Pub Date : 2022-12-01DOI: 10.31262/1339-5467/2022/10/4/89-105
Ridzoň Matúš
The paper deals with the issue of the civil liability and the labour liability in connection with the performance of work in digital platforms. The author offers an overview of the presented issue after having taken into account the general principles of the phenomenon called the collaborative economy. However, he does not assess the collaborative economy as an isolated phenomenon, but analyses it in relation to the controversies it creates in legal relations, with a special emphasis laid on the nature of the liability relationships that arise in connection with it. The correct assessment of the nature of the liability relationships arising in connection with the performance of work in digital platforms has a fundamental impact on whether the resulting relationships will be assessed in accordance with the intentions of the Civil Code or the Labour Code, as well as on the fact of which subjects will be responsible for the damage, to whom they will be responsible and to what extent they will be responsible for the damage caused. The paper results in reflections on the possibilities of improving the current legal regulation in the subject area.
{"title":"Limits of Civil and Labour Liability for Damage when Performing Work in Digital Platforms","authors":"Ridzoň Matúš","doi":"10.31262/1339-5467/2022/10/4/89-105","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/4/89-105","url":null,"abstract":"The paper deals with the issue of the civil liability and the labour liability in connection with the performance of work in digital platforms. The author offers an overview of the presented issue after having taken into account the general principles of the phenomenon called the collaborative economy. However, he does not assess the collaborative economy as an isolated phenomenon, but analyses it in relation to the controversies it creates in legal relations, with a special emphasis laid on the nature of the liability relationships that arise in connection with it. The correct assessment of the nature of the liability relationships arising in connection with the performance of work in digital platforms has a fundamental impact on whether the resulting relationships will be assessed in accordance with the intentions of the Civil Code or the Labour Code, as well as on the fact of which subjects will be responsible for the damage, to whom they will be responsible and to what extent they will be responsible for the damage caused. The paper results in reflections on the possibilities of improving the current legal regulation in the subject area.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127419388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.31262/1339-5467/2022/10/4/55-70
Halířová Gabriela
The paper deals with one of the core benefits of the state social support in the Czech Republic, the housing allowance. As of year 2022, the range of persons entitled to the housing allowance was expanded and the rules for the formation of the entitlement to it have been modified in the context of the rise in energy prices. The study aims to analyse the new conditions for entitlement to the housing allowance and the individual stages of the proceedings for granting the housing allowance (initiation of the proceedings, application requirements, forms of decision-making on the allowance, possibilities of reviewing the individual forms of decisions). The various aspects of the housing allowance and the decision-making (proceedings) for granting it are approximated in selected decisions of the Czech administrative courts.
{"title":"Housing Allowance: The New Conditions for Entitlement and the Proceedings for Granting It with Reflection of Case-law of the Administrative Courts","authors":"Halířová Gabriela","doi":"10.31262/1339-5467/2022/10/4/55-70","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/4/55-70","url":null,"abstract":"The paper deals with one of the core benefits of the state social support in the Czech Republic, the housing allowance. As of year 2022, the range of persons entitled to the housing allowance was expanded and the rules for the formation of the entitlement to it have been modified in the context of the rise in energy prices. The study aims to analyse the new conditions for entitlement to the housing allowance and the individual stages of the proceedings for granting the housing allowance (initiation of the proceedings, application requirements, forms of decision-making on the allowance, possibilities of reviewing the individual forms of decisions). The various aspects of the housing allowance and the decision-making (proceedings) for granting it are approximated in selected decisions of the Czech administrative courts.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115246079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.31262/1339-5467/2022/10/4/19-35
Kowalska Samanta
Plants are an integral part of the living organism of nature. Protection of plant biodiversity is essential to ensure the health of ecosystems. The natural world is characterised by cyclical and mutually complementary processes. If the self-regenerative capacity of nature is disturbed, it results in a breach of the biological balance in the ecosystem and the human environment of life. The rapid degradation of natural habitats prompts one to analyse the existing plant protection mechanism. This paper will analyse environmental regulations and standards, which may be the basis for reforming protection programmes.
{"title":"Protection of Plant Biodiversity in the Light of International Law","authors":"Kowalska Samanta","doi":"10.31262/1339-5467/2022/10/4/19-35","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/4/19-35","url":null,"abstract":"Plants are an integral part of the living organism of nature. Protection of plant biodiversity is essential to ensure the health of ecosystems. The natural world is characterised by cyclical and mutually complementary processes. If the self-regenerative capacity of nature is disturbed, it results in a breach of the biological balance in the ecosystem and the human environment of life. The rapid degradation of natural habitats prompts one to analyse the existing plant protection mechanism. This paper will analyse environmental regulations and standards, which may be the basis for reforming protection programmes.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"275 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123711976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.31262/1339-5467/2022/10/4/36-54
Opalska-Kasprzak Agata
Conditional discontinuation of the proceedings is a probation measure enabling perpetrators of minor offenses to avoid conviction and punishment. Under the currently applicable provisions of the Polish law, conditional discontinuation of the proceedings is one of the three measures related to putting the perpetrator on trial. The use of the described probation measure is possible only in the case of cumulative fulfilment of the conditions specified in the Article 66 of the Polish Penal Code. One of them is the so-called positive criminological forecast, which consists of many elements related to the perpetrator, because only the characteristics of the perpetrator strictly defined in the corresponding provision may determine the prognosis. The general point is to drop the conviction and, at the same time, to punish the perpetrator of the crime. The measure in question is only optional and may only be ordered by a court judgement.
{"title":"Positive Criminological Forecast as a Premise for Conditional Discontinuation of the Proceedings","authors":"Opalska-Kasprzak Agata","doi":"10.31262/1339-5467/2022/10/4/36-54","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/4/36-54","url":null,"abstract":"Conditional discontinuation of the proceedings is a probation measure enabling perpetrators of minor offenses to avoid conviction and punishment. Under the currently applicable provisions of the Polish law, conditional discontinuation of the proceedings is one of the three measures related to putting the perpetrator on trial. The use of the described probation measure is possible only in the case of cumulative fulfilment of the conditions specified in the Article 66 of the Polish Penal Code. One of them is the so-called positive criminological forecast, which consists of many elements related to the perpetrator, because only the characteristics of the perpetrator strictly defined in the corresponding provision may determine the prognosis. The general point is to drop the conviction and, at the same time, to punish the perpetrator of the crime. The measure in question is only optional and may only be ordered by a court judgement.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131940200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.31262/1339-5467/2022/10/3/34-58
Małgorzata Grześków
The paper discusses the issue of the fine line between fictitious employment and discrimination. The presented study is a reflection from the Polish perspective. The purpose of this paper is to present the Polish regulation and authorities’ practices concerning the entitlement of women who began employment during pregnancy to social security benefits. The manuscript emphasizes that pregnancy does not create any presumption of fictitious employment, and the refusal to grant social security benefits to such women often leads to discrimination.
{"title":"The Border between Employment Fiction and Discrimination: Reflection on the Employment of Pregnant Women from the Polish Perspective","authors":"Małgorzata Grześków","doi":"10.31262/1339-5467/2022/10/3/34-58","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/3/34-58","url":null,"abstract":"The paper discusses the issue of the fine line between fictitious employment and discrimination. The presented study is a reflection from the Polish perspective. The purpose of this paper is to present the Polish regulation and authorities’ practices concerning the entitlement of women who began employment during pregnancy to social security benefits. The manuscript emphasizes that pregnancy does not create any presumption of fictitious employment, and the refusal to grant social security benefits to such women often leads to discrimination.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122365109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.31262/1339-5467/2022/10/3/77-95
Gabriela Halířová
The paper deals with the concept of “child upbringing” by a parent in the pension insurance. First, attention is paid to which persons are considered to be the parents of a raised child, then the fulfilment of the condition of the child’s upbringing is analysed for the purpose of determination of the retirement age of women as one of the conditions for the entitlement to an old-age pension. The individual aspects of a child’s upbringing are described in selected court decisions. From year 2023, upbringing of a child also plays a role in increasing the old-age pension. In this context, a discrepancy in the legal regulation in the assessment of children who died at a young age is pointed out. The reasons for the emergence of this contradiction are analysed, undesirable effects in determining the retirement age of women are pointed out and possible solutions are outlined.
{"title":"Upbringing of Child by a Parent for the Purpose of Determination of Retirement Age and Increase of Old-Age Pension","authors":"Gabriela Halířová","doi":"10.31262/1339-5467/2022/10/3/77-95","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/3/77-95","url":null,"abstract":"The paper deals with the concept of “child upbringing” by a parent in the pension insurance. First, attention is paid to which persons are considered to be the parents of a raised child, then the fulfilment of the condition of the child’s upbringing is analysed for the purpose of determination of the retirement age of women as one of the conditions for the entitlement to an old-age pension. The individual aspects of a child’s upbringing are described in selected court decisions. From year 2023, upbringing of a child also plays a role in increasing the old-age pension. In this context, a discrepancy in the legal regulation in the assessment of children who died at a young age is pointed out. The reasons for the emergence of this contradiction are analysed, undesirable effects in determining the retirement age of women are pointed out and possible solutions are outlined.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129145105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.31262/1339-5467/2022/10/3/19-33
M. Štefko
The aim of this paper is to show, using the example of the Section 101(5) of the Czech Labour Code, that the recodification of private law has had a number of consequences, even to the point of making previously excluded constructions permissible. If the general courts originally rejected the employer’s liability for harm caused to the third parties at his/her workplaces, now, after the recodification, such liability is being imported. However, the rather complex legal regulation for a layman is still not settled in the application practice, and the courts are still looking for its optimal implementation in situations of ordinary life. Thus, despite a more favourable regulation for him/her, the injured party may still lose in the implementation of his/her right, if he/she incorrectly estimates the legal position of the responsible entity.
{"title":"Liability of the Employer for Injury Caused to a Third Party in His or Her Workplace","authors":"M. Štefko","doi":"10.31262/1339-5467/2022/10/3/19-33","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/3/19-33","url":null,"abstract":"The aim of this paper is to show, using the example of the Section 101(5) of the Czech Labour Code, that the recodification of private law has had a number of consequences, even to the point of making previously excluded constructions permissible. If the general courts originally rejected the employer’s liability for harm caused to the third parties at his/her workplaces, now, after the recodification, such liability is being imported. However, the rather complex legal regulation for a layman is still not settled in the application practice, and the courts are still looking for its optimal implementation in situations of ordinary life. Thus, despite a more favourable regulation for him/her, the injured party may still lose in the implementation of his/her right, if he/she incorrectly estimates the legal position of the responsible entity.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133888178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.31262/1339-5467/2022/10/3/96-124
Miloš Lacko
The paper focuses on fundamental social legal measures that currently make it easier for an employed parent (man) to care for a child shortly after birth and on newly proposed measures as a result of the transposition of the European Parliament and the Council Directive (EU) 2019/1158 of June 20, 2019, on Work-Life Balance for Parents and Carers and repealing Council Directive 2010/18/EU. These measures should more fully fulfil the value approach of reconciling parents’ family and working life (expressed as a goal in the Article 33 of the Charter of Fundamental Rights of the European Union). The subject of the analysis is the parental leave of the child’s father in the period shortly after the birth (de lege ferenda paternity leave) and parental leave for the purpose of deepening the care of the child and the related cash benefits, such as maternity and parental allowance. Finally, the question of the performance of the parent’s gainful activity while receiving maternity benefits covering the introduced paternity leave is also outlined.
{"title":"Social Legal Institutes Supporting the Care of Employed Parent for a Child","authors":"Miloš Lacko","doi":"10.31262/1339-5467/2022/10/3/96-124","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/3/96-124","url":null,"abstract":"The paper focuses on fundamental social legal measures that currently make it easier for an employed parent (man) to care for a child shortly after birth and on newly proposed measures as a result of the transposition of the European Parliament and the Council Directive (EU) 2019/1158 of June 20, 2019, on Work-Life Balance for Parents and Carers and repealing Council Directive 2010/18/EU. These measures should more fully fulfil the value approach of reconciling parents’ family and working life (expressed as a goal in the Article 33 of the Charter of Fundamental Rights of the European Union). The subject of the analysis is the parental leave of the child’s father in the period shortly after the birth (de lege ferenda paternity leave) and parental leave for the purpose of deepening the care of the child and the related cash benefits, such as maternity and parental allowance. Finally, the question of the performance of the parent’s gainful activity while receiving maternity benefits covering the introduced paternity leave is also outlined.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115821298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-01DOI: 10.31262/1339-5467/2022/10/3/59-76
M. Krawczyk
Russia’s aggression against Ukraine on February 24, 2022, triggered a migration crisis unprecedented in the Central and Eastern Europe. The mass of refugees from Ukraine moved towards Poland, Slovakia, Hungary and Romania. Most of the refugees, however, ended up in Poland. Both the Polish state and society welcomed the refugees with great openness. Nevertheless, the influx of such a large number of the Ukrainian citizens on the territory of Poland made the authorities responsible for the systemic regulation of their stay, treatment, employment, education in schools, etc. Systemic solutions, in this regard, were adopted in the Act of March 12, 2022, on Assistance to the Ukrainian Citizens in Connection with the Armed Conflict in the Territory of that State. The paper discusses the most important regulations of the act in question.
{"title":"Migration Policy of the Authorities of the Republic of Poland in Connection with the Crisis Caused by the War in Ukraine in the Light of the Act on Assistance to the Ukrainian Citizens","authors":"M. Krawczyk","doi":"10.31262/1339-5467/2022/10/3/59-76","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/3/59-76","url":null,"abstract":"Russia’s aggression against Ukraine on February 24, 2022, triggered a migration crisis unprecedented in the Central and Eastern Europe. The mass of refugees from Ukraine moved towards Poland, Slovakia, Hungary and Romania. Most of the refugees, however, ended up in Poland. Both the Polish state and society welcomed the refugees with great openness. Nevertheless, the influx of such a large number of the Ukrainian citizens on the territory of Poland made the authorities responsible for the systemic regulation of their stay, treatment, employment, education in schools, etc. Systemic solutions, in this regard, were adopted in the Act of March 12, 2022, on Assistance to the Ukrainian Citizens in Connection with the Armed Conflict in the Territory of that State. The paper discusses the most important regulations of the act in question.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129477814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-01DOI: 10.31262/1339-5467/2021/9/3/118-134
Karol Ryszkowski, Neuro José Zambam
The purpose of this paper is to prove the importance of legal and economic spheres for the realization of justice according to the Amartya Sen’s Theory of Justice. In the most stable democratic societies, the legal system is an indispensable reference and demonstrates the strength of the population’s political values and convictions in relation to the social organization at present and in subsequent periods. Empirical data and two laws that contribute to the social equity, participation, exercise of freedom and the overcoming of inequalities in Brazil are presented. The Amartya Sen’s contribution is relevant in the world for the recovery, updating and improvement of democracy.
{"title":"Prevention and Fight against Avoidable Injustices from Amartya Sen – Legal and Economic References","authors":"Karol Ryszkowski, Neuro José Zambam","doi":"10.31262/1339-5467/2021/9/3/118-134","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/3/118-134","url":null,"abstract":"The purpose of this paper is to prove the importance of legal and economic spheres for the realization of justice according to the Amartya Sen’s Theory of Justice. In the most stable democratic societies, the legal system is an indispensable reference and demonstrates the strength of the population’s political values and convictions in relation to the social organization at present and in subsequent periods. Empirical data and two laws that contribute to the social equity, participation, exercise of freedom and the overcoming of inequalities in Brazil are presented. The Amartya Sen’s contribution is relevant in the world for the recovery, updating and improvement of democracy.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129916129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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