International legal regulation of electronic document circulation

Author(s): Saule KUSHYBEK / Language(s): English Issue: 10/2021

Electronic documents are a type of document that exists only in digital form. These electronic documents are the information product of the latest electronic information technologies such as Internet technologies, WWW technologies, multimedia. Electronic document circulation is known as a system of electronic document management, the relations between the participants of which are regulated by national law and other regulatory legal acts. On the basis of international legislation and legislation of foreign countries, the analysis of the essence and content of electronic document circulation is carried out, the legal relations that make up this concept are defined, the concepts and use of electronic documents and electronic signatures are studied. The unification of rules on electronic documents and their use in contractual relations are the cause of economic and legal issues. The article examines and conducts a comparative analysis of the features and effectiveness of the laws of United Nations Commission on International Trade Law (UNCITRAL), the directives of the European Union and the Convention laws in the emergence of electronic document management.

Forms of Legal Responsibility of Politicians and Officials of the Executive and Administrative Authority in Bosnia and Herzegovina De Lege Lata and De Lege Ferenda

Author(s): Fuad Purišević,Armin Kržalić / Language(s): English Issue: 53/2023

The question of responsibility in general, and in particular forms of legal responsibility was, is and will be an actual problem of any social system. The social system is as stable and progressive as the principles and norms of responsible behavior are respected and implemented. Responsible behavior cannot be achieved by declarations and proclamations of norms, but rather, represents a permanent activity on the effectuation of legal norms by the administrative authority in the environment of a stable and progressive policy determined by the executive authority. In this way, responsible action is advocated and favored, as well as awareness of the inevitability of responsible work. Otherwise, sanctions will follow, which are the consequences of not complying with legal norms. The paper analyzes the legal and political responsibility of personnel in the narrower and broader sense, as well as all other forms of legal responsibility of politicians (criminal, civil, misdemeanor, and disciplinary). The legal and political responsibility of politicians is a consequence of the violation of the legal norm/s. Those legal norms explicitly instruct politicians to perform their duties in a certain way and according to a certain procedure. Hence the determination to objectively analyze the forms of legal responsibility of politicians and officials of the executive and administrative authorities in Bosnia and Herzegovina through a descriptive method. The results of the analysis indicate that the political responsibility of officials in our country is de facto extralegal, and therefore not regulated by legal norms. This practically means that the political responsibility of officials in Bosnia and Herzegovina is completely outside the sphere of law, which is nonsense.

Oblici pravne odgovornosti političkih funkcionera i službenika izvršne i upravne vlasti u Bosni I Hercegovini de lege lata i de lege ferenda

Author(s): Fuad Purišević,Armin Kržalić / Language(s): Bosnian Issue: 53/2023

Pitanje odgovornosti općenito, a posebno oblika pravne odgvornosti, bilo je, jeste i biće aktuelan problem bilo kog društvenog sistema. Društveni sistem je zapravo onoliko stabilan i progresivan, koliko se poštuju i ostvaruju principi i norme odgovornog ponašanja. Odgovorno ponašanje se ne može postići dekleracijama i proklamiranjem normi, već to predstavlja permanentnu aktivnost na efektuiranju pravnih normi od strane upravne vlasti u ambijentu stabilne i progresivne politike koju utvrđuje izvršna vlast. Na ovaj način se zagovara i favorizira odgovorno djelovanje, te svijest o neminovnosti odgovornog rada. U protivnom, slijede sankcije koje su posljedice nepoštivanja pravnih normi. Rad analizira pravno političku odgovornost kadrova u užem i širem smislu, kao i sve druge oblike pravne odgovornosti političkih funkcionera (krivičnu, građansku, prekršajnu i disciplinsku). Pravna politička odgovornost političkih funkcionera je posljedica povrede pravne norme/i. Te pravne norme političkim funkcionerima eksplicitno nalažu izvršavanje njihovih poslova na određeni način i po određenom postupku. Otud i opredjeljenje da na objektivnoj ravni, putem deskriptivne metode analiziramo oblike pravne odgovornosti političkih funkcionera i službenika izvršne i upravne vlasti u Bosni i Hercegovini. Rezultati analize ukazuju da je politička odgovornost funkcionera u našoj zemlji de facto vanpravna, pa zbog toga i nije regulisana pravnim normama. To praktično znači da je politička odgovornost funkcionera u Bosni i Hercegovini u potpunosti izvan sfere prava, što je nonsens.

Sesiunea anuală de comunicări științifice „Dreptul și societatea în tranziție” (20 aprilie 2023, București)

Author(s): Radu Stancu / Language(s): Romanian Issue: 2/2023

Pe data de 20 aprilie 2023 au avut loc la sediul Institutului de Cercetări Juridice „Acad. Andrei Rădulescu” („ICJ”) al Academiei Române – Casa Academiei Române din București, sesiunea anuală de comunicări științifice.

Pomoc adwokatów Ukraińcom przybywającym do Polski

Author(s): Anastasiia Kovalchuk / Language(s): Polish Issue: 32/2023

The author aims to present the possibilities of helping Ukrainian citizens from the practical side, as based on author’s own professional experience. To that effect, the paper considers various legal issues faced daily by Ukrainians who came to Poland after the outbreak of the war in Ukraine. The purpose of the article is also to study the changes in Polish legislation that were introduced to simplify the possibility of regulating the legal situation of Ukrainian citizens residing in Poland. The work touches upon the issue of legalizing the stay of Ukrainians on the territory of the Republic of Poland, the care and guardianship of minor children coming from Ukraine, the transfer of economic activity from Ukraine to Poland, as well as the issue of marriage conclusion by Ukrainians in Poland.

Zapis windykacyjny przedsiębiorstwa w spadku albo udziału w przedsiębiorstwie w spadku

Author(s): PAWEŁ WIDERSKI / Language(s): Polish Issue: 1/2023

The present article discusses the problem of the enterprise in the inheritance as a subject of the specific bequest. Its aim was to defend the thesis according to which it is legally permissible to make the enterprise in the inheritance or the share in the enterprise in the inheritance the subject of the specific bequest. The article uses the logical-linguistic method and also the argumentative method (legal topic). The analysis conducted in the article shows that the subject of the specific bequest can be the enterprise in the inheritance or the share in the enterprise in the inheritance, for which an extensive argumentation has been presented.

Artykuł recenzyjny (polemiczny) książki pod red. M. Nowaka pt. Rola prawa w systemie gospodarki przestrzennej

Author(s): Marta Woźniak / Language(s): Polish Issue: 2/2023

The article of a review character undertakes a polemic with the authors of the book edited by M. Nowak entitled The Role of the Law in the Spatial Management System on spatial planning and development presented from the perspective of the law. The authors undertook to present the role of law in the spatial management system, but they did so taking into account the fact that in spatial planning, apart from lawyers, there are also such participants as urban planners, city and landscape architects, officials and the public. In the book there are not only material legal accents embedded in the themes of environment, cultural landscape and monuments, but also procedural threads. There are issues of a general nature, concerning the role and interpretation of the law, interdisciplinary issues, reaching into other sciences (economics, urban planning), specific issues (fee) and issues of a changing and dynamic nature (COVID-19 and spatial policy). The work strongly emphasises the axiological dimension with references to phrases such as public interest or common good. In good conscience, I recommend reading the book to all those interested in ‘planning law’ in the broadest sense of the term, and to those who prefer the intersection of legal and non-legal sciences. The book will also appeal to the academic community and the legal profession.

Inkongruencja polskiego ustawodawstwa z prawem europejskim w świetle najnowszego orzecznictwa TSUE, SN i TK

Author(s): Wiktor Żochowski / Language(s): Polish Issue: 42 (1)/2023

This study talks about a collision between Polish legislation and European law by analysing the latest case law of the Polish Supreme Court, the Court of Justice of the European Union and the Polish Constitutional Tribunal. The aim of this study is to investigate the consequences of conflicting judgments, both from the current perspective and in view of the future. This discussion constitutes a basis for reflecting whether the correct exercise of the right to a fair trial may be considered in the case of a contradiction between two legal orders applicable to a citizen. The author analyses this subject matter against judgments of European tribunals and Polish courts, using the available literature and commentaries and investigating the law in force. The methodology of the work consisting in confronting judgments that present divergent positions with the simultaneous presentation of scholarly opinions will allow the author to scrutinize the impact of the presented facts on the correct exercise of the right to a fair trial.

Umowa koncesji na roboty budowlane lub usługi — pomiędzy umową cywilnoprawną a publicznoprawną

Author(s): Krzysztof Horubski / Language(s): Polish Issue: 334/2022

The article discusses the legal nature of concession contracts for works or services. It draws attention to the fact that such contracts can be simultaneously described as both civil law and public law contracts, assuming that appropriate provisions are applied and the right basis is determined — a normative one or that of the science of administrative law and public economic law. These conclusions are justified by the fact of the interpenetration and mutual interaction, in the legal regulation of concession contracts, of the dominant principles of public law (equal treatment, order to protect competition) and the principles of private law (limited, but not excluded freedom of contract).

Przegląd orzecznictwa Sądu

Author(s): Kacper Milkowski / Language(s): Polish Issue: 2/2023

The resolution of the panel of seven judges of the Polish Supreme Court of June 21, 2023 (case file no. III CZP 94/22) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that Article 2 of the Act of July 6, 2001 on preserving the national character of the country’s strategic natural resources does not exclude the possibility of usucaption of real estate constituting a state forest. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of June 14, 2023 (case file no. III CZP 84/22). As indicated by the Supreme Court, declaring the debtor’s bankruptcy does not cause the creditor’s loss of legitimacy to bring an action to declare the debtor’s legal act ineffective under Art. 527 of the Civil Code.

Realizacja postanowień Konstytucji Rzeczypospolitej Polskiej z dnia 17 marca 1921 roku w zakresie wymiaru sprawiedliwości

Author(s): Robert Jastrzębski / Language(s): Polish Issue: 2/2023

The article – divided into four sections – is centered around the implementation of the provisions of the Constitution of the Republic of Poland of 17 March 1921 in the area of the administration of justice. The first section discusses the work on a draft constitution carried out between 1917 and 1921, with particular focus on the judiciary. The second analyses the content of the provisions of the Constitution referring to the administration of justice. The third deals with the judicature. In this section, the author discusses the organisation and work of, among others: the State Tribunal, the Supreme Administrative Tribunal, the Competence Tribunal, and courts of common pleas, paying particular attention to the unimplemented norms of the Constitution – mainly the failure to establish administrative courts of different instances with the participation of citizens, and the absence of citizens serving as justices of the peace or jurors. Two issues played important roles in the implementation of constitutional norms regarding the administration of justice. The first was the political situation in Poland after the 1926 May Coup. The second was the amendments to the Constitution introduced in connection with the entry into force of the 1926 “August Amendment”, that gave the President of the Republic of Poland the power to promulgate ordinances having the legal effect of legislative acts. This allowed the Polish government of that time to carry out, to a great extent, a standardisation of the courts of common pleas, which was accomplished by promulgation of the Ordinance of the President of the Republic of Poland of 6 February 1928 – the Act on the Organisation of Courts of Common Pleas. Additionally, between 1929 and 1932 the government embarked on an extensive program of dismissing existing judges and appointing new ones. Importantly, this was accompanied by a change in the line of jurisprudence of the Supreme Court and the Supreme Administrative Tribunal, according to which courts lost their authority to examine the constitutionality of ordinances promulgated by the President of the Republic of Poland. In the final section of the article – the summary – the author notes that the implementation of the norms of the Constitution concerning the administration of justice was, to a great extent, non-existent, given the political situation after the May Coup. It further points out that the same was also true in the period between 1944 and 1952, during which the basic principles of the Constitution of 17 March 1921 applied.

Органы местного самоуправления в системе публичной власти: опыт Польши и России

Author(s): Viktor A. KOZBANENKO / Language(s): Russian Issue: 333/2021

The article deals with several aspects of the organization and activities of local government authorities in the system of public authorities. The basic concepts of local government theories, which influenced the formation of legislation on local government authorities in Poland and Russia, are discussed. Polish and Russian practical experiences regarding the legal forms of public law entities in the field of state and municipal administration are presented in a comparative manner, taking into consideration Tadeusz Bigo’s scientific views. The article presents the constitutional amendments on the unity of the system of public authorities, introduced into the Russian Constitution recently. On the basis of comparative analogies regarding organization and interactions between the state and municipal levels of public authority in Poland and Russia, the most significant directions and forms of their legal regulation are outlined.

Gospodarka o obiegu zamkniętym i przeobrażenia prawa o odpadach Unii Europejskiej

Author(s): Karolina Karpus / Language(s): Polish Issue: 1/2023

European Green Deal and the 8th EAP accelerated transformation of socio-economic life towards Circular Economy. Waste management may serve as an example illustrating this progression. The transfigurations of EU waste law, motivated by it, are designed in the light of the concept of Extended Producer Responsibility. The aim of the article is to use waste management as a case study of the legal aspects of integrated environmental approach applied in that regard. After enactment of the EGD and the new Circular Economy Action Plan, these aspects can already be identified.

Rola kryminalistyki w zwalczaniu szkodnictwa leśnego

Author(s): Sylwia Zadworna / Language(s): Polish Issue: 1/2023

In the presented study, the author raised the issue of forensic science in revealing and securing traces left at the scene of the commission of forest damage. She characterizes both the essence of forest damage, its types and statistics of these acts in recent years, and a forensic examination of traces at the scene of the incident, along with a description of those most often performed at such acts. Considerations in this regard included forensic trace research in the fields of traseology, mechanoscopy and osmology.

Prawo instrumentalne czy zinstrumentalizowane – kilka uwag o prawie III Rzeszy

Author(s): Agata Dąbrowska / Language(s): Polish Issue: 43 (2)/2023

Law fulfils a regulatory function in social life. This is related to its instrumental nature. The exploitation of this potential assumes the form of instrumentalisation of the law. This phenomenon can take place both in the process of law-making, as well as its interpretation and application. Both positive and reprehensible forms of law instrumentalisation can be discerned. The purpose of this paper is to characterise the difference between the instrumental character of law and its instrumentalisation on the example of the law of the Third Reich. To this end, an analysis of the concepts of instrumentalisation of law, its instrumental character as well as its instrumental use will be carried out. This will allow for determining the boundaries between them and to relate them to the selected, specific law institutions of the Third Reich. In addition, the historical and legal background of the functioning of the indicated legal solutions will be presented. This will allow to determine the aforementioned differences between the analysed activities on the basis of examples from the practice of establishing, interpreting and applying law in history.

Legal Protection of Concession Contracts – at the Interface between Public and Private Law and European and National Law

Author(s): Katja Štemberger / Language(s): English Issue: 1/2023

This scientific paper discusses the legal protection of concession contracts in Slovene law. The main objective is to identify the problems caused by the current regime and to propose some solutions. To achieve this aim, it relies in particular on the comparative and dogmatic research method. The author notes that the legal protection depends on the type and value of the concession: for concessions falling within the scope of Directive 2014/23/EU it is provided in accordance with the rules of the EU directives on legal protection, while other concessions are subject to the rules of national law. Legal protection also varies depending on whether the dispute falls under administrative or civil law: public-law disputes are usually decided by administrative courts and civil-law disputes by ordinary courts. Such a regime may interfere with the right to effective judicial protection, as there is often no clear dividing line between public and private law protection. This can lead to delegation of cases between different authorities and a prolonged decision-making process. The author therefore considers that all disputes relating to concession contracts should be decided by one court – the Administrative Court. In addition, it is necessary to establish mechanisms to ensure effective protection of non-selected tenders, as the current regime does not provide for such protection. The novelty of the presented research lies in the fact that no scientific papers deal with the covered issues published so far. The author believes that the paper has a cognitive value for both science and practice.

The integrity incident such as incompatibility of certain categories of public office with the status of individual trader - controversial issues in finding and sanctioning (II)

Author(s): Lavinia Elena Stuparu / Language(s): English Issue: 76/2022

In the matter of incompatibilities assessed and, as the case may be, sanctioned by the National Integrity Agency, the integrity incident generated by the incompatibility of certain categories of public functions with the status of individual trader requires a series of observations. The entry into force of the current Romanian Civil Code, and then of the amendments to the text of the GEO no. 44/2008 through the norms of Law no. 182/2016, impose a conceptual analysis and a nuance of the situations of incompatibilities within the sphere of competence of the National Integrated Agency. The discussions concern the evolution of the concept of individual trader and its implications in the identification of situations of incompatibility sanctionable according to the law.

The 2003 draft Agreement between the Holy See and Georgia and future prospects for cooperation

Author(s): Dimitry Gegenava / Language(s): English Issue: 26/2023

In 2002, Georgia and the Georgian Apostolic Autocephalic Orthodox Church signed the Constitutional Agreement, which established a new legal model of the state–church relationship. After this event, Georgia and the Holy See drafted a special agreement that was supposed to be signed in September 2003. It was intended to give legal guarantees to the Catholic Church and Catholic believers. Vatican Secretary for Relations with States Jean-Louis Pierre Tauran arrived in Georgia on 18 September to sign the agreement, but at the last minute, the president of Georgia decided not to finalise the process. This draft was not known to society, and even researchers did not have access to the text. This article overviews that document and tries to analyse the perspectives of a future agreement between Georgia and the Holy See.

Prawne aspekty struktury ustrojowej i działań operacyjnych prowadzonych wobec Kościoła Katolickiego przez Urząd do Spraw Wyznań w latach 1950–1975

Author(s): Bartosz Nowakowski / Language(s): Polish Issue: 26/2023

The aim of this paper is to critically discuss Michał Krawczyk’s monograph titled Struktura organizacyjna i działalność Urzędu do Spraw Wyznań w latach 1950–1975 – wybór archiwaliów z wprowadzeniem (Organizational structure and activities of the Office for Denominational Affairs in the years 1950–1975), published in 2022, taking into account other relevant research. Krawczyk’s monograph presents selected sources from the rich archival material stored in the Archives of Modern Records in Warsaw. The material pertains to the organizational structure of the Office and its subsequent transformations, its supervision of domestic denominational administration, the formal scope of powers of its individual units and the content of legal acts issued by this body. The sources also provide insight into the Office’s actual goals and the methods used to achieve them. The presentation of these source materials makes a significant contribution to the research on the Office for Denominational Affairs, which – despite the publication of some important works – is still at an early stage.

Międzynarodowa Konferencja Naukowa "Aktualne problemy stosunków wyznaniowych oraz laickości państwa w Polsce w kontekście międzynarodowym", Warszawa, 15 kwietnia 2023 r.

Author(s): Oliwia Rybczyńska,Jędrzej Zieliński / Language(s): Polish Issue: 26/2023