Suchergebnisse

The author of the article has studied international and legal acts that envisage the norms that provide social vacations for employees. The author has analyzed experience of legal regulation of social vacations in the USA, the countries of the European Union, the countries of the former Soviet Union, etc. It has been noted that the current period of development of the state and society makes new demands on the socialization of labor legislation, especially for employees with family responsibilities, taking into account the positive international experience. It is very important aspect of the welfare state, society must provide such persons with certain social protection and assistance, as well as labor benefits in connection with the responsibilities of raising children and other circumstances, because employees with family responsibilities have the possibility to combine their professional activities with family responsibilities without the damage for their own health, the interests of children and society. Social protection in a modern democratically organized society is the sphere of intersection of vital interests of citizens related to the realization of their socio-economic rights. It is the sphere of reflection of such universal values as equality, social justice, humanism and other moral principles of civilized society. Proper realization of the right to social protection helps to increase the individual status of a person and further the development of democratic principles of society. Therefore, it is necessary to take into account the positive international experience in the legal regulation of social vacations in the period of reforming the labor legislation of Ukraine. The author of the article has provided scientifically substantiated conclusions on the borrowing positive international experience of legal regulation of social vacations and implementing into national legislation. ; В статье рассматриваются международно-правовые акты, предусматривающие нормы по предоставлению работникам социальных отпусков. Анализируется опыт правового регулирования социальных отпусков США, стран Европейского Союза, стран, входивших в бывший Советский Союз, и др. Предоставляются научно обоснованные выводы по заимствованию в национальное законодательство положительного зарубежного опыта правового регулирования социальных отпусков. ; У статті розглянуто міжнародно-правові акти, які передбачають норми щодо надання працівникам соціальних відпусток. Проаналізовано досвід правового регулювання соціальних відпусток США, країн Європейського Союзу, країн, що входили в колишній Радянський Союз, та ін. Надано науково обґрунтовані висновки із запозичення в національне законодавство позитивного закордонного досвіду правового регулювання соціальних відпусток.

The aims of this study are to analyze and describe National Regulatory Body in the context of Indonesian Law after the Amendment of Formulation of Laws and Legislation Act. The method used is a qualitative research method that is normative legal research with a focus of research that is discussing the politics of law of forming a national regulatory body. The study revealed that the substance in Law number 15 of 2019 is the existence of a new institution that organizes government affairs in the field of the formation of legislation. The agency in the Amendment to the PPP Act, among others, has the function or task of coordinating the preparation of legislation program within the Government, coordinating the planning of the drafting of Presidential Decree coordinating the harmonization, rounding up, and consolidating the conception of a draft bill originating from the President, coordinating the preparation of deliberations for the Draft Bill with the Parliament, coordinating the harmonization, rounding up, and consolidating the conception of the bill originating from the President and strengthening the conception of the draft of Decree, coordinating the harmonization, rounding and consolidation of the draft Decree, enacting legislation in the Official Gazette of the Republic of Indonesia or the Official Gazette of the Republic of Indonesia.

The citizens' right to participate in the conducting the public affairs is accepted as one of the democracy principles constituting the base of the good governance. The members states of the European Council have to embed the participation principle in the internal laws and, if necessary, in the Constitutions. The legal aspects of participatory governance in local self-government are analysed in this article. In accordance with the documents of international organisations, international and Lithuanian acts of law, participation is one of main principles of the good governance. The analysis of participation principle helps to disclose in which way and in what forms local residents can participate in management of the public municipal affairs. It is identified, that the content of participation principle includes: direct participation of local residents in preparation of and discussion on the decisions' projects; direct participation of local residents in the meetings, rallies and polls; direct participation in the analysis of public petitions. Furthermore, the municipal institutions have to inculcate the principles of self-government in the institutions of education, cultural and in other, to support associations initiatives, which are related to the managing the public municipal affairs. Accomplished analysis of law acts allowed to establish that the implementation of residents' municipal rights is concurrent with the institutions, through which this right is implemented, and (or) with the organisation and activity of their accountable institutions.

The citizens' right to participate in the conducting the public affairs is accepted as one of the democracy principles constituting the base of the good governance. The members states of the European Council have to embed the participation principle in the internal laws and, if necessary, in the Constitutions. The legal aspects of participatory governance in local self-government are analysed in this article. In accordance with the documents of international organisations, international and Lithuanian acts of law, participation is one of main principles of the good governance. The analysis of participation principle helps to disclose in which way and in what forms local residents can participate in management of the public municipal affairs. It is identified, that the content of participation principle includes: direct participation of local residents in preparation of and discussion on the decisions' projects; direct participation of local residents in the meetings, rallies and polls; direct participation in the analysis of public petitions. Furthermore, the municipal institutions have to inculcate the principles of self-government in the institutions of education, cultural and in other, to support associations initiatives, which are related to the managing the public municipal affairs. Accomplished analysis of law acts allowed to establish that the implementation of residents' municipal rights is concurrent with the institutions, through which this right is implemented, and (or) with the organisation and activity of their accountable institutions.

The article discusses the current administrative and legal aspects of certain areas of reform of control and supervisory activities in the Russian Federation regarding the introduction of a risk-based approach, the process of its implementation and automation of this activity in comparison with foreign countries, including the countries of the British Commonwealth, the USA, Australia, etc. In the process of research, general scientific and particular scientific methods of cognition were applied: analytical, logical, mathematical, structural-functional, comparative-legal. The main contribution made by the authors in this article is the conclusion that it is necessary to develop legislation in the field of improving administrative and legal relations in the field of the state control system, supervision in general, and a separate direction for the modernization of this activity - a risk-based approach to the planning of ongoing inspections, in particular. The authors have developed a methodology for determining risk categories, and proposed mechanisms for its implementation in the Russian control and supervision doctrine as a basic organizational and legal principle that contributes to the qualitative development of a risk-based approach, the use of dynamic risk assessment models, and the transition to smart state regulation of the sphere of control and supervision.

This article discusses whether college athletes should be considered employees under a broad range of employment statutes. The central thesis is that, if college athletes are persistent, it is inevitable that some of them, somewhere, sometime, will be found to be employees. A major reason for this is that the basic rules for determining who is an employee lean in college athletes' favor across a broad range of employment statutes, including private- and public-sector collective bargaining laws and laws protecting individual employment rights. College athletes are also likely to be classified as employees at some point because there are literally hundreds of different employment statutes. College athletes will have many independent opportunities to present their claims. Finally, claims by the NCAA and its member institutions to a special exemption for coverage under all these statutes are weak. The analogy to antitrust law, where the NCAA has been treated favorably, is inapt. Moreover, the courts will be reluctant to create non-statutory exceptions to important state and federal labor protections where the legislature has failed to do so.

Abstract
Early socialism from the second half of 19th century Romania is experiencing a systematic comeback among historians and social scientists. The works of Constantin Dobrogeanu-Gherea, the founding father of Romanian Marxism, occupy a central place in this newfound attention towards the origins and struggles of socialism in Romania. This paper addresses Gherea's interpretation of anarchism on par with his doctrine of 'legal socialism'. Its purpose is to prove how anarchism acts as a more than tactical catalyzer for legal socialism, placing the latter not necessarily on a new ideological perspective, but further on the terrain of Romanian political status-quo of late 19th and early 20th century Romania. Although more principled than tactical, Gherea's repudiation of anarchism in progressively unsubstantial Marxist terms has also led to tactical shortcomings. This was the case of the first Romanian socialist party, which was dissolved and absorbed after only six years of existence within the ascending liberal party.

Foreword 1 -- Notes -- Foreword 2 -- Series Editors' Preface -- Notes -- Acknowledgements -- Contents -- Abbreviations -- List of Figures -- List of Tables -- Chapter 1: Introduction -- 1.1 How This Book Came About and Why It Is Needed -- 1.2 Methodological Aspects -- 1.2.1 Political and Historical Background Analysis -- 1.2.2 Legal Analysis -- 1.2.3 Empirical Research -- 1.2.4 Pros and Cons of the Methodology -- 1.3 Outline -- Notes -- Bibliography -- Chapter 2: Protection of Human Rights Defenders -- 2.1 Introduction -- 2.2 Who Are the Human Rights Defenders? -- 2.3 Why Protect Human Rights Defenders? -- 2.4 Examples of National Public Policy for Protecting Human Rights Defenders in Latin America -- 2.5 Conclusion -- Notes -- Bibliography -- Chapter 3: Brazil's Path Towards Human Rights -- 3.1 Introduction -- 3.2 Politics of Human Rights Through Brazil's Re-Democratization -- 3.2.1 Military Dictatorship (1964-1985) -- 3.2.1.1 First Phase of the Spiral Model: Repression and Activation of Network -- 3.2.1.2 Second Phase of the Spiral Model: Denial -- 3.2.1.3 Third Phase of the Spiral Model: Tactical Concessions -- 3.2.2 Transition to Democracy (1985-1990) -- 3.2.2.1 Fourth Phase of the Spiral Model: Prescriptive Status -- 3.2.3 Constitutional Democracy (1990-2017) -- 3.3 Structural Problems and the Role Played by Human Rights Defenders -- 3.4 Conclusion -- Notes -- Bibliography -- Chapter 4: State and Civil Society's Responses to State and Non-State Actors' Violence Towards Human Rights Defenders -- 4.1 Introduction -- 4.2 Violence Against Human Rights Defenders -- 4.2.1 State Violence Against HRDs -- 4.2.2 Non-State Violence Against HRDs -- 4.3 Responses to Violence Against Human Rights Defenders -- 4.3.1 Civil Society Responses to Violence Against HRDs -- 4.3.2 State Responses to Violence Against HRDs -- 4.4 Conclusion -- Notes

Abstract
Last January, the Spanish Supreme Court dismissed the appeal brought against a judgment of the Madrid Provincial Court rejecting the status of 'actor' of one of the characters who, together with the announcer, regularly took part in one of the most famous television quiz shows in Spain during the 1990s: 'Cifras y Letras'. This was a person who acted as an expert teacher of letters whose role consisted basically in constructing long words of nine letters in response to the answers given by the contestants, conversing with them in a very natural and fluent manner on the basis of the script and the informative help which he was given at the time of the production. The inadmissibility of the appeal lodged by 'the professor' deprives us of knowing, for the first time, how the concept of performer in Spanish intellectual property law should be interpreted, and even, enjoying all the requirements of an autonomous concept of European Union law, of knowing what the interpretation of the CJEU would be. However, by giving finality to the Audiencia's judgment, it provides us with the opportunity to delve deeper into this concept by analysing the legal requirements that the artist and her performance must meet. Considering that a protectable performance gives rise to the neighbouring right including the right to receive an equitable remuneration of compulsory collective management for the public communication of the recording containing her performance, clarifying which performances are protected becomes crucial for the proper functioning of the system.

Advances in the area of reproduction constantly raise important bioethical questions and, occasionally, legal ones. Thus, ever more precise predictive genetic diagnoses force us to take decisions such as whether or not to have a child with a disability or proceed with abortion, etc. In this research paper, the ethical aspects in conflict are analyzed, taking into account the legal regulation in place in relation to these increasingly common practices. ; Constantemente, los avances en el ámbito de la reproducción plantean cuestiones bioéticas y en ocasiones, también jurídicas de gran relevancia. Así es, los diagnósticos genéticos predictivos cada vez más preciosos nos obligan a tomar decisiones tales como: la de tener un hijo con una discapacidad o anomalía, proceder a un aborto, etc. En este trabajo de investigación, se analizarán los aspectos éticos en conflicto, teniendo presente la regulación jurídica que existe al respecto de estas prácticas cada vez más cotidianas.

This article investigates the working identities of slaves and freedmen involved in the economies of Roman ports between the first century BCE and the second century CE. Textual evidence (from manuscripts to more diverse epigraphic productions) reveals the great diversity that predominated within these social categories. This heterogeneity was related to the level of technical difficulty involved in the tasks that were performed and thus to workers' professional skills, as was the case in other urban economies. Nevertheless, factors specific to port economies, particularly with regard to long-distance trade, were also important. The opposition between unskilled workers and trusted agents represents only a part of this broad spectrum. The complexity that can be observed lies in the lack of correspondence—or even the dissonance—between the legal, social, and work statuses of individuals.

6: Solicitor General Influence and BriefsA SHORT HISTORY OF SUPREME COURT BRIEFS; DATA, MEASUREMENT, AND MATCHING; Brief Clarity; Attorney Experience; Case Salience; Information Quantity; METHODS AND RESULTS; Author Identity and Language Borrowing; Winning Status and Language Borrowing; Author Identity, Winning Status, and Language Borrowing; Author Identity, Winning (or Losing) Status, Mode of Participation, and Language Borrowing; DISCUSSION; 7: Solicitor General Influence and Legal Doctrine; STARE DECISIS AND THE EVOLUTION OF LEGAL DOCTRINE; Doctrinal Development and Justices' Preferences.