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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 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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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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(…) W Nauce prawa, a więc w pierwszej części, pochodzącej z 1797 roku, Metafizyki moralności, Kant zdaje się wywodzić swą „ogólną zasadę prawa [powszechne pryncypium prawa]” – „prawe [uprawnione] jest każde działanie, jeżeli może ono współistnieć z wolnością każdego [innego] zgodnie z pewną ogólną normą [prawem powszechnym] lub jeśli stosownie do jego maksymy wolność woli [wyboru] każdego może współistnieć z wolnością każdego [innego] zgodnie z pewną ogólną normą [prawem powszechnym]” [Kant 2006, 42] – z fundamentalnego pryncypium moralności, nasuwającego się nam w postaci imperatywu kategorycznego. (…)
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The importance of the autonomy of science is generally assumed to be good for the proper functioning of science. Yet, when we examine the notion more closely, various difficulties present themselves and cloud our understanding of this important concept. One such complication presents itself when we examine the relationship between science and the state. When examining the relationship between science and the state, there is an area of overlap that is called by Alvin Weinberg as trans-science. This concept contains within it an axiology of science that has bearing upon the scientific process itself. This leads us to ask, who determines the values in this axiology of science? In this paper I will argue that the state takes precedence in determining these values in the axiology of science which impacts science’s autonomy. To do this, I will first present an outline of what the concept of trans-science is. Next I will present the axiology of science and ways of determining it. Finally I will present the State’s role in determining these values.
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This article focuses on the legal nature of the civic duty to report an offence (Article 304(1) of the Code of Criminal Procedure). Assuming that the solution does not constitute a classic example of lex imperfecta, it is concluded that the breach of its provisions might produce effects only in the sphere of moral judgements. While reflecting on the so-called imperfect norms (norms without sanctions), the analysis concerns not only their legal nature and compliance with the requirements of the principles of legislative technique, but also the possibility of compliance with the current provisions of law being motivated by both an external compulsion and an internal compulsion arising out of the authority of law or persuasive and educational processes. Furthermore, based on the analysis of the civic duty to report an offence in terms of criminal trials, it is concluded that the mechanism does not merely create a regulatory framework for rewarding active civic involvement in crime prevention, but also mandates to count on loyalty of that part of society which has internalized certain norms and values correlating with the requirements of the criminal legislation for the public. It also implicates a need for sanction on criminal law.
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The paper raises significant problems concerning a role and importance of legal professions in modern world. The paper analyses ethical challenge postulated to the judge and posed to attorney and legal advisers. Some consideration is given to different ways of understanding of professional ethics in particular from the point of view of the ethics organizing corporations and the ethics seen as caring about the quality of law in a moral dimension.
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The identity of law and its qualifying power is rooted in the essence of law. To defineit, so it is finally confirmed by communis opinio doctorum is impossible, simply unavailable.Whatever it is or it is not, probably it creates the insuperable difficulty as it includesthough it is unknown how it ties in, various ideas, very often of the lofty character,with law which is a sphere of outstandingly factual property.
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The increasing economic activity and the integration of markets in the European Unionallow more and more companies for cross-border economic activity and cross-bordertransformation. However, in order to enable companies to restructure successfully acrossborders and to choose law that best fits their organizational structures and economic needs, the barriers resulting from different traditions and doctrines of law must be removedas they severely limit the possibility to make quick and effective decisions, reallocateresources or restructure. The existing differences between the national systems ofconflict law and regulations concerning the freedom of establishment cause that the effectsof cross-border activities are not always transparent and predictable. For this reason,Europe should clearly and explicitly define the relationship between the national rules oncompany law and the choice of appropriate law which will allow companies for greatermobility both in Europe and outside.
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The prohibition of unfair competition is an issue which in the sphere of economic relations still arouses great interest. What is more, it is also a subject of research constituting a part of legal ethics. This fact is obvious at least because the market of legal services is still subject to numerous changes and influences of economic nature, which can be answered only by a consistent adherence to ethical standards. The article is a preliminary attempt to present the issue of unfair competition just from the perspective of legal ethics.
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Sociologija prava ne poznaje nikakvu pravdu. Doduše brojna empirijska istraživanja o pravdi saznaju što ljudi u različitim konfliktnim situacijama smatraju pravednim i poštenim. Isto tako su brojne sociološke teorije o pravnim normama, sankcijama, zanimanjima i sudovima. Ali ne postoji nikakva pravnosociološka teorija pravde.1 Pravnokritičke i kulturnokritičke studije običavaju otkrivati nepravde prava s obzirom na odnose između naraštaja, na etničko podrijetlo, na podjelu dobara i na kulturne uvjete života, ili uzmiču redovito pred pitanjem što bi mogla pozitivno značiti pravda prava. Normativnost pravde pojavljuje se prema tome, ako uopće, kao politički projekt a ne kao projekt prava. Je li sama pravda – fundamentalno očekivanje ljudi spram prava – slijepa mrlja razlikovanja pravo/društvo.
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