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ZASADA KOLEGIALNOŚCI I JEJ ZNACZENIE DLA NAJWYŻSZEJ IZBY KONTROLI

Author(s): Tomasz Zaborek / Language(s): Polish Issue: 4/2022

The article describes the importance of the principle of collegiality for the supreme state control authority. This principle results from the Constitution of the Republic of Poland. The author assesses the structure of the Supreme Audit Office and the tasks of its internal bodies in order to determine whether the legislator has complied with the constitutional order. According to the author, the principle of collegiality is to ensure the independence and impartiality of the Supreme Audit Office.

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NAJEM POJAZDU ZASTĘPCZEGO - ROZWAŻANIA PRAKTYCZNE NA TEMAT GRANIC ROSZCZEŃ ODSZKODOWAWCZYCH

Author(s): Piotr Marek Wąchal / Language(s): Polish Issue: 4/2022

The issue of the rental of replacement vehicles in connection with road accidents and collisions is a relatively common issue in the jurisprudence. This is a matter that generates numerous disputes between the injured party and the insurer or the service provider and the insurer. The line of jurisprudence developed over the last decade provides grounds for indicating the limits of liability of insurers in this matter. Nevertheless, the changes that are taking place on the market of services and in the fi eld of claims handling, as well as in the approach of the victims themselves to this problem, are scientifically interesting matter.

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AKTYWNA ROLA SĘDZIEGO GWARANCJĄ PRAWA DO RZETELNEGO PROCESU (KARNEGO)

Author(s): Robert Rynkun-Werner / Language(s): Polish Issue: 1/2023

The Author of the article present his own point of view on the systemic issues related to the right to a fair criminal trial, and more broadly to court proceedings in general. This law is based on a numer of procedural guarantees which, both codifided and uncoded, must be realistically respected by a court in a democratic state ruled by law. However, it often happens that a judge applying the law, faced with unconstitutional legislative changes, faces a difficult dilemma as to how to proceed when making a procedural decision in a specific individual case, when the application of a specific provision of the act is contrary to the Constitution, the Law of the European Union and the axiology of the entire legal system. A ruling in a such diff cult circumstances is possible only in the case of positively understood judicial activism, without which it would be difficult to consider the administration of justice as independent and impartial, and the trial as fair. However, this attitiude can be considered a political manifesto and an attempt to act contra legem. Is it really so?

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ZARZUT POTRĄCENIA W KONTEKŚCIE NOWELIZACJI KODEKSU POSTĘPOWANIA CYWILNEGO

Author(s): Marta Korzeniewska / Language(s): Polish Issue: 1/2022

The set-off institution raised and still raises a number of doubts from the point of view of a substantive issue. The issues related to the application of this institution was - and will undoubtedly continue to be - the subject of considerations of representatives of the doctrine. Particular attention should be paid to the use of this regulation in the trial, because while the material issues related to the charge of set-off have received numerous comments, supported by the positions of the courts, when it comes to procedural issues related to this - one may feel a certain insufficiency. So far, no monographic study on the charge of set-off has been published. Meanwhile, as part of the amendment to the Code of Civil Procedure, it was decided to introduce a new solution providing for a comprehensive and comprehensive formula for the set-off charge. This article is intended to draw attention to the use of this institution mainly in procedural proceedings. However, it should be borne in mind that this is only a synthetic context, due to the complexity of this subject of the process.

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ZWALCZANIE CHORÓB EPIDEMICZNYCH W WARUNKACH PANDEMII COVID-19

Author(s): Edyta Tkaczyk / Language(s): Polish Issue: 1/2022

The article is dedicated to analysis of Constitution provisions included in art. 68 para. 4 of the Constitution forcing public authorities to eliminate epidemic diseases, which requires public bodies to protect citizens against health- and life-threatening actions. The emergence of SARS-CoV-2 virus and consequent outbreak of pandemic caused this article to acquire a completely new significance, being a state problem. Epidemic threat or pandemic covered the area of more than one province, as a result of which the health minister, public administration minister and Chief Sanitary Inspector were also assigned to this task. These bodies had to reach compromises between health protection and state independence.

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OZNAKOWANIE DRÓG W POLSCE JAKO SYMBOL PODSTAWY BRAKU ZAUFANIA OBYWATELI DO ORGANIZACJI RZĄDOWYCH I SAMORZĄDOWYCH

Author(s): Krzysztof Głowiński,Wojciech Pasieczny / Language(s): Polish Issue: 4/2021

One of the basic principles of social coexistence is, inter alia, the requirement to behave in accordance with the law of individual communities. Therefore, since citizens are to obey the law, the State itself should obey the law. For over a dozen years we have been observing a rapid increase in the number of road users, and the intensity of road traffic has also increased proportionally. The economic development of the country - despite the pandemic, supports these tendencies and in the near future a further increase in the number of road users will be visible. Unfortunately, it often happens that unclear, inadequately or insufficiently marked road infrastructure confuses drivers, and in some cases also leads to conflicts with control authorities, and in extreme cases even to road incidents. The aim of the article is to indicate the failure to respect the law by governmental and local government organizations by marking Polish roads and streets that are incorrect or contrary to the applicable law.

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EDUKACJA PRAWNICZA KAROLA MARKSA

Author(s): Marcin Konarski / Language(s): Polish Issue: 3/2021

The aim of this article is to analyse a short period in the life of Karl Marx when he was a student at the Law Faculty at the University of Bonn, and then at the Law Faculty at the University of Berlin. During the period of these, ultimately uncompleted, legal studies, his attention was absorbed by the notions of „state” and „law”, the analysis of which in his later work - as a philosopher, economist and revolutionary activist - was an important element of his academic delibarations. This article therefore analyses issues related to Karl Marx’s first steps as a young student of law. The author presents selected threads of Karl Marx’s statements, mainly those concerning the political and legal system, which appeared in his publications, both during the period in question and later.

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CZY ORZECZENIA LEKARZY ORZECZNIKÓW ZAKŁADU UBEZPIECZEŃ SPOŁECZNYCH O ZWIĄZKU CHOROBY, POWODUJĄCEJ CZASOWĄ NIEZDOLNOŚĆ DO PRACY, ZE SZCZEGÓLNYMI WŁAŚCIWOŚCIAMI LUB WARUNKAMI WYKONYWANIA CZYNNOŚCI SĘDZIEGO PODLEGAJĄ NADZOROWI PREZESA ZUS?

Author(s): Renata Żywicka / Language(s): Polish Issue: 3/2021

The subject contained in the article concerns emerging problems with the interpretation of art. 94 of the Act of 27 July 2001. Law on the system of general courts, as well as the possibility of checking the correctness of the judgments of the doctors of the Social Insurance Institution by the President of ZUS, in medical supervision mode from art. 14 par. 5 of the Act of 17 December 1998. About pensions and pensions from FUS. The scope of the activities of the Social Security Insurance Institute doctors and medical committees should include Determining whether the disease causing temporary inability to work on the judge was created in relation to special properties or conditions for performing activities. However, the Act of 27 July 2001. Law on the system of general courts in art. 94 (1) gives the opportunity to oppose the judgment of the Soczem Doctor within 14 days only the judge. In the opinion of the author of the article, the provisions of the law on the system of universal courts are not complete regulation. Supplementary roles perform the provisions of art. 71 and art. 73 of the Act of 13 October 1998. About the Social Insurance System, regulating the powers of the ZUS and the President of ZUS. They are the authority to control the judgments of the Social Adjustors, issued to judges in terms of their regularity.

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ZAKAZ STOSOWANIA TORTUR W ŚWIETLE KONWENCJI W SPRAWIE ZAKAZU STOSOWANIA TORTUR ORAZ INNEGO OKRUTNEGO, NIELUDZKIEGO LUB PONIŻAJĄCEGO TRAKTOWANIA ALBO KARANIA Z 1984 ROKU ORAZ PROTOKOŁU FAKULTATYWNEGO Z 2002 ROKU

Author(s): Aleksandra Zawiślak / Language(s): Polish Issue: 2/2021

This research paper presents mechanisms for the protection of human rights as a form of available procedures for preventing the violation of the prohibition of torture and other cruel, inhuman, degrading treatment or punishment. The purpose of the research paper is to introduce the concept of torture and the legal aspects of the regulation of their prohibition in the light of the Convention on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment of 1984. The research paper focuses on presenting the genesis of the Convention, the concept of torture in the light of its provisions, specific obligations of States Parties and the formal and legal provisions of this legal act. In addition, the provisions of the Optional Protocol to the Convention were presented.

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PRAWNE ASPEKTY FUNKCJONOWANIA RADY GABINETOWEJ W POLSCE

Author(s): Karolina Ciołek / Language(s): Polish Issue: 1/2021

The article is devoted to the functioning of the cabinet council in the polish legal system. The cabinet council consists of the council of ministers, sitting under the leadership of the president, who has the exclusive right to summon it. However, no binding decisions can be made at meetings of the cabinet council. The cabinet council doesn’t have the competence of the council of ministers. This body has only a consultative nature. Currently, it is a completely forgotten and not valid institution. Its full bloom is the period of Aleksander Kwaśniewski’s presidency in 1995-2005. The aim of the article, apart from the very description of the institution of the cabinet council in the polish constitutional order, is to indicate the reasons for its negligible use in recent years. The withdrawal from summoning it, perceptible since the presidency of Lech Kaczyński, which fell in 2005-2010, is caused, firstly, by the lack of the obligation imposed on the president to consult his decisions with the council of ministers, and secondly, by the inability to make binding decisions by the cabinet council. These reasons lead to the statement, which is the research thesis, that the cabinet council is not a requisite body for the functioning of the president of the republic of Poland and the council of ministers.

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The supervisory policy of the Bulgarian national bank: a factor for the stability of the banking system and investor protection

Author(s): Reneta Dimitrova / Language(s): Bulgarian Issue: 1/2024

In the modern financial world the central bank enjoys respect and dignity. The current scientific development aims to show how important the supervisory policy of the Bulgarian National Bank is to ensure stability in our banking system on the one hand, and on the other hand to protect the money of depositors in commercial banks. In the years since the establishment of a two-tier banking system, which significantly changed the functions and role of our central bank examples of good and bad practices in terms of supervision carried out by the Bulgarian National Bank can be pointed out and accordingly their consequences can be seen. The new supervisory practices of our central bank, established after Bulgaria’s accession to the Single Supervisory Mechanism should contribute to banking stability and high confidence in the banking system.

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Право і правова безпека в сучасних українських реаліях

Author(s): Sergey Petkov,Oleksiy Yavnyy,Oleh Koretskyi / Language(s): Ukrainian Issue: 1/2024

The article examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.

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Responsibilities of Land Deed-Making Officials in Making Sale and Purchase Deeds Made Without the Land Owner's Knowledge

Author(s): Nazhifa Salsabiela,Salim Salim,Widodo Dwi Putro / Language(s): English Issue: 1/2024

This research aims to analyze legal action against the Deed of Sale and Purchase made by the Land Deed Official (PPAT) without the knowledge of the land owner and the responsibility of the Land Deed Drafting Officer regarding the Sale and Purchase Deed made without the knowledge of the land owner. This research is normative legal research. The approaches used in this research are the statutory, conceptual, and case approaches. The study results show that making a Deed of Sale and Purchase without the owner's knowledge can have legal consequences; this means that the deed, as stated in Article 1320 of the Civil Code, can be filed for cancellation due to the subjective and objective conditions of the agreement not being fulfilled. Therefore, Deed of Sale and Purchase No 6657/2004 dated 1 November 2004, issued by Defendant I, is invalid or legally flawed and does not have binding legal force. PPAT's responsibility in making the Deed of Sale and Defendant I, as PPAT, violated the provisions of Article 38 § 1 of Government Regulation 24 of 1997 by purchasing without the owner's knowledge, which is an administrative offence. As a result, Defendant I, acting as PPAT, can face dishonourable dismissal. In civil terms, Defendant I's proven commission of an unlawful act requires PPAT to compensate for losses suffered by the parties. Criminally, PPAT can face accountability if it is proven negligent in checking the identity of the person present and attending to other formal matters. Then, authorities can charge PPAT under Article 266 of the Criminal Code.

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Implementation of Electronic Transactions of Notary's Deeds in Improving Legal Certainty and Data Security

Author(s): Tatik Susilawati,Zainal Asikin,Lalu Wira Pria Suhartana / Language(s): English Issue: 1/2024

This research aims to determine the regulation of electronic transactions in Notarial deeds (Notary Study in West Lombok). This type of research combines normative legal elements, which are then supported by adding data or empirical elements. Notaries, Temporary Notary Officials, Substitute Notaries, and MPDs carry out electronic notarial deed arrangements, and after 25 years, the Notary must submit their protocol to the MPD. The UUJN/UUJN-P does not regulate whether notary protocol storage is limited to paper media (conventional) or allows for digital storage using electronic media by a notary. This is because the Notary's protocol is considered a state archive, and the Archives Law governs the permissibility of storing archives using electronic media. Implementing notarial deeds via electronic means to increase legal certainty and data security, namely by storing Notarial protocols digitally using electronic media not regulated in UUJN/UUJNP, legal responsibilities arising from violations or unlawful acts apply to legal provisions. In general, whether civil, criminal, or administrative, to the Notary concerned. Another responsibility of the Notary who holds the protocol is to keep the parties' data confidential in connection with legal acts outlined in the form of an authentic deed.

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Sanctions for Dismissing the Position of a Notary: Comparative Study in Indonesia and South Korea

Author(s): Melva Dwi Saputri,Rodliya Rodliya,Any Suryani Hamzah / Language(s): English Issue: 1/2024

This research aims to analyse the considerations of the Notary Supervisory Council in imposing sanctions for dismissing a notary's position in Indonesia compared with South Korea, to analyse law enforcement and ethics in the process of rejecting a notary's position, and to analyse the similarities and differences in sanctions for dismissing a notary's position. The type of legal research used in this research is normative legal research. The considerations of the Central Supervisory Council in Indonesia and the Notary Disciplinary Committee in South Korea in imposing sanctions for dismissing Notaries in their respective countries have similarities, namely that the Central Supervisory Council and the Notary Disciplinary Committee both have the freedom to impose sanctions on Notaries based on the considerations obtained. Sanctions imposed on Notaries in Indonesia who violate the code of ethics are not in the form of dismissal from the position of notary but dismissal from membership in the Indonesian Notary Association. Meanwhile, the South Korean Notary Disciplinary Committee carried out the results of the disciplinary hearing decision. When the disciplinary hearing decides that the notary has been given a penalty in the form of dismissal, the notary is automatically dismissed from his position. The Indonesian and South Korean Notary Laws have several similarities; both apply sanctions for dismissal and temporary dismissal or suspension of duties. Then the difference is that in Indonesia's Law on Notary Positions, there are three types of notary dismissal. In contrast, the Notary Law of the Republic of Korea only recognises two types of dismissal.

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The Role of the Regional Supervisory Assembly in Enforcing the Law on the Position of Notaries in East Lombok District, Indonesia

Author(s): Baiq Vara Arisinda Seftian,Kurniawan Kurniawan,Eduardus Bayo Sili / Language(s): English Issue: 3/2024

This research aims to analyse the role of the Regional Supervisory Council in enforcing the Law on Notary Positions in East Lombok Regency, the form of supervision carried out by the Regional Supervisory Council (MPD) on Notaries in the East Lombok area. This research is empirical juridical legal research, namely legal research regarding the application and implementation of legal provisions that apply to the conditions in society. The results of the study show that the supervision carried out by the MPD for notaries in East Lombok Regency is providing seminars on notarialism, holding meetings once a month, which the MPD and notaries attend to evaluate the performance of fellow notaries in East Lombok district and make visits at least once a year to check notary protocols. The law on the Position of Notaries (UUJN) is a guideline for notaries in carrying out their duties and responsibilities. If a notary commits a violation, the MPD will report it to the MPW (Regional Supervisory Council) and be given sanctions.

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Enforcement of Laws for Utilisation of Natural Resources in the Coastal Area of Bima Bay, Indonesia

Author(s): Aif Wahyu Mulya,Arba Arba,Aris Munandar / Language(s): English Issue: 5/2024

The increasing use of natural resources and various development activities have given rise to various negative impacts, such as the threat of degradation of coastal resources, both directly and indirectly. Regulations regarding the authority to manage coastal areas and small islands still need to be integrated and systematic. This research aims to determine how law enforcement uses natural resources in coastal areas. In regulating the utilisation of natural resources, land in coastal areas can be categorised into two sides, namely, control and management. Control is regulated in Law No 5/1960 UUPA; management is regulated in Law No 1/2014 concerning managing coastal areas and small islands. Implementing the use of natural resources in the coastal area of Bima Bay, seen from the level of education and legal awareness of the people in a region, can influence their understanding of the importance of monitoring and utilising natural resources in coastal areas. The availability of facilities and infrastructure for monitoring and utilising natural resources in coastal areas varies depending on location, level of development and government policy. The implications of law enforcement, carried out by the marine monitoring UPT from the Maritime Affairs and Fisheries Service, this supervision collaborates with Polairut, along with the community who can participate in monitoring and managing the use of natural resources so that in the future it can be effective and beneficial for the interests of stakeholders in coastal areas.

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The Implementation of Cancellation of Land Title Certificates Due to Administrative Defects After the Enactment of Government Regulation No 18 of 2021: A Case Study of the Land Office in Malang Regency

Author(s): Ahmad Wiranto,Patricia Audrey Ruslijanto,Herlindah Herlindah / Language(s): English Issue: 7/2024

The research examines the implementation of the cancellation of land certificates due to administrative defects by the National Land Agency (BPN) in Malang Regency following the enactment of Government Regulation No 18 of 2021. Researchers adopted a sociolegal approach with a juridical-anthropological perspective to investigate human behaviour within the cultural context, particularly in the legal realm. Researchers collected primary data through interviews with the Head of the Section for Control and Resolution of Disputes at the Land Office of Malang Regency. Secondary data, including legal regulations, documents, literature, and online sources, were obtained through a literature review. The study reveals that the annulment process is categorized into light, moderate, and severe cases based on complexity. Challenges include determining parties acting in bad faith, lacking technical guidance for evidence collection, and lacking a timeframe for dispute resolution, resulting in inefficiencies. The BPN of Malang Regency received minimal cancellation requests, reflecting low public awareness. Efforts to address these challenges involve classifying cases appropriately, recommending cancellations to the Regional Office, and enhancing public awareness through awareness campaigns. The study concludes that while the BPN follows prescribed procedures, improvements in defining good faith, establishing clear evidence collection guidelines, and implementing timeframes for dispute resolution are essential for more efficient and just handling of certificate cancellations.

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Liability for the Destruction of Collateral Object of Fiduciary Guaran-tee in Uninsured Murabahah Bil Wakalah Financing

Author(s): Yanita Putri Ramadhan,Zahry Vandawati Chumaida,Trisadini Prasatinah Usanti,Bambang Sugeng Ariadi / Language(s): English Issue: 7/2024

Murabahah bil wakalah financing allows customers to obtain insurance coverage for their obligations against all goods used as collateral for financing by transferring the risk of collateral through insurance mechanisms. The insurance is provided by an insurance company designated by the Bank, which appoints and establishes the Bank as the party entitled to receive payment of the insurance claim (BANKER'S CLAUSE BANK). This is certainly very risky for Islamic banks, as there is a possibility that financing recipients may not insure the financing object. Research using a legal regulation approach and a conceptual approach yields a conclusion: Dispute resolution, if the financing recipient defaults on the Murabahah bil waka lah financing and the uninsured fiduciary collateral object is destroyed, is pursued through a lawsuit in the District Court based on breach of contract. However, in Islamic financing, the resolution of problematic financing is based on the Fatwa DSN 47/DSN-MUI/II/2005 on the Resolution of Murabahah Receivables for Customers Unable to Pay. The destruction of the financed object burdened with insurance, where the financing recipient acts as the insured party, makes the Bank the financing provider liable. If the funded object is destroyed and the insurance claim does not cover the remaining payment, the financing recipient is still obligated to continue the insurance as the shortfall in payment persists.

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„MUSI BYĆ OPŁACALNIE, MA BYĆ LEGALNIE, NIE MOŻE BYĆ NIEMORALNIE...”

Author(s): Ewa Łętowska / Language(s): Polish Issue: 2/2023

The title quote is the „three sacred principles of the new pragmatism” formulated by Grzegorz W. Kolodko. The economy, according to the recommendations of this direction, requires the reduction of human, material and financial inputs, in order to maintain a long-term dynamic economic equilibrium. As a research method, the new pragmatism requires multidisciplinarity: it wants to draw on the achievements of other social sciences, including knowledge of the law („it is supposed to be legal”).The essay deals with the question of what it means for something to be legal. The main thesis is a warning to – first, not to conclude „what the law is” only as a result of reading the texts of laws, and second, to be aware that the texts of laws can themselves be tools of political or market oppression/manipulation. Modern Polish law is multicentric. The multicentric system of law includes domestic national law as well as EU law and the acquis communautaire. Thus, the content of the Journal of Laws alone – is not enough to know what is „legal”.The texts of laws alone also tell us little about the market situation. Here, the law itself is sometimes an instrument of legal harassment, directed against weaker participants in market games, while of course maintaining the appearance of legality. Business is reluctant to let anyone know „how it really is” and claims counterfactually – that its behavior falls within the categories of legalism. This camouflage is applied to the naive researcher of empirical market behavior.Thus, the contemporary notion of „what is legal” is shaped in Europe by the requirement for effective and real protection, rather than merely potential and abstract protection, which can be inferred from the existence of the text itself. And failure to reach the required standard is considered a sufficient indication (for the CJEU, ECtHR) that a state of illegality exists. Polish courts are less demanding in this regard.

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