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Jus Sanguinis – The Basic Principle in Citizenship Law, Comparative Analysis of First Citizenship Law between Visegrad Four and China

Author(s): Lu DA / Language(s): English Issue: 2/2016

Citizenship defines the relationship between the individuals and the government in the modern society. The citizenship law had a long history in the world, in central Europe, Hungary published its first citizenship law in 1879. After the independent, Czechoslovakia and Poland had their own citizenship in 1920s. In China, Qing Dynasty also had its own nationality law in 1909. Although, these citizenship laws or nationality laws have some differences because of the different conditions in these countries, i.e. culture, economic condition. However, there are still have lots of similarity in these laws, the first and the most important principle similarity is jus sanguinis. Therefore, in this article the author will examine the first citizenship law in Hungary Kingdom, Czechoslovakia and Poland, the first nationality law in Qing Dynasty as well, and make comparison between these citizenship(nationality) law

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Парламент или Советы: российский выбор 1918 года

Author(s): Igor' Andreevič Isaev / Language(s): Russian Issue: 3/2016

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

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„Nauka prawa […] stała się nieuchronnie potrzebną nie tylko przez swą użyteczność, lecz obowiązki, jakie nas łączą w obywatelskim stanie”1. O tradycji i nowoczesności w nauczaniu prawa w Księstwie Warszawskim i Królestwie Polskim (1807–1830)

Author(s): Anna M. Rosner / Language(s): Polish Issue: 3/2015

The teaching of law in the Duchy of Warsaw (1807–1815) and the Kingdom of Poland (1815–1832) was due to the implementation of requirements concerning new judicial and administrative posts. Law education was now obligatory, in contrast to the Republic of Nobles (XVI–XVIII cent.). That is why the new law schools were established: the School of Law and Administration in the Duchy of Warsaw, and the Law and Administration Faculty of the Warsaw University in the Kingdom of Poland. The new social stratification and the establishment of a social class of the intelligentsia were in progress, and judicial posts were now open to persons of non-noble origin. The School of Law and Administration created its own modern program for the teaching of law. In addition to the theory of law, the new program also implemented the elements of general knowledge, as well as law education, known from the Republic of Nobles: the basis of all active citizenship. These components were creating a new understanding of the terms “state” and “nation".

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Rebublika Chińska na Tajwanie – pytanie o status prawnomiędzynarodowy

Author(s): Patrycja Łukasiewicz / Language(s): Polish Issue: 10/2016

The Republic of China is the specific subject of International Law, because after many years of functioning formal and legal status of the island remains unregulated. According to the classical concept of state Taiwan has all three requirements necessary to be considered as a state organism. However, in situation where law and international relations have become very complicated and developed, it is not a sufficient condition to give recognition to the Republic of China as a full-fledged state creation. The necessity is the acknowledgement of the Republic of China by the international community, which was lost in the second half of the twentieth century. Many historical events politically oriented has contributed to this situation. Two major events of international importance relevantly complicated the situation of the Republic of China. The outbreak of civil war in China ended in 1949 with failure of the Kuomintang, as well as the Korean War in 1950. The first one lead to the rule of Mao Zedong’s and proclamation, on 1st October 1949, The People’s Republic of China on the mainland while the sovereign government of The Republic of China was established in Taiwan. Another important moment in the history of Taiwan was exclusion its representatives from the UN body in 1971, which resulted in 2 years of almost total political isolation of Taiwan. The problem of Taiwan and its representation in international organizations remain unsolved for decades, which is a precedent in international law.

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Tomasz Kucharski, Instytucja egzorbitancji w systemie prawnoustrojowym Rzeczypospolitej Obojga Narodów, Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika, Toruń 2014, 342 s.

Author(s): Kacper Górski / Language(s): Polish Issue: 4/2015

Review of: KACPER GÓRSKI -Tomasz Kucharski, The Institution of Egzorbitancje in the Political System of the Polish--Lithuanian Commonwealth, Mikołaj Kopernik University Press, Toruń 2014, 342 p.

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Karol Siemaszko, „W trudnym okresie odbudowy państwa”. Tak zwany mały kodeks karny w świetle orzecznictwa Sądu Okręgowego w Krakowie w latach 1946–1950, IPN, Warszawa 2015, 351 s.

Author(s): Adam Lityński / Language(s): Polish Issue: 4/2015

Review of: ADAM LITYŃSKI - Karol Siemaszko, „In a Difficult Time of a State Restoration”. The So-called Small Penal Code in the Light of Decisions of the District Court of Kraków from 1946–1950, IPN, Warszawa 2015, 351 p.

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Nienależne świadczenie w polskim Kodeksie zobowiązań z 1933 r. na tle porównawczym

Author(s): Jan Halberda / Language(s): Polish Issue: 1/2016

The present paper discusses the concept of undue payment as found in the Polish Code of Obligations of 1933. The research is comparative in nature since it also explores the institution in question in other contemporary codes (Code Civil, ABGB, BGB and Obligationrecht), Roman law, and the Polish Civil Code of 1964 (1). The discussion is concerned with the framework of legal provisions on undue payment in the aforementioned sources (2). Furthermore, while applying a framework of the Roman condictiones the paper analyses the grounds of the action (3). It presents circumstances which allowed a payor to seek recovery of his payment (4–6) and those which precluded the claim (7). Then the paper gives an illustration of the scope of a payee’s liability (8). In his final remarks, the author attempts to assess undue payment as regulated in the Code of Obligations (9).

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Sprawozdanie z międzynarodowego sympozjum historycznoprawnego „Religia w przestrzeni publicznej państwa prawa XIX–XX wieku”, Kraków, 28–29 kwietnia 2016 r.

Author(s): Michał Ożóg / Language(s): Polish Issue: 1/2016

The symposium was held in Kraków on April 28th–29th, 2016, and it touched upon the subject of religion in the public sphere in the legal state of the 19th and 20th centuries. It was organised by the Chair of General History of Law and State at the Jagiellonian University. The participants were greeted by Prof. Dorota Malec, PhD, Vice Dean for Administrative Studies at the Faculty of Law and Administration of the Jagiellonian University (as well as the University’s Vice Rector-Elect for Development). The proceedings of the conference began with the inaugural speech delivered by Prof. Andrzej Dziadzio, PhD, Head of the Chair of General History of Law and State at the Jagiellonian University in Krakow. As many as 15 lecturers from 5 countries (Poland, Hungary, Germany, Austria, and the USA) contributed to the discussions. Each day of the symposium was divided into two sessions. The papers presented focused on the problem of relations between the church and the state throughout the 19th century, the inter-war years, and the post-war period, as well as on such problems as the secularisation of marriage law, protection of religious feelings, the status of church-affiliated organizations, and others issues concerning church/state law and religious policy. Special attention was given to the legal systems of the Austro-Hungarian Empire, the successor states of the Habsburg Monarchy, and the German legal environment.

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Presuda Haškog tribunala Radovanu Karadžiću-potvrda velikosrpske ideologije, politike i prakse u Bosni i Hercegovini

Author(s): Rasim Muratović / Language(s): Bosnian Issue: 5/2016

It has been a well-known fact that Radovan Karadzic as the President of the Republic of Srpska and Supreme Commander of the Armed Forces, was an exponent of the ideology of Serbian hegemony of the Serbian political, military and police regime. That regime was planned, organized and he carried out the aggression against the internationally recognized state, the Republic of Bosnia and Herzegovina, the aggression and destruction of the constitutional order of the Republic of Bosnia and Herzegovina . Radovan Karadzic gave repeated impetus and organized political and armed rebellion against the constitutional order of the Republic of Bosnia and Herzegovina having been given the support by the Army of Yugoslavia, which represented the most serious offence in all socio-political systems. The main objective of the aggressive war-mongering campaign, led by Milosevic and Karadzic as his assistant in charge of Bosnia, was the war with the purpose of conquering the territory, expulsion and physical liquidation and elimination of non-Serbs from criminally conquered space. It was committed under the flag of fascist ideological fanaticism of the “national threat”. Under the same flag, the wars from Slovenia to Kosovo were led along with the systematic and media-hoopla propaganda about the alleged “demonization of Serbs”. Everybody were guilty, Muslims, Croats, Albanians, Ustasha, Bali, KLA, the Green Berets, mujahedeen, NATO, CIA, the intelligent services of France, Germany, the Vatican, Tehran, all but them. To be precise, the lie is ubiquitous and methodically designed constant which verbally supports and evaluates each war option, massacre and each and every crime. At the same time, the Serbian “victories” and praise appeared in a row .

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Sir Robert Filmer. Sam przeciwko wszystkim! Część I

Author(s): Tomasz Tulejski / Language(s): Polish Issue: 101/2016

Sir Robert Filmer was an English political theorist who defended absolutism and the divine right of kings criticizing Hobbes, Milton, Grotius, Bellarimine, Suarez and Aristotle. Filmer’s theory is founded upon the statement that the government of a family by the father is the true origin and model of all government. In the beginning God gave authority to Adam, who had complete control over his descendants, even over life and death itself. In his point of view the king is perfectly free from all human control, he cannot be bound by the acts of his predecessors, for which he is not responsible; nor by his own, for it is impossible that a man should give a law to himself – a law must be imposed by another upon the person bound by it. In the Article the Author argues that Filmer’s argument is perfect, complete but the last defense of unlimited royal power in the age of destruction of natural political authority.

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Odmowa pełnienia służby wojskowej przez Świadków Jehowy jako realizacja klauzuli sumienia. Uwarunkowania prawno-historyczne

Author(s): Marek Bielecki / Language(s): Polish Issue: 19/2016

The subject matter of the present paper is the issue concerning military service of Jehovah’s Witnesses. The author mainly focuses on legal regulations and analysis of judicial decisions, nevertheless, the most important aspects of Jehovah’s Witnesses teaching are also included. The article presents the evolution of legal regulations as well as the standpoint of jurisdiction in this particular area. The permission to refuse military service of Jehovah’s Witnesses had not been granted by either the legislator or the court until the period of system shift. As it is emphasized by the author, problems that arise due to the existing regulations and their practical implementation are believed to become a redundant debate, especially when common military service obligation is suspended. However, in the light of existing threats it cannot be excluded that the military service obligation will be implemented.

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UTJECAJ ŠERIJATSKOG PRAVA NA OPŠTI IMOVINSKI ZAKONIK ZA KNJAŽEVINU CRNU GORU

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UTJECAJ ŠERIJATSKOG PRAVA NA OPŠTI IMOVINSKI ZAKONIK ZA KNJAŽEVINU CRNU GORU

Author(s): Enes Durmišević / Language(s): Bosnian Issue: 57-58/2014

Kao što je poznato današnji teritorij Crne Gore bio je pod osmanskom vlašću četiri stoljeća. Osmansko carstvo figuriralo je kao islamska država gdje se primijenjivalo islamsko, tj. šerijatsko pravo. Ono je tokom višestoljetne vladavine, kod domaćeg stanovništva formiralo određenu pravnu svijest i običajno pravo. Iako je Opšti imovinski zakonik donešen i zvanično proglašen 1888. godine, njegov autor Baltazar Bogišić, petnaest godina je prikupljao pravne običaje u staroj Crnoj Gori, Hercegovini, južnoj Dalmaciji i području Skadarskog pašaluka. Sve su to prostori kojima su, kraće ili dulje, vladali Osmanlije i ostavili traga u pravnim običajima spomenutih prostora. Dakle, postojeći pravni običaji poslužili su kao građa i pravni osnov Baltazaru Bogišiću za izradu Opšteg imovinskog zakonika. On nije utvrđivao niti istraživao porijeklo pravnog običaja. Za njega je bila važna činjenica da dotični pravni običaj egzistira u narodu, primjenjuje se i da je dio pravne svijesti lokalnog stanovništva. Šerijatsko-pravne ustanove koje su se etablirale u običajno pravo lokalnih zajednica na Balkanu, pa i u Crnoj Gori, ponekad su zadržale svoj arapsko-osmanski naziv, ili su nazvane jezikom lokalnog stanovništva. Ovaj rad ima za cilj istražiti koje su šerijatsko-pravne ustanove i propisi imali utjecaja na Opšti imovinski zakonik za Crnu Goru.

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Funkcje Prezydenta Republiki Litewskiej w świetle Konstytucji z 1992 r.

Author(s): Krzysztof Prokop / Language(s): Polish Issue: B/2016

The article is devoted to analysis of the constitutional functions of the president of the Republic of Lithuania. According to the author it is possible – in the light of the Constitution of 1992 – to define three functions of the president: state representation, an executive function, and an arbitration function. The function of state representation is directly connected with the president’s role as head of state. The executive function means the president is part of the executive power and may participate in the determination of state policy, especially in the sphere of foreign policy and national security. As an arbitrator, the president can stabilize the functioning of Lithuania’s political system. The strong position of the president is, however, balanced by the Seimas (Parliament).

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Wykonywanie kary pozbawienia wolności w Polsce międzywojennej

Author(s): Grażyna B. Szczygieł / Language(s): Polish Issue: 1/2008

The article is concentrated on the procedure of carrying out the prison penalty in 1918–1938. You can distinguish two periods important for Polish penitentiary law in these times. The first of them was marked by taking out prisons from the occupants’ hands and by building grounds of Polish penitentiary system. The important step on this field was done on March 7th, 1928, when the President’s decree on system of prison organization was passed. This decree opens new period in Polish penitentiary system, because the progressive system of carrying out the prison penalty was introduced to Polish law then. The model was in accordance with the European standards and was taking into account the resolutions of penitentiary congresses of this time. However, the reality of prisons was significantly different. The progressive system was introduced only with small group of sentenced persons. More than 70% of prisoners had no work and they were kept in crowded prisons with no sufficient hygienic conditions. The problem of crowded prisons was only partially solved by the amnesty acts.

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Dyskusja nad projektem kodeksu karnego z 1956 r. w czasopismach prawniczych

Author(s): Diana Maksimiuk / Language(s): Polish Issue: 1/2008

After World War II the communists, who took power in Poland, did not abolish the old penal code from 1932. However, the new acts on penal law were passed and they were undermining the old system and in fact creating the new one. This situation was criticized by new authorities and in 1950 works on new penal code were inaugurated. It was expected that new code will be ready in one year. However, the reality was completely different and the penal code of so called People’s Poland came into force not earlier than in 1970. The works on new penal code have been going on for a very long time. The Ministry of Justice prepared first draft in 1956. It was published and consulted among specialists. The penal lawyers criticized the draft strongly and it was rejected. The rejection was connected with the new era in communist Poland after Stalin’s death.

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Piotr Majer, Ustawy policji polskiej (1791–1990). Źródła z komentarzem, Wydawnictwo Marszałek, Toruń 2007.

Author(s): Marcin Łysko / Language(s): Polish Issue: 1/2008

Review of: Piotr Majer "Ustawy policji polskiej (1791–1990). Źródła z komentarzem"; Marszałek Publishing , Toruń 2007; by: Marcin Łysko

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Podstawowe zagadnienia instytucji kary śmierci w świetle prawa i praktyki wymiaru sprawiedliwości w dziejach Rosji

Author(s): Katarzyna Laskowska / Language(s): Polish Issue: 1/2009

The article describes legal regulations concerning death penalty in Russia from 1398 to 2008. The analysis shows that the death penalty was commonly present in Russian legal acts. The article describes the evolution of the range of death penalty. It was used not only against crimes like homicide, but also against political crimes. It was an instrument in political fight and in repressive criminal policy. The article shows also the means of execution of capital punishment. Throughout the ages it was executed in a very brutal way, to make it painful for the executed person. The death penalty in Russia should not be analyzed only in historical perspective, because it still exists in present criminal code of Russian Federation.

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Z problematyki kodyfikacji prawa karnego materialnego początków Polski Ludowej

Author(s): Diana Maksimiuk / Language(s): Polish Issue: 1/2009

New political forces (communists), which came into power in Poland at the end of World War II, formally retained the legal system, which existed in the Second Republic before the war. The principle of legal continuity was however undermined in the sphere of military penal law and jurisdiction. The 1932 criminal code was still in force. The decision of making new code was undertaken in 1950. Earlier, from 1947 the Ministry of Justice was working on novelization of penal law. The purpose of these works was to adapt old law to new political principles. These works were interrupted at the end of 1948. One of the reasons of this interruption were disagreements between members of the Codification Committee on the ways of making new law.

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Dyskusja na temat miejsca prawa rodzinnego w systemie prawa Polski Ludowej

Author(s): Piotr Fiedorczyk / Language(s): Polish Issue: 1/2009

After World War II Polish law was based on law of the USSR. Family law played important role in the reception of Soviet law, because it was the first example of applying Soviet rules. According to Soviet doctrine and legislation, family law was treated as an independent branch of law, separated from civil law. The construction of private law was rejected. The process of adapting Soviet rules started in 1949, when Polish and Czechoslovak lawyers were working together on draft of Family Code. No one of important Polish lawyers supported the idea of separation of family law from civil law at the beginning of works. Later they were forced to change their views and some of them (especially Seweryn Szer) supported the idea of separation of family law strongly. In the late 50’s the discussion about localization of family law was very emotional and open. It was the result of changing political situation (fall of the Stalinism). However, there was no political consent to prepare one civil code and that’s why two codes were passed in 1964: Family and Guardianship Code and Civil Code. The reception of Soviet rules in Polish family law was superficial. According to the prevailing opinion, the existence of separate Family code did not create independent branch of law and family law was regarded as a part of civil law. The supporters of the idea of separation were not able to construct the convincing theory about it. Present attempts to retain separated family code have no historical justification.

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Jerzy Migdał, Polski system penitencjarny lat 1944–1956, Wyd. Arche, gdańsk 2007, 279 stron.

Author(s): Marcin Łysko / Language(s): Polish Issue: 2/2009

Review of: Jerzy Migdał "Polish penitentiary system of the years 1944-1956"; Publisher. Arche, Gdansk 2007, 279 pages; by: Marcin Łysko

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