CHARAKTER I ZASADA ODPOWIEDZIALNOŚCI CZŁONKÓW ZARZĄDU SPÓŁKI Z O. O. Z ART. 299 K.S.H. ORAZ ICH KONSEKWENCJE

Author(s): Katarzyna Sacharuk / Language(s): Polish Issue: 4/2021

Members of the management board of a limited liability company are liable for the company’s obligations, as defined in the provision of Article 299 of the CCC. There are different conceptions of the nature of this responsibility. It can be assumed that it is a liability for damages, guarantee or quasi-warranty or repressive. This article attempts to present each of these concepts and the consequences that are associated with the adoption of a specific model of responsibility

Isidore of Seville and his “codification” of law (etym. 5.1-27)

Author(s): Maciej Jońca / Language(s): English Issue: 49 (3)/2024

In the first part of chapter V of Etymologiae, Isidore of Seville collects and discusses the most important issues pertaining to law and justice. His analysis leads today’s lawyers to a surprising conclusion: narration is not typical to ancient linguistic treaties but to today’s legal codifications. Unlike the lengthy and casuistic arguments of ancient and medieval jurists, Isidore’s entries are concise, general and abstract. Transposing today’s templates of legislative techniques onto Etymologiae, Isidore of Seville may be considered one of the precursors of modern codifiers of law. He himself, despite the effect achieved, did not think of himself in such categories.

The timelessness of Isidore of Seville’s thought for the philosophy of law

Author(s): Dawid Kostecki / Language(s): English Issue: 49 (3)/2024

The intellectual legacy of Isidore of Seville is impressive. The Sevillian left behind hundreds of pages of texts that are a subject of reflection of theologians, historians, philosophers and literary scholars. The author of Etymologiae, as a talented compiler, created a cohesive vision of law, that resonates indirectly in contemporary philosophy of law. The aim of this paper is to show one possible path of implementation of a fragment of the intellectual legacy of the bishop of Seville to explore and expand readers’ horizons in legal philosophy. Isidore of Seville did not create his own school of natural law, but his works affected Thomas Aquinas, to name one. The bishop of Seville can hardly be called solely a thoughtless copyist, because the model of law that he proposed is largely a universal and timeless canon explored by today’s outstanding philosophers and theoreticians of law, such as L.L. Fuller or R. Dworkin. Despite the passage of fifteen centuries since the birth of the bishop of Seville, it turns out that the answer to the question of what should a good law be like is still a subject of discourse among lawyers, philosophers, ethicists, sociologists or anthropologists of culture. In order to present the intellectual legacy of the Sevillian, this article uses the method of historical investigation, comparison and linguistic analysis.

Encyclopaedia of Isidore of Seville as polyphony(based on Etymologiae, I–III)

Author(s): Tatiana Krynicka / Language(s): English Issue: 49 (3)/2024

The life of Isidore hid under the shadow of his writing. Generations of Europeans learned about the world from its most famous work – Etymologiae. The author of this impressive compilation was a bishop dedicated to God’s people, advisor to Visigoth rulers, propagator of monastic life, ardent preacher, benefactor of the poor, leader of synod sessions. He was neither a scholar, nor a traveller, not a lawyer, a farmer or a doctor. His knowledge of the world was literary. Etymologiae was a kind of a cento, whose building blocks were breves tabellae (passages from works of other writers). In effect, Etymologiae may be considered a polyphonic work, from which the voice of the author himself reaches the reader from afar.

Food and meal consumption according to St. Isidore’s Rule in comparison to contemporary Western monastic regulations

Author(s): Piotr Sadowski / Language(s): English Issue: 49 (3)/2024

This article analyzes St. Isidore’s Rule, founded in the years 615–619, and studies the image of food and meal consumption that emerges from it. It presents the position of the bishop of Seville in comparison to other contemporary Western monastic rules of the time. The article reflects how much attention ancient monks paid to food and meal consumption in the community and whether, in the light of monastic regulations left in place, we can claim that their creator was aware of all the safety risks associated with food safety and food security. In the analysis of monastic regulations, this paper relies on comparative studies and also applied mainly historical-legal methods. There is no doubt that the questions of safe, “simple and fresh” food (food security) and the function of the hebdomadary (nutrition security) were present in Isidore’s Rule. This pastor and scholar wanted the community to create unity through eating. Food and culinary issues were important, though not the most important in the life of a community. The way in which people ate their meals expressed the hierarchy of the community life. The superior of the community was responsible for making decisions on numerous subjects. In his Rule, St. Leander’s brother did not pay as much attention to food and nutrition issues as, for example, Italian rules do. In contrast to other rules of ancient Western monasticism, the one presented by St. Isidore in terms of culinary and organizational matters turns out to be well balanced, moderate and devoid of all eccentricity. All of early monastic rules in the West analysed here focus on fasting.

Christian criticism of pagan religious and magical practices in Etymologiae of Isidore of Seville – an outline

Author(s): Irmina Weronika Stodulska / Language(s): English Issue: 49 (3)/2024

Etymologiae was Isidore of Seville’s most well-known work. This volume included a number of issues that reflected ancient knowledge adjusted to the changing realities of then contemporary world. The terms defined there were grouped in twenty books, which in turn were divided into chapters. Definitions of individual magical professions were included in Book VIII The Church and sects in chapter nine (Magicians). One could find there explanations of terms such as: magicians, necromancers, hydromancers, divini, incantatores, harioli, astrologers, sortilegi, salisatores, haruspices, augurs or pythonissae. Isidore believed that magical professions had one thing in common: they were all related to the work of demons. The main research problem of this article has been formulated as follows: to what degree can one talk about a coherent and consistent Christian critique of pagan religious and magical practices in Isidore’s Etymologiae? The aim of this article is to present Christian critique of pagan religious and magical practices in the Sevillian’s most famous work. The following methods are applied in this work: historical investigation, comparison and philosophical analysis.

Isidore of Seville and the ius et lex formula – inspirations for a philosopher of law today

Author(s): Jerzy Zajadło / Language(s): English Issue: 49 (3)/2024

Isidore of Seville’s Etymologiae has always been a subject of interest to lawyers. This concerns in particular its chapter five: Laws and times. This article, however, points out that a different fragment of Etymologiae carries certain importance to understanding the relation between ius and lex – an excerpt from chapter twenty. Isidore of Seville analyses there also another meaning of the word ius. On this basis, this article attempts to investigate the relation between different notions of law in a philosophical and legal angle.

Leksykon rzymskiego prawa karnego. Podstawowe pojęcia

Author(s): Szymon Pokrywka / Language(s): Polish Issue: 49 (3)/2024

Administrative Offenses of Legislation Committed in the Field of Security: Composition and Characteristics

Author(s): Nelli Tsybulnyk / Language(s): English Issue: 40/2023

In today’s world, the problems of security and law and order are considered one of the most urgent. Legislation regulating these issues ensures public safety, property protection, and effective law enforcement. In turn, violation of the law in the field of security, namely administrative offenses, is a common phenomenon that leads to negative consequences for public order and public safety. Such administrative offenses in the field of security may be related to violations of financial security, improper use of firearms, illegal drug trafficking, etc. In this scientific article, the author considered in detail the characteristics of administrative offenses in the field of security and their composition, analyzed the legal framework that regulates this area, considered the specifics of the relevant offenses committed in the field of security. Attention was focused on the need to improve the system of collection and processing of data on offenses, including the use of modern information technologies. The article emphasizes the in-depth understanding of administrative offenses in the field of security in order to further develop proposals for improving the effectiveness of measures to prevent and combat them, recommendations for improving legislation and the practice of applying the law, which are aimed at preventing violations in the field of security and ensuring appropriate punishment for committed offenses.

Competence of the Human Rights Office of the General Inspection and Human Rights Department of the National Police of Ukraine in the Sphere of Promoting the Implementation of the Common National Gender Policy

Author(s): Kateryna Shapovalova / Language(s): English Issue: 40/2023

In the conditions of the full-scale invasion of the Russian Federation on the territory of Ukraine, the issues of gender-based violence, discrimination based on gender and domestic violence are more acute than ever before the Ukrainian society. The war became the catalyst that caused not only an increase in cases of such violence, but also complicated the process of identifying and recording them. Despite the military actions, Ukraine continues to take decisive steps to overcome this problem, following the Euro-Atlantic and NATO course. Ukraine supports the policy of gender equality aimed at overcoming all forms of discrimination based on gender. Ukraine has recognized gender equality as one of the global standards – one of the basic principles of a democratic society, and strives to achieve real, factual equality between women and men. Evidence of this is the active implementation of international and European legislation and the implementation of its provisions in the practical activities of state bodies and institutions of all levels. In order to overcome gender stereotypes, education is actively developing, the institutional capacities of state bodies and institutions, and local self-government bodies are being strengthened. Alongside this, statistical research findings suggest that women still have limited access to decision-making in armed conflict, despite their disproportionate contribution to humanitarian aid, and that women remain under-represented in the security and defense sectors , in particular at the level of decision-making, including in military and civilian positions in the Armed Forces of Ukraine, the National Police, in international operations to maintain peace and security. In view of the above, the issue of gender equality in the security and defense sector of Ukraine, in particular, in the bodies of the National Police, deserves special attention and remains relevant.

Comparative Analysis of Notarial Functions in Ukraine, Poland and Lithuania

Author(s): Lina Kyianytsia / Language(s): English Issue: 40/2023

The article determines the functions of the notariat in Ukraine, Poland and Lithuania, their differences and common features, to establish additional functions of the notary, to study the procedure for performing the notarial function and its purpose. It was determined that the function common to all mentioned above notariats is to ensure non-dispute in civil legal relations through official notarization of acts, that the legislation of all three countries provides for the duties of a notary in the field of prevention of money laundering and terrorist financing and control over the payment of necessary taxes and fees in cases specified by law. It was established that in all legal systems notaries, along with the notarial function, can be mediators, but with their own characteristics. It was determined what functions are inherent to notariat of Ukraine, in contrast to the notariats of Poland and Lithuania. It was established that the national legislation of each country determines which acts are subject to mandatory notarization, but at the same time, in all the mentioned countries, if the participants in a civil relationship wish to regulate their relations, they can do so in a notarial manner, if this does not contradict the requirements of the law.

Criminal Characteristics of Criminal Offenses Related to Electricity Theft

Author(s): Serhii Rohalin / Language(s): English Issue: 40/2023

This article purpose is to review development state of the issue of forensic characterization of criminal offenses, build the general structure of forensic characteristic of electrical energy theft, determine its main constituent elements, divide them into groups, and develop a detailed forensic characteristic of electric energy theft. Validity of the obtained results and conclusions that were based on the analysis of the latest scientific research on issues of violation of regulatory requirements regarding the accounting of electric energy and unaccounted consumption of electric energy, on the results obtained during performance of forensic examinations at the National Scientific Center »Hon. Prof. M.S. Bokarius Forensic Science Institute« of the Ministry of the Interior of Ukraine, and also ensured the use of a complex of general scientific and special methods, in particular formal and logical, generalization, comparison. Scientific novelty. In the context of forensic expert provision of evidentiary base in criminal act qualification: electric energy theft, provided for in Article 1881 of the Criminal Code of Ukraine, for development of new and supplementing existing methodological recommendations for investigation by employees of pre-trial investigation bodies of criminal offenses; this article elaborates and systematizes data on performing forensic examinations and a detailed forensic description of electric energy theft was compiled that will become the basis for the construction of investigative versions and will contribute to the effective conduct of investigative (search) actions and other investigative measures, as well as quickly. Conclusions. 1. Development state of issue of forensic characteristics of criminal offenses is considered. 2. General structure of forensic characteristics of electric energy theft is built. 3. The main constituent elements of forensic characteristics of electric energy theft are determined. It is proposed to divide constituent elements into groups according to a defining sign; the most significant and auxiliary signs. 4. On the basis of generalizations of data based on the results of forensic examinations and theoretical processing of research results into the issues of unaccounted electric energy consumption, detailed forensic description of electric energy theft has been developed.

Powściągliwość sędziowska w relacjach ze służbami specjalnymi. Konieczny czy obcy element demokracji?

Author(s): Michał Bernaczyk / Language(s): Polish Issue: 2/2024

The article poses the following research question: what forms and methods of exercising judicial power in relation to intelligence services serve as a litmus test for democratization or autocratization? A democratic system presupposes that the state’s activities are subject to judicial oversight. This stems from the concept of democracy as a regime governed by the rule of law, while arbitrariness characterizes the essence of authoritarianism. However, the oversight of intelligence services can be a deceptive indicator of the level of democracy, considering that the relationship between the controlling judiciary and intelligence services mirrors the recurring discourse on the role of the executive during a state of emergency. Threats to democracy in the 21st century are no longer limited to conventional armed conflicts or natural disasters governed by state of emergency procedures but increasingly resemble a perpetual confrontation between state structures and terrorism, hybrid conflicts, cyber conflicts, and proxy wars. Even with extreme forms of extrajudicial detention implemented during I & II World War, Western constitutionalism has not relinquished the rule of law, yet it has long tolerated solutions that leave the activities of intelligence services beyond effective control by other branches of power.

Konstytucyjna ochrona godności jako reakcja na przeszłość totalitarną i zabezpieczenie demokracji w przyszłości

Author(s): Robert Stefanicki / Language(s): Polish Issue: 2/2024

The constitutional protection of dignity is not only an adequate response of European states to the totalitarian past, but also a mechanism for securing society for the future through democratic systemic structures. The German example confirms this. In theoretical-legal constructions concerning dignity, it is given a character that is fundamental to the whole order, and it is usually perceived as the source of its natural-legal conception. The interpretation of the constitutional norm contained in Art. 1 of the German Constitution, similarly to Art. 30 of our Polish Constitution, is constantly evolving, because the scale of threats and their scope change, which creates new challenges and the need to react at the level of one country, but also to secure appropriate standards on an international scale. Discussions on the liberalization of the execution of the sentence, the constitutionalization of the provisions on extraordinary measures, as well as the radicalization of movements related to the creation and activation of terrorist groups and the problem of today’s intensified religious conflicts have created new challenges for science and jurisprudence. Nowadays, there are problems with the development of technologies that were not taken into account at the time of establishing the Constitution, and where the failure to secure ethical boundaries may pose a real threat to human dignity.

Przepisy prawa regulujące nadanie i zmianę imienia i nazwiska jako narzędzie formowania nowego społeczeństwa w państwach o ustrojach niedemokratycznych — część I

Author(s): Jolanta Behr / Language(s): Polish Issue: 2/2024

The subject of the article are legal regulations concerning giving and changing names and surnames, analysed in the context of their role in the formation of society in countries with non-democratic systems, including the creation of a model member of such a society. Administrative law and administration will be shown as a tool serving the current interests of the ruling power. The importance of the name and surname in shaping a person’s personality and strengthening his relationship with a specific group will be explained, and the consequences of changes in this area will be indicated. The article will also highlight and discuss two types of provisions of legal acts regulating the granting and changing of a name and surname. The former make it possible to separate the model members of the new society from its enemies and make it easier to identify and eliminate undesirable people (laws in force in the Third Reich). The second enables the creation of a homogeneous society through the forced assimilation of selected individuals (laws in force in People’s Poland aimed at de-Germanisation). The article uses the legal-dogmatic method, consisting in the analysis and interpretation of the texts of legal acts, and the historical and legal method, taking into account the changes of the analysed legal institution over the years. The work also takes into account the practice of applying the law in the researched area.

Rozważania nad istotą demokracji w polskich naukach polityczno-prawnych w okresie międzywojennym. Wprowadzenie

Author(s): Maciej Wojtacki / Language(s): Polish Issue: 2/2024

The aim of the article is to present reflections on the democracy in the Second Polish Republic, particularly in scientific and political discourse. In order to accomplish this objective, an overview of definitions represented by the most important pre-war researchers of state law as well as active politicians is provided. Also, the basic sources of definitional deliberations and the influence of Western European philosophy on the development of studies of political doctrines in Poland in the interwar period are depicted. The base of reference sources was constituted by encyclopaedias, textbooks, and political press, for the collation of which historical and legal methods (the textual analysis and comparative one) were used. In consequence of the conducted examination, the main directions of redefinition of democracy as a political system were delineated, primarily towards organized democracy which is identified with authoritarian form of government and pure adjectiveless democracy.

Charakterystyka prawa totalitarnego i posttotalitarnego Adama Podgóreckiego

Author(s): Agata Przylepa-Lewak / Language(s): Polish Issue: 2/2024

The purpose of this article is to reconstruct the concept of totalitarian and post-totalitarian law as laid down by a great pioneer and populariser of the sociology of law, one of the finest sociologists of the twentieth century — Adam Podgórecki. This task is to be achieved primarily through the analysis of his works. However, the significance of the historical method cannot be dismissed in these considerations since the so-called “historical background of the period” related to the subjects taken up by Podgórecki bears significance for the characteristics he described. Undoubtedly, as he was an inquisitive researcher of the operation of law in social reality, and their mutual relationships — which he was famous for not only in Poland but also on the international arena — it is worth returning to his concept of these “phenomenal” phenomena, i.e., totalitarian law and post-totalitarian law. The researcher emphasized that in the 20th century, even in societies that were not directly affected by totalitarianism, its indirect impact can be observed. Also, he explained that it was necessary and important to study totalitarian social engineering, its roots, and consequences, because of the inherent threat of the re-emergence of totalitarian and post-totalitarian societies in the future. Law, according to Adam Podgórecki, is a petrified oppression. His analysis of totalitarian and post-totalitarian law revealed that the phenomenon of totalitarianism is too complicated to be compressed into a single theoretical concept. He called for totalitarian law and its heritage to be studied in an interdisciplinary and multidimensional way, that is, combining several levels of theoretical and methodological analysis, which he tried to substantiate. In order to create a universal definition of totalitarian law, he focused on listing its characteristics. He presented post-totalitarian law, in turn, as an internally coherent effect of the long-lasting influence of the authoritarian regime. To confirm this thesis, he pointed to circumstances that reveal traces indicating the impact of totalitarianism on its successor, which is paradoxical at times. Podgórecki’s thoughts focused on the experiential study of law, aimed at helping to formulate rational guidance for the legislature, which inspires the search for the source of these views, and his original, though often controversial theories, prompt reflections on their topicality. Analysis of Adam Podgórecki’s works leads to the conclusion that his characterization of totalitarian and post-totalitarian law, although not without its disadvantages, has many merits. It is done in an insightful, nuanced, and precise way, does not fall into simple schemes, and is characterized by originality and consistency in the application of his previous works.

Pamięć o przeszłości jako uzasadnienie decyzji kluczowych dla teraźniejszości. O zmaganiach Łotwy z Tatjaną Żdanok i Tatjany Żdanok z państwem łotewskim

Author(s): Filip Cyuńczyk / Language(s): Polish Issue: 2/2024

The present article outlines the conflict between the representative of the pro-Kremlin part of the Russian minority in Latvia and the local political community. The case will be presented in the broader context of the problems that emerge due to the constitutionalisation of new democratic communities after the fall of communism, the issues of the rule of law together, with questions of its unlimited inclusiveness. By discussing the case of Tatiana Zhdanok in a broad socio-political and historical context, it will be possible to reflect on Central European dilemmas concerning the values considered to be leading within the political community.

Korea Północna. Modelowy przykład współczesnego państwa totalitarnego

Author(s): Jakub Chustecki / Language(s): Polish Issue: 2/2024

Totalitarianism in its classical form represents a general model of state functioning. Depending on the perspective adopted, the authors draw attention to its two basic dimensions: socio-anthropological and systemic, i.e. institutional. Adopting an institutional perspective necessitates a comprehensive analysis of the individual elements of the system, i.e. the dominant, all-encompassing ideology, the mass monoparty, the system of terror, the monopoly on weapons and violence, the centrally controlled economy or the state monopoly on communication, because only if all the elements mentioned are present we can call the system totalitarian. These features were noted by researchers of non-democratic regimes as early as the 1950s on the basis of observations of regimes such as the Third Reich or the USSR. It would seem that with the post-war dynamic social and technological development, concepts previously used to describe social phenomena (including the concept of totalitarianism) would lose their original meaning. However, an analysis of the political system of North Korea allows one to pose the thesis that the so-called post-totalitarian states described today exist alongside totalitarian states in the classical sense of the term. The purpose of this paper is to portray the political system of the DPRK and to try to answer the question of whether we can describe North Korea as a model totalitarian state. The status of North Korea in the literature varies widely. Some researchers describe it as an authoritarian state, others as a totalitarian state, and some even call it a post-totalitarian one. The analysis of the individual elements of North Korea’s political system from the point of view of their totalitarian character also makes it possible to answer an extremely important question for researchers of non-democratic states: does totalitarianism have a clearly defined chronological framework or is it an ahistorical and universal concept? As a result of the analysis, it has been proven that North Korea fulfils all the prerequisites indicated by Carl Friedrich and Zbigniew Brzezinski, as well as those articulated by Hannah Arendt, Alexander Hertz or Roger Scruton necessary to qualify it as a model totalitarian state. Significantly, since the mid-twentieth century, North Korea has had an official Juche (juche) ideology that defines all aspects of state and society. There is also a mass party centred around a leader, a large-scale system of terror, both institutional (e.g. political police, concentration camps) and non-institutional (e.g. a system of neighbourhood control or hunger strikes). The party elite has total control over news broadcasting, with only the available public media saturated with government propaganda. The Korean Labour Party also has undivided power over the Korean military and the economy (which, incidentally, is part of the official Juche ideology). North Korea thus fulfils all the prerequisites to be considered a modern totalitarian state.

Własność jako prawo zabezpieczające w Polsce w okresie od 1946 do 1990 roku

Author(s): Jacek Gołaczyński / Language(s): Polish Issue: 2/2024

An interesting issue related to the ownership right is whether it can fulfill the function of securing the realization of receivables. The point is to determine whether the ownership right may constitute a law securing compulsory payment of a debt, similarly to pledge rights (pledge, mortgage). This issue was the subject of practice already under the rule of property law of 1946 and the Civil Code of 1964 that is, throughout the period of the socialist economy.1 Regulation of property rights in the Constitution of the People’s Republic of Poland of 1952 and the Civil Code of 1964 was diversified due to the introduction of types of ownership (state, cooperative, individual and personal). Hence the important question whether property rights could be used as a security right at all times, or only with respect to individual or personal property? The property was used to secure credit and loans. Owing to the resolution of the Supreme Court of May 10, 1948, in the absence of an effective lien, the property became a legal means to secure the loan, similar to the German Sicherungsuebereignung. Such a function was fulfilled by the property right in the security transfer of property, both under the decree on property law of 1946 and under the Civil Code of 1964. Despite this, there was still a discussion about the admissibility of using the seizure of property taken over from German law, especially with regard to real estate. The prevailing view was that the collateral transfer could not be applied to state and cooperative property. The banks that granted loans at that time were state-owned or cooperative entities. The loan was granted by a state-owned bank to a state legal person,2 which was related to the theory of uniform state ownership, nationwide ownership, or state ownership.