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The subject of this article is water law settlement as a special consensual form of administration activity. The thesis setting the direction of consideration is the assumption that the water law settlement is different from the administrative settlement; that these are two different legal forms of administrative activity showing their specificity, based on other provisions, both procedural and substantive. Water law settlement referred to in art. 235 of the Water Law, is of a different nature than the administrative settlement regulated in chapter 8 of the Code of Administrative Procedure. First of all, unlike the administrative settlement, it is an independent legal form. The proceedings initiated pursuant to art. 235 of the Water Law is aimed at concluding a water law settlement. Therefore, this settlement is not an alternative form of settling the case, but is the purpose of the proceedings. The issues of water law settlement are on the margins of interest in legal science. What's more, despite the fact that the water law settlement has existed for almost twenty years, the practice of its application is negligible. It seems that this is the effect of a small degree of knowledge of this legal form.
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The creation, merging and erasing of municipalities and poviats is the responsibility of the Council of Ministers, which makes these changes by way of a regulation. It is not clear from the regulations what should distinguish a rural from an urban commune. The city should have social and technical infrastructure as well as urban layout and nature of buildings. In the Act on commune self-government, settlement and spatial boundaries, taking into account social, economic and cultural ties as well as ensuring the ability to perform public tasks, were indicated as criteria for changes and establishing the boundaries of communes. The lack of a legal definition of municipal rights and specific conditions to be met by a town or commune seeking to obtain the status of a city seem to be in conflict with the principle of legal certainty, which is also influenced by the wide scope of administrative discretion. Obtaining the status of a city satisfies the ambitions of the inhabitants and gives the town a kind of prestige, mainly associated with promotional and marketing values. The status of the city is granted by way of a regulation of the Council of Ministers, which has a specific character - it does not establish general and abstract norms, but resolves the individual case of a commune or town.
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The gloss refers the judgment of 17 April 2018, II OSK 1410/16, in which the Supreme Administrative Court took the position that the right of the commune to determine the purpose of the area and the manner of its development cannot be abused. When exercising planning authority, the commune should always bear in mind that the restrictions on the right to property must be necessary due to the values that are more valued, e.g. the need for public interest. The Supreme Administrative Court found that determining the course of internal roads in the local spatial development plan should be preceded by a very thorough analysis of the factual and legal status in order to limit the planning of this type of road on private land to the necessary minimum.
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During the Covid-19 pandemic, most of the rights of prisoners were clearly limited. These restrictions temporarily affected, among others, visits, out-of-prison employment, prison furloughs and access to religious services. The introduced restrictions significantly increased dissatisfaction among prisoners, which manifested in prison riots in Poland (e.g. in Chełm) and abroad. It should be noted, however, that the full exercise of all the rights and freedoms of prisoners in the conditions of pandemic is not possible, even if compliance with the WHO guidelines set out in the document of 15 March 2020 is ensured. These guidance has been followed rightfully in practice by most Polish prisons and pre-trial detention centres and there have been no reports of serious coronavirus disease outbreaks.
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The main aim of the article is to discuss the development of Polish legal regulations on homeless animals. The research demonstrated that the problem of the protection of homeless animals had been marginalized by the Polish legislature for decades. This contributed significantly to the overpopulation of domestic animals and a significant increase in the number of homeless animals. The regulations currently in force fail to solve this problem as they focus more on remedying the effects of homelessness of animals than on preventing this problem.
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Principles and guidelines for efficient organization of operation constitute a set of directives and recommendations proposed by science, the conscious application of which – purposeful application significantly facilitates and accelerates operation and allows for achieving better results. The problem of protecting the rights of individual social groups exists throughout the world. Poland, like most other countries in the world, has ombudsman or quasi-ombudsman bodies in the form of various institutionalized ombudsmen who should be effective. It is important to have efficient, effective functioning in the internal law of the entity exercising appropriate control over whether the rights of individual social groups – human rights are properly exercised, secured and protected. Such entities include the ombudsman, whose counterpart is RPD. The subject of the Ombudsman’s control is checking both actions and omissions, i.e. the inaction of other legal entities. The legal form of RPD is also broadly understood cooperation with the administrative apparatus.
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The presented article was devoted to the issue of functioning of the compliance management system in the public sector. Substantive considerations include a legal analysis of the provisions concerning the implementation of the Compliance system at European Union level and also in the Polish legal system. In both cases, the procedures for reporting infringements are a key element in the functioning of the Compliance Management System. Introduction of new legal solutions to the Polish legal system is intended to improve the functioning of the public sector in our country. The article presents not only the proposed legal solutions, but also the concept of a Compliance Management System, with an indication of solutions in force in other legal cultures.
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Media coverage of the election campaign is an important part of the elections. Mass media plays a considerable role in the process of formation of the public opinion by strengthening such democratic values as freedom of speech, political tolerance, freedom of mind, editorial independence, etc. The coverage of election campaigns makes possible the mass media to be divided into two groups – print media and broadcasting media. Media coverage of election programmes is essential for the legal theory and practice. The legal theory describes the general term “election programme”. The programmes can be divided into several groups depending on their content and financial conditions – news programmes, current affairs programmes, free airtime for political parties, paid political advertising, etc. The special measures in the pre-electoral time are very important and popular for the current Bulgarian media practice. The analysis of the legal liability for broadcasting and publishing of materials by the media shows the effectiveness of the regulatory mechanisms within the national framework.
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The legal theory defines media policy as a system of legal rules, used by the state to reinforce certain regulatory models the media players should comply with. The regulatory mechanisms are the media law, the establishment of public media, the creation of a monitoring authority with administrative powers. The most common characteristic of the media policy is its independence, which may take three forms: independence of the regulatory authority, independence of the broadcasters and journalistic independence. The legal term ‘self-regulation of the media’ has two meanings. In broader terms, self-regulation includes all public factors, which may influence the creation of the civil structures, defending the public interest and the individual personal rights. The other meaning of the term ‘self-regulation’ can be described as a system of moral principles and professional standards, which are the bases for the ethical rules of the media and the journalists, voluntarily accepted by them on the principle of equality. The structures of the media self-regulation are the professional organizations of the journalists, the journalists’ codes of conduct, the journalist education and publications, groups for public pressure and control over the media, the ombudsman.
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There are two types of control over the content of the TV program: public and state control. The public control can be collective (under the Radio and Television Act) and individual (under the Law on Access to Public Information). The state control over the TV program includes the following subtypes of control — administrative, judicial and constitutional. The administrative control is an activity carried out by a state authority. The administrative control represents an instrument for supervision of the principle of legal compliance. The authorities performing this type of control stay outside the hierarchical structure of the supervised body. The administrative control is carried out by a regulatory body (Council of Electronic Media). The representatives of the regulatory body are competent to require materials and carry out inspections of the TV operators. They are also empowered to give mandatory instructions, revoke or terminate licenses or impose sanctions.
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