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The aim of this study is to analyse the tax exemptions that make the Polish tax system easier for owners of immovable monuments in terms of property tax. The authors attempt to determine whether Polish property tax regulations can indirectly contribute to the improvement of the condition of immovable monuments. This is an important issue, as even the most perfect conventions and laws cannot protect monuments from destruction; for this, financial resources are necessary. As can be seen from the dogmatic and legal analysis, the solutions concerning tax exemptions for historic properties should be assessed as being far from sufficient to serve as effective financial and legal incentives for owners to care for the preservation of historic buildings. In this respect, the authors postulate making changes related to the extension of the existing exemption. In this article, the dogmatic-legal method based on the analysis of the texts of legal acts has been applied, as has the empirical method in terms of determining the number of immovable monuments in Poland.
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The article is the third part of studies showing Afghanistan's path towards adopting international instruments for the protection of human rights. Based on national law, international documents and historical sources, it analyses the approach of the Islamic State of Afghanistan and the Islamic Emirate of Afghanistan to human rights, one of the main components of the concept of human security developing in the 1990s. The structure of the article corresponds with the research objectives: to highlight the role of human rights in the idea of human security 90s, to present the changes in the balance of power within the state which had an impact on the security and legal order of Afghanistan, to present the attitude of the Taliban to international standards of human rights protection leading to the security of the individual.
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The main aim of the article is to analyze the importance of consumer rights and their place in the jurisprudence of the Court of Justice of the European Union. The article presents the concept of consumer rights and their protection. The genesis and category of consumer rights were pointed out. The characteristics of the Court of Justice of the European Union as the subject of consumer rights protection were made. An analysis was made and specific examples of the case law of the Court of Justice of the European Union were indicated in the context of specific areas of consumer rights.
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The aim of the article is to analyze the human rights situation in unrecognized states in the South Caucasus, based on the decision-making of the European Court of Human Rights. The object of the analysis is the interstate complaint Georgia v. Russian Federation (II) and two individual complaints: Chiragov and others v. Armenia and Mamasakhlisi and others v. Georgia. It discusses the attribution of responsibility to the state that exercises effective control over the de facto state. It also points out the recent development following the expulsion of the Russian Federation from the Council of Europe and the dissolution of the de facto Republic of Nagorno-Karabakh.
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The purpose of this article is to reconstruct the concept of totalitarian and post-totalitarian law as laid down by a great pioneer and popularised of the sociology of law, one of the finest sociologists of the twentieth century — Adam Podgórecki. This task is to be achieved primarily through the analysis of his works. However, the significance of the historical method cannot be dismissed in these considerations since the so-called “historical background of the period” related to the subjects taken up by Podgórecki bears significance for the characteristics he described. Undoubtedly, as he was an inquisitive researcher of the operation of law in social reality, and their mutual relationships — which he was famous for not only in Poland but also on the international arena — it is worth returning to his concept of these “phenomenal” phenomena, i.e., totalitarian law and post totalitarian law. The researcher emphasized that in the 20th century, even in societies that were not directly affected by totalitarianism, its indirect impact can be observed. Also, he explained that it was necessary and important to study totalitarian social engineering, its roots, and consequences, because of the inherent threat of the re-emergence of totalitarian and post-totalitarian societies in the future. Law, according to Adam Podgórecki, is a petrified oppression. His analysis of totalitarian and post-totalitarian law revealed that the phenomenon of totalitarianism is too complicated to be com pressed into a single theoretical concept. He called for totalitarian law and its heritage to be studied in an interdisciplinary and multidimensional way, that is, combining several levels of theoretical and methodological analysis, which he tried to substantiate. In order to create a universal definition of totalitarian law, he focused on listing its characteristics. He presented post-totalitarian law, in turn, as an internally coherent effect of the long-lasting influence of the authoritarian regime. To confirm this thesis, he pointed to circumstances that reveal traces indicating the impact of totalitarianism on its successor, which is paradoxical at times. Podgórecki’s thoughts focused on the experiential study of law, aimed at helping to formulate rational guidance for the legislature, which inspires the search for the source of these views, and his original, though often controversial theories, prompt reflections on their topicality. Analysis of Adam Podgórecki’s works leads to the conclusion that his characterization of totalitarian and post-totalitarian law, although not without its disadvantages, has many merits. It is done in an insightful, nuanced, and precise way, does not fall into simple schemes, and is characterized by originality and consistency in the application of his previous works.
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Konsekwencją zasady swobody umów jest funkcjonowanie w obrocie prawnym obok umów nazwanych, umów nienazwanych oraz umów mieszanych. Praktyka obrotu gospodarczego wykazuje, że pojawiają się nowe typy umów, których nie można zaklasyfikować do żadnej tradycyjnej postaci prawa zobowiązań, a kwalifikowanie ich do kategorii umów nienazwanych nie jest właściwe. W niniejszym artykule autorzy poruszają historyczno-porównawczą problematykę umów mieszanych. Dokonują analizy tej instytucji prawnej w prawie rzymskim, w średniowieczu, w systemie francuskim, a następnie przedstawiają funkcjonowanie tej instytucji w oparciu o kodeks austriacki, Niemiecki kodeks cywilny z 1896 r. Opisują ją w obligacyjnym systemie szwajcarskim i w prawie włoskim. Publikacja stanowi początek serii artykułów naukowych dotyczących charakterystyki umów mieszanych, począwszy od przedstawienia ich w wymiarze historycznym aż po ich funkcjonowanie aktualnie w praktyce w systemie prawnym
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Digital exclusion is a complex, multidimensional phenomenon and may cause many negative consequences, such as isolating or hindering access to public services, which may be important for people in various sectors of socio-economic activity. One such example is the bankruptcy procedure, which is dedicated to insolvent people who are at risk of social exclusion and for whom debt relief is a chance to return to a normal life. The aim of this article is to analyze various difficulties experienced by digitally excluded people or at risk of such exclusion during online bankruptcy proceedings. Material and methods: This article is an analysis based on statistical data, scientific literature but mainly on case studies. Results: The main determinants of exclusion are connected with a lack of skills and knowledge in the scope of procedural and financial-economic topics. Conclusions: inclusion activities should be based primarily on the education of indebted consumers in a broad sense.
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The presented article is a scientific polemic formulated by the authors against the text by Katarzyna Szumlewicz entitled “The fabrication of victimization. On errors in the research of particularly sensitive groups on the example of the document „The social situation of LGBTA people in Poland. Report for the years 2019-2020”. The text of the article answers the main allegations against the authors of the research carried out and the prepared report, using the current literature on the subject. The undertaken polemics and scientific discussion cover topics related to, among others, to the concept of microaggression, gender identity and sexual orientation, as well as reflections related to the methodology and ethics of social research. microaggression, research ethics, social research methodology, LGBT people, sexual orientation, gender identity.
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Over the years, the criminal law regulations related to the sentencing directives have been modified. This depended on a number of factors, including the „view” on the educational issues of punishment, which evolved significantly on the grounds of particular sources of criminal law in Poland. The educational goals of punishment, i.e. the normative identity of re-socialisation, constituted and still constitutes a problematic element of the construction of criminal law and the relevant philosophy of punishment. In the light of the formal-dogmatic and historical-legal analysis of legal acts and the analysis of other documents found from the Polish lands in the times of the Partitions and ending with the latest amendment to the Penal Code of July 2022, it is possible to put forward a thesis that the educational purposes of punishment constitute an indispensable element of the proper functioning of the administration of justice and the guarantee of lawfully administered punishment.
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Cannibalism is one of the few phenomena that arouses both fascination and repugnance at the same time. It is found in many species of animals. Cannibalism itself, while not common in humans, can be easily passed over in many cultures and circumstances. It occurs in many texts of culture, has a ritual basis typical of various rituals, but appears in some so-called urgent necessity, which results from the extreme region. Cannibalism also occurs in murders with sexual motives and in murders with psychotic motives, which is confirmed by world casuistry.
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The article aims to discuss the ideas, assumptions, models and forms of restorative justice. Along with an attempt to systematize them and look for common features across the restorative justice movement, which covers many spheres of social life. To this end, the unique way in which crime and other deviant behavior are treated in this approach is explained. Next, views on the ideas, principles and goals of restorative justice are confronted. On this basis, it argues that mediation should not be equated with restorative justice, since it does not meet the needs of all actors – the victim, the offender and the community. In the second part of the article, the various forms of restorative justice were described and systematized.
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The subject of this article is an attempt to answer the question, „Do prisoners have a right to rehabilitation?” – a right behind which is a claim for specific services in the form of correctional programs or traditional methods, such as work and education. Second, it attempts to compare the terms rehabilitation and rehabilitation to clarify the similarities and differences. Thirdly, the article also explains that the answer to this question was sought by criminology students based on five scientific texts, namely: The Supreme Court and the Rehabilitative Ideal, Chad Flansers, Toward a Theory of Prisoners’ Rights, Richard L. Lippke, Rehabilitation as a Positive Obligation, Sonja Meijer, Why dignity matters: Dignity and the right (or not) to rehabilitation from international and national perspectives, Amanda Ploch, Do Criminal Offenders Have a Constitutional Right to Rehabilitation?, Edgardo Rotman and Inmate’s Right to Rehabilitation during Incarceration: A Critical Analysis of the United States Correctional System, Sheldon Seigafo. In formulating their response, the students identified the common core of this right – for they considered the right to rehabilitation as such – as personal dignity, respect of which gives rise to the state’s obligation to create a correctional offer for prisoners in order to regain their freedom and live a lawful life. Fourth, the article provides a brief analysis of each text.
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The aim of the study is to present the profile of a juvenile delinquency of criminal acts in the Silesian Voivodeship in the years 1999–2018. The study presents own research conducted in the Silesian Voivodeship, based on data obtained from the Provincial Police Headquarters in Katowice. The analysis concerns determining the profile of minors who most often break the law. Moreover, the study presents how the violation of the law by girls and boys has evolved over the course of twenty years.
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The purpose of this article is to present the impact of the halo effect on the assessment of criminal acts, as well as suspects, defendants, convicts and victims, made by society and representatives of institutions responsible for responding to them. The discussion of the aforementioned issue began with outlining the origin, mechanisms of action and features leading to the emergence of the discussed cognitive error in the light of recent psychological knowledge. Thereafter, an analysis of research on potential cognitive misconceptions in the assessment of criminal acts and sentencing was carried out. The theoretical part was concluded with a description of proposed explanations of the use of non-legal factors in submitted scope. The article was also enriched by the case studies conducted on three selected criminal cases regarding to which it may be suspected that the halo effect occurred. These are the cases of Cameron Coyle Herrin, Debra Jean Lafave and Magdalena Renata Kralka.
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In the 17th century, the Enlightenment movement, which had an influence on Western thought, gave rise to the modernism movement, which became influential in Western civilizations. As a result, the theory of legal positivism emerged within capitalist societies. In the modern world, to ensure stability and determinacy, a system was established where individuals are expected to perform their duties like the gears of a clock, free from abnormal behavior and reactions. This system was based on classical legal positivism and the codifications made with casuistic logic, which pushed metaphysical concepts out of the realm of law. This understanding that emerged in the Western world also quickly made its impact in the Eastern world during the 17th and 18th centuries. In this context, the Westernization movement gained momentum in the Ottoman Empire, and changes began in the field of law. Especially with the collapse of the Ottoman Empire and the subsequent Republic era, Turkish law largely moved away from traditional understanding and fell under the influence of modern positivist legal thought. The Tanzimat era and the subsequent Constitutional era were times of significant reforms in the field of law. With the Republic era, the process of codification gained momentum, and a complete departure from tradition was realized. In this process, Turkish law underwent fundamental changes under the influence of modern positivist legal thought. This study will first examine the changing mindset and consequences in the Ottoman legal system due to the influence of Westernization, and then discuss the principles of the modern legal system that emerged as a result of the departure from tradition during the Republican era.
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Recently, consumer boycott has been used as an economic weapon and a tool of passive resistance. There are several dimensions to consumer boycott, which serves as a means for Muslim communities to assert their will and to make their voices heard. This study primarily examines the legal (fiqhi) justifications for consumer boycott. The main objective of the study is to identify the reasons (causes) that lead Muslims to engage in consumer boycott. In addition, a secondary objective of our study is to present the problems that may arise in issuing fatwas in relation to the identified causes and abiding by the consequences of these causes. The qualitative analysis method was used to achieve the objective of the study. This analysis was largely carried out using literature and content analysis techniques. Classical jurisprudential principles (uṣūl al-fiqh), principles of issuing fatwas (uṣūl al-iftā), consideration of consequences (i‛tibār al-ma’ālāt) and principles of Islamic governance (al-siyāsah al-shar‛iyyah) were also highlighted in the research methodology. According to our findings, the concept of boycott is not commonly found in classical jurisprudential sources. The rulings on boycott are more implicitly addressed in issues regulating commercial relations with non-Muslims. As far as contemporary literature is concerned, there are numerous studies on Muslim consumer boycott from different perspectives. However, there is a gap in the literature regarding the identification of the cause of boycott. As a result, four causes of boycott have been identified: “disrespect for Muslim dignity”, “insulting religious values”, “supporting the enemy in a state of war with Muslims”, and “political interests and general welfare of Muslims”. Some issues related to the practical application of these grounds are also discussed. In addition, the author raises the question of whether threatening the ḥalâl and healthy nutrition of Muslim communities is a reason for boycott and suggests it as a topic for further research.
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Artificial intelligence (AI) has recently become an indispensable aspect of contemporary life, impacting a diverse range of individuals from students to practicing lawyers. The scope of AI applications is extensive, encompassing tasks such as idea generation, research, image creation, automation of daily processes, and enhancing human functionality. While these innovative technologies offer substantial benefits, they also pose significant challenges that need to be addressed. The legislature, executive, and judiciary all play crucial roles in managing the risks and issues associated with AI. Effective regulation is essential to tackle these problems and ensure the safe integration of AI into society. Key challenges associated with AI include civil liability, deep fakes, data protection, ethics, transparency, and intellectual property rights. This article aims to identify the primary challenges that legal systems face due to the rapid development and deployment of AI, with a particular focus on copyright and transparency issues. Transparency involves the need for clear and understandable AI processes, while copyright concerns relate to the rights associated with AI training and AI generated content. The article also examines current legislation and case law pertaining to AI from various jurisdictions, including the European Union, the United States, the United Kingdom, and China. By analysing these legal frameworks, the article provides a comparative perspective on how different legal systems are adapting to AI. Through this analysis, the article aims to contribute to the ongoing discussion on effectively regulating AI and, if necessary, offers general recommendations for improving AI regulation in Lithuania.
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Authors of this article discussed different body donation laws and practices on the example of two selected countries conducting the decomposition research – the United States and the Netherlands, and one country where such an initiative still remains unlawful – Poland. The formal-dogmatic approach with both the legislative and secondary sources research has been applied by the Authors hereinafter. In 2023, Authors of the paper conducted a preliminary research at the Forensic Investigation Research Station (FIRS) in Grand Junction, Colorado, with a purpose of assessing the viability of a decomposition facility in Poland. Various legal solutions regarding whole body donation were investigated in order to highlight their strengths and weaknesses, not only within the perspective of future taphonomy research, but also as for one’s autonomy. Each section of the paper explores the legal basis for body donation and body donation programs (BDPs) of different universities. Section one of the article provides a general understanding of organ and tissue donation, as well as whole body donation. Part two refers to body donation in the United States and includes the analysis of the Revised Uniform Anatomical Gift Act and body donation program on the example of the FIRS. Part three explores body donation laws in the Netherlands, as well as body donation program of the Amsterdam Research Initiative for Sub-surface Taphonomy and Anthropology (ARISTA). Section four, on the other hand, not only introduces Polish body donation laws, such as the Cemeteries and Burial Act or selected orders of the Ministry, but also presents general characteristics of medical universities BDPs and their most common provisions. Finally, after comparing presumed consent and informed consent legal frameworks, authors draw the conclusion about the (in)sufficiency of body donation laws in Poland, and highlight the necessity to increase social awareness as regards both body donation issues and taphonomy research itself.
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This article examines the issues related to the implementation of criminal liability for juveniles and the prospects of juvenile criminal justice in Lithuania. The aim of the article is to analyse and reasonably assess the current issues related to the juvenile criminal justice in Lithuania as well as to identify potential areas for improvement in this area. In order to achieve these goals, the author aims to comprehensively analyse the peculiarities and shortcomings of the legal regulation established in the Criminal Code of the Republic of Lithuania, the challenges that arise in the case law of juvenile criminal cases, and the statistical data about the trends of registered and latent juvenile delinquency as well as the insights of law, criminology and other scientific disciplines on the subject matter. The analysis of the trends of juvenile crime and delinquency during the last 16 years has shown a sharp decline of registered juvenile crime cases and the fact that serious crimes committed by the juveniles are very rare. Also, it was observed that with every year they become even less widespread. However, latent juvenile delinquency rates in Lithuania during the last decade and a half have stayed almost unchanged. The analysis has also shown that, in practice, the peculiarities of juvenile criminal responsibility and the specific needs of juveniles are often not adequately considered when prosecuting them and imposing punishments or other measures, and if these peculiarities are taken into account, it is often done in a limited and incomplete manner. The conclusions are drawn that courts, applying criminal liability, should pay more attention to the principal provisions on the peculiarities of the juvenile criminal liability, and take greater attention to the specificities and needs of juvenile offenders. Moreover, courts should further restrict the use of criminal penalties and apply educational measures more often. It is also important to note that cases when Lithuanian courts implement the peculiarities of the criminal liability of juveniles to young adults, despite the scientific achievements that encourage to do so, are quite rare. Therefore, courts should evaluate the social maturity of young adults (18-21 years) and the possibility of applying the specificities of juvenile criminal responsibility more carefully. Meanwhile, the legislator should consider exempting juveniles from criminal liability in cases of serious crimes as well (i. e., when the crime, committed by a juvenile, is formally considered serious, but in reality, the crime itself and the offender do not pose a high danger). Finally, in cases of less serious or reckless offences, it should be the duty of the court and not a matter of its discretion to consider the exemption of juveniles from criminal liability.
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