Ramy prawne aspektow sharing economy w Polsce

Author(s): Wojciech Nadolski,Aleksandra Nadolska / Language(s): Polish Issue: 2/2019

Basing on general theories on the sharing economy, the authors describe the key concepts of legal framework governing that phenomenon, which arise at the EU level and the national one, in particular regarding such issues as tax and economic law as consumer protection. The phenomenon is not only a matter of theory and law, because the sharing economy is an important part of everyday life, while its economic significance clearly translates into market values. The study does not exhaust legal and tax aspects of the sharing economy, which are extremely complex and multi-faceted.

Rola Trybunału Konstytucyjnego w procedurze impeachmentu w Korei Południowej

Author(s): Siin Choi / Language(s): Polish Issue: 2/2019

The author describes the history and functioning of the Constitutional Tribunal of the Republic of Korea. The article also discusses the procedure of impeachment in the South Korean system since the adoption of the Constitution in 1948. The author focuses primarily on the development of Korean legislation regarding the above-mentioned impeachment procedure.

Skutki braku uwzględnienia wniosku Państwowej Komisji Wyborczej w sprawie zmian okręgow wyborczych w wyborach do Sejmu i Senatu

Author(s): Piotr Chybalski / Language(s): Polish Issue: 2/2019

The author stated that the lack of complying with the National Electoral Commission’s proposal on changes in electoral districts in the elections to the Sejm and Senate will result in an internal inconsistency of the Electoral Code with regard to elections to the Sejm. It will also cause a violation of the constitutional principle of equality in elections. On the other hand elections conducted in accordance with the legal framework without the NEC’s proposal will be valid. Doubts as to the validity of the elections may arise, if the Constitutional Tribunal considers the current provisions (i.e. not-amended as the NEC suggested) unconstitutional.

Ocena rządowego projektu nowelizacji ustawy – Prawo atomowe oraz ustawy o ochronie przeciwpożarowej

Author(s): Cezary Mik / Language(s): Polish Issue: 2/2019

The author indicates that the purpose of the bill is to comply with obligations arising from the European Union law and international law. The project concerns the implementation in national law of provisions of Council directives introducing basic nuclear safety standards for protection against dangers arising from exposure to ionizing radiation. The proposed legal changes result from recommendations included in the perortof the International Atomic Energy Agency.

Ocena rządowego projektu nowelizacji ustawy – Prawo o postępowaniu przed sądami administracyjnymi oraz niektorych innych ustaw

Author(s): Beata Bińkowska / Language(s): Polish Issue: 2/2019

The reason for introducing amendments to statutes is the intention to adapt the concepts and requirements of administrative court proceedings to the ones contained in the Code of Civil Procedure. According to the author’s opinion, the bill may be subject to further legislative procedures, however, with regard to the scope of the amendment’s subject matter, some legal doubts arise in certain areas. The author points out, inter alia, that the proposed changes may cause temporary organizational difficulties in the administrative courts. In the author’s opinion, introduction of a personal signature as one of the methods of authentication or signing of an electronic document will facilitate the preparation of electronic documents in the course of proceedings before administrative courts. The author also notes some inaccuracies and editorial errors in the bill.

Ocena komisyjnego projektu nowelizacji ustawy o gospodarce nieruchomościami

Author(s): Marek Szydło / Language(s): Polish Issue: 2/2019

In the author’s opinion, with regard to the use of reliefs in connection with the imposition of the adjacency fee the bill is insufficiently consistent with constitutional principles, in particular with the constitutional principle of equality before the law. De lege ferenda the provisions of this bill should optimize the implementation of relevant constitutional standards. However, the author points out, that the committee’s bill is consistent with the provisions of the European Union law concerning state aid. It is also emphasized in the article that the provisions of the bill contain many technical and legislative defects, which de lege ferenda should be eliminated.

Ocena komisyjnego projektu nowelizacji ustawy o gospodarce nieruchomościami

Author(s): Henryk Dzwonkowski / Language(s): Polish Issue: 2/2019

he author assesses that it is a legitimate intention to introduce into the legal system regulations providing for the possibility of an effective reaction of selfgovernment bodies to extreme cases of unjustified differentiation of the legal situation and, consequently, the financial one of individual owners of properties on which the adjacency fee is imposed. However, there are serious doubts as to the purposefulness of proceeding the bill, what results from a parallel legislative process, regarding a governmental bill which also covers the issue of the application of reliefs in connection with the imposition of an adjacency fee. The author points out that the legal means planned by the authors of the amendment are inappropriate with regard to the purpose of the statute, because they are connected to norms applied only in relation to civil law receivables, in a situation where the adjacency fee is strictly of a public law nature.

Wykorzystanie zapisu audialnego uzyskanego w postępowaniu karnym jako dowodu w postępowaniu w sprawie pociągnięcia do odpowiedzialności konstytucyjnej

Author(s): Barbara Janusz-Pohl / Language(s): Polish Issue: 2/2019

According to the author’s opinion, the Constitutional Accountability Committee is entitled to request written explanations or documents from public authorities, as well as the files of each case conducted by them. The Committee is therefore entitled to obtain an audio recording for evidentiary purposes. According to the author, it is also permissible for the Committee to carry out such evidence, if it is requested by a person who is the subject of a preliminary motion to hold the person accountable before the Tribunal of State. Transcriptions and other documents made on the basis of the recordings may also serve as evidence in proceedings pending before the Constitutional Accountability Committee.

Ocena rządowego projektu nowelizacji ustawy o podatku od towarow i usług oraz ustawy – Ordynacja podatkowa

Author(s): Jacek Kulicki / Language(s): Polish Issue: 2/2019

In the author’s opinion the proposed change in the way of identifying goods and services for VAT purposes, taking as a point of reference the coherence with the EU law, should be assessed positively. The consequence of these changes will be a reduction in the tax rate regarding books and electronic journals. However, raising the tax rate for, among others, certain fruit drinks may have negative economic, social and political consequences. According to the author, increasing VAT rates should be justified for both economic and social reasons.

Ocena rządowego projektu ustawy o jednorazowym świadczeniu pieniężnym dla emerytow i rencistow w 2019 r.

Author(s): Zofia Szpringer / Language(s): Polish Issue: 2/2019

The governmental bill implements of the announced, socalled “thirteenth” pension benefit for each retired citizen. The author estimates that the act aims at reducing income disparities in society, and the government’s bill effectively implements this social objective. This law has far-reaching financial consequences, which may cause the need for transfers in the budget and financial plans of state special purpose funds. In the author’s opinion, this may lead to an amendment of the budget law increasing the level of the budget deficit, especially if other electoral promises will be implemented or economic downturn will occur.

Ocena rządowego projektu ustawy o jednorazowym świadczeniu pieniężnym dla emerytow i rencistow w 2019 r.

Author(s): Magdalena Szczepańska / Language(s): Polish Issue: 2/2019

The introduction of a one-off cash benefit for pensioners and disability pensioners in 2019 is aimed at reducing income disparities in society. The group of beneficiaries specified in the Act includes various groups of pensioners and is broader than the group pensioners specified in the title of the Act. The author notes that the right to a one-off cash benefit for all pensioners, regardless of their individual pension amount, is a very favourable solution for persons with lower benefits.

Możliwość zatrudniania przez wojta pełnomocnikow na podstawie umów cywilnoprawnych

Author(s): Irena Galińska-Rączy / Language(s): Polish Issue: 2/2019

The professional performance of public tasks results in the necessity to employ persons who treat the performance of these tasks as a profession and therefore should be employed within the framework of an employment relationship. Therefore, it is not possible to employ proxies under a civil law contract to perform official tasks. Employment on such a position under a civil-law contract can be assessed as a circumvention of rules, according to which local government employees should be employed – including the rules established in terms of recruitment, qualifications and duties.

Możliwość dochodzenia przez byłych właścicieli lub ich następców prawnych zwrotu nieruchomości, które zostały przejęte na własność Skarbu Państwa na podstawie dekretu z 1949 r.

Author(s): Jolanta Waszczuk-Napiórkowska / Language(s): Polish Issue: 2/2019

In the light of applicable regulations former owners of real estates or their legal successors have the right to demand the return of real estates taken over by the State Treasury pursuant to provisions of the Decree of 27 July 1949 or have the right to claim compensation only if, in the course of supervisory control, the voivode states that the decision of the Presidium of the Poviat National Council, on the basis of which the loss of property occurred, is invalid or considers, that the decision was made illegally. In the current legal situation former owners or their legal successors have no legal instruments to enforce any reprivatisation claims they may have: the return of real estate or compensation.

Tryb wyboru przewodniczącego komisji rewizyjnej sejmiku wojewodztwa

Author(s): Wojciech Odrowąż-Sypniewski / Language(s): Polish Issue: 2/2019

According to the Act on Voivodeship Self-Government, the chairman of the Audit Committee must be a member of the largest club of councilors. The fact, that submission of a candidacy meeting this requirement requires the approval of the largest political club, is determined by non-legal circumstances (political pragmatism), not normative ones. The composition of the committee must also comply with absolute statutory requirements. The author also points out that the paralysis of the audit committee due to the failure to appoint the chairman may lead to the suspension of the voivodeship self-government bodies and the establishment of a commissioner’s board on the basis of relevant rules.

Ocena zgodności z Konstytucją przepisów ustawy o inwestycjach w zakresie elektrowni wiatrowych

Author(s): Zbigniew Gromek / Language(s): Polish Issue: 2/2019

The provisions reviewed by the Constitutional Tribunal concern the location of wind farms in Poland. The applications of a group of Deputies contained concerns regarding, inter alia, the distance between wind turbines and residential buildings, as well as the impact of these facilities on natural environment. According to opinion, the location of the power plant only on the basis of a spatial development plan does conform to the Constitution. Before the act came into force, the construction of a wind farm could also take place in an area uncovered by the spatial development plan. On the other hand, provisions regarding cancellation of initiated or unfinished proceedings regarding a decision on development conditions relating conform to the Constitution.

O. Marian Żelazek kandydatem na ołtarze

Author(s): Andrzej Danilewicz / Language(s): Polish Issue: 1/2019

Sprawozdanie: Sympozjum Tatarzy w Polsce – Tatarzy na świecie, Misyjne Seminarium Duchowne Księży Werbistów w Pieniężnie, 27-28.04.2019 r.

Author(s): Adam Michałek / Language(s): Polish Issue: 1/2019

„Doregulacja”. Nieprecyzyjność prawa jako nowa przyczyna wyznaczania standardów postępowania przez organizacje branżowe w procesie samoregulacji

Author(s): Robert Sroka / Language(s): Polish Issue: 2/2019

Over the last few years, a change has been noticed in the approach to shaping legal regulations in the economic field, and this has become the motive for a new approach to self-regulation. The change consists in the fact that the legislator mainly defines the purpose of a regulation, the regulatory framework, and the sanctions. However, it does not contain specific provisions indicating how an economic entity should fulfill the purpose of a given regulation. Thus, it leaves the broad sphere undefined. The legislator indicates what is expected, what the sanction for non-compliance will be, but it does not indicate exactly how business owners should achieve this compliance. The aim of the article is to describe a new trend of self-regulation, from the perspective of the role that industry organizations can play. Three examples of new acts in the field of commercial law are analyzed, which are characterized by a lack of clarity and are part of the case-law framework. Two initiatives of an industry organization which clarify unclear legal provisions are pointed out. The analyses make it possible to state that the industry organizations are able to take responsibility for interpretations of imprecise regulations in the field of commercial law. The organizations are also able to set standards of conduct and develop industry self-regulation so that they are respected by the industry and the legislator as a response to the new model of shaping the law.

Firma jako wartość dla przedsiębiorcy

Author(s): Sławomir Kamosiński / Language(s): Polish Issue: 2/2019

In this paper I propose to show a problem that at first sight seems clear, and thus “non-scientific”; however, after a closer look at the source material, it proves to be an important factor for contemporary entrepreneurs conducting business activities. The scientific issue is encapsulated in a concise statement: the company as a value for the entrepreneur. In order to develop the presented thesis, one must point to the fact that a company that has been established by an entrepreneur has a particular value for him, both in the material sense (its valuation on the market), and in an immaterial sense (as a symbolic value). It seems that the symbolic value greatly exceeds the material value, if we consider the entrepreneur’s perspective. Analysis of the value of a company throughout the research allows us to perceive it as the actual fulfillment of an entrepreneur’s life plans, as a workplace and a family value (frequently called the family gem). The enterprise, which is at the same time a brand, is very often the entrepreneur’s brand certificate. The social involvement of the entrepreneur and the formation of an integrated, loyal team of employees are also values in themselves. Considering the non-material value, the enterprise allows the entrepreneur and the employees to meet their needs of self-realization and appreciation. The paper was prepared based on an analysis of answers entrepreneurs gave to specialist periodicals and popular dailies. In addition, I have used my own research, conducted in 2017, among entrepreneurs who represent the small and medium enterprise sector located in towns and villages.

Ewolucja systemu gospodarczego Rosji: uwarunkowania, etapy i perspektywy zmian

Author(s): Monika Fiedorczuk / Language(s): Polish Issue: 2/2019

The political and economic reforms in Russia since the beginning of the 1990s have made it possible to build a new economic system. Over more than 25 years, this system has evolved under the influence of, among others, economic and financial crises, which resulted in changes in the role of the state, ownership structure and the specificity of the corporate sector. The main goal of the paper is to identify the key elements and features of the economic system in Russia in the specified stages of its evolution and to indicate the perspectives of changes. To achieve this goal, an in-depth analysis was made of the literature and statistical data. The author puts forward the thesis that there are still some premises of the evolution of the economic system in Russia which resulted from the need for structural changes and the exhaustion of the current model of economic growth. However, in the immediate future, the economic system in Russia will not evolve significantly because of the economic stability and the lack of political will to make significant reforms.