Decyzja generalna Prezesa UKE jako nowy instrument regulacyjny

Author(s): Elżbieta Małecka / Language(s): Polish Issue: 2/2022

The goal of the paper is to present the essence and the legal nature of the general decision as a new regulatory instrument of the President of the Office of Electronic Communication. The paper will prove the following thesis: the proposed new regulatory instrument of the President of the Office of Electronic Communication will not constitute an effective mechanism of solving the matter under the Polish law. The main plane for the deliberations will be legal provisions, the project of Electronic Communication Law No. UC45 of 29th July 2020, as well as monographs and scientific papers. The following methods were applied in the study: dogmatic-legal and analytic-synthetic.

MODYfikacje gier – wybrane aspekty prawne

Author(s): Martyna Czapska / Language(s): Polish Issue: 2/2022

The article discusses the concept of video game mods, their importance for the gaming industry and selected legal aspects from the point of view of Polish law and End User License Agreements (EULA). The conclusion is that in the current legal state it is the EULAs that determine the legal status of mods by regulating the rights of game developers to mods created by gamers. Mods are a complex phenomenon, which makes their unambiguous legal classification difficult. Because of their popularity and impact on the video game industry, developers seek legal standing to use mods.

The Betrayal of the French Civil Code: A Tragedy in Three Acts

Author(s): James Gordley / Language(s): English Issue: 2/2023

French jurists have thought that their Civil Code expresses an individualism characteristic of the ideals of the French Revolution and the principles of liberalism. Property was regarded as a right of the owner that was unlimited in principle. Contract was defined in terms of the will of the parties to contract on whatever terms they chose. The drafters of the Code, however, were among the last adherents of an older natural law tradition in which the rights of an owner were limited by the purposes for which property rights were created, and the terms of a contract must be just. This article describes the drafter’s debt to that tradition and how it was ignored by jurists in the 19th century.

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

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

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

Overview of the Hungarian-Polish Legal History Student Workshops

Author(s): Norbert Varga,Benedek Varga / Language(s): English Issue: 2/2023

Ewa Michałkiewicz-Kądziela, Prawo do tożsamości człowieka w prawie polskim i międzynarodowym, C.H. Beck, Warszawa 2020

Author(s): Edyta Krzysztofik / Language(s): Polish Issue: 43 (2)/2023

Międzynarodowa Konferencja Naukowa „40 lat konwencji Narodów Zjednoczonych o prawie morza – bilans i perspektywy”, Uniwersytet Warszawski ‒ 29‒30 września 2022 roku

Author(s): Tomasz Kaminski,Karol Karski / Language(s): Polish Issue: 43 (2)/2023

Ogólnopolska Konferencja Naukowa „Sytuacja obywateli niepełnosprawnych w Polsce i na świecie z perspektywy różnych dziedzin życia społecznogospodarczego”, Szczecin, 20‒21 października 2022 roku

Author(s): Karolina Słotwińska / Language(s): Polish Issue: 43 (2)/2023

THE RIGHT TO A HEALTHY ENVIRONMENT AND SUSTAINABILITY

Author(s): Mădălina-Ioana Petrea / Language(s): English Issue: 3/2023

Climate change, especially global warming, which is at an alarming rate, makes us think about the future of the next generations and whether this future actually exists or not. The right we have to enjoy a healthy environment must be the legacy we leave behind and we have to learn to exercise it responsibly and prudently. In this context, we aimed through our research, using the method of free scientific research, to demonstrate the importance of applying the concept of sustainability in the context of exercising the right to a healthy environment. We also considered the use of the comparative method to be vital, thus observing the position other European states have on this subject, a good example being given by France, which sanctions the "ecocide". However, the process of integrating the concept of sustainability into the collective consciousness remains a goal that must be achieved in the coming years in order to ensure that future generations will have the chance to enjoy the same environment as we do.

ПО НЯКОИ ВЪПРОСИ НА ПРИВЛИЧАНЕТО НА ОБВИНЯЕМ В БЪЛГАРСКИЯ НАКАЗАТЕЛЕН ПРОЦЕС

Author(s): Gergana Marinova / Language(s): Bulgarian Issue: 2/2023

The study examines some problematic aspects of the charging decision and procedure in the pre-trial phase of the Bulgarian criminal procedure. More specifically, the following issues are discussed: the legal nature and content of the report provided for in art. 219 (1) of the Criminal Procedure Code (CPC), as well as the method of reporting; the exact moment of constituting the defendant – before or after the execution of the investigative act directed against him/her under art. 219 (2) CPC; the prerequisites for bringing charges pursuant to of art. 219 (2) CPC; the requirements of the European Court of Human Rights(ECHR) as to the first moment in which criminal charge is considered to exist and the compliance of the Bulgarian legislation with these requirements.

Znęcanie się nad słabszymi jako negatywne zjawisko obecne we współczesnym społeczeństwie

Author(s): Mariana Pavlencu / Language(s): English,Polish Issue: 3/2023

One of the pressing phenomena affecting contemporary society at the present stage is bullying. This is a serious form of aggression that can manifest itself in individuals of all ages. Within this phenomenon, there will always be an aggressor - the one who bullies, and a victim - the bullied. Both positions generate important long-term effects in the emotional development of the person. Whether they are victims, abusers or even witnesses to this process, their lives can be deeply marked by the consequences of this abusive behavior. Therefore, the detection and correction of such behavior is a priority for the subjects of the given phenomenon

Wpływ cyberzagrożeń na funkcjonowanie organizacji

Author(s): Michał Tuz / Language(s): English,Polish Issue: 3/2023

The purpose of this article is to examine an organisation's preparedness for internal cyber threats. Every year, more and more sophisticated cybercrimes are being committed and the scale of these incidents is increasing both quantitatively and qualitatively. Increasing amounts of money are being stolen, more and more sensitive information is being acquired and the impact of individual attacks is becoming more severe. Organisations are an increasingly attractive target for cybercriminals. A target both directly and as a starting point for larger attacks. This puts them under immense pressure, especially when it comes to selecting and updating their tools and security practices. The current business landscape means that every organisation is potentially at risk - regardless of size. The development of information and communication technologies has resulted in an exceptional ease of access to and exchange of information. This availability of information as a result of the IT revolution has created the basis for the integration of knowledge, technology, economy and culture, evolving in effect into an information society. Information has become an essential economic good, conditioning social development, but also posing significant social, economic or cultural risks to this development.The development of the information society and newer and newer technologies in ICT systems, in addition to the obvious benefits, introduce threats to the security of both the systems themselves and the information processed and transmitted using them. The most common forms of ICT threats are hacking, hacktivism, cybercrime, cyberterrorism, cyber espionage, the use of cyberspace for military operations or the effects of uncontrolled use of the Internet in the social sphere. The article presents the types of cyber attacks, new models and techniques of cyber criminals and the results of own research on cyber threats in 500 organisations

History, Structure and Management of Private-State Military Groups— Legionnaires and Wagnerians

Author(s): Magdalena Ickiewicz‑Sawicka / Language(s): English Issue: 1/2023

The article contains considerations on the organisational, on the creation, functioning and management of illegal armedforces remaining outside the official control of the state — private military companies (PMCs)2 but also informal groups suchas the Wagner Group, which has an extremely unclear status. The text consists of three main parts. The first explains the conceptof ‘mercenary’ in international public law, the second describes the first modern mercenary group, the French Foreign Legion, andthe third provides information on the Wagner Group, a private Russian mercenary army. The text includes an introduction anda summary. The main purpose of the article is to present the origins, essence and methods of operation of the French Foreign Legionand the Wagner Group in the context of national, international and even global security. It further intends to show the reader theextremely illegal and criminal practice of modern mercenaries using extremely brutal, and sometimes even atavistic violence

Naturalisations in the Independent State of Croatia

Author(s): Ivan Kosnica / Language(s): English Issue: 2/2023

The article addresses the issue of naturalisations as a way of acquisition of citizenship in the Independent State of Croatia. The research question we deal with in this paper relates to legal regulations and the practise of naturalisations. Since the topic is still not adequately researched, the article relies mainly on archival sources available in the Croatian National Archives and relevant legislation. The author analysed various aspects of naturalisations that were going on a central as well as on the local level.

Die Armenfürsorge als Rechtsproblem in der Österreichischen Monarchie

Author(s): Zdeňka Stoklásková / Language(s): German Issue: 2/2023

This study examines the origin of legal tools for the creation of systematic poor relief in the Austrian monarchy from the period of Joseph II. It is possible to find a certain kind of legal protection for Austrian state citizens in Joseph’s Civil Code from 1786 and in the General Civil Code from 1811. The paper analyses the legal principles leading to the establishment of the home community principle for Austrian state citizens, which was essential for providing aid to the poor. Attention focuses on an interpretation of problematic legal terms such as “home settling” or “häusliche Niederlassung“, the implementation of which was resolved in legal disputes between state authorities. The author discusses the decrees of the Supreme Court of Justice in Vienna from the last quarter of the 19th century which concerned disputes between municipalities relating to the reimbursement of the costs of poor relief.

In XII minuendi sumptus sunt lamentationisque funeris – sed ea non tam ad religionem spectant quam ad ius sepulcrorum: Restrictions on Funeral Luxury in Rome

Author(s): János Erdődy / Language(s): English Issue: 2/2023

The legal attempts to curb funeral lavishness and extravagance come into two groups: the first includes the provisions of the Law of the XII Tables, the second the lex Cornelia sumptuaria (81 BC), and the leges Iuliae sumptuariae (46 BC, 18 AD) (Rotondi, Sauerwein). In this presentation, the focus is drawn to the provisions in the XII tables. In ancient law, funeral sumptuousness was mainly regulated by the Law of the XII Tables. Prior to the early Republic, some restrictive measures appeared in the so-called leges regiae. Spectacular, artistically designed, and expensive funeral ceremonies and processions were not far from the Roman thought. As a result, the provisions on Table X restricting these lavish ceremonies could be considered as direct precursors of leges sumptuariae (Sauerwein) since the immoderate spending constituted a substantial and profound social problem, even though this excess was available only to the upper class. The casuistic and detailed rules of the XII Tables suggest that the extravagance of funerals and burials could not be categorically severed from the worship of the gods. Therefore these rules are directly related to religio. The sources include Cicero’s texts in De legibus, Polybios’ detailed account of Roman funeral rites, and Pliny the Elder’s reports on funeral customs. These texts show that many rituals were associated with worshipping the gods and sacrificial rites. This circumstance underpins the religious origin and character of these rules. At this point, however, interesting questions arise from this observation. Why is the ius sepulcrorum linked with religio? Did the proper worship of the gods serve as a sufficient justification for more intensive obedience?

Undue Influence as a Civil Law Concept in the Hungarian Legislation and Judicial Practice (Investigation of the Drafts of the Hungarian Civil Code between 1900 and 1928 and the Corresponding Literature and Practice)

Author(s): Réka Pusztahelyi / Language(s): English Issue: 2/2023

At the very beginning of the twentieth century, during the period of heightened endeavours for the codification of the private law in Hungary, not only the influence of the “great” civil codes (BGB, ABGB, ZGB) was observable. This paper aims to demonstrate the special impact (or, unique renaissance) of the English equity doctrine of undue influence, among the invalidity rules concerning juridical acts, contracts or testaments. Since this examination cannot be carried on separately from scrutinising the legal thoughts and legislation on immoral and usurious contracts, after some general remarks, this work deals with relevant issues of the Hungarian legislation of usury, independently of civil code drafts or embedded into them. Then, it demonstrates the emergence of the undue influence doctrine in the academic discussion, in the civil code drafts and parallelly, in judicial practice. At this point, we should highlight the special interplay between these “sources of legal thinking”, and as a consequence, how the approach to the notion of undue influence was forming in that period, alongside the draft texts (from the year 1900) up to the Proposal for a Private Law Bill (Private Law Bill, 1928). Although this writing focuses on invalidity issues of contractual transactions, one chapter is dedicated to showing the development of the concept of undue influence relating to testamentary dispositions.

The Political Contestation, Interests, and Domestic Politics in Islamic Boarding Schools Law

Author(s): Ahmad Jafar / Language(s): English Issue: 116/2023

Islamic boarding schools did not receive juridical recognition from the state for a long time, so their graduates were often not recognized. During the time of President Jokowi, radical changes occurred. Islamic boarding schools were recognized and designated as educational institutions like public education institutions. The state recognized the existence of theses schools with the declaration of Law Number 18 of 2019 concerning Islamic boarding schools. However, the law was met with positive and negative reactions, especially among Islamic groups. The research delves into the questions why the law was met by pros and cons, what caused them, how the contestation was expressed in the ratification of the Islamic boarding school law. The research has employed the social theory of Pierre Bourdieu to analyze the contestation model. The findings of the present research indicate that the contestation on the formulation of the Islamic boarding school law had occurred before the law was declared. The pro and contra groups split into two big poles, consisting of the pro groups driven by the Islamic organization Nahdlatul Ulama (NU) and the contra groups by the Islamic organization Muhammadiyah. The article focuses on their contestation and the consequences that led to the current situation in the country.

Soudní proces ruského kněze Nikolaje Nikolajeviče Ryžkova

Author(s): Isabela Vaverková / Language(s): Czech Issue: 2/2023

The text focuses on the Russian Orthodox priest Nikolay Nikolayevich Ryzhkov, who was appointed to work in Czech Orthodox churches at the beginning of the 20th century. During that period, many people in the Czech lands converted to Or¬thodoxy and Ryzhkov was one of the leading organizers of Orthodox life. His activity spanned a number of fields. The main aim of the paper is to point out Ryzhkov’s activ¬ity, which left a considerable mark in the Czech context. The study also focuses on the society of Pravoslavná beseda where Ryzhkov presided in 1909–1911. Ryzhkov’s activi¬ties were cruelly punished when he was accused of plotting against Austria, and he was found guilty of Panslavic propaganda amongst Czechs by a court in Vienna. He was also accused of organizing and inciting steps leading to intervening with the unity and security of the Austrian-Hungarian Empire. The goal of this work is to introduce the circumstances of the trial, the interpretation of the court file and the reaction of Ry¬zhkov to the arrest and conviction. We will attempt to answer the question on what charges the suspicion of treasonable activity arose and what circumstances led to these conclusions. A part of the text will also be devoted to Ryzhkov’s appeal, in which he highlighted some problematic aspects of the trial process and the prosecution itself, as well as his familiarity with the court file.

Интервю с г-н Веселин Тодоров: изпълнителен директор на Сиела Норма АД

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 4/2023