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The article deals with the specifi city of the noble democracy in the Polish-Lithuanian Commonwealth. Contrary to the absolutism dominant in Western Europe, where the fullness of power was concentrated in the hands of the monarch, in Poland, starting from the 16th century, power passed into the hands of the noble state, and republican forms were mixed with monarchist ones (the so-called republica mixta).The Sejm becomes the highest organ of power, bringing together the full legislative power, the power of the elected monarch gets limited, the administrative structure – based on lifetime offices – is anachronistic (until the middle of the 18th century), the judiciary retains its state character and from the 16th century becomes independent of the king, which is unique compared to most of the then existing countries. The system of democracy of the nobility created at that time clearly distinguishes the Polish political system from the solutions that were dominating during the modern era. In the first half of the 18th century, this form of government becomes deformed. During the magnate oligarchy, real power passes into the hands of a small group of the richest. Poland is in the state of decline. To counteract this, reforms are being gradually introduced during the reign of Stanisław August Poniatowski, the last Polish king. However, they prove to be long overdue. The constitution passed on May 3, 1791 – the second in the world – did not last long, and the third partition of Poland meant the loss of independence for 123 years. The reasons for the fall of the Republic of Poland can be found in the external factors, in the disintegration of state institutions and the growing anarchy, but also in a specific Polish systemic anomaly, which did not withstand the confrontation with the centralized absolute monarchy of the neighbouring countries.The attempt to build in Poland a democratic state based on law turned out to be premature.
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The article presents the systemic and legal changes introduced in Kraków during its affiliation to the Duchy of Warsaw (1809–1815). At that time, Kraków belonged to the “Napoleonic” Europe. The article describes changes in the official name, status and administrative division of Kraków, changes in the administration and judiciary, which also directly affected Kraków, and resulted from the introduction of legal solutions in the Duchy of Warsaw, based on French standards. The legal status of the Jewish population living in Kraków at that time was also presented. At the end, the legal, political and social consequences of Kraków’s membership in the Duchy of Warsaw were indicated.
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The matters most frequently discussed in the universals of the Permanent Council, apart from the issues of the judiciary and judicial law, were matters related to economics. Particular emphasis was placed on the functioning of royal cities under the supervision of the Police Department of the Permanent Council, including control over the course of propination auctions. In single universals, the Council focused its attention, among others, on the issues of road infrastructure, agriculture, forestry, the raw materials industry, trade and treasury.
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What concepts underlie the organization of public authority over the peasants in the constitutional Kingdom of Poland? Was there any intention to reform the administrative system inherited from the Duchy of Warsaw? To answer these questions, the research of the concepts formulated during the work on draft bills in the years 1814–1818 in order to modify the assumptions developed in the Duchy, on which the public authority entrusted to the wójts was based, was carried out. It commenced by the so-called Civil Reform Committee on the legal and systemic reconstruction of the Duchy of Warsaw in July 1814. The closing date is determined by the moment of issuing the order of the Establishment of communes and wójts on May 30, 1818. The article is divided into two parts. The first part discusses the works and debates conducted until the rejection of the first draft bill presented to the Council of State on February 28, 1817.
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The effects of colonialism persist until the present day, although many of its characteristics have been transformed through digital information technologies that enable algorithmically- driven environments in which the lack of regulation and governance perpetrates the exploitation of vulnerabilities. These colonial characteristics are equivalent to current digital information activities and they refer to the more general concept of coloniality. Thus, unlike colonialism, coloniality continues as a way of relating power, knowledge, being and gender, but on a more sophisticated environment. The emergence of new information and communication technologies, based on the mechanisms of Artificial Intelligence, has favored a virtual environment called Infosphere, in which informationally embodied organisms (inforgs), as well as the strengthening of a digital colonialism formed by technological companies from the Global North, allow the accumulation of wealth and profit at the expense of inequalities and social injustices imposed by a new hegemonic digital colonialism that emerges and is guided by surveillance capitalism, which, once again in history, causes epistemic violence in relation to other virtual knowledge sources, insofar as it considers people as the product or raw material of this nefarious system. The emergence of data protection laws all throughout the globe is still a recent phenomenon, but clearly not sufficiently effective as a counterpoint for the problem at hand. Improving information and AI ethics and algorithm development governance have been widely discussed and praised as adequate means to overcoming and/or diminishing the impacts of such unwanted practices. Even though that might still be regarded by some as a farfetched idea in a world of intercultural variety, pluralistic approaches to its understanding are an essential way of improving regulation. The Brazilian legal frameworks for Internet, privacy and data protection, which the research article will seek to deeply analyze, are still surrounded by skepticism due to the incipient sanction and liability enforcement mechanisms. Decolonial thinking is definitely an important subject and critically discussing the ever-challenging reality of the few global elites that currently dominate the Infosphere is an important step towards the desired ethical approach in Brazilian AI development. The forthcoming article has its main objective focused on the study of decolonial thinking in the aforementioned context of new hegemonic digital colonialism in Brazil. To achieve that goal, the deductive approach method shall be used, from the analysis of general premises in order to reach a particular conclusion, as well as bibliographic research.
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In order to achieve the assumptions of the European Green Deal program by 2050, it should be emphasized how important is the cooperation between market participants: government, local governments, enterprises and citizens in order to fulfill the program assumptions. The essence that shapes cooperation platforms is Art. 7, points 7a and 7b of Directive 2012/27 / EU, which contains provisions on the involvement of energy service providers, citizens, as well as accredited entities and public authorities. I based my content on the implication of Directive 2018/2001 (Renewable Energy Directive II), on the promotion of the use of energy from renewable sources on market participants and the regulation (EU) 2019/941 on risk preparedness in the electricity sector and related to ensuring security of renewable energy. The above regulations show the essence of energy and climate decisions made at the national and neighboring countries level, and generally on energy prices, security of supply, emissions and mutually. Within the framework of a specific REE, as an example, agricultural biogas was analyzed, but also biogas from a landfill on the example of a case study of the city of Tarnow and the energy cluster established there. Legislative and economic difficulties in the development of agricultural biogas plants in Poland in relation to the German market were diagnosed, such as the lack of feed-in tariffs or the issue of certificates of origin. The considerations show the paths of introducing a system of incentives for market participants and identifying the key measure of renewable energy sources (specificity of the region) to be used by market participants.
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Establishing the Free City of Krakow (1815–1846) at the Congress of Vienna, the protecting powers of Austria, Russia, and Prussia decided that new codes of laws would be adopted in place of the French and Austrian law that had been in force on its territory so far. The subject of this article in its first part is the analysis of codification works carried out in Krakow in the years 1816–1818 by the Assembly of Representatives and the Legislative Committee appointed by them. The result of this work, conducted under the supervision of the Organizing Commission headed by the residents of the protecting powers, was the enactment in 1818 of 297 principles of law to the proposed but ultimately not introduced codifications. The second part of the paper presents a detailed analysis of the adoption of 31 principles of inheritance law to the new civil code being prepared, which was to replace the Napoleonic Code (Code Napoléon). This analysis indicates to what extent the Krakow legislators intended to base their own civil codification on the solutions adopted in French law.
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This article is a comparison of current electoral legislation on active and passive suffrage in parliamentary elections in the countries of the former Yugoslavia (Bosnia and Herzegovina, Croatia, Montenegro, Northern Macedonia, Serbia and Slovenia). Furthermore, the article verifies two research hypotheses. It was verified whether these countries show significant differences with respect to each other in the aforementioned scope, taking into account the fact that they were recently part of the one legal system. It was also examined whether the regulations implementing the active and passive suffrage in the relevant states can be considered as compatible with the democratic principle of universal suffrage. The analysis of relevant constitutional and statutory provisions allowed answering such questions. Both hypotheses were verified negatively. It turns out that in the states of former Yugoslavia there are significant differences in the scope of realization of active and passive suffrage in parliamentary elections. However, only the electoral provisions of Croatia, Serbia and Slovenia fully comply with the principle of universal suffrage.
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The article is the result of an analysis of the Polish and European legal order in the field of visas and the possibility of appealing against refusals issued by visa authorities, especially by the consul of the Republic of Poland. The author takes a closer look at the regulations of consular law existing until recently, repealed as a result of doubts about their constitutionality, confirmed by the Constitutional Court, and also raises the issue of the distinctiveness of proceedings before the consul of the Republic of Poland being the subject of the Act of 25 June 2015 – Consular Law. Along with pointing out the distinctiveness of proceedings before the consul, the author draws attention to the norm prejudging the exclusion of the application of the Code of Administrative Procedure “in cases belonging to the jurisdiction of Polish diplomatic representations and consular offices” (art. 3 § 2 pkt 4 k.p.a.) and to the norm contained in art. 5 pkt 4 of the Act of 30 August 2002. Law on Proceedings before Administrative Courts (PPSA), referring directly to the lack of jurisdiction of administrative courts in cases concerning previously all visas issued by the minister in charge of foreign affairs or consuls, and now only national visas for most purposes for which such can be issued. The author also takes a closer look at the content of the decision of the Supreme Administrative Court (NSA) II OSK 1346/16 and the judgment of the CJEU in response to the preliminary question in the Soufianne El Hassani case, which together led to a reflection on the primacy of the application of European law and the guarantees contained therein, which cannot be restricted by the law of a Member State, and ultimately became the catalyst for changes in the PPSA allowing an appeal against a refusal decision of a Polish consul to an administrative court. In the conclusion following the analysis of judgment of the CJEU C-949/19, which confirmed the jurisdiction of administrative courts over certain national visas, the author made de lege ferenda comments.
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In polygraph history, Cleve Backster’s “numerical scoring chart analysis” is considered as revolutionizing the manner of polygraph charts analysis. Yet, earlier history of chart analysis, as being reviewed in this publication, lead to the conclusion that the “numerical scoring chart analysis” was more evolutionary rather than revolutionary.
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In Latin America, the investigative interview is still in its beginnings. Currently, most public and private investigators use interview and interrogation techniques aimed at obtaining admission or confession, instead of applying Investigative Interview techniques focused on information gathering. This document provides an overview of the Conversation Management Approach. This is an investigative interview technique used to interview uncooperative criminal suspects, such as those accused of feminicide. An example of how to apply the technique in a case of feminicide is shown, to serve as a guide to good practices. This technique consists of three phases that must be considered when administering and applying the interview. In the first, the behavior before the interview is reviewed, in which the planning and preparation of the interview was carried out. The second phase is the interview to elicit information, which consists of a variety of questioning style techniques, explanation of procedures and instructions to follow, rapport building, and clarifi cation of information. The third phase is called the post-interview phase, which consists of closing and evaluating the entire interview process. The objective of this work is to provide Latin American interviewers with information on the best practices in investigative interviews used in other countries, to raise their aware of the need for training in this area. The correct application of investigative interview techniques is essential to investigate crime, and training of interviewers in this type of technique is necessary to improve the results obtained through interviews.
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The authors of this article consider the advantages of using a visual version of CIT during polygraph examinations. The presentation of the rarely used CIT encourages to discussion about the possibility of implementation such tests in serious criminal cases. Their application takes a form similar to the police lineup. However, the main difference is that the suspect reviews photographs of possible crime victim. In the described case we are dealing with a so-called “reverse police lineup”. As the result, the visual CIT proved that the examinee knew the victim of the crime, despite the fact that he had previously denied this. Thanks to the examinee’s arousal recorded on the key question, it was also possible to obtain the desired psychological effect in the form of the perpetrator’s confession and the indication of other evidence proving his guilt.
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The worsening mental health of children and adolescents is a growing issue, both globally and – with some delay – in Poland. This is primarily due to the ever-increasing challenges in this area. The COVID-19 pandemic only exacerbated these problems, as psychological and psychiatric care receded into the background during a situation of the pandemic threat caused by the Sars-CoV-2 virus. At the same time, the level of fear, anxiety and stress associated with the real threat to health and life, as well as the forced social isolation increased, which only compounded with the pre-existing problems. Children and adolescents have been deprived of real contact with their peers, which is particularly problematic from the perspective of their proper psycho-social development and overall well-being. Moreover, in the initial stages of the pandemic, some were confined to their dysfunctional homes, cut off from the external environment (school, teachers, psychologists, friends), and therefore without support in this highly difficult situation. Now – thanks to widespread immunization – the pandemic situation is slowly stabilizing, so schools are returning to on-site education, but the emphasis is primarily on catching up with the material, and not necessarily on rebuilding the social ties. So are school principals in Poland aware of their students’ mental health issues? Are they aware of the new mental health challenges faced by children and adolescents? Do they have a plan to support the mental health of students in their charge? In the context of the aforementioned issues, the purpose of this article is to increase the awareness of the problem and to develop possible support plans for the mental health of students in the face of the existing health and social crisis caused by the COVID-19 pandemic that could be implemented by the school administrators in Poland. To research this notion, an online survey was conducted among school headmasters in Poland. The survey results and its conclusions may prove interesting – in particular – for the headmasters of educational institutions, school psychologists as well as educators, teachers, parents and anyone interested in education management and mental health of children and adolescents.
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The article discusses the impact of the growing involvement of artificial intelligence algorithms on taxation systems. It highlights the need to redefine tax systems in the context of allocating resources for public goods and compensating individuals excluded from the labor market due to automation. The article draws attention to the challenges in effectively taxing corporations that use AI, which generate significant revenue through licensing and commercialization of technology. It considers various concepts of granting legal personality to AI and the consequences of such a solution for tax regulation. The article also discusses legal regulations concerning tax obligations and methods of enforcing tax commitments.
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The author describes the institution of conversion of court proceedings to arbitration, which was added to the Code of Civil Procedure in 2023. The article identifies the advantages and disadvantages of this solution both dogmatically and from the perspective of time and financial efficiency for business. The author also poses the question of the impact of the introduction of conversion on the popularisation of arbitration in Poland. Moreover, whether only the initiative of the legislator and the executive power has an impact on the promotion of the idea of arbitration.
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After the amendment to the Code of Civil Procedure, the issue of restrictions on the enforcement proceedings regarding to farm components is regulated by the new provisions of Articles 8291 –8295 of the CCP. The aim of the considerations is to assess the correctness of the solutions applied by the legislator and to interpret these regulations taking into account the requirements of the enforcement practice. In conclusion, the author stated, inter alia, that the new regulations are basically correct. However, it would be appropriate to introduce a correct term „animal or movable property” to Article 8294 of the CCP and to make an identical regulation in the provisions restricting the execution relating to farm components in the CCP and Article 8a of the Act on enforcement in administration.
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The handing over as physical evidence of movables abroad for foreign criminal proceedings is governed by procedural rules on international legal assistance rather than any administrative laws. Article 84 of the Law on the Ministry of Interior shall regulate the remaining cases of handing over of movables but with a necessary restriction to prevent the rights of bona fide possessors from being violated.
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The subject of the article are legal regulations concerning giving and changing names and surnames, analysed in the context of their role in the formation of society in countries with non democratic systems, including the creation of a model member of such a society. Administrative law and administration will be shown as a tool serving the current interests of the ruling power. The importance of the name and surname in shaping a person’s personality and strengthening his relationship with a specific group will be explained, and the consequences of changes in this area will be indicated. The article will also highlight and discuss two types of provisions of legal acts regulating the granting and changing of a name and surname. The former make it possible to separate the model members of the new society from its enemies and make it easier to identify and eliminate undesirable people (laws in force in the Third Reich). The second enables the creation of a homogeneous society through the forced assimilation of selected individuals (laws in force in People’s Poland aimed at de-Germanisation). The article uses the legal-dogmatic method, consisting in the analysis and interpretation of the texts of legal acts, and the historical and legal method, taking into account the changes of the analysed legal institution over the years. The work also takes into account the practice of applying the law in the researched area.
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In the current context, in which energy and natural gas prices have risen significantly, more and more consumers are considering renewable energy sources, such as the energy produced by photovoltaic panels, as alternative solutions. Consequently, we will detail below the main accounting and fiscal aspects that legal entities should consider.
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