scholarly journals Związek prawa ubezpieczeń społecznych z prawem cywilnym w świetle orzecznictwa sądowego – wybrane zagadnienia

2019 ◽  
Vol 16 (3) ◽  
pp. 79-97
Author(s):  
Anna Cicherska
Keyword(s):  
Disability Pension ◽  
Social Insurance ◽  
Civil Law ◽  
Employment Contracts ◽  
Insurance Law ◽  
Scope Of Application ◽  
The Moment

This study presents interrelations between social insurance law and civil law. The author describes the nature of social insurance law regulations and their influence on possible invocations of the civil law provisions with regard to cases based on social insurance law. Then, the scope of application of civil law in proceedings before a disability pension authority is presented. The author describes in particular invocation of the civil law provisions in connection with the need to verify accuracy and diligence in execution of social insurance obligations by premium payers. Based on examples selected by the author, the issues of examination of validity of concluded contracts (civil law contracts or employment contracts) and individual contractual stipulations aimed at verification of the moment of inception of entitlement to social insurance or accuracy of verification of premium assessment basis are presented.

scholarly journals LEGAL STATUS OF THE POLICYHOLDER IN THE COMPULSORY STATE SOCIAL INSURANCE AGAINST AN ACCIDENT AT WORK AND AN OCCUPATIONAL DISEASE

2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  
Keyword(s):  
Occupational Disease ◽  
Social Insurance ◽  
Legal Status ◽  
Civil Law ◽  
Insurance Premium ◽  
Material Loss ◽  
Social Contribution ◽  
The Law ◽  
Definition Of ◽  
Compulsory State

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».

scholarly journals Criminal community: crimonological approach

2020 ◽  
Vol 4 (2) ◽  
pp. 109-116
Author(s):  
Margarita G. Kozlovskaya
Keyword(s):  
Criminal Group ◽  
Criminal Organization ◽  
Point Of View ◽  
Community Members ◽  
External Relations ◽  
The Hierarchical Structure ◽  
Internal Interaction ◽  
Scope Of Application ◽  
The Subject ◽  
The Moment

The subject of the research is the criminal community, its characteristics, and features within the framework of criminology. The purpose of the research is to confirm or disprove hypothesis that a criminal community as a criminological phenomenon is nor equal to a criminal organization or an organized criminal group Methodology. The author uses general theoretical methods (comparative analysis, generalization, deduction) and specific methods (formal legal interpretation of legal acts, questionnaires). The main results, scope of application. A criminal organization and a criminal community are different criminological phenomena that differ from each other in significant ways. The differences are both in the degree of criminal organization, and the complexity of the structure of internal and external interaction. From the point of view of a systematic approach, a criminal community is not only a more complex system compared to a criminal organization. It is characterized by an improved structure of internal interaction, in which the hierarchical structure is either complicated, or replaced or supplemented by a network structure. The peculiarity is to complement the system approach with a synergistic one: in the criminal community, the pooling of criminal efforts is carried out more effectively, mainly in the sphere of external relations. The criminal community is a more open system compared to the criminal organization. Certain features can be identified in the contacts of criminal community members with the external environment. The most important feature is a symbiosis of criminal and legal practices that affects the life of entire regions or relatively large masses of the population. The criminal community is a purposeful system with its own specifics. And this specificity is seen in the fact that the criminal community pursues (secretly or openly, at the moment or in the foreseeable future) the achievement of political goals, namely: the possession of power, infiltration into power, undermining power, its capture and retention. It is power, not wealth, that is the real goal of the criminal community, and not just because it is easily converted into wealth. Power is valuable in itself, because it also gives a lot of other advantages. Conclusions. A criminal community cannot be reduced to a criminal organization, much less – to an organized criminal group, and this conclusion requires to be included into legislation.

Sickness Absence and Disability Pension After Breast Cancer Diagnosis: A 5-Year Nationwide Cohort Study

2017 ◽  
Vol 35 (18) ◽  
pp. 2044-2052 ◽  
Author(s):  
Pia Kvillemo ◽  
Ellenor Mittendorfer-Rutz ◽  
Richard Bränström ◽  
Kerstin Nilsson ◽  
Kristina Alexanderson
Keyword(s):  
Breast Cancer ◽  
Sickness Absence ◽  
Cancer Diagnosis ◽  
Health Care Professionals ◽  
Disability Pension ◽  
Social Insurance ◽  
Breast Cancer Diagnosis ◽  
Sociodemographic Factors ◽  
Occupational Health Services ◽  
First Year

Purpose To explore future diagnosis-specific sickness absence and disability pension among women with breast cancer compared with women without breast cancer. Also, to examine associations with disease-related and sociodemographic factors among those with breast cancer. Methods Longitudinal register data on 3,547 women living in Sweden (age 20 to 65 years) who were first diagnosed with breast cancer in 2005, and a matched comparison cohort (n = 14,188), were analyzed for the annual prevalence of diagnosis-specific sickness absence and disability pension over 5 years. Logistic regressions were used to explore associations of disease-related and sociodemographic factors with future sickness absence and disability pension among women with breast cancer. Results Immediately after being diagnosed with breast cancer, the proportion of women with sickness absence was high but decreased continuously from the 1st through 5th year after diagnosis (71%, 40%, 30%, 22%, and 19%, respectively). In comparison, the range for women without breast cancer was 17% to 11%, respectively. The higher prevalence of sickness absence after breast cancer was mainly a result of breast cancer diagnosis, not a mental diagnosis, or other somatic diagnoses. Advanced cancer at diagnosis, > 90 days sickness absence before diagnosis, low education, and being born outside Sweden were associated with higher odds ratios for sickness absence and disability pension (odds ratio range, 1.40 to 6.45). Conclusion The level of sickness absence increased substantially in women with breast cancer during the first year after diagnosis and approached the level of breast cancer–free women in the following years; however, even in the first year, most women were not on sickness absence for a substantial time, and even in high-risk groups, many were not on sickness absence or disability pension in the following years. Information about relatively low future sickness absence and disability pension levels can be used by patients when planning their work, by health care professionals, and by social insurance officers. Employers and Occupational Health Services need this information to adequately handle workplace adjustments.

Problems of the Status of Private Educational Institutions in the Light of the Reform of the Legislation on Proprietary Rights

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Наталия Козлова ◽  
Nataliya Kozlova
Keyword(s):  
Civil Law ◽  
Educational Institutions ◽  
Private Institutions ◽  
Law And Order ◽  
Russian Science ◽  
Operational Management ◽  
The Status ◽  
Scope Of Application ◽  
The Right ◽  
Legal Entities

In the light of the reform of the legislation on proprietary rights and improvement of the provisions on legal entities, a question arises on the necessity to preserve, in the Russian law and order, the structure of private institutions based on the right of operational management. The problem is becoming relevant because this form is widely used for the creation of private educational institutions (schools, higher educational institutions, etc.), and any reforms in this area will affect the customers, the contractors and the consumers of the educational services. The article considers the notion, the significance and the place occupied by private institutions within the system of legal entities according to the Russian civil law, both from the viewpoint of trends of development of civil law and the legal stance of judicial authorities and from the viewpoint of traditions of the Russian science of private law. The author pays special attention to the analysis of the legal nature, structure and scope of application of the right of operational management in proprietary relations. The author substantiates that during the reforming of the legislation on proprietary rights, only governmental (municipal) enterprises and institutions should remain the subjects of the right of operational management. The author analyzes the topical issues of legal bonds between founders in case of a creation of a private institution by several persons, as well as the topical issues of legal bonds between the institution and its founders.

Problems of Application of Civil-Law Institute of Confiscation of Property As Means of Fighting Corruption

2018 ◽  
Vol 7 (3) ◽  
pp. 17-20
Author(s):  
А. Арямов ◽  
A. Aryamov ◽  
Е. Руева ◽  
E. Rueva
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Social Conditions ◽  
Legal Institution ◽  
Legal Norms ◽  
Methods Of Analysis ◽  
Property Confiscation ◽  
The Moment ◽  
Legal Meaning

The article considers the most effective mechanisms for realizing the confiscation of property as a means of counteracting corruption. The confiscation institute is investigated in its civil, not criminal-legal meaning. The authors of the article paid special attention to the analysis of international legal regulation of various issues of confiscation in rem and the problems of implementing this institution in the domestic legal field. An analysis of domestic anti-corruption legislation showed that, for all its similarity with the institution, confiscation in rem, the domestic civil-legal institution of confiscation is not such. In the process of its definition, vices are laid, which nullify the effectiveness of the implementation of this institution. When investigating the civil-law institute of property confiscation, the authors used methods of analysis, synthesis, systemic and functional approaches, formal legal and comparative legal methods. On the basis of these methods, the authors come to the conclusion that Russian legislation ensuring the implementation of Art. 235 GCRF, at the moment does not contain effective tools to combat corruption. The author draws attention to the problem of corruption-relatedness of the anti-corruption legislation. In his opinion, the solution of this problem will require a serious analysis of all normative material, a detailed forecast of the application of legal norms in real social conditions.

scholarly journals Obligations of beneficiary and arising rights in the insurance contract – A Comparative, analytical study –: الأساس القانوني لمسؤولية المؤمن له الناشئة عن عقد التأمين – دراسة مقارنة –

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Muneer Ali Hulaiel
Keyword(s):  
Traffic Accidents ◽  
Civil Law ◽  
Insurance Contract ◽  
Insurance Law ◽  
Vehicle Accidents ◽  
Vehicle Owner ◽  
Legal Provisions ◽  
General Rules ◽  
Financial Consequences ◽  
Car Accident

In this study, the obligations of the beneficiary and his rights to the insurance contract were dealt with as an impact on the insurance contract, which is of interest at present, which is not comparable to any different types and forms of insurance, indicating that the legislation in question has intervened and imposed some types of legal provisions, as in the case of insurance from liability arising from traffic accidents. This is due to the mandatory insurmountably of each vehicle owner, given the risks caused by the damage caused by vehicle accidents and the financial consequences of those responsible for these damages and the aim of this study to address the issue by analysis and comparison between Jordanian civil law, UAE civil transaction law and Egyptian civil law. We referred to some special legislation on compulsory car accident liability insurance. One of the most notable findings is that comparative legislation did not include regulatory provisions for the insurance contract to the extent commensurate with its nature and importance. It is recommended is that there must be a modern, ideal insurance law instead of relying on general rules.

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