scholarly journals Przedmiot prawa ubezpieczeń społecznych

2019 ◽  
Vol 16 (3) ◽  
pp. 21-33
Author(s):  
Radosław Pacud

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.

2019 ◽  
Vol 1 (1) ◽  
pp. 835-842
Author(s):  
Roman Garbiec

AbstractSocial risks are an unusual type of risks occurring in insurance. Their specific feature is the implementation of risk in the sphere of social life of a person with special regard to the work environment. Social risks are an element of research in economics and law and in social policy. The author of the paper shows that the structure of the Polish social insurance system is not optimal and requires radical reform. This paper contains, among others, characteristics of the scope of protection of social risks identified in Poland by Social Security Administration and the basis for financing benefits from this system. The summary of the paper presents opinions on improving the financial efficiency of this system.


2020 ◽  
Vol 16 (1) ◽  
pp. 70-74
Author(s):  
Oleg V. Neterebskiy

The Object of the Study. The system of social partnership in the Russian Federation. The Subject of the Study. Agreements of the social partnership system of the Russian Federation at various levels (federal, territorial, sectoral). The Purpose of the Study. Identification of trends and main causes of changes in the agreements of the social partnership system in the Russian Federation at various levels and their impact on basic social standards. The Main Provisions of the Article. The author analyzes the agreements of the federal, sectoral and territorial levels of the social partnership system of the Rossiyskaya Federatsiya in chronological dynamics and examines the causes and trends of stagnation of social partnership The analysis of specific obligations of the parties to the agreements, shows a departure from the positive practices developed in the past shows the declarativity of social partnership agreements of the last period and the increasing role of the state while reducing the influence of civil society institutions and related social risks.


Innovar ◽  
2021 ◽  
Vol 31 (81) ◽  
pp. 115-128
Author(s):  
Bárbara Santana da Silva ◽  
Fernando Oliveira de Araujo ◽  
Chrystyane Gerth Silveira Abreu ◽  
Marcio Carapeto Silveira Faria

This paper studies disturbances in social risks management generated by subjectivity using the case of the engineering megaprojects developed by a large Brazilian energy company and based on the percep­tion of professionals participating in meetings for discussing the subject. This work also seeks to systematize the analysis of this issue within a framework for supporting social risk assessment processes. Methodologi­cally, the study involved interviews to 18 out of the 31 participating in­dividuals of the social risk assessment technical meetings, having a questionnaire validated by the academic literature as the starting point. Results confirm the interference of subjectivity in social risks assessment and allow identifying that variables such as training/education, experi­ence on the job, and professional background create personal judgments that may compromise the technical process of social risks measurement. The research proposes a conceptual framework in which the main inter­fering subjectivity factors are correlated, giving an account of the existing distortions in the process for measuring social risks, which in the context of megaprojects could generate strong impacts on the financial performance, reputation, and the direct stakeholders of a given project.


2019 ◽  
Vol 16 (3) ◽  
pp. 49-64
Author(s):  
Kamil Antonów

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.


Author(s):  
E. A. Istomina ◽  
◽  
M. Yu. Fedorova ◽  

Introduction: the article analyzes current legislation of Russia and some foreign countries as well as the views of Russian and foreign scholars on the legal status of individuals as subjects of the social security legal relations in the context of the social risk management (SRM) conceptual framework. Purpose and objectives: based on the modern ideas of social risks, to study the status of individuals as actors within the SRM system having specific rights and responsibilities. Methods: analysis and synthesis of scientific and legal information, historical and comparative methods. Results: today social security is considered a vital part of the SRM system. Having analyzed the specific features and dynamics of social risks, the authors conclude that to some considerable degree these risks are subjective in nature, which should determine a more active role of individuals. The article analyzes not only the legal personality of individuals in the social security legal relations but also – in a broader context – their agency in the SRM system. The authors provide examples of legislative regulation in some foreign countries: the French Republic, the Grand Duchy of Luxembourg, the United States of America. Different models of the individuals’ participation in the SRM system are presented. Based on the extent of different SRM subjects’ involvement and the distribution of the responsibility for the protection against social risks among them, the authors identify paternalistic, market-based (liberal), mixed (complex), and transitional models. Based on the extent of the individual’s interest in the protection against social risks and their readiness for taking actions in this sphere, the authors distinguish active and passive SRM models (with the latter one including indifferent and parasitical models). Conclusions: the paper offers a new approach to the understanding of social risks and protection against these (including through social security), and also to the role of individuals as subjects of social risk management.


2017 ◽  
Vol 8 (1) ◽  
pp. 41-53
Author(s):  
Helmut Koziol

AbstractThere are quite a lot of differences between compensation schemes in Europe when it comes to personal injuries. Under most legal systems the social security systems do not change the law of damages as the social insurer can take recourse against the tortfeasor. But particularly in Scandinavia the social security system displaces tort law by excluding the possibility of recourse and thus providing for a generous release from liability for the offender. These differences give the impression that they would prevent harmonisation of European compensation systems, but it seems that such differences are bridgeable.


2020 ◽  
Vol 14 (3) ◽  
pp. 64-74
Author(s):  
G. L. Podvoysky ◽  
A. V. Larionov

The presented research reveals the main directions of development of the social insurance system in Russia. The relevance of the study is caused by the modern challenges that have arisen in connection with the COVID‑19 pandemic, demonstrating the crucial role of social programs in ensuring the sustainability of countries. The subject of the research is the main factors affecting the development of the social insurance system. International experience shows that the development of private social insurance is a promising direction for the development of social insurance. The research reveals the main structural elements that should be formulated in the strategy for the development of the social insurance system in Russia.


Author(s):  
Galina N. Komkova ◽  
◽  
Nataliya V. Tyumeneva ◽  

Introduction. Currently, most of the public services are provided in a digital format, which triggers the activization of the “feedback” channel between authorities and organizations performing public functions and consumers of services. Functionally, this task can be solved with the help of the institution of electronic appeals. Theoretical analysis. It is noted that qualitative changes in the social setting in connection with the digitalization of the economy have led to a change in the relationship between the state and the individual. The management paradigm is built in accordance with the interests of the subject, i.e. the consumer of public services for the population, most of which are provided to the subject in the electronic form with their subsequent evaluation through the institution of electronic appeals. Empirical analysis. The authors analyze the legislation regulating the procedure for consideration of citizens’ appeals, including written ones, submitted electronically. The authors formulate the definition of the concept of “electronic appeals” and carry out the classification of electronic appeals. The researchers also characterize the legal regimes of filing and consideration of electronic appeals through the official websites of public bodies and organizations performing public functions, as well as through federal official (state) websites specially designed for citizens to submit appeals in the form of an electronic document. Results. In conclusion, the authors highlight the important role of the institution of electronic appeals in digital transformation and the increasing level of information and communication culture.


2013 ◽  
Vol 16 (1) ◽  
pp. 39-53
Author(s):  
Arlinda Shkreli Axhemi ◽  
Gert Dragoshi

The aim of this paper is to analyze the social protection system in Albania during the last two decades. It highlights some of the problems and issues which are closely associated with elements of social security, as a phenomenon that focuses on finding solutions or solving the problems in social security systems in Albania. Of great importance are the changes in the social security legislation in recent years, which led to a new structure of the social insurance market in Albanian society. Also discussed are the types of benefits offered by our social insurance system. Our country occupies a special place in relation to the problems it has encountered with social protection and the social security law.


Author(s):  
Lyudmila A. Migranova ◽  
◽  
Valentin D. Roik ◽  

The article deals with the issues of functioning of the social insurance institution, the organizational-legal and financial forms of which are presented by the state extrabudgetary social funds - Pension Fund of Russia, Mandatory Social Insurance Fund and Mandatory Health Insurance Fund. It considers the main characteristics of social insurance: a) scope of covering the employed population by insurance protection; b) contribution rates as related to wages; c) level of protection of population incomes (pensions and benefits as related to wages and subsistence minimum); d) availability of quality medical assistance and rehabilitation services. There are analyzed the present social risks and problems of the RF insurance system. The main problem is that the amount of financial expenditures on all types of social insurance per beneficiary is about half that of most developed and developing countries. The primary cause is lacking motivation of both employees and employers to participate in the mandatory social insurance and to legalize their earnings. In the conclusion there are formulated a number of proposals for improvement of the institution of social insurance in Russia. It is proposed to expand the range of insurance cases concerning unemployment insurance and care for elderly people, to increase the total amount of compulsory contributions to extrabudgetary insurance funds from 30.2% up to 42.5% from three sources - employees, employers and the state.


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