Around the Bloc: Uproar at Kazakhstan Activists’ Trial
Reporters are now barred from attending hearings of the two men charged with ‘inciting ethnic strife.’
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Reporters are now barred from attending hearings of the two men charged with ‘inciting ethnic strife.’
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The aim of this paper is to demonstrate that the law does not exclude liberty. The scope of considerations over the liberty, community and law is determined by a specified, i.e. Enlightenment-based intellectual tradition. The article analyses two types of communities distinguished by E.J. Weinrib. The first community would be unified just as the Plato’s state was. The second type of communities (rooted in Aristotelian thought) would be characterised by the existence of positive relationship between the individuals who retain a significant degree of autonomy. In Plato’s state there is no law and in Aristotle’s state the law is supposed to organise a community based on training the virtues and kindness towards one another. Which model leaves more liberty to the citizens? Law does not stand in opposition to individual liberty when the citizens are not willing to break the law (law can even impose certain moral rules). However, the state limits liberty when there is no space for criticising the state even if the state and the law were minimal (in the liberal spirit). In that sense, the liberal state may interfere in liberty stronger than the paternalistic state.
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Gloss to the judgment of the Court of Appeal in Szczecin dated 1 April 2015, issued on the signature act II AKa 7/15. Gloss deals with the issues of fraud (art. 286 § 1 Polish Penal Code). It’s about showing how to commit the offense of classic fraud and demonstrate that it is impossible to realize this offense by omission. It puts the accent on the behavior of the person uses of property, which also can’t be characterized by passivity.
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The article discusses the issue of granting copyright to computer-generated and computer-assisted works. Even though this subject has been widely examined in Western countries in the 1990s, for some reason it was not widely covered in Poland. Meanwhile, computer programmes have become main composing tools used by musicians. The music we hear on the radio is more often than not an effect of computer, not human, work. Polish Copyright law grants a right to authorship only in cases when a work remains an effect of human activity. This gives rise to the question whether the music that surrounds us is copyright free and belongs to the public domain. On the other hand, in some Anglo-Saxon countries, copyright related to computer-generated works is granted to the person by whom the arrangements necessary for the creation of the work are undertaken. The following article contains an overview of theoretical concepts underlying the authorship of computer-generated works, discusses various legal solutions to the problem exercised abroad and provides evidence in support of the thesis that in spite of the harsh and rigorous provisions contained in Polish Copyright law, it is possible to grant copyright protection to computer-generated works.
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The subject of deliberations undertaken in the following paper is the obligation relationship between the investor (ordering party) and the executor which arises from concluding the construction work contract by those parties after performing proceedings for granting public procurement. The issues of concluding the contract, the subject of the contract, rights and obligations of the parties have been discussed in this work. Security for due performance of the contract has been described as also guarantee of work quality and warranty for object’s defects. Furthermore, the issue of contractual penalties has been taken into consideration for non-performance and undue performance of construction work contract; as also the issues of contract renouncement.
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The amendment to the Polish Code of Criminal Procedure (PCCP), which became effective as of 1 July 2015, had changed the model of the Polish criminal trial by opening it up to be more adversarial. One of the problems, which was disputed in reference to the reform was whether the principle of material (objective) truth could be still established on the basis of the amended Act. According to some Polish jurists the principle of material truth had been significantly marginalized and become in fact the principle of formal truth. In their opinion this was a result of reducing the possibility of taking initiative in the filed of evidence by the judge, who as an impartial arbitrator should allow only parties to provide evidence. Meanwhile, the legislator had prepared another amendment to the PCCP, which was to restore most of the revised rules. The new law entered into force on 15 April 2016.
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The article presents the credit guarantee funds as legal and financial institution which might provide crucial support for the one of operating in Poland formulas of economic activity, which are small and medium-sized companies. At the beginning it indicated which entities are supported and why they need help. Then, taking into account the designated size publication, describes the guarantee funds as possible way of support of the small and medium-sized business enterprises. Described their genesis and form of legal organization within which they operate, forms of action, the procedure for granting loan guarantees, how to implement obligations under the guarantees, and finally the benefits of supporting small and medium-sized enterprises (generally the beneficiaries of guarantees) by guarantee funds.
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This article highlights selected characteristics of Swiss international arbitration law focussing on interim measures in sports-related disputes. The key academic concern of the article is to indentify whether under Swiss law the parties may waive the state courts’ jurisdiction to grant interim relief in international arbitral proceedings and declare the arbitral tribunal as exclusively competent. The view held in this article favours the admissibility of the waiver based on mainly two arguments: the parties’ autonomy and the lack of statutory limitations to the waiver. Further, this article deems that in ad hoc arbitral proceedings the waiver is not enforceable (but not null and void) as long as the tribunal has not been yet established. In such a case, the parties may exceptionally request interim relief with state courts. Seeking for a arbitral alternative to the said solution the article scrutinises whether in sports-related disputes the Court of Arbitration for Sport in Lausanne could be competent until the constitution of the ad hoc tribunal. Finally, the article examines the formal requirements for the waiver.
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District (powiat) own tasks include among others tasks to support the family and the foster care system. The obligation to organize foster care by the self-governing community was expressed expresis verbis in the Act on family support and the foster care system, and then enhanced in Article 32 section 2 of this Act, whereby its implementation should be in accordance with the principle of subsidiarity, especially when the provisions of the Act provide for the possibility of local government bodies commissioning the execution of tasks to other entities. It should be noted that the concept of the foster care system was defined under this act. According to the will of the legislator it involves a group of persons, institutions and actions to provide temporary care and education of children in cases of inability to exercise the care and upbringing by the parents. The exercise of foster care, both institutional and non-institutional, produces a range of financial consequences, both for the entity organizing the care and one exercising it. 26 Ewa Koniuszewska, Katarzyna Święch-Kujawska Legal and financial aspects of foster care can therefore be divided into those that relateto the benefits received by the entity actually performing it and to the terms of its financing.The latter are the subject of the analysis undertaken in this study.
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The article analyses the claims based on Article 446 Civil code in case of a suicide assassination. At the beginning it shows the issues of inheritance of property rights and obligations in case of death of a decedent. Next, it focuses on the possibility of inheritance property obligations of the suicide assassin towards the next of kin of the victim of the assassination. At the end it presents a solution for the case where claims under Article 446 Civil code are not satisfied.
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In the course of the company’s operations submitting a dispute for settlement to an arbitration court may occur in the following two circumstances. Firstly, the parties may conclude an agreement specifying the matter at issue or the legal relationship from which a dispute arose or could arise. Secondly, an arbitration clause in the articles of association of a commercial company concerning disputes arising from company relationships is binding on the company and its shareholders. Problems connected with the issue statutory arbitration clause has been detailed analyzed in the literature. However interpretational doubts occur also in connection with objective and subjective scope of arbitration clause situated in the agreement concluded by a company. In this paper had been made an attempt to analyze cases in which the objective scope of an arbitration clause expands, in particular to answer a question whether arbitration clause situated in the agreement concluded by a company extends and includes the members of a company who held responsibility for the company’s assets.
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The article’s main aim is to discuss the body of evidence as derived from the files of court of ecclesiastical. To be more precise, its admissibility and its adequate examination procedure. In the first place, the author of the article pinpoints the wide range of legal application of the evidence material originating from the courts of ecclesiastical. Yet, at the same time, the possibility of taking evidence is also deliberated upon by the author, especially when taking into consideration the evidentiary prohibition being the result of the seal of confession. Next, presuming taking evidence in the aforementioned circumstances to be possible, the article describes the actual practice as not allowing for a norms functioning in the judicial system, particularly the norms concerning international position of the Holy See and metropolitan courts. Consequently, the author argues the correct procedure of gaining access to the evidence in question is the procedure of legal aid defined in the article 585 Criminal Procedure code and in the subsequent articles. On balance, the author combines the conclusions presented in the article along with the principle of equality of citizens and equitability of churches and religious associations. As a result, the author proves the procedure of legal aid to be applicable not only in metropolitan courts but also in broadly defined ecclesiastical courts.
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This gloss describes the problems related to the representation of a minor victim, when one of his parents is a person suspected of committing a crime against a minor. This issue was resolved by the Supreme Court in its decision of 30 September 2015(I KZP 8/2015). The author agrees with the Supreme Court also thinking that a minor cannot be represented in criminal proceedings by any of the parents, when one of them is a suspect.
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This paper examines the evolution of different forms of consensual finalization of polish criminal proceedings. It shows numerous amendments of regulations in conviction without a trial and voluntary submission to criminal responsibility. The paper also attempts to access the current importance of consensual finalization of criminal proceedings for polish justice. Therefore the paper stresses the advantages of conviction without a trial and voluntary submission to criminal responsibility, but also highlight sits possible costs and threats.
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Since 2014 in Eastern Ukraine (Donieck and Lugansk) there have been noticed serious violations of international human rights law and international humanitarian law. The most serious problem is growing number of disappearances. In August 2015Ukraine joined the International Convention for the Protection of All Persons from Enforced Disappearance and in this way accepted particular obligations. In October 2016Ukrainian Ministry of Justice presented project of new law that concerns enforced disappearance. The topic of this article is focused on analyses solutions that appeared in the project, and attempt to assess whether the solutions can be used to solve at least some of the problems concerning enforced disappearances in Ukraine.
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The aim of the study is to evaluate the selected principles applied in German law system – the abstraction principle and the separation principle. By presenting the proposed subject the author focus on the obligatory and dispositive legal acts and practical dimensions of the functioning of selected principles.
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One of the judgments/jurisdictions related to the substantive fiqh issues that reflect the practice dimension of Islamic law is the concept of legality expressed in the form of "permissible or not permissible". This concept has been used since the beginning of Islamic law to date. In general, it has been used for situations which religious law has ratified and found appropriate. In this article, the use of the concept of legality and the relevant constructs are discussed.
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This paper examines the Hanafi scholars’ approach to the alluded meaning (isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part of the paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the concept of allusion in the Hanafi School from the linguistic and terminological point of view. Providing the examples of alluded meaning we show the way in which the Hanafis used alluded meanings in their argumentation. We also elaborate on the status of isharat al-nass in the Hanafi Madhab, and the way of giving preference in case of contradiction between isharat al-nass and ibarat al-nass. At the end of the paper we provide the conclusions derived from the study.
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The aim of this paper is to analyze the realization of the rule of law principle and the functioning of the informal market economy framework in Poland. The starting point for this analysis is Max Weber’s thesis on the importance of the rule of law for economic success. In the context of Poland’s deep political systemic transformation, this thesis forms the foundation for a critical analysis of the creation, application, and actual functioning of law in economic relations, as broadly understood. In the first part of the paper I discuss and critically analyze the classic thesis – broadly accepted in sociology – regarding the interrelationship between law and an effective economy. In the second and the third parts of the paper, I analyze the matter of law’s creation, application, and observance against the backdrop of a market economy emerging from the ruins of a central, state command economy. The analysis herein is based on empirical data from research conducted under my supervision. Next follows a brief review of the crucial issues concerning the relationship between state agencies and economic actors. The final part of this paper investigates contemporary criticism of the formalistic rule of law principle with regard to the social and economic transformations in Central Eastern Europe. I refer to ideas which were key to these transformations, and propose a rule of law concept which would consider the sociological aspects of law’s creation and application.
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Through his creative work Leon (Lev) Petrazycki has demonstrated that in legal and related fields he truly was in a league of his own and, as time has shown, remains an unmatched individual. This great figure was influenced by these three cultures and his creative work has spanned the three languages. It is a good sign that the work and personality of L. Petrazycki will be approached from all the possible perspectives and that his legacy will inspire new studies in the directions indicated by him. Key words: Classic jurists, a graduate student in Berlin, a professor at St. Petersburg and Warsaw, Copernican turn in jurisprudence, antistatist, antipositivistic and altruistic learning about the law.
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