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The article discusses the recrimination principle described in Article 56 paragraph 3 of the family code - one of the three negative reasons for the admissibility of a divorce ruling. According to it, a divorce is not admissible if a spouse demanding it is the only person guilty of the marriage disintegration. The recrimination principle protects social interests in two ways: on one hand it prevents...
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...
The aim of the work was to show the varied forms of social dialogue that is functioning in Poland based on the political system principles contained in the Constitution of the Republic of Poland and specified in parliamentary acts. The author classifies social dialogue as classical social dialogue (sensu stricto) comprising only relations of public authorities and representatives of labor and capital...
Penal regulations of the act of 16 July, 1998, Electoral statute regulating elections to district or county councils and voivodeship parliaments, are contained in part VII article 199 - 203 of the above mentioned act. Ten crimes and eight offences were classified there. It is worth mentioning here that the extensiveness of penal regulations contained in the act signifies an emerging tendency to criminalize...
(Title in Polish - 'Ochrona unijnych praw czlowieka w cyberprzestrzeni - nowy podsystem organizacyjnoprawny UE a korzysci, zagrozenia i postulaty'). The article presents a new platform for the protection of human rights, together with the existing threats. The problems that appear have not been addressed in most legal regulations and creating them will not be easy (and is not always purposeful). Apart...
A flow of time is an important factor in the deliberations on the status of secret information. The legislature directly regulates the duration of this information protection with reference to its particular categories within the adopted classification. Moreover, it is necessary to consider whether - and if so, to what extend - secret information is subject to protection before its classification...
The aim of the article was to make an attempt to specify the meaning of the concept of 'public purpose', which is used in article 112 section 3 of the Act on real estate management of 21 August, 1997, highlighting its role as a reason for admissibility of expropriation with a simultaneous emphasis on the principle of expropriation subsidiarity and specifying the public purposes because of which expropriation...
(Title in Polish - 'Kwalifikacja przy delegacji...Bezwzgledna przyczyna odwolawcza z art. 439 § 1 pkt 1 k.p.k. czy tez raczej 439 § 1 pkt 2 k.p.k.?'). The article presents a long-lasting controversial issue in the doctrine of criminal trial: if a judge being a member of a bench in a given case is indeed authorized to rule but has no delegation in the particular court or the delegation is imperfect,...
In the introductory part, the article briefly presents the evolution of the legal construction of the institution of an incident of secondary significance in the Polish penal acts of the 20th century and the presently binding regulation. Moreover, there is a review of three opposing concepts referring to its interpretation and existing in the doctrine and judicature, i.e. an overall concept, a subjective...
The article concentrates on two basic concepts formulated in the Polish studies in criminal law concerning a relation between a modified type of an act forbidden under threat of penalty and a sanctioned standard forming the basis for it. According to the first one, the basis for a modified type of an act forbidden under threat of penalty is the same sanctioned standard as the one which is the basis...
The aim of the article is to present opinions of the selected constitutional tribunals of the European Union Member States on the relation between the European Union law and the domestic law of those states, especially their constitutions. The subject matter of the work is particularly relevant in the light of changes in the European Union law introduced by the Treaty of Lisbon which, among other...
The article presents tools and procedures for preventing local financial crises which are binding in the Polish system of supervision over local government. A character study of the Polish supervision system is a point of departure for the author's attempt to make an assessment of the supervision and inspection activities over local government units executed by the Polish State. The author assumes...
Since the accession of Poland to the European Union our administration of justice in its functional aspect has a dualistic character. In the light of the treaty obligations, the duties of a domestic court (especially within the protection of rights based on the Union regulations) cause that before a court starts to investigate a case, it should answer a question whether it is to deal with a matter...
The article concentrates on two basic concepts formulated in the Polish studies in criminal law concerning a relation between a modified type of an act forbidden under threat of penalty and a sanctioned standard forming the basis for it. According to the first one, the basis for a modified type of an act forbidden under threat of penalty is the same sanctioned standard as the one which is the basis...
This article refers to the air carrier liability in the case of turbulence in the United States. When turbulence is domestic concern, all claims are tort claims governed by state common law. Turbulence is encountered in international flights as well. In this case, conventions for the unification of certain rules for international carriage by air apply (either, so called Warsaw Convention 1929 or Montreal...
Many forensic manuals have been published in the last years. From the scientific and didactic point of view they are of different value. However, all their authors aimed at describing tactical and technical methods used in detecting processes. Against that background an idea to look through older manuals in that field was engendered. From among only a few books dating back almost 80 years, a 400-page...
Comments on the limitation of claims in the context of compensation admissibility The article discusses conditions for compensation. In their context, an issue of limitation of claims cited in the plea of compensation is presented. In general, limitation of claims makes it impossible for a creditor to execute a compensation. However, in case due time for compensation passed after the state of compensation...
The author discusses the issue of co-authorship of scientific works. The adopted meaning of 'scientific works' is very broad, not limiting the matter to the sphere of copyright which is naturally brought to mind. Co-authorship in the discussed field is examined on three planes. The first one is copyright. The second one is intellectual property law, especially a problem whether an author of a scientific...
The analysis is aimed at describing and explaining the mechanisms of appointing the Government of the Russian Federation and the role of the President and the State Duma in the process. Thus, legal regulations (both constitutional ones and those included in acts of lesser importance) and decisions of the Constitutional Tribunal are analyzed. The use of dogmatic method is supplemented by the studies...
The work is a presentation of the changes in the penal proceeding code being prepared by the Ministry of Justice. It is proposed to enlarge the catalogue of preventive measures by introducing the so-called house arrest. Analyzing the legislative proposals, the author made comments on the reasons for the use of a new means, its subject range and legal character. Sharing the idea of increasing the range...
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