Around the Bloc: 80 Russian Drivers ‘Frozen and Forsaken’
One motorist reportedly died of hyperthermia after being trapped on a highway near Orenburg for almost 16 hours after a snowstorm hit.
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One motorist reportedly died of hyperthermia after being trapped on a highway near Orenburg for almost 16 hours after a snowstorm hit.
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The Author analyses Carl Schmitt’s concept of the opposition between land and sea as a universal historical construct. According to the author of Nomos der Erde world history is the history of wars waged by maritime powers against land or continental powers and by land powers against sea or maritime powers. He uses biblical symbols to denote this historical conflict: a land power is symbolically represented as a giant land beast Behemoth, while a maritime power is portrayed as a giant sea beast Leviathan. The Author argues that the Age of Discovery marked the beginning of a new era of war between talassocracy and telurocracy. According to Schmitt, this spatial revolution constituted a part of the fundamental forces of history, which bring new lands and new seas into human awareness. The process of the colonization of the New World by Europeans included a struggle between terrestrial Catholicism and maritime Protestantism, between the sovereign state and the liberal state as well as two kinds of international law.
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The necessity to appeal to the fundamental categories of law, such as legal regulations, is determined by changes taking place in various spheres of social life in general and the state-legal reality in particular. Other reasons are the requirements of modern legal practice, which provide a challenge to the science of law. Using the activity (system-activity) approach outlines new edges of legal regulation, systematizes the knowledge of law regulation activities, and solves a number of practical problems in the sphere of law.
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The paper is devoted to one of the topical issues of the law of arbitral procedure, such as preliminary interim measures. The problem under consideration is at the intersection of two areas of law: civil and arbitral procedure. The latest changes in the first part of the Civil Code of the Russian Federation are analyzed. The existing legislative obstacles for recovery of damages by interested parties as a way of protecting the civil rights are revealed. The need to reform the existing legislation with regard to the studied sphere is substantiated.
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In this article the author examines the judgment of the Supreme Court of 13.04.1972, which also today is a source of guidance personal inspection staff. As a condition of the legality of its conduct, the Supreme Court pointed out, inter alia, that the execution should take place in consultation with the representative of the crew. The author pays attention to emerging contemporary views of interpreting used in the above. judgment the phrase “in consultation” as a process of consultation only. Furthermore, in the light of the above-mentioned author. judgment considering the possibility of carrying out the employee’s personal control in the absence of regulation of this issue in the Act. Analyzing the phrase “in consultation” the author draws attention to the need to analyze the legal status which the Supreme Court relied on issuing the ruling. It notes that the Supreme Court pointed out the rules of procedure as appropriate for the subject matter in-house procedure. Emphasizes that another mode of its adoption in force at the time of issuance of the above judgments, and other contemporary spaces, which is important for understanding the differences in meaning of the concept “in concert”. The author analyzes the state of the law at the time of the judgment in question, cited the comments of the doctrine of labor law in this period, the then explains the meaning of “in concert”, indicates the mode of the conclusion of the working rules and entities involved in this process. The author also points out that despite the absence of statutory regulations control employees under certain conditions, drawn from the analyzed sentence allowable (including the obligation to inform employees about acceptable forms of employer control). Another necessary condition to carry it out is the need to exercise restraint and respect for the dignity of persons undergoing operations control. The author concludes that by placing the control of employees working in the rules of used by the Supreme Court of the phrase “in consultation” could not be understood in the purely consultation, as indeed was the nature of a firm and binding voice belonged to the wider workers’ representation. Emphasizes that the contemporary use of the term “in agreement” can be understood as consultation with the assumption that the procedure checks will be placed precisely in the rules of work and in the workplace, there are trade unions which is agreed rules. Stresses that it is appropriate to develop guiding principles of inspection staff, so that the worker had secured at least minimum standards of legal protection, so that there is no background to this abuse. The author does share the postulate of the exhaustive calculation by the legislature cases, allowing the possibility of inspection. In his opinion the emphasis should be placed on the development of consciousness (including legal) relations employee - employer, in which both parties are aware of their entitlements and obligations, including the extent of the liability (eg. from criminal or civil liability) for exceeding.
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The main purpose of this article is to show certain aspects of the phenomenon of the criticism of law by the press (by journalists and other authors). This issue is discussed in the context of one of the norm-principles of law co-creating the principle of the rule of law – the principle of proper legislation. The legislative process in a democratic state is determined by legal norms. Some of them are the norm-principles of law (principles of law in a directive sense)which collectively makeup the principle of proper legislation. This norm-principle of lawsets certain obligations for the legislator. The way in which the lawmaker fulfills them is subjected to criticism by the press.
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In the represented article the child is considered as special legal person with respect to other participants in the civil revolution. The specific character of minor is evinced, first of all, by its lawful position or status. In this connection not only the definition of the concept of legal status of child is proposed by the author, but also is explained the theoretical and practical need for the isolation of the separate forms of legal status of minor, such as general, special and individual.
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Compulsory psychiatric treatment and confinement in a medical institution is one of the security measures that may be ordered for the offender in the criminal procedure and it is also the only criminal sanction of indefinite length. After the sentence is pronounced the execution of the measure follows. The execution of criminal sanctions is regulated by the Law on Execution of Criminal Sanctions, which remains vague in regard to this measure. The authors of this work attempt to find an answer to the seemingly simple but in fact very complicated question: where is this measure to be executed?
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At the end of World War I, in many European countries women won the active and passive right to vote. Poland was one of the first countries, where women were allowed to participate in political life. Already at the time of establishing the Legislative Sejm (1919) the first women-MPs took their seats in Parliament. Similarly, the situation presented itself in the case of the Senate. During its first session (1922) women participated in the works of the upper chamber. The purpose of this paper is to present the participation of women in the legislative work of the Senate in various terms of office. The participation of women in the legislative work of Parliament was characterized by their involvement in issues concerning education or social services, while avoiding participation in the legislative work or that dealing with political matters. The situation presented itself differently as regards women’s involvement in the work of the Senate. A good example here was the activity of Dorota Kałuszyńska, who – during the work on the so called April Constitution of 1935 – not only participated in it very actively, but also ruthlessly attacked the then ruling camp. Another very interesting episode related to activities of women in the Senate was an informal covenant during the work on the bill to limit the sale, administration and consumption of alcoholic beverages. Belonging to different political groups: the said D. Kłuszyńska as a representative of the Polish Socialist Party, Helena Kisielewska from the Bloc of National Minorities and Hanna Hubicka of BBWR [the Nonpartisan Bloc for Cooperation with the Government] unanimously criticized the regulations in force, which – in their opinion – did not fulfill their role when it came to anti-alcohol protection. The participation of women as far as their number was concerned was indeed small, but the Senate (like Parliament) of the Second Republic functioned in the period when women had just begun their activity on the legislative forum. Undoubtedly, it was a very interesting period, in which women had the benefit in the form of gaining their parliamentary experience. For example, it gave rise to subsequent activities of Dorota Kłuszyńska, who actively participated in the legislative works of the Sejm in the years 1947–1952, dealing with social issues or family.
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The subject of this article is to present the existing solutions in Poland expro- priation in the concept and purpose. Deprivation or restriction of property rights from the social point of view, is perceived as unjust action and specific sanctions against the holder of the property. Such feelings may raise that the state gives priority to the implementation of the objectives recognized as important for society over the individual interests of the citizen. In article will be presented concept, and the types of rules governing expropriation as well as what appears to be the most important goals for which it can be done.
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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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The study presents three types of courts, i.e. courts of conciliation, courts of honor, and civic courts, that functioned outside the official administration of justice in the Polish territory which was divided among the three imperial powers in the nineteenth century. Beyond this, it focuses on popular methods they employed in rendering judgments. The study is based both on literary and journalistic sources, mainly memoirs. Polish writers and publicists attached particular importance to the courts of conciliation. They depicted them as a part of Polish culture and emphasized their great practical importance. They pointed out how these courts passed hundreds of judgments trying to satisfy both parties in any given dispute or take into account their claims according to the “fifty-fifty” rule, widely known in Poland as splitting the difference or a “Cracow bargain”. Moreover, Polish writers wrote about the courts of honor, which began to change their meaning during the late nineteenth century. Until that time they had been functioning as bodies deliberating on allowing armed duels. But by the end of the nineteenth century their judgments began more often to order apologies to the offended party. Polish writers and publicists recommended to the courts of honor that disputes should be settled amicably, i.e. by passing judgments that ordered apologies or the retraction of insults. In this way, the writers took an active part in the public debate concerning duels, which continued into the beginning of the twentieth century. The writers also popularized the civic courts, which had a very specific character. They could investigate Poles’ behavior in the public sphere, and condemn anything they regarded as morally forbidden as being detrimental towards Polish society. A condemnatory judgment from a civic court carried a certain stigma with it, i.e. the state of being deprived of honor and rights within the Polish community. A social activist, priest, or writer who received a condemnatory judgment, had to cease his or her public activity and publications of his or her works, which meant, in fact, a large measure of exclusion from Polish society. One of the notable Polish men of letters, Stefan Żeromski, treated civic courts’ activities with reserve, on the other hand, he never dared to impugn their role.
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In the papyri various leases and rents were designated by the collective term misthosis, which includes so-called locatio conductio rei, as well as l.c. operarum and l.c. operis. In Egyptian legal practice leases had an informal character. Free persons were leased out by their relatives. The papyri contain a variety of agreements which can be considered to be more closely equivalent to locatio conductio operarum. They are conducted by free people, who let out their services. We also know of employment agreements shaped in a manner similar to those relevant to manual labor in which people of relatively high social standing were engaged as professionals. Use of a written form was beneficial to an employee, as it prompted him to give greater consideration to contractual provisions. Although there was no jurisprudence in the Greek system, the complex economy of Graeco-Roman Egypt functioned adequately, and the experience of notaries allowed parties to satisfy their interests.
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The right to just remuneration has been introduced to Polish Labour Code as one of the fundamental principles of the protection of workers. However, the lack of the legal definition makes it necessary in the course of its interpretation to reach for international acts. Art. 4 of the European Social Charter as one of the fundamental rights of the worker determines the right to a just compensation, that would guarantee a decent standard of living. The Polish regulation of the right to decent remune- ration, however, does not correspond to the level of justice set out in international standards. Taking into account the criteria set by the International Labour Organisa- tion and the Committee of Independent Experts, the Polish law on the minimum wage should be commented critically, because the current level of minimal wage does not guarantee an adequate standard of living for workers.
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Freedom of association has its origins in an idea of civil society. The civil society with long and complex history becomes a fundamental element in a nowa- days discourse on a well governed state.The tendency of unions to engage in political activity, whose main players are the political parties, should be considered as a trend common, conditioned in many countries historically. There is no doubt, however, that the direct participation of unions in political activities may be raised a lot of controversy from the point of view of their basic goals and tasks as independent social organizations established to represent and defend the rights and interests of workers.
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The aim of the article is to analyse whether villain under the English common law was legally the same category as slave under the Roman law. Perhaps at first sight a remarkable notion, such conclusion could be theoretically justified by the evident reception of Roman law in a major medieval book of authority De Legibus et Consuetudinibus Angliae by Bracton. With regard to the personal status Bracton uses terms found in the Roman law codification of Justinian. To examine the question, the article from the methodological perspective compares the terminology, modes of acquiring and loosing the servile status and the legal capacity of slaves and villains. In its second part the article examines the judicial proceedings subject matter of which is the determination of disputed status libertatis. Since both the Roman and the common law system are systems built on remedies rather than substantive rights, principally the Roman controversia de libertate and the English writ de native habendo as the respective forms of action are examined.
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The article describes the institution of Jointure, which was present in the Polish Crown. This institution provided the possibility to mutual demise to a spouse the usufruct and collection of income from assets (movable and immovable property), without the possibility of taking action violating the rights of owners. People could pass both pledged and unpledged assets and estate. A characteristic feature of this institution was, that the legislation was imprecisely regulated, which had enormous impact on common law and jurisprudence. In the article I analyse in detail the process of applying the law from the moment on November 12, 1748 when Klemens Branicki signed the marriage contract with Stanislaw Ciołek Poniatowski and Konstancja Poniatowska of the Czartoryski. An agreement of Jointure was prepared 10 days later, in which Izabela and Jan Klemens Branicki endowed each other with all of their assets. This agreement was signifi cantly modifi ed by the hetman in his will in 1769. After the death of the Castellan of Cracow a long lawsuit began between his successors and the widow – Izabela. The lawsuit was finally settled in 1800. The most important procedural step was a decision handed down by a special court authorised by the constitution in 1774.
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This article concerns only one period of Adam Vetulani’s life, when he was occupied with legal practice (from 1924 to 1934, when he worked as an articled clerk in the Court of Appeal in Cracow). From this period only the first year was a time of effective learning; the rest of the time Vetulani spent on dissertation, which was possible thanks to help he was given from the administration of justice. The article is the first publication about this, until now unknown, period in professor Vetulani’s life.
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In the year 2015, in the Chairs of the Faculty of Law and Administration of the Jagiellonian University which are concerned with legal and constitutional history, apart from the normal didactic and scholarly activities of the staff , several research projects were being continued, two were finished, and a few new ones were launched. At the beginning of the year two important anniversary events in honor of meritorious professors also took place.
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The XXIst Annual Forum of Young Legal Historians titled “Law in Transition” was organised March 1st through 3rd 2015 by The Buchmann Faculty of Law, Tel Aviv University. The conference gathered over 65 participants from 20 countries, including representatives from non-European universities (USA, Canada, India, Australia). Seven sessions (that included 17 panels) were held March 1st and 2nd. Eleven young Polish legal historians representing the University of Warsaw (6), the Jagiellonian University in Kraków (3), Adam Mickiewicz University of Poznań (1) and the Polish Academy of Sciences (1) gave their speeches during the conference.
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