The author describes the evolution from the USA individual-centric state towards the administrative and regulatory one. The author examines the very different models of security for the USA and Europe and its influence over European social and juridic values.
The idea of the prison abolition movement is present in the fields of the theory of criminal law, criminology, and social movements. The author presents abolitionist concepts articulated today. The author also focuses on the political tactics of the supporters of abolitionism and the alternatives to prison. The article contains references to abolitionism based on racial justice, healthcare policy, revalidation, feminism, LGBTQ+, anarchism, ecology and immigration policy.
The author shows the current situation of the science of administration. For this purpose, he presents its fate in post-war Poland. He discusses the initial dusk of the science of administration in the Stalinism period, and then its separation from the science of administrative law. He indicates changes of its material scope under the influence of the Soviet conception and the first Polish school of praxeology that in the ‘60s and ‘70s led to the renaissance of the science of administration, and then in the mid-’80s to its independence as a scientific discipline. For more than thirty years the science of administration was a formally separated branch of knowledge, within the scope of legal science, and its representatives independently or in cooperation with other researchers studied administration as a phenomenon. This situation was changed by the
reform of the higher education system, called the Constitution 2.0, which led to the formal liquidation of the discussed discipline. The effects of this reform can be seen in the field of research and the teaching process. Despite the need for a study of administrative reality and the transmission of knowledge about it to students and listeners, the adopted system of science and higher education results in the extinction of this interest. The present situation of the science of administration is reminiscent of its decline during the Stalinism period. The article is the author’s contribution to the discussion about the fate of the science of administration, that it should still be practiced in an indivisible, not dispersed manner.
The relevance of research is due to transformational changes in the enforcement of court decisions, the
need to build fast and efficient enforcement processes, and simplification of access to the profession of public and private executors, which ultimately aims to implement social guarantees to protect the rights and freedoms of citizens. The purpose of the article is to, based on the analysis of current legislation, research, generalization of law enforcement practice, domestic and foreign experience to investigate the situation and identify problematic aspects that affect the provision of social guarantees for the protection of civil rights and freedoms. The methodological basis of this problem is the use of general and special methods of cognition of legal phenomena and processes. The article presents the results of research on problematic issues of execution of court decisions in Ukraine and the world; shortcomings in the activities of the State Executive Service of Ukraine were revealed; the reasons for non-execution of court decisions concerning the provision of social guarantees of the state in terms of protection of the rights and freedoms of citizens are revealed; proposals have been developed to increase the effectiveness and efficiency of the execution of court decisions. The provisions set out in the article are of practical value for researchers and practitioners dealing with the enforcement of court decisions, for teachers of higher education institutions in the training of highly qualified personnel, as well as for other stakeholders who are to some extent related to this sphere.
There is no legal definition of human rights. They can be perceived in different ways. Human rights aim to protect what is considered valuable for humans. As a result, there
are opinions that natural resources like water, clean air or soil may be perceived as human rights only to the extent of necessity for human life and dignity and not as a value itself. Human beings are in the middle of the environment and every environmental action, both friendly and non-friendly to the environment, influence their lives. As the environment is an important part of life, there should be no doubts that environmental law would also influence other branches of law, among others human rights. The main aim of this dissertation will be to assess if human rights provide an appropriate approach for achieving environmental protection. First of all, to assess that, it should be considered what is the main purpose of human rights. To answer the question posed above it is also necessary to assess what kind of human rights can be used as a tool to
protect the environment. To fully understand the possibilities and the limits connected with human rights as a means to protect the environment, it will be also necessary to highlight the synergies and the conflicts between human rights and environmental protection.
To answer the question of what, apart from the provisions of the Act of 9 June 2016 on the principles of shaping the remuneration of persons managing certain companies (hereinafter: u.z.k.w.), shapes the legal regime of the non-competition agreement regulated by this Act, one must first analyse Article 8(2) u.z.k.w. Unfortunately, determining the legal regime of a non-competition agreement after the termination of the relationship being the basis for the performance of a function by a member of the managing body is not intuitive and may pose many difficulties. Against this background, large interpretative doubts are also visible in the legal science, which only confirms the need for thorough research. The author of the study identifies in detail which labour law provisions will apply to the legal construction of the title and identifies other normative areas that make up its legal regime.
The provision of the subsidy for employment of PWD is one of the tools used by the state to support the employment of disabled persons. However, the design of this subsidy is not optimally set up and only very general legal regulations
concerning the process of its provision, including the obligations of the applicant for this subsidy, give a large scope for arbitrary assessment of applications and the
creation of administrative behaviour. The administrative behaviour is therefore faced with the need to adjust the granting of this grant from the perspective of a consistent administrative behaviour moving secundum et intra legem. For this reason, the article discusses the answers to specific questions often faced by applicants for this subsidy and identifies the ‘sensitive’ points of current administrative behaviour in the granting of this subsidy.
The catalogue of copyright exceptions and limitations that allow the making of copies and exchanges of works in formats accessible to people with disabilities is one
of the greatest achievements of the modern copyright system. The creation of such a catalogue was not only a response to the needs of persons with disabilities but also
a signal for the further development of digital technologies to assist persons with disabilities to participate in society on an equal and non-discriminatory basis. Nevertheless, progress in the field of new digital technologies supporting the transformation of the content of works into accessible formats – especially as regards the production of spatial forms – has not been properly systematised within the international law, which may result in infringements
of authors’ moral rights. The author points to the legal grounds for transforming works into spatially accessible formats and the resulting potential infringements of the original work author’s moral rights.
The author raises up an issue of normative reflection (consolidation) of causation in the criminal law of Ukraine and some foreign countries.The author emphasizes that to
characterize of causation which is a criminal law category, one must reflect this connection or its prediction in the norms of the Criminal Code of Ukraine and some foreign countries, which belong to the continental legal family. The author provides a comprehensive analysis of the problem of reflecting the causal link in criminal law. He begins by analyzing the concept of legal construction and then he analyzes the terminological problems of causation both in the post-Soviet countries (Georgia, Moldova, Ukraine) and in the EU countries (Spain, France, etc.). The article states that the legal construction of „causation” is reflected in particular in Article 8 of the Criminal Code of Georgia, where the emphasis is put on the fact that causation exists when the act has entailed illegal consequences or created a specific danger of illegal consequences. Within the Criminal Code of Ukraine, a set of commonly used special technical terms is used to reflect the causal link. In this case, the causal link is reflected by these terms within the articles of the Special Part of the Criminal Code of Ukraine and their
parts. Within the framework of criminal codified acts of some foreign countries, the reflection of causation is achieved by emphasizing the harmful consequences of the act.
The author analyses provisions governing court proceedings concerning the pursuit of an obviously unfounded claim introduced into the Code of Civil Procedure in 2019. He carries out his analysis mainly from the constitutional perspective. The author – referring to the jurisprudence of the Polish Constitutional Tribunal – verifies whether the introduction of these provisions is justified under Article 45 of the Constitution and other legal provisions relating to court proceedings.
The author focuses on the prosecutor’s objection to a court’s decision to use conditional provisional arrest. These are the new procedural measures introduced by the
amendment to the Code of Criminal Procedure of July 19, 2019. The author primarily aims at presenting the essence of a prosecutor’s objection, the author also tries to interpret Article 257 (§3) of the Code of Criminal Procedure and takes a position in the ongoing debate about the advisability of introducing the provision concerned into the Polish legal system.
Exploitation is threatened with a civil law sanction (Article 388 of the Polish Civil Code), and additionally constitutes a prohibited act (Article 304 of the Polish Criminal Code). The parallel validity of the civil and criminal law provisions prompts us to consider their compatibility and differences (considering the specificity of the field of law). This author discusses the relation between „well-established” provisions of Article 388 of the Polish Civil Code (CiC) and Article 304 § 1 of the Polish Criminal Code (CrC), referring to the subjective circle of both regulations of exploitation, the premises for their application and sanctions provided for
by the legislature. In this context, particular attention has been paid to Article 304 § 2-3 of the CrC that results from a recent amendment of the Criminal Code. The author shows that the compatibility of the provisions regulating exploitation is desirable and that the existing differences should be harmonized by legislation. The author concludes that the provisions of Article 388 of the CiC and Article 304 of the CrC are not consistent. This undermines trust in the law and its protective function. The occurring contradictions cause, inter alia, the actual situation to be included in exploitation under Article 388 of the CiC, which is not an act penalized by Article 304 CrC. A special case is a situation where due to the expiration of the limitation period under Article 388 § 2 of the CiC, legal action is fully effective and irrevocable, while the punishability of the offence has not yet ceased (Article 101 § 1 point 4 of the CrC in connection
with Article 102 of the CrC). Article 304 § 2-3 of the CrC differs from the civil law exploitation regulation and does not constitute a logical and coherent whole with Article 304 § 1 of the CrC.
The author systematizes the numerous Supreme Court judgments concerning the principle of equality of cooperative members’ rights and obligations. The article
subordinates the views expressed in this jurisprudence to the general theses regarding the principle in question. This principle results from the legal norms of cooperative law, and exceptions to it are subject to the constitutional prohibition of discrimination. The principle of equality applies to the rights and obligations arising from membership and derivatives thereof. The legal norms establishing this principle and prohibiting discrimination on its basis constitute the statutory limit of freedom of contract. The principle of equality may also be understood in the directive sense when interpreting the provisions governing the rights and obligations of cooperative members.
By the Act of July 31, 2019, amending certain acts to limit the regulatory burden, Art. 385 (5) of the Polish Civil Code, according to which the provisions relating to the consumer
are contained in Art. 385 (1)-385 (3) of the Civil Code applies to individual entrepreneurs. Thus, the guarantee of the market participant interests protection was extended by recognising as illegal some of the contractual provisions shaping the content of legal relations, both in consumer and economic transactions. This procedure is of particular importance for banking contracts, as from 1 January 2021 all bank counterparties that are not professionally engaged in banking services should be considered as the “weaker” party to the legal relationship, both economically and in terms of experience and knowledge. As a result, additional obligations (informational, formal, guarantee) were imposed on banks towards “business consumers”, which must be met to establish an effective binding contractual
relationship.
The law on corporate social responsibility (CSR) toward consumers was codified in Vietnam in the Law on Protection of Consumer Rights 2010. After more than ten years, in addition to the achieved results, certain limitations
of the law have been revealed, including provisions related to the responsibility of enterprises in protecting the interests of consumers. In response, on March 29, 2021,
the Ministry of Industry and Trade submitted statement No. 1695/Ttr-BCT, which proposes the development of amendments to the law. It is in this context that the authors focus on clarifying the legal provisions and the practice of law enforcement regarding CSR for consumers. In doing so, they set out the advantages and limitations of the law as well as its practical implementation. At the same time,
it provides recommendations for improving the law on corporate responsibility to protect the interests of consumers.
The author focuses on the issue regulated in art. 151
§ 1 pkt 3 of the Family and Guardianship Code, according to which a marriage may be annulled if the declaration on
entering into the marriage or the declaration provided for in art. 1 § 2 of the Family and Guardianship Code was made under an unlawful threat from the other or a third party if it
follows from the circumstances that the person making the declaration could have feared that he or another person was in serious personal danger. In part 2 of the paper, regarding views presented by the judicature and the legal scholars, the author discusses statutory conditions of a threat as a defect in a declaration of a person entering into the marriage; she also criticizes some widely accepted conclusions and formulates proposal for the future.
Currently, the nation (Nigeria) is no doubt, in its worst economic periods because of the global economic downturn which brought about the economic recession (slacking of business and industrial activity). Those at the helm of affairs grapple daily with the numerous problems that are attendant on economic depression to save the country from total collapse. In addition to the economic depression is the growing cases of disputes emanating from the female child inheritance in Eastern Nigeria which covers Anambra, Abia, Enugu, Imo, and Ebonyi States. The status of women has, through the ages, been a cause for grave concern in every culture and every clime. In some areas of the globe, it has passed the stage of sympathetic concern and has entered an era of aggressive feminism.
In Eastern Nigeria, the right to inherit property is determined by the customary law which did not accord any recognition on a woman except as property of her husband or parents (chattel). This paper examines the right of a female child to inherit property in Eastern Nigeria, states categorically the weaknesses of customary laws in protecting the interest of a female child, the current position of Superior Courts of record in Nigeria examines both local and international instruments put together for the protection of women and makes recommendations.