IMPERIUM TEKSTU. Prawo jako postulowanie i urzeczywistnianie świata możliwego

Author(s): Marcin Matczak / Language(s): Polish

Ta książka dowodzi, że o trudnych problemach można pisać w sposób jasny i komunikatywny. W połączeniu z rozległą wiedzą Autora, nie tylko teoretycznoprawną, ale również filozoficzną, oraz polemicznymi inklinacjami daje to pracę wielowątkową, i choć problemowo niełatwą, to jednak taką, którą z satysfakcją się czyta – która swoją dyskursywnością i oryginalnością formułowanych poglądów po prostu czytającego wciąga. Ponadto czytelnik ma przekonanie, że jest to praca ważna, poznawczo doniosła nie tylko z punktu widzenia osiągnięć polskiej teorii i filozofii prawa.z recenzji prof. Andrzeja BatoraPraca jest wyrazem i pochodną niezwykłej erudycji Autora, zarówno w wymiarze teorii języka, jak i teorii prawa. Fascynująca intelektualnie jest analityczna konfrontacja zjawiska ze sfery języka i zjawiska ze sfery rezultatu jego użycia. Podkreślić pragnę znaczenie koncepcji „imperium tekstu” dla istoty wykładni prawa. To jest – z mojej perspektywy jako byłego sędziego – ten rodzaj wywodu, który powinien być przedmiotem obowiązkowej lektury każdego adepta sztuki sądzenia. Także dlatego, że kolejny raz ukazuje – nie dla każdego oczywiste – znaczenie teorii prawa dla praktyki prawniczej.z recenzji prof. Mirosława WyrzykowskiegoMarcin Matczak jest profesorem Uniwersytetu Warszawskiego, zajmuje się teorią interpretacji prawniczej i problematyką stosowania prawa przez sądy. W najnowszej książce przedstawia koncepcję wykładni i stosowania prawa, zgodnie z którą prawo postuluje całościową wizję świata, a zadaniem prawnika jest jej pełna realizacja. Oznacza to, że prawidłowa wykładnia prawa nie może być formalistyczna, ale musi realizować całościowy cel prawa, uwzględniać zmiany, które zachodzą w naszej wiedzy o świecie i języku, a także oceniać praktyczne konsekwencje decyzji interpretacyjnej. W tej koncepcji wykładni prawnik nie jest jedynie „ustami ustawy”, ale pełni dużo ważniejszą rolę: we współpracy z prawodawcą tworzy rzeczywistość, w której chce żyć dane społeczeństwo.

Sędziowie o karze, karaniu i bezkarności. Socjologiczna analiza sędziowskiego wymiaru kary

Author(s): Jadwiga Królikowska / Language(s): Polish

The author presents the comprehensive state of knowledge, notions and opinions concerning punishment, punishing and impunity of Polish criminal division judges in district, regional and appeal courts. The sociological analysis of judicial sentencing is based on data gathered in questionnaires and in-depth interviews. The questions concerned the definition of punishment, determining the functions, aims, qualities and aspects of the punishment, the multidisciplinary penological knowledge of judges, the factors taken into account in administering punishment by judges, the mental and personal qualities needed in judicial profession, the opinions regarding too harsh or too lenient punishment as well as impunity as a sociological problem.

Powszechny system ochrony praw człowieka. Podsumowanie dekad

Author(s): / Language(s): Polish

The presented work discusses both achievements and future challenges in front of the UN Human Rights System, especially including the role of the United Nations organization in shaping and developing the system for protecting the rights of the individual. The publication constitutes an attempt at reflecting upon the treaty protection, in particular upon the internationally protected substratum of individual laws influenced by changing reality, and upon the efficiency of corresponding control mechanisms, in addition to the presentation of the Human Rights Council’s role. The paramount aim of the authors is to probe into the current state of human rights protection in its common scope along with its efficiency in the context of contemporary challenges and threats. The publication is addressed to all readers interested in the problematic of human rights protection.

Prawo podmiotowe w prawie pracy – a względem „kogo”?

Author(s): Anna Musiała / Language(s): Polish

The monograph presents an innovative approach to labour law. The author’s extremely brave and innovative undertaking on the grounds of Polish legal science aims to present the reality in a more appropriate way. She proposes to look at labour law from the perspective of subjective law, suggesting that this law should be described in terms of employees’ subjective rights, or more broadly, "working man", leaving a description of the law in the material sense understood as a set of orders and prohibitions. In the monograph, the author refers to the concept of subjective right in civil law, the concept of subjective right in public law, and concepts of this right presented within the framework of legal theory. Describing these issues is a titanic work, which leads the author to look at the problems from an extremely broad perspective - the entire legal system. She comes to the conclusion that the most appropriate concept for presenting labour law issues, also allowing the "ordering" other concepts of subjective rights, is the concept which places the state of things due to the subject of the law at the centre of such a right, i.e. a legally significant value or good. It is also a concept developed for the purposes of theoretical presentation of human rights (internationally and constitutionally protected).

Зборник радова"Кoнституционализација Босне и Херцеговине"

Author(s): / Language(s): Serbian

Republika Rzymska i Wielka Brytania – kilka uwag na temat konstytucji niepisanej

Author(s): Tomasz Tulejski,Tomasz Banach / Language(s): Polish

In the book, the Authors propose a new look at the subject of an unwritten constitution. Analyzing the historical examples of the Roman Republic and England (Great Britain), they indicate that the unwritten constitution is characterized by three features. First, it has the character of a historical constitution. This means that the main way to legitimize it is through ancient origins. Secondly, an unwritten constitution has a political nature - it derives from the practice of the political system. Constitutional changes are forced by the occurrence of a political or social crisis, or significant social changes that cannot be solved within the current constitutional status quo. Third, the consequence of the above mentioned features is the unique nature of the sources of an unwritten constitution, which consists of norms of various character, usually not having an ontologically uniform character.

Harmonisation of VAT in the European Union: Present and Future

Author(s): / Language(s): English

The monograph is intended to create a platform for discussion on the most important issues concerning the reform and future of the VAT system in the European Community. It will be a place for an effective exchange of reflections and experiences, including in terms of highlighting and presenting to international audiences Poland’s positive experiences with mechanisms, such as split payments, reverse charge and Binding Tariff Information. Conclusions resulting from the scientific discussion will certainly be able to be used not only in national VAT legislation, but also in the practice of tax administration facing the difficult task of maintaining the budgetary effectiveness of VAT as the main source of state taxrevenue

Зборник радова "Противрјечја савременог права" Том II

Author(s): / Language(s): English,Bulgarian,Russian,Serbian

Prawo publiczne i prywatne w dobie informatyzacji – ocena dotychczasowych rozwiązań i perspektywy na przyszłość

Author(s): Dominik Borek,Justyna Dudzińska,Beata Gocko,Olga Józefczyk,Paweł Śwital,Renata Kuśpiel,Mirosława Pytlewska,Katarzyna Tomiło-Nawrocka,Beata Zając-Dutkiewicz,Bożena Dąbkowska-Mastalerek,Magdalena Zawisza / Language(s): Polish

The subject of the monograph are considerations on the computerization of the state. The thesis indicate that the evolution of the information society resulted in changes in the functioning of public administration and courts. Implementation of IT solutions accelerates the handling of cases and increases the transparency of the state's operations. The monograph discusses ICT systems, public registers, electronic administrative and court procedures, as well as the postulate of the science and practice of law. The monograph consists of two chapters. The first one discusses issues related to the computerization of the state at the national and EU level. The authors considered the subject of personal data protection, computerization of public administration, as well as EU security information systems. The second chapter presents the electronicized court procedures. The authors have considered the computerization of the criminal trial, electronic land and mortgage register proceedings, electronic writ of payment proceedings, as well as the submission and delivery of pleadings in electronic form and the information system of administrative courts.

Зборник радова "Противрјечја савременог права" Том III

Author(s): / Language(s): English,Serbian,Italian

Zdolność sądowa i legitymacja skargowa w postępowaniu sądowoadministracyjnym

Author(s): Anna Górska / Language(s): Polish

This monograph is devoted to two interrelated constructions describing the subjective structure of administrative court proceedings, the application of which in practice encounters problems related to the shortcomings of the current legal status and divergent interpretation of legal provisions determining the shape of these constructions. Taking into account the position and function of legal provisions regulating the discussed issues, determining the model of access to the administrative court, the discrepancies revealed in the scientific discussion and jurisprudence require analysis within one research work, the purpose of which is to present contentious issues and propose solutions to the most controversial of them. The selection of legal systems as part of the description of the international standard of access to the administrative court was aimed at showing the diverse formulas for protecting categories of interest under the model of standing to bring a complaint, ranging from relatively narrower ones to the broadest, appropriate for the Portuguese legal system. The monograph contains analysis of the constitutional standard of access to the administrative court in the basic and extended dimensions, which made it possible to assess whether the well-established model of access to this court based on the narrowly understood interest in lodging a complaint requires redefinition. The scope of procedural claims of local government units and the instruments of seeking judicial protection at the disposal of local government units and their bodies were analyze while examining the consequences of the constitutional principle of judicial protection of the independence of local government units. The monograph presents situations of abusing the right to file a complaint to the administrative court and proposes actions sanctioning this phenomenon.

Wykładnia autentyczna w świetle nauki o wykładni prawa

Author(s): Sławomir Piekarczyk,Sławomir Tkacz / Language(s): Polish

The term “authentic interpretation” is usually understood as an interpretation with universally binding force made by the authority that established the given provision. As a rule, it is indicated that it has little impact on legal practice. Meanwhile, according to the authors, in practice, authentic interpretation has much more significance than what is usually associated with it. They point out that the concept of authentic interpretation is characterized by a high degree of ambiguity. Various legal constructs are characterized in terms of authentic interpretation. The monograph aims to organize the statements relating to the problem of authentic interpretation. The findings made are referred to legal practice. The importance of the issues raised allows the authors to formulate a general conclusion that the issues taken up in the monograph can be classified as key issues for the science of legal interpretation.

Administracja więzienna. Służba czy władza?

Author(s): Maria Niełaczna / Language(s): Polish

The author attempts to answer the question whether prison administration meets the standard of “good administration”, conducting the research on deepening the trust of the convicts, the use of discretion and its legitimacy by ensuring procedural justice. Referring to the results of research she describes the hidden life of the prison and its community: officers and convicts. She analyses the factors crucial for civilizing the prison and its administration. She also attempts to determine whether and how they contribute to the goal of imprisonment.

Интелектуалната собственост в издателския бизнес

Author(s): Maria Markova / Language(s): Bulgarian

The subject of consideration in the book “Intellectual property in the publishing business” is a disclosure of the publishing business as a creative industry and the publishing products like books, magazines and others as intellectual property objects. The consideration of these topics in the context of the interrelationship "publishing business - intellectual property" is based on a complex, historical and systematic approach, emphasizing the significant and useful concepts, interrelationships and decisions in the economic and legal aspects of international and Bulgarian business, author’s experience and up-to-date solutions.The modern publishing business, characterized by dynamism and digital nature, the modern printed book market, characterized by a variety of forms and saturation, the modern consumer, characterized by awareness and digit culture, function in a new business environment and with new requirements for the publishing business. The participants in the publishing business, the life cycle of the publishing business as a process and as products are changing. The publishing business is being modified, shortened, information about prices, quality and manufacturers is available through multiple communication channels. The publishing business is a creative industry, regardless of the participation of a number of technical and executive processes and personnel. It creates a result - a printed work, which is subject to the intellectual property rights that provides protection for creative products. The publishing business is a creative industry with participants, markets and users, classic and modern forms of realization; The publishing sector is one of the largest cultural industries in Europe, with a total market value estimated at €36-38 billion. The entire value chain (including authors, booksellers, printers, designers, etc.) is estimated to employ more than half a million people according to the 2018 European Federation of publishers report. With more than 500,000 titles published annually, the European book sector is extremely rich and diverse. The products of the publishing business are many and varied, each of them is a complex intellectual product with identifiable intellectual property in it. The products of the publishing business are artistic property as objects of protection according to the copyrights law with exclusieve rights of authors or other copyright holders with economic realization of their rights. The products of the publishing business in their individual elements may be object of protection as an industrial design, as trade mark or other objects of intellectual property. In parallel, other objects of intellectual property are also present in the publishing business: industrial design, trademark, know-how. The forms of economic realization of the products of the publishing business are many and different: through a publishing contract, licenses, sponsorship, patronage, advertising. Special attention is paid to the forms of academic, free and legal use of the products of the publishing business. Special attention also is paid on the following aspacts in the publishibg business: Copyright and related right holders in the publishing business, authors and co-authors, compilers and publishers, economic relations between creators, publishers, editors and employers; the publisher as a participant in the process of creation and realization of printed works, economic realization of publishing products as an intellectual product, publishing contract; free and legal use of the products of the publishing business, nature and characteristics compensation, nature and characteristics of contracts for the creation, prining and use of publishing products, free licenses and academic use - nature, terms and rights; international conventions, Directives and other regulations in the field of publishing business as main principles, content and scope of protection; piracy and plagiarism in the publishing business as an essence and factors, forms in the Internet and other market segments, countering piracy and plagiarism in the publishing business. The book is intended for academics – lecturers, researchers and students, for professionals in the field of intellectual property and publishing business - experts, consultants, enterpreneurs and for everyone interested in this issue.The subject of consideration in the book “Intellectual property in the publishing business” is a disclosure of the publishing business as a creative industry and the publishing products like books, magazines and others as intellectual property objects. The consideration of these topics in the context of the interrelationship "publishing business - intellectual property" is based on a complex, historical and systematic approach, emphasizing the significant and useful concepts, interrelationships and decisions in the economic and legal aspects of international and Bulgarian business, author’s experience and up-to-date solutions. The modern publishing business, characterized by dynamism and digital nature, the modern printed book market, characterized by a variety of forms and saturation, the modern consumer, characterized by awareness and digit culture, function in a new business environment and with new requirements for the publishing business. The participants in the publishing business, the life cycle of the publishing business as a process and as products are changing. The publishing business is being modified, shortened, information about prices, quality and manufacturers is available through multiple communication channels. The publishing business is a creative industry, regardless of the participation of a number of technical and executive processes and personnel. It creates a result - a printed work, which is subject to the intellectual property rights that provides protection for creative products. The publishing business is a creative industry with participants, markets and users, classic and modern forms of realization; The publishing sector is one of the largest cultural industries in Europe, with a total market value estimated at €36-38 billion. The entire value chain (including authors, booksellers, printers, designers, etc.) is estimated to employ more than half a million people according to the 2018 European Federation of publishers report. With more than 500,000 titles published annually, the European book sector is extremely rich and diverse. The products of the publishing business are many and varied, each of them is a complex intellectual product with identifiable intellectual property in it. The products of the publishing business are artistic property as objects of protection according to the copyrights law with exclusieve rights of authors or other copyright holders with economic realization of their rights. The products of the publishing business in their individual elements may be object of protection as an industrial design, as trade mark or other objects of intellectual property. In parallel, other objects of intellectual property are also present in the publishing business: industrial design, trademark, know-how. The forms of economic realization of the products of the publishing business are many and different: through a publishing contract, licenses, sponsorship, patronage, advertising. Special attention is paid to the forms of academic, free and legal use of the products of the publishing business. Special attention also is paid on the following aspacts in the publishibg business: copyright and related right holders in the publishing business, authors and co-authors, compilers and publishers, economic relations between creators, publishers, editors and employers; the publisher as a participant in the process of creation and realization of printed works, economic realization of publishing products as an intellectual product, publishing contract; free and legal use of the products of the publishing business, nature and characteristics compensation, nature and characteristics of contracts for the creation, prining and use of publishing products, free licenses and academic use - nature, terms and rights; international conventions, Directives and other regulations in the field of publishing business as main principles, content and scope of protection; piracy and plagiarism in the publishing business as an essence and factors, forms in the Internet and other market segments, countering piracy and plagiarism in the publishing business. The book is intended for academics – lecturers, researchers and students, for professionals in the field of intellectual property and publishing business - experts, consultants, enterpreneurs and for everyone interested in this issue.

The model of the public prosecutor's office in Poland in the interwar period against the backdrop of the solutions adopted in selected European countries

Author(s): Małgorzata Materniak-Pawłowska,Georg Jaster,Laura Andriamanjato,Marian Byszowiec,Vilém Knoll,Grzegorz Smyk / Language(s): English

The monograph describes the model of the system of the Polish public prosecutor's office in the interwar period, including its position in the system of justice system bodies and its place in the system of state bodies in general, as well as the legal basis of its functioning and the most important organizational principles. This model is presented against the backdrop of different European solutions from this period, namely the German, French, and Czechoslovakian ones. It is the first work in Polish to deal with this issue in a comprehensive and comparative manner in the history of Polish historical and legal bibliography.

Geneza, ustrój i orzecznictwo Naczelnego Sądu Administracyjnego do 1989 roku

Author(s): Michał Patryk Sadłowski / Language(s): Polish

This monograph is the first comprehensive attempt in Poland to present the origin and the Supreme Administrative Court until 1989. The author, using archive materials, reconstructed the course of events which, after the Second World War, led to the establishment of judicial review of administrative decisions in the People’s Republic of Poland. He showed the discussed processes against the background of the development of the system and the doctrine of socialist law in Poland, and described selected aspects of political history of the USSR and the so-called socialist bloc.

Zjawiska niepożądane w zatrudnieniu z perspektywy prawa pracy – wybrane zagadnienia

Author(s): / Language(s): Polish

The monograph 'Undesirable Phenomena in Employment from the Perspective of Labour Law - Selected Issues' has been prepared by students of the Faculty of Law and Administration of the University of Lodz - members of the Students' Scientific Circle of Labour Law operating at the Labour Law Department of the University of Lodz. The publication contains a collection of studies on undesirable phenomena in the work environment, in which the authors analyse legal solutions concerning, among others, mobbing or discrimination, drawing attention to their imperfection and formulating de lege ferenda postulates. The considerations are set not only on the grounds of Polish labour law, but also take into account international documents - including, in particular, the International Labour Organisation Convention No. 190 of 2019 on the Elimination of Violence and Harassment in the World of Work, around which lively scientific discussions have recently been taking place. The threat of the emergence of new undesirable phenomena in employment, which may be a consequence of, among other things, the development of modern technologies, has not escaped the authors' attention either. The preparation of the study by the youngest researchers of labour law, allows for a slightly different perspective on the perception of the issue in question, which may enliven the scientific discourse in this area.

Зборник радова"Право између стварања и тумачења" Том I

Author(s): / Language(s): English,Russian,Serbian

SOCIETAS ET SCIENTIA, ЗБОРНИК НА ОХРИДСКАТА ШКОЛА НА ПРИРОДНОТО ПРАВО 2018 ГОДИНА

Author(s): / Language(s): Macedonian

Intellectual Property Rights and Scientific Authorship: Legal and Ethical Considerations Case Study in Hard Sciences and Natural Sciences

Author(s): Anna Chorążewska,Adam Proń / Language(s): English

In the book, consisting of two parts, the issue of the protection of scholarly work from the perspective of law and research ethics is addressed. In the first part it is demonstrated that the catalogue of human rights includes the subjective right of creators of intangible goods, such as creators of science, to protect their moral and material interests relating to contribution to join research. The authors have reconstructed the content of that right based on the law and the codes of ethics for scientists. In the second part legal and ethical regulations are confronted with the reality of conducting research activities in hard and natural science from the perspective of teamwork and applying for the degrees and title awarded in the Polish higher education and science system.