Wielka eksploatacja małych gruntów. Ingerencje władz niemieckich w postępowania działowe gospodarstw rolnych prowadzone przez sądy polskie (nieniemieckie) w Generalnym Gubernatorstwie w latach 1939–1945

Author(s): Hubert Mielnik / Language(s): Polish Issue: 1/2022

The article aims to indicate how the German authorities, administrative and judicial, interfered in the proceedings before the Polish (non-German) courts in the General Government, the subject of which were farm divisions. The thesis of the article assumes that the German authorities interfered with the functioning of Polish (non-German) courts in the area in question due to the necessity to achieve certain political goals in the GG (effective exploitation of agricultural resources). The basic research material used in the article is archival sources and sources of law. By analyzing the preserved archival files and the practice of the functioning of the judiciary in the GG, one can see ways to reduce the phenomenon of fragmentation of farms.

Samorządowy wymiar polskiej polityki zagranicznej 2012–2022. Część I: Zarys ogólny

Author(s): Krzysztof Babij,Rafał Jaśkowski / Language(s): Polish Issue: 1/2022

The subject of the article concerns the role and participation of the Polish local government in the foreign policy of the Republic of Poland in 2012–2022. In part I of the article describes the legal acts and program documents on the basis of which the local government can pursue its external policy. The goal of part I is to analyze the diversification of activities in foreign policy, with particular emphasis on the interests of local government. The part 2 concentrates on a specific local government (the city of Łódź) that tries to pursue an active international policy. The main goal of the article is to examine the activity of local governments in the foreign policy of the state in the aspect of broadly understood reflection on the international environment of the Republic of Poland. This type of analysis may be used to organize the knowledge about the possibilities, conditions and benefits, or possible losses of conducting elements of foreign policy by Polish local governments.

Kwestia tablic rejestracyjnych jako punkt zapalny w stosunkach między Serbią i Kosowem w latach 2011–2022

Author(s): Sławomir Kowalski,Robert Sendek / Language(s): Polish Issue: 2/2023

The problem of license plates issued to Kosovo Serbs became the main reason for the escalation of tensions between Belgrade and Pristina in summer 2022. Due to the threat of a regional conflict, international institutions, including EU diplomacy, became involved in mediation between both sides. The international peacekeeping troops stationed in Kosovo also contributed to stabilizing the situation. The reason for the dispute between the Serbian and Kosovo authorities is the question of which license plates Kosovo Serbs could use in their vehicles. The article describes the causes of the problem resulting from historical conditions and international decisions on the status of Kosovo. It also presents the threats resulting from the lack of mutually satisfactory regulations on this issue, and discusses the attempts made in the past to seek solutions to this problem.

Anti-Mafia Code and 231 Models: an Opportunity for Improvement (?)

Author(s): Vittoria Drosi / Language(s): English Issue: 2/2023

The research aims to understand whether, and to what extent, there are currently suitable institutions for the implementation of prevention and restoration of legality in the corporate sphere in the Italian legal system. These, if properly applied, should enable the enterprise to transform a negative event, such as mafia infiltration in its various forms, into an opportunity for improvement itself. More specifically, an attempt will be made to assess the ability of institutions such as judicial administration (Art. 34 of the Anti- Mafia Code - Legislative Decree No. 159/2011), judicial control (Art. 34-bis), voluntary judicial control (Paragraph 6, Art. 34-bis), preventive cooperation (Art. 94-bis), and organizational and management models under Legislative Decree No. 231/2001 (so- called Models 231) adopted ex post facto to put the company back on the correct path of legality.

Tantiemy dla współtwórców utworu audiowizualnego w kontekście usług platform streamingowych oraz dyrektywy w sprawie prawa autorskiego na jednolitym rynku cyfrowym

Author(s): Iga Bałos / Language(s): Polish Issue: 2/2023

The aim of the article is to present the nature of remuneration due to film co-authors and performers on the basis of Art. 70(2)(1) of the Act of February 4, 1994 on copyright and related rights (CRRA). The current wording of the provision does not take into account the realities of the contemporary audiovisual industry and changing habits of audience who give up cinema screenings in favor of VoD. The streaming services also replace usage of films stored on DVD or other carriers. According to Article 18 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market, the Member Stated shall ensure that where authors and performers license or transfer their exclusive rights for the exploitation of their works or other subject matter, they are entitled to receive appropriate and proportionate remuneration. According to the author of this article, the said article, with respect to coauthors of an audiovisual work should be implemented by extending the scope of Art. 70(2)(1) of the CRRA by introducing an inalienable right to appropriate remuneration for making the work publicly available in such a manner that anyone could access it at a place and time individually selected by them.

Конституционный аспект эволюции пограничных войск в 1945–1965 гг.

Author(s): Paweł Zawadzki / Language(s): Russian Issue: 2/2023

Before I proceed to further detailed and developed arguments, I would like to present the main research problem involving the following question: how did the Border Protection Forces evolve in the years 1945–1965 from the perspective of the legal system and the constitutional law in particular. The constitution referred to above is not the basic law “as such”, in common parlance, but it is the constitution present in the course of the evolution of the legal status of the Frontier Protection Forces. This article is mainly focused on this constitution, although, apart from that, it contains the spectrum of legal and constitutional schemes adopted in different periods of the functioning of the Border Guard Forces in their constitutions. It is therefore immanent to present the process of the functioning of the Border Guard Forces – the origin and evolution of legal norms in the light of the constitution and the whole system of law, as well as the changes taking place in the system of law in the time-space between 1945 and 1965. Taking into account the defined objectives, it turned out to be necessary to present the work from a historical perspective. The chronology of facts is important for the discussed subject matter, as it helps to systematize the deliberations. The structure of the work has been adapted to the above principles of this publication. It begins with a legal-historical part introducing the subject of the tradition of constitutionalism in Poland. It presents the reasons for the creation and the process of subordination of border formations to various institutional solutions, and systematizes the legal and organizational transformation of the Border Protection Forces created in 1945 as a separate type of troops by the Ministry of Public Security and the Ministry of Internal Affairs as part of the People's Army of Poland. The Border Protection Forces repeatedly revised its structural- -bureaucratic subordination from the Ministry of National Defence through the Ministry of Public Security to the Ministry of the Interior and vice versa. The general research method became a legal-historical method to reconstruct the past state of affairs, the evolution of the legal status of the Border Protection Forces.

Recenze závěrečných prací I/2024

Author(s): Irena Holcová,Jan Hospes,Radim Charvát,Adam Jareš,Andrej Krištofík,Jakub Míšek,Veronika Příbaň Žolnerčíková,Michal Tuláček,Roman Vybíral / Language(s): Slovak,Czech Issue: 29/2024

Selection of reviews on high quality student theses on various topics concerning ICT law.

From Ancient Oracles to Modern Techniques: The Evolution of Deception Detection and the Benefits of Investigative Interviewing

Author(s): Eduardo Pérez-Campos Mayoral,Eduardo Lorenzo Pérez-Campos,Fernanda Paola Pérez Campos Peláez,Rashna Juliette Pérez Campos Peláezd / Language(s): English Issue: 1 (59)/2024

Throughout history, different methods and instrumental designs have been used to identify and obtain the truth. Some of the methods described in this work are based on myths that have remained over time, but due to this legacy are unlikely to be applied, such as the Osiris judgment. In this study, we analyzed the characteristics of these methods, such as the period in which they were used, their scientific validation, and their passive or active approach according to the literature. Some approaches have established the theoretical foundations for the development of more precise technologies that are currently used, such as the Bisha Bedouin Court System (ordeal by fire), which is based on arousal theory (response). This work also includes innovative applications such as the use of interview techniques to detect deception, which stands out for their wide spectrum of use in different contexts. Finally, we mention elements of investigative interview models and highlight the benefits of using verbal approaches to detect deception.

A Letter to the Editor Regarding the APA’s Terminology Reference for the Science of Psychophysiological Detection of Deception

Author(s): James Allan Matte / Language(s): English Issue: 1 (59)/2024

Między sprawiedliwością a praworządnością. Sąd Najwyższy II Rzeczypospolitej wobec problemu odpowiedzialności karnej na podstawie tzw. kodeksu Tagancewa za zdradę kraju popełnioną w okresie I wojny światowej

Author(s): Damian Szczepaniak / Language(s): Polish Issue: 1/2023

The issue of criminal responsibility for the crime of state treason committed during the First World War in the territory of the former Congress Kingdom of Poland was one of the problems which the Polish judicial system faced in the first years after restoring independence in 1918. The present paper is an attempt at demonstrating that in the judicial practice concerning such cases, the Supreme Court did not actually adhere to the laws in effect. The Supreme Court interpreted those laws in an incorrect and sometimes contradictory manner in order to establish the possibility of condemning the persons who were deemed guilty of treason against Poland. In fact, the Supreme Court aimed at satisfying the social sense of justice which demanded responsibility of persons who acted against the interest of the Polish cause in the particularly difficult time of the fight for independence.

Naruszenie dyscypliny finansów publicznych a nieopłacenie składki na ubezpieczenie zdrowotne

Author(s): Dominika Trzeszczoń / Language(s): Polish Issue: 62/2023

The subject of the research and analysis is the violation of public finance discipline, as provided for in Article 14 (2) of the Act of 17 December 2004 on liability for violation of public finance discipline, which consists of failure to pay health insurance contributions. The paper begins by presenting various interpretations of the concepts of “public finance discipline” and “violation of public finance discipline, which can be a source of multi-threaded considerations due to interpretative differences. The following chapters focus on the legal nature of health insurance contributions, which was important for assessing the features included in the above-mentioned provision. The scope of liability for the discussed violation of public finance discipline was also examined, with particular attention paid to practical issues related to enforcing liability for violation of public finance discipline. The aim of the paper is to evaluate the legal solutions applicable in the subject area and to highlight any areas that raise interpretative doubts. The main research methods used for the study were the doctrinal-legal and analytical research methods. Legal acts and case law were analyzed, and the views of the subject literature were evaluated, with particular emphasis on the achievements of Polish financial law doctrine. The results of the research make it possible to answer questions such as whether the scope of subject and object liability for violation of public finance discipline is systemically consistent with the solutions provided for in other laws, and whether the introduced financial and legal mechanisms are sufficient to minimize the risk to public finance security in the area of health care. It was deemed important to establish how the timely and proper payment of health insurance contributions by obligated entities affects the state of public finances. In financial law doctrine and literature, there is a lack of in-depth research on financial-legal issues related to violation of public finance discipline in the context of non-payment (omission) or payment of an amount lower than that calculated for health insurance contributions. Therefore, research on the aforementioned violation and its relationship to the healthcare system in Poland is considered significant and constitutes a contribution to the development of science.

TRADICIONALNA DRUŠTVA I ULOGA ŽENA: VJETAR PROMJENE

Author(s): Amra Čengić / Language(s): Bosnian Issue: 1/2024

Traditional societies have long been characterized by deeply ingrained gender roles and expectations, with women typically occupying subordinate positions and having limited agency and opportunities for self-determination. However, in recent times, a wind of change has been sweeping across these societies, challenging and transforming the role of women. This transformative process is driven by various factors, including increased access to education and information, changing societal attitudes, and the recognition of the potential contributions and rights of women. The wind of change is also fueled by women's movements and advocacy for gender equality and women's rights. In many traditional societies, the role of women is gradually expanding beyond the confines of the household. Women are entering the workforce, participating in politics, pursuing leadership positions, and contributing to economic development. This shift is not only benefiting women individually but also positively impacting the overall social fabric and economic growth of these societies.Efforts are being made to dismantle barriers that hinder women's full participation and to promote gender-responsive policies and laws. While progress is being made, challenges persist. Deeply entrenched patriarchal structures and cultural norms continue to hinder the full realization of women's potential.

Educational Needs of the Judicial Administration in the Context of Digitalization

Author(s): Diana Dimitrova,Darina Dimitrova,Velina Koleva / Language(s): English Issue: 4/2024

The administration of the judiciary is an integral part of the structure of the state administration, but human resource management specifically in the judicial administration is still an understudied area. The scientific objective of this work is to examine the educational needs of judicial administration, in the introduction of digitalization processes in judicial administration and in human resources management. In order to achieve the formulated aim, specific scientific research approaches and methods are applied in the paper. In the theoretical-methodological plan, a systematic approach, a method of analysis and synthesis, an interdisciplinary approach, a descriptive method, etc. are used. Along with them in empirical plan the survey research, in-depth interviews, participation in discussions, content analysis of documents are used. The approaches applied in the overall research are those of induction and deduction. As a result of the complex analysis, conclusions and summaries are drawn, and solutions are proposed for improving the work of the administration of the judicial authorities.

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

СИСТЕМА НА НАКАЗАНИЯТА В РИМСКОТО ПРАВО

Author(s): Silvia Stoyanova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to the system of punishments in Roman law. Systematization of the most common and popular punishments. The Roman legal concept of punishment and one of the main principles in Roman law - Nullum crimen sine lege, nulla poena sine lege - are examined. Some basic criminal law institutes are also presented.

ПРОЦЕСУАЛНО ЗНАЧЕНИЕ НА ВПИСВАНЕТО НА ИСКОВИТЕ МОЛБИ ПО ЧЛ. 114 ЗС

Author(s): Kameliya Tsolova / Language(s): Bulgarian Issue: 1/2024

In Art. 114, para. 2 of the Ownership Act and in Art. 226, para. 3 of the Code of Civil Procedure, the relationship between the recording of complaints, on the one hand, and two procedural institutes - that of proceedings on complaints, and that of the transfer of interest after pendency, is regulated. The article examines the contradictory views advocated in theory and in practice regarding the interpretation and application of these provisions, as well as the existence of a relationship between them.

„Zazielenianie” prawa cywilnego – ochrona dóbr osobistych a zielony konstytucjonalizm i prawa środowiskowe

Author(s): Karolina Karpus / Language(s): Polish Issue: 1/2024

The concept of environmental constitutionalism, describing the state’s duty to protect the environment correlated with the rights of individuals, may be used to characterise the relations between environmental protection and the socio-political system of a modern democratic state in the era of the transformation towards sustainable development. The state’s legal system cannot be neutral in that regard. It is particularly important in case of the challenges resulting from Poland’s international and EU law obligations, especially under the Aarhus Convention and human rights law. On this basis, it can be claimed that environmental protection as a duty of the state is a “positive obligation”, in light of which the possibility to exercise rights by individuals may be assessed, including environmental ones (substantive and procedural). When the state fails to fulfil the duty to create the necessary legal framework and to secure its effective enforcement, it may result in the exposure of the members of the public to the degraded environment (e.g., to the ambient air of a bad quality, i.e. smog). Thus, they should be able to rely on international and EU law guarantees while seeking legal remedies, including civil lawsuits. In such a context, the 2021 Supreme Court resolution in case III CZP 27/20 illustrates the actual degree of “greening” the concept of private interests in Polish law. The article aims to present the environmental law’s perspective and evaluate the relevant argumentation visible in the SC’s reasoning and the glossators’ commentaries. The findings can be used to support the thesis that any constructive debate about “greening” Article 23–24 of the Civil Code requires an interdisciplinary approach.

Legal means of protection against abuse of the right of public participation in the decision-making process in environmental matters – current situation in the Slovak Republic

Author(s): Soňa Košičiarová / Language(s): English Issue: 1/2024

The Aarhus Convention guarantees several procedural rights which the concerned public can actively use as long as it is involved in the environmental impact assessment procedure. This international treaty assumes that the affected public uses its procedural rights with the intention of ensuring the protection of the environment. In practice, however, this may not be the case. Using a specific example from Slovakia, the author points to a case where there was a suspicion that a non-governmental organization was using its subjective rights pursuing a goal other than it is required by the Aarhus Convention. The administrative authorities believed that such behavior could be an abuse of the procedural rights guaranteed by the Convention and therefore they sought legal tools within the administrative law, the use of which would not be in conflict with the Aarhus Convention. This article addresses the issue of legal limits that prevent parties from restricting the procedural rights of the concerned public guaranteed by the Aarhus Convention.

Konwencja z Aarhus jako przedmiot i wzorzec hierarchicznej kontroli norm

Author(s): Michał Łyszkowski / Language(s): Polish Issue: 1/2024

The Aarhus Convention is an international agreement ratified by Poland, the essence of which is the obligation of the parties to introduce into the national legal order solutions guaranteeing access to information relating to the environment, public participation in decision-making processes affecting the state and level of the environmental protection and access to justice in these matters. The powers under the Aarhus Convention, despite its legal rank higher than that of a law, are not used in practice due to the lack of self-enforcement of the Convention. The author’s intention is to indicate potential possibilities of taking its provisions into account in the process of law application by administrative courts and in the process of hierarchical control of norms by the Constitutional Court.

Rozwiązania penalne w polskich, czeskich i słowackich przepisach o dostępie do informacji o środowisku

Author(s): Wojciech Radecki / Language(s): Polish Issue: 1/2024

The subject of this paper are penal solutions – embracing liability for offences, petty offences and administrative infringements – that may be used in the cases of violation of provisions on access to the environmental information under the Polish, Czech and Slovak law. First, the article’s author uses the comparative approach to analyse the development of the right to environmental information in these three legal systems. Then, he searches for answers to the question about the genesis, evolution and functioning of specific penal solutions aimed at behaviours that violate this subjective right of the members of the public, being one of the three pillars of public participation in environmental matters under the Aarhus Convention.