2) a person included in the list in accordance with Item 2 of Article 6 of Federal Law of 7 August 2001, No. 115 FZ, “On counteraction to the legalization (or laundering) of monies received in a criminal way, and to the financing of terrorism”.
On the one hand, the ban on the activity of these persons and public unions is quite logical. On the other, there exists a probability of an arbi trary placement of foreign citizens in these two categories (especially in the first one, because the list referred to in Item 2 is compiled on the basis of formal criterion – the non participation of the country, of which a given person is a citizen, in the international cooperation against money laundering and against financing of terrorism). Consequently, the probability of an arbitrary restriction of the participation of foreign citizens in public unions becomes stronger.
The following innovations can pose an objective threat to the inde pendence of public unions and to the possibility of their normal func tioning.
Firstly, a ban has been placed on the activity of all foreign and inter national organizations in the territories of close administrative territorial formations, which restricts the opportunities for public control in those formations.
Secondly, the right of bodies of authority to deny to structural sub divisions of foreign organizations the entry of the affiliations and repre sentative offices of foreign not for profit organizations in the register makes the advising procedure envisaged for them equal, in effect, to a permitting procedure, which also represents a restriction.
Thirdly (and most importantly), an unjustifiably strict procedure of control over the activity of public unions is established. The controlling body has the right to do the following:
1) to request from the governing bodies of public unions their order documents;
2) to send their representatives for participation in events being or ganized by public unions;
3) to conduct, no more than once a year, checks of the compatibility of the activity of public unions, including in spending money and use of another property, with their chartered goals in the procedure determined by the federal body of executive authority performing the functions of normative – legal regulation in the sphere of justice (it should be noted that this norm contradicts Article 7 of Federal Law “On the protection of rights of juridical persons and individual entrepreneurs during the execution of state control (or supervi sion)” of 8 August 2001, No. 134 FZ, in accordance with which checks of the activity of a juridical person can be conducted no more than once a year. In this connection, the procedure for a check has not been regulated legislatively, which opens opportuni ties for the executive authority to establish such a procedure that would place the public unions being checked in an unfavorable po sition);
4) to request and receive information concerning the financial and economic activity of public unions from state statistics agencies, from a federal body of executive authority, from a commissioner for control and supervision in the sphere of taxes and levies, as well as from credit institutions and other financial organizations (thereby expanding the range of persons with access to the tax and banking secrets of public unions and increasing the associated risks).
The extensive powers granted to the checking bodies, which are not restricted by any transparent and open checking procedure, create op portunities for administrative violations. Considering the fact that the majority of Russian courts of justice are controlled by the executive au thority, while the European Human Rights Court is overloaded (on December 2006 the State Duma refused to ratify Protocol No. 14 to the European Human Rights Convention, which envisaged a substantial simplification of the procedure for considering similar cases and, con sequently, would have increased the Court’s capacity to deal with its workload), there is no hope that appeals against the actions of supervi sory bodies can have effective results.
Thus, the adopted wording of the Law worsens the position of public organizations to a much lesser degree than it would have been in the event of the initial version of the draft law being adopted; however, even in its present form, its provisions do pose a serious threat to normal functioning of public unions.
Annex Social Policies in Poland and Estonia Poland The body responsible for social policy in Poland is the Ministry for Social Policy. The main direction of the Ministry’s activity in the sphere of social support is the implementation of the state social insurance program (including annuity, insurance against accidents and occupa tional diseases, disability, illness and maternity), as well as the provision of social benefits to unprotected strata of the population.
The system of social benefits incorporates the system of social in surance and goes beyond it. Social benefits are as follows:
1. unemployment benefit;
2. various cash benefits designed to support the family;
3. insurance payments:
• annuity insurance payments;
• insurance payments in case of illness, pregnancy and care for a child;
• disability insurance payments;
• disability insurance payments in an event of disability arising as a result of accidents and occupational diseases;
4. payments to uninsured persons.
Two bodies are responsible for the payment of social benefits – the organization of Organization for social insurance and the Fund for social insurance in the sphere of agriculture.
1. Unemployment benefits Unemployment benefits are paid to citizens of Poland, as well as to citizens of the EU member states, for two reasons: loss of employment and search for employment in another EU member state. In order to receive a benefit, one must register with a district employment bureau;
the payment of a benefit begins 7 days after the registration. In this connection, the following terms have to be complied with:
• during the last 18 months preceding the date of registration the person has been paying charges, on at least the minimum amount of salary and during at least 365 days, to the social insurance funds and to the Labor Fund;
• the person has no opportunity to become employed full time, or as a probationary appointment, or at a job funded by the State, or at a public job;
• the person regularly reports to the employment bureau concerning his or her preparedness to work.
If a person has arrived from another EU member country, he or she will have the right to the same unemployment benefit as he or she would have been entitled to in the country of previous employment. In an event when a person has been employed in several EU member countries, but each period of employment was too short to entitle that person to the right to receive an unemployment benefit, those periods can be added up (the right to the addition of periods of employment does not, how ever, extent to self employed entrepreneurs). The right to receive a benefit during the period of a search for a job can be enjoyed by a per son arriving from another EU member country during 3 months.
Unemployment benefits are not paid to persons who have never pre viously had a job (university graduates, homemakers, etc.).
2. Cash benefits designed to support the family State cash benefits, designed to support the family are financed from the state budget, depend of an applicant’s actual family and finan cial status, and do not depend on whether an applicant is currently working or has ever worked, or whether he or she is ensured or not.
There exist the following benefits designed to support the family:
• cash benefit to the parents or the guardian of a child, appointed to represent that child’s interests in a judicial proceeding ;
• benefit to a person who studies and is a single carer of a child;
• benefits to children with disabilities;
• a lumpsum payment in the event of the birth of a child;
• benefit in addition to the maternity payments made by an employer during the period of a maternity leave;
• benefit to persons who are single carers of a child, are not em ployed and have no right to receive an unemployment benefit;
• payments and benefit to persons who are carers of children.
The lumpsum payment in the event of the birth of a child takes place only if a family’s income does not exceed its income received in the previous year. All child benefits are paid until the child reaches the age of 18 years (or 21 years, if the child is having vocational training, or years if the child is studying at a higher educational establishment). In order to receive any of the benefits listed above, one must submit to a municipal social bureau certain documents (their number being on the average 5–7), including the child’s birth certificate, the statement of the family’s income and other special documents necessary for each spe cific type of benefit.
The amount of a benefit can be increased, but no such increase is allowed if the child is being cared for by a person who receives a social pension, an annuity, a disability pension or payments for the care of a baby.
The provision of all those benefits and lumpsum payments is manda tory for all EU member states, and consequently, if a person leaves the territory of the state which is obliged to make those payments, the cor responding monies must be transferred to that person’s new country of residence. In an event when a person has the right to receive benefits in two EU member state, he or she is entitled to the maximum amount (the money actually being paid by the state where the amount of benefit is higher, while the other state must provide the compensation of the dif ference between the amount actually paid and the amount envisaged by legislation of the compensating state, but no more than that amount).
3. Insurance payments а. Annuities and disability pensions Annuities and disability pensions are paid to persons who have been employed, insured and have been paying deductions from their wages or salaries to pension insurance funds. In this connection, if a person has worked in several EU member states, those states must participate in the payment of an annuity or a disability pension to a given person in proportions to the periods of that person’s employment in each state when that person was insured. No complicated administrative proce dures, as needed in order to receive an insurance payment in an event of an illness, are envisaged for the receipt of an annuity or a disability pension.
b. Payments in case of illness, pregnancy and care for a child, and payments in an event of disability arising as a result of accidents and occupational diseases This group included the following categories of insurance social payments:
• sick leave paid for by an employer (no more than 33 days in a year);
• payments in an event of disability arising as a result of a serious ill ness or an accident (no more than 182 days in a year; in the event of tuberculosis – no more than 270 days in a year) – are made by a state insurer and by an employer as a subsidiary payer;
• the payment for rehabilitation of health and compensation of the cost of rehabilitation of health (no more than 24 months and on condition that resulting from the restoration of good health the abil ity to work will also be restored) – is made by a state insurer and by an employer;
• benefit in an event of pregnancy and care for a child – is made by a state insurer or by an employer in the event of a child being born or adopted;
• benefit to carer – is paid by a state insurer and by an employer in an event of a need to care for a sick child or other member of a family.
In this connection, those persons who engage in an independent ac tivity in the sphere of agriculture (or farmers) have the right only to the benefit in an event of illness (same as a sick leave payment) and the benefit in an event of pregnancy and care for a child. These benefits are paid by a state insurer.
Students and next of kin of insured persons have no right to receive the benefits listed above, if they are not themselves insured.
Insurance against illness is mandatory for all persons working under employment contracts; for entrepreneurs, this insurance is voluntary.
The right to receive an insurance payment arises for persons insured under a system of mandatory insurance, after 30 days from the moment of an insurance policy’s entry in legal force in effect, and for persons insured on a voluntary basis – after 180 days from that moment. The possibility of receiving an insurance payment immediately after an in surance policy’s entry in legal force can arise in two instances only 1) when a person is a victim of an unfortunate production accident, or that accident happened on that person’s way to or from the place of work, or developed an occupational disease; and 2) the person, prior to that accident, has been for a period of no less than 10 full years insured un der a system of mandatory insurance, the periods between the insur ance policies being in legal force being no more than 30 days (excep tions are applied in instances, when the insurance period was inter rupted because of the need to care for a sick child, during a leave with out pay, or during service in the army).
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