International legal regulation of electronic document circulation

Author(s): Saule KUSHYBEK / Language(s): English Issue: 10/2021

Electronic documents are a type of document that exists only in digital form. These electronic documents are the information product of the latest electronic information technologies such as Internet technologies, WWW technologies, multimedia. Electronic document circulation is known as a system of electronic document management, the relations between the participants of which are regulated by national law and other regulatory legal acts. On the basis of international legislation and legislation of foreign countries, the analysis of the essence and content of electronic document circulation is carried out, the legal relations that make up this concept are defined, the concepts and use of electronic documents and electronic signatures are studied. The unification of rules on electronic documents and their use in contractual relations are the cause of economic and legal issues. The article examines and conducts a comparative analysis of the features and effectiveness of the laws of United Nations Commission on International Trade Law (UNCITRAL), the directives of the European Union and the Convention laws in the emergence of electronic document management.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 47/2014

СУДСКА ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 47/2014

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 48/2015

Prawne i praktyczne aspekty funkcjonowania rad rozwoju obszaru gospodarczego

Author(s): Damian Staniszewski / Language(s): Polish Issue: 1/2023

On the territory of the Republic of Poland, there are currently 14 companies managing special economic zones, subordinated to the minister responsible for economy. Each of them operates in a specific area of Poland. Pursuant to the Act of 10 May 2018 on supporting new investments, each special economic zone appoints an economic area development council. It performs a consultative and advisory function and is composed of representatives of entrepreneurs, local government units located within the area managed by the zone, and representatives of voivodship councils for social dialogue. The aim of the article is to discuss the functioning of economic area development councils in the legal and practical aspects and to attempt to formulate proposals for necessary changes in this area. This task is carried out through the analysis of the current activity of economic area development councils based on information obtained from entities managing special economic zones as part of access to public information.

O postrzeganiu prawa na przykładzie sprawy rolnej z ustawy o kszałtowaniu ustroju rolnego

Author(s): Zygmunt Truszkiewicz / Language(s): Polish Issue: 1 (32)/2023

The article illustrates the relationship between the perception of the law and its practical application. For this purpose, a case was used in which controversies arose concerning the application of the Act on shaping the agricultural system. Those controversies boiled down to the question of whether the regulations contained in this Act and concerning the acquisi- tion of agricultural real estate should also apply in the case of the transformation of a limited liability company into a limited partnership. The deliberations performed showed that the legal assessment of the same issue may differ depending on whether the person making the assessment adheres to a positivist or natural law perception. The former tends to lead the interpreter to rely mainly on a literal interpretation, while the latter tends to rely on other methods of interpretation, including a functional-objective interpretation. The latter even implies the need to verify positive law and to concretise legal norms in atypical cases. Such an approach allows to avoid legal assessments that lead to consequences that are, on the one hand, in line with the literal reading of the rules and, on the other hand, irrational and therefore unjust and wrong.

Considerații teoretice și practice cu privire la concediul de odihnă acordat salariatelor care urmează o procedură de fertilizare in vitro

Author(s): Eduard Traian Nicolau,Marilena Nicoleta Balabuti / Language(s): Romanian Issue: 2/2023

The rest leave granted to employees undergoing an „in vitro” fertilisation procedure was introduced by Emergency Ordinance No 26/2019 amending and supplementing certain legislative acts published in the Official Gazette, Part I, No 309 of 19 April 2019. Although it represents a right and its regulation is found in Law no. 53/2003 - Labour Code republished, with subsequent amendments and additions, the practical situations that an employer and his employee undergoing a fertilization procedure may face, do not find legislative solutions in the reference normative texts.

Forms of Legal Responsibility of Politicians and Officials of the Executive and Administrative Authority in Bosnia and Herzegovina De Lege Lata and De Lege Ferenda

Author(s): Fuad Purišević,Armin Kržalić / Language(s): English Issue: 53/2023

The question of responsibility in general, and in particular forms of legal responsibility was, is and will be an actual problem of any social system. The social system is as stable and progressive as the principles and norms of responsible behavior are respected and implemented. Responsible behavior cannot be achieved by declarations and proclamations of norms, but rather, represents a permanent activity on the effectuation of legal norms by the administrative authority in the environment of a stable and progressive policy determined by the executive authority. In this way, responsible action is advocated and favored, as well as awareness of the inevitability of responsible work. Otherwise, sanctions will follow, which are the consequences of not complying with legal norms. The paper analyzes the legal and political responsibility of personnel in the narrower and broader sense, as well as all other forms of legal responsibility of politicians (criminal, civil, misdemeanor, and disciplinary). The legal and political responsibility of politicians is a consequence of the violation of the legal norm/s. Those legal norms explicitly instruct politicians to perform their duties in a certain way and according to a certain procedure. Hence the determination to objectively analyze the forms of legal responsibility of politicians and officials of the executive and administrative authorities in Bosnia and Herzegovina through a descriptive method. The results of the analysis indicate that the political responsibility of officials in our country is de facto extralegal, and therefore not regulated by legal norms. This practically means that the political responsibility of officials in Bosnia and Herzegovina is completely outside the sphere of law, which is nonsense.

Oblici pravne odgovornosti političkih funkcionera i službenika izvršne i upravne vlasti u Bosni I Hercegovini de lege lata i de lege ferenda

Author(s): Fuad Purišević,Armin Kržalić / Language(s): Bosnian Issue: 53/2023

Pitanje odgovornosti općenito, a posebno oblika pravne odgvornosti, bilo je, jeste i biće aktuelan problem bilo kog društvenog sistema. Društveni sistem je zapravo onoliko stabilan i progresivan, koliko se poštuju i ostvaruju principi i norme odgovornog ponašanja. Odgovorno ponašanje se ne može postići dekleracijama i proklamiranjem normi, već to predstavlja permanentnu aktivnost na efektuiranju pravnih normi od strane upravne vlasti u ambijentu stabilne i progresivne politike koju utvrđuje izvršna vlast. Na ovaj način se zagovara i favorizira odgovorno djelovanje, te svijest o neminovnosti odgovornog rada. U protivnom, slijede sankcije koje su posljedice nepoštivanja pravnih normi. Rad analizira pravno političku odgovornost kadrova u užem i širem smislu, kao i sve druge oblike pravne odgovornosti političkih funkcionera (krivičnu, građansku, prekršajnu i disciplinsku). Pravna politička odgovornost političkih funkcionera je posljedica povrede pravne norme/i. Te pravne norme političkim funkcionerima eksplicitno nalažu izvršavanje njihovih poslova na određeni način i po određenom postupku. Otud i opredjeljenje da na objektivnoj ravni, putem deskriptivne metode analiziramo oblike pravne odgovornosti političkih funkcionera i službenika izvršne i upravne vlasti u Bosni i Hercegovini. Rezultati analize ukazuju da je politička odgovornost funkcionera u našoj zemlji de facto vanpravna, pa zbog toga i nije regulisana pravnim normama. To praktično znači da je politička odgovornost funkcionera u Bosni i Hercegovini u potpunosti izvan sfere prava, što je nonsens.

Modele wyboru głowy państwa na przykładzie Republiki Federalnej Niemiec, Republiki Włoskiej oraz Rzeczypospolitej Polskiej

Author(s): Wiktor Żochowski / Language(s): Polish Issue: 1/2022

The president has a peculiar, somewhat unclear function in the Polish legal system. Despite being elected by common vote, which should give him significant authority, the Polish president does not hold important prerogatives. The main goal of the article is the analysis of different head of the state models, best exemplified by the Federal Republic of Germany and the Republic of Italy, and a major aspect of the presidency — the significance vested in the fact of being elected. The analysis leads the author to postulate introducing gradual changes in regulations pertaining to the office of president in the Polish Constitution modelled on of the German Basic Law and Constitution of Italy.

Sesiunea anuală de comunicări științifice „Dreptul și societatea în tranziție” (20 aprilie 2023, București)

Author(s): Radu Stancu / Language(s): Romanian Issue: 2/2023

Pe data de 20 aprilie 2023 au avut loc la sediul Institutului de Cercetări Juridice „Acad. Andrei Rădulescu” („ICJ”) al Academiei Române – Casa Academiei Române din București, sesiunea anuală de comunicări științifice.

Pomoc adwokatów Ukraińcom przybywającym do Polski

Author(s): Anastasiia Kovalchuk / Language(s): Polish Issue: 32/2023

The author aims to present the possibilities of helping Ukrainian citizens from the practical side, as based on author’s own professional experience. To that effect, the paper considers various legal issues faced daily by Ukrainians who came to Poland after the outbreak of the war in Ukraine. The purpose of the article is also to study the changes in Polish legislation that were introduced to simplify the possibility of regulating the legal situation of Ukrainian citizens residing in Poland. The work touches upon the issue of legalizing the stay of Ukrainians on the territory of the Republic of Poland, the care and guardianship of minor children coming from Ukraine, the transfer of economic activity from Ukraine to Poland, as well as the issue of marriage conclusion by Ukrainians in Poland.

Zapis windykacyjny przedsiębiorstwa w spadku albo udziału w przedsiębiorstwie w spadku

Author(s): PAWEŁ WIDERSKI / Language(s): Polish Issue: 1/2023

The present article discusses the problem of the enterprise in the inheritance as a subject of the specific bequest. Its aim was to defend the thesis according to which it is legally permissible to make the enterprise in the inheritance or the share in the enterprise in the inheritance the subject of the specific bequest. The article uses the logical-linguistic method and also the argumentative method (legal topic). The analysis conducted in the article shows that the subject of the specific bequest can be the enterprise in the inheritance or the share in the enterprise in the inheritance, for which an extensive argumentation has been presented.

Artykuł recenzyjny (polemiczny) książki pod red. M. Nowaka pt. Rola prawa w systemie gospodarki przestrzennej

Author(s): Marta Woźniak / Language(s): Polish Issue: 2/2023

The article of a review character undertakes a polemic with the authors of the book edited by M. Nowak entitled The Role of the Law in the Spatial Management System on spatial planning and development presented from the perspective of the law. The authors undertook to present the role of law in the spatial management system, but they did so taking into account the fact that in spatial planning, apart from lawyers, there are also such participants as urban planners, city and landscape architects, officials and the public. In the book there are not only material legal accents embedded in the themes of environment, cultural landscape and monuments, but also procedural threads. There are issues of a general nature, concerning the role and interpretation of the law, interdisciplinary issues, reaching into other sciences (economics, urban planning), specific issues (fee) and issues of a changing and dynamic nature (COVID-19 and spatial policy). The work strongly emphasises the axiological dimension with references to phrases such as public interest or common good. In good conscience, I recommend reading the book to all those interested in ‘planning law’ in the broadest sense of the term, and to those who prefer the intersection of legal and non-legal sciences. The book will also appeal to the academic community and the legal profession.

Inkongruencja polskiego ustawodawstwa z prawem europejskim w świetle najnowszego orzecznictwa TSUE, SN i TK

Author(s): Wiktor Żochowski / Language(s): Polish Issue: 42 (1)/2023

This study talks about a collision between Polish legislation and European law by analysing the latest case law of the Polish Supreme Court, the Court of Justice of the European Union and the Polish Constitutional Tribunal. The aim of this study is to investigate the consequences of conflicting judgments, both from the current perspective and in view of the future. This discussion constitutes a basis for reflecting whether the correct exercise of the right to a fair trial may be considered in the case of a contradiction between two legal orders applicable to a citizen. The author analyses this subject matter against judgments of European tribunals and Polish courts, using the available literature and commentaries and investigating the law in force. The methodology of the work consisting in confronting judgments that present divergent positions with the simultaneous presentation of scholarly opinions will allow the author to scrutinize the impact of the presented facts on the correct exercise of the right to a fair trial.

Umowa koncesji na roboty budowlane lub usługi — pomiędzy umową cywilnoprawną a publicznoprawną

Author(s): Krzysztof Horubski / Language(s): Polish Issue: 334/2022

The article discusses the legal nature of concession contracts for works or services. It draws attention to the fact that such contracts can be simultaneously described as both civil law and public law contracts, assuming that appropriate provisions are applied and the right basis is determined — a normative one or that of the science of administrative law and public economic law. These conclusions are justified by the fact of the interpenetration and mutual interaction, in the legal regulation of concession contracts, of the dominant principles of public law (equal treatment, order to protect competition) and the principles of private law (limited, but not excluded freedom of contract).

Przegląd orzecznictwa Sądu

Author(s): Kacper Milkowski / Language(s): Polish Issue: 2/2023

The resolution of the panel of seven judges of the Polish Supreme Court of June 21, 2023 (case file no. III CZP 94/22) is of utmost importance for legal practice. In the resolution, the Polish Supreme Court assumed that Article 2 of the Act of July 6, 2001 on preserving the national character of the country’s strategic natural resources does not exclude the possibility of usucaption of real estate constituting a state forest. Another important resolution of the Polish Supreme Court is the resolution of the panel of seven judges of June 14, 2023 (case file no. III CZP 84/22). As indicated by the Supreme Court, declaring the debtor’s bankruptcy does not cause the creditor’s loss of legitimacy to bring an action to declare the debtor’s legal act ineffective under Art. 527 of the Civil Code.

Органы местного самоуправления в системе публичной власти: опыт Польши и России

Author(s): Viktor A. KOZBANENKO / Language(s): Russian Issue: 333/2021

The article deals with several aspects of the organization and activities of local government authorities in the system of public authorities. The basic concepts of local government theories, which influenced the formation of legislation on local government authorities in Poland and Russia, are discussed. Polish and Russian practical experiences regarding the legal forms of public law entities in the field of state and municipal administration are presented in a comparative manner, taking into consideration Tadeusz Bigo’s scientific views. The article presents the constitutional amendments on the unity of the system of public authorities, introduced into the Russian Constitution recently. On the basis of comparative analogies regarding organization and interactions between the state and municipal levels of public authority in Poland and Russia, the most significant directions and forms of their legal regulation are outlined.

Gospodarka o obiegu zamkniętym i przeobrażenia prawa o odpadach Unii Europejskiej

Author(s): Karolina Karpus / Language(s): Polish Issue: 1/2023

European Green Deal and the 8th EAP accelerated transformation of socio-economic life towards Circular Economy. Waste management may serve as an example illustrating this progression. The transfigurations of EU waste law, motivated by it, are designed in the light of the concept of Extended Producer Responsibility. The aim of the article is to use waste management as a case study of the legal aspects of integrated environmental approach applied in that regard. After enactment of the EGD and the new Circular Economy Action Plan, these aspects can already be identified.

Rola kryminalistyki w zwalczaniu szkodnictwa leśnego

Author(s): Sylwia Zadworna / Language(s): Polish Issue: 1/2023

In the presented study, the author raised the issue of forensic science in revealing and securing traces left at the scene of the commission of forest damage. She characterizes both the essence of forest damage, its types and statistics of these acts in recent years, and a forensic examination of traces at the scene of the incident, along with a description of those most often performed at such acts. Considerations in this regard included forensic trace research in the fields of traseology, mechanoscopy and osmology.