CENOWE POROZUMIENIA OGRANICZAJĄCE KONKURENCJĘ. RÓŻNORODNOŚĆ ORZECZEŃ. CASE STUDIES: KARTEL CEMENTOWY, KARTEL DROŻDŻOWY VERSUS SPRAWA SFINKS

Author(s): Monika Bychowska / Language(s): Polish Issue: 4/2022

Forbidden price agreements are one of the most serious violations of competition law. However, even such agreements are subject to relativization in terms of their market effects. Those price agreements, which are evidently easier to detect, at the same time less degrade the relevant market. The task of each competition protection authority is to effectively enforce competition law, which means that it is obliged to deal with the most important cases that may - in the absence of the authority’s intervention - lead to irreversible effects on competition.

ZABEZPIECZENIE INTERESÓW FIRMY W UMOWACH HANDLOWYCH Z KONTRAHENTAMI W CZASIE KRYZYSU

Author(s): Sławomir Obszyński,Natalia Korab,Sławomir Żurawski / Language(s): Polish Issue: 1/2023

The cornerstone of any company’s operation is ensuring its security. One of the most important tasks is to maintain financial security. The main purpose of the article was to indicate the differences in the level of financial security with counterparties with the introduction of appropriate provisions in contracts in this area and with the absence of such provisions and disorderly operation of the company in this area. In the first part, the authors describe the basics of the contract with counterparties. Then they characterize the basic contractual clauses, pointing out their important role in international contracts. The main part presents clauses protecting the company’s interests in commercial contracts with counterparties in times of heightened risk. In conclusion, it was noted that the absence of force majeure provisions in commercial contracts can have serious consequences for both parties. The main research problem was formulated: How should a company secure its finances in contracts when executing long-term contracts, during a crisis? What risks are incurred when such safeguards are not applied? The following hypothesis was adopted: the contract entered into should reflect the assumptions of both parties as best as possible and provide for solutions to most potentially contentious issues. Failure to include safeguard clauses in the contract can bring serious consequences for the future of both contracting parties. Verifi cation of the above hypothesis and obtaining answers to the above questions required the use of qualitative methods including critical analysis of legal acts, documents and selected items of literature on the subject.

When Life Is a Sin, or the Criminalisation of Homelessness in Hungary

Author(s): Miklós Tihanyi,Vince Vári,Dragana Čvorović / Language(s): English Issue: 2/2023

In a legislative process that has been ongoing since 2010, Hungarian legislation has reached the point wherethe homeless lifestyle has become a criminal act in all public areas. The work seeks answers to two questions. One is how thecriminalisation of homelessness can be adapted to the principles and values of the constitutional rule of law and Europeanism.The other question focuses on where the boundaries of constitutional policing lie, i.e. whether the police can be authorisedto intervene to solve a social problem even in the absence of an emergency. The legislative process leading to criminalisationis presented, especially from the perspective of the police. Based on the investigation of the social function of the police, the answeris formulated that the seventh amendment of the Fundamental Law1 did not dispel all constitutional concerns; moreover, keepingin force the constitutional provisions that formed the basis of the previous Constitutional Court2 decision resulted in internalconstitutional tension. The limitations of constitutional policing become apparent, which makes it unsuitable for dealing withsocial life situations.

Structure and Dynamics of Suicidal Behaviour in Poland

Author(s): Kornelia Stępień / Language(s): English Issue: 2/2023

The deliberate taking of one’s own life, the complete abandonment of the struggle for its continuance,is undoubtedly one of the hardest-to-explain tragedies affecting humanity. Taking a decision with such irreversible consequences,a human being is in a psychological state which causes an internal blockade, lack of will and ability to search for an alternativeway of coping with the situation in which they have found themselves. Research into the phenomenon of suicide is constantlyunderway. The literature on the subject has developed a number of definitions and concepts relating to the suicidogenic situationalsystem, which consists, among other things, of the mental state and personal circumstances of the individual contemplatinga suicide attempt. The dynamics of suicide attacks over the last decade, indicating a clear increase in suicide attempts andsuccessful suicides, particularly among children and adolescents, are a major cause for concern. The factors determining this trendrequire comprehensive analyses that will enable effective measures to be taken to help people in crisis, for whom psychologicalpain and the narrowing of perspective is an insurmountable obstacle.

Modern System for Face Biometrics Data Registration

Author(s): Marek Sutkowski,Anna Pakuła,Sławomir Paśko / Language(s): English Issue: 2/2023

The unambiguous identification of persons is one of the key aspects of police work. Biometric data find their application here due to the uniqueness of personal characteristics, which has a decisive impact on the certainty of identification of a person under investigation. Both the expansion of the set of biometric characteristics and advances in the quality (accuracy) of their representation in archives affect the correctness of identification and increase the chances of identification based on evenfragmentary data. Through the practical application of modern technology, we can achieve significant advances in the effectivenessof person identification for forensic purposes and the search for missing persons.

THE IMPLICATIONS OF THE NEW EU FOREIGN SUBSIDIES REGULATION AND ITS DRAFT IMPLEMENTING REGULATION FOR INVESTORS AND BENEFICIARIES

Author(s): Marta Vejseli / Language(s): English Issue: 1/2023

This article examines the notification obligations according to the draft implementing regulation of the Foreign Subsidies Regulation (“FSR”), which was implemented by the European Parliament and the Council on January 12, 2023. The draft implementing regulation establishes an extensive notification system for mergers and acquisitions (M&A) cases and public procurement, including tenders. The article outlines the main notification obligations and the required data that must be submitted to the Commission under the FSR and its draft implementing regulation. The FSR came into effect on January 12, 2023, and will be applicable starting from July 12, 2023. As of October 12, 2023, companies are required to notify the Commission of mergers and participation in public procurement procedures when the relevant thresholds are met. The purpose of this article is to examine the FSR and its Draft Implementing Regulation, which aim to address potential distortions in the EU internal market caused by subsidies from third countries to companies operating within the EU. The analysis in this article is based on a review of the FSR and its Draft Implementing Regulation, and relevant legal sources. The article also considers the consultation period of the European Commission and feedback received from companies and stakeholders during the development of the draft implementing regulation. The methodology involves a detailed examination of the provisions, definitions, and notification requirements outlined in the FSR and its draft implementing regulation. The draft implementing regulation of the Foreign Subsidies Regulation presents new compliance and reporting requirements for companies operating within the EU, aiming to address potential distortions in the EU market caused by foreign subsidies. While the specific legal challenges can vary, companies and beneficiaries should be prepared for the new obligations and requirements. These include ensuring compliance, understanding the subsidy assessment criteria, cooperating with authorities during investigations, balancing transparency with the protection of confidential information, and potentially addressing legal challenges or disputes. The implementation of the Foreign Subsidies Regulation represents a significant step in regulating third country subsidies and promoting fair competition in the EU internal market.

PRAVO NA RAD: POSLEDICE VIRUSA COVID 19 U REPUBLICI SRBIJI

Author(s): Marina Mijatovic / Language(s): Serbian Issue: 1/2023

The year 2020 was marked by the beginning of the Covid 19 virus pandemic, which manifested its effect at the global level and stopped the affirmative processes of every single country. The consequences of the virus affected the economy, everyday life, the work of institutions, the availability of various goods and services. The Covid 19 pandemic has caused significant changes in the landscape of labor law, which require adaptation in order to protect the rights of employees and respond to new challenges in the world, in the form of appropriate adaptations and needs of workers and employers. This paper includes changes in the field of employment, as well as the psychological characteristics of people and the way they behave after the Covid 19 virus. The author gives an interpretation using the method of observation and comparative analysis and tries to answer the problematic question: "Did the pandemic of the Covid 19 virus affect changes in the labor market and to what extent?" Every social segment is affected, especially the field of jobs, where the previous economic success largely suffers adverse consequences. The focus that is pursued in the pandemic but also in the post pandemic time is precisely empathy and human solidarity, especially in social and economic terms. Through empirical research, the paper aims to present the devastating character of the Covid 19 virus on the labor market in the Republic of Serbia, as well as the emerging trends consequently caused by the aforementioned virus.

St. Isidore of Seville on the role and importance of witnesses

Author(s): Karol Adamczewski / Language(s): English Issue: 49 (3)/2024

The aim of this article is to present the incredible character of St. Isidore of Seville and his teachings, especially in the context of the subject matter of witnesses in a trial, especially in its juridical and theological meaning. He was regarded as one of the most important scholars of Late Antiquity and the beginnings of Early Middle Ages. In his tireless scholarly and pastoral mission, referring to ancient cultural and scholarly tradition, he propagated the need for constant development of one’s knowledge and reason. He believed that human ignorance is the cause of many earthly and eternal misfortunes. In his treaties, addressed to legislators and rulers, he reminded them about the role of witnesses in a trial and the need to observe the ancient two-witness rule and consistent testimony as a guarantee of justice and truth.

Původ dělení věcí na hmotné a nehmotné

Author(s): Sylvie Grulichová / Language(s): Czech Issue: 2/2024

The article concerns the origins of the well-known classification of corporeal and incorporeal things in Roman law, which follows from the development visible in the legal sources from Institutes of Gaius to the codification of the emperor Justinian. The wide range of non-legal sources dealing with the classification, mostly the philosophical works, from authors as Cicero, Seneca, Gellius, or Lactantius, is taken also into account. Two types of the classification based on the corporeality of things arise from all the analyzed texts. The first one uses the terms corporeal and incorporeal thing, but the legal sources, except the Institutes of Gaius and apart the non-legal ones, almost avoid it. The second one divides things with corpus and the ones consisting of rights and it is represented in the text of Ulpianus or Hermogenianus as well as in several post-classical legal sources. Nevertheless, the codification of the emperor Justinian adopts the formulation according to Gaius, whose proximity to the philosophy categories can be observed so the classification of the corporeal and incorporeal things.

Preliminary comments on the genesis of the concept of natural law in the approach taken by St. Isidore of Seville

Author(s): Bartosz Zalewski / Language(s): English Issue: 49 (3)/2024

The aim of this study is to discuss information on the origins of natural law (ius naturale) in Etymologiae (Etymologiarum sive Originarum libri XX) written by St. Isidore of Seville (d. 636). Such a choice of the subject matter seems reasonable mainly because research on Christian concepts of natural law as a rule places the study of St. Thomas Aquinas’s natural law theory as its focal point. Previous Christian concepts are only briefly touched upon. Meanwhile, they have immense historical significance that have determined the entire Christian reflection on the idea of natural law since as early as the 13th century. The research allows a conclusion that the definition of natural law constructed by St. Isidore of Seville, along with the examples presented in his Etymologiae, is an exceptional creation that has no clear archetype in juridical and non–juridical sources. It quite clearly presents elements taken from Ulpian. However, the very essence of natural law as a normative system, that connects all people (not people and animals) due to their “natural instinct” (instinctus naturae) and that is independent of the will of the positive legislator, remains under a marked influence of the Christian thought.

Postanowienie Sądu Okręgowego w Szczecinie z dnia 15 marca 2023 r. (III K 63/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Postanowienie Sądu Apelacyjnego w Szczecinie II Wydział Karny z dnia 18 kwietnia 2023 r. (II AKz 213/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Wyrok Wojewódzkiego Sądu Administracyjnego w Szczecinie z dnia 14 czerwca 2023 r. (I SA/Sz 134/23)

Author(s): Not Specified Author / Language(s): Polish Issue: 49 (3)/2024

Legal Consequences of Making and Changing Marriage Agreements Made After Marriage

Author(s): Diah Andari,Kurniawan Kurniawan,Any Suryani Hamzah / Language(s): English Issue: 11/2023

This research examines and analyses the legal consequences and protection for third parties from making and changing marriage agreements after marriage following Constitutional Court decision No 69/PUU-XIII/2015. The type of research used is normative, using statutory and conceptual approaches. The sources of legal materials used are primary, secondary, and tertiary legal materials. The analysis used is prescriptive. Based on the research results, we know that making and changing marriage agreements after marriage, following Constitutional Court decision No 69/PUU-XIII/2015, results in changes to the property status of the husband and wife, making them legal protection for third parties repressive because the identity and interests of third parties are not visible if there is no legal relationship between them and either one or the husband and wife.

The Role and Responsibilities of the Notary in Making a Deed of Post-Wedding Marriage Agreement: Study at the Mataram Regional Notary Office, Indonesia

Author(s): Shakilla Audi Setia Ayu,Djumardin Djumardin,Salim Salim / Language(s): English Issue: 11/2023

This research aims to analyze the mechanism for making marriage agreement deeds before and after marriage in the Mataram Region and explore the role and responsibilities of Notaries in making post-nuptial marriage agreement deeds. The research method used is an empirical normative legal research method. The approaches used are a statutory approach, a conceptual approach, and a sociological approach. The results of the research obtained by the author, first, are related to the mechanism for making pre- and post-nuptial marriage agreement deeds in the Mataram area, namely the process of making the first marriage agreement deed, namely making a marriage agreement deed before the date the marriage takes place by Article 147 of the Civil Code, register the marriage agreement deed with the District Court by Article 152 of the Civil Code, Ratify the marriage agreement deed by a marriage registration officer from the Population and Civil Registry Office by Article 29 § 1 of Law No 1 1974 concerning marriage. There is no significant difference regarding the preparation of marriage agreements before and after marriage. The following research results formulate the role and responsibilities of a Notary in making post-nuptial marriage agreement deeds based on Article 15 of the Answer Law. Notaries play a role in doing authentic deeds and providing counselling, especially regarding marriage agreements. The notary's responsibilities are stated explicitly in Article 65 of Law of the Republic of Indonesia No 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions.

Gruzińskie elity wobec stanowiska RFN w stosunku do Gruzji z 2023 roku

Author(s): Jan Brodowski / Language(s): Polish Issue: 40/2023

The main purpose of the article is to examine the opinions expressed by Georgian elites regarding the position of the Federal Republic of Germany towards Georgia in 2023. The text discusses the question to what extent the image created for the needs of the internal political game in Georgia corresponds to bilateral relations between the two countries. The re-evaluation of German Eastern policy in connection with the Russian-Ukrainian conflict influences Germany’s attitude towards Georgia. Georgia is at a special historical moment. The receding prospect of Georgia’s EU membership due to the rule of law and respect for civil liberties shortcomings affects also the perception of Germany in Caucasus. The future of Georgia and the shape of relations with the West, including Germany, will depend primarily on the behavior of Georgian elites, some of whom treat accession to the EU as an element of a political game.

UPOTREBA MEHANIZMA ‘’CHECKS AND BALANCES-A’’ U KOTORSKOM STATUTU (ŠTAMPAN 1616. GODINE U VENECIJI)

Author(s): Janko Paunović / Language(s): Montenegrine Issue: 2/2023

The aim of this article is to shed light on the decision-making process in early modern Kotor, based on an analysis of the Statute of Kotor (1616) and surviving notarial documents.

Начало и продължителност на давностния срок за периодични вземания (вноски) по договори за заем и за банков кредит (анализ на съдебната практика и поставеният за тълкуване въпрос по тълкувателно дело № 3 от 2023 г. на ВКС, ОСГТК

Author(s): Zahary Tormanov / Language(s): Bulgarian Issue: 1/2023

The article analyses the characteristics of periodic payments, in view of the application of the short three-years’ statute of limitations under Art. 111v Obligations and Contracts Act in relation to the obligations to return a loan or bank credit in repayment instalments. We concluded that when the return of the loan, respectively the bank credit, is arranged in instalments, they have the character of „other periodic payments“, in the sense of Art. 111c of the Obligations and Contracts Act and the three-years’ statute of limitations shall apply to them. On the question raised for interpretation regarding the starting point of the statute of limitations in the case of agreed repayment of the obligation of individual repayment instalments with different maturities, it is concluded that the statute of limitations begins to run from the maturity of each repayment instalment separately, and not from the subsequent demandability of entire debt.

Трудов договор с прекратително условие

Author(s): Atanas Vassilev / Language(s): Bulgarian Issue: 1/2023

The article is dedicated to an important topic in the field of Labor law with significant practical application - employment contracts with a resolutive condition, which the legislator mistakenly classifies as fixed-term employment contracts in Article 68, paragraph 1 of the Labor Code.

UBEZPIECZENIE ŚRODOWISKOWE JAKO TRANSFER RYZYKA W PRZYPADKU WYRZĄDZENIA SZKODY W ŚRODOWISKU

Author(s): Patryk Piątkowski / Language(s): Polish Issue: 1/2024

This article presents the issue of environmental insurance as a method of transferring the riskincurred by the perpetrator of environmental damage. The article discusses the basic elementsof environmental insurance based on standard products offered on the Polish market based onselected General Terms and Conditions of Insurance. The basic elements of the insurance contract described are: insured entities, the subject of insurance, scope of the insurance and thelimits of the insurer's liability in the form of the guaranteed sum. In the author's opinion, a discussion of environmental insurance would not be possible without preceding it with considerations regarding the basic legal acts introducing the regime of civil and administrative liabilityfor causing damage to the environment under the Act on the Prevention of Environmental Damage and its Remediation and the Environmental Protection Law Act