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Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
The incentive for contributing this paper is the planned great reform of Polish Special Services. The study attempts to formulate some requirements that should be met by disciplinary procedure. This goal is achieved by analyzing the effective disciplinary procedure in the Internal Security Agency (ABW), the largest branch of Polish Special Services, in the prism of the concept of a fair trial. The...
The legal advisory service is a liberal profession, a profession of public trust. The aim of this paper is to analyze the related disciplinary procedure and its specifi cs. The disciplinary liability of legal advisors regulates norms of conduct in a way that respects the rules of a fair trial. Full regulation of disciplinary responsibility is achievable through corporate law, in which reference is...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
The article focuses on the evolution of one of the most vital elements of disciplinary proceedings, i.e. judicial control (audit) of disciplinary decisions. Regarding this issue, the article discusses jurisprudence of the European Court of Human Rights and the Polish Constitutional Tribunal. The presented historical and functional analysis of model disciplinary proceedings across many different professions...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
The subject of this article is jurisdiction of decisions of the Advocacy Disciplinary Tribunal. The author focuses on the independence of the Law on Advocates and the Criminal Practice Rules. Appropriate application of the provisions of Criminal Practice Rules might take one of the following forms – 1) when the appropriate provision of Criminal Practice is applied directly, without any changes, 2)...
The current formula of disciplinary liability is neither clear nor uniform. Built on the basis of a number of independent regulations, it is inconsistent with the general pattern of uniformity and universal use. Interesting are situations in which criminal liability and disciplinary liability become interdependent. The question then arises as to whether a crime and possible initiation of criminal...
The paper presents the problem of applying the provisions of criminal procedure to disciplinary proceedings against attorneys. The author will present both the rules that exist under the provisions of criminal procedure and disciplinary proceedings against attorneys as well as the similarities in terms of appeal and cassation. A starting point for the evaluation of the application of the Code of Criminal...
The aim of the article is to present four models of “a minor disciplinary breach” in some normative acts of the Polish legal system. The author concludes that the interpretation of the concept of “a minor disciplinary breach” should derive from the concept of “a less serious crime” and include components of the term “social harmfulness of an act”. The thesis is to prove that the interpretation of...
Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.
The text is dedicated to the analysis of the function and normative status of ethical and deontological principles concerning advocates’ professions. It presents a normative status of the advocates’ ethical code and its relationships with existing law regulations. It also includes some remarks on a fine and the issue of guilt in disciplinary proceedings.
The article discusses possible models of disciplinary proceedings against prosecutors in Poland. In the first, the so-called “corporate” model, disciplinary commissions of both instances are composed only of prosecutors. In the second, the so-called “mixed” model, in the first instance the disciplinary commission, composed only of prosecutors, delivers a judgment and the appeal goes to the court....
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