THE SUBJECTIVE PART OF THE OFFENCE OF CRIMINAL BREACH

PODMIOT I STRONA PODMIOTOWA PRZESTĘPSTWA NADUŻYCIA ZAUFANIA Z ART. 296 KODEKSU KARNEGO. WYBRANE ZAGADNIENIA

Author(s): Ksenia Pecuszok / Language(s): Polish / Issue: 16/2015

Keywords: offence of criminal breach of trust; subject of the crime (perpetrator); damage; property issues

This article explores the issue of the offence of criminal breach of trust, as defined in the article 296 the Penal Code of the Republic of Poland of June 6th, 1997. In particular, the subjective part of a crime was investigated and the characteristics of the subject of the crime (perpetrator) were given. Next, the author attempts to define the following terms: “dealing with”, “running”, “economic activity”, “entrepreneur” and “property issues”. This paper provides a fresh point of view on the offence of criminal breach of trust in the context of economic law and/or criminal law. Such approach will facilitate a deeper understanding of the issue and provide a basis for the diagnosis of many phenomena that may be relevant to future interpretations.

EXHAUSTION OF INTELLECTUAL PROPERTY RIGHTS

WYCZERPANIE PRAW WŁASNOŚCI INTELEKTUALNEJ

Author(s): Tobiasz Serafin / Language(s): Polish / Issue: 16/2015

Keywords: intellectual property; patents; industrial designs; copyright

Broader issue of intellectual property at the present time is used both in terms of economic and legal. Institution exhaustion of intellectual property rights is widely used now, and regulations are largely sufficient. However, should pay attention to the similarities between different types of exhaustion of rights, whether in the field of industrial property or copyright and their differences. The specificity of individual rights does not permit the use in the field of uniform regulations especially in terms of the Community.

RESEARCH SEMINAR „TERRORISM A HUMAN RIGHTS” OF THE LAW AND ADMINISTRATION FACULTY OF UNIVERSITY OF RZESZÓW

SEMINARIUM NAUKOWE „TERRORYZM A PRAWA CZŁOWIEKA” NA WYDZIALE PRAWA I ADMINISTRACJI UNIWERSYTETU RZESZOWSKIEGO

Author(s): Grzegorz Pastuszko / Language(s): Polish / Issue: 16/2015

Keywords: seminar; terrorism; human right

The presented report describes the seminar that took place on 1st of December in the building of the Law and Administration Faculty of University of Rzeszów. The seminary was devoted to the problem of terrorism in the context of human rights. The organizers invited three notable guests: gen. bryg. rez. dr inż. Tomasz Bąk, mjr Adam Bogacz, doc. dr Krzysztof Czubocha, who made very interesting speeches, including practical and theoretical issues. The event gathered many listeners, especially students, but also workers of the University.

CONSTITUTIONAL FREEDOM OF SPEECH IN THE JURISPRUDENCE OF U.S. COURTS ON THE EXAMPLE OF ANTI-ABORTION PROTESTS

KONSTYTUCYJNA WOLNOŚĆ SŁOWA W ORZECZNICTWIE SĄDÓW USA NA PRZYKŁADZIE PROTESTÓW ANTYABORCYJNYCH

Author(s): Grzegorz Maroń / Language(s): Polish / Issue: 16/2015

Keywords: abortion; anti-abortion protests; freedom of speech; U.S. legal order

Freedom of speech is one of the fundamental human rights in modern democratic rule of law states. It is a tool or means of articulating one’s own position on particular issue. Freedom of speech enables effective dissemination and popularization of professed views, ideas and beliefs, only if its limitations are extraordinary. U.S. legal order is regarded as a standard example of just such a perception of freedom of speech. American case-law does not limit the freedom of speech to the ability of public communication of uncontested claims. U.S. courts assume that the essence of the given freedom is the right to formulate controversial and unpopular judgments or even judgments that cause social unrest and culture wars. Abortion is one of the hottest discussed issue. Opponents of abortion exercising their freedom of expression and freedom of assembly, publicly protest against the killing of unborn children. They picket on urban streets, squares, parks, often in front of abortion clinics and residential homes of aborters. Visual form of their arguments are posters showing pictures of aborted fetuses and signs equating abortion with murder. US courts claim that this type of pro-life movement activity in public places – on the so-called “traditional public forum” – is the materialization of the protected freedom of speech fixed in the First Amendment to the United States Constitution. Freedom of speech does not, however, presupposes absolutisation of the right to anti-abortion protest in public space. The need to protect other competing values, eg. public order and the right to privacy, enforces some degree of freedom of speech reglamentation. Exemplification of the given restriction are particularly “buffer” and “bubble” zones around abortion clinics within which the some or all forms of protest are prohibited. Inconsistency of US case law on anti-abortion protest shows that the determination of an optimal balance between conflicting values is a difficult task.

ANALYSIS OF THEORIES CONCERNING DISTINGUISHING BETWEEN PRIVATE LAW AND PUBLIC LAW DUE TO THE T.S. KUHN PARADIGMS

ANALIZA ROZWOJU TEORII DOTYCZĄCYCH ROZGRANICZENIA PRAWA PUBLICZNEGO I PRYWATNEGO PRZY ZASTOSOWANIU PARADYGMATU THOMASA S. KUHNA

Author(s): Agata Cebera / Language(s): Polish / Issue: 16/2015

Keywords: public law; private law; division; paradigms

The presented thesis concerns analysis of theories related to distinguishing between private law and public law due to the T.S. Kuhn paradigms. Throughout the ages, legal scholars have been interested in the duality of public and private law. In presented lecture the following paradigms will be set out: the paradigm which enables us to assign separate legal institutions to public law or private law through classification method; the paradigm which denies the need to make a distinction between public law and private law; the paradigm which enables us to assign separate legal institutions to public law or private law through typology method.

CIVIL PROTECTION OF PATIENT'S RIGHTS

CYWILNA OCHRONA PRAW PACJENTA

Author(s): Katarzyna Ożóg,Anna Jacek / Language(s): Polish / Issue: 16/2015

Keywords: civil protection; patient

The civil liability is connected with the responsibility for causing damage. For the incurred damage to property the patient can demand the natural or compensatory restitution. If physical sufferings and moral injustice are an effect of the damage, the aggrieved party can demand the monetary compensation for sustained harm. With purpose of the civil liability, there is a compensation caused with this act for other party. The article is regarding the civil liability behind the damage associated with providing medical services. In the article there is also characteristic of claims being entitled to patients of the title of violating patient's rights.

DECISIONS, RULING AND SETTLEMENT IN A CRIMINAL LAW – FEW COMMENTS ON TERMINOLOGY

DECYZJE, ORZECZENIA, ROZSTRZYGNIĘCIA W PROCESIE KARNYM – KILKA UWAG TERMINOLOGICZNYCH

Author(s): Beata Bachurska / Language(s): Polish / Issue: 16/2015

Keywords: statement; court decision; ruling; settlement

The article includes comments on the nomenclature used by the legislature body in the Code of Criminal Law to determine authoritative statements of judical body. The discussion focused on the meaning of key terms of judical body such as „decision”, „ruling” and „settl ement”. It also indicated the content of positive and negative settlements by the Code of Criminal Law. Moreover, it assessed the consequences in case if a court decision was different to the one resulting from the act. The purpose of this publication was an attempt to answer the question on the importance of terminology which the legislature body used to determine executive statements of judical bodies and what consequences would bear a flexibility for a judical body in application of the process introducted by the legislature nomenclature.

PENALTY BY MILITARY ARREST IN THE POLISH CRIMINAL MILITARY LAW IN XX CENTURY (HISTORICAL – LEGAL OBSERVATIONS)

KARA ARESZTU WOJSKOWEGO W POLSKIM PRAWIE KARNYM WOJSKOWYM XX WIEKU W UJĘCIU HISTORYCZNYM

Author(s): Małgorzata Trybus,Dorota Kamuda / Language(s): Polish / Issue: 16/2015

Keywords: military arrest penalty; penal code

The paper deals with military arrest penalty in the Polish criminal military law in XX century. It is the first part of a study in which military arrest is considered in historical context. The considerations begin from presentation of solutions adopted in the II Republic. The paper also includes some general remarks concerning Polish Army Penal Code of 1944, where this kind of penalty was not specified.

THE ADMISSIBILITY OF PERSONAL CHECKS AGAIN

O DOPUSZCZALNOŚCI PRZEPROWADZANIA KONTROLI OSOBISTEJ RAZ JESZCZE

Author(s): Marcin Smolski / Language(s): Polish / Issue: 16/2015

Keywords: personal checks; the mode of the conclusion of the working rules; the control procedures; the rules of procedure in consultation; the judgment of the Supreme Court; the trade unions

In this article the author examines the judgment of the Supreme Court of 13.04.1972 r., which also today is a source of guidance personal inspection staff. As a condition of the legality of its conduct, the Supreme Court pointed out, inter alia, that the execution should take place in consultation with the representative of the crew. The author pays attention to emerging contemporary views of interpreting used in the above judgment the phrase “in consultation” as a process of consultation only. Author polemicizes of such standpoint. Draws attention to the need to analyze the legal status which the Supreme Court relied on issuing the ruling. It notes that the Supreme Court pointed out the rules of procedure as the appropriate procedure in-house, in which were placed regulations on personal checks of employees. Emphasizes that another mode of its adoption in force at the time of issuance of the above judgments, and other contemporary spaces, which is important for understanding the differences in meaning of the concept “in concert”. The author analyzes the state of the law at the time of the judgment in question, cited the comments of the doctrine of labor law in this period, the then explains the meaning of ”in concert”, indicates the mode of the conclusion of the working rules and entities involved in this process. The author concludes that by placing the control of employees working in the rules of used by the Supreme Court of the phrase “in consultation” could not be understood in the purely consultation, as indeed was the nature of a firm and binding voice belonged to the wider workers’ representation. Emphasizes that the contemporary use of the term “in agreement” can be understood as consultation with the assumption that the procedure checks will be placed precisely in the rules of work and in the workplace, there are trade unions which is agreed rules (otherwise the rules of procedure is a unilateral act in-house issued by the employer).

CARETAKING OF A MENTALLY DISABLED PERSON COMPLETELY INCAPACITATED IN THE LIGHT OF FAMILY CODE AND CODE OF CARING

OPIEKA NAD OSOBĄ Z NIEPEŁNOSPRAWNOŚCIĄ INTELEKTUALNĄ UBEZWŁASNOWOLNIONĄ CAŁKOWICIE NA TLE PRZEPISÓW KODEKSU RODZINNEGO I OPIEKUŃCZEGO

Author(s): Anna Opar / Language(s): Polish / Issue: 16/2015

Keywords: incapacitation; care; mental disability

Taking into consideration the right of every human to a life in dignity and to personal freedom, incapacitation seems to be especially interesting to discuss and characterize. The following characteristic is divided into three parts due to its depth. The conclusion additionally contains a digression connected to the topic of the incapacitated due to mental disorders people who are part of the society. The first part defines incapacitation as restriction or deprivation of legal capacity on the basis of judicial decision which strongly interferes with the sphere of personal rights of an individual and affects the basic right of an individual to freely decide upon one’s behaviour. The second part deals with mental disability of an incapacitated person. Mental disability is also defined here. The third part concludes on issues concerned with taking care of a mentally disabled person who is completely incapacitated. The conclusion deals with the social situation of the people who are mentally handicapped and the sources of their support. This part highlights economic situation of disabled and incapacitated people which is specific and requires attention.

PENALTY BY MILITARY ARREST IN THE POLISH CRIMINAL MILITARY LAW IN XX CENTURY

KARA ARESZTU WOJSKOWEGO W POLSKIM PRAWIE KARNYM WOJSKOWYM XX WIEKU

Author(s): Małgorzata Trybus,Dorota Kamuda / Language(s): Polish / Issue: 17/2015

Keywords: military arrest penalty; penal code; executive penal code

Penalty by military arrest in currently existing penal code, taking into account some rules of the executive penal code, is presented in the paper. The study also includes an overview of military arrest penalty in the Penal Code of 1969, which, without doubt, is a predecessor of the penalty in actual form.

AGE CATEGORIES IN ROMAN LAW DURING THE KINGDOM PERIOD

KATEGORIE WIEKU W PRAWIE RZYMSKIM OKRESU KRÓLEWSKIEGO

Author(s): Wojciech Kosior / Language(s): Polish / Issue: 17/2015

Keywords: Roman law; kingdom period; age categories

The royal period of Rome was not only a period of the oldest political system, but it was also the time of molding Roman law, called the archaic law. An exploratory material from the aforementioned period is more than limited, closed in a small collection of kings’ statutes and subsidiary non-legal sources. The aim of this article is to investigate – despite the lack of research sources – age categories and their significance in the legal field. In the oldest Roman law two age categories were distinguished: 3 years in the private law and 50 years in the public law. The first of the indicated categories, determined the childhood period and ensued precise consequences for a child and for its parents. The second category determined an age census for being eligible for some religious and public functions.

CRITICISM OF HOMOSEXUALITY (HOMOSEXUALS) IN THE LIGHT OF THE CANADIAN CASE LAW

KRYTYKA HOMOSEKSUALIZMU (HOMOSEKSUALISTÓW) W ŚWIETLE ORZECZNICTWA SĄDÓW KANADYJSKICH

Author(s): Grzegorz Maroń / Language(s): Polish / Issue: 17/2015

Keywords: speech critical of homosexuality; freedom of speech; case law; Canada

The article deals with the legal framework of criticism of homosexuality, particularly homosexual acts, in the light of the Canadian case law. Analysis of court opinions and the facts of particular cases leads to determine the present form of the freedom of expression in the Canadian legal order. The author argues that the degree of free speech restriction in Canada is disproportionate to the aims which this restriction is to serve. Protecting the dignity of homosexual persons, or even more to protect them from violence, does not require outlawing all forms of criticism towards this group of people. The concept of hate speech should be interpreted narrowly. Accurate is the position of the Supreme Court of Canada expressed in Trinity Western University v. British Columbia College of Teachers that freedom of speech and freedom of conscience and religion entitles to call homosexual acts immoral or sinful, but not to unfair discrimination against gays and lesbians by actions against them.

DEMARCATION AND DIVIDING UP OF LAND – OUTLINE OF ISSUES

ROZGRANICZENIE I PODZIAŁ NIERUCHOMOŚCI – ZARYS PROBLEMATYKI

Author(s): Jakub M. Łukasiewicz / Language(s): Polish / Issue: 17/2015

Keywords: demarcation of land; dividing up of land; property line

The aim of this article is to explain the demarcation and dividing up of land in polish civil law, and also the meaning of the property line. This publication shows not only previously presented concepts regarding the aforementioned matter, but also the author’s private opinion

THE SOCIAL DANGER AS A FACTUAL ATTRIBUTE OF USURPING OF AUTHORSHIP OR MISLEADING AS TO THE AUTHORSHIP CRIME

SPOŁECZNE NIEBEZPIECZEŃSTWO JAKO CECHA FAKTYCZNA KARALNEGO PRZYWŁASZCZENIA AUTORSTWA LUB KARALNEGO WPROWADZENIA W BŁĄD CO DO AUTORSTWA

Author(s): Mateusz Tomczyk / Language(s): Polish / Issue: 17/2015

Keywords: social danger; usurping of authorship; misleading as to the authorship

The social danger constitutes the factual attribute of each crime stipulated and defined by the polish substantive crime law’s legislator. Hereby is also provided protection of those social welfares, which are recognised as a important in the context of individual affair as well as a transcends individuals affair (nullum crimen sine periculo sociali in terms of lawmaking). Therefore this analysis raises the issue of social welfare definition, which can be pointed as a main source of axiological and teleological justification for criminalization of the kind of human’s behaviour specified in the penal law as: usurping of authorship or misleading others as to the authorship (art. 115 ust. 1 of act of 4 February 1994 on copyright and related rights). This refers to the definition of personal interests named the authorship and its significance in social-economic relations between individuals (author), as well as in relations inside and outside of groups, to whom individual belongs, and finally – for polish society. Presented analysis is including also conclusions emphasising differences between meanings and importance of authorship on the one hand only for individuals and on the other – for interested group. Presented is also the issue of the penalisation scope, i.e. the issue concerning the danger of penal punishment. Moreover is shown the issue of criminal proceeding initiation.

RECORD AND NOTE TO THE CADASTRE OF REAL ESTATES OF THE SLOVAK REPUBLIC

ZÁZNAM A POZNÁMKA DO KATASTRA NEHNUTEĽNOSTÍ SLOVENSKEJ REPUBLIKY

Author(s): Milan Sudzina / Language(s): Slovak / Issue: 17/2015

Keywords: the Cadastre; real estates; the Slovak republic Vypočuť

Author in his article entitled “Record and note to the Cadastre of real estates of the Slovak republic” analyses the issue of entering the rights to the cadastre of real estates through the institution of record if rights to real estates originated, changed or expired on the bases of other legal title as a contract. Note expresses the facts that restrict the owner's title to dispose of real estate or informs about the real estate or about the right to the real estate. The article pays attention also to the relating institution of the seal about the change of the rights to the real estates

Hovering in the Park

A parkban lebegni

Author(s): Noémi Kiss / Language(s): Hungarian / Issue: 97/2015

Winter Book from Love

Téli könyv a szerelemről

Author(s): Dora Kaprálová / Language(s): Hungarian / Issue: 97/2015

My Secret Mission in Davos

Titkos küldetésem Davosban

Author(s): Iuri Andruhovici / Language(s): Hungarian / Issue: 97/2015

The Monument to the Running Woman

A futónő emlékműve

Author(s): Ulrike Draesner / Language(s): Hungarian / Issue: 97/2015