SUPPLEMENTARY PARENTAL BENEFIT – THE MUM 4 + PROGRAMME – EXPECTATIONS AND REALITY

In this article the regulations of the act on parental supplementary benefit of January 30, 2019 are thoroughly analysed. Supplementary parental benefit is granted to a person who gave birth to and raised or only raised at least four children and did not acquire the right to a pension or a pension paid to this person by the pension authority is smaller than the lowest pension. One is entitled to the benefit mentioned herein only in the case of not having means of subsistence because of not pursuing or discontinuing employment as a result of raising minimum four children. Supplementary parental benefit is in no way related to making social security contributions, it is a benefit financed by the state budget, which in a supplementary or substitutional way is linked to old age. In the legal sense, it is not a pension, but a special non-contributory monetary benefit of discretionary nature, which is granted only on request of the person of interest based on the administrative decision of the president of the Polish Social Insurance Institution (ZUS) or the Agricultural Social Insurance Fund (KRUS).

THE EARNEST IN THE RUSSIAN CIVIL LAW

On the basic of historic construction the legal sense of earnest regulation is considered having been adopted from the past word by word. This doesn’t amount to main objective implementation of this remedy to make contractual conditions of future agreement binding on parties subject to the broad autonomy of will. Legal provisions on earnest don’t correspond to categories of “liability”, “unilateral transaction”. The regulation should promote such tools as “compensations form release of obligation”, “offer”, “penalty”, “preliminary contract”. At present the institute of earnest isn’t operational and applicable only within the market of residential real estate so far. The efforts were made to present the renewed legal provisions on earnest as normative basis of this legal instrument having long spread over the limits of ordinary obligation security measure.

Natural law, human dignity and tradition of Böckenförde’s catholic political theology, from a conservative viewpoint

This paper aims to show the connection between ideas on natural law, human dignity and tradition in the legal-political thought of Ernst-Wolfgang Böckenförde, an influential earlier judge of Germany’s Federal Constitutional Court. It starts out from the Catholic background of the legal theorist, and his close connection to Carl Schmitt, probably the most charismatic legal thinker of the age, who, however, burnt himself by his support of the Nazi regime. Böckenförde was politically closest to the Social Democrats, yet political theology remained crucial for his legal thought. His interpretation of the German Grundgesetz was founded on a very strong, universalist interpretation of the concept of human dignity, which he took as the most important, founding value in the value catalogue of the Basic Law. Although not a conservative, Böckenförde also claimed that in a specific legal sense, tradition also plays a major role in legal interpretation. He took over from the writings of his brother, the theologian Werner, the idea that tradition and reception can serve as checks on the way natural law is interpreted. All in all, as Böckenförde points out, the three concepts (natural law, human dignity and tradition) provide a strong foundation for legal and constitutional interpretation.

Interpretation of the jurisdictional prerequisites in EU civil and commercial matters in the process of practical application of the Brussels I Regulation in the light of the CJEU jurisprudence

The possession of national jurisdiction by the court is a condition sine qua non for the possibility to resolve the case. Its lack results in the invalidity of the proceedings in accordance with the disposition of Article 1099 § 2 of the Code of Civil Procedure. After the amendments in 1997 and the doctrine’s acceptance of the division of domestic jurisdiction into jurisdiction in the international legal sense and international jurisdiction, these institutions are no longer included in the concept of a court path. At present, admissibility of a court path and international jurisdiction are treated as two separate procedural institutions which, on their own, constitute prerequisites for proceedings. Do EU cases differ in this respect from cases without a cross-border element? Is the interpretation of EU law different from the traditional interpretation in domestic cases? Should a purpose-oriented interpretation prevail? The author attempts to answer these and other questions in this text.

Object of systematization of labor legislation.

The article analyzes and clarifies that the systematization of labor legislation, like any other social activity, is characterized by the presence of its own object, the study of which will allow a more meaningful understanding of its essence, purpose and mechanism of operation. The article states that the object of knowledge can be all reality, but only to the extent that it has entered the scope of the subject. The concepts of «object» and «objective reality» are related, but not identical in meaning. The object is not the whole objective reality, but only that part of it which has already entered the practice of mankind and constitutes the circle of its cognitive interests. In the field of law, the object is understood as the purpose of the regulatory influence of law, activities and interests of legal entities. Analyzing the essence of the object of legal relations, it is determined that the issues related to the object of legal regulation are the most complex in the theory of legal relations. An object is a part of the objective reality with which the subject interacts. This understanding of the object can be applied to the field of law. The article analyzes the concept of «object» in both philosophical and legal sense, and concludes that the object of systematization of labor law - is what it is aimed at, to which the measures of this systematization. From the very concept of «systematization of labor law» it follows that the object of study is the specified area of national law. However, this approach to understanding the object of systematization is quite superficial, because, first, the concept of «legislation» has both broad and narrow interpretation; secondly, legislation is a form of law, so, thinking about the systematization of labor legislation, we can talk about both its external and internal regulation. In addition, revealing the essence and purpose of systematization, along with its object also distinguishes the subject. It is determined that the object of systematization of labor legislation is a set of regulations governing labor and closely related legal relations, is the object of systematization is a certain part of objective law and its sources, regardless of whether they are purely external streamlining or revision of the content of these sources; the law acts as a certain objectively existing fact, which is influenced by the subjects of systematization; in turn, the subject of systematization is the form and / or normative-legal content of certain specific normative-legal acts, in respect of which the corresponding forms and methods of systematization are applied.

Features of the development of the category "human rights" at various stages of the development of legal science

Questions of legal understanding have worried researchers for many centuries. During the evolution of the legal sphere, the category of "human rights" has undergone significant changes, which is undoubtedly of special importance in the social, cultural and theoretical-legal sense. This article deals directly with the development and transformation of the human rights category at various stages of legal science.

Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies

According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central tenet of legal positivism, according to which the existence of laws does not necessarily depend on their merit.1 While some legal positivists suppose that legal invalidity based on the content of particular laws is a central tenet of natural law theory,2 natural law theorists such as John Finnis opine that the lex injusta non est lex3 maxim has been no more than a subordinate theorem of classical natural law theory.4 In Finnis’s view, unjust laws give rise to legal obligation “in a legal sense.”5

10. Local Government

This chapter examines the institution of local government. This topic is often neglected in constitutional law studies, on the rather simplistic basis that since the United Kingdom is not in a legal sense a ‘federal country’ it is only the national governmental system that merits close attention. The suggestion made here is that analysis of the role played by local government institutions reveals a great deal about the nature of ‘democracy’ within our modern constitution. The chapter focuses in general terms on the evolution of ideas relating to localism, tradition, and the ‘modernisation’ of local government and on local government’s changing constitutional status during the course of the twentieth century. More specifically, the chapter examines trends in the institutional structure of the local government sector (and especially the abolition of the Greater London Council and metropolitan counties in the mid-1980s), developments relating to the fiscal autonomy of local government throughout that period, the role played by the judiciary in determining the limits of local government autonomy, and changes in one of the most important areas of local authority activity – the provision of council housing.

"COVID PASSPORTS" - LEGAL ASPECT, POSSIBLE USE AND IMPACT ON TOURISM DEVELOPMENT

"COVID" or immunity passports are classified as one of the reactions to the world pandemic and its suppression at the international level. Given that implications of this document, its legal nature, the manner of exercising the right to it, etc., are still not quite clear, various dilemmas may arise regarding this document. Also, how much will another bureaucratic obligation in connection with the organization of travel affect tourism, which has suffered incredible financial losses in the past year? It is very difficult to predict the direction of development of tourism and tourist services, especially not after the adoption of the basic rules that will concern "COVID" passports. There are dilemmas about this document in the legal sense, as well as in the sense of its obligation - will each state individually decide whether it is obligatory to enter in it or will it be one of the obligations of everyone at the international level?

OSIGURANjE OD SAJBER ODGOVORNOSTI

In the modern world, insurance is of special importance due to its relevance in a positive legal sense, in the light of modern tendencies, the existence of new regulations and sources of law. On the market of one country, the insurance business belongs to the service activities, ie. among those activities whose main feature is the provision of services, where the service is any activity or benefit that one party can offer to the other. Cyber insurance aims to cover the risks that come with modern technologies. The subject of the research also consists in answering to the disputable questions regarding to the concept, type and risks of cyber insurance in order to to put a light on significant segments of this topic as well as solutions in the Republic of Serbia. In the following text, having in mind the complexity of the topic, and the limited scope of work, a review will be made of the main specifics of this type of insurance.