Wymiar sprawiedliwości na Wileńszczyźnie w okresie funkcjonowania Zarządu Cywilnego Ziem Wschodnich (1919–1920)

Author(s): Diana Maksimiuk / Language(s): Polish Issue: 1/2019

When, in November 1918, Poland regained independence, the future of the Eastern Lands of the pre-partition Polish Republic was in doubt. Although in April 1919 the Polish army occupied the Vilnus region, it was not incorporated into the reborn state. The civil authority in this area was exercised by the Polish administration organized into the Civil Administration of the Eastern Lands. The task of this board was, among others, to create the Polish justice system. Despite very difficult conditions, it was successful. However, the effect of one year’s work was thwarted due to the summer Bolshevik offensive of 1920.

From the Ashes: Guarantees of Non-Recurrence for Destruction of Cultural Heritage

Author(s): Pádraig McAuliffe / Language(s): English Issue: 2/2023

Because cultural heritage is a significant aspect of identity, it is often targeted during conflict or periods of repression. The danger may diminish with peace or transition, but it does not evaporate. Heritage is inherently contentious post bellum, so communities fear for the ongoing safety of their heritage, either because conflict might recur or because past patterns of cultural chauvinism or neglect might be repeated. The material integrity of heritage has gradually become a matter of concern for transitional justice. It has long been a maxim of transitional justice that dealing with the past implies preventing in the future. There is a need for regulatory schema and administrative structures serving the goal of preserving and protecting the tangible cultural riches of the state and/or communities of origin from the lingering threats that the politics of power might again be played out over heritage. Guarantees of non-recurrence (GNR) offer both an ethos and a framework in which to prioritize and think through this work of protection, conservation, and safeguarding. This article argues that the World Heritage Convention, notwithstanding its circumscribed emphasis on material and places of outstanding universal value, is nevertheless applicable to all heritage to which a GNR might be attached and provides an achievable “good enough” practice model, provided there is a threshold level of domestic political will.

Attack on social and labor rights in Brazil

Author(s): Marcio Pochmann / Language(s): English Issue: 3/2017

Since 2016, Brazil has been living with signs of a democratic rupture that ended the previous virtuous cycle of economic growth with social inclusion. In addition, the resumption of the neoliberal prescription has been destructive of social and labor rights, concomitant with high unemployment and generalization of precarious jobs. The connection of what occurs in Brazil with the more general transformations in the world of work allows us to broaden the context in which current capitalism favors the attack on Brazilian social and labor rights. As a result, there are reactions that seek to gather forces that are not always sufficient to face the downgrading of living and working conditions.

Dziadkowie spadkodawcy i ich zstępni jako spadkobiercy ustawowi – uwagi de lege lata i de lege ferenda w świetle projektu nowelizacji Kodeksu cywilnego

Author(s): Anna Paluch / Language(s): Polish Issue: 47 (1)/2024

The purpose of the article is to answer the question, whether Article 934 of the Polish Civil Code outlines the subjective boundaries of statutory inheritance correctly and adequately to contemporary social realities, and whether there are reasons for limiting the degree of kinship between the deceased’s ascendants or their descendants and the deceased. The draft amendment of the Civil Code and certain other acts (Parliamentary Document no. 2977) became an impulse to take up this discussion. The draft is analysed within the scope of the proposed amendment to Article 934 of the Polish Civil Code. The analysis leads to the conclusion that the statutory inheritance of grandparents has been rightly introduced into the civil code, while the current wording of Article 934(2) of the Civil Code outlines the circle of persons called to statutory inheritance too broadly, without providing for any limitation of grandparents’ descendants in terms of the degree of kinship with the deceased. Such a solution means that persons completely alien to the deceased, but only formally related to them, may be appointed to inherit, which is not approval-worthy. For this reason, the proposed change of the Civil Code, providing for the inheritance of the descendants of grandparents up to the fourth degree of kinship with the deceased, should be considered justified.

Cum a creat CNSAS un „caz Sorin Antohi”. Hărțuirea morală a intelectualului ieșean

Author(s): Gabriel Andreescu / Language(s): Romanian Issue: 1/2024

The study analyzes the impact of the practices of the National Council for the Study of the Securitate Archives on people’s reputation, with reference to Sorin Antohi, an intellectual, former member of the Group from Iasi, a community representative for the “resistance through culture” movement. I analyze, one by one, the consistent and costly history of the young intellectual’s adversity towards the communist regime, the requests for disclosure addressed to CNSAS, the initiation of investigations, Sorin Antohi’s self-moral lustration, the role of the Investigations Department, the Legal Department and the CNSAS College in misrepresenting the “Sorin Antohi case”, the battle in the courts. The study shows that Sorin Antohi’s right to a fair trial and his right to honor were violated and, therefore, there was an infringement of his right to private and family life. The most obvious and serious misbehavior is the moral harassment of the intellectual from Iasi. The analysis demonstrates the need for legislative amendments that would curb CNSAS’s deviations, by: ensuring that the CNSAS can fix older decisions with obvious mistakes; to introduce a methodology sensitive to the violation of the right to dignity of persons investigated by CNSAS.

Realization of the Right: Premises of Legal Order and Social Cohesion

Author(s): Constantin Cezar Tită / Language(s): English Issue: 18/2023

In order for society, in general, and its members, taken individually, to be able to coexist, it is necessary to regulate all activities and to make available, by the state, these rules, in the form of legal norms. Legal order and social cohesion can only exist if the recipients of legal norms respect them, by putting them into practice, either in the form of the execution of commands by citizens, or in the form of the application of law by state institutions. The realization of the right, in any of its forms, is likely to lead to the emergence and development of legal relations and, further, to the legal order and the stability of social cohesion. Violation of legal norms, sometimes even without intention, in certain branches of law, leads to the application of the sanction provided for by the violated norm itself, by other specialized state bodies.

Główne tezy najnowszego orzecznictwa Sądu Najwyższego w sprawach karnoskarbowych, dotyczącego błędu co do karalności z art.10 §4 k.k.s. na kanwie urządzania gier hazardowych

Author(s): Kamil Frąckowiak / Language(s): Polish Issue: 4/2023

The article presents an overview of the recent decisions of the Polish Supreme Court on the institution of an error as to punishability under Article 10 § 4 of the Polish Penal and Fiscal Code, which originated in the context of the factual situations in the field of fiscal offenses of organizing illegal gambling under Article 107 § 1 of the Polish Penal and Fiscal Code. Based on the analyzed judgments, using the dogmatic-legal method, it is possible to reach general conclusions in the context of the criteria for recognizing an error of punishability as excusable and inexcusable. The subject of an error of punishability is the criminal legal status of the behavior that fulfills the elements of the criminal act. Mistake as to punishability means that the Polish Penal and Fiscal Code places fewer requirements on the perpetrator than in the Polish Criminal Code, since in the case of mistake as to the punishability of an act it is only a matter of not knowing that the act is punishable. The exemption of guilt in case of an error of punishability occurs only if the perpetrator's mistake is considered excusable, i.e., one that the perpetrator could not avoid, not due to their recklessness or negligence.It is necessary to accept the general conclusion from the Polish Supreme Court's decisions about stricter requirements in the context of justifying the offender's unawareness of criminality as an entrepreneur, for in the case of a business person, as a rule, a personal model with a higher standard of requirements is expected.

Rola radcy prawnego jako obrońcy z wyboru w postępowaniu przygotowawczym

Author(s): Piotr Ochman / Language(s): Polish Issue: 4/2023

This article aims to present selected issues related to the participation of an attorney-at-law in pre-trial proceedings in criminal cases as a defense counsel of choice (excluding offense cases, fiscal offenses and fiscal crimes), taking into account the relevant rights and obligations of attorneys-at-law in connection with the provision of legal assistance set by the regulations of the Act on Attorneys-at-Law, the Polish Code of Criminal Procedure, as well as rules of professional deontology, particularly the Code of Ethics for Attorneys-at-Law.

Sygnalizacja rażącego naruszenia obowiązku procesowego przez radcę prawnego w postępowaniu karnym

Author(s): Sebastian Kowalski / Language(s): Polish Issue: 4/2023

The purpose of this article is to present the institution of signalling a gross breach of procedural duties by an attorney-at-law who is a defense counsel or an attorney of a party in criminal proceedings. This institution is regulated by the provisions of Article 20 of the Polish Code of Criminal Procedure, while this provision is also applicable in other procedures: proceedings in cases regarding fiscal crimes and fiscal offenses, misdemeanour proceedings and executive criminal proceedings. The analysis of the applicable regulation leads to the conclusion that signalling constitutes an action of the procedural authorities "outside" the pending criminal proceedings. A notification of a breach of a procedural duty addressed by a public prosecutor or a court to the council of the competent district chamber of attorneys-at-law does not in itself hold the alleged offending attorney-at-law liable for professional liability. The decision as to whether any consequences are to be drawn against him or her as a result of the finding of a violation is taken autonomously by the organs of the attorneys-at-law self-government. They are obliged to take action about the prosecutor's or court's signalling, and the dean of the council is obliged to inform the body of the violation of such action.

Reprezentacja małoletniego pokrzywdzonego w postępowaniu karnym

Author(s): Stanisław Grzegórzko / Language(s): Polish Issue: 4/2023

This article concerns the representation of a juvenile victim. It analyzes the differences between the statutory representative, the person under whose constant care the injured party remains and the child's representative. The article aims to draw attention to a situation in which there is a conflict of interests between the representative representing a juvenile victim and the other parent, which entails the need to exclude the representation of the juvenile victim by the statutory representative, giving primacy to the child's representative.

Czy poligraf może być narzędziem wspierającym obrońców w procesie karnym?

Author(s): Piotr Herbowski / Language(s): Polish Issue: 4/2023

Article 2(1)(1) of the Polish Code of Criminal Procedure indicates that its provisions intend to shape the criminal process so that the perpetrator of a crime is detected and held criminally responsible, while a person who has not been proven guilty is not. For this to happen, defense counsel must be able to use the tools that make it feasible to realise the constitutional right to defense by effectively rebutting the accusation. Polygraph tests, which have been present in the Polish criminal procedure for several decades, can successfully serve such a purpose. Their results in the majority of cases constitute exculpatory evidence for the persons examined. Unfortunately, they are still wrongly perceived as a method for detecting lies and providing proof of guilt.

Sprawozdanie z IV Radomskich Spotkań Prawników „Prawo do sądu w dobie kryzysu praworządności”

Author(s): Katarzyna Dudka / Language(s): Polish Issue: 4/2023

THE RELATIVITY OF THE IDEA OF CONSISTENCY OF LEGAL SYSTEMS

Author(s): MIRAUT MARTÍN Laura / Language(s): English Issue: 2/2023

The principles of unity, coherence and completeness represent the traditional idea of a legal system. The principle of coherence presents practical difficulties, because the criteria for resolving normative antinomies do not always offer an unambiguous solution. The problem goes deeper. These criteria, far from being inherent to legal reality, are relative and circumstantial. Its acceptance as a way of solving antinomies hides the real representation of the legal norm as the attribution of meaning to normative provisions. It also hides the real representation of the idea of the legal system as an expression of the dominant legal culture.

TECHNIQUE OF PREPARATION OF NORMATIVE ACTS

Author(s): Mariana-Alina ZISU,Andreia Corsei / Language(s): English Issue: 2/2023

It is legal norms that play a crucial role as far as social participants are concerned, maintaining order, stability and balance. By defining what is legal or illegal, the law acts as a factor that discourages behavior or activities that would fall within the scope of the illicit, providing the social protection to which citizens are entitled. In this sense, the great philosophers of the world have explained the process by which rudimentary human communions were transformed into today's modern societies by means of legal norms. Called in the literature as the "theory of contractualism", Jean-Jaques Rousseau explained that in order to reach a social balance in a society, it is necessary to have rules for the participants in social life to respect, giving in exchange a part of the freedom absolute with which they were born. "In this way, a "social contract" is born between individuals, who through free will renounce to manifest themselves freely in an arbitrary manner, accepting a series of rules of socialcoexistence, which the group imposes on the individual in the form of laws." This was an initiating and explanatory point for the emergence of legal norms, because through the definition of the social contract, the citizens tacitly accepted and recognized the principles established and established as law. "Precisely this contract and the accession of all citizens guarantees the legitimacy of the laws, and their imperative character, being the force of law that must replace the law of force (Sandu, 2023, p. 8).

CONSIDERATIONS REGARDING THE HIGHER EDUCATION QUALITY ASSURANCE IN THE LIGHT OF LAW NO. 199/2023 ON HIGHER EDUCATION (I)

Author(s): Daniela Iancu / Language(s): English Issue: 2/2023

Foundation of individual development and, also, of society’s as a whole, education represented and represents a major concern both at European and national level. The realization and further development of the European space of education represents the general political objective of the new strategic framework for European cooperation in the field of education and training at the level of the European Union. In the National Strategy for the Sustainable Development of Romania 2030, among the objectives for sustainable development is the guarantee of the quality in education, the access and the participation in education base don quality being considered essential for the proper functioning of a sustainable society. Ensuring the quality of higher education, through a series of processes carried out for the purpose of its permanent improvement, contributes to the formation of the trust of the beneficiaries in the educational institution’s ability of to offer education services in accordance with quality standards.

THE CONCEPT OF LIFELONG LEARNING IN THE LIGHT OF LAW NO. 199/2023 ON HIGHER EDUCATION (I)

Author(s): Andreea Drăghici / Language(s): English Issue: 2/2023

The newly adopted Law 199/2023 on higher education, emphasize the notion of lifelong learning, giving it special regulation in Title II, title that regulates the general and integrative framework of lifelong learning programs organized at the leve lof higher education. The legislator’s intention to adress this concept in detail demonstrates the particularly important role that lifelong learning has on both the individual and society.

Примена закона о слободном приступу информацијама од јавног значаја у библиотекама

Author(s): Tatjana Brzulović-Stanisavljević,Dragana Milunović / Language(s): Serbian Issue: 1/2024

In this paper, the Law on Free Access to Information of Public Importance is presented. This legal or constitutional right is recognized in more than a hundred countries and is embedded in many international documents. The Law on Free Access to Information of Public Importance (LFAIPI) was adopted in November 2004 and is considered one of the best laws. This Law regulates the rights of access to information of public importance held by public authorities, in order to realize and protect the interests of the public to know and achieve a free democratic order and an open society. To exercise the right of access to information of public importance held by public authorities, this Law establishes the Commissioner for Information of Public Importance as a self-governing state body, independent in the exercise of its jurisdiction.The right to free access to information as a special right ensued as a result of the development of the modern rule of law and participatory democracy in which a citizen becomes an active participant in social processes.The primary goal of the paper is to bring this topic closer to the library community, explain the application of the Law and point out possible abuses that are increasingly occurring in practice.

Закон о слободном приступу информацијама од јавног значаја ‒ злоупотребе и проблеми

Author(s): Milan Z. Marinović / Language(s): Serbian Issue: 1/2024

This paper analyzes the current situation in the field of access to information of public importance in Serbia. The introductory part of the paper shows the development of the right to free access to information throughout history, with a special focus on current issues in the application of this right. The central theme of the paper is the systemic abuse of the right to free access to information of public importance, which has been present for the last two years, with a growing tendency. How the abuse occurs and its causes are presented, together with the proposals for measures that should be implemented to prevent the continuation of the abuse and eliminate the future harmful consequences of such negligent behaviour of individual citizens and their lawyers.

General Stefan Gusa, the Soviets, and the Ghost of Pavel Corut in the Indictment of the Revolution File

Author(s): Roland O. Thomasson / Language(s): Romanian Issue: 2/2024

The author shows in this article that the toxic legacy of the Ceausescu regime’s appropriation, exploitation, and use of anti-Soviet/anti-Russian nationalism is critical for understanding how historical research on and judicial investigations of the Ceausescu and initial post Ceausescu eras, especially the Romanian Revolution of December 1989, have been packaged, marketed, received, and circulated in post-communist Romania. He illustrates this point by looking at the claims made in the Indictment of the Revolution File regarding Army General Stefan Gusa and his alleged forestalling of direct Soviet intervention in Romania in December 1989, and the concomitant alleged non-existence of counterrevolutionary forces; and the reactions of Romanian media and intellectuals to the Indictment’s claims.

ПОСЕГАТЕЛСТВО И ТРАФИК НА КУЛТУРНИ ЦЕННОСТИ – ПРИЛАГАНЕ НА ПРАВНИ МЕХАНИЗМИ ЗА АДЕКВАТНО ПРОТИВОДЕЙСТВИЕ

Author(s): Maria Pavlova / Language(s): Bulgarian Issue: 1/2023

The preservation and protection of cultural values ​​and the counteraction of illegal trafficking of cultural heritage requires a sustainable legislative framework, active international cooperation and adequate mechanisms for the preservation and protection of cultural heritage. Cultural heritage covers monuments, groups of buildings and objects with historical, aesthetic, archaeological, scientific, ethnological or anthropological value, and internationally the principles and norms of the Council of Europe Convention on crimes related to cultural values. The importance of effective actions to prevent and counter attacks on cultural heritage and the fight against the trafficking of cultural values ​​stands out even today, especially in the context of the preparation and implementation of the EU Action Plan against the trafficking of cultural values. The effectiveness in achieving a high level of protection of cultural values ​​and cultural heritage can be improved by strengthening inter-institutional and supranational cooperation, as well as by effective application of legal instruments.