We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article presents an analysis and evaluation of housing policy instruments, with particular focus on, the program “Family on its own” implemented in Poland in recent years. It is worth to mention that the government eventually led to the total extinction of the program and replaced it with other tools. The question is whether it happened on financial basis, or the decision was made because of its mediocre results, otherwise costly program. Finally, an interesting element here seems to be the matter of spreading the information about the program, especially the fact that initially the media did not show particular attention to it. Undoubtedly valuable source of analysis of this subject, in addition to selected, professional books and reviewed papers, reports and analyzes. In addition some network resources, and newspaper articles will help to follow the ongoing debate and help to conduct an accurate analysis of this question.
More...
The article presents an idea, definition and history of evolution of the citizens advice in Poland. It emphasizes the value of the citizens advice as a supporting form of stimulation for individual and family to act in favour of overcoming difficult and crisis situations.
More...
The article is intended to answer the question of whether it is possible to fully automate electronic writ proceedings, and thus whether it is possible to replace the issuing court order court referendaries with a computer program. The analysis is conducted from the point of view of providing the parties with constitutional right to a court. At the same time, as an important element of consideration, the article presents an assessment of compliance with the Polish Constitution of current solutions, namely the power of court referendaries to issue payment orders. The considerations carried out in the article were preceded by a brief discussion of possible ways of using computer programs in justice, including artificial intelligence solutions.
More...
In Polish legal system the protection of the closest relatives of the deceased is based on the system of legitim. The benefit, which results from art. 991 of the Civil Code, is granted only to the spouse, descendants and parents of the deceased, who would be appointed to the succession by virtue of the Act. This regulation has been in force in Polish law continuously since the adoption of the Civil Code. It is characterized by rigidity and formalization. Meanwhile, over the years, Polish society, relations within the family, have changed. Despite the social changes, the provisions of inheritance law relating to a reserved portion of an estate have not been changed. In other legal systems, however, there are alternative solutions in force, which differently regulate the protection of the testator’s relatives from harm. One of the examples of such a system is in particular the quasi-alimentary family provision under English and Welsh law. The article compares both institutions, pointing out that the family provision system allows the court to issue a decision that is appropriate to the realities of a given case, since the court adjudicating on the legitimacy of the entitled person’s claim assesses in particular whether the person making the claim was actually (and not only formally) close to the deceased and whether they require financial support.
More...
Any scientific intercession that has as objective the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical signifi cances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus, extensive references to the philosophical and juridical doctrine in the matter are being materialized. This study is a pleading to refer to the principles in the work for the law’s creation and application. Starting with the difference between “given” and “constructed”, we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.
More...
The purpose of the article is to discuss issues related to the staffing of the heads of civilian special services. The considerations were preceded by an analysis of the evolution of the position of the bosses in the structure of state organs. The study covers regulations related to the Office for State Protection, the Internal Security Agency, the Foreign Intelligence Agency and the Central Anti-Corruption Bureau. Using literature and current regulations, statutory conditions related to the appointment, entrustment and dismissal of the heads of civil special services were discussed. At the same time, delege ferenda conclusions were made indicating the introduction of statutory changes in filling such important positions in organs of special services.
More...
This article addresses selected issues of the disciplinary liability of a notary in the light of the Act of February 14, 1991 – Law on Notaries. The article presents the main aspects related to disciplinary proceedings as well as disciplinary jurisdiction. The considerations presented in the article also concern the status of a notary public, his position among representatives of the legal profession. The entire article has been enriched with the literature on the subject and contemporary jurisprudence.
More...
The subject of the study is to present the issues of gathering and using evidence in a case of a murder of passion (Article 148 § 4 of the Penal Code), which is punishable by up to 10 years in prison. The article only minimally discusses the conditions for assigning responsibility for this crime, but focuses on the key aspects of the taking of evidence. The author presents the principle of free appraisal of evidence (Article 7 of the Code of Criminal Procedure) and claims that the entity responsible for assigning criminal liability should be only the judge, despite the fact that it is the forensic expert who significantly influences the findings of fact. The article also presents the number of proceedings conducted by the Police and the amount of penalties imposed by criminal courts in this category of cases.
More...
The commented judgment of the Supreme Court (III CSKP 18/21) is related to the fundamental standard of a democratic state, which is freedom of expression and its possible conflict with the right to protect the good name of a public legal person. The author accepts both theses of the judgment, however, he is critical of part of the content of the justification of the judgment, evaluating the judgment from the normative and praxeological perspectives. The fact of granting public legal persons, including local government units, the right to protection of legal goods, catalogued in relation to the subjective status of these units and the specificity of their normative structure, should not raise objections. However, a significant problem arises at the moment of collision, and thus the need to weigh up between the protection of the dignity and good name of a public legal person and the right to freedom of expression, when in the course of journalistic work, articles with content unfavourable to a public legal person are published. As a result of the analysis conducted with the use of formal-dogmatic and comparative methods related to the analysis of national and international legal acts relating to the analyzed issues, it can be concluded that if the analysis of the situational context of a statement gives it a place within the framework of permitted criticism dictated by the protection of the social interest, it seems to fulfil the legitimate acknowledgement of the absolute primacy of freedom of expression over the protection of the good name of a public legal person.
More...
According to art. 386 § 5 of Civil Procedure Code where the judgment is set aside and the case is referred to be re-examined, the court examines it in the same composition, unless it is not possible or it would cause excessive delay in the proceedings. Such a provision is controversial as, in principle, the judge will have to conduct the same civil case again – even if they already gave judgement in the case. The current regulation in which the same judge is to adjudicate in the case for the second time may be seen as inappropriate in view of the content of another legal regulation. According to art. 386 § 6 of Civil Procedure Code a legal assessment expressed in the statement of reasons for a judgment issued by the court of the second instance is binding on the court to which the case was referred and the court of the second instance in the case of re-examining the case. However, this does not apply to a situation when there was a change in facts or the legal situation, or when after the court of the second instance issued a judgment the Supreme Court of the Republic of Poland expressed a different legal assessment in a resolution settling a legal issue. In the paper I pay attention to the regulation from the judges’ perspective. I present some observations on the difficult role of a judge who is to pass the judgment in the case for the second time. I focus on the issue of psychological mechanisms relating to the reconsideration of a decision that has been challenged. The paper is partly based on the interviews with Polish judges.
More...
The Act of 7 July 2022 amending the Act – Criminal Code and certain other acts introduced into the Criminal Code the possibility for the court to impose the sentence of life imprisonment without possibility of parole (Article 77 § 3 and 4 of the Criminal Code), which constitutes a novelty in Polish criminal law and is widely criticised by the legal community. The legislator has provided two grounds for the optional imposition of life imprisonment without possibility of parole. The article discusses Article 77 § 3 of the Criminal Code is based on formal grounds: a previous final conviction for a specific type of crime (against life and health, freedom, sexual liberty, public security or of a terrorist nature) for life imprisonment or imprisonment for a period of not less than 20 years. It introduces a new form of juridical (legal, special) one-time recidivism. Fulfilment of its prerequisites, however, does not tighten the limits of life imprisonment, but the possibility of imposing it with the prohibition of conditional release
More...
Probation is alternative measure that has immediate purpose consist of avoiding the sentence for criminal responsible perpetrators of minor crimes, when it is not necessary due to criminal legal protection, and indirect purpose of this alternative measure is to achieve the purpose penalization, by warning, by threat of penalization. The essence of probation as an alternative measure to punishment is focused on warning with the threat of effective punishment. This paper has a purpose to explain from a theoretical point of view the reasons why this measure arose in the criminal justice systems and in which countries the probation was first introduced, to explain the role of the probation in the system of penalization in our criminal legislation, to explain the purpose of pronouncement of this alternative measure, the elements of which is consist and when this measure is used. Also, the purpose of this paper is, from a practical point of view, to determine if and to what extent our courts revoke the probation, having in consideration that the probation is not covered by the Law on Probation, and our courts pronounce judgments with probation. Materials and methods: The statistical data were taken from the State Statistics Office of the Republic of North Macedonia.Results: for the period from 2020 2022 a total of 9633 alternative measures were imposed. Deduction: In relation to the judgments with an effective measure of imprisonment, the number of alternative measures of probation is high, and that percentage is about 40% of the total number of sentences with an effective measure. Therefore, special attention should be considered to the imposition of the alternative measure probation.
More...
The chapter contains a discussion of the results of the authors’ research on Internet threats and the safety of children and youth of primary and junior high schools on the Internet, with a particular emphasis on situations presenting signs of cyberbullying.
More...
RESEARCH OBJECTIVE: To analyse the terms used in political discourse, often reduced to slogans, such as “rule of law”, “constitutionalism”, “demo cracy”. To reflect on the relationship between the rule of law and political power in a de mocracy. To indicate the evolution of the concept of constitution and of constitu tionalism as a broad political philosophy. To apply this analysis to EU politics. THE RESEARCH PROBLEM AND METHODS: Conceptual analysis, theoretical considerations with historical elements. THE PROCESS OF ARGUMENTATION: The article proceeds with a brief presentation of the meaning of the “rule of law” in current EU policy and rhetoric, to the question of the political nature of the conflict between the European Com mission and Poland and Hungary, before addressing the general problem of the relationship between political power and law in a democracy and the ongoing scholarly debates on this topic. It goes on to present the main arguments against “constitutionalism” as a political philosophy and relates them to the European Union. RESEARCH RESULTS: Revealing the shallowness of the current political discourse in the EU and in Poland and demonstrating how difficult and deep is the problem of the relationship between democracy and parliamentary majority power, covered up by the slogan “rule of law”. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The constitutionalization of the Union is taking place at the expense of democracy in the Member States. It leads to a strengthening of the political power of the European Commission. While we can speak of the victory of EU “constitutional ism” in Poland after the last elections, at the national level we are dealing with “majoritarian democracy”, with absolute predominance of political power over the national law, making it possible to ignore it or even to act against it.
More...