Hodnocení francouzské kategorie práva tzv. "smíšeného" z hlediska českého práva

Author(s): Jana Báčová / Language(s): Czech Issue: 2/1997

Both Czech and French law are parts of the system of the continental law. The system is based on Roman law which has had a deep influence on it. The continental law is usually divided into two large subsystems - public law and private law. The fundamental rules of this division were formed by Roman jurisprudence (ius publicum and ius privatum). Private law and public law are usually described similarly in the Czech Republuc and in France as well. Private law is defined as the law which determines the rights and duties of individuals on the basis of equal station. Public law is concerned with public affairs of the state, its territorial units and municipalities. But French jurisprudence has formed a new catory­ "the mixed law", it includes the criminal law and the procedural law (civil and criminal).

Zkušenosti s městským ombudsmanem v Detroitu

Author(s): Vladimír Sládeček / Language(s): Czech Issue: 4/1996

The author of the article deals with the issue of the local ombudsman. At the outset he gives a brief survey of the recent situation of the local ombudsmen in the U.S.A. In his opinion, quasi-ombudsman entities, complaint-handing mechanisms respectively, may be observed in a growing number of American states. Local ombudsmen, who have a character close to a legislative ombudsman pattern, operate in twelve American cities. The relevant part of the article is devoted to an analysis of the legal background and functioning of the urban ombudsman in the city of Detroit. The author considers this institution to be one of the few true local legislative-type ombudsmen in the United States. First he gives some facts from the history of forming the institution. Then he is concerned with various aspects of position and activities of the urban ombudsman in Detroit: appointment, personal qualifica­tions, deputy of ombudsman, investigations a investigatory power, the office of the ombudsman, etc. Some of the facts are based on a personal interview with Marie Farrell-Donaldson, the Detroit's City Ombudsman. In the conclusion the author indicates the meaning of the depicted experience with local (urban) ombudsman in the U .S. A. for the Czech Republic. Although an ombudsman-type institution has not been established in this country so far, there exists the bill on "Public Protector of Rights" which is in some aspects connected with the analysed issue. The author draws attention to unrealistic promises of candidates to the Senate to become the local ombudsman.

Správa veřejného majetku

Author(s): Petr Mrkývka / Language(s): Czech Issue: 4/1996

Public property and its administration belong to a speculative sphere of the theory and practice covering economics and law as being transformed. Public property is directed related to a material basic for providing public property especially within a public sector and that ts why it deserves certain attention of the law theory. We may claim that existing legal regulation for making and using public property is, in the present law and order of the Czech Republic, regulated in a way of having considerable reserves and by means of legal rules relating to so called national property before November 1989. "Public property" itself and the concept of "public property administration" as well lack for a legal definition and general regulation. These concepts are commonly used but the law theory, and especially the theory of administrative law and the theory of civil law, paid greater attention to them in the past than today. Public property administration may be understood as an activity of public sector subjects consisting in the treatment with public property induding registration and control. This activity may be then differentiated according to whether the property administration is understood as internal administration or external administration. There are considerable differences in administering the property either internally or externally and thus they are reflected even in the legal regulation. Public property adminstration may be even considered in respect of possible ownership and stages of treating with the property. Special attention should be paid to public property administration exercised by public funds, especially by the Fund of National Property, Land Fund and the Fund of Children and Youth.

Výklad provozovatelského práva

Author(s): Ivo Telec / Language(s): Czech Issue: 4/1996

The document discusses the interpretation of operating rights within the context of Czech copyright law. It explores the legal framework surrounding the public performance of works, particularly focusing on theatrical and musical works. The text delves into the contractual obligations between authors and operators, emphasizing the necessity for written agreements and the responsibilities of operators to pay royalties. It also touches on the historical evolution of these laws and the differentiation between public and private performances. Additionally, the document references various legal precedents and scholarly works to support its analysis. The aim is to provide a comprehensive understanding of the legal intricacies involved in the public performance of copyrighted works in the Czech Republic.

Działalność Studenckiej Poradni Prawnej w czasie pandemii COVID-19

Author(s): Kamil Najjar / Language(s): Polish Issue: 2/2020

The Commonwealth of Poland-Lithuania at the time of the Noble Democracy – a Polish Anomaly?

Author(s): Jerzy Malec / Language(s): English Issue: 1/2020

The article deals with the specifi city of the noble democracy in the Polish-Lithuanian Commonwealth. Contrary to the absolutism dominant in Western Europe, where the fullness of power was concentrated in the hands of the monarch, in Poland, starting from the 16th century, power passed into the hands of the noble state, and republican forms were mixed with monarchist ones (the so-called republica mixta).The Sejm becomes the highest organ of power, bringing together the full legislative power, the power of the elected monarch gets limited, the administrative structure – based on lifetime offices – is anachronistic (until the middle of the 18th century), the judiciary retains its state character and from the 16th century becomes independent of the king, which is unique compared to most of the then existing countries. The system of democracy of the nobility created at that time clearly distinguishes the Polish political system from the solutions that were dominating during the modern era. In the first half of the 18th century, this form of government becomes deformed. During the magnate oligarchy, real power passes into the hands of a small group of the richest. Poland is in the state of decline. To counteract this, reforms are being gradually introduced during the reign of Stanisław August Poniatowski, the last Polish king. However, they prove to be long overdue. The constitution passed on May 3, 1791 – the second in the world – did not last long, and the third partition of Poland meant the loss of independence for 123 years. The reasons for the fall of the Republic of Poland can be found in the external factors, in the disintegration of state institutions and the growing anarchy, but also in a specific Polish systemic anomaly, which did not withstand the confrontation with the centralized absolute monarchy of the neighbouring countries.The attempt to build in Poland a democratic state based on law turned out to be premature.

Zmiany prawnoustrojowe w „napoleońskim” Krakowie w latach 1809–1815

Author(s): Paweł Cichoń / Language(s): Polish Issue: 1/2021

The article presents the systemic and legal changes introduced in Kraków during its affiliation to the Duchy of Warsaw (1809–1815). At that time, Kraków belonged to the “Napoleonic” Europe. The article describes changes in the official name, status and administrative division of Kraków, changes in the administration and judiciary, which also directly affected Kraków, and resulted from the introduction of legal solutions in the Duchy of Warsaw, based on French standards. The legal status of the Jewish population living in Kraków at that time was also presented. At the end, the legal, political and social consequences of Kraków’s membership in the Duchy of Warsaw were indicated.

Uniwersały Rady Nieustającej z lat 1775–1788. Część III: Materie ekonomiczne

Author(s): Marcin Głuszak / Language(s): Polish Issue: 1/2021

The matters most frequently discussed in the universals of the Permanent Council, apart from the issues of the judiciary and judicial law, were matters related to economics. Particular emphasis was placed on the functioning of royal cities under the supervision of the Police Department of the Permanent Council, including control over the course of propination auctions. In single universals, the Council focused its attention, among others, on the issues of road infrastructure, agriculture, forestry, the raw materials industry, trade and treasury.

„Urządzenie gmin i wójtów” w konstytucyjnym Królestwie Polskim. Część I: Przygotowania i fiasko pierwszego projektu z 1817 r.

Author(s): Michał Gałędek / Language(s): Polish Issue: 1/2021

What concepts underlie the organization of public authority over the peasants in the constitutional Kingdom of Poland? Was there any intention to reform the administrative system inherited from the Duchy of Warsaw? To answer these questions, the research of the concepts formulated during the work on draft bills in the years 1814–1818 in order to modify the assumptions developed in the Duchy, on which the public authority entrusted to the wójts was based, was carried out. It commenced by the so-called Civil Reform Committee on the legal and systemic reconstruction of the Duchy of Warsaw in July 1814. The closing date is determined by the moment of issuing the order of the Establishment of communes and wójts on May 30, 1818. The article is divided into two parts. The first part discusses the works and debates conducted until the rejection of the first draft bill presented to the Council of State on February 28, 1817.

Legislacyjna transformacja krajowego rynku gazu ziemnego poprzez biogaz na przykładzie rynkowych platform współpracy

Author(s): Maciej Włodek / Language(s): Polish Issue: 2/2021

In order to achieve the assumptions of the European Green Deal program by 2050, it should be emphasized how important is the cooperation between market participants: government, local governments, enterprises and citizens in order to fulfill the program assumptions. The essence that shapes cooperation platforms is Art. 7, points 7a and 7b of Directive 2012/27 / EU, which contains provisions on the involvement of energy service providers, citizens, as well as accredited entities and public authorities. I based my content on the implication of Directive 2018/2001 (Renewable Energy Directive II), on the promotion of the use of energy from renewable sources on market participants and the regulation (EU) 2019/941 on risk preparedness in the electricity sector and related to ensuring security of renewable energy. The above regulations show the essence of energy and climate decisions made at the national and neighboring countries level, and generally on energy prices, security of supply, emissions and mutually. Within the framework of a specific REE, as an example, agricultural biogas was analyzed, but also biogas from a landfill on the example of a case study of the city of Tarnow and the energy cluster established there. Legislative and economic difficulties in the development of agricultural biogas plants in Poland in relation to the German market were diagnosed, such as the lack of feed-in tariffs or the issue of certificates of origin. The considerations show the paths of introducing a system of incentives for market participants and identifying the key measure of renewable energy sources (specificity of the region) to be used by market participants.

„Wstrząsające wspomnienie uzurpacji Bonapartego?” – uchwalenie zasad prawa spadkowego do kodeksu cywilnego Wolnego Miasta Krakowa

Author(s): Piotr Michalik / Language(s): Polish Issue: 1/2022

Establishing the Free City of Krakow (1815–1846) at the Congress of Vienna, the protecting powers of Austria, Russia, and Prussia decided that new codes of laws would be adopted in place of the French and Austrian law that had been in force on its territory so far. The subject of this article in its first part is the analysis of codification works carried out in Krakow in the years 1816–1818 by the Assembly of Representatives and the Legislative Committee appointed by them. The result of this work, conducted under the supervision of the Organizing Commission headed by the residents of the protecting powers, was the enactment in 1818 of 297 principles of law to the proposed but ultimately not introduced codifications. The second part of the paper presents a detailed analysis of the adoption of 31 principles of inheritance law to the new civil code being prepared, which was to replace the Napoleonic Code (Code Napoléon). This analysis indicates to what extent the Krakow legislators intended to base their own civil codification on the solutions adopted in French law.

The Numerical Scoring Analysis Predecessors

Author(s): Tuvya T. Amsel / Language(s): English Issue: 1 (57)/2023

In polygraph history, Cleve Backster’s “numerical scoring chart analysis” is considered as revolutionizing the manner of polygraph charts analysis. Yet, earlier history of chart analysis, as being reviewed in this publication, lead to the conclusion that the “numerical scoring chart analysis” was more evolutionary rather than revolutionary.

Investigating Feminicide in Mexico. The Conversation Management Approach proposal

Author(s): Eduardo Pérez Campos Mayoral,Ray H. Bull,Eric Shepherd,Eduardo Pérez Campos / Language(s): English Issue: 1 (57)/2023

In Latin America, the investigative interview is still in its beginnings. Currently, most public and private investigators use interview and interrogation techniques aimed at obtaining admission or confession, instead of applying Investigative Interview techniques focused on information gathering. This document provides an overview of the Conversation Management Approach. This is an investigative interview technique used to interview uncooperative criminal suspects, such as those accused of feminicide. An example of how to apply the technique in a case of feminicide is shown, to serve as a guide to good practices. This technique consists of three phases that must be considered when administering and applying the interview. In the first, the behavior before the interview is reviewed, in which the planning and preparation of the interview was carried out. The second phase is the interview to elicit information, which consists of a variety of questioning style techniques, explanation of procedures and instructions to follow, rapport building, and clarifi cation of information. The third phase is called the post-interview phase, which consists of closing and evaluating the entire interview process. The objective of this work is to provide Latin American interviewers with information on the best practices in investigative interviews used in other countries, to raise their aware of the need for training in this area. The correct application of investigative interview techniques is essential to investigate crime, and training of interviewers in this type of technique is necessary to improve the results obtained through interviews.

The Offender Recognizes the Victim – About the Advantages of Using the Visual Version of Polygraph Test in Serious Criminal Case

Author(s): Piotr Herbowski,Dominika Słapczyńska / Language(s): English Issue: 1 (57)/2023

The authors of this article consider the advantages of using a visual version of CIT during polygraph examinations. The presentation of the rarely used CIT encourages to discussion about the possibility of implementation such tests in serious criminal cases. Their application takes a form similar to the police lineup. However, the main difference is that the suspect reviews photographs of possible crime victim. In the described case we are dealing with a so-called “reverse police lineup”. As the result, the visual CIT proved that the examinee knew the victim of the crime, despite the fact that he had previously denied this. Thanks to the examinee’s arousal recorded on the key question, it was also possible to obtain the desired psychological effect in the form of the perpetrator’s confession and the indication of other evidence proving his guilt.

Zarządzanie szkołą w kontekście zdrowia psychicznego uczniów w obliczu kryzysu wywołanego pandemią COVID-19

Author(s): Paweł Lipowski,Kamila Figiel / Language(s): Polish Issue: 3-4/2023

The worsening mental health of children and adolescents is a growing issue, both globally and – with some delay – in Poland. This is primarily due to the ever-increasing challenges in this area. The COVID-19 pandemic only exacerbated these problems, as psychological and psychiatric care receded into the background during a situation of the pandemic threat caused by the Sars-CoV-2 virus. At the same time, the level of fear, anxiety and stress associated with the real threat to health and life, as well as the forced social isolation increased, which only compounded with the pre-existing problems. Children and adolescents have been deprived of real contact with their peers, which is particularly problematic from the perspective of their proper psycho-social development and overall well-being. Moreover, in the initial stages of the pandemic, some were confined to their dysfunctional homes, cut off from the external environment (school, teachers, psychologists, friends), and therefore without support in this highly difficult situation. Now – thanks to widespread immunization – the pandemic situation is slowly stabilizing, so schools are returning to on-site education, but the emphasis is primarily on catching up with the material, and not necessarily on rebuilding the social ties. So are school principals in Poland aware of their students’ mental health issues? Are they aware of the new mental health challenges faced by children and adolescents? Do they have a plan to support the mental health of students in their charge? In the context of the aforementioned issues, the purpose of this article is to increase the awareness of the problem and to develop possible support plans for the mental health of students in the face of the existing health and social crisis caused by the COVID-19 pandemic that could be implemented by the school administrators in Poland. To research this notion, an online survey was conducted among school headmasters in Poland. The survey results and its conclusions may prove interesting – in particular – for the headmasters of educational institutions, school psychologists as well as educators, teachers, parents and anyone interested in education management and mental health of children and adolescents.

ZMIANA ZEZWOLENIA NA PROWADZENIE APTEKI OGÓLNODOSTĘPNEJ A ZMIANA LOKALIZACJI APTEKI

Author(s): TOMASZ KOWOLIK / Language(s): Polish Issue: 1/2023

A public pharmacy may be operated only on the basis of a pharmacy license. The owner of the pharmacy must have the right to the premises in which the pharmacy is located, and the pharmacy premises must be a separate building or part of the building separated from other premises and other activities. The license to operate a public pharmacy specifi es who, where and under what conditions may run a pharmacy. The license is granted in administrative decision by the provincial pharmaceutical inspector. One of the elements of the license is the pharmacy’s address. The data in the license may change, but the provisions of the law do not limit the scope of changes that may occur. Changes of data in the license may occur for various reasons and do so often regardless of the entrepreneur’s will. In the event of a data change, the entrepreneur is only obliged to notify the authority about these changes. The practice of the State Pharmaceutical Inspectorate is that any change to the data contained in the license requires the issuance of an amending decision. Changes to license to operate pharmacies should be divided into: 1) declaratory changes resulting from various legal events and not requiring the issuance of a constitutive amending decision, but only a declaratory decision confi rming the change, and 2) constitutive changes, which may occur only on the basis of a fi nal decision on amendment of license, issued pursuant to Article 155 of the Code of Administrative Procedure. Amendment of a decision of granting a license, including changing the pharmacy premises, will be possible if the public interest or justifi able interest of the party is involved. According to currently applicable legal provisions, but contrary to the jurisprudence of the Pharmaceutical Inspection authorities, changing the location of a pharmacy should be allowed by amendment of decision on grant a license, pursuant to Article 155 of the Code of Administrative Procedure.

Ograniczenia egzekucji sądowej ze składników gospodarstwa rolnego po nowelizacji Kodeksu postępowania cywilnego

Author(s): Włodzimierz Głodowski / Language(s): Polish Issue: 2 (33)/2023

After the amendment to the Code of Civil Procedure, the issue of restrictions on the enforcement proceedings regarding to farm components is regulated by the new provisions of Articles 8291 –8295 of the CCP. The aim of the considerations is to assess the correctness of the solutions applied by the legislator and to interpret these regulations taking into account the requirements of the enforcement practice. In conclusion, the author stated, inter alia, that the new regulations are basically correct. However, it would be appropriate to introduce a correct term „animal or movable property” to Article 8294 of the CCP and to make an identical regulation in the provisions restricting the execution relating to farm components in the CCP and Article 8a of the Act on enforcement in administration.

Член 100, алинея 1 от Шенгенската конвенция за предаването зад граница на търсени вещи

Author(s): Anton Girginov / Language(s): Bulgarian Issue: 5/2024

The handing over as physical evidence of movables abroad for foreign criminal proceedings is governed by procedural rules on international legal assistance rather than any administrative laws. Article 84 of the Law on the Ministry of Interior shall regulate the remaining cases of handing over of movables but with a necessary restriction to prevent the rights of bona fide possessors from being violated.

Przepisy prawa regulujące nadanie i zmianę imienia i nazwiska jako narzędzie formowania nowego społeczeństwa w państwach o ustrojach niedemokratycznych — część I

Author(s): Jolanta Behr / Language(s): Polish Issue: 2/2023

The subject of the article are legal regulations concerning giving and changing names and surnames, analysed in the context of their role in the formation of society in countries with non democratic systems, including the creation of a model member of such a society. Administrative law and administration will be shown as a tool serving the current interests of the ruling power. The importance of the name and surname in shaping a person’s personality and strengthening his relationship with a specific group will be explained, and the consequences of changes in this area will be indicated. The article will also highlight and discuss two types of provisions of legal acts regulating the granting and changing of a name and surname. The former make it possible to separate the model members of the new society from its enemies and make it easier to identify and eliminate undesirable people (laws in force in the Third Reich). The second enables the creation of a homogeneous society through the forced assimilation of selected individuals (laws in force in People’s Poland aimed at de-Germanisation). The article uses the legal-dogmatic method, consisting in the analysis and interpretation of the texts of legal acts, and the historical and legal method, taking into account the changes of the analysed legal institution over the years. The work also takes into account the practice of applying the law in the researched area.

Interes uriaș pentru instalarea de panouri fotovoltaice: aspecte contabile și fiscale pe care companiile trebuie să le ia în calcul

Author(s): Adina Banici,Bianca Tigan / Language(s): Romanian Issue: 2/2024

In the current context, in which energy and natural gas prices have risen significantly, more and more consumers are considering renewable energy sources, such as the energy produced by photovoltaic panels, as alternative solutions. Consequently, we will detail below the main accounting and fiscal aspects that legal entities should consider.