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The aim of the article is to define the scope and outline the development tendencies in the Polish environmental penal code encompassing a set of provisions referring to crimes and offences against the environment. The situation in the field of crimes against the environment is the following: most of the regulations are in Chapter XXII of the Penal Code - 'Crimes against the environment', and the...
The author presents the evolution of the scope of the subject matter of public service secret and then discusses the definition specified in the Act of 1999 on the protection of secret information. The author shows there is a contradiction between the statutory definition of a public service secret and the content of article 61, item 3 of the Constitution of the Republic of Poland of 1997 (referring...
The aim of this article is to show how the concept of state sovereignty develops in the present era of fast progress in technology and aviation industry. It is worth asking a question about the influence of such trends as regionalization, privatization and globalization, and even terrorism in air traffic on the modern concept of sovereignty. The authoress discusses and analyzes the process of evolution...
The work aims at showing a problem connected with the ability of free creation of reserves by an employer which produces a change of a financial results and, in consequence, decides about the employees' entitlement to bonuses in case when it was, in accordance with the autonomous sources of employment law, made dependent on the existence of profits. The article analyzes the provisions of the Act on...
The article discusses the issues of cyber-crime regulations in the Polish Penal Code of 1997 and whether they are in accordance with the Council Framework Decision 2005/222/JHA on attacks against information systems. In fact, it is composed of two parts. The first one deals with the characteristic features of the Framework Decision 2005/222/JHA provisions which include definitions of the basic concepts...
The aim of the discussion is to confront one of the circumstances that exclude criminality of an act, the so-called collision of duties (of the same importance), with the three-element structure of the crime. Differentiation of individual spheres of attributing or excluding criminality of an act (character of an act, unlawfulness, guilt) is connected with specific legal and penal consequences, and...
The aim of the work is to analyze screening procedures for the access to secret information. It shows its complexity, dynamics and procedural stipulations. On the one hand, they are to guarantee tightness in the access to secret information; on the other hand, they should protect an individual from the arbitrariness of governing bodies. The main method adopted for the examination of the problem was...
Inefficiency of the present model of preparatory proceedings, which results in the significant lengthening of the whole penal procedure and causes inability to finish it within reasonable time limits, creates a necessity to develop a new model. It is suggested that in the model to be developed preparatory proceedings should not play the present role and clarify all the circumstances of an event and...
There is an increase in the number of complaints regarding resolutions of local self-government legislative bodies, which is parallel to the citizens' legal awareness. Practice and doctrine have worked out various ways of managing cases connected with a consideration of a summons, then a consideration of a complaint regarding a resolution and filing the case in the administrative court. The aim of...
Actual solution grossly contravenes the rights of both all the creditors who are interested in satisfaction of their claims from bankrupt's estate as well as those persons who had moved for securing their claims materially long before the debtor's financial situation worsened. It is accurately emphasized in the doctrine that the wording of article 81, item 3 is a result of the legislator's oversight...
The subject matter of the article is the public prosecutor's competence to conduct preparatory proceedings and to take part in the jurisdiction proceedings. The author criticizes the lack of a statutory definition of the prosecutor's competence to conduct or supervise preparatory proceedings and he calls for its definition in the criminal proceedings code in a similar way to court's competence. He...
The article synthetically presents international law instruments referring to the handling of persons sentenced to imprisonment and serving a sentence between countries of which one is the country where the sentence was pronounced (the country of the sentence pronouncement or the sentencing country) and the other is the country of the convict's citizenship or residence (the country of the sentence...
The article presents the main legal institutions defined in the Act of 9 January, 2009 on licenses to build or to provide services (Dz. U. No 19, entry 101). The author discusses a subjective and objective scope of exemptions from the regulations of the Act. The present solutions are slightly different from the ones adopted in the Act of 29 January 2004 - Competitive Tendering Law. A license to build...
The author of the article presented a document which is obscure in the Polish specialist literature concerning political science and law, i.e. the Declaration of the Rights of Man and of the Citizen adopted by the Supreme Soviet of the Russian Soviet Federative Socialist Republic in 1991, in the new political situation, i.e. at the beginning of the creation of the foundation of a new Russian state...
The article presents principles of reciprocal recognition of decisions, their characteristic features and legal regulations which had the biggest influence on their creation. The basic sources of reciprocal recognition of decisions are in the co-operation of the Nordic countries, in the instruments of reciprocal assistance in criminal cases within the Council of Europe and the European Union as well...
The article discusses the matters connected with the institutions of control and recording of telephone conversations as described in the penal proceeding code. The author indicates some interpretational doubts which arise during the analysis of the present regulations and proposes some legislative changes in this area. He concentrates on such issues as: the principle of subsidiary, the so called...
Rules of law are now a significant element of law implementation procedures. It can be said that just by invoking those rules courts not only use law but also form it. The aim of the article is to thoroughly analyze the rules of law in the court-administrative proceeding, first of all to show the role of the rules in this proceeding. The article analyzes documents, mainly legal acts, a plentiful supply...
The article is an attempt to focus attention on the importance of the statutory penal proceeding directive to take into consideration legally protected victim's interest in the process of trial rules interpretation in the context of suspension of a penal proceeding. As a result of the performed analysis, it was recognized that based on Article 22 of the penal proceeding code it is permissible to suspend...
Disfranchisement is a penal measure meted out together with a punishment (Article 39 point 1 of the penal code) and instead of a punishment if a sentence is pronounced without a trial (Article 343 §2 point 3 of the penal procedure code), taking on a character of a self-contained penal measure. A ruling of disfranchisement depends on a kind of crime as well as type and scale of punishment. A ruling...
Employment code defines mobbing as an activity or behavior regarding an employee or against an employee consisting in a persistent and long-lasting harassment or intimidation of an employee, leading to the employee's underestimation of his/her professional usefulness, causing or aimed at humiliation or ridicule of the employee, his/her isolation or elimination from the team. The aim of the article...
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