scholarly journals Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime

2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Subject Matter ◽  
Civil Servants ◽  
Employment Relationship ◽  
Legal Responsibility ◽  
Collective Agreement ◽  
Employment Relations ◽  
Distinctive Features ◽  
The Subject ◽  
The Republic ◽  
Labour Legislation

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

scholarly journals Theoretical Approaches to the Concept of Responsibility of Members of Political Parties and its Correlation with Legal Responsibility

2019 ◽  
pp. 53-62
Author(s):  
V. Е. Mamedova
Keyword(s):  
Political Parties ◽  
Social Responsibility ◽  
Subject Matter ◽  
Legal Responsibility ◽  
The Political ◽  
Basic Properties ◽  
Theoretical Approaches ◽  
The Subject ◽  
Legal Responsibilities

The paper proposes the author’s understanding of responsibility of members of political parties provided by the political parties’ constitutions and other intraparty documents (intraparty responsibility). Also, the paper demarcates intraparty responsibility, legal and other types of social responsibility. It is concluded that the responsibility of members of political parties is a subspecies of social and statutory responsibility. The study has determined the tendency of convergence (diffusion) of internal party and legal responsibilities; the analysis has been carried out concerning perspectives of treating the responsibility of members of political parties as positive; the author substantiates the conclusion about the need to study intraparty responsibility exclusively in retrospective aspect. The author elucidates the thesis concerning expediency of enforcement of intra-party penalties as the subject matter of responsibility of members of political parties. Also, the basic properties of intra-party responsibility are revealed and analyzed. The study has investigated the influence of ambivalent nature of political parties and peculiarities of intra-party relations regarding the properties of responsibility of members of political parties.

scholarly journals The Influence of Atypical Employment on Socioeconomic Development

2020 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Nikita L. Lyutov
Keyword(s):  
Market Segmentation ◽  
Socioeconomic Development ◽  
Employment Relations ◽  
Negative Consequences ◽  
Labour Law ◽  
Labour Market Segmentation ◽  
The Subject ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Positive Effect

The Subject of the Study. The article deals with an issue of impact of atypical employment on the socioeconomic development on micro- and macro levels. The Purpose of the Study is to discover the links between the introduction of atypical forms of employment and socioeconomic development. The Main Theoretical and Empirical Aspects of Study: as the implementation of various forms of atypical employment is one of the aspects of flexibility in employment relations’ regulation, the author starts with a general analysis of impact of general flexibility of employment on the economy. This section of the article contains the conclusion that a thesis about positive effect of labour law flexibility on the economic effectiveness remains unproven; – the second part of the article contains an analysis of the relations between the specific forms of atypical employment and the state of economy. The conclusion has been made that ill-considered implementation of such forms into the labour legislation leads to such negative consequences to the economy as the labour market segmentation and volatility, rising incomes gap and lowering the purchasing power. – the thesis is made that Russian labour legislation modification in the field of atypical employment development is only acceptable with a view to make the already existing atypical employment come out of informal sector, and in a way that takes into account the interests of both parties of the employment relationship.

The Act on the National Cybersecurity System as an Implementation of the NIS Directive

2020 ◽  
Vol 12 (1) ◽  
pp. 179-193
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
Information Systems ◽  
Legal System ◽  
Subject Matter ◽  
Critical Analysis ◽  
Scientific Literature ◽  
European Parliament ◽  
Basic Method ◽  
The Subject ◽  
The Republic ◽  
High Level

The article is devoted to the issue of the implementation of the Directive of the European Parliament and of the Council (EU) of 6 July 2016 on measures contributing to a high level of security of networks and information systems within the territory of the Union (the so-called NIS Directive) into the Polish legal system. In this context, the author analyses the Act on the National Cybersecurity System, presenting the system and its individual components. The subjects of consideration are the provisions of the Act on National Cybersecurity System of the Republic of Poland and other legal acts concerning the subject matter, which entered into force before the adoption of the analysed act. In conclusion, the author states that in some cases, it is necessary to amend individual legal acts in order to avoid ambiguities which lead to disruption of the system as a whole. The basic method used in this article is legal dogmatics and critical analysis of the scientific literature, documents and opinions of experts—practitioners.

scholarly journals Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

2021 ◽  
Vol 95 ◽  
pp. 7-18
Author(s):  
Tomasz Duraj
Keyword(s):  
Trade Union ◽  
Employment Relationship ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Employment Relations ◽  
Gainful Employment ◽  
Collective Rights ◽  
Adopted Model ◽  
Atypical Employment ◽  
The Right

The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.

scholarly journals Pedagogical basis of personnel training for the public service

2021 ◽  
Author(s):  
М.М. Владимирова ◽  
Ф.Г. Мухаметзянова ◽  
А.Ш. Яруллина
Keyword(s):  
Professional Development ◽  
Public Service ◽  
Civil Servants ◽  
Professional Activity ◽  
Russian Society ◽  
The Public ◽  
The Subject ◽  
The Republic ◽  
Additional Education ◽  
Oriented Approach

В статье рассматриваются вопросы, связанные с педагогическими основами подготовки кадров для гражданской службы на примере Республики Татарстан (РТ) в контексте их профессионального становления и развития. Тенденции развития современного российского общества, как глобализация и цифровизация, повышают требования не только к интенсивности работы государственных служащих, но и развитию их как субъектов профессиональной деятельности. Ведущая идея статьи заключается в том, педагогическими основами профессионального развития молодых госслужащих является не только система основного и дополнительного образования, но и институт наставничества, что актуализирует вопросы субъектно-ориентированного подхода и развитие госслужащих как субъектов профессиональной деятельности через различные системы их подготовки и переподготовки. В этой системе подготовки и переподготовки госслужащих особое внимание уделяется институту наставничества на основе теоретического анализа изучаемой проблемы и результатов пилотного исследования. The article examines issues related to the pedagogical foundations of training personnel for the civil service on the example of the Republic of Tatarstan (RT) in the context of their professional formation and development. The development trends of modern Russian society, such as globalization and digitalization, increase the requirements for not only the intensity of the work of civil servants, but also their development as subjects of professional activity. The leading idea of the article is that the pedagogical foundations of the professional development of young civil servants are not only the system of basic and additional education, but also the institute of mentoring, which actualizes the issues of the subject-oriented approach and the development of civil servants as subjects of professional activity through various systems of their training and retraining. In this system of training and retraining of civil servants, special attention is paid to the institution of mentoring on the basis of a theoretical analysis of the problem under study and the results of a pilot study.

scholarly journals Training and educational work in the Territorial Defense Force

2019 ◽  
Vol 193 (3) ◽  
pp. 514-528
Author(s):  
Jan Pilżys
Keyword(s):  
Subject Matter ◽  
Armed Forces ◽  
Organizational Structures ◽  
Educational Process ◽  
Territorial Defense ◽  
Educational Work ◽  
Condensed Form ◽  
New Type ◽  
The Subject ◽  
The Republic

In connection with the establishment of a new type of troops in the Armed Forces of the Republic of Poland – the Territorial Defense Force (TDF, Polish abbrev. WOT), the author has decided to approximate the issue of their training. He brought closer the guidelines regarding the organizational structures of the Territorial Defense Force and the selec-tion of commanders and lecturers, the requirements that training and educational work should meet, as well as the theoretical-cognitive and methodological solutions and the reasons for their application. When answering the above questions, the author addressed only some issues in this field, in a condensed form that is necessary for the preparation and implementation of the training and educational process in the di-dactic system of the Territorial Defense Force. The purposeful and well thought narrowing of the subject matter by the author does not neces-sarily mean abandoning the cognitive ambitions of creating the TDF in the context of military and social reality.

scholarly journals The President of Poland’s immunity in criminal matters

2021 ◽  
pp. 76-99
Author(s):  
Michał Mistygacz
Keyword(s):  
Subject Matter ◽  
National Assembly ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Constitutional System ◽  
Criminal Matters

The issue analysed by the author is that of the institution of Presidential immunity pertaining to the President of the Republic of Poland, and operating in such a way that a sitting President cannot be held criminally liable before a common court for acts tantamount to offences. Inclining towards the essence of this solution and its consequences when it comes to respect for constitutional principles of legalism and equality before the law, the author at the same time seeks to assess the completeness of the provisions in effect in Poland, in so doing identifying a lack of clear directives as to how a former President (i.e. one who has left office) is to be held criminally liable. The conclusion reached by the author can be said to boil down to a recognition that the liability of a former President before Poland’s Tribunal of State for offences or crimes committed is of an accessory nature where common courts are concerned, with the condition underpinning recognition of the Tribunal’s primacy in matters of jurisdiction being the National Assembly’s adoption of a Resolution holding a former President liable constitutionally, and potentially at the same time initiating action in respect of given offences. Any lack of such a National Assembly Resolution must give rise to a particular kind of reactivation – in respect of the former President – of jurisdiction in the dispensing of justice by common courts, given the fact that one of the negative procedural premises has ceased to be non-applicable. Thus, unlike in the case of a President still holding office, the cognition of the Tribunal of State in relation to a former President is neither exclusive nor automatic. Such observations have also stimulated work by the author to develop de lege ferenda postulates regarding the subject matter, as set against the wider background of Poland’s political and constitutional system.

scholarly journals Salaries of Healthcare Professionals in the Republic of Croatia

2020 ◽  
Vol 13 (2) ◽  
pp. 105-122
Author(s):  
Ante Klarić ◽  
Marina Švaganović ◽  
Miran Cvitković
Keyword(s):  
Healthcare Professional ◽  
Subject Matter ◽  
Employment Status ◽  
Healthcare Professionals ◽  
Human Values ◽  
Public Servants ◽  
Governmental Regulation ◽  
The Subject ◽  
The Republic ◽  
The Individual

Salaries of healthcare professionals in the Republic of Croatia are regulated by a series of laws and regulations. A series of regulations defining the salaries and substantive rights of healthcare professionals cannot provide a clear, uniform and complete approach to regulating the subject matter of the law. In addition to the aforementioned issues of employment status, healthcare professionals originate from a standard that is similar and common to all public servants. In doing so, the legislature does not differentiate between a healthcare professional and his profession from an activity that deals with the protection of fundamental human values: the life and health of the individual. It is these core values that should inform not only governmental regulation of salaries and wages but also all other substantive rights, as a pledge for the smooth performance of such a highly responsible service through a clear, unambiguous and norm to precise them.

scholarly journals Revitalization of Moldovan alivanca: traditions and preparation experiences

2021 ◽  
Author(s):  
Coralia Babcenco ◽  
◽  
Viorica Cazac-Scobioala ◽  
Olga Alcaz ◽  
Eugenia Covaliov ◽  
...  
Keyword(s):  
Subject Matter ◽  
Large Scale ◽  
Cattle Breeding ◽  
Republic Of Moldova ◽  
Scale Range ◽  
The Subject ◽  
The Rich ◽  
The Republic ◽  
National Cuisine ◽  
In The Mists

Moldovan cuisine is a real treasure with tasty miracles, where the hearty soul of our people rules. These are the dishes generously and proudly served to all guests, who want to get familiarized with our country and culture. Moldovan cuisine is a part of the culture of the Republic of Moldova. Its diversity is due to the rich natural opportunities of our country. Grapes, fruit, vegetables, cattle breeding and aviculture – all such riches are successfully used in national cuisine. If speaking about traditional cuisine, we cannot but mention such dishes as Moldovan cozonac (sweet leavened bread), Moldovan pasca (Easter bread), sarmale (stuffed grape leaves or stuffed cabbage), zeama de gaina (sour chicken soup), alivanca (custard tart), Moldovan turta (cake), turta cu mac (poppyseed cake), and so on. The traditional dishes of the Republic of Moldova, which were forgotten in the mists of time, are the subject-matter of interest in this thesis paper, since they are less studied but still very valuable. The realized onsite study allowed us stating the existence of a large-scale range of recipes of alivanca, i.e. a peasant dessert, which is specific to Moldova, including: custard tart with sheep cheese (branza), custard tart with whey cheese (urda), custard tart with pork rinds (jumari), custard tart with dill and bunch onion, custard tart with nettle, custard tart with stevia, custard tart with garden orache, custard tart with chervil, custard tart with pumpkin, sweet custard tart.

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.

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