Wybrane elementy sytuacji prawnej i politycznej emigracji rosyjskiej

Author(s): Nina Zielińska-Balcerzak / Language(s): Polish Issue: 4/2015

The purpose of this article is to present selected issues of legal and political status of Russians in Poland with particular emphasis on the Russian emigrants environment living on the Polish lands during building the foundations of the Second Republic of Poland and to show legal changes within this scope. The author’s intention is also an attempt to complete the existing studies relating to the history of Russian emigration in Poland in the interwar period.

Glosa do wyroku Trybunału Konstytucyjnego z dnia 17 lipca 2014 roku (SK 35/12), OTK-A 2014, nr 7, poz. 74

Author(s): Marek Kulik / Language(s): Polish Issue: 4/2015

Twórczość naukowa – czy autoplagiat jest plagiatem?

Author(s): Jerzy Szczotka / Language(s): Polish Issue: 3/2014

1. The subject of the present paper concerns the issue of a very significant, current and inspiring deep social interest value, especially in the field of scientific creativity. The notion of autoplagiarism appeared there in the 90’s of the last century and at once it became amazingly popular, achieved enormous “power of effectiveness”, evoking at the same time strong emotions – anxiety, disquiet or even fear. The term of autoplagiarism is a compound verb and this is the second of its component – expression “plagiarism” – that has contributed to this fast career and extraordinary effectiveness, becoming a carrier of a strong pejorative, stigmatizing and disqualifying evaluation. 2. The notion of plagiarism has its origin in the language of ancient Rome – Latin, where gradually as a “plagiatus” it was explicitly associated with a theft. The term “plagiarism” is used by Polish copyright juristic doctrine and judicial decisions in reference to the offence consisting in appropriation of the authorship of the whole or a part of a third person’s work – presenting himself as the author of such a work. On the one hand, the act of plagiarism as an offence brings to civil liability based on the ground of art. 78 Polish Copyright Act of 1994, on the other hand, as a crime brings to criminal liability based on the ground of art. 115 P.C.A. The crime of plagiarism derives from the offence of appropriation of a third person’s property, generally called a theft. This is the reason why plagiarism is commonly identified as a theft and as such is evaluated from the ethical and moral point of view. However, it is necessary to notice and stress a question of a fundamental importance and decisive for final conclusion that plagiarism consists in appropriation of the authorship of a third person’s work – you can neither steal your own property nor your own work. 3. The notion of autoplagiarism is not a normative expression. In the field of academic creativity it has been connected with evaluating of scientific achievements of the representatives of these circles in the context of academic career. That means achieving academic degree of doctor, doctor habilitatus and academic title of professor as well as posts and profits connected with them – prestige, awards, grants, incomes. The task of defining the notion of autoplagiarismis is not easy. It may be accepted that the phenomenon of autoplagiarism is understood as a special form of the author’s repeated distribution of his former publications, however, without providing any proper information about it. The aim of the autoplagiarist’s acting is to enlarge a quantity of his publications and thereby mislead as to the volume of his scientific achievements. 4. The analysis of proper provisions justifies the statement that from the point of view of the normative requirements to grant an academic degree or title, a matter of indifference – featureful however, for plagiarism – is a candidates’ intention to mislead as to the quantity or quality of his scientific achievements. 5. Answering the question asked in the title of the present article – whether autoplagiarism is a plagiarism in the field of scientific creativity – it should be stated that obviously autoplagiarism is not a plagiarism. It is also necessary to notice that the word “autoplagiarism” is an oxymoron from the linguistic point of view and thereby there are a lot of problems to define this notion. The introduction of an expression of autoplagiarism to the sphere of legal language should be in my opinion recognized as useless and even harmful. An acting named by this term may find its place only in the sphere of ethics considerations as an infringement of good academic customs. Therefore, it seems reasonable that the resignation of using the notion of autoplagiarism as hitherto in the mentioned context might be the best solution. However, if it appeared impossible there should be made an effort to redefine this notion, but in my opinion this undertaking has a little chance to be successful.

Specyfika prac Komisji Kodyfikacyjnej w procesie unifikacji prawa w II Rzeczpospolitej

Author(s): Irmina Mazurek / Language(s): Polish Issue: 3/2014

The Codification Commission was established by the enactment of legislation of the Second Polish Republic in 1919. It was a collegial body composed of experts, non-political, independent of the government and the Minister of Justice. The Codification Commission was established to prepare a uniform draft of the civil law and criminal law for all the lands belonging to the Polish state and other legislative proposals prepared in consultation and agreement with the Ministry of Justice or by a resolution of the Parliament. Specificity of the Codification Commission consisted in collecting and providing the best and most modern legislation, reflecting the legal status throughout the Second Polish Republic. In addition, it was manifested in the pursuit of brevity law by applying the rules for reference, avoiding casuistry. Creativity is also reflected in the use of appropriate, formal scientific language and appropriate reimbursement based on appropriate methodology.

Geneza Europejskiego Rzecznika Praw Obywatelskich

Author(s): Paweł Sadowski / Language(s): Polish Issue: 2/2014

Assumption of the Treaty about the European Union of 7 February 1992 opened an important chapter in the sphere of the community regulation of the status of citizens of the European Union and its institutional reforms. The treaty constituted the legal construction of the citizenship of the European Union and the consequent rights, which had to be protected by judicial and extrajudicial mechanisms, among them, the institution of the European Ombudsman deserves special attention. The idea of the appointment of the institution of the Ombudsman on the community level was enrolled into experiences in many member countries from which it resulted, i.e. the independent institution like ombudsman, can create the elastic and effective system of the controlling of authorities, warranting that the right is justly practical and protects citizens. This was especially essential in consideration of the fact that the first economic integration and the further enlargement of the competence had gone toward the more and more deeper integration, both legal and political. Further development and the evolution of Commonwealths could not follow separately from citizens and their composite needs, and this manner it was necessary to acknowledge to them additional rights, entering into the range of the new institution of the European citizenship. In the article there was introduced the idea of the European citizenship and its influence on the origin of the European Ombudsman, and also two ideas of the institution of Ombudsman effluent from Danish and Spanish experiences.

Sąd okręgowy w Piotrkowie 1876–1915

Author(s): Artur Korobowicz / Language(s): Polish Issue: 1/2013

The article illustrates internal organization and manning of the regional court in Piotrków during 40 years of its existence. It used to be one of 10 regional courts in The Kingdom of Poland, which had jurisdiction as courts of first instance over major civil and criminal matters. It differs from other courts because of its dynamic increase in the number of judges and development of its internal structure. In 1876 it began to function in a typical manning containing president of the court, two vice presidents and six judges and was divided into criminal, civil and mortgage departments. It finished its activity during the World War I in the manning containing president of the court, four vice presidents and twentysix judges and was divided into three criminal departments, three civil departments and a mortgage department. In the last years of its activity, there were four Polish judges in its manning (eight in the entire judiciary) and the only Pole who held the vice presidential post. In Polish judiciary, which had been opened in 1917, vice president of the regional court in Piotrków, Stanisław Srzednicki, became the First President of the Supreme Court, and judge Antoni Żydok became a judge of the Supreme Court.

Kilka uwag o postępowaniu sądowym w Kodeksie Hammurabiego

Author(s): Marek Kuryłowicz / Language(s): Polish Issue: 1/2013

Procedural law contained in the Code of Hammurabi does not constitute a separate set of norms and it pertains to criminal and civil lawsuits as defined today. The judiciary was interlinked with administrative powers. The sovereign (king) was the chief justice; assemblies of elders or council meetings performed a prominent role. Current matters were attended to by numerous administrative and police clerks. Everything was supervised by an appropriate deity. Proceedings were public and oral. However, forensic writers fulfilled an essential function as every element of proceedings had to be recorded. Written rulings and court transcripts were particularly significant. In the Code, elements of statutory law and procedural descriptions, used in jurisprudence, and specifically examination of proofs are intermingled. Proofs chiefly included witness testimony and oaths by gods. As writing was common, documents written on clay tablets also constituted good evidence. A typical method of obtaining evidence was ordeal by water. Proceedings took place at trials with the participation of parties and ended with a sentence. Appealing to the sovereign was possible, but there was no formal procedure for appeals. Description of legal cases in the Code of Hammurabi shows that the rules of procedure were clear and obvious, and the objective of a case was to implement the idea of justice promoted by the sovereign. The Code of Hammurabi remains a historical testimony to the impressive legal culture in ancient Mesopotamia in this regard as well.

CONCESSION AS A PRECONDITION FOR RELATIVELY RESERVED RIGHTS OF THE FOREIGNERS IN THE REPUBLIC OF MACEDONIA: THE CASE OF SMALL HYDROELECTRIC PLANTS

Author(s): Katerina Kocevska Shapkova,Bekim Nuhija / Language(s): English Issue: 2/2017

Concession as a precondition for relatively reserved right, gives the foreigners almost equal rights as domestic citizens of the Republic of Macedonia. Our goal is to address the legal aspects and the procedure of giving the right to concession. This paper is mainly qualitative research of desk work on International private Law, Law on public procurements, Law on concessions and public private partnership in the Republic of Macedonia along with a case study on Concession on power plants in the Republic of Macedonia. Renewable energies are the future, which is why law researchers and law makers need to contribute in making of better laws that adapt to upcoming events in the energy field.

Imigracioni zakoni i razvitak useljeničkih strategija – primer Sjedinjenih Američkih Država

Author(s): Jelena R. Predojević Despić / Language(s): Serbian Issue: 1/2010

Complex relationship between international migrations and the role of social networks, as strategies of connecting developed by the migrants themselves, is very important to study from the legal point of view. The law is not a primary force in the creation of migration courses. The economic, social, political and family factors are those which have the biggest impact on migrations, whereas the legal framework regulates most of social courses which influence the passing of decisions on migration, both on the micro and macro level, and establishes possible ways of conduction of the immigration process itself. On the example of the United States of America, as the largest immigration country, in the paper was shown in which way the development of legal regulations, as the product of the political reply of a country to the needs for foreign labour, can influence the demographic, social and economic characteristics of the immigration quota, and how certain legal regulations can become a major factor of strategies of connection of certain social groups and development of social networks, not only among migrants, but also among the non-migrant population, both in the country of origin and in the country of destination, with a view to issue of an immigration work visa. One of the most important achievements of the US immigration policy is that, in time, through a series of law amendments passed in the last half a century, the legal framework has been constantly improved, which makes possible immigration or temporary stay for work and schooling to those population structures which are deemed to contribute to the social, economic and cultural progress of the country in the best way. In the last few decades, the quota of educated and skilled population from abroad has increased significantly. However, one the of the most significant shortcomings of the American immigration policy is connected to the problems of illegal migrations. The solving of the paradox between restrictive immigration measures and the structural need for unskilled jobs is a considerable challenge for political and law experts not only in the United States, but in most other immigration countries. In this way the migrants will also be enabled to expose themselves as little as possible to law violation in their immigration strategies which will always be part of migration processes.

Teisingumas Prieš Teisétumą: Pilietinio Nepaklusnumo Teorija Ir Liberalizmo Filosofija

Author(s): Gražina Miniotaitė / Language(s): Lithuanian Issue: 57/2008

The paper tackles the problem of civil disobedience in the context of the individual’s relation to political authority. In the first half of the paper it is shown that the theoretical justification of civil disobedience is based on the liberal tradition of political philosophy (John Locke, Immanuel Kant). This is the tradition that is emphasizing the priority of moral equality and individual freedom over other political values. Of particular importance in the genesis of the idea of civil disobedience is the Kantian social philosophy. The main demands of civil disobedience, such as the nonviolent nature of the acts of disobedience, their publicity, and violation of a law while paying respect to the law in general, are all based on the Kantian conception of the human person as an end in itself. The second half of the paper is an examination of the ways the classical liberal ideas of political duty have been transformed in the works of such practitioners of civil disobedience as Henry Thoreau and Mohandas Gandhi. The paper concludes with an analysis of the concept of civil disobedience in John Rawls theory of justice as fairness. Rawls, in developing the liberal ideas of Locke and Kant, considers civil disobedience as a normal feature of developed constitutional democracies, as an offshoot of developed political culture. Civil disobedience is a particular form of political action aimed at influencing political decision-making and protecting individual rights from the encroachments of democratic politics. It appeals to the shared principles of political justice or, in the Kantian idiom, to the regulative social ideal.

Правовое регулирование рекламы в радиовещательной сфере

Author(s): Julia Volodina / Language(s): Russian Issue: 4/2016

In the study a detailed analysis has been conducted of the legal framework of Latvian Republic that regulates the production and distribution of advertising of certain types of goods. The study has identified legal problems of regulating such advertising in radio broadcasting, as an important social-economic issue, and an analysis has been conducted of Latvian legal regulations, that regulate public relations closely related to this issue. As a result of the study, certain proposals are made, for introducing changes to the existing legislation, aimed at solving the problems that were identified.

Art. 83 ustawy Prawo upadłościowe i naprawcze po nowelizacji. Czy mamy do czynienia z pojęciem „nieważności” w rozumieniu Kodeksu Cywilnego czy instytucją sui generis?

Author(s): Grzegorz Kamieński / Language(s): Polish Issue: 3/2015

The article deals with the issue of conversions connected with the introduction of the new act of Restructuring Law. The considerations refer to the problem of controversies emerging from regulation of the article 83 The Bankruptcy and Reorganisation Law after amendment. The author wonders whether we deal with the “annulment” in the Civil Code or an institution sui generis in this article.

Cultural Identity in the Case-Law of the Human Rights Committee

Author(s): Sylwia Stryjkowska / Language(s): English Issue: 7/2017

The aim of the article is to present the jurisprudence of the Human Rights Committee on Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities. Therefore, the study examines the underprivileged position of minorities within States and focuses on their will to survive as a distinct culture. Examination of the aforementioned caselaw provides an insight into the Committee’s understanding of the concept of cultural identity.

Migrant Domestic Workers in Europe: the Need for a Better Protection

Author(s): Aneta Tyc / Language(s): English Issue: 7/2017

Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.

Осигурително правоотношение между осигурителния орган и безработния - същност и особености

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 4/2014

The subject of scientific analysis are the issues regarding the legal notion and the nature of the social security legal relationship between the social security authority and the unemployed person as a special type of social security legal relationship. Under analysis are its essential legal characteristics – its subject, contents, parties and object. Under analysis also are the facts from which emerges that social security legal relationship The thesis is supported that this constitutes a separate type of social security legal relationship and its place in the system of social security legal relationships is defined.

Dimensions of Citizenship Policy in the Post-Yugoslav Space: Divergent Paths

Author(s): Jelena Džankić / Language(s): English Issue: 1/2017

The break-up of the former Yugoslavia resulted in the establishment of seven states with manifestly different citizenship regimes. Relating the politics of citizenship to the dominant nation-building projects, this paper argues that in the post-Yugoslav countries in which nation-building projects are consolidated (Croatia, Slovenia and Serbia) citizenship regimes converge around ethnic inclusiveness, while in those where nation building is contested (Macedonia and Montenegro) territorial rather than ethnic attachments are articulated in citizenship policies. In the case of Kosovo, and to a certain degree Bosnia and Herzegovina, policies emphasise territory due to international involvement in the shaping of their citizenship regimes. Even though all of these states have adopted ius sanguinis as the main mechanism of citizenship attribution at birth, the different approaches to naturalisation and dual citizenship indicate that the politics of citizenship are inextricably linked to the questions of nation building and statehood. To explore these issues, the paper first outlines the main traits of citizenship policies in contested and consolidated states. It proceeds by looking at different naturalisation requirements in the two groups of states. It argues that extension to ethnic kin occurs only in countries in which statehood and nation building are consolidated, where it serves to project an image of national unity. In states that are challenged by several competing nation-building projects, citizenship attribution through ethnic kinship is impossible due to lack of internal unity. The paper also analyses approaches to dual citizen-ship, identifying patterns of openness and restrictiveness. By doing so, it links the politics of citizenship to the interaction of foreign policy mechanisms in post-Yugoslav countries and identifies the points where these regimes overlap or conflict with each other.

Contesting Regimes of Post-Communist Citizenship Restitution: Analysing UK Media Coverage of ‘Paupers’ Passports

Author(s): Eleanor Knott / Language(s): English Issue: 1/2017

This paper unpacks the legitimacy gap existing between post-communist policies of citizenship restitution, the experiences of these policies, and the media coverage of these policies. Considering citizenship restitution first as analogous to property restitution, theoretically citizenship restitution appears as compensatory, to right the wrongs of communist- and Soviet-era seizures and border changes, and appears to establish citizenship restitution as a right. Using UK media coverage of Romania’s policy of citizenship restitution vis-à-vis Moldova, the paper shows the extent to which this policy is framed as an illegitimate loophole propagated by a ‘Romanian Other’ which is ‘giving out’ EU passports, exploited by an impoverished and criminal ‘Moldovan Other’, and inflicted on a ‘UK Self’ that is powerless to stem the tide of migration and block routes to gaining access to the EU via such policies. However, the paper also contrasts, and challenges, this media framing by using interviews with those acquiring Romanian citizenship in Moldova to demonstrate the extent to which acquiring Romanian citizenship in Moldova is a costly and lengthy procedure. Overall, the paper shows the extent to which citizenship restitution is a contested procedure, constructed as a right by the state seeking to compensate former citizens, and as illegitimate by those who construct a logic resulting from feeling threatened by policies of citizenship restitution.

Istopolne zajednice i deca

Author(s): Zorica Mršević / Language(s): Serbian Issue: 1/2009

Introduction comprises the information on two main forms of same sex families, civic partnership (same sex partnership) and same sex marriage. Countries and various status modalities of legal regulations are mentioned. The main part of the text is dedicated to presentation of the findings of the most recent research on various aspects regarding children of same sex partnerships. It comprises presentations grouped in four main chapters: acceptance of same sex partnerships, acceptance of legal recognition of the same sex partnerships, family plans of homosexual teenagers, and raising children within and by the same sex partners. Also the real life cases mirroring legal changes through their life destinies are presented, such is e.g. the Irish way to legalization of the same sex partnerships. In addition, a love story of two women crowned by giving birth of their four children is mentioned. Reasons against and negative reactions the author puts under the title Homophobia. In the Concluding remarks, the author presents the most recent examples of legal changes happened in Norway, Ecuador, and in the American states of California and Connecticut. It was also stated that in European countries of low birth rate, the same sex families are inevitably identified as one of demographically valuable source of creating and raising children, which is worthy to be supported, rather than being hindered without reason and discriminated. Although different than a model of heterosexual family, same sex partnerships neither are harrowing to traditional family values, nor reflex of any kind of promiscuous, antisocial behavior, avoidance of parenthood, and negation of family. Quite opposite, these families are an outcome of endeavors of homosexuals not to be deprived of family, parenthood and all of other values of stabile, monogamous, emotional/sexual socially accepted and legally recognized and regulated conventional family.

Da li je evidentirani broj abortusa u srbiji realan?

Author(s): Mirjana M. Rašević / Language(s): Serbian Issue: 2/2008

Ever since the 1990’s the number of registered abortions in Serbia has been decreasing from year to year. Are the abortion data of the Public Health Institute complete? In other words, has there been a qualitative shift in the sphere of reproductive behavior of Serbia’s population in the last two decades? This paper deals with the raised question in three ways. First, in an indirect way, by analyzing whether a radical change in birth control since the 1990’s has been possible, having in mind the complexity of the abortion issue in Serbia, as well as the broad social context regarding the last decade of the last century and beginning of this one. The second way deals more directly with the quality of the official data on abortions. Namely, the great decrease in the number of induced abortions, theoretically observed, may be a consequence of the increased level of births, or possibly acceleration in the birth control transition from the use of traditional and inefficient contraception to the usage of modern and efficient methods and means for conception control. For this reason, population fertility trends were analyzed, with a special review on the time period from the 1990’s till present day and the results of the available surveyed researches on the structure of contraception usage in order to determine whether objective assumptions exist for the decrease in the number of induced abortions or not. The third way to reach an answer to the raised question in the title was attempted by estimating the scope of induced abortions. In that sense, relevant literature was consulted and the Westoff method chosen for calculating the rate of total abortions in Serbia (excluding Kosovo and Metohia) in the year 2006. After examining the set task from all three sides, there seemed to be no doubt that the official data on the number of abortions in Serbia are not realistic. The basic reason for incomplete official data on abortions seems to be the fact that in most cases induced abortions performed in private health clinics are not included. Moreover, nurses, namely doctors often experience the filling out of prescribed forms for registration of foetal death as unnecessary, imposed, an additional obligation, without sensing the meaning and not understanding the significance of data as such. The abortion problem in Serbia is serious, complex and demands solving. This assumes the carrying out of many measures, including solving the matter of induced abortions registration. Determination of the realistic number of abortions in a community is very important, because in that way attention is drawn to this health and social problem and enables evaluation of actions to be taken for its alleviation. It remains that the state is to pay due attention to the problem of abortions in Serbia and to put private health clinics in which gynecologists perform abortions under control, as well as to promote the role and significance of statistics among health workers.

СТВАРНО ПРАВО У ВОЈВОДИНИ ИЗМЕÐУ ДВА СВЕТСКА РАТА

Author(s): Radenka Cvetić / Language(s): Serbian Issue: 125/2008

In the first part of this article, the author offers an outline of Hungarian legal sources of private law applied in Vojvodina, as they were applicable in this area due to the principle of legal continuity for private law sources in the territory of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia). The second part of the article describes the role of the Novi Sad Chamber of the Cassation Court (Chamber B) in creating the unique system of private law between world wars (denoted as mixed system of law), which is illustrated by case-law related to property law (peaceful possession and ownership rights). The author compares this system with the existing Serbian private law indicating the need to preserve well-drafted legal rules regardless of their background in order to create the space for a delicate task of interpreting and applying law.