No. 4 (47)

This paper refers to the issues that bring together the elements of management, law and security, which must be harmonized well enough to allow effective cybersecurity management in the public service sector, which is mainly focused on the effective performance of its tasks (also with the use of ICT systems), at local, regional and national levels. The paper aims to evaluate the processes occurring in cyberspace and the mechanisms for stimulating them, in terms of effective cybersecurity management in the public service sector. The issues related to cybersecurity management in the public service sector have not been the subject of comprehensive analyses. The subject has been treated in a fragmentary manner. Therefore, this article is part of new research. The authors have contributed equally to the study.

This paper aims to provide answers to questions about how the most advanced regulations at the international or supranational level in the EU and the CoE, as well as the jurisprudence of the European Court of Human Rights (ECtHR), address the problems of threats to human rights resulting from the development of AI technologies. After characterizing these regulations, an analysis was made of selected ECtHR judgments. Research problems in the analysis carried out in this study are connected, in particular, with the differences and similarities between the compared standards in the context of threats associated with AI technologies and their significance in the future.

In proceedings before the International Criminal Court, expert evidence is of particular procedural importance. The use of specialist expertise is essential given the high level of complexity of cases involving perpetrators accused of war crimes, crimes against humanity or genocide. The scale and scope of the evidence available to the Tribunal makes it necessary to use the special knowledge of experts covering a wide range of opinions. This study presents the most important rules regarding the procedural status of experts appearing before the ICC. In view of the full-scale aggression of the Russian Federation on the territory of Ukraine, which started on February 24, 2022, and the investigation initiated by the ICC on March 2, 2022, concerning war crimes, crimes against humanity or genocide allegedly committed on the territory of Ukraine, it was justified to point to the specificity of opinions in these international criminal proceedings.

The purpose of this paper is to introduce the anti-corruption sanctions regime, which is an important link in the global anti-corruption system. First, the basic premises of the US anti-corruption sanctions regime based on the Magnitsky ACT are discussed, followed by a review of the legislation of other countries that have followed the US example or have attempted or made policy statements to implement a sanctions regime, and the potential goals to be achieved and challenges to be overcome related to the emergence and development of a global anti-corruption sanctions regime are extracted. Finally, recommendations for the national legislator were formulated, including an attempt to answer whether Poland should implement additional legal solutions to intensify the fight against global kleptocracy based on authoritarian corruption.

The paper presents philosophical reflections on the concept of lawyers' authority.  The concept of authority is explained, which is then used to explain the concept of legal authority. For this purpose, a philosophical analysis of the concept of authority proposed by Józef Maria Bocheński was applied.

The purpose of the paper is to answer the questions regarding the date of delivery of documents by electronic means by public bodies involved in administrative procedures, when individual public bodies are gradually moving from the delivery of correspondence by means of the ePUAP to delivery to the electronic delivery address. With regard to the ePUAP platform, is the date of delivery of documents determined by the date indicated in the official confirmation of submission or the official confirmation of delivery?

The purpose of the paper is to determine the legal consequences in administrative and tax proceedings of a breach of the obligation of public entities and so-called professional non-public entities to have an electronic delivery address registered in the electronic address database connected to the public service of registered electronic delivery. The Electronic Service of Documents Act does not provide for sanctions in the event that the above-mentioned entities do not have an address for electronic service of documents. The lack of an address for electronic service by the above-mentioned public entities and private entities that are required to have such an address registered in the electronic address database linked to the public service of registered electronic service may have certain procedural consequences, especially in the area of service of documents by administrative authorities and filing of applications with these authorities.

The aim of this paper is to determine the impact of citizens' digital literacy on access to justice in civil cases. This issue is becoming increasingly relevant due to the progressive computerization of the justice system, with the emergence of digital tools designed not only to initiate civil proceedings, but also to actively participate in the proceedings and to obtain a fair resolution within a reasonable time. Consequently, it is necessary to dissociate modern thinking about digital literacy (including the lack of it) from technical skills and access to adequate equipment and sufficient Internet. If someone is not functionally competent enough, they cannot use these resources to freely access electronic public services, including those offered by the civil justice system.

One of the basic problems of the Polish justice system is the length of proceedings, and therefore solutions are being sought to make court proceedings (including civil proceedings) last longer. One idea is to introduce technology into the courts, including the widest possible use of artificial intelligence. In this context, there are doubts about the constitutional norm, because in the light of the constitutional right to a court, artificial intelligence can't decide (Article 45(1) of the Constitution of the Republic of Poland), and it is not possible to directly equate speedy court proceedings with the right to a fair trial. In addition, there are other aspects, such as ethical and trust issues regarding artificial intelligence, the willingness of society to take such a significant step in the judicial process, or the exercise of human control over artificial intelligence. However, while it's impossible to turn a judge into a robot and a robot into a judge, artificial intelligence can be used in civil proceedings to improve the judge's work in activities other than resolving disputes between parties (as a court referendary or assistant judge).

The subject of the paper is the public law aspects of the processing and protection of personal data in the context of contracts for the supply of digital content and services. The study discusses EU and national consumer protection rules on the protection of personal data in contracts for the supply of digital content or services. The key issue that is analyzed is the basis for the permissibility of data processing in the context of the provision of digital content or services. This includes the question of whether the appropriate basis in this respect should be the performance of a contract or the consent of the data subject to the processing of his or her data.

The author attempts to present the process of the formation of reasons for court decisions over the years and the recent impact of electronic case law databases, in particular the Central Database of Administrative Court Decisions and commercial legal websites, on the formation of reasons for administrative court decisions. An attempt has also been made to answer the question of whether some algorithms or artificial intelligence answer generators may soon replace humans in issuing even the most straightforward court decisions or writing their justifications. Does the technology allow it, do people agree with it, and what are the legal and ethical risks involved, especially in “shifting” the responsibility for the content of the reasoning to an AI bot? Finally, an attempt has been made to answer the question of whether even the most technologically advanced AI program will be able to take into account extra-legal judicial directives in a possible judgment and its justification, such as the judge's inner sense of justice, sensitivity, or conscience.

The subject of the article is the legal prerequisites and limits of the use of artificial intelligence (AI) systems in strong and weak versions for decision-making processes in administrative proceedings. The main objective of the study is the presentation and theoretical assessment of the fundamental structural problems and the limits of the applicability of an automated administrative act from the perspective of the normative regulations of the selected foreign legal systems, primarily German federal law. The comparative legal analysis will focus on the theoretical and practical conditions of the possibility of introducing a fully or partially automated administrative act into the legal system and its relationship to the concept of an electronic administrative act. Separate comments will also be devoted to the assessment of the provisions of Polish law from the point of view of the essential elements of the construction of an automated administrative act.

This article provides terminology for the conceptual grid used in the Open Data and Re-use of Public Sector Information Act. It evaluates the terms “open data” and “re-use of public sector information”. It describes the relationship between these terms by analyzing the provisions of the Open Data Directive and the Act implementing it. The article evaluates negatively the legislator's use of the ordinary term “open data” in the title of the law. This also applies to the material scope of the Act as defined in Article 1. However, the use of this concept in the Act is justified from the perspective of the purposes of reuse and the values behind it. However, the term open data should not be used in the title.

The subject of the paper is the essence of the new legal category of data altruism. This issue is regulated by the provisions of the Data Governance Act, which defines the concept of data altruism and the organizational requirements for ensuring data sharing for the public good with altruistic motives. The text attempts to analyze this new regulation in terms of the concept of data altruism itself and its relationship to legal categories such as information rights, the public good, and sustainable development.

The author calls for the recognition of AI-generated content as cultural expressions under the terms of the 2005 UNESCO Convention. It also discusses the benefits and risks of using artificial intelligence technology for the diversity of cultural expressions and the state of EU primary law on cultural diversity. Critical comments on the draft EU Regulation on Artificial Intelligence are also presented in the context of this draft, in order to provide an adequate response to the benefits and risks identified above.

Accordingly to Polish regulation on ID card, the electronic layer of the ID card contains a personal signature certificate along with the signature data. The personal signature is an advanced electronic signature under eIDAS. Due to parties agreement the personal signature can become an equivalent of the handwritten signature. This results in fulfilling the requirement of a written form of a legal action reserved ad soleminitatem, ad probationem or ad eventum.

The author analyzes the relationship between the provisions of the Copyright and Related Rights Act and the provisions of Chapter 5b of the Consumer Protection Act. It concludes that there is a correspondence of norms within the scope of Art. 55 of the Copyright Act and Art. 43h et seq. of the Consumer Protection Act, and that the former liability regime is more favorable to an author than the latter in relation to an entrepreneur. The study also includes an assessment of the above situation from the point of view of the cohesion of the legal system and a postulate de lege ferenda.

The use of AI tools in the film industry puts the discussion of protecting actors' intangible assets in a new context. National and international solutions lack a coherent model for protecting the commercial use of these assets. The optimal solution seems to be the introduction, as part of an international agreement, of a structure based on the right of publicity, but with regard to the AI context. This paper addresses these issues.

The author deals with the impact of artificial intelligence and new technologies on the form and scope of the legal duty of fidelity, which derives directly from Art. 23 of the Family and Guardianship Code. In addition to the important terminological issues, the author focuses on two aspects of the problem under discussion. The first is a specific case of emotional infidelity, in which the spouse establishes a relationship with a third party by means of remote communication. The other and more interesting case concerns the legal assessment of the emergence of warm feelings in one of the spouses towards the artificial intelligence with which the spouse communicates. In particular, the possibility of attributing guilt to a spouse who engages in such behavior is discussed.

The inspiration for this paper was a lawsuit against OpenAI and related companies filed in 2023 in the United States District Court of the Northern District of California, San Francisco Division. The plaintiffs (authors) alleged, among other things, copyright infringement by using their novels to train AI without their consent. The purpose of this article is to assess, through the prism of Polish law, the plaintiffs' chances of success in a similar dispute hypothetically taking place in Poland. However, due to the limited scope of this paper, its scope was limited to evidentiary issues. This is an interesting aspect, which has been neglected in the doctrine so far, and at the same time it is undoubtedly crucial from a practical point of view. The conclusions of the considerations made will be related to the postulates presented regarding the solution at the legal level of some copyright problems related to the training of AI.

The purpose of the article is to analyze the main legal problems arising in connection with the processing of personal image data of employees and members of the bodies of the employer, which is an organizational unit, by the employer in connection with the increasing popularity of remote work and videoconferencing contacts. Their solution involves the joint application of several legal acts in force, i.e. the Law on Copyright and Related Rights and the Civil Code, as well as Regulation 2016/679.

The Code of Civil Procedure contains rules on the conduct of established contact with a child, which have changed significantly as a result of the amendment made in 2011. Despite this new regulation, in court practice there are numerous disputes arising from a situation where a person with custody of a child takes measures to prevent contact with the child by a person authorized to have contact with the child in the manner established by a court decision or settlement. Undoubtedly, this problem has also been noticed in the judicial practice of the Supreme Court. The purpose of this paper is to provide an in-depth analysis of this issue of great social and practical importance.

The exclusion of a judge plays an important role in ensuring the judge's impartiality, thus guaranteeing a fair trial and a just decision. The legislator has ensured the implementation of this guarantee in civil proceedings by the institution of the disqualification of the judge by law and at the request of a party or the judge himself. The judge's impartiality may be particularly questionable in cases involving Swiss franc loan agreements due to their prevalence and the banks' concerns about the judge's impartiality. Judges are parties to many contractual relationships and participate in public, social and economic life on the same terms as other citizens. For these reasons, this paper analyzes whether such a judge should be subject to disqualification by law or only upon application.

Modern development requires society to create and implement all possible means and mechanisms for peaceful development and progress in the world based on less loss of time and rational actions. Society should well understand that world peace, real introduction of social dialogue, establishment of the culture of dialogue in society - development and much more acceptance of each other in everyday life should be achieved, which is largely a challenge during the last centuries, although all states establish mechanisms at the legislative level, which should reduce disputes in courts and tensions in society.

The aim of the paper is to determine whether and to what extent the Act of July 13, 2023 amending the Act on the Management of Agricultural Real Estate of the State Treasury and Certain Other Acts, including the Law on the Design of the Agricultural System (ADAS), may affect the development of rural areas and the situation of agricultural producers.  In the first place, the deliberations focused on the changes in the regulations related to the establishment and expansion of the area of agricultural enterprises, including the tenders of the State Treasury's Agricultural Property Fund, the right of priority in the purchase of real estate by leaseholders from the State Treasury's Agricultural Property Fund, then the changed definition of a close person in the ADAS, the expansion of the duties of a notary in the aspect of the right of pre-emption and acquisition (Article 4 of the ADAS). Further considerations were devoted to the purchase of leasehold land by third parties. The remainder of the article discusses the changes that will take effect on July 13, 2023, which may affect the development of renewable energy and rural areas. In conclusion, the author states, among other things, that it is positive that the legislator has taken measures to clarify certain issues that caused doubts in interpretation. They may influence the development of agricultural enterprises, provide greater opportunities to purchase small agricultural properties for residential purposes and promote the development of renewable energy.

The deletion of the cooperative from the National Court Register is carried out either as a result of liquidation proceedings or without liquidation proceedings. It is also possible according to specific provisions of the Cooperatives Act or the National Court Register Act. After being removed from the register, the cooperative, having lost its existence, obviously loses its legal personality and its legal capacity. This loss is permanent and irreversible. The loss of legal capacity of a party in the course of a lawsuit renders further legal proceedings inadmissible, resulting in the necessity to terminate the proceedings. However, it follows from the second sentence of the provision of Article 127 of the Law on Cooperatives that after a cooperative has been removed from the National Court Register as a result of the completion of the process of liquidation of the cooperative, the cooperative shall be replaced as a party in any ongoing litigation concerning it by the auditing association to which the cooperative is affiliated. This provision is undoubtedly a special provision that provides for the legal succession of a party whose legal existence has been terminated before the end of the ongoing litigation.

This comprehensive study provides an in-depth analysis of the philosophical underpinnings and theoretical frameworks that shape intellectual property (IP) law. It embarks on a scholarly journey that explores various foundational theories, including John Locke's labour theory, utilitarianism as influenced by Bentham and Mill, Hegelian personality theory, and others. The study examines how these theories have influenced the formation and evolution of intellectual property law, highlighting the complex interplay between individual creativity, societal needs, and cultural expression. It examines the application of these theories in real-world legal scenarios, offering insights into how they inform current IP law and policy. It also explores the intersection of these theories, demonstrating their multifaceted nature and the balanced approach they bring to IP law, addressing issues such as creators' rights, the public interest, economic incentives, and cultural diversity. This exploration provides a nuanced understanding of IP law as a dynamic field where philosophical, economic, and social considerations converge to shape laws that reflect broader societal values and priorities.

The aim of this paper is to examine the concept of unlawfulness as the main premise of the tort liability of public authorities carrying out control activities. Therefore, the following considerations are intended to determine the relationship between the general provision of Art. 417 of the Civil Code and the seemingly more specific provisions of Art. 46 (1) and (2) of the Entrepreneurs' Act. The analysis carried out shows that the latter provisions refer only to the above-mentioned provision of the Civil Code. Subsequently, it is necessary to answer the question concerning the interpretation of the illegality in the light of Art. 417 of the Civil Code. According to the prevailing opinion, illegality should be understood only as a violation of positive law. It does not cover the violation of rules derived from other sources, such as the principles of social coexistence or good faith. As a result, the professional seems to enjoy a relatively narrow scope of protection against unlawful control activities. Therefore, the article argues for a greater emphasis on principles rather than focusing mainly on rules related to the activities in question. This perspective may have a positive effect on the protection of entrepreneurs within the current interpretation of the illegality under Art. 417 of the Civil Code.

The author presents issues related to the accrual of payments regulated by Article 451 of the Polish Civil Code. The author focuses on the situation when the debtor has only one obligation to make periodic payments to the creditor; the debtor is in debt with his payments, and making one of them indicates which one he wants to satisfy. With regard to the views expressed by the judiciary and legal scholars, the author considers the controversial issue of whether, in the above mentioned situation, the party entitled to the accrual of payment is the debtor or the creditor.

The legislator has not included an explanation of the definition of gross ingratitude in any legal act. The author focuses on the analysis of decisions that show what kind of behavior can be considered gross ingratitude. In the paper, the author discusses situations in which the legal durability of a donation contract can be interrupted and emphasizes that not every behavior is a reason for revoking a donation. The author points out that the lack of a legal definition of the concept of gross ingratitude leaves many inaccuracies, as one can encounter divergent rulings in similar factual situations.

It should be noted that the wording of the primary law provision in Article 101 (3) TFEU is in fact open to classification both as a legal exception and as a general prohibition subject to authorisation. In fact, the interpretation of the primary law provision is strongly influenced by the perspective of secondary law. The purpose of this article is to provide an interpretation of Article 101 (3) TFEU. In the following, the factual requirements will be described from a general perspective in order to facilitate a later understanding of the interpretation of Article 101 (3) TFEU for different types of agreements.

One of the crucial tasks underlying administrative law is to serve people. This service has different dimensions, functions through different instruments and institutions, and touches different aspects of an individual's life. One of the activities in this field, poorly described in doctrine and analyzed in practice, aimed at satisfying housing needs, is the municipal housing program. The aim of this paper is to discuss this institution, which is implemented within the framework of the statutory tasks of the municipality, indicating the main value, which in this case will be the satisfaction of housing needs. In order to properly describe and present these instruments, an analysis was made of the rudimentary legal solutions of the Polish legal system relating to this institution and practical solutions aimed primarily at meeting housing needs.

In 2016, the 'Family 500+' program was introduced into the Polish legal system. According to the assumptions of this program, the money paid to its participants should be used to partially cover the costs associated with meeting the necessities of life and raising a child. In addition to improving the situation of Polish families, the program also aims to increase the birth rate. Through the analysis of legal acts, legal scholars and reports, the authors of this Article try to answer whether this program has contributed to increasing the birth rate in Poland, as well as to improving the situation of Polish society and the country.

The subject of this paper is the analysis of fundamental principles of the radiation protection system of the International Atomic Energy Agency (IAEA) and their implementation in Polish nuclear law. The primary goal of these principles is to protect people and the natural environment against the harmful effects of ionizing radiation. The author characterizes three of ten IAEA
Fundamental Safety Principles[1], namely the principles of justification, optimization, and dose limitation[2] , along with an indication of their substantive content, normative meaning, and the provisions and measures that implement these principles. 

The author analyzes the legal status regarding the use of special forces - ships of special forces in response to piracy and maritime terrorism. He presents aspects of international law relating to piracy and maritime terrorism. The author also analyzes the legal status of special forces vessels, including the right to fly the flag. Aspects of the Polish legal system that form the legal basis for the use of special forces in response to acts of maritime terrorism are also presented.

The procedure regulated by the law of August 11, 2021 on open data and the re-use of public sector information has, like any other procedure, its own rules. These rules are intended to ensure that the process runs smoothly for the benefit of both parties to the process: the right holder and the information provider. The analysis of these rules is the basis for an internal classification of the information in accordance with a suitable selection criterion. It allows, among other things, to distinguish between subjective rules, which are strictly related to the rights of the entity referred to in the regulations as the user, and those relating to the applicant. The provisions of the Act that form the basis for characterizing such principles in their internal confrontation with the provisions of the Act of September 6, 2001 on Access to Public Information are discussed in this study.

The aim of the article is to analyze the institution of the right of petition in the activities of local government in the context of the development of legal regulations aimed at increasing the activity of individuals in the exercise of public authority, and the formal and legal conditions for consideration of broadly understood petitions by local government bodies. This analysis will allow to formulate a conclusion on the direction of development of the right to petition in the activities of local government as an effective and efficient tool of dialog between the authorities and society.

The paper deals with the question of unintentionality in the context of a continuous act. The results of the doctrine so far indicate the impossibility of committing a continuous act unintentionally. However, an analysis of the current jurisprudence encourages the consideration of a different concept, in which the intention referred to in the provision of Article 12 does not refer to the act as such, but to the “continuity” of the act itself. This is shown by an analysis of the individual provisions of the Criminal Code that use the concept of intent.

The author examines the requirements for a public prosecutor's request to the court to obtain data protected by banking secrecy pursuant to Article 106b of the Banking Law. As a result of the analysis, it has been found that there are problems in completing the application in this area, which have not been noticed or have received little attention so far. The main purpose of the paper is to address the identified difficulties and propose solutions. At the same time, an attempt has been made to keep the considerations in close contact with practice.

The 20th century in the history of Polish law was the period of creation of two Polish Codes of Civil Procedure (1930, 1964). This article presents these two procedural laws, mainly through the prism of the guiding principles of civil procedure. At the same time, it points out some universal challenges faced by the national legislator, which are still valid today. The elimination of the specific features of the civil procedural law of the socialist model in a modern state of law was and is necessary due to the changed conditions of its application. The search for a formula of a modern model of civil procedure, the most effective and meeting the needs of the entities participating in it, continues to become a common trend.

The first part of the paper presents the work on the preparation of the Statute of the City of Vilnius in the interwar period. The Local Government Act of 1933 granted the six largest cities of the time their own statute. The paper also describes the draft statute prepared by the secretary of the Statute Committee, which was created as a result of the work of the Statute Subcommittee.

In the first decade of the People’s Republic of Poland (until 1955), the criminal procedure underwent profound changes in an inquisitorial manner. The changes first affected the military procedure and were then transferred to the ordinary procedure. The transformation process ended in 1950. The paper presents the criminal trial of Adam Półtorzecki as an example of a judicial crime committed on the basis of the transformed procedure. Półtorzecki was a pre-war police officer who was accused of mistreating communists during investigations. The pre-trial proceedings against him included illegal arrest, secret proceedings, he had no defense counsel, he was not informed of his rights, and the interrogations lasted very long. The trial was very short and he was sentenced to 15 years imprisonment, which was the maximum possible sentence. Półtorzecki died in prison, not having lived to see the Supreme Court review the verdict.  From 1955, a process of gradual dismantling of the inquisitorial features of criminal proceedings began.

The purpose of this article is to examine the institution of an expert in the Polish Code of Civil Procedure of 1930, in particular the significance of expert evidence in the form of an expert opinion. The expert opinion was one of the means of evidence mentioned in the chapter on evidence of the Code of Civil Procedure. During the trial, the court assessed the credibility of the expert opinion on the basis of its conviction. However, since the facts on which the experts give their opinion are excluded from the court's assessment, the court had to rely on such evidence prepared by experts. According to the doctrine, the expert's opinion had the same significance as the court's verdict, and it often settled the case.

Count Leon Piniński was a professor of Roman law, first at the University of Lemberg, and from 1918 at the Jan Kazimierz University in Lwów. In addition to his academic work, he was interested in art, literature, music and politics. He developed very active cultural, social and political activities. He was a member of parliament, governor of the province of Galicia, and a member of the Imperial Court. The public functions he held required him to give numerous speeches. Many of them resulted from his political activities. In the present paper I will discuss his opinions and views on the reform of the electoral law for the Austrian Imperial Council, which were published by the newspaper “Gazeta Narodowa”.

The article is devoted to the analysis of the resolution of the Supreme Court of 9 October 2020, III CZP 91/19. The adopted resolution deals with the issue of representation of a minor child by a guardian ad litem in the case of an action for waiver of alimony filed against the minor by the parent to whom the court has granted custody. The author supported the correctness of the Supreme Court's decision presented in the adopted resolution, while drawing attention to the complex nature of the issue itself.

The subject of the paper is the analysis of the opinion of the Supreme Court expressed on the basis of the examination of a specific cassation case. The opinion expressed touches on one of the most important issues of civil procedural law, i.e. when a court decision is justified. This question concerns many serious issues related to the citizen's right to court and the possibility of appealing against unfavorable court decisions.

In its decision of March 23, 2021, the Voivodeship Administrative Court in Warsaw dismissed the appeal and declared that the decisions denying the Ukrainian citizen refugee status and subsidiary protection were correct. The contested decisions and the verdict of the Voivodeship Administrative Court were issued before the Russian aggression against Ukraine. Nevertheless, the Supreme Administrative Court took into account the circumstances of the aggression when assessing the decisions taken before the aggression. In accordance with the principle of primacy and direct application of EU law, the provisions of Directive 2013/32/EU of the European Parliament and of the Council of June 26, 2013 formed the basis of the decision of the Supreme Administrative Court.