Nelegálne zamestnávanie na Slovensku

Author(s):  
Marcela Korenková ◽  
Milan Maroš ◽  
Michal Levický

The employer is obliged to proceed with accordance with a large number of legal norms. The act of law no. 82/2005 Collection of laws on Illegal employment is one of them. The article presented deals with the topic of illegal employment. The goal of the article is to analyse the actual situation concerning the illegal employment considering the individual regions of Slovakia based on data provided by National Labour Inspectorate, Central Office of Labour, Social Affairs and Family and Offices of Labour, Social Affairs and Family. Based on information acquired, it is possible to state, that the most violations of the prohibition of illegal employment were discovered by inspections in the Nitra, Bratislava and Košice Regions. The least number of violations of the prohibition of illegal employment discovered by the competent authorities were in the Trenčín Region. It should be in the interest of the state that the people work based on legal contracts as it is the base of financial and budgetary stability of the state in the field of taxes and levies. Because of that reason, it would be suitable to intensify the inspections in the field concerned. The improvement of the economic environment and decreasing of the tax-levy burden of employers could also help to reduce the attractivity of illegal employment to the employers.

Author(s):  
Svitlana Patiuк ◽  

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.


2020 ◽  
pp. 23-25
Author(s):  
T.I. Ryakhovskaya

The author puts forward the assumption that constitutional psychology, being a very contradictoryconcept, due to the lack of concretization of this term, is formed through traditions that can be formalized,expressed in the form of legal norms. With this approach, constitutional psychology becomes an extralegalreflection of constitutional reality, which includes the attitude, perception, reflection of the people aboutcertain events, phenomena occurring in the state.


Author(s):  
Abzahir Khan ◽  
Muhammad Ayub

State is the basic requisite of any coordinated and civilized nation. The state must exist for maintaining harmony, adherence to law and mutual relationship within a nation. Each and every nation has undergone diverse experiences with respect to the state. However, the approach of a welfare state is found is the present day era. The approach of such a welfare state guarantees all the individual and collective rights of a nation. The main focus of a welfare state is human and humanities. All its potentials have to ensure the survival, safety of human beings and safeguarding his life, property and honor.         A welfare state holds various institutions which for the good and welfare of the masses. in order to run various administrator bodies, it requires competent and skilled persons. These persons and individuals should be equipped with integrity, power to work, moderations, competence, skill and experience in the concern faculty, so that they may put the institutions on the right direction and the people could benefit always.  In the perspective of the related article the standard of selecting office bearers in a welfare state has been dealt with.


Author(s):  
O.S. Shevchenko

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).


Author(s):  
Steven Earnshaw

In Venedikt Yerofeev’s Moscow Stations the character Venichka, a version of the author, takes an increasingly surreal train ride towards Petushki, a town at the end of a Moscow line which he believes to be like paradise. Unlike other drinker novels where the committed central drinker’s behaviour is regarded as outside social norms, Venichka is surrounded by like-minded Russian souls who also drink continuously. One of the central conceits of the novel explored in this chapter is thus the role of Venichka as a Russian everyman who is simultaneously alienated from the State, and paradoxically also from the people – drinking is his chosen vocation rather than a means of dulling self-medication. Venichka’s alienation is manifest in his ongoing argument with God, Russia and Fate. The chapter assesses how the novel refuses to privilege rationality, philosophy or empiricism in its determination to fully exist in a country/world which lacks any kind of coherence, and offers a comparison between this novel and Exley’s A Fan’s Notes in their treatment of the individual, drink, and the Nation State.


Author(s):  
Muhammet Ali Köroğlu

As a necessity of being a social being, humanity has lived as groups and communities throughout its entire history. The collective life has required some values, norms, and rules. As normative qualifications for human behavior, values, norms, and rules are based on the social order and the continuity of social life. In a very long period of humanity, social institutions such as religion, morality, and politics were determinant on the individual and social behavior of human beings. Then the legal system was activated and the provision of the behaviors were determined in detail. It can be said that the legal systems are based on the negative behaviors of the people, namely their criminal behaviors. However, there have always been people who violate the rules and legal norms required by social life. In its most general form, behaviors that violate the rules can be expressed by the concept of crime. Although the legal response of any behavior varies according to societies, crime is a sociological phenomenon that exists in all societies. This article explores the development of crime sociology.


2018 ◽  
Vol 13 (3) ◽  
pp. 41
Author(s):  
V. G. Bondarev ◽  
G. G. Gasimagomedov ◽  
A. I. Strebkov

The article considers the oppositional and quasi-oppositional or almost oppositional potential of the modern Russian media as the fourth power. The authors come to the conclusion that the modern Russian media sources’ oppositionism does not stem from the illusion that they are the fourth estate, but from the role they play in the system of the relations between the state and the civil society, between the individuals as the members of the civil society and the individuals as the members of the state. The oppositionism of the media is the reflection and expression, and simultaneously it is the symptom of the civil society’s oppositionism. It is its dissatisfaction with the system of the relations that are generated by the modern capitalist mode of production which turns a person into the slave of his needs which are cultivated and imposed on him by the production and the trade. The expansion of the unnecessary wants’ supply includes the media in this whirlpool of the unnecessary for the individual goods’, services’, thoughts’, ideas’ production and by doing so it does become counterpart and hostile to the society. The antagonism of the commercial media towards the society revives the public media, which in reality and according to its social content is now becoming oppositional, or euphemistically described as “the rose among the thorns of the modern times’ morality”. The oppositionism of the emerging media and the quasioppositionism of the commercialized media which, in fact, are cultivating the individual’s selfish opposition towards the civil society, do find its limits of the opposition in the different grounds. The first one finds its limit in the oppositionism of the society itself, in the needs of the people for the change of the existing relations between the authorities and the civil society, the second one does it in the dividends received from the false oppositionism.


2017 ◽  
Vol 3 (1) ◽  
pp. 67
Author(s):  
Widhiana H Puri

Pluralism of agrarian law is a consequence of the choice of society law that has a diversity of culture, ethnicity, customs and religion. This condition creates the selection to use legal norms beside national laws defined by the state. The philosophy is to find and to acquire the most appropriate legal order and provide justice for the people. This concept consistent with the progressive nature of the law that led to a dynamic legal system and was processed  following the dynamics of the community responsive to the needs and aspirations of justice in society. By using non state law as a complement of the state law, the chance of the state to quickly respons every dynamics of the community is possible, making the law progressive and responsive. This paper is a normative article with descriptive analytic  from the perspective of philosophy of jurisprudence.Pluralisme hukum agraria adalah sebuah kondisi yang menjadi konsekuensi atas pilihan hukum masyarakat yang memiliki keragaman budaya, suku, adat istiadat serta agama. Kondisi ini menciptakan adanya pilihan norma hukum yang digunakan selain hukum nasional yang ditetapkan negara. Filosofinya adalah menemukan dan memperoleh tatanan hukum yang paling sesuai dan memberikan keadilan bagi masyarakat. Konsep ini sejalan dengan hakikat hukum progresif yang mengarah pada sebuah sistem hukum yang dinamis dan berproses mengikuti dinamika masyarakat sehingga responsif terhadap kebutuhan dan cita keadilan dalam masyarakat. Dengan menempatkan hukum masyarakat sebagai pelengkap hukum negara, maka peluang negara untuk merespon setiap dinamika dalam masyarakat secara cepat dapat dilakukan sehingga terwujud hukum progresif dan responsif. Kajian ini bersifat normatif dengan pendekatan deskriptif analitis dari perspektif filsafat ilmu hukum.  


Author(s):  
Pavel Nikolaevich Dudin

The subject of this research is the social relations arising in the context of performing tax function in the People’s Republic of China in the late 1920s – mid 1930s and their impact upon similar relations formed in the Chinese territories controlled by Japan in the 1930s: Manchukuo and Mengjiang. The object of this research is the tax system of the People’s Republic of China during the so-called “Nanjing decade” (1927-1937), when the Kuomintang Party headed by Chiang Kai-shek in a short time establishes control over a great part of modern China and begins the centralized policy, including in the area of tax legislation. Special attention is given to the key normative legal acts and government branches, which on the national and provincial levels perform tax function of the state. The article is the sequence of research dedicated to tax system and tax law of East Asian countries. The provisions of tax legislation of both the People’s Republic of China and Manchukuo, are introduced into the scientific discourse of legal science for the first time. The scientific novelty also consists in the comparison of legal systems of China and the Japanese satellites with regards to tax legislation and regulation of tax relations. The author comes to the conclusion that with active implementation of the Japanese model, the regulatory framework of Manchukuo and Mengjiang retained the key features of the Chinese law; but unlike the Chinese model, it was more effective.


Author(s):  
J.D. Ford

In legal and political philosophy sovereignty is the attribute by which a person or institution exercises ultimate authority over every other person or institution in its domain. Traditionally, the existence of a final arbiter or legislator is said to be essential if people are to live together in peace and security. The example brought most readily to mind by the word ’sovereign’ is the individual monarch, and the theory of sovereignty was at one time closely linked with the defence of monarchy. But leading theorists of sovereignty, like Jean Bodin and Thomas Hobbes, recognize that authority can be exercised by sovereign bodies of people; and later writers, like Rousseau and Austin, locate sovereignty in the people, to whom the officials of more democratic institutions are ultimately accountable. Traditionally, too, it is deduced from the nature of the state or law that the sovereign’s authority must be absolute, not limited by conditions; perpetual, not merely delegated for a time; and indivisible, not distributed between different persons or institutions. It is further deduced that the sovereign must be independent from external domination as well as internally supreme. All these inferences have been subjected to criticism, not least because they can be difficult to reconcile with the actual practice of states and legal systems.


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