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Legal opinion on some of the effects of the proposed amendment of the provisions of Articles 156 and 158 of the Code of Administrative Procedure

Opinia prawna na temat niektórych skutków projektowanej nowelizacji przepisów art. 156 i 158 Kodeksu postępowania administracyjnego

Author(s): Marek Szydło / Language(s): Polish / Issue: 3/2016

Keywords: Code of Administrative Procedure; bill

In the author’s opinion the amendment would result, inter alia, in adapting the provisions of the Code of Administrative Procedure relating to the declaration of invalidity of administrative decisions to the principles emanating from Article 2 of the Constitution. The amendment does not preclude other ways of changing the state of affairs resulting from the decisions referred to in the proposed Article 156 §3 of the Code of Administrative Procedure. Specific legal effects of the amendment will depend on the direction and method of interpretation of not quite explicitly formulated provision, according to which a particular administrative decision “was the basis for the acquisition of a right or creates a reasonable expectation of acquisition of a right.”

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Legal opinion on the status of a Deputy employed as secretary of the commune

Opinia prawna w sprawie statusu posła zatrudnionego na stanowisku sekretarza gminy

Author(s): Piotr Czarny / Language(s): Polish / Issue: 3/2016

Keywords: incompatibility; political party; Deputy; local government; unpaid leave

A person employed as secretary of the commune (county, province), who has been granted unpaid leave in connection with the assumption of a seat in parliament, is still subject to the statutory prohibition on the creation of, and membership in, political parties. Membership in a political party of a person who is in this situation, existing at the end of unpaid leave must be considered as the basis for the refusal to allow such a person to perform the duties for the position held and for recruitment to other equivalent position. If membership in a political party would expire before returning to his/her duties in the office of the commune, it could be by the employer as a basis for changing conditions employment (change in position), but there is no such necessity

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Legal opinion on the membership in the European Union Affairs Committee of a non-aligned Deputy

Opinia prawna w sprawie członkostwa w Komisji ds. Unii Europejskiej posła o statusie niezrzeszonym

Author(s): Wojciech Odrowąż-Sypniewski / Language(s): Polish / Issue: 3/2016

Keywords: Sejm Committee; Deputy; European Union

From the wording of Article 148a para. 12 of the Standing Orders of the Sejm it follows that the candidate for a Committee must be a member of the association (club, alliance) which designates him to take this position. The mandate of the member of the Committee, who has lost membership in the association designating him to the Committee, does not expire automatically. Any change of a representative is dependent on the initiative of the club or alliance which designated the candidate. In the present situation, Member may be legally a member of European Union Affairs Committee to the time in which political formation which designated him/her takes the initiative to replace its representative or until the election of the new Commission

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Legal opinion on the possibility of introduction of regulations allowing for separation within a lump sum available for the functioning of a Deputy’s office of a specific part of the funds for the so-called “representation expenses”, (...)

Opinia prawna w sprawie możliwości wprowadzenia regulacji pozwalających na wydzielenie w ramach ryczałtu na funkcjonowanie biura poselskiego określonej części środków z przeznaczeniem na tzw. wydatki reprezentacyjne, przy jednoczesnym wyłączeniu(...)

Author(s): Henryk Dzwonkowski / Language(s): Polish / Issue: 3/2016

Keywords: Deputy’s office; parliamentary mandate; Deputy; lump sum; VAT

According to the author, under the existing legal provisions is not advisable to introduce regulations allowing for separation – as part of a lump sum – of funds for the so-called representation expenses. Due to the heterogeneous nature of representation expenses it is not possible, according to the law in force, to adopt legal provisions allowing the Deputies to prove in the form of a statement that they were incurred. If it was decided to undertake work on the proposed solution, the subject of the amendment should be the Order of the Marshal of the Sejm on the technical and organizational conditions the establishment, operation and winding up of Deputy’s offices

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Legal opinion on the possibility of exercising by the Deputy to the Sejm of the function of vice president of the European Association for Rural Development and Village Renewal ARGE

Opinia prawna na temat możliwości sprawowania przez posła funkcji wiceprezesa Europejskiego Stowarzyszenia Rozwoju Obszarów Wiejskich i Odnowy Wsi ARGE

Author(s): Joanna M. Karolczak / Language(s): Polish / Issue: 3/2016

Keywords: incompatibility; Deputy; association; salary

A Deputy may perform the function of vice-president of the association established abroad, unless it combines some kind of broadly understood employment in government or local government institution, with the aim of being a representative of the province in this association. However, a Deputy cannot perform such a function, if that association is an entrepreneur and a municipal legal person is its member or if in the course of its economic activity the association uses state or municipal property. Deputies are obliged to inform the Marshal of the Sejm about his/her additional activities, and to disclose obtained remuneration in the Register of Interests. Such remuneration may affect the amount of a Deputy’s salary.

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Opinia prawna dotycząca zasad dotyczących opodatkowania dochodów z pracy najemnej wykonywanej poza granicami Polski zdobyta przez polskiego rezydenta

Opinia prawna na temat zasad opodatkowania dochodów uzyskanych z pracy najemnej wykonywanej poza granicami Polski przez osobę mającą miejsce zamieszkania w Polsce

Author(s): Jacek Kulicki / Language(s): Polish / Issue: 3/2016

Keywords: natural person; income tax; international agreement

An individual residing abroad is not subject to Polish tax jurisdiction in relation to the income acquired abroad. In the case of a taxpayer resident in Poland, returning from temporary stay abroad for work purposes, the amount of his income tax due in Poland, payable also on income earned abroad, will be calculated in accordance with the provisions of the Law on Income Tax from Individuals and the agreement on avoidance of double taxation concluded by Poland with the country in which the taxpayer had earned income (receipts). The situation of each such person may be different depending on the country in which he/she obtained income, as well as the fact whether - except for income earned abroad - he/she also obtained in this period income from sources located in Poland.

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Legal opinion on the notice of 3 June 2016 addressed by the Investor under the conciliation procedure concerning the dispute on the basis of the Agreement between the Government of the Polish Republic and the Government of the Kingdom of Denmark(...)

Opinia prawna w sprawie wezwania z 3 czerwca 2016 r. skierowanego przez Inwestora w ramach procedury pojednawczej dotyczącego sporu na podstawie umowy między Rządem Rzeczypospolitej Polskiej a Rządem Królestwa Danii w sprawie popierania (...)

Author(s): Bogusław Lackoroński / Language(s): Polish / Issue: 3/2016

Keywords: Denmark; energy; investments; foreign investments; civil liability

The author claims that neither the Sejm nor any of its bodies is competent to reply to the notice. Due to the general and hypothetical nature of the allegations regarding the alleged damages suffered by the Investor, referring to them at this stage should be regarded as premature. From the statements contained in the notice it follows that the procedure for the resolution of disputes specified in Article 9 para. 2 of the Agreement of 1 May 1990 cannot be used in this respect. The indicated three-month time limit for resolving the dispute through negotiation is devoid of legal basis and, as such, not binding. If the dispute is described in the notice will be the subject of court proceedings, differences in the answers given by each recipient of the notice may be used against Poland or the State Treasury. For this reason, it is worth considering coordinating the preparation of response to the notice by all its recipients to prevent a disparity between them.

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Sejm draft position on case ref. no. SK 37/14 concerning the Act of 17 November 1964 – The Code of Civil Procedure (WPTK-2689/14)

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 37/14

Author(s): Agnieszka Tomaszewska / Language(s): Polish / Issue: 3/2016

Keywords: costs; civil procedure; Constitutional Tribunal

This draft position of the Sejm concerns the constitutional complaint of 22 April 2013. In the proposed draft position the author claims that the contested Article 102 of the Code of Civil Procedure, insofar as it does not impose on the Treasury an obligation to reimburse the opponent’s costs of the proceedings that have not been awarded from the losing party, is in compliance with Article 45 para. 1 of the Constitution. Proceedings to examine the compatibility of Article 102 of the Code of Civil Procedure with Article 2, Article 32 of the Constitution should be discontinued pursuant to Article 39(1)(1) of the Constitutional Tribunal Act of 1997 in conjunction with Article 134(3) of the Constitutional Tribunal Act of 2015 due to the inadmissibility of the judgment.

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Sejm draft position on case ref. no. SK 39/15 concerning the Act of 21 August 1997 on Real Property Management (WPTK-38/15)

Projekt stanowiska Sejmu w sprawie o sygn. akt SK 39/15

Author(s): Krzysztof Oplustil / Language(s): Polish / Issue: 3/2016

Keywords: land; real property; Constitutional Tribunal; expropriation

This draft position of the Sejm concerns the constitutional complaint of 7 July 2015. In the proposed draft position the author claims that the contested Article 136 paras. 3 and 4 of the Act on Real Property Management insofar as it does not provide for the right of the previous owner to demand the return of the property acquired by the State Treasury or a municipality by way of a civil contract, concluded into in the course of the negotiations preceding the initiation of the expropriation, if the property has become unnecessary for a public use, is incompatible with Article 21(2) and Article 64(1) and (2) in conjunction with Article 32 (1) of the Constitution. The procedure for the remainder should be discontinued pursuant to Article 40(1)(1) of the Constitutional Tribunal Act of 2015 due to the inadmissibility of the judgment.

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THE PROBLEMS AND FORMS OF A.S. ARKHANGELSKY’S LITERARY RESEARCHES ON THE PAGES OF UCHENYE ZAPISKI KAZANSKOGO UNIVERSITETA

ПРОБЛЕМАТИКА И ФОРМЫ ЛИТЕРАТУРОВЕДЧЕСКИХ ИССЛЕДОВАНИЙ А.С. АРХАНГЕЛЬСКОГО НА СТРАНИЦАХ «УЧЁНЫХ ЗАПИСОК КАЗАНСКОГО УНИВЕРСИТЕТА»

Author(s): Lyudmila Yakovlevna Voronova / Language(s): Russian / Issue: 2/2014

Keywords: A.S. Arkhangelsky; Uchenye Zapiski Kazanskogo Universiteta; history of literary criticism in Russia; research genres;

Using A.S. Arkhangelsky’s publications as an example, we investigate philological and literary studies published in the journal Uchenye Zapiski Kazanskogo Universiteta (Proceedings of Kazan University) at the turn of the 20th century. The analysis is focused on the content- and genre-related levels of these works. The paper is intended to broaden the existing ideas about the history of academic literary criticism in Kazan. We show the role of the journal in the organization, presentation and popularization of academic life and work as well as in the provision of educational process with necessary literature.

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SILVESTER’S “DOMOSTROY” IN THE APPRAISAL OF 19TH CENTURY KAZAN SCIENTISTS

«ДОМОСТРОЙ» СИЛЬВЕСТРА В ОЦЕНКЕ КАЗАНСКИХ УЧЁНЫХ XIX ВЕКА

Author(s): Natalia Gennadevna Komar / Language(s): Russian / Issue: 2/2014

Keywords: Old Russian literature; “Domostroy”; literary studies in Kazan;

The article reports on the view on “Domostroy” presented in the pre-revolutionary works of Kazan scientists I.Ya. Porfiriev, S.P. Shestakov and A.S. Arkhangelsky. Unfortunately, their papers are not considered in the national literary criticism while investigating Old Russian works. A conclusion is made that Porfiriev and Shestakov carefully studied “Domostroy” and contributed a lot to the perception of the 16th century monument, revealed its universal meaning, and anticipated contemporary researches in many respects. The point of view of Arkhan-gelsky on “Domostroy” seems to be unreasoned, and his underestimation of the work is probably due to the fact that this monument was never the subject of his special study.

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“YOU SEEM TO BE THE ONLY RHYMIST IN KAZAN” (PROFESSOR OF KAZAN UNIVERSITY G.N. GORODCHANINOV ACCORDING TO THE LETTERS OF YEVGENY BOLKHOVITINOV).

«ВИДНО, В КАЗАНИ ВЫ ЕДИНСТВЕННЫЙ СТИХОТВОРЕЦ» (ПРОФЕССОР КАЗАНСКОГО УНИВЕРСИТЕТА Г.Н. ГОРОДЧАНИНОВ ПО ПИСЬМАМ К НЕМУ МИТРОПОЛИТА ЕВГЕНИЯ (БОЛХОВИТИНОВА))

Author(s): Marina Mikhailovna Sidorova / Language(s): Russian / Issue: 2/2014

Keywords: G.N. Gorodchaninov; Yevgeny Bolkhovitinov; Kazan University; letters; 19th century Russian literature;

The article investigates the character, works and some facts from the private and public life of the first professor of Russian philology at Kazan University – G.N. Gorodchaninov. The research is based on the letters of Metropolitan Yevgeny (Bolkhovitinov) published in the journal of the Ministry of National Education in 1857. The letters contain unique information not so much about the author as about the recipient and help identify the degree of Yevgeny Bolkhovitinov’s influence on the formation of the professor’s scientific views and principles of teaching Russian philology.

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THE SELF AS THE OTHER IN THE WORKS OF DIANA ARBENINA

Я КАК ДРУГОЙ В ТВОРЧЕСТВЕ ДИАНЫ АРБЕНИНОЙ

Author(s): Anton Sergeyevich Afanasiev / Language(s): Russian / Issue: 2/2014

Keywords: Diana Arbenina; “Motofozo”; the Self; the Other; self-identification; dualism;

The article deals with a topical problem in modern humanities studies, i.e. the problem of personal self-identification. The investigation covers the methods of representation of this problem in the works of Diana Arbenina. Based on the play “Motofozo”, it is proved that Arbenina’s philosophy is remarkable for the perception of the Self as the Other. For the harmonious existence of a person, it is necessary that the external Self be united with the internal Self (the Other).

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“SPASITELNITSA OTECHESTVA” (“THE SAVIOR OF THE FATHERLAND”) BY VICTOR SOSNORA: THE MAIN ISSUES AND THE SYSTEM OF STRUCTURE-FORMING ELEMENTS

«СПАСИТЕЛЬНИЦА ОТЕЧЕСТВА» ВИКТОРА СОСНОРЫ: ПРОБЛЕМАТИКА И СИСТЕМА СТРУКТУРООБРАЗУЮЩИХ ЭЛЕМЕНТОВ

Author(s): Valeriya Viktorovna Bitkinova / Language(s): Russian / Issue: 2/2014

Keywords: composition; motivic structure; interpretation of historical facts; variability; V. Sosnora; Peter III; Catherine II;

The article deals with the composition and motivic structure of V. Sosnora’s narrative “Spasitelnitsa otechestva” (“The Savior of the Fatherland”), which received controversial reviews from critics and has not been the subject of serious analysis yet. We prove that the writer’s unconventional principles of historical narration are based on the idea of the fundamental variability of history. The comparison of the text with the memoirs illustrates the peculiarities of Sosnora’s methods of working with historical documents, such as subjective interpretation, polemics, and pointing out the details which might become the basis of the symbols. The methods of creating images and the explication of the author’s evaluation of the main characters-antagonists (Peter III and Catherine II) are revealed with the help of the motives of eating, clothing and theater.

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THE RYAZAN BATTLES IN THE CHRONICLE TRADITION OF OLD RUSSIA

РЯЗАНСКИЕ БИТВЫ В ЛЕТОПИСНОЙ ТРАДИЦИИ ДРЕВНЕЙ РУСИ

Author(s): Inna Vasilevna Denisova / Language(s): Russian / Issue: 2/2014

Keywords: Old Russian literature; chronicle poetics; worldview of a scribe in Old Russia; all-Russian chronicles; Ryazan chronicle writing;

In this article, we analyse the fictional representation of the Ryazan battles in the chronicle tradition of Old Russia. We present comparative descriptions of the battles of 1365, 1378 and 1408 based on all-Russian chronicles compiled at different times and in different places. We also single out a number of poetic features of the Ryazan chronicle writing, such as broadening of military formulas, expressivity of narration, complication of syntactic constructions, etc. The analysis of the texts under consideration proves the existence of the Ryazan chronicle that has not survived to the present day.

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A.N. OSTROVSKY IN THE REPERTOIRE OF PROVINCIAL THEATRES: 1849–1865.

А.Н. ОСТРОВСКИЙ В РЕПЕРТУАРЕ ПРОВИНЦИАЛЬНЫХ ТЕАТРОВ: 1849–1865 ГГ.

Author(s): Kirill Yuryevich Zubkov / Language(s): Russian / Issue: 2/2014

Keywords: A.N. Ostrovsky; censorship; drama; theatre;

Based on the unpublished documents, the paper considers the first stage of adoption of A.N. Ostrovsky’s plays by provincial theatres. The information about the permitting and banning of Ostrovsky’s plays by the theatrical censors in 1849–1865 is used for the first time. These data allowed us to judge about the formation of the playwright’s popularity.

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А.F. GUSEV ABOUT CHURCH RITUALISM IN TOLSTOY’S DOCTRINE

А.Ф. ГУСЕВ О ПРОБЛЕМЕ ЦЕРКОВНОЙ ОБРЯДНОСТИ В УЧЕНИИ Л.Н. ТОЛСТОГО

Author(s): Boris Igorevich Kolmakov / Language(s): Russian / Issue: 2/2014

Keywords: L.N. Tolstoy; Orthodox Church; A.F. Gusev; Kazan Theological Academy; criticism;

The article deals with the problem of critical perception of religious and philosophical views of L.N. Tolstoy by Orthodox Church. The analysis is focused on a critical speech by A.F. Gusev, professor of Kazan Theological Academy, dedicated to Tolstoy’s attitude towards church rituals. It is considered how the critic understands and estimates the teaching of Tolstoy, which found expression in his religious and philosophical works, particularly in “A Confession” (“Ispoved”). A conclusion is made that Gusev in his polemics with Tolstoy uses a logically well-knit system of arguments. He refers to the Gospel, historical examples, scientific and court practice data. Thus, his attempt to discuss the problem of Orthodox cult and church ritualism should be recognized as successful.

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THE AUTHOR, THE READER, AND THE WORK (ON THE THEORY OF INDIVIDUAL STYLE)

АВТОР, ЧИТАТЕЛЬ, ПРОИЗВЕДЕНИЕ (К ТЕОРИИ ИНДИВИДУАЛЬНОГО СТИЛЯ)

Author(s): Dmitry Leonidovich Lakerbai / Language(s): Russian / Issue: 2/2014

Keywords: systemic nature; modeling; subject of creation; author; correlation; interpretation;

The paper deals with the current theoretical and methodological problems associated with the fundamental categories of literary criticism. The opposite scientific views are analyzed and compared within the cross-paradigm rationality. The principle of negative correlation of opposite scientific views on the problem of the author is investigated in terms of its heuristic potential. The article postulates the presence of originally non-coincident interpretative centers of a work of fiction, and considers how it affects the analysis of the problem of the author.

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THE COMMUNICATIVE STRUCTURE OF THE AUTOBIOGRAPHY THE DAYS OF MY LIFE BY H.R. HAGGARD.

КОММУНИКАТИВНАЯ СТРУКТУРА АВТОБИОГРАФИИ Г.Р. ХАГГАРДА «ДНИ МОЕЙ ЖИЗНИ»

Author(s): Alsu Hadievna Vafina,Guzel Azgarovna Golikova / Language(s): Russian / Issue: 2/2014

Keywords: author; addressee; narrative instance; narrator; narratator;

The article deals with the issues related to the narrative structure of the text in the autobiography The Days of My Life by H.R. Haggard. We study role of the author in the author–reader communicative chain in the transmission of information to a recipient by means of a literary text. The predominance of dialogic relations in the narrator–narratator communicative chain and the presence of status-orientated narration prevents from regarding the text as an example of documentary prose and suggests the presence of the genre modifications typical of non-fiction literature.

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CHARACTERISTIC FEATURES OF JOHN GREEN’S NOVELS (USING THE EXAMPLE OF “THE FAULT IN OUR STARS”)

ОСОБЕННОСТИ ТВОРЧЕСТВА ДЖОНА ГРИНА (НА ПРИМЕРЕ РОМАНА «ВИНОВАТЫ ЗВЁЗДЫ»)

Author(s): Alice Albertovna Zelichenok / Language(s): Russian / Issue: 2/2014

Keywords: John Green; “young adults”; theme of travel; metaphor of God; theme of death; love story; fear of oblivion;

This article is devoted to the study of the most common features of the literary methods employed by John Green, one of the most famous authors in contemporary American young-adult fiction. We analyzed his most recent novel “The Fault in Our Stars”, where the main characters are teenagers suffering from cancer. The analysis allowed us to distinguish the major themes typical for the writer’s works: love and friendship as the most important values in life, which are incapable, however, to save anyone; teenagers’ comprehension of the fact that death is an inherent part and ending of everyone’s existence; the presence of death which helps to identify the true nature of a person, his good and bad sides. The writer’s literary method might be characterized by such features as the use of existing (including fictional) texts as a motive of his own work; the employment of the philosophy of existentialism as the theoretical basis of the characters’ thoughts and actions; the inclusion of symbolic details and historical and literary allusions.

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