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The aim of the article is to present the systemic foundations of the functioning of official statistics and the central bank. The research is based on the analysis of regulations outlined in the Official Statistics Act and relevant provisions of The Act on the National Bank of Poland. Both the conducting of statistical research and developing monetary and banking statistics, balance of payments and establishing an international investment position require a close collaboration between these two institutions, which also happen to be the largest data ‘reservoirs’ under the Polish legal system. A rational legislator acknowledges the necessity to coordinate the activity of the President of Statistics Poland and the President of the National Bank of Poland in the realm of statistical research. This collaboration is bilateral, based on clearly defined competences and other statutory tasks. It also allows the use of statistical data collected, stored and maintained by both institutions and the fulfillment of their constitutional obligations.
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Current employment relationships involve offering multiple benefits from employers, being known that extra wage benefits increase employee retention and help them to stay devoted. It should be taken into account, however, that the material resources made available by the employer to ensure that the relationship is as close as possible to the employees remain the property of the company, which gives the employer specific rights, separate from those derived from his prerogative to establish the organization of the work. The Article will consider an analysis of data processing processes collected by means of video surveillance and geolocation systems, followed by the identification of possible risks according to the hypotheses in which data operators may be found in practice, completed with examples of measures to ensure compliance.
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As a guarantee of the right to justice ofa person injured by an act of a public authority, administrative litigation is an extremely important institution in a democratic state. From a historical perspective, judicial control over public administrationin Romania, as an institution, has its origins in the early twentiethcentury, the first law that introduced the notion of administrative litigation in Romania was the Law of 1905 governing the organization and functioning of the Court of Cassation, or perhaps even earlier, in the law of 1864 whichestablished the Council of State. As a modern institution, which has its basis in article 52 and article 126 para. 6 of the Romanian Constitution and is currently regulated by Law no. 554/2004, administrative litigation can be defined as that activity which the administrative litigation courts undertake for the purpose of resolving, in accordance with the provisions of the organic law, disputes in which a public authority plays the role of one of the parties (at least), the conflict arising either as a consequence of the issuance /conclusion of an administrative act, understood in the sense assigned by the legislator, or as a result of the failure to resolve a request within the legal term or, depending on the situation, as a consequence of unjustified refusal to give a resolution of a request having as object a legitimate right / interest. In this article we analyzed the meanings of the notion of “judicial control over public administration acts”, its legal basis, its essence and characteristic feature
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Celem artykułu jest zbadanie wspomnień Józefa Kopcia z zesłania na Kamczatkę. Ważnymi zagadnieniami poruszonymi w artykule są aspekty historyczno-prawne oraz analiza losów pol-skich rewolucjonistów po Insurekcji Kościuszkowskiej oraz wspomnienia Kopcia rozumiane jako świadectwo podróżnika utrwalające obraz życia ludów dalekowschodniej Rosji. W swoich zapiskach przedstawił opis siedlisk Kamczadałów, wytwarzane przez nich dobra kultury mate-rialnej, zasady jakimi kierowali się w życiu codziennym. Na szczególną uwagę zasługują do-kładne opisy ich „gospodarki” czyli źródła utrzymania, zwyczaje religijne, w tym śluby, czy pochówki ponieważ stanowią zdaniem autora unikatową relację Europejczyka dotyczącą ludów które zatraciły swój charakter i stanowią dziś integralną część społeczeństwa Rosyjskiego. W głównej części swojej pracy autor opisuje sposób w jaki Kamczadałowie się utrzymywali. Część swoich dochodów czerpali z handlu z rosyjskim handlarzami, którzy szczególnie byli zaintere-sowani futrami i kłami wilków morskich. Podstawą utrzymania Kamczadałów była jednak go-spodarka łowiecko-zbieracka. Świadectwo Józefa Kopcia stanowi niezwykle ważne źródło hi-storyczne, które w polskiej historiografii należy uznać za ewenement. Opis Kamczadałów i ich życia wydaje się być obiektywny i stosunkowo dokładny. Artykuł może stanowić punkt wyjścia do prowadzenia dalszych badań losów zesłańców na początku rozbiorów oraz porównania ich niedoli po powstaniu styczniowym i pod koniec XIX wieku.
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Two bodies of rules govern International relations (IR), international public law and international private law (IPL). Each country has its own IPL appointing which legal order the national courts should apply in disputes involving more than one state. Consequently, recognition and enforcement of judgments and awards are subject to an international co-operation and ruled by different international conventions with different geographical scope. This important harmonisation, facilitating international cooperation on a daily basis, is rather ignored within the academic disciplines of IR, Peace and Conflict Studies, Euro-integration as well as other related fields. This article contributes to filling this relative neglect. More specifically, the article compares some aspects of the recognition and enforcement of judgments under the Brussels I Regulation (44/2001) with the recognition and enforcement of arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award (1958). The article argues that it might be a good idea to collect the legislation of the two conventions into a new, single convention, dealing with judgments and award simultaneously.
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Considering the fact that the profession of the enforcement officer has an increasingly efficient role both in securing and realizing creditors’ claims, which was significantly contributed by the introduction of the system of the enforcement officers as independent, non-state entities in a large number of legal systems (the so-called out of the court enforcement officers), the author analyzes the Belarusian model according to which the profession of the enforcement officer is still a part of the apparatus of the state power and its basic features. In some places, the author will make a comparison with the current position of enforcement officers in Republic of Serbia, and present a conclusion on the efficiency of both models.
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The article makes a historical incursion during the Middle Ages, following the development of the institution of self-defense during this period. Several aspects are highlighted, such as: regulatory differences from one state to another - with laws that allow, or prohibit, self-defense, the importance of Roman law and the development of original rules based on barbaric customs, the influence of Christian religious norms and canon law.
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The paper deals with the parental misdemeanor responsibility according to the Law on Education System Foundations, in terms of substance and procedure. The author will discuss the basic principles of misdemeanor responsibility of natural persons and analyze the characteristics of misdemeanors from Articles 194 and 195 of the Law. Parental misdemeanor responsibility has been examined from two aspects: as an immediate responsibility and responsibility for the actions of another person. The author has analyzed a number of controversial issues and pointed out that the legislator introduced the objective responsibility of parents for certain misdemeanors, which violates the basic principles of the misdemeanor law. In the conclusion, the author states that the issue of parents’ responsibility should have been approached with more legal expertise and ethical considerations.
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The testimony of the defendant is given great attention since the defendant, as a rule, knows best if and how they committed the offence that they are charged with. Therefore, their testimony is one of the most significant forms of evidence, while obtaining the testimony is a complex action in the criminal proceedings context, as well as in the psychological sense. In light of the significance of the subject matter, and its complexity, and in order to provide a precise and scientifically relevant review of the topic, the paper will examine the three important constitutive elements included in the hearing of the defendant as a form of evidence, namely: 1) the notion of the defendant; 2) the notion of the hearing, the essence of which is to obtain the testimony of the defendant; and 3) the testimony that arises as a result of the hearing.
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In 19th-century Europe, new insights and new demands placed upon the state caused significant changes in the understanding of punishments and penalisations. Retributive justice, which is based on pure retaliation for the offence without any other purpose, was replaced by utilitarianism. The understanding that punishment should be executed for a specific purpose and primarily to protect society, serving as a deterrence, had become the basis of the contemporary approach to punishments and penalisations. The reception of these ideas and their transforming into practical solutions was neither easy, fast, or gradual. #e cultures of the 19th century Europe were far from uniform, neither in the economic nor in the spiritual and cultural sense. These principles continued to gain ground throughout the 19th-century Europe, eventually becoming universally accepted today.
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In 2020, both the American Consumer Financial Protection Bureau (CFPB) and the Polish Financial Ombudsman faced the possibility of abolishment. Due to the discrepancies in the case law of lower-level federal courts, regarding the compliance of the CFPB structure with the principle of separation of powers resulting from Art. 2 of the Constitution, the issue was resolved by the Supreme Court. This ruling should eliminate the doubts raised for many years by entities related to the financial market, seeking to eliminate actions aimed at strengthening the position of consumers in relation to such entitiesOn the other hand, Polish clients of financial market entities may not be able to obtain assis- tance from an independent and specialized entity – the Financial Ombudsman. His competences are to be taken over by the President of the Office of Competition and Consumer Protection, dealing mainly with competition protection and protection of collective consumer interests. Despite the objections of scientists, experts and various organizations, and despite a number of serious objections to the es- sence of the change in the consumer protection system as well as to specific solutions or omissions on the part of the drafters, the draft act abolishing the office of the Financial Ombudsman was approved by the Council of Ministers.
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The purpose of this article is to assess how the legal status of a sole proprietor affects the possibility of using instruments of protection against unfair contract terms in a situation where insurance contract is directly or indirectly related to another contract for financial services – e.g. bank loan agreement.The author compares Article 385(5) of the Civil Code (entered into force on January 1, 2021) with the previously applicable – and unrevised – Article 805 par. 4 of the Civil Code in the context of the speci- ficity of bancassurance sector.The amendment of the Civil Code widens the scope of protection against unfair contract terms to sole proprietors. The author tries to answer the question of how – or if at all – this amendment cor- responds to the current legal system and leads to the standardization of the legal situation of clients on the financial market, which has been postulated for years.Key words: bancassurance, consumer protection in contracts for financial services, protection of en- trepreneurs against unfair contract terms, abusive contract clauses, cross-selling of financial services.
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The article considers the possibility of a concurrence of insurers’ liability resulting from the compulsory motor vehicle insurance and the compulsory third party liability insurance of farmers. The conducted analysis leads to the conclusion that such concurrence may occur in case of damage caused by tractor working on a farm. This legal situation is unfavorable for policyholders who have to pay double in- surance premium for covering the same risk. Therefore, the article proposes law changes with the aim of precisely delimiting the liability of insurers under the discussed insurances.
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The purpose of this article is to comment on the Supreme Court resolution dated 11th September 2020, case no. III CZP 90/19. According to the commented resolution of the Supreme Court, compensation under the motor third party liability insurance, to which the lessee is entitled in connection with incur- ring expenses for repairing a damaged leased vehicle, includes the amount of VAT to the extent that he cannot reduce the tax due on it by the amount of tax paid. In the author’s opinion such a decision should be criticised.
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The issue of VAT in compensations paid by insurance companies has been a subject of fairly large number of court decisions and certain scientific studies. The Supreme Court also adopted a position in this respect, assuming that the compensation due from compulsory civil liability insurance of motor vehicle owners, due to the lessee in connection with the expenses incurred for the repair of a damaged leased vehicle, includes the amount of tax on goods and services in the scope of in which he cannot reduce the tax due on him by the amount of tax paid. The purpose of this gloss is an attempt at a criti- cal analysis of the Supreme Court’s decision.
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The hereby commentary is an attempt of analysis of limitations of liability in connection with judgment of Supreme Court of 22.10.2019 (I NSNZP 2/19). It should also be noted that it is problematic to delimit circle of people, who in principle could be entitled to compensation. Consequently, it may be difficult to appoint liability, when victim – after accident – is alive, but he/she has serious damage on his/her health. The Supreme Court assumed that closest family members aren’t entitled to claim damages for mental harm in case of infringement of family ties due to a direct injury to the victim. In opinion of the Supreme Court, a family relationship cannot be qualified as a personal interest because of its interpersonal nature. The Polish Civil Code contains exemplary catalogue (article 23rd) and means of protection (article 24th) but it doesn’t mean that subjective family bonds will be protect. Finally, dis- satisfaction with family life doesn’t justify granting damages for non-pecuniary loss. What is more, judg- ment of Supreme Court of 22.10.2019 is incompatible with judgment of Supreme Court of 27.03.2018.
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One of the most significant current discussions in Polish legal doctrine is how actions of executive powers, especially supervisory measures can affect judicial independence. It is related to basic constitutional and administrative law issues, including the separation of powers, the independence and the impartiality of the judiciary, the independence of the courts, the supervision and control, the efficiency and effectiveness of judicial protection. The analysis focuses on the dependence between the model of administrative supervision adopted in administrative justice and the efficiency of the courts, as well as their perception by the public. The study will examine supervisory measures aimed at ensuring the efficient functioning of the courts. The effectiveness of judicial review of administrative justice is essential for the protection of individuals' rights and the functioning of the state authorities in both the social and the economic sphere. From an extrajudicial point of view its significance is reflected in the influence on the judiciary, which will not only be effective in its procedural activity, but also in the level of trust and social prestige. It holds that the three arms of the state – the executive, the judiciary and the legislature – should, to a greater or lesser extent, be kept separate. That way, they are able to hold one another to account. This theory about the separation of state power went on to have a formative effect on the development of modern-day democracies. And it’s this vision of the tripartite separation of state power that is essential to the EU’s argument against the Polish reforms of the judiciary. The problem of supervision over administrative courts is also connected with external and internal independence of the judiciary. External independence refers to freedom from undue outside pressure, while internal independence protects individual judges from undue pressure from within the system. “Undue internal pressure” sometimes comes from court presidents and may take different forms: even where individual judges are not formally subordinate to court presidents or other authorities and may be result of attribution of workload, allocation of resources and benefits, disciplinary powers, powers of transfer and secondment, distribution of cases, etc. The aim of this paper is to examine the problem of supervision over administrative courts in legal system of Poland. The article focuses on the dependence between the model of administrative supervision and the efficiency of the courts.
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