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The exclusive interview with Mr Lech Wałęsa, the legendary leader of “Solidarity” Trade Union, the Noble Peace Prize Laureate in 1983 and the President of Poland from 1990 to 1995, on the state of democracy in Poland and Europe presents Mr Wałęsa’s perspective on challenges that contemporary political leaders have to face. It discusses four major areas: a historical consideration of Poland’s post–communist transformation, a today’s perspective on democracy in Poland, an evaluation of country’s role in the united Europe and a discussion of processes that threat democracy in Poland and Europe. In the interview, Mr Wałęsa shares his hopes and fears, and he presents main ideas for the new political times. His assessments do not focus only on the today’s state of democracy, but he also tries to consider how the democracy may look like in the future. As a result the Polish Political Science Yearbook publishes a unique conversation with the legend of the struggle against Communist dictatorships in Europe that shows Mr Wałęsa’s personal remarks on the democracy, the globalised World and modern technologies.
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The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.
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The problem of adequacy of epistemological forms of perception of the category of norm of law to its actual content is urgent in the context of the current situation with the uncertain content of some legal phenomena. The epistemological nature and logical certainty of the category of regulatory prescription are considered. In order to reveal correlation between the categories of norm of law and regulatory prescription, it is suggested that the latter should be treated as an expression of the comprehensive content of norms of law. The norm of law, as an epistemological tool and the result of scientific knowledge within the legal institutional framework, is an integrated form of textual expression of the content of articles of laws and other normative legal acts. The norm of law is not a rule of conduct, thereby being rather the rule in general, i.e., having the universal nature, which is expressed as an authoritative order. It defines the socially meaningful model of prospects and dues in the regulation of social relations, as well as the legal status of their participants for the purpose of smooth development of the society and state.
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Legal science lacks any systematic knowledge on the methodology used by researching and practicing lawyers. The paper considers such knowledge as an ideal reference point for lawyers, who have to constantly improve their qualifications, such as to develop their own professional methodology. The conclusion is made that the methodology allows to update the existing knowledge on the object of study and helps the lawyer to become a leading innovator in science and practice.
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The paper analyzes civil legal ways to protect the violated intellectual property rights of both property and non-property character and their jurisdiction. The main features of protection of the rights to know-how and problems arising from their procedural protection are considered.
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The paper reveals the legal nature and priority of agreement between the parties as the basis of change or termination of the contract. The possibility of mutually agreed change and termination of the contract by the parties is analyzed based on implementation of the principle of freedom of contract. The subject of the study is also the sources of centralized and decentralized regulation of the restrictions on freedom of modification and termination of the contract. Inconsistency of the legislation in this sphere (particularly, between the provisions of articles 450 and 450.1 of the Civil Code of the Russian Federation) is revealed. Special attention is paid to the possibility of change and termination of the contract by agreement of the majority of its participants. Therefore, convergence of the legal regimes of such individual legal acts as transaction and assembly decisions is emphasized. Practical issues associated with interpretation of the restriction to change and terminate the contract by mutual agreement of the majority of its participants are considered.
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Smuggling drugs from Latin American countries, with the participation of European citizens is a complex and multi‑faceted phenomenon. There is a variety of its manifestations and scale, as well as the variety of profiles and stories of people smugglers who are involved in the smuggling process. Unfortunately, among them there are also Poles although the trend, compared with the initial years of the first decade of the twenty‑first century, is decreasing. In media there are shown some information about the smuggling, but only periodically there are some news about smuggling attempts undertaken by organized criminal groups. Too rarely informed about the people running, whether on behalf of drug gangs, whether on their own responsibility, and about the specifics of conditions in Latin American prisons, radically different from European penitentiary systems.
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Contemporary tendencies in the development of human rights are the result of historical events and documents that regulate attitude towards human rights in the context of given civilization circles and historical turning points. In the twentieth century, characterized by numerous paradoxes, the idea of human rights has taken root firmly through international charters, agreements, conventions and other documents. But, in the same time, massive violations of basic human rights have taken place, among them right to life, freedom, security and right to righteous trial, as elementary indicators for the development of democracy in a certain society. The development of the idea of proclaiming and protection of human rights as a historical process has, at the international level, the consequence of building a s–stem of universal rules, which gained the character of international standards of human rights. International standards of human rights are numerous, contained in various instruments and are developed permanently. The very goal of the author’s elaboration in the present work is to delineate the historical path and content of the right to challenge legality of custody, involved in the most important international documents accepted after the World War Two.
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Pod koniec 2015 r. niemiecką prasę obiegła wiadomość, że z początkiem następnego roku przed sądami w Detmold, Hanau, Neubrandenburgu i Kilonii mają się rozpocząć cztery nowe procesy „oświęcimskie”. Przed niemieckimi sądami miało stanąć trzech mężczyzn i jedna kobieta, oskarżonych o współudział w zbrodniach dokonywanych w nazistowskim obozie zagłady Auschwitz. Do chwili obecnej zakończyło się tylko jedno postępowanie sądowe w Detmold. Byłego strażnika obozu zagłady w Auschwitz Reinholda Hanninga oskarżono o współudział w mordzie 170 tys. osób i skazano na karę pięciu lat pozbawienia wolności.
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W lipcu 2015 r. zakończył się w Lüneburgu proces przeciwko 94-letniemu Oskarowi Gröningowi, byłemu strażnikowi KL Auschwitz, winnemu pomocnictwa w zamordowaniu 300 tys. węgierskich Żydów. Rok później, w czerwcu 2016 r., Sąd Krajowy w Detmold uznał równolatka Gröninga i jak on niegdyś członka załogi SS-Totenkopf-Sturmbann Auschwitz Reinholda Hanninga za winnego pomocnictwa w zgładzeniu co najmniej 170 tys. osób w tej samej Ungarn--Aktion. Były to prawdopodobnie jedne z ostatnich w RFN procesów przeciwko sprawcom zbrodni hitlerowskich.
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This paper presents the case of prosecution of Nikola Jorgić called Jorga, for genocide in the region of Doboj in Bosnia and Herzegovina. The case was prosecuted, according to the principle of universal jurisdiction, before the court in Germany. Nikola Jorgić was found guilty of genocide and sentenced to life imprisonment, which he serves in a prison in Bochum, Germany. Due to the importance of this process, and the fact that in scientific and professional circles, especially in the public the facts proved in this case do not use enough, we decided to make the translation of the judgment of the Federal Court in Dusseldorf. This work should stimulate interest in this very important case, but also for some other cases for war crimes which were sentenced by the same principle in Germany and some other countries.
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In Bosnia and Herzegovina during the war, genocide was committed even outside of the Safe area of Srebrenica.This paper presents the case of prosecution of Nikola Jorgić called Jorga, for genocide in the region of Doboj in Bosnia and Herzegovina. The case was prosecuted, according to the principle of universal jurisdiction, before the court in Germany. Nikola Jorgić was found guilty of genocide and sentenced to life imprisonment, which he serves in a prison in Bochum, Germany. Due to the importance of this process, and the fact that in scientific and professional circles, especially in the public the facts proved in this case do not use enough, we decided to make the translation of the judgment of the Federal Court in Dusseldorf. This work should stimulate interest in this very important case, but also for some other cases for war crimes which were sentenced by the same principle in Germany and some other countries.
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The research on district (county) administration in 1816–66 requires aggregation of archivalmaterials. There are digital databases and traditional educational inventories availableto researchers. Researches are also welcome to make use of digital libraries that containmany printed sources. The main sources database for the research on the intermediate level of administrationare district and county files kept in State Archives. The operation of commission ersdelegated to districts (1816–42) and counties (1843–1866) is sufficiently documented in 32 sets of files. The query can by extended to cover regional (voivodship, and aft er 1837– governorship) and governmental files. As the volume and variety of archival material isimpressive, it is worthwhile to stage the queries. Any conclusions and detailed evaluationwill only be possible after a large share of the files have been investigated.
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Research paper addresses an issue of sex trafficking in the Kingdom of Thailand and analyzes it through external and internal perspectives. Firstly, legal framework of The Association of Southeast Asian Nations (ASEAN) in regards to human rights violations and its activities to eliminate the problem in the region are examined. Secondly, historical reasons of sex industry in Thailand, state of affairs and its con-sequences for the society are discussed and local government’s activities are criti-cized. Lastly, sex tourism as a main cause of the problem is identified.
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Zdravko Tolimir is one of the fve high-raniking offers of the Army of Republic of Srpska who were today convicted before the International Criminal Tribunal for the former Yugoslavia (ICTY) for the crime of genocide against Muslims (Bosniaks) in Srebrenica in 1995.
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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.
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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.
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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.
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