Stosunki między mieszkańcami miasta Knyszyna a żołnierzami wojsk koronnych w latach 1650–1651 w świetle ksiąg wójtowskich

Author(s): Łukasz Gołaszewski / Language(s): Polish Issue: 1/2016

The article discusses the relationships between the residents of the town Knyszyn inthe Polish-Lithuanian Commonwealth and the soldiers of the state army quartered in thetown in 1650–51. The surviving excerpts from the records of the municipal court contain awide array of cases (albeit always making use of physical violence) against the townspeople, who made use of soldiers in confl icts with their neighbours. On the other hand, the presenceof soldiers let the townspeople trade with soldiers and their servants, and also levelcertain moral charges against the neighbours. Due to legal complexities, these were notthe soldiers who were summoned to the municipal courts but rather the neighbours who supposedly inspired violent soldier behaviours.

Postępowanie o ubezwłasnowolnienie na tle akt Sądu Okręgowego w Krakowie z 1949 roku

Author(s): Sylwia Przewoźnik / Language(s): Polish Issue: 1/2014

On the grounds of post-war legislation, guardianship affected people who were not capable of independent management of their own affairs, and care for their own well-being. This first of all concerned persons with psychological conditions, mental deficiency, and ones whose psychological disorders were related to alcohol abuse, and wasteful mismanagement. The practice of guardianship was aimed at helping the people unable to manage their conduct and/or their affairs independently. Protection of personal and property interest of these people sometimes required that their capacity to legal transactions had to be limited, or else that they were entirely bereft of it. Guardianship was applied when, due to the state of their health, a person was not capable of making conscious decisions. The legislator envisaged two types of guardianship: partial, which meant that a person subjected to it concluded legal actions on his of their own, while to have them valid, a consent of the guardian was necessary. On the other hand, such a person could make decisions concerning minor life affairs on his or her own. In turn, the plenary guardianship bereft one of the possibility of performing legal transactions, and had them represented in all legal matters by the legal guardian appointed by the court.

Państwowość konspiracyjna w edukacyjnych narracjach historycznoprawnych

Author(s): Eugeniusz Hull / Language(s): Polish Issue: 1/2013

The functioning of institutional clandestine life covering the political, civil, and military realms made it possible to fulfil the basic tasks of the state. Such a state had at its disposal, the system of central and regional administration, clandestine military organisation, organs of justice, a system of education, a publishing network, and ample political, cultural, and social life. The underground forms of law enforcement were present in two institutional structures. In the executive branch, it was the Government Delegation for Poland and the underground courts. Also party courts were in operation. In academic legal education, the occupation of Poland during the second world war is an element of the second world war narrative, and the construction of the notion of the underground state turns up in the historical and legal description of 20th-century Polish statehood and in the investigation of the history of state administration and administration concepts. In both the areas, the term “Polish underground state” has been present since the end of the previous century.

Podstawy prawne organizacji i zasady postępowania w sądownictwie Polskiego Państwa Podziemnego

Author(s): Edyta Kurkowska / Language(s): Polish Issue: 1/2012

The failure to meet the objectives by the civil and military arms of the judiciary of the Second Republic of Poland under wartime occupation made the Polish Underground State start the construction of the judiciary from a scratch. Soldiers and civilians who committed crimes in military organisations were in the jurisdiction of the newly established special military courts. To punish the civilians who committed heavy crimes against the interests of the Polish state, nation, and citizens that required immediate reaction, special civil courts were established. The clandestine judiciary was complemented with judging commissions whose goal was to provide an educational impact on the society in the spirit of reinforcing patriotic, civic, and moral stances. The underground criminal trial was subordinated to the need of preserving maximum conspiracy. Procedures were simplified as far as was possible, and the process guarantees of the accused were drastically reduced, as the accused had no opportunity to become familiar with the charges, submit evidence, or use legal support. At the same time, as far as possible, emphasis was laid on evidence-based investigation and expertise of the judges. Special courts were composed of people with high qualifications, who made sure that all the data about the accused were based on credible sources of information proven to the maximum extent. The published sentences proved to the society that law and the code of civic morality still bind, and the Polish Underground State carries its functions also in the area of the judiciary.

Realizacja prawa do polemiki naukowej

Author(s): Izabela Lewandowska-Malec / Language(s): Polish Issue: 1/2012

Regulations do not specify the conditions defining the right to scientific polemic for the author of a reviewed publication. No answers are found in press law, recently significantly amended. Due to the lack of norm-setting standards, no more than comparisons can be made between the position of a person intending to react to press publications and the author of a scientific publication. The press law abandoned the formula of an answer (odpowiedź), remaining content with correction (sprostowanie), which may refer only to facts, and not to evaluations. Both a review (reviewing article) (recenzja (artykuł recenzyjny)) and the answer to it may provide grounds for conflict with criminal or civil law; many reviews are of strongly critical nature. Emerging from the passion of a polemic is the danger of slandering the opponent, or tarnishing their good name. In recognition of the countertype of “the right to scientific criticism”, not ensconced in the acts of law, Polish courts, however, consider whether the right was not abused by personal hints about the other party of the scientific dispute. In such circumstances, a threat of sentencing from the Art. 212 of the Criminal Code becomes real. The verdicts of the European Court of Human Rights in Strasbourg in the matter are quite to the contrary. In one of the cases, Strasbourg judges pronounced that using criminal law in the context of scientific criticism must set a profound challenge to the freedom that researchers should use as part of their scientific work. Releasing from criminal responsibility, these rules should also be transferred to the premises of civil law, in reference to the Art. 23 of the Civil Code that envisages liability for injuring good name or reputation of another person.

Akcja Oszczędnościowa i jej wpływ na reorganizację ustroju i zmianę kompetencji Prokuratorii Generalnej Rzeczypospolitej Polskiej w 1924 r.

Author(s): Marek Tkaczuk / Language(s): Polish Issue: 1/2007

Przestępstwo szpiegostwa po nowemu, czyli w świetle nowelizacji Kodeksu karnego z 17 sierpnia 2023 roku

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 30/2024

The study analysed the scope of changes in the criminalisation of the crime of espionage in Poland that took place with the amendment to the Criminal Code of 17 August 2023, as well as the systemic changes introduced by it in eight other laws, including the competency laws of all Polish special services. The amendments were introduced to increase the powers to combat this type of crime. The primary objective of the analysis was an attempt to answer the question of whether the scope of the changes introduced corresponds to the demands made by legal doctrine as well as practitioners involved in combating espionage in Poland, consequently adjusting the legal state to the current geopolitical situation, mainly related to aggressive non-military actions described in the doctrines of war. The analysis of the introduced changes was shown against the background of the legislative process of the indicated law, and especially the discussion that took place within its framework, without which a proper understanding of the changes would not be possible.

The crime of espionage in new terms, i.e. in light of amendment to the Criminal Code of 17 August 2023

Author(s): Piotr Burczaniuk / Language(s): English Issue: 30/2024

The study analysed the scope of changes in the criminalisation of the crime of espionage in Poland that took place with the amendment to the Criminal Code of 17 August 2023, as well as the systemic changes introduced by it in eight other laws, including the competency laws of all Polish special services. The amendments were introduced to increase the powers to combat this type of crime. The primary objective of the analysis was an attempt to answer the question of whether the scope of the changes introduced corresponds to the demands made by legal doctrine as well as practitioners involved in combating espionage in Poland, consequently adjusting the legal state to the current geopolitical situation, mainly related to aggressive non-military actions described in the doctrines of war. The analysis of the introduced changes was shown against the background of the legislative process of the indicated law, and especially the discussion that took place within its framework, without which a proper understanding of the changes would not be possible.

Konstytucyjne prawo równego dostępu do służby publicznej a instytucja podwójnego obywatelstwa

Author(s): Adam Bodnar,Adam Ploszka / Language(s): Polish Issue: 4/2023

The “Law and Justice” government in Poland in 2016–2020 conducted a controversial “judicial reform”. As a result, access to the profession of judge and prosecutor for people with dual citizenship was initially denied and eventually significantly restricted. In this piece, we analyze these legislative changes through the lens of their conformity with the Polish Constitution, in particular with the constitutional right of access to public service, as well as with Poland’s binding international law. We are also critically examining the arguments raised to justify these regulations and identifying the effects of their implementation. We argue that depriving people of multiple citizenship of access to the judge or prosecutor profession violates the Polish Constitution, as well as international law.

Status prawny komisarza wyborczego jako organu administracji wyborczej

Author(s): Mateusz Radajewski / Language(s): Polish Issue: 4/2023

The subject of this article is the legal status of an election commissioner as an authority of election administration. The starting point for further analyses is the reconstruction of the basic aspects of an electoral commissioner’s status. In this respect, it is pointed out, among other things, the consequences of defining him as a “plenipotentiary of the State Electoral Commission” and the necessity to understand this phrase in a non-civilist way. The following part discusses the issue of tasks and competences of election commissioners. The author notes the unconstitutionality of entrusting election commissioners with the creation of polling districts and electoral districts in local government elections. A further subject of analysis is the procedure for appointing election commissioners. The participation of the minister responsible for internal affairs in it is criticised. The author also reflects on issues related to the conditions of performing the function of commissioner, such as remuneration or temporary inability to perform the function. In this respect, among other things, it is pointed out that the election commissioner does not perform his/her function within the framework of an employment relationship, but within the framework of a non-employee employment relationship of a constitutional nature. A separate issue discussed in the article is the question of premature termination of the function of the election commissioner. The author draws attention, inter alia, to the problems related to the legislator’s provision that the function expires by operation of law in the event of the fulfilment of an unspecified condition of carrying out unacceptable activities. It is also emphasised that an electoral commissioner who has been removed from office before the expiry of his or her term of office has the right to lodge a complaint on this matter with the administrative court. The article ends with the most important final conclusions concerning the analysed issues.

A Handful of Remarks on the “Terminology Reference for the Science of Psychophysiological Detection of Deception”

Author(s): Jan Widacki / Language(s): English Issue: 1 (59)/2024

I find it appropriate to commence by recalling that the realisation that one of the defining characteristics of a science (or its field) that allows for its recognition as distinct and mature, alongside its subject of study and methods of research, is its language dates back to as early as the mid-19th century (Okasha, 2016). Contemporary scientific methodology demands that each science must have a specific subject and objective distinct from other sciences, as well as its own unique language so that it makes use of clearly defined and named concepts (Humphreys, 2014).

Dostosowanie polskiego prawa lotniczego do standardów europejskich w zakresie bezpieczeństwa

Author(s): Dorota Czermińska / Language(s): Polish Issue: 1/2024

The article examines the process of adapting Polish aviation law to European standarts, focusing on aspects of saftey and criminal procedures. It analyzes the requirements of EU Directive 996/2010, which focuses on improving aviation safety through prevention rather than establshing blame. The role of independent investigative bodies is highlighted maintaining the objectivity of investigations and publishing results, contributing to transparecy, public eductaion, and the improvement of safety practices. The article also discusses the benefits of publishing reports, such as eduction the public, enhancing aviation procedures, and supporting the families of victims. The importance of continuously improving aviation practices in the context of international safety standards is emphasized.

NATIONAL REFERENDUM IN REPUBLIC OF BULGARIA

Author(s): Maria Neikova,Barbara Węglarz / Language(s): English Issue: 1/2023

A referendum, which is a form of expressing the will of citizens, plays an important role in democratic state systems. It is a tool that complements the model of representative power that is dominant in many countries, allowing citizens to directly participate in the decision-making process. In this context, the referendum, as a tool that complements the representative form of government, has found its place in the constitutions of many post-communist countries in Europe, including Bulgaria. The article presents an analysis of the national referendums of this Balkan country, taking into account both the historical context and current legal provisions regulating this form of civic participation. The analysis is based on a review of legal provisions and a study of historical examples of referendums in Bulgaria, including those related to political transformations after the communist period. In the context of the current challenges of democracy and public participation, the analysis of national referendums in Bulgaria aims to provide a deeper understanding of the role of this form of direct democracy in the Bulgarian political system and the possible implications for the future of citizen participation in the decision-making process.

Aspekty prawa kanonicznego i prawa świeckiego w związku małżeńskim

Author(s): Kamila Remiszewska,Adrianna Ruszkiewicz / Language(s): Polish Issue: 1/2024

The article presents the marital union from the perspectives of canonical law and secular law, two distinct legal systems. It focuses on a comparative analysis of the theoretical and practical aspects related to marriage, taking into account the influence of faith and societal norms on its regulations. Through an in-depth examination of these two legal systems, the paper aims to better understand both the complexities and similarities between them and to identify areas of conflict or synergy. It aims to provide a comprehensive view of the essence and functioning of the marital union, considering both its spiritual and social dimensions.

DIGITAL LEARNING IN LEGAL EDUCATION: EDUCATIONAL POLICIES, PRACTICES, AND POTENTIALS OF PEDAGOGY-DRIVEN DIGITAL INTEGRATION

Author(s): Gordana Ignjatović / Language(s): English Issue: 1/2024

This review research paper provides an insight into the broad framework of Digital Learning. The first part of the paper presents the conceptual, structural and pedagogical framework of Digital Learning, with reference to global, regional and national policies, instruction models and underlying digital integration processes. The second part examines Digital Learning in legal education and practices in developed countries, in Serbia, and at the Faculty of Law, University of Niš, before, during and after the Covid-19 pandemic. Based on the research findings and experiences from the first e-learning experience at the LF Niš (March 2020-May 2022), the author provides a brief analysis of Digital Learning and outlines the opportunities for a systemic integration of flexible Digital Learning formats into the contemporary legal education for academic, professional and work-related training purposes.

THE HANDBOOK ON FEMALE CRIMINALITY IN THE FORMER YUGOSLAV COUNTRIES, Angelina Stanojoska, Darko Dimovski and Elena Maksimova Springer

Author(s): Filip Mirić / Language(s): English Issue: 1/2024

Apart from the common legal tradition, the countries of the former SFRY also share the challenges they face when studying certain forms of criminality. The criminality of women is rarely analyzed in the criminological and criminal law literature. One of the possible reasons is that, in criminological studies, women are most often analyzed as victims of crime, and very rarely as perpetrators of criminal acts. The editors of the Handbook on Female Criminality in the Former Yugoslav Countries, Angelina Stanojoska, Darko Dimovski and Elena Maksimova, tried to eliminate this shortcoming. An important qualitative property of this book is the comparative approach to the study of female criminality in the countries of the former SFRY. Consistently applied in the presented articles, this approach is highly relevant for observing female criminality in specific contexts, taking into account all the historical, legal and social specificities of each individual state created after the disintegration of the former SFRY. In ten unique criminological studies, the authors analyze the criminality of women in Serbia, Montenegro, North Macedonia, Croatia, Bosnia and Herzegovina, and Slovenia, but the comparative approach ensures that the Handbook represents a unique whole rather than a collection of individual studies. The authors of research studies presented in this monograph are university professors with many years of scientific experience in the study of crime in general, and women's crime in particular.

Vietnam’s cultural heritage protection laws (1900–2023) and their pros & cons from the position of Vietnam’s new generation: Case studies

Author(s): Nguyen Le Uyen Phuong / Language(s): English Issue: 25/2024

The article aims, first, to examine the evolution of cultural heritage protection in Vietnam from 1900 to 2023, focusing on the Vietnam War, renovation (1980–2000), and international integration (since 1987). Second, it analyses the Cultural Heritage Law 2001 and the Amending of Cultural Heritage Law 2009, the two main texts governing this field. Third, it presents case studies of the challenges and successes of cultural heritage protection as it is perceived by the Vietnamese new generation and by the Vietnam government as part of the market economy.The author observe that historical events strongly shaped the Vietnamese Cultural Heritage Law (CHL). Changing definitions of CHL over time reflect citizens’ ideology in conserving cultural heritage. Further, the Constitution of Vietnam (1946, 1959, 1980, and 1992) differs in its CHL orientation via three major stages. Every time legal basics and political situations change, CHL documents will serve various interests. Finally, the Vietnamese new generation’s cultural heritage education and distribution achievements are discussed.Author demonstrates that the Vietnam War was the most difficult time for CHL growth. Decree 65 and the 1946 Constitution’s generic definitions were responding to complex political conditions and were not intended to promote CHL. Vietnam became a socialist country under Soviet influence during reconstruction (1980–2000). The 1980 Constitution is strong enough to govern historic resource ownership and conservation, as is shown by new cultural heritage documents like Ordinance 14 (1984) and Decree 28 (1985). However, the ability to exploit heritage and obtain worldwide recognition was limited. Vietnamese CHL had access to international treaties and recommendations when Vietnam joined UNESCO in the international integration period (after 1987). In this period, the 1992 Constitution (internal role) and an international source (external role) inspired the 2001 CHL and 2009 Amendment to CHL. Both documents still play a principal main role in enabling Vietnam to enter the Heritage Economy.Young Vietnamese citizens’ achievements promote cultural values and involvement. However, Vietnamese teens have not paid attention to develop the legal aspects of CHL. Unanswered is the issue of whether Vietnam’s legal framework is robust enough to prevent abuses in heritage exploitation.

RAVNOPRAVNOST SPOLOVA U KAZNENOJ POLITICI PREMA NAMETLJIVOM PONAŠANJU U HRVATSKOJ

Author(s): Tena Vranek,Krešimir Petković / Language(s): Croatian Issue: 1/2024

Stalking is a cause of psychological damage, a form of victimization, and a warning for future violence. As a criminal offense, it was introduced in the Penal Code of the Republic of Croatia, in force since 2013, but there are still problems with defining it precisely. Given that the victims of stalking in most cases are women, the fact that this crime is not gender specific is often overlooked. Although studies have shown that female stalkers do not differ significantly from male ones, gender bias often leads to an underestimation of women’s potential for violence. The aim of this study is to determine whether there is gender equality in penal policy towards stalking in Croatia. To answer this question, the authors analyzed the court judgements from various courts in the Republic of Croatia and paired it with a survey to get an insight into the citizen’s perception of stalking.

IZAZOVI I KOMPLEKSNOST NORMATIVNOG UREĐENJA EUTANAZIJE I POTPOMOGNUTOG SAMOUBOJSTVA

Author(s): Ninoslav Gregurić-Bajza,Melanija Dijanić / Language(s): Croatian Issue: 1/2024

Euthanasia and assisted suicide are undoubtedly phenomena that provoke a series of controversies, discussions, and divergent viewpoints in many scientific fields today. Given its controversial nature, there are numerous and diverse ethical, theological, political, medical, and particularly legal aspects of euthanasia. Discussions about its universal decriminalization and legal regulation are primarily based on fundamental human rights and the protection of these rights in various international and national legal documents. These range from the UN Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the practices of the European Court of Human Rights, and national constitutions and laws. In these documents, the right to life is presented as a counterbalance to the right to euthanasia and assisted suicide. Consequently, different legal solutions exist globally for the phenomenon of euthanasia and assisted suicide, from legislations that do not regulate them normatively or treat them as criminal acts to those that have decriminalized and de facto legalized them through legal solutions. Considering the numerous uncertainties related to this phenomenon and the fact that euthanasia entails human life and the protection of fundamental human rights and freedoms, it is unrealistic to expect a swift and universal legal regulation of this phenomenon. The paper initially explains the concepts of euthanasia and assisted suicide, followed by a brief comparative overview of the normative regulation of euthanasia and assisted suicide in some European Union countries. The fundamental part of the paper focuses on the analysis of the normative regulation of this phenomenon in the Republic of Croatia and the attitudes of surveyed Croatian citizens on whether euthanasia and medically assisted suicide should be decriminalized and legalized in the Republic of Croatia.

DIGITALNI PROIZVODI (SVEOBUHVATNI PREGLED)

Author(s): Mirza Dinarević / Language(s): Bosnian Issue: 1/2024

One of the defining characteristics of modern trade in recent decades is the general modernization of the way trade is perceived, in the shaping of which a significant role was played by digital trade, which is certainly unimaginable without digital products. Considering the role that digital products play in modern trading, business and life, it is of crucial importance to understand what digital products are, only after that is it possible to credibly talk about classification and ultimately about dealing with them. Given that the scope and reach of digital products is on a scale that was before unimaginable, as the most egregious examples of dealing with them on a wide scale, we will contemplate those of the EU and USA as well as certain other relevant and interesting examples. When it comes to specific dealing with digital products in the sense of this discourse, the decision regarding which legal framework will govern the trading thereof is crucial. Prior to this step, the digital product in question needs to be qualified, keeping this in mind, relevant provisions of GATT and GATS will be considered, which regulate trade in goods and services, that will further determine all the fundamentals and ultimately the profitability of the product itself. Many elements could be characterized as having a role in determining the legal framework that will be used, but the method of delivery as well as the very nature of the product are simply indispensable in any serious discussion about digital products. Finally, in order to complete this overview, digital content is considered, i.e. it's role in relation to digital products.