Trust i inne stosunki powiernicze w prawie porównawczym i prawie prywatnym międzynarodowym

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

The book is dedicated to the Anglo-American notion of a trust, as well as to other fiduciary instruments which are used on the European continent and in Poland. Trusts, extensively employed in the legal practice of the common law systems, nowadays often interact with the legal territories of the countries where such devices are unknown. Moreover, Polish businesses and individuals encounter trusts and various trust-like devices when undertaking activities abroad. In such transnational situations, trusts present a basic difficulty for the authorities and legal practitioners relating to the determination of the applicable law. Using experiences from foreign literature and judicature, the author formulates propositions for solving practical conflict-oflaws problems occurring in cross-border trust situations. These propositions will assist courts, notaries and legal practitioners in dealing with trusts, being unknown in Polish legal system.The conflict-of-laws analysis is preceded by an extensive comparative study of the trusts and other fiduciary relationships. The investigation is carried out in three dimensions: historical, functional and structural. With a view of determining the conflictof-laws rules to be applied in trust-like situations, the author employs in particular the functional method, analysing the socio-economic goals of trusts and searching for their distinctive features, so in order to indicate the equivalent institutions known in the continental legal systems. The work encompasses a broad investigation into the practice of courts in various European countries dealing with the cross-border cases involving trusts. These experiences are then used in order to offer solutions under the Polish private international law.The book examines also the Hague Convention on the Law Applicable to Trusts and on their Recognition of 1985 and postulates that Poland should ratify the Convention.

Konstytucyjne podstawy ochrony praw człowieka

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

The work contains a survey of various problems associated with the protection of human rights in reference to constitutional norms. The extent to which human rights are respected continues to be a permanent criterion of the assessment of the extent to which democratic structures are solidified. Therefore the theme that is indicated is extremely important and relevant in the context of the social interest and the interest of individuals. The authors of the particular research works concentrated their attention upon both the problems representing public law (constitutional, penal, economic, financial law) as well as private (civil) law, and they discuss the specific normative regulations of general and system-related nature. The scholarly fascicle is devoted to researchers, the students of the department of law and administration and practicing lawyers: attorneys, attorneys-at-law, judges, prosecuting attorneys, notaries public.

ISLAM I LJUDSKA PRAVA (Komparativna analiza ljudskih prava u islamu i na Zapadu)

Author(s): Rouhollah Ghaderi Kangavari / Language(s): Bosnian

Teoretiziranje u humanim znanostima, pored pitanja metodologije, podrazumijeva i određenu ontološku i epistemološku pozadinu. Sve teorije međunarodnih odnosa, bilo da pripadaju pozitivistič- kom, kritičkom ili postpozitivističkom toku, počivaju na određenim specifičnim nad-teorijskim temeljima (ontološkim, epistemološkim i metodološkim). Pod nad-teorijskim ovdje podrazumijevamo teoriju o teoriji te filozofsko promišljanje o suštini, ulozi i uglovima teoretiziranja. Oni koji se bave nad-teorijom analiziraju s jednog višeg aspekta sve međusobno suprotstavljene teorije o određenom pitanju te nastoje uočiti na koji način te suprotstavljene teorije razumijevaju i prezentiraju pitanje kojim se čovjek bavi. Tako nam ontološka, epistemološka i metodološka pitanja pomažu da razumijemo razlike u mišljenjima tradicionalnih autora kad je riječ o njihovu definiranju ponašanja država i ostalih tokova u međunarodnim odnosima.

Transnational Judicial Dialogue on International Law in Central and Eastern Europe

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

This book is a result of a research undertaken under the direction of Professor Anna Wyrozumska by an international team of scholars from selected Central and Eastern European {CEE) States within the framework of the EUROCORES project 10-ECRP-028 International Law through the National Prism: the lmpact of Judicial Dialogue. The authors examine the approach that Polish as well as Czech, Hungarian, Lithuanian, Russian and Ukrainian courts take towards international law in the light of respective regulations governing its position in domestic legal systems. The investigation focuses on judicial dialogue emerging in this context. As the key concept of the book, the judicial dialogue is defined broadly, as a practice of using any kind of cross-references to reasoning and interpretation of law made by judges beyond a given legal system. The authors seek to understand whether, and, if so, under which circumstances and for which purposes the CEE courts enter into a dialogue with international or foreign domestic courts when international law comes into question. The ultimate objective of this study is to assess how judicial dialogue may contribute to the development of international law and, consequently, the strengthening of the rule of law. The volume contributes significantly to the mainstream academic discourse on interpretation and application of international law putting in the spotlight the CEE states’ experience.

The Key Issues of Polish Penal Law

Author(s): Krzysztof Indecki,Justyna Jurewicz / Language(s): English

Humanism is also reflected in the Penal Code provisions concerning sentencing. These provisions require sentencing courts to take into account the personal traits and circumstances of the offender, his mode of living prior to committing the act and his behaviour after the offence. At the same time, the court is obliged to take into account the purpose of punishment, both with regards to its social impact and its preventive and re-educational aims in respect of the convict (art. 53 of the Penal Code). Based upon the principle of humanism the Code gives ground to the system of justice to less severe treatment of the offender who is responsible for an accidental offence, the negligence offence or when it is reasonable expecting that the offender, treated less severely, will not commit a new offence in the nearest future. The legal instruments for less severe treatment of an accidental offender include for example conditional discontinuance of proceedings concerning the offence – first of all – it should not be socially damaging (arts. 66–68). The book gives a view on the principles of Polish penal law. It consists of two parts which are divided due to the topics: general and special part of penal law. The authors present the commentary to the main institutions of Polish Penal Code. They show the most important provisions in the background of the doctrine and jurisprudence. The book is addressed both to the foreigners and the Poles who needs to improve their English in law.

Ethics of Emerging Biotechnologies: From Educating the Young to Engineering Posthumans

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

Pastor Fritz Jahr used the term bioethics as early as 1927. It was not until the early 1970s that the term was rediscovered in the United States. Since then, the relevance of this emergent academic field of studies has permanently been growing, as the age of biotechnological and medical innovations has only just begun. Enormous progress can be expected in various areas relevant to bioethical discourses in the coming decades and centuries. In the past years, the invention of CRISPR/Cas9 has radically changed the possibilities concerning genetic modifications, even germline modifications have turned into a practical option. These developments need to be investigated by academics from various disciplines, which is the reason why the conference series on Bioethics in the New Age of Science was initialized. The present volume consists in selected papers from the first International Conference on Bioethics in the New Age of Science, which took place on the 4th and 5th of May 2017 at the “Vasile Goldis” West University of Arad, Romania.

Административно право – съвременни тенденции в правораздаването и доктрината. Сборник доклади

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

The book is published as a result of a National scientific round table "The Administrative law - contemporary tendencies in the justice and doctrine", which took place on 20 April 2018. The scientific forum was organized in operation of a Cooperation Agreement between the University of Economics - Varna and the Administrative Court Varna and a Cooperation Agreement between the University of Economics - Varna and the Institute for Legal Studies of the Bulgarian Academy of Sciences.

Politycy, dyplomaci i żołnierze. Studia i szkice z dziejów stosunków międzynarodowych w XX i XXI wieku ofiarowane Profesorowi Andrzejowi Maciejowi Brzezińskiemu w 70. rocznicę urodzin

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

This book is a set of works on different aspects of the international relations, from belle époque until modern times. It constitutes a comprehensive source for historians and those interested in the field.

Filozofia prawa Immanuela Kanta. Wprowadzenie

Author(s): Ewa Wyrębska-Ðermanović / Language(s): Polish

The author presents her clearly defined and valid in terms of content interpretation of the Immanuel Kant's philosophy, well-based on the source literature. It’s a synthetic piece of work on Kant’s approach, featuring the current state of discussion and controversial issues found in the foreign literature.

ЗАЩИТА СРЕЩУ ДИСКРИМИНАЦИЯТА: ПРАВНА УРЕДБА, ПРОБЛЕМИ И ТЕНДЕНЦИИ. Сборник доклади

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

The book is published as a result of the national scientific conference “Protection against discrimination: legal regulation, problems and tendencies”, which took place at 8 June 2018 in the University of Economics – Varna. The scientific forum was organized by “Legal sciences” Department of University of Economics – Varna in partnership with the Institute for Legal Studies - unit of the Bulgarian Academy of Sciences and the Commission for Protection against Discrimination. The Conference was organized in the frame of Activity 7 Organization of national and international scientific forums for distribution of the scientific production of doctoral, post-doctoral students and lecturers” of Project “Investments in the education of students, doctoral, post-doctoral students and lecturers – guarantee for better future”. The Project is finances by the "Intelligent Growth Science and Education" Operational Program, supported by the European Union through the European Structural and Investment Funds.

W stronę krytycznej filozofii orzekania. Polityczność, etyka, legitymizacja

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

This monograph is an attempt to problematise the phenomenon of adjudication in the perspective of critical legal theory. The author refers to the chief representatives of critical jurisprudence (including Duncan Kennedy, Costas Douzinas and Adam Gearey) in order to propose his own, original model which he dubs the critical philosophy of adjudication. Basing himself of the ontological, epistemological and methodological assumptions of critical theory, the auhor considers that two aspects are fundamental for a critique of adjudication: the political, understood, following Chantal Mouffe, as the fundamental and inalienable social antagonism, and ideology, which he understands along the lines of Slavoj Žižek. The author also critically engages with Artur Kozak’s ‘juriscentrism’, discussing inter alia the problem of the limits of lawyers’ discretionary power. Bringing the political and ideological aspects of adjudication to the daylight encourages to rethink judicial ethics which, according to the author, should be based on the pursuit of justice, understood not as a formula susceptible to codificaiton, but rather as the removal of any aspects of injustice (adikia), as well as an emancipatory activisim. Thus understood, the political ethics of adjudication is a proposal for critical rethinking of the social responsibility of judges and their links to the law, as well as as a suitable point of departure for discussing judicial legitimacy in a new perspective. Since judicial legitimacy cannot be based on the text of the law and should avoid seeking its basis in other institutional worlds, it seems that an appropriate foundation for it can be found in democratic participation, as well as an authentic pursuit of the ideal of justice.

ПРАВОТО И БИЗНЕСЪТ В СЪВРЕМЕННОТО ОБЩЕСТВО. Актуални правни предизвикателства в икономиката

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

The book is published as a result of a national scientific conference “Actual legal challenges in the economics”, which took place at 9 November 2018 in the University of Economics – Varna. The scientific forum was organized by the Legal sciences Department – project SPC – 223/2018, pursuant to contract for partial financing of scientific forum according to Regulation for the conditions and order of evaluation, planning, distribution and spending of funds from the state budget for financing of the inherent for the state higher schools scientific or artistic activity, promulgated State Gazette 73/16.09.2016, effective of 01.01.2017, adopted by decree of the Council of ministers No 233 /10.09.2016.

Postępowanie międzyinstancyjne w postępowaniu sądowoadministracyjnym

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

The fundamental task of Polish court administrative proceedings is to protect law and order along with subjective rights of the individual. Upholding these principles involves structuring the court administrative procedure in such a way that it shall guarantee the praxeology (efficiency) of litigation while respecting basic procedural rights of a defendant or claimant/plaintiff (the parties in a case). To name a few of these rights: the right to trial in a court of law, the right to appeal, and the principle of two instances in administrative court proceedings. In this day and age, the time duration is one of the measures in evaluating the efficiency in operation of administrative courts, and so the lawmaker constantly aims at improving it, simultaneously respecting other constitutional and procedural principles while preserving the essence of the court administrative procedure, which sometimes entails relying on foreign legal solutions. The subject of this monograph are complex issues pertaining to the inter-instance proceedings in the course of court administrative proceedings understood herein as a stage of the appeal proceedings; the said stage consists of a series of formalised, ordered, deliberate, and non-uniform actions taken by the court and the parties in a case, upon which the process of optimising praxeology of the appeal proceedings is buttressed. The extent of the investigated subject matter encompasses not only strictly procedural questions, but also systemic (that is, those related to two-instance character of the proceedings) and material ones (related to litigation laws derivative of constitutional regulations). A starting point for detailed considerations herein, are the two following notions: the instance and the principle of instances. Both the terms, despite their frequent interchangeable use, are not synonymous. The former is connected with organisationalsystemic issues (particularly: consecutive stages of proceedings) and functional ones (the scope of competence), whereas the latter is processual, since it constitutes a mechanism that allows the state to guarantee correctness and justice of the adjudications in court proceedings. Both the instance and the principle of instances may take two forms: vertical or horizontal. Presently, in accordance with the corresponding constitutional regulation, court administrative proceedings in Poland shall have at least two stages, that is, involve courts of at least two instances. However, this model of legal proceedings has been developed over an extensive period of time and, in the opinions of some of its proponents, has a revolutionary character. The principle of instances performs multiple functions that manifest the objectives of court administrative proceedings, which are both legal (including correctional, stimulating, precedent-setting, unifying legal interpretation, signalling-didactic, and instruction-related) and extra-legal. Multiplicity of court instances may, but does not necessarily have to, translate into prolonged proceedings time. Crucial in this respect seems to be the choice by the lawmaker of a model of appellate remedies. The inter-instance proceedings in the course of court administrative proceedings are a dependent procedure, particularly dependent upon filing with the court an ordinary devolutive appellate remedy: cassation appeal and complaint. In addition, it is a kind of proceedings with relatively narrow regulatory borders (Articles 173‒179 of the Law on Proceedings before Administrative Courts [LPA] and Articles 194‒196 LPA). The scope of actions taken during this stage of appellate proceedings is varied and, from the court’s perspective, includes: investigating the admissibility of a given appellate remedy, utilising self-control competences when there are premises provided by the law, rulings influencing the further course of appellate proceedings, giving decisions in incidental matters, and procedural-technical actions. In turn, from the perspective of the parties of a case, the actions taken may have direct or indirect influence on the course of proceedings. The former group of actions mostly serves to implement the postulate of praxeology in appellate court proceedings in the course of court administrative proceedings, and to relieve a court of second instance. Regulations pertaining to inter-instance proceedings in selected European states (Federal Republic of Germany, Austria, Czech Republic, Slovak Republic) point to the already shared legal solutions and, moreover, might be an inspiration for the Polish lawmaker within the scope of reform and amendments of the court administrative procedure in its part relating to interinstance proceedings in the course of court administrative proceedings, in order to make it more efficient. Based on comparative analysis, the contemporary Polish regulations seem to be relatively sufficient, yet require some minor changes.

Funkcje kontrolna i kreacyjna Sejmu w kształtowaniu polityki zagranicznej Rzeczypospolitej Polskiej w latach 1997-2004

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

The author addresses the issues of the Sejm performing scrutiny and formation functions in the process of shaping Polish foreign policy in the years 1997–2004, especially with regard to the involvement of the Sejm in achieving the two main political objectives formulated after the transformation of 1989: joining NATO and the European Union.

DOSTĘP DO PRAWA. UJĘCIE SOCJOLOGICZNE

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

Problematyka monografii dotyczy (...) kwestii kluczowych z punktu widzenia społeczeństwa oraz jakości jego instytucji. Kwestie dostępu do prawa były rzadko podejmowane przez polskich socjologów prawa, w odróżnieniu od socjologów ze Stanów Zjednoczonych i Europy Zachodniej, gdzie stanowiły one, i nadal stanowią, ważny przedmiot badań empirycznych i debaty teoretycznej, co z kolei stanowi impuls dla rozwoju socjologii prawa jako dziedziny nauki. Ponadto recenzowana monografia w sposób niezwykle obszerny i rzetelny przedstawia całość dorobku zagranicznego oraz polskiego i jest przykładem twórczej analizy tego dorobku, opartej na istotnych kompetencjach – teoretycznych i empirycznych – jej autora. Należy dodać, iż autor monografii jest jednocześnie autorem wspomnianych rzadkich badań oraz opracowań związanych z problemem dostępu do prawa.Z recenzji prof. dr hab. Grażyny Skąpskiej Temat dostępu do prawa nie został do tej pory wszechstronnie opracowany w rodzimej literaturze. Mamy rozproszone, wąskie studia, które najczęściej nie pokazują złożoności nie tylko samego zagadnienia, ale też dyskusji prowadzonych na ten temat w światowej nauce. Recenzowana pozycja wyróżnia się na tym tle jako próba całościowego ujęcia tematu. Już to powoduje, że praca Jana Winczorka niewątpliwie będzie stanowiła punkt wyjścia dla następnych prób naukowych podejmowanych w tej dziedzinie. Nie mam żadnych wątpliwości, że w polskiej literaturze naukowej podobnej pracy nie znajdziemy.Z recenzji dr. hab. Mateusza Stępnia Jan Winczorek, dr, jest prawnikiem i socjologiem, pracownikiem Wydziału Prawa i Administracji Uniwersytetu Warszawskiego, autorem kilkudziesięciu publikacji z zakresu teoretycznej i empirycznej socjologii prawa. Jego zainteresowania naukowe obejmują zagadnienia dostępu do prawa i funkcjonowania instytucji prawnych, teorii socjologicznej i teorii prawa. W tym obszarze był doradcą wielu polskich instytucji publicznych i prywatnych.

Gramatyka przepisu jako przesłanka decyzji interpretacyjnej

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

The work is devoted to the grammatical plane of the language of the legal acts and the role which it performs in the process of the interpretation of law. The first part of the book contains an introduction to linguistics for lawyers – a brief description of three great trends of 20th-century linguistics, i.e. structural linguistics, transformation-generative linguistics and cognitive linguistics, as well as a discussion of their influence upon jurisprudence. Then there is a description of the peculiar nature of the language of legal acts in the grammatical layer. The second part presents examples of grammatical problems which appear in adjudication, such as: the syntactic structure of a sentence, conjunctions, punctuation, declension categories and conjugation categories. The analysis employed almost two hundred rulings of Polish courts, as well as the Polish- and English-language subject literature. The third part constitutes conclusions drawn from research: a description of the argumentation which refers to the grammar of a regulation, interpretation- and editing-related guidelines, and an analysis of the problems under discussion from the perspective of a linguistic theory known as cognitive grammar. The merit of the work consists in three principal features. Firstly, it engages a problem which heretofore was underexplored in the (Polish and international) literature. Secondly, it skilfully utilises the output of linguistics, and in particular, cognitive linguistics – which heretofore was not tackled in jurisprudence. Thirdly, it was based on large-scale research of the body of rulings of the Polish courts, which also imparts a practical significance to it.

Socjologia prawa. Główne problemy i postacie

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

The first world encyclopaedic guidebook to the most important problems of the sociology of law. It contains nearly one hundred and fifty entries written by eminent Polish and foreign scholars. It is an excellent source of knowledge of the role and importance of law in social life. It sketches portraits of the most distinguished authors of legal sociology and presents their scientific achievements. It also discusses law subcultures, punitive justice, anthropology and atrophy of law, the destruction of norms, the iuridisation of social life, law nihilism, praxeology and feminist sociology of law.

Współczesne problemy prawa rolnego i żywnościowego

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

Regulacja sektora energetycznego w Unii Europejskiej oraz na Ukrainie. Cele i prawne środki regulacji sektora energetycznego

Author(s): Eryk Kosiński / Language(s): English,Polish,Ukrainian

This monograph is a unique, in-depth and comprehensive analysis of the laws that regulate the energy sector in Ukraine as they relate to energy sector regulation of the European Union. This work addresses the contemporary understanding of the concept of sectoral regulation and determines goals (values) and specific legal means (instruments) of regulatory intervention in both, Ukraine and the EU. The author starts with distinguishing the four basic goals of the regulation of the energy sector. The first goal is to implement and support broadly understood principles of economy. The second goal pertains to a broadly understood protection of the interests of consumers (household consumers, including vulnerable consumers) and their social welfare (social goals of regulations). The third goal is to guarantee energy security, and the fourth goal highlights environmental protection and climate action (pro-ecological objectives). The analysis uses the above concepts to assess the regulatory regimes for electricity and natural gas sectors in Ukraine and the EU. The findings indicate that the EU regulation of electricity and natural gas sector recognizes all the relevant regulatory goals. While legal measures (instruments) for the implementation of all important regulatory objectives have been introduced and legally guaranteed in Ukraine, the actual application and implementation of the laws leaves room for improvement.

Algorytm jako informacja publiczna w prawie europejskim

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

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.