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 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 Housing and living conditions of working youth in the plants of Buryat-Mongolian ASSR during the Great Patriotic War

2020 ◽  
pp. 86-93
Author(s):  
Anastasiya Nikolaevna Soboleva
Keyword(s):  
Living Conditions ◽  
Industrial Plant ◽  
The Social ◽  
Critical Problems ◽  
The Subject ◽  
The Common ◽  
The Republic ◽  
The Impact ◽  
Poor Nutrition ◽  
The City

The object of this research is the youth of Buryat-Mongolian ASSR as most active social group within the social structure of 1941 – 1945, which was the major source for replenishment of labor reserves. The subject of this research is the examination of core financial and social problems faced by the youth working at the defense industry plants of the republic. Special attention is given to analysis of the impact of wartime struggles and hardships upon household and food procurement. It is noted that shortage of housing, low salaries, insecure life, poor nutrition, deficit of clothing and footwear often led breach of employee discipline. The article explores the important vectors in the activity of Komsomol with regards to housing and living conditions, as well as various forms of financial and psychological incentives that promote adaptation of youth to working at the industrial plant. The scientific novelty consists in introduction into the scientific discourse of a number of previously unpublished source that were collected specifically for this research. As a result of the conducted research, it was established that working youth, who for the most part came from rural localities to the city, were put in quite difficult social and living conditions, experiencing critical problems in the process of adaptation; however, they accomplished significant labor achievements and made their contribution to the common Victory.

Digitalization and protection of citizens' rights compulsory social insurance

2021 ◽  
pp. 398-401
Author(s):  
A.Yu. Gusev
Keyword(s):  
Social Services ◽  
Social Insurance ◽  
Legal Regulation ◽  
Insurance Fund ◽  
English Version ◽  
Social Insurance Fund ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Basic Approaches

The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html

scholarly journals Lenkijos baudžiamojo kodekso 218 straipsnio 1 paragrafas – darbuotojų teisių pažeidimas kaip nusikalstama veika (atskiri aspektai)

Teisė ◽  
2008 ◽  
Vol 66 (1) ◽  
pp. 127-135
Author(s):  
Joanna Łuczak
Keyword(s):  
Present Article ◽  
Social Insurance ◽  
Penal Code ◽  
Labour Relations ◽  
The Social ◽  
The Subject

Straipsnyje nurodomos išplėstinės teisinio regulia­vimo, sietino su darbuotojų teisių pažeidimu, priė­mus 1997 m. Lenkijos baudžiamąjį kodeksą, ribos. Analizuojama Lenkijos Respublikos baudžiamojo kodekso 218 straipsnio 1 paragrafe reglamentuotos nusikalstamos veikos sudėties subjekto problemati­ka, darbuotojo teisės, kylančios iš darbo ir sociali­nės apsaugos teisinių santykių, kaip kodifikuoto ir nekodifikuoto teisinio reguliavimo išraiška. Straips­nyje nurodoma, kad dauguma Lenkijos Respublikos darbo kodekse įtvirtintų darbuotojų teisių – konstitu­ciniai principai, taip pat principai, kylantys iš tarp­tautinių sutarčių; socialinės apsaugos teisės aktai yra nekodifikuoti. Taip pat analizuojama, ar darbuotojų šeimos nariai įgyja teisinę apsaugą, numatytą Len­kijos Respublikos baudžiamojo kodekso 218 straips­nio 1 paragrafe.Lyginant ankstesnį ir dabartinį teisinį regulia­vimą nurodoma, kad nusikalstamos veikos, re­glamentuotos BK218 straipsnio 1 paragrafe, su­bjektas yra nebe asmuo, atsakingas už įdarbinimą įmonėje, bet asmuo, kuris atlieka konkrečius dar­bo ir socialinės apsaugos teisės srities veiksmus; autorė straipsnyje neigiamai vertina Lenkijos bau­džiamojo įstatymo numatytą darbuotojų teisinės apsaugos reguliavimą, nes jame nėra reglamentuo­ta kompensacija už žalą, padarytą kaltais asmenų, padariusių Lenkijos Respublikos baudžiamojo įstatymo 218 straipsnio 1 paragrafo dispozicijoje nurodytą veiką, veiksmais. The present article focuses on the issue of mischievous or persistent infringing upon the employee’s righ­ts, resulting from labour relations or from the social insurance, on the ground of the Penal Code of 1997. As the range of the analyses conducted is limited, special attention was put to the subject – matters of protection and the subject of infringing upon the employee’s rights offence from art. 218 § 1 of the Penal Code2.

The Spectrum of Frames and Disputes in the Umbrella Movement

2019 ◽  
pp. 74-99
Author(s):  
Wing Sang Law
Keyword(s):  
Hong Kong ◽  
Social Movement ◽  
Subject Matter ◽  
Social Mobilization ◽  
Symbolic Power ◽  
Democratic Reform ◽  
Direct Election ◽  
The Social ◽  
The Subject ◽  
The Common

This chapter highlights the importance of how the key campaign groups of the Umbrella Movement contested each other through their efforts of “framing” the movement in different ways so as to realize their competing visions of social mobilization. The Umbrella Movement was basically not a battleground between old and new conceptions of identity; rather, the subject matter was, throughout the process, democratic reform. Having said that, no one can take the Umbrella Movement out of the bigger context of ideological contestation happening over the years and how these contestations affected the prodemocracy cause. The Umbrella Movement was indeed overshadowed by an intense struggle for symbolic power, which might not help to organize the movement in a conventional sense. In other words, underneath the common quest for genuine direct election, a battle of anti-elitism was played out according to the populist logic that allowed its adherents to always play taboo breakers, going against political correctness. Disputes over framing and strategies went hand-in-hand with a subterranean campaign against the elites alleged to be gaining personal benefits by being part of the social movement industry or political establishment. The elites were reframed to be worse enemies than the regime in power instead of someone holding different judgments about tactics and action choices. Such an anti-elitist battle deepened the “culture of distrust” in Hong Kong.

scholarly journals Związki prawa ubezpieczeń społecznych z prawem pracy

2019 ◽  
Vol 16 (3) ◽  
pp. 65-77
Author(s):  
Dorota Dzienisiuk
Keyword(s):  
Human Activity ◽  
Social Insurance ◽  
Insurance Risk ◽  
Labour Law ◽  
Insurance Law ◽  
Legal Methodology

Social insurance law and labour law have been intrinsically interrelated since the very beginning of their existence, as they cover the same sphere of human activity. At present we can observe that these relations are weakening mainly due to the continuously extending personal scope of social insurance law. The most important relations between social insurance law and labour law may be classified as relations of material (defining conditions of granting benefits), functional (legal methodology and political measures) and organisational (administrative) nature. A shift in the direction of the influence on shaping the rights and obligations of the labour relationship parties may be observed. It is no longer labour law that exclusively determines the situations protected (insurance risk), but to a broader extent both social insurance law and labour law are used simultaneously to reach a goal that is pursued.

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 Zwrot świadczeń nienależnych w prawie ubezpieczeń społecznych — wybrane zagadnienia

2017 ◽  
Vol 109 ◽  
pp. 55-69
Author(s):  
Anna Napiórkowska
Keyword(s):  
Social Insurance ◽  
Recent Change ◽  
Insurance Fund ◽  
Insurance Scheme ◽  
Social Insurance System ◽  
Insurance System ◽  
Social Insurance Fund ◽  
The Social ◽  
Recent Modification ◽  
The Subject

RECOVERY OF UNDUE BENEFITS IN THE SOCIAL INSURANCE SCHEME — SELECTED ISSUESThe article refers to the selected issues of the recovery of undue benefits in the social insurance scheme. Initially, the subject matter of the analysis is the recent modification of the art. 84 of the Act of 13 October 1998 on the social insurance system. It is argued in the article that there are not per­suasive arguments why the recent change — introducing the limit for handing down adecision for the Polish Social Insurance Institution art. 84 [7a] of the Act on the social insurance system — does not relate to the contribution payer or the other persons enumerated in the art. 84 6 of the Act on the social insurance system. Furthermore, the paper analyses the notion of the undue benefit in the social insurance scheme and the issues of the instruction. In the article there are emphasized some questions referring to the explanatory proceedings conducted by the Polish Social Insurance Insti­tution ZUS and the issues of the relations between the art. 84 1 and 6 of the Act on the social insurance system. In the conclusion the article analyses the relations between the art. 84 of the Act on the social insurance system and the special regulations, i.e. art. 138 of the Act of 17 December 1998 on pensions from the Social Insurance Fund and art. 66 of the Act of 25 June 1999 on cash social insurance benefits in respect of sickness and maternity.

scholarly journals THE ROLE OF SOCIAL AND PERSONAL INSURANCE IN PROVIDING PUBLIC WELFARE IN UKRAINE

2020 ◽  
pp. 51-64
Author(s):  
Mykhailo KRUPKA ◽  
Iryna PRYIMAK ◽  
Bohdana VYSHYVANA
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Social Insurance ◽  
Social Protection ◽  
Public Welfare ◽  
Pension Insurance ◽  
The Social ◽  
Personal Insurance ◽  
Care System

Introduction. Achieving public welfare is impossible without an effective social protection system, which combines pension insurance, social insurance, health care, as well as material support in difficult life situations. Low budget funding for social protection of population necessitates the use of insurance instruments to neutralize major social risks. However, the role of social and personal insurance in the financial provision of social protection remains insufficient, and its potential in improving the welfare of Ukrainians is underestimated. However, the role of social and personal insurance in the financial provision of social protection remains insufficient, and its potential in improving the welfare of Ukrainians is underestimated. The purpose is to define the role and outline the prospects for the development of social and personal insurance in the context of ensuring public welfare in Ukraine. Results. The essence and main components of social welfare are revealed. It was found that the level of well-being of Ukrainians is ten times lower than in European countries. There are the main negative factors which influence the social protection system defined, in particular: low income and rising expenditures of the Pension Fund of Ukraine and the Social Insurance Fund of Ukraine, the widespread practice of minimizing SSPs by refusing to enter into classic employment contracts in favor of civil agreements with individual entrepreneurs, reduction of the number of insured persons working for hire, high level of labor emigration of Ukrainians. The health care system impact on the growth of public welfare in Ukraine is analyzed. The inefficiency of the current financial support model of the health care system is substantiated, which makes it necessary for households to pay for most of the cost of medical services. Tendencies in the development of the domestic health insurance market are highlighted. Perspectives. It is proposed to revise the principles of building accumulative pension insurance and introduce a budget-insurance model of financing the health care system, which will help to improve the welfare of the population of Ukraine.

Sign in / Sign up

Export Citation Format

Share Document