scholarly journals Konstytucyjne podstawy prawa ubezpieczeń społecznych

2019 ◽  
Vol 16 (3) ◽  
pp. 7-20
Author(s):  
Krzysztof Ślebzak
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Insurance Law ◽  
The Subject ◽  
The Republic

The subject of this paper is related to the legal bases of social insurance law in the light of the 1997 Constitution of the Republic of Poland. The considerations undertaken herein indicate that although the Polish Constitution gave expression to the idea of social security, it seems that only on this foundation is the existence of the constitutional bases for distinguishing social insurance or social security law reasonable.

scholarly journals Biological Damage, as a Special Figure of Non-pecuniary Damage and Problems Encountered in Albanian Jurisprudence

2019 ◽  
Vol 2 (2) ◽  
pp. 92
Author(s):  
Juliana Bylykbashi ◽  
Eneida Sema Dervishi
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Companies ◽  
European Convention ◽  
Biological Damage ◽  
Health Damage ◽  
The Subject ◽  
Injured Party ◽  
The Republic ◽  
Insurance Compensation

Non-pecuniary damage is one of the institutes of civil law that aims to protect and restore the rights of personality laid out in certain provisions of the Constitution of the Republic of Albania and expressly referred to in Article 8 of the European Convention on Fundamental Human Rights and Freedoms. Judicial jurisprudence has rendered non-pecuniary damage in the case of health damage, physical or psychological integrity in three separate types of damage: biological damage, moral and existential damage. The subject of this paper will be one of the figures of non-pecuniary damage, biological damage or otherwise called damage to health, being a matter of little or no treatment and the problems it faces in Albanian jurisprudence. One of the topics to be dealt with in this paper is the manner and criteria for calculating health insurance compensation, a topic that has met discussions about the actual value of the compensation or the value of the expected income that the injured party or relatives should receive from social insurance. In the provisions related to the value of the compensation coverage, insurance laws and bylaws foresee certain limitations, not only in the method of calculating non-pecuniary  damages, but also with regard to the minimum amount of insurance coverage by the insurance companies. Referring to Albanian court practices there have been cases where there has been discrepancies in the calculation of biological damage between the insurance companies and the court.

DETERMINANTS CHARACTERIZING WORK IN SPECIAL CONDITIONS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 367-377
Author(s):  
Katarzyna Szlachta-Kisiel
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Indirect Evidence ◽  
Current Position ◽  
Retirement Pension ◽  
Insurance Law ◽  
The Right

The situation of the applicant applying for a retirement pension for work in a special conditions while not possessing the required work certificate confirming such a circumstance raises numerous interpretative doubts for each party to the proceedings. Determining whether a job is or is not a job in special conditions based on indirect evidence is a very common challenge which the Labor and Social Security Courts currently have to face. In this study I have characterized the premises whose combined existence allow for the assumption that a given work can be considered as performed in special conditions. On the basis of legal acts, the current position of doctrine and judicature, as well as taking into account the specificity of social insurance law norms, I indicate determinants characteristic for work in special conditions, the determination of which is crucial for the applicant’s acquisition of the right to retirement.

scholarly journals Dyferencjacja części płacy przeznaczanej na składki ubezpieczeń społecznych

2019 ◽  
Vol 117 ◽  
pp. 61-78
Author(s):  
Radosław Pacud
Keyword(s):  
Social Security ◽  
Interest Rates ◽  
Social Insurance ◽  
Economic Effects ◽  
Total Employment ◽  
Insurance Law ◽  
Legal Norms ◽  
Social Contributions ◽  
The One

DIFFERENTIATION OF THE PART OF WAGES ALLOCATED TO SOCIAL SECURITY CONTRIBUTIONSThe article is concerned with the legal conditions and economic effects of the behaviour of the addressees of the law which leads to the determination of different proportions of social contributions to the total employment wage. The conducted research points to the differences between the normative interest rates of social insurance contributions and the real part of wages set aside for social insurance contributions. The differentiation of the part of the wage earmarked for contributions is, on the one hand, the result of the implementation of legal norms and, on the other hand, the consequence of the decisions of the insured persons, which together should be the subject of legal assessment and the basis for choosing the optimal policy directions of social insurance law. The findings also have wider implications — the principle of differentiation in social security law has so far been only applied to the differentiation of the entitlement to benefits, but it should also be applied to the different contribution obligations.

scholarly journals Przedmiot prawa ubezpieczeń społecznych

2019 ◽  
Vol 16 (3) ◽  
pp. 21-33
Author(s):  
Radosław Pacud
Keyword(s):  
Social Insurance ◽  
Social Risk ◽  
Social Security Systems ◽  
Security Systems ◽  
Insurance Law ◽  
Social Risks ◽  
The Social ◽  
The Subject ◽  
Definition Of

The subject of social insurance law has a thematic scope, which can be variously defined and thus not uniformly used in jurisprudence. The subject of social insurance law should be distinguished from the subject of social insurance. In the definition of the subject of social insurance law, the role of contributions that distinguish insurance systems from social security systems needs to be taken into account. Apart from the contributions, the number of subjects in the social insurance law equates with the number of legally defined benefits. The thematic scope of the subject of social insurance law should be determined according to the catalog of social risks secured by social insurance law. While noting the subject of insurance law in the context of diversified rights of certain categories of entities, the subject of social insurance law should be combined with the subject of abstractive legal relations in the field of social insurance. Therefore, the subject of social insurance law is the corresponding contributory obligation and protection obligations in the scope of social risk defined by this branch of law.

scholarly journals Prawo ubezpieczeń społecznych a prawo ubezpieczeń gospodarczych (osobowych)

2019 ◽  
Vol 16 (3) ◽  
pp. 49-64
Author(s):  
Kamil Antonów
Keyword(s):  
Social Insurance ◽  
Insurance Risk ◽  
Community Members ◽  
Insurance Law ◽  
Business Interests ◽  
Insurance Cover ◽  
The Social ◽  
The Subject ◽  
The Common ◽  
Personal Insurance

In the paper, the author compares social insurance law with commercial (personal) insurance law, regarding the both types of insurance as different legal disciplines with different social and economic purposes. In the common and compulsory social insurance, the social purpose connected with provision of insurance cover takes precedence, not only due to fulfillment of individual profits of individual insured persons, but also with regard to interests of other risk community members. Differently, voluntary personal insurance is a symptom of individual prudence undertaken most commonly to increase the economic standard of family procurement, as well as to fulfill business interests of insurance institutions, which is related to the commercial character of such insurance. Regardless of the aforementioned, the both types of insurance have a common subject of protection consisting in granting a guarantee to cover any damage caused by accidents influencing in a negative way an area of life, health and ability to work of persons covered by such insurance. Therefore, the term of insurance risk (social in social insurance and commercial or private in personal insurance) is fundamental in the subject matter and the nature of granted insurance cover consists in bearing such risk (danger) by the insuring party.

scholarly journals Critique of two decicions of Constitutional Court of the Republic of Srpska / Kritika dvije odluke Ustavnog suda Republike Srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 114
Author(s):  
Milan Blagojević
Keyword(s):  
Social Insurance ◽  
Public Authority ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Subject ◽  
Internal Morality ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
In The Beginning

The subject of this paper are two decisions of Constitutional Court of the Republic of Srpska which set in motion not only the question of constitutionality of one statute from the area of social insurance, but the questions of internal morality of the state and law as well. Beginning part of the paper is preceding to introduction into that problem, and in the beginning part the author, by the example from the judicial practice, point out an unconstitutional practice due to which in the area of social insurance is infringed the right on property by inactivity of competent organs of public authority. The infringement of the same right is caused by statute provisions analised in the paper. It is word on provisions of the Law on social insurance in the Republic of Srpska, by which is prescribed that the pensions will be determined again for some of beneficiaries, what in practice means that their pensions will be decreased, and that for some of other beneficiaries it will not be done. This unconstitutional behaviour of legislator, due to which the right on property and equality before the law are infringed, are tried to be resolved by the Constitutional Court of the Republic of Srpska in its two decisions by opinion according to which it is a matter of policy of legislator and suitability to prescribe whether the pensions will be determined again for all or for some beneficiaries. This opinion is exposed to the criticism in the paper.

scholarly journals Analysis of the law of the Republic of Moldova on the granting of compensation in the event of the death of one of the spouses

2021 ◽  
pp. 136-147
Author(s):  
Tudor Capsa ◽  
Keyword(s):  
Social Security ◽  
Doctoral Students ◽  
Social Insurance ◽  
Legal Aspects ◽  
Republic Of Moldova ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Law ◽  
The Republic ◽  
Correct Application

The article analyzes in detail and comments article by article the main legal aspects of the Law of the Republic of Moldova on the provision of benefits in the event of the death of one of the spouses No. 156/2019 through the prism of the norms and prescriptions of the national legislation on social insurance and social security, as well as their practical and correct application, with the formulation in the process of presenting the material of substantiated conclusions and recommendations on the multifaceted and topical topic under consideration. At the same time, the comments contained in this article are intended to assist faculty, doctoral students, undergraduates and students of law schools / faculties and scientific researchers of organizations / centers in the field of science and innovation in the systemic assimilation of social insurance and social security norms. , regulating the procedure for registration and payment of benefits due to the death of one of the spouses. In addition, these comments are aimed at correct / accurate understanding and application of the provisions of the current laws and regulations on social insurance and social security by employees of social insurance and social assistance / protection authorities at all levels, lawyers, inspectors of human resources services, representatives of social partners and non-governmental organizations. , entrepreneurs, judges, prosecutors, lawyers, mediators, trade unionists and activists, interested employees and government officials.

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