed in cyberspace.


2021 ◽  
Vol 75 (1) ◽  
pp. 223-229
Author(s):  
R. Zhetibay ◽  

This article analyzes in detail the story of Zhumeken Nazhimedenov “Көне жұрт”. The analysis of the story is carried out from the point of view of the author's concept, from the point of view of the artistic structure. In artistic details-inappropriate use. The path and shape type are determined. A psychoanalyst is created for the main character. We also analyzed the manifestations of psychoanalysis in the modern literary process. It is analyzed from a meaningful and formal point of view, and an overview of the artistic world is given. Weak points of plot connections are shown. On the basis of Sigmund Freud's philosophical platform "vision of color", a psychoanalyst of the hero is created. The significance of the article lies in the analysis of the artistic structure of Zhumeken's stories, which were not analyzed in the prose of past eras. Defining ways to create the main character, comparing the advantages and disadvantages of stories from that period. To reveal the essence of the aesthetics of helplessness through a thorough analysis of the state of the soul and mind, the hero's exit from the psychological category into a duel of consciousness with paradoxical events. In a social phenomenon, an action that carries consciousness is a demonstration that the brutal treatment of the hero, who was left in the captivity of powerlessness, led the main character to the aesthetics of helplessness.


Author(s):  
Elizaveta S. Yankovskaya

The article defines the features of the state policy of Russia in the field of international investment cooperation. The author's version of the classification of the government's powers to regulate relations in the field of attracting foreign investment is proposed. The article reveals the importance of the principle of unity and interrelation of the main vectors of state policy in the field of foreign investment in the country's economy, which is relevant from the point of view of practice and theory of investment process management


Author(s):  
Егор Евгеньевич Новиков

В статье рассматриваются юридические факты-состояния, порождающие, изменяющие или прекращающие уголовно-исполнительные правоотношения. Автор на основе анализа дискуссии ученых-юристов, посвященной определению места событий в системе юридических фактов, представил собственную точку зрения, касающуюся роли юридических фактов-состояний в уголовно-исполнительном праве. В работе аргументируется, что состояние следует отнести к одному из видов фактов-событий. Представлена классификация юридических фактов-событий, содержащихся в уголовно-исполнительном праве. Предлагается рассматриваемые правовые явления классифицировать по следующим основаниям: по происхождению (абсолютные (болезнь осужденного/родственников) и относительные (беременность, опьянение, родство); по времени существования (краткосрочные, длительные, постоянные); в зависимости от способности порождать правоотношения (состояния, влекущие стопроцентное возникновение юридических последствий и факты, порождающие возникновение юридических последствий, но при условии участия третьих лиц). The article deals with legal facts-states generating, changing or terminating criminal executive relations. The author, based on an analysis of the discussion of legal scholars devoted to determining the location of events in the system of legal facts, presented his own point of view regarding the role of legal facts-states in the criminal-executive law. The paper argues that the state should be attributed to one of the types of fact-events. The article presents the classification of legal facts-events contained in the criminal-executive law. It is proposed to classify the considered legal phenomena for the following reasons: by origin (absolute (illness of the convict / relatives) and relative (pregnancy, intoxication, kinship); by time of existence (short-term, long-term, permanent); depending on the ability to generate legal relations (conditions entailing 100 % of the occurrence of legal consequences and facts giving rise to the occurrence of legal consequences, but subject to the participation of third parties.


2021 ◽  
Vol 5 (2) ◽  
pp. 255
Author(s):  
Putu Eva Ditayani Antari

This research focuses on the phenomenon of the large number of state commissions in Indonesia, especially in the post-reform era. The purpose of this study is to describe the classification of state commissions in Indonesia. Furthermore, through the idea of simplifying the state commission, it will be able to overcome the problems that often occur due to the large number of state commissions. Through doctrinal legal research using a conceptual and comparative approach, it is known that state commissions are formed as a form of democracy, where there are independent institutions with the main task of supervising the three axes of state power (trias politica), especially in the sphere of government power. This state commission has a legal basis for the formation of various institutions through laws, government regulations, or presidential regulations so that not all state commissions have an equal position in the state administration. Furthermore, the incidental and responsive nature of the formation of state commissions often results in overlapping powers of state commissions. In order to resolve this, the idea is to make simplifications for the current State commission. The act of simplification is carried out by only maintaining a few State commissions that are capable of supporting the spirit of democracy in the State. Meanwhile, other commissions were merged into institutions of other countries. Furthermore, it is given legitimacy based on law to the State commission, so that it is not difficult to determine its position in the Indonesian constitutional system  


2019 ◽  
Vol 28 (2) ◽  
pp. 189-203
Author(s):  
Dolores Modic ◽  
Ana Hafner ◽  
Nadja Damij ◽  
Luka Cehovin Zajc

Purpose The purpose of this paper is to evaluate innovations in intellectual property rights (IPR) databases, techniques and software tools, with an emphasis on selected new developments and their contribution towards achieving advantages for IPR management (IPRM) and wider social benefits. Several industry buzzwords are addressed, such as IPR-linked open data (IPR LOD) databases, blockchain and IPR-related techniques, acknowledged for their contribution in moving towards artificial intelligence (AI) in IPRM. Design/methodology/approach The evaluation, following an original framework developed by the authors, is based on a literature review, web analysis and interviews carried out with some of the top experts from IPR-savvy multinational companies. Findings The paper presents the patent databases landscape, classifying patent offices according to the format of data provided and depicting the state-of-art in the IPR LOD. An examination of existing IPR tools shows that they are not yet fully developed, with limited usability for IPRM. After reviewing the techniques, it is clear that the current state-of-the-art is insufficient to fully address AI in IPR. Uses of blockchain in IPR show that they are yet to be fully exploited on a larger scale. Originality/value A critical analysis of IPR tools, techniques and blockchain allows for the state-of-art to be assessed, and for their current and potential value with regard to the development of the economy and wider society to be considered. The paper also provides a novel classification of patent offices and an original IPR-linked open data landscape.


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