No. 2 (40)

Protectionist phenomena are growing in the EU with regulations that control and limit foreign investment in the broad sense. Many EU member states adopted regulations and the EU regulates these issues. The author examines
the EU’s fundamentals of such regulation and trends in the context of the deepening integration of the European Green Deal strategy and the ambition to develop an EU industrial policy. The author also considers member states’ ability to control and reduce intra-EU and non-EU investment.

The Art. 45 sec. 1 of the Polish Act of 5 December 1996 on doctors and dentists profession generally requires physicians and dentists to apply or prescribe only medicinal
products that have been authorised in Poland. However, sec. 3 permits, in justified cases, to use medicinal products authorised in other countries. These may raise the question
of whether Art. 45 sec. 3 is a separate provision that regulates using such medicinal products in Poland or is it only a supplementary regulation of the pharmaceutical law, which is far more detailed. The author attempts to present the legal relationship between the regulation of the Act of 5 December 1996 on doctors and dentists profession and the pharmaceutical law in the context of the admissibility of using medicinal products that have not been authorised in the national procedure in Poland.

The author recalls Judge Józef Talarczyk, a longtime vice-president of the Provincial Court in Gdańsk. In the example of his biography, so characteristic for many judges at the turn of two epochs separated by the period of World War II,
the author presents the last years of the judiciary system in the interwar period and the rough beginnings of building its structures in the post-war reality. 

In the years 1922-1939 in the conservative daily newspaper published in Vilnius – „The Word” – Stanisław Cat-Mackiewicz, its editor-in-chief, created a vision of a strong Polish state with strong presidential power referring to monarchical forms of the political system. He criticized the March Constitution of 1921 and the state system which resulted from its provisions. He actively participated in the political changes that took place after 1926 and let to the adoption of the new constitution of April 1935 and changes aimed at authoritarianism.

After Marshal Józef Piłsudski’s death, the Sanacja camp split. The previously dissolved BBWR was replaced by Obóz Zjednoczenia Narodowego, which was formed at the beginning of 1937. Its main goal was to consolidate (unite) the nation around the slogan „defend Poland”. It was also to be the ideological and political base for Marshal Edward Śmigły-Rydz. In the ideology of OZN, the fundamental function was to be played by the provisions of the April Constitution. The ideological and political declaration of the
Camp emphasized their function. They were to be the basis for order in the state. Particular emphasis was placed on the importance of those articles which made it possible to realise the idea of consolidation. Thus, OZN emphasised the role of the state, the nation, the president, the army and the common good. However, political reality could not always be implemented in a rigid legal framework. The final implementation of the provisions of the April Constitution was interrupted once and for all by the outbreak of the Second World War.

Since the Ukrainian jurisprudence needs new legal mechanisms based on the implementation of the decisions of the European Court of Human Rights (hereinafter – EctHR) that will ensure the exercise of the right to a fair trial, the subject under the study is relevant. Authors of this study aim to examine the right to a fair trial in terms of its content and provision in Ukraine through the prism of decisions of Ukrainian courts in various instances and the relevant case-law of the EctHR. The conducted research involves studying empirical and theoretical materials related to the content of normative consolidation and law enforcement use of the right to a fair trial. The methodological framework also includes the following research techniques and methods: dialectic, systemic, functional and structural, analysis, and synthesis. The authors determine the said right is considered within its constituent elements and relevant manifestations in legal science and case-law, including fairness and publicity of the trial, compliance with the signs of independence, impartiality, legality, and the rule of law, equality of participants, and proceedings within reasonable time limits.
The characteristics of the said right and the mentioned elements are subjected to appropriate interpretation within the relevant judgments of the ECtHR during proceeding case materials in national courts of the signatory states to the Convention. There is an extensive terminological and procedural experience of the ECrHR used in the case-law of Ukraine in matters of ensuring the right to a fair trial and its exercise. The conclusions of the article may be used to improve legislative, law enforcement practice, and research in the framework of creating legal structures to ensure the exercise of the said right in the country, taking into account the ECtHR case-law.

Environmental protection is non-negotiable in any part of the world, governments and relevant stakeholders should ensure that the lives of citizens are not put at unnecessary risk because of a lack of adequate environmental protection, thus, people should live in a safe and healthy environment. The author focuses on the environmental protection of residents in Nigeria since it especially
affects telecommunication installation in the country. The telecommunication industry in Nigeria is fast growing over time and it has been discovered that as the industry grows, the aspect of environmental protection as it affects Environmental Impact Assessment of such installation has been neglected, thus, affecting the public health of residents in Nigeria as will be revealed in this paper. The author brings out the need to properly regulate the telecommunication sector to guarantee environmental protection for Nigerian residents.

The authors analyse the problem of normative and legal regulation of labor migration from Ukraine to the Republic of Poland in the conditions of COVID-19. They study the phenomenon of legislative regulation of migration policy in the examples of Ukrainian and Polish experiences. They especially consider the extensive, but at the same time insufficiently, developed the regulatory framework of Ukraine on migration issues. In addition, they highlight the consequences of the impact of the COVID-19 pandemic on
the formation of normative and legal support for the labor migration of Ukrainians to Poland. The authors also discuss Polish successful practices in ensuring orderly and secure
migration, and bilateral cooperation between Ukraine and Poland in the field of settlement of migration flows and threats. The difference in the national approaches of migration policies of Ukraine and Poland regarding the prompt solution of urgent problems of the migration sphere in a pandemic is highlighted. The authors conclude that it is necessary to form a new integrated migration policy for Ukraine taking into account the positive practices of the Polish approach in this area.

The classification of possession as a subjective right or an actual state has always been controversial in the civil law. The author believes that this dispute was only seemingly resolved in favour of the view that possession is an actual
state. To resolve this dilemma the author carries out an analysis of the arguments expressed by both sides of the discussion. The shortcomings of the this argumentation requires further analysis. The author focuses on analysing
the concept of subjective right and listing the constitutive elements of this concept. To resolve the dispute concerning the legal classification of possession, the author analyses indicated constitutive elements of the subjective right in the context of the possessor’s legal situation.

The criminal liability of commercial legal entities has been established in the criminal laws of many countries around the world. In Vietnam, the Criminal Code approved by the 13th National Assembly of the Socialist Republic of Vietnam on November 27, 2015, officially recognizes the criminal liability of commercial legal entities. This has marked the
development of the country’s criminal law in line with the general trend of criminal law in the world to meet the requirements of the prevention and fight against crime. The addition of provisions on the criminal liability of commercial legal entities is of great significance in tightening the legal corridor in current Vietnamese economic integration. However, the 2015 Criminal Code regulating the criminal liability of commercial legal entities also poses new problems in terms of both the theory and practice of the law’s application. One crucial issue is the proven activity in cases where a commercial legal entity is accused. To clarify the problem of proven activity in such cases, these authors outline and analyse the provisions of the 2015 Criminal Code on the criminal liability of commercial legal entities.

On the one hand, the author presents the identified content and functional relations between the contemporary Polish legal order and the Ten Commandments. In this respect, he indicates the binding legal provisions and institutions corresponding to the norms of the Decalogue, he submits the functions that references to the Decalogue have in the justifications of the few judgments, and he presents the role of such references in legal scholarship. On the other hand, he formulates and substantiates a normative thesis
that the Ten Commandments are of constant importance to the lawmaker whenever the law established by him is to be at the service of genuine human freedom. The Decalogue
expresses universal ethical principles, the implementation of which in law protects the dignity of the human person, and not – as it is repeatedly erroneously asserted – threatens the inherent fundamental rights of an individual.

The author presents the French system of legal education. There are some problems concerning this issue. The first one is connected with historical conditions which have influenced the shape of the current model of legal education. The tradition of the 19th-century French codifications and school of exegesis seems to be particularly important. The second one concern the analysis of the current system of legal education (academic and professional studies). The third issue relates to searching for the optimal model of legal education within the common European educational sphere. At the present day, there is not any uniform set of teaching programs as far as
legal studies are concerned. According to the Act of August 10, 2007 on the freedom and responsibility of universities, universities gained considerable freedom in developing their curricula. In addition, students can choose some compulsory and optional subjects. This approach corresponds to the postulate of the representatives of the “free scientific research school” to enrich students with a humanist perspective of law.