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A signature is not a mandatory part of a work of art; however the lack of a signature may reduce its market value. In the second half of the twentieth century, the phenomenon of counterfeiting signatures spread on a massive scale, which aroused interest in the methods of identifying them. The application of methods used for handwriting analysis is only possible when verifying signatures that the creator “remembers” in vector form (procedural memory).
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This text comments on the judgment of the Polish Constitutional Tribunal of May 2, 2016 (Ref. No. Kp 2/15, OTK ZU no. A/2016, item 23), which is related to the rules for registering movable monuments on The List of Cultural Heritage Treasures. This is a new form of cultural heritage protection, which was controversial from the beginning due to its considerable interference with property rights. These doubts resulted in the analysis made by Polish Constitutional Tribunal, which found that there was no violation of the constitutional rules concerning appropriate legislation, property law, and grounds for expropriation. In principle this judgment is cited with approval in the commentary, although some inaccuracies (e.g. in the argumentation connected with using general clauses) are noted. The judgment is shown in the wider context with reference to other rulings and opinions presented by researchers.
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This commentary concerns an important issue related to cultural heritage protection law: limitations imposed on the ownership of movable monuments. It offers support for the verdict of the Polish Constitutional Court of 25 May 2016, wherein it analyzes a regulation introduced by an amending Act of 10 July 2015 to the Act on the Protection and Guardianship of Monuments. The Act, as amended, constitutes a new form of cultural heritage protection – registration on the “List of Cultural Heritage Treasures”. In its verdict the Polish Constitutional Court declares that the new regulation is constitutional, as it does not lead to the imposition of excessive limitations on property rights.
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This paper presents briefly the characteristics of an art conservator’s workshop and aspires to justify its role and significance in the process of authenticity verification. The number of doubtful works of art appearing on the art market is growing. One can risk the statement that currently there are no longer any auctions where only originals appear. Unfortunately, very often art dealers do not check the authenticity of offered works of art using the application of scientific methods. In the western Europe, most of the studies related to the structure of art work, technology, and technique are reserved for chemists and physicists. In Poland, university conservator studies predisposes graduates to perform both strict conservation and scientific operations. Hence the role of a conservator in Poland is special owing to the range of methods of verification: establishing the state of preservation (for example, analysis of the type and character of cracking and reasons for their appearance and origin); visual analysis in using visual light (including side light, passing light, macrophotography); ultraviolet light analysis of the fluorescence of varnish, type of resin and pigments, location of secondary added layers and interferences) in IR light and RTG photos; and correct interpretation of results of the detailed structural examinations. A conservator of works of arts can use a range of examination methods including: ultraviolet fluorescence and reflectography, infrared reflectography, optical microscopy, radiography, neutron autoradiography, chromatographic techniques, x-ray fluorescence (XRF) and more complex methods such as: neutron activation analysis, Ramman’s spectroscopy, infrared spectroscopy with Fourier’s transformation (FT-IR) and optical coherence tomography (OCT).
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This article focuses on criminal law aspects of registering the personal data files with the General Inspector of Personal Data Protection. It should be emphasized that museums have only partially implemented the provisions of the Act on the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2016.922). However, some have successfully established Information Security Administrators (ISAs) and register collections of personal data with them. An important aspect of this paper is its analysis of the public register of personal data files. The author presents the results of a survey conducted among museums with ISAs, which have unregistered personal data files.
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The legal environment, understood as a set of factors, affects enterprises in a given country and plays a large role in the business environment. Research aims. The main objective of the conducted research is to verify the hypothesis about the significance of legal environment in relation to the freedom of business conducted and the GDP achieved in a given country. Methodology. The research objective achievement was based on the analysis of the Rule of Law Index, Economic Freedom Index and Business Freedom (being the EFI subfactor) as well as GDP values for 97 countries that were included in the Rule of Law and Economic Freedom classification in 2016. The comparative method and factor analysis were conducted. Key findings. The higher level of the rule of law is related to higher economic development and provides wider freedom in business for entrepreneurs. In the studied cases, the leading countries’ group which includes Singapore, Australia, New Zealand, Denmark, and Norway, achieved the highest levels of both indexes’ values – Rule of Law and Business Freedom in comparison to other countries in analysed population.
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In a referendum, the people of the United Kingdom (UK) voted to leave the European Union (EU.) Some aspects of this process have been reviewed by the national Supreme Court (UKSC.) In trying to understand the role of judicial review in the Brexit referendum, the paper argues that the opinion expressed by citizens in a referendum has not been subjected to judicial review; instead, the paper explains, what has been judicially reviewed are two issues: one regarding the role the Government and Parliament have in the post-referendum proceedings. The second issue that has been reviewed is whether the subnational legislatures of Scotland, Wales and Northern Ireland have jurisdiction on the Brexit proceedings. Empirically, Brexit provides evidence to understand both, contemporary challenges of judicial review and the limits of a counter-majoritarian function in the British polity. This evidence matters when the debate on the democratic legitimacy of judicial review is examined. The paper is based on a qualitative analysis of parliamentary debates and judicial rulings, as well as on-line version of newspapers and relevant documents.
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The functioning of the energy industry is largely based on legal norms and energy policies, which set the direction and development of business opportunities. The everchanging energy law creates opportunities for manufacturers operating in the renewable energy sector to adapt quickly to new conditions. The article presents the influence of changes in the field of energy law – the Act on Renewable Energy Sources – on the need to change business models of companies (renewable energy producers) determining their strategy in the energy market. Due to numerous legal changes in Poland in recent years, entrepreneurs have been forced to update existing business models. This paper analyzes the impact of legal aspects on renewable energy business models by presenting their variants in the light of the changing energy law, the scale needed to introduce model changes and strategies for further effective functioning on the energy market, and above all adaptation to new regulatory requirements.
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An amendment is a proposal for modifying and adding new parts to a draft law. It represents a part of a wider corpus, the right to legislative initiative, but it always refers to the text of the bill that is on the agenda of a parliament or is in the parliamentary procedure. The aim of this paper is to present the original goal of the amendment, as well as the modification of the purpose of the tabling of this procedural instrument of parliamentary law. An amendment had been traditionally seen as an instrument of influencing the content of the laws passed by the parliament. Given that today, in the era of absolute domination of the government in countries with the parliamentary system of state power, it has become a key player in all stages of the legislative process and the monopolist in proposing the law, the deputies on legislative policy cannot effectively influence the submitting of draft laws in any other way, but by submitting amendments. For the functioning of today’s parliament, however, it is not enough to take into account the dominant position of the government, but we must also bear in mind the key role of political parties and the rules stemming from party discipline. Amendments by opposition MPs (members of parliaments) – in addition to attempting to realize their original purpose – are submitted so that they would speak of government failures, a problem that must be solved, an initiative that should be achieved. Opposition MPs use their right to speak, which is the basis for the performance of all parliamentary functions, and above all of a representative role. Anything that deputies suggest or say, they do so as representatives of the citizens as bearers of sovereignty who, by exercising sovereignty, elect their representatives. Earlier in the science of constitutional law, the question was raised whether the amendments of the opposition MPs – although they represent the means of political struggle in the parliament – are always good-natured or can be regarded as a form of abuse of rights. Obstruction is to some extent always a sine qua non of parliamentary life, given the fact that parliaments are political bodies. On the other hand, the members of the ruling majority are increasingly using the right to file amendments. The aim of these procedural means of legislative procedure, however, is not primarily the intention to amend the draft law, but to discuss and praise the policy of the government and its results and to narrow the opposition’s maneuvering space in criticizing it. In this way, the original meaning of the amendment is modified and they become the means of fighting “for the stage”, during the parliamentary debate on the bill. In this paper, we present and analyze the new practice from the last six months in the work of the National Assembly of the Republic of Serbia, which shows that it can no longer be argued that the amendments are submitted primarily by the opposition and independent deputies, as it was previously considered in the science. The new practice in the functioning of the ruling majority in our parliament is considered to be an inventive, legitimate means of political struggle that takes place in a legal manner in accordance with the valid Rules of Procedure, which is the product of another ruling majority, although one of the greatest Serbian lawyers of the twentieth century, Slobodan Jovanović had considered it as obstruction, that is, “the form of abuse of rights” and “unlawful occurrence”.
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The state is an important institution with an economic, social and political structure oriented towards meeting the common needs of people in a specific organization. In this respect, the state is involved in many areas of society life. It is known that there has been significant changes in the understanding of the state during the period from the day when humanity existed in the historical process to the present day. These changes in the understanding of state proposed different state structures for the agenda in those periods. Taxation power and justice in taxation have become two concepts that are perceived differently by the social classes due to these differences in the understanding of state and therefore that are often accentuated and discussed. The concepts of taxation power and justice in taxation are two important concepts discussed in almost every period in the changing and shaping state system. While the taxation power among these concepts is the reflection of the sovereign authority of the state into the financial field or the state's legal and actual power used in this field, justice in the taxation refers to a structure in which the tax burden is intended to be distributed in a fair manner and in which it is determined who will pay how much tax and what will be the extent of taxation according to the personal circumstances of the tax payers. Although the concepts of taxation power and justice in taxation were addressed separately in many studies in the literature, the number of studies that these two concepts were discussed together is very small. For this reason, the aim of the study is to address the concepts of taxation power and justice in taxation and examine these concepts within the framework of theoretical foundations, differentiated state systems and different theoretical approaches. Taxation power and justice in taxation are discussed in two chapters as basic headings. In the first chapter of the study, the theoretical basis and scope of the taxation power were discussed starting from the definition of the taxation power and then the national and international boundaries of taxation power were emphasized. In the second chapter, the concept of justice and theoretical content of justice principle in taxation were discussed. Then the suggested approaches for ensuring justice in taxation, the principle of benefit (utility) and the principle of payment power (power, financial power) were emphasized. While these two approaches were examined, justice in taxation were tried to be examined separately for both the utility principle approach and ability-to-pay principle approach.
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This paper discusses the process of institutionalization of social control in the Russian Federation. Proved the importance of the adoption of the federal law „On the basis of social control” to protect and promote the interests of citizens. The author pays special attention the empowerment of citizens and NGOs in managing state affairs, to ensure transparency and openness of public authorities. It is concluded that due to public scrutiny should occur increasing the efficiency of public authorities and local governments. As a result of the introduction of mechanisms of public control should be a decrease in the risk of illegal adoption and implementation, and (or) contrary to the public interest decisions. The law will contribute to social and political stability in the society, a more complete realization of the constitutional rights of citizens to participate in public affairs. // W artykule podnoszony jest problem demokratyzacji rosyjskiego społeczeństwa, ze szczególnym uwzględnieniem instytucjonalnych form kontroli społecznej w Federacji Rosyjskiej. Autorka podkreśla znaczenie przyjęcia ustawy O podstawach kontroli społecznej, z punktu widzenia ochrony i promocji interesów obywateli Rosji. Autorka zwraca szczególną uwagę na rozszerzanie się praw i możliwości obywateli i NGO w procesie zarządzania państwem, zwiększania transparentności działań organów władzy państwowej. Kontrola społeczna nad powinna sprzyjać zwiększaniu efektywności działalności wspomnianych organów władzy państwowej i samorządu terytorialnego. W wyniku wprowadzania mechanizmów kontroli społecznej zmniejsza się ryzyko przyjmowania i realizacji decyzji sprzecznych z interesami społecznymi. Ustawa, o której mowa w artykule, sprzyjać będzie wzrostowi społecznej i politycznej stabilności w społeczeństwie i pełniejszej realizacji konstytucyjnych praw obywateli do udziału w zarządzaniu sprawami państwa.
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Kis János válasza Az abortuszról: Érvek és ellenérvek című könyvéről írt recenziómra (lásd: BUKSZ 1992) újabb betekintést engedett számomra a hatalomelvű elméleti gondolkodásba. Bármilyen nagyra is értékelje kollégája a munkáját, ő egyszerűen nem képes elviselni a kritikát. Bármelyik, a liberális elméleti kultúrában szokásos adok-kapok eljáráshoz szokott szerzőt elégedettség fogta volna el olyan kritika olvastán, mint amilyet én írtam. Én komolyan vettem Kis érvrendszerét, azt objektíven mutattam be, és emellett vázoltam fel egy alternatív álláspontot. A célom az volt, hogy a vitát egy komoly kritikai hozzászólással előbbre vigyem. Ha Kis egyetlen vágya, hogy hallgatói dicsérjék, akkor felesleges könyvet írnia. Ha azt szeretné, hogy Nyugaton komoly filozófusként tartsák számon, akkor meg kell próbálnia megérteni és tiszteletben tartani az ellenvéleményt is.
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The judge royal (Latin: iudex curiae [regiae], Hungarian: országbíró) was the judge of the medieval Hungarian royal court from the 13th century. His deputy was the vice-judge royal (Latin: viceiudex curiae [regiae], Hungarian: alországbíró). This study discusses the relation between these two officers, focusing on the reign of Andrew III (1290–1301). At first I survey the process whereby the vice-judge royal had emerged as the ordinary judge of the royal court instead of the judge royal. According to the earlier scholarly literature this office appeared in the 1260s, and its formation continued into the first part of the 14th century. In my view, this process was more complex and unfolded in several steps. Initially the vice-judge royal was appointed by the judge royal, and deputized for only the judge royal, who was far from the royal court more often from the 1260–1280s. Nevertheless, the emergence of the direct praesentia by the vice-judge royal not was a spontaneous process, but a deliberate political move on the part of Andrew III. From 1293 he tried to free the royal law court of magnate influence, and therefore appointed his own vice-judge royal, with the judge royal retaining just a representative part in the jurisdiction. This model failed in 1298, although in formalities lived on until 1304. On the basis of the sources from the period between 1293 and 1298 the king nominated the vice-judge royal, who directed the royal law court, but from September 1298 the judge royal again appointed his own man to this office. Thus, the vice-judge royal was the king’s man only during those years (1293–1298), when the institution was not subjected to the influence of the magnates.
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Although the founding charter of the Holy Cross provostry at Lelesz (today Leles, Slovakia) from 1214, of dubious authenticity, has not survived in the original, one of its later transcriptions from 1334 lists among the grants made by bishop Boleslo of Vác in favor of the provostry a possession called Zolunta. The people of Zolunta are reported to have robbed Russian tradesmen, an act later proved by the tradesmen through ordeal in the church of Buda, whereupon Zolunta was adjudicated to them by court ispán (comes curialis) Egyed. The village was eventually bought by the bishop of Vác from the tradesmen for 82 marks. The possession in question has traditionally been identified in the research with Szalonta in the medieval county of Borsod (Hejőszalonta, Hungary). According to Ambrus Pleidell, however, the provostry owned Szalóka (Solovka, Ukraine), which was variously regarded as belonging to the counties of Bereg and Ung in the Middle Ages. In the course of various lawsuits in 1336, 1343 and 1378, the monastery proved its title to Szalóka in Bereg with the founding charter and its later transcriptions. It is likewise Szalóka that is recorded as a possession of the provostry by the tax register of 1550. In order to establish which possession was in fact owned by the monastery of Lelesz, the author examines the charters which have preserved the relevant part of the founding charter, as well as the medieval variants of the names of the two settlements and their history. Two among the three textual traditions of the founding charter (1214/1334/1342/1364/1406, 1214/1334, 1214/1362) contain variants of the toponym Szalonta, which thus probably figured in the charter of 1214 as well. In the summary transcriptions connected to the presentation of titles in lawsuits (1336, 1343, 1378) it is Szalóka which appears without exception. The forms of toponyms, while fairly similar to each other, certainly refer to different settlements. As for Szalonta, prior to 1319 it was owned by the Ákos kindred, and thereafter by Dózsa Debreceni, voevode of Transylvania – consequently, it surely did not belong to the monastery of Lelesz in the early 14th century. Szalóka, on the other hand, was owned in the first half of the 13th century by Artolf of the Aba kindred, from whom it was purchased by the son-in-law of ban Bánk called Simon. In 1270 it was in the possession of Mihály son of Endre of the Rosd kindred, and in 1285 in that of his widow and new husband, Jakab Lónyai. In a protest made before the chapter of Eger in 1302 the provost of Lelesz claimed that Szalóka belonged to his monastery. On the basis of this information, the most probable solution seems to be that, while the provostry had originally come into the possession of Szalonta by virtue of the founding charter, later in the Angevin period it used the document to prove its title to landowning at Szalóka. During the lawsuits, the monastery probably argued that the Zolunta/Zolounta figuring in the charters in fact referred to Szalóka in Bereg.
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The paper analyses the role of Count János Pálffy, commander-in-chief of the imperial army in Hungary in the antecedents of the legal action against Julianna Géczy, Mrs. János Korponay (known as the „White Lady of Lőcse” after the roman of Mór Jókai) in 1712. She said that the leaders of the refugees of the succumbed war of independence (1703–11), led by the prince Francis II Rákóczi, sent letters in secret to her from Polonia, to deliver them to their sympathizers in Hungary. The woman however, hoping for some prize, decided to show these documents to Pálffy, who was at first slightly interested in these. Mrs. Korponay tried therefore to take her chance in the entourage of the emperor-king, stayed in Presburg on the occasion of the Hungarian diet. However, when she received the false information, that Rákóczi obtained pardon from the ruler, and he will come to the diet, she, to avoid the detection of her duplicity, committed the letters to the flames. This at the moment, when Pálffy, on the order of the king, became interested in the documents, offering to Mrs. Korponay the possibility to destroy the letters containing damning information of her father, who participated as revolter in the war of independence. The initially indifferent, later open-handed attitude of the commander-in-chief might be in connection with the actual political situation: Pálffy probably didn’t want to risk the agreement and confidence, established in 1711 partly by him between the Viennese Court and the revolters with such a delocate matter. After this affair became public, his aim was to make the statements of Mrs. Korponay declared untrue.
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The article analyzed the content of Art. 227 part 2 of the polish Higher Education Law (from 27 July 2005). In accordance with this rule the rector determines the university area in consultation with the competent authority of local government. There were indicated numerous ambiguities associated with the application of this rule as well as his implications on the field of administrative, civil and criminal law. It proposed several methods for determining the university area. It was also found de lege lata that if the university area designations are within the territory of more than one municipality, the right solution seems to be agreement between rector and the council of each of these municipalities individually. If the subject would exceed the capacity of the municipality (or municipalities) authorities, then, according to the principle of subsidiarity, district would be appropriate unit of local government, followed by the voivodeship.
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