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Dr Joanna Szyjewska-Bagińska
ORCID: 0000-0001-7701-7597

Ph.D. in law. Assistant professor at the Faculty of Law and Administration University of Szczecin, judge at the 9th Labour and Social Insurance Department, District Court Szczecin-Centrum, board member of West Pomeranian Polish Society of Social Insurance. She is the author of articles and papers in the field of Social Insurance Law and Intellectual Property Law.

 

 
DOI: 10.33226/0032-6186.2023.10.6
JEL: K31

The aim of the article is to characterize the role of contributions in social insurance of entrepreneurs. The legal position of this group of insured, who are payers of contributions for their own insurance, has developed in a particular way because one of the premises to grant them performances from social insurance is the actual payment of insurance contributions. This condition concerns both shortterm and longterm performances. This coupling between the right to a performance and payment of contributions for one's own insurance is a special feature of the insurance method. Moreover, adopting such a construction towards the insured – entrepreneurs, is justified by the gainful activity performed by them in their own name and at their own risk. By relying on the economic rationality of the insured who hold a personal interest in reliable and timely payment of contributions, a general social goal is also realized in the form of effective obtaining of contributions to insurance funds.

Keywords: social insurance law; insurance contributions; persons who carry out nonagricultural economic activit
DOI: 10.33226/0032-6186.2022.4.5
JEL: K40

Automation and computerization of the activities of public authorities allows for administrative matters to be handled via the Internet, without having to leave one's house. Some proceedings conducted by the Social Insurance Institution during the epidemic were fully automated, that is they were processed without human (the institution's employee's) participation. It turned out that filing a benefit application remotely is possible, and so is automated verification of this application form-wise, automated assessment of the substance of the matter and settling thereof, and automated granting of the benefit and its payment. Proceedings on the idle-time benefit provided for in the COVID-19 Act serve as an example here. All steps in these proceedings were taken in an automated manner-without the participation of the clerk (the authority's employee). The new form of operation of public authorities that involves automated settlement of matters became a fact despite not having been stipulated by the provision of the law. The actions of the Social Insurance Institution ran ahead of the legislator, which means they were taken without a legal basis. Automated decision-making, due to the rule of law principle and the need to guarantee protection of the rights of parties to proceedings, requires that relevant regulations be introduced. It turned out that social insurance matters, owing to i.a. the schematic nature principle and the legal formalism principle, belong to the category of matters that are best suited to algorithm operations, and thus automated settlement.

Keywords: social insurance; algorithm operation; e-government; automated activities of public authorities
DOI: 10.33226/0032-6186.2020.9.4
JEL: K12

The aim of the paper is an analysis of a discrepancy between methods of classifying a nominate contract as a specific work contract or another service contract applied by Polish civil courts and social insurance courts. Civil courts first establish the content of declarations of intent of the contract's parties (consensus), then interpret the given declarations of intent in order to establish in the last stage the legal classification of the contract. The parties' intent recreated according to the indicated order is decisive in establishing the legal classification of a contract, which is why the activity of a civil court has an interpretational character. The activity of a social insurance court, establishing the obligation of being subject to social insurance due to the performance of a nominate contract, displays a rather law-making character. The courts assess the existing legal relationship between the parties examining the contract's performance stage. The classification of social insurance legal relationships is carried out via faci. Establishing the normative sense of these behaviours, for the needs of social insurance, the courts carry out a legal classification of the civil law agreement binding the parties. For the social insurance court, next to declarations of intent of the contract's parties, there are other types of legally significant behaviours which impact or even determine the classification of a given legal relationship.

Keywords: : civil law contract; social insurance; decisions of civil courts and social insurance courts; nominate contracts
DOI: 10.33226/0032-6186.2020.1.8
JEL: K31

The subject matter of the commentary involves the judgement of the Supreme Court in which the Court examined the legal nature of an agreement for an arrangement for payment in instalments of contribution debt, executed between the Social Security Institution and the contribution payer. The court concluded that it is a civil law agreement, which makes it possible to apply provisions of civil law to the assessment of appropriate performance thereof. The commentary presents arguments contrary to this belief. The normative basis of the activities of the administration body was subject to analysis, depending on whether it concerns public law activities (imperium) or carrying out civil law acts. The model of administrative competence was discussed which entails the body's power and obligation to act in the public law sphere, and the model of general competence underlying the principle of the freedom of contract of civil law entities.

Keywords: social insurance law; civil law agreement; administrative agreement
DOI: 10.33226/0032-6186.2020.1.8
JEL: K31

The subject matter of the commentary involves the judgement of the Supreme Court in which the Court examined the legal nature of an agreement for an arrangement for payment in instalments of contribution debt, executed between the Social Security Institution and the contribution payer. The court concluded that it is a civil law agreement, which makes it possible to apply provisions of civil law to the assessment of appropriate performance thereof. The commentary presents arguments contrary to this belief. The normative basis of the activities of the administration body was subject to analysis, depending on whether it concerns public law activities (imperium) or carrying out civil law acts. The model of administrative competence was discussed which entails the body's power and obligation to act in the public law sphere, and the model of general competence underlying the principle of the freedom of contract of civil law entities.

Keywords: social insurance law; civil law agreement; administrative agreement