SOCIAL CLAUSES AS AN INSTRUMENT SUPPORTING THE SOCIAL ECONOMY SECTOR

Based on the research results, the article presents opinions of the representatives of social economy sector and local authorities on the current use of social clauses indicated in public procurement regulations, which are a tool oriented at increase of participation of the social economy sector in the public procurement market. The research confirms low usage of social clauses mechanism. The main constraints in use of these tools by local authorities include: lack of sufficient knowledge about social benefits arising from providing social services by social economy units and fear of using a legal measure that limits competition of entities operating on the free market. The respondents underline that information about the goals of social economy and the its potential are the basis for activities aimed at increasing interest in using the social clause mechanism.

Problematyka imperium Państwowej Inspekcji Pracy na przykładzie wystąpienia inspektora pracy

The labour inspector’s statement constitutes a non-statutory form of enforcing labour rights. In this context, we can see a variety of problems related both to the impact of the legal measure itself, appealing against it, as well as to the role it plays in ensuring compliance with employment rights. The jurisprudence and literature to date indicates explicitly that the employer’s failure to comply with the content of the labour inspector’s speech does not give rise to any negative legal consequences. Nevertheless, employers who do not agree with the solutions recommended by the authority through the labour inspector’s speech perceive this specific measure as a special type of decision. The decision itself, in turn, seems to be a natural manifestation of the state, the authority indicating to the subject of law the individual directions of its behaviour. However, this is, in fact, a different act. The article doubts the implementation of the model of labour supervision and control assumed by the legislator in the light of the measure outlined in the labour inspector’s speech. As a result, allowing this measure to be left to the inspector’s discretionary use may lead to the reinforcement of the feeling of a lack of efficiency on the part of the state bodies in the field of protection of workers’ rights, especially that the cases of its use are an open catalogue, which includes issues such as working time or the employment of young people. In order to better understand these trends, two examples are discussed where the National Labour Inspectorate had an impact on situations of a gross violation of labour law standards. A de lege ferenda direction has also been indicated, which means the creation of the institution of “re-inspection” of the employer. The existence of a non-authoritative “recommendation”, which is a statement by the labour inspector, is in fact a manifestation of the implementation of Article 17, paragraph 2 of the ILO Convention No. 81, which would not be incompatible with the consequence in the form of addressing a statement.

Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application

The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

Maternity capital as an economic and legal measure to stabilize the demographic situation in Russia

The authors consider the legislative framework, identify the essence of maternity capital and explore the specifics of its organizational and legal mechanism. The result of the work was the identification of the main economic and legal problems of the development of maternity capital and the development of ways to modernize the maternity capital system in order to stabilize the demographic situation in Russia and increase the effectiveness of state support for families with children. In order to conduct a comprehensive study of the institute of maternity capital in Russia, the authors analyzed in detail the norms of international and domestic legislation, studied the statistical data of the Pension Fund of Russia and analyzed the materials of judicial practice. The results of this study can be considered when improving Russian legislation, as well as serve as a basis for preparing interdepartmental comprehensive measures to improve the socio-economic development of our country.

Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

مكافحة الجرائم الإلكترونية وعقوباتها

يتناولُ هذا البحثُ التعريفَ بتقنيةِ المعلوماتِ، وماهية الجريمة الإلكترونية، والأخطار الناجمة عنها وتصنيف المُجْرِمين الإلكترونيين، وتنويع الجرائم المُتعلقة بتقنية المعلومات، والأسباب التي تعزي إلى صعوبةِ الكشفِ عنها، وإيراد نموذجًا للجرائم التقنية وفقًا لأحكام القانون الجنائِيّ الإماراتِيّ والمصرِيّ المُتعلقين بمكافحة جرائم تقنية المعلومات. ويشيرُ البحثُ في إيجازٍ إلى: التعريف بالجريمة، وركنها المادي، وبيان شروط الركن المادي، والركن المعنوي، والعقوبة الأصيلة للجريمة، والعقوبة في صورتها المشددة، والعقوبات البديلة. وينطوي البحثُ أيضًا على الأسس الشرعية المُتضمنة حظر الجرائم الماسة بتقنيةِ المعلوماتِ تبعًا لنصوص القرآن الكريم، والسنة النبوية الشريفة، والقواعد الفقهية القاضية بحظر جرائم الانتحال الإلكتروني. ويشتملُ هذا البحثُ على مُقدمةٍ، وخمسة مباحث، وخاتمةٍ على النحو الآتـي: المبحث الأول الأصل الشرعي في تحريم الجرائم الإلكترونية، والمبحث الثاني تعريفات عامة للجرائم المعلوماتية وتصنيفها، والمبحث الثالث أنواع المجرمين المحترفين في المعلوماتية التقنية، وصعوبة اكتشافهم، والمخاطر الأمنية للإنترنت، والمبحث الرابع نماذج من أحكام القانون الجنائي الإماراتي والمصري في مكافحة الجرائم الإلكترونية، والمبحث الخامس الأدلة الرقمية لإثبات الجرائم الإلكترونية وفقًا للقضاءين الإماراتِيّ والمصرِيّ، ثمَّ جاءَت الخاتمةُ لتحتوي على أهم النتائج والتوصياتِ. By this forgoing paper which bearing the title: Combating Electronic Crimes According to Provisions of Criminal Laws of Emirates and Egypt, It Aims to, Enforcement to principals of shariah Law actualization which intents detterence commission crimes through mechanism of” Amr Bil Maroof and Nahy An Munkar”, actualization to the measures of shariah Law that prevent disobedience and electronic crimes. To explain that application of shariah legal maxims such as: "Al Ghurm Bi Al ghunm" whereby it implies whoever owns illegally as a result of committing an offense on a property of whosever should be suffered a penalty, typically to the legal maxim " La dharar wa La dirar ".(damage should be removed) The research methodology which adopted is the descriptive and analytical methods where the researcher intents to define, explains elements and punishments of the crimes. On the other hand the researcher under took the analytical method where he proceeds comparison between the provisions of the two selective criminal laws of Emirates and Egypt, for the achievement the purpose of identification of the similarity and distinctiveness. The problems that presumed to be settled by this research such as: Are there any legal basis to criminalize electronic crime with reference to shariah law? Are there any legal justifications to enforce punishment of fine on the criminal hackers? What are the dangerous consequences for committing the electronic crimes? What are the negative effects for commission electronic crime on individuals and societies at large, and what are the preventive international standards measure and strategies in this context? Concerning the expected achievements by this research, It will enrich the Islamic Library because a comparative research on this topic is so scarce and limited. It will guide the researchers by exploring a new referencing methods for application shariah law, It provides and exposes the legal measure for combating the electronic crimes by using the techniques of detection the electronic criminals by hiding cameras, intelligent phone thumb prints to enable the police investigative officer to deter, identify and arrest the electronic criminals. In the light of combating the researcher advices government officers’ bankers and others to provide top advanced sophisticated technological systems to protect their computers and account numbers against the expected threads of the electronic offences.

A Vindicatory Action as a Legal Measure of Protection of Property Rights of Legal Entities

The vindication claim is a traditional way of protecting the legal entities real property. The problem of vindication does not lose its relevance in the conditions of the development of a market economy and property turnover both theoretically and practically. The main idea of this article is to identify the features of the vindication claim use as a way of protecting the legal entities real property. To achieve this goal, the author formulates the following tasks: the analysis of the possibility of the real property vindication; identification of the specifics of the real property as the vindication objects; the role of the real property state registration; identification of features of the vindication procedure in relation to the legal entity will; analysis of legal positions developed by judicial practice.

Środek karny z art. 39 pkt 2b k.k. a prawo ofiary i sprawcy do samostanowienia

The penal measure of a prohibition on being in certain communities and locations, on contacting certain individuals or on approaching certain individuals or on leaving a specific place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the repeat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justified, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.

The substrate of criminal-legal influence

The aim of the article is found on the idea of measure as a substrate of criminal-legal influence. The publication proposes to consider the measure as a substrate of external forms of legal influence and criminal-legal measure as a primary element of all external forms of criminal-legal influence (in connection with the commission of a criminal act). The analysis allows us to conclude that the substrate of legal influence is a basic element of socio-legal regulation (which substantively combines a system of techniques and methods of influence used to obtain a positive and socially significant result). It should be understood that a criminal-legal measure is a system of techniques and methods of coercive and rehabilitation-encouraging influence of the state on criminal practices (criminal offenses, objectively illegal acts, abuse of law) and lawful post-criminal behavior, which is carried out by the law, determined by the socio-cultural environment. It is concluded that such ideas of Leonardo Polo as coexistence, the abandonment of mental limit, his thoughts on ethics, knowledge, and law can be applied successfully when the criminal-legal measure is characterized by several features that distinguish it from measures of the legal influence of another industry.