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No. 32

DOI: https://doi.org/10.36128/priw.vi32

Published 30 June 2020

Articles

  1. Constitutional Bonds in Polish Constitutions

    The leading idea of the article is the relation of Polish Constitutions of 1791, 1921,1935,1952 and 1997 as acts of law to main historical and contemporary tendencies in the field of social bonds developed in historical processes. The Constitution of 3rd May, 1791 rejected the dogmas of feudalism, the Constitution of 17th March, 1921 completely realised the classic vision of democratic state of the time
    and the authoritarian, and the Constitution of 23rf April, 1935 vested the governing power with the President. The relations between provisions of communistic Constitution of 22nd July, 1952 and Polish Nation was redundant. The fully democratic
    Polish Constitution of 2 April, 1997 differs substantially from the previous ones in
    terms of their content as well as ideas and even in formal shape realising the full list of possible bonds within the society, main groups of interest and to the European society.

  2. The Trade Union of Bank Workers and Savings Banks of the Vilnius District - legal structure and activity during the interwar period

    The Trade Union of Banking Workers and Savings Banks of the Vilnius District brought together representatives of five financial institutions operating in the interwar period in Vilnius. He guarded the protection of the professional interests of his members and was involved in various initiatives. The Vilnius branch was headed by the president. The Management Board also includes: vice president, treasurer, secretary and members.

  3. Manned and unmanned space stations: selected legal aspects

    In recent years, the subject of space stations have become of great practical, political and legal importance. The greatest achievement of the international community in this area is the construction and functioning of the International Space Station - an orbital space station. The further development of technology has inspired some countries to build space stations in the future also on celestial bodies. There are several important questions that occur in this matter- the legal status of space stations; the scope of f states’ jurisdiction and control o at these stations; or the extent of the state's powers to the part of the surface of the moon or other celestial body on which its station will be temporarily or permanently built.

  4. Incomplete expert opinion in the Polish criminal trial

    The article concerns the issue of assessing evidence from an expert opinion in a Polish criminal trial, carried out on the basis of art. 201 of the Code of Criminal Procedure The author focused on explaining the concept of "incompleteness" of opinions and the procedure for verifying such an opinion. According to the author, the current wording of the provision is not controversial when it comes to understanding the concept of "incomplete" opinion. In his opinion, however, it is justified to amend Art. 201 of the Code of Criminal Procedure and explicit acceptance that in the event of deficiencies in the opinions referred to in this provision, it is obligatory to summon current experts or appoint other (new) experts. According to the author, the possibility of confronting experts should also be explicitly allowed, but this should be linked to the assessment of the content of the opinions submitted by them in a given case.

  5. A few words about the justification forms in criminal cases

    Abstract:

    The paper analyses the statement of reasons forms (templates) introduced pursuant to Art. 99a of the Code of Criminal Procedure. According to the legislator, the forms are to considerably increase the efficiency of the system of justice as far as criminal cases are concerned.

    The author evaluates the justifiability of the forms from the perspective of the goals defined in the explanatory statement of the Act on the Amendment of the Code of Criminal Procedure and Certain Other Acts dated 19th of July, 2019 (Journal of Laws 2019, Item 1694), as well as the possible implications resulting from the adopted structure thereof. In particular, he highlights the revolutionary nature of the changes which could fall beyond the aspects of law application but, paradoxically, could also influence the legal science, e.g. in terms of reducing the capability to conduct empirical analyses of criminal case rulings.

    Nevertheless, the overall evaluation of the changes is positive, since the to-date practice of justifying criminal case rulings has been criticized mainly because of excessive wordiness of statements of reasons.

  6. Legal and real interest of the President of the management board of a financial institution in the course of proceedings before the Polish Financial Supervision Authority

    Acting as a member of the management board of a financial institution is an area of particular interest to the Polish Financial Supervision Authority, which is reflected, among others, in indication of legal requirements that must be met by a member of the board, including the obligation of the Polish Financial Supervision Authority to approve the appointment of the president of the management board. The article presents the extremely important position of the Supreme Administrative Court, contained in the judgment of 31 October 2019 (ref. no. II GSK 2725/17) according to which (contrary to the current line of jurisprudence) a person subject to such approval has a legal interest because the content of the decision of the Polish Financial Supervision Authority directly shapes the situation of a natural person (a candidate for the position of a member of the management board or the president of the management board). Thus, the presidents of management boards of financial institutions subject to the approval procedure were granted subjectivity as part of the administrative procedure.

  7. Legal protection of names bodies protecting public security and order

    One of the basic goals of the state is to ensure and to protect public safety and order. A special role in this are played by bodies specialized in protecting public security and order. The names of these bodies, such as "Police", "Border Guard", "State Protection Service", etc. are subject to special legal protection, preventing the use of these names by other entities. The purpose of this study is to indicate the basis and principles for the protection of the names indicated above and legal consequences of their unauthorized use. Until now, this issue was reduced solely to the criminal law (crime of appropriating a function or position or dignity). In this article, the issue of civil law aspect of unauthorized use of this kind of name was described. Thanks to this, this study is pioneering.

  8. Protection of individuals and groups against discrimination on grounds of religion or worldview in the Penal Code of 1997.

    Summary: In the article the author analyzes the discriminatory crimes contained in the Criminal Code of 1997. Specifies the subjective and objective scope of protection. It concludes that the penal provisions guaranteeing the protection of individuals and religious groups are at an appropriate level.

    Keywords: freedom of conscience and religion, discrimination based on religion, international standards of freedom of religion, Penal Cod

  9. Comments on determining the content of foreign law in civil proceedings

    Due to the links between different cultural patterns and the mobility of society, comparative studies will have an even greater impact on the civil procedure. It seems that it is necessary to prepare for the need for wider access to foreign law. New technologies, facilitating operation, also place greater demands on the authorities of proceedings. Access to source materials has been extended, so any research conducted for the purposes of interpreting foreign law provisions should include more information about foreign law and how it is applied. It is noticeable that the discussed issues require special insight and comparative legal skills, but the authorities' difficulties in determining the content of foreign law result not only from the need to find provisions of foreign law, but also the lack of knowledge about the existing possibilities of determining it.

  10. The issue of informing about access to abortion and aiding and abetting to the crime of termination of pregnancy (Article 152 § 2 of the Criminal Code)

    The article concerns the issue of criminal liability for aiding abortion. Due to the fact that a woman terminating a pregnancy is not criminally liable for this act, the legislator wanting to penalize the activities of third parties assisting a pregnant woman in terminating a pregnancy, had to regulate this issue in the provision of a specific part of the Penal Code. Therefore, it is necessary to consider whether, under the current regulation of this issue, a person undertaking an information campaign on access to abortion outside the country will be criminally liable.