No. 3Law & Social Bonds Nr 4 (50) 2024

The history of democracy is mainly associated with ancient Greece and the Roman republic. To this day, the belief is that democracy is the rule of the people. Since antiquity, new legal or institutional solutions have been introduced in order to guarantee a certain status quo to the prevailing balance of political forces guaranteeing the stability of the state and society. It is not uncommon for demands to save democracy to have been made and are still being made today. An example of this was the last elections in Poland, when the then opposition went to the polls under the slogan of saving democracy. Few of the voters, however, or even the politicians proclaiming these slogans, gave any thought to what kind of democracy they were fighting for. Was democracy really under threat? And, after all, what is democracy? A legal-historical analysis allows us to conclude that, as a result of the social, political and technological changes taking place, the most optimal democracy today is constitutional liberalism, i.e. a form of government rather than a stability of procedures or institutions.

 

The article conceptually reviews the paradigmatic models of mediation, to understand the professional role of a mediator and the scope of ethical obligations. The description of each model showcases the corresponding action of a mediator and the standard of intervention in the process and studies their effectiveness in achieving the goals of mediation. In this regard, the paper examines the content of a mediator's ethical obligations and potential dilemmas in different mediation models, which might be associated with a mediator's direct and uniform choice of a particular mediation model. The article emphasizes the importance of a mediator's competence for the proper flow of a process and, at the same time, analyzes the necessity to strictly demark it from the professional role of an attorney, which is essential for the ethical execution of a mediator's role.  

The elaboration aims to analyse the influence of the UN Convention on Rights of Persons with disabilities on the EU regulations concerning the status of workers with disabilities. Author presents the EU legal framework on disability, including EU Charter of Fundamental Rights and the Directive 2000/78 on equal treatment in employment, as well as those provisions of the UN Convention that pertain to prohibition of discrimination, accessibility and right to work. Against this background, Author analyses the influence of the UN Convention on the EU Court of Justice case-law on the notion of disability and reasonable accommodations under EU law. He emphasizes that both the European Union and its Member States have competence in the fields covered by the UN Convention. European Union is obliged to inform periodically the UN Committee on the Rights of Persons with Disabilities about the measures taken to implement the UN Convention, and that conformity of EU regulations on persons with disabilities with the said Convention is subject to regular assessment. The UN Convention can constitute a point of reference to promote within the European Union the right to work for persons with disabilities and to adjust employment conditions to their needs

Russia recognized the jurisdiction of the European Court of Human Rights in 1998. Initially the cooperation between the Russian judiciary and the Court developed well. The rulings of the Court were executed, the Russian law as amended in accordance with the European standards. Since 2010 the situation has changed significantly. The Russian authorities started to emphasize Constitutional Court’s „sovereignty” and to neglect Court’s rulings. The following paper aims to identify two periods in the cooperation of the Russian Constitutional Court and the European Court of Human Rights. Particular attention was paid to the legal mechanisms that were adopted by the Constitutional Court in order not to carry out rulings of the European Court. The Constitutional Court of Russia expressed a thesis that international treaties and international court’s decisions in the hierarchy of the sources of law occupy a position below the Constitution. Consecutively, it was confirmed by the amendments to the bill on the Constitutional Court and the Constitution of Russia. In 2022 Russia lost membership in the Council of Europe what means the abandonment of the European legal order. There is no doubt that in the Russian Federation the status of the international treaties, including the European Convention of Human Rights, depends on the political situation in this country and Russia’s authorities’ attitude towards cooperation with the international community.

Given the rapid technological advancements, cybersecurity and personal data protection are developing into key aspects requiring a holistic approach. The dynamic development of artificial intelligence (AI) and big data technologies creates new opportunities for cybersecurity. At the same time, these give rise to potential attack vectors. The article highlights the relationship between cybersecurity and personal data protection, indicating the need for integrated measures to be taken at multiple levels. This includes developing and implementing advanced technological solutions and education to increase users’ digital competencies. The analysis reveals that only by balancing the potential offered by modern technologies with the risks related to the human factor is it possible to protect personal data in the digital ecosystem effectively.

This paper addresses the problem of the need to determine the legality of autonomous weapon systems (AWS) under international humanitarian law (IHL), focusing on the two targeting and weapons laws. This study emphasizes the need not to confuse these two laws in the analysis. The paper aims to clarify whether AWS could be considered illegal under IHL, taking into account the principles of distinction, proportionality, and precaution. The research methodology includes an analysis of the relevant provisions of IHL and customary humanitarian law. The research design includes an examination of the potential of AWS to cause unnecessary injury or suffering and their classification as indiscriminate weapons. The paper concludes that while AWS posses autonomous decision-making capabilities, human oversight is required to prevent excessive harm.

Questions about self-awareness of artificial intelligence (AI) and the perspective of full autonomy of AI systems show how complex issues the legislator will have to cope with to establish a legal framework adequate to advanced AI. Although the development of AI systems has not reached the level mentioned above, we already have to deal with the problem of inadequacy of the existing legislative regime to factual situations in which an AI system has caused damage. This article examines the civil liability of AI systems in EU legislation. The analysis discusses current problems with AI liability, proposals of the European Union legislator on how to solve existing problems and includes de lege ferenda suggestions. Conclusions from the observations made allow to answer whether the legal solutions offered by the Products Liability Directive proposal and the AI Liability Directive proposal are adequate to the identified problems with liability for AI systems.

Today's India operates between attachment to tradition and the requirements of modern civilizations in terms of respect for human dignity. Despite the constitutional guarantee of equality before the law and the prohibition of discrimination on the basis of gender, the shape and character of society are determined by religion and loyalty to tradition. The author of this article poses the situation of Hindu women in India as a research problem, looks for its causes and possibilities of change. Pursuing the aim of her research, she analyses the Hindu tradition to find sources that define the role of women; studies the actions taken by the Indian government in order to be able to assess the relevance and effectiveness of the state's policy; interprets data reflecting the everyday life of Indian women to show that the problem is not only theoretical, but requires a specific response, which postulates in the conclusions.

The 42nd Amendment to the Indian Constitution[1] heralded India as a "Sovereign, Socialist, Secular Democratic Republic". This initiated a constitutional narrative that has sparked ongoing debates and scrutiny regarding the true essence of India's secularism. As the nation approaches the 2024 general elections, the ruling party has discussed the potential implementation of the Uniform Civil Code at the forefront of political discourse. Currently, numerous areas of civil law are regulated by personal laws, encompassing Hindu, Muslim, Christian, and Parsi Law. Notably, communities like Sikhs, Jainas, Buddhists, Dalits, Scheduled Castes, and tribes are categorised as Hindus under the Hindu Personal Laws[2]. The adoption of the Uniform Civil Code is intrinsically linked to the rejection of these personal laws. This raises several questions and contradictions relating to the state of multireligious secular India and its dynamics with the women’s rights movement. The introduction of a Uniform Civil Code limits the nature of legal pluralism in India and can hinder the governance of tribal societies through customary laws. Under the scope of this commentary, the authors discuss the legal pluralism in India and the impact of the introduction of a uniform civil code on customary laws of tribes placing special emphasis on the inheritance rights of tribal women. The paper also discusses the approach of the higher courts in securing property rights for tribal women in the absence of such a   code.

Nowadays, the prevailing views in society regarding the improper practices of real estate developers have led to the formation of a negative perception of this professional group. The necessity to write the following work arose from the fact that most representatives of the doctrine, or scientific authors focus in their considerations on strengthening the protection of the purchaser of premises as the weaker party. Even the legislator himself did not hide his assumptions when creating the law and giving it the title "Law on the Protection of the Rights of the Purchaser of a Dwelling or Single-Family House". In the author's opinion, it is necessary to ensure the protection of each of the parties to the development contract and to create a study to draw attention to the lawful ways of pursuing claims in the cases of improper behavior on the part of the purchaser. The work will address issues related to the developer's ability to apply the rebus sic stantibusclause and the contractual right of withdrawal. The attention will also be paid to the limits and possible consequences of not applying the principle of pacta sunt servanda, which is still known from Roman times.

In addition to the right to growth and development, every child is entitled to protection against violence and discrimination. Three rights should be bestowed upon children. In this context, the right to survival entails attaining self-sufficiency from childhood to adulthood. The entitlement to mature and progress. Individuals have the right to protection against violence and discrimination, which entails being free from unkind or unjust treatment and being subjected to appropriate treatment. The objective of this research is to assess the impact on the daily lives of children in Sidenreng Rappang regency who are exploited as delivery personnel for the illegal trade of narcotics. The interview questions pertaining to drug usage in this study were guided by the observational approach. Because they are not deserving of it, children should not be expected to bear the same level of responsibility as adults with regard to criminal and civil matters. In contrast, children represent the nation's most valuable resource and its future. The rehabilitation of drug users under the jurisdiction of the law narcotics should be reevaluated, as it not only imposes a significant financial burden on the state but is also frequently misconstrued in the policy of law enforcement.

The scientific goal of this article is to present the impact of state policy on civilians' access to weapons in the context of the war in Ukraine and the Covid-19 pandemic. In the context of the above-outlined research goal, the article examines all currently possible forms of access for civilians to weapons in the Republic of Poland: sports, hunting, collecting, personal protection, protection of persons and property, historical reconstructions, commemorative, training and others. The research used dogmatic, comparative, analytical and historical methods as well as the method of literary criticism. The argument process included, in the first part, the analysis of statistical data from the Police Headquarters regarding civilians' access to weapons. Then, the shortcomings of the current law were indicated and de lege ferenda proposals for the most urgent and necessary legislative changes were indicated. The need for urgent statutory and administrative changes in the scope of currently applicable law was pointed out, with particular emphasis on adapting it to EU directives. It was recommended that there be an urgent need to introduce an electronic system for collecting and analyzing data on weapons permits, required by the EU directive; the need to adapt the categories of weapons contained in the EU directive to the UoBiA; moving away from 'to-target' permits to four levels of permits and a departure from specifying the number and type of weapons in the administrative decision; finally, regulation at the statutory level of the rules for storing weapons, currently regulated by an implementing regulation.

The study contains an analysis of legal matters concerning the Polish Film Institute. In analysing the Institute’s legal status, the authors have focused primarily on the provisions of the Constitution of the Republic of Poland, the Public Finance Act, the Cinematography Act and the Institute’s Statute. The Institute, being a state legal person, is a unit of the public finance sector. The authors examine issues concerning the organisation of the Institute and the tasks it performs.

Because of the full-scale invasion of russia into Ukraine, millions of Ukrainian citizens left for Europe, the significant number of them - for the Republic of Poland. Therefore, in the upcoming Ukrainian elections, the issue of ensuring the active electoral right of Ukrainians living abroad will be relevant.

The article deals with the current legal issues of law enforcement agencies’ cooperation during the criminal proceedings on election offenses committed during Ukrainian elections on the territory of the Republic of Poland. 

The focus of the article is on the most problematic situations, when the election criminal offense is committed outside the territory of a diplomatic institution of Ukraine. Legal regulation gaps have been noted as well as issues that need to be additionally regulated in the agreement between Ukraine and the Republic of Poland on cooperation in the organization and conduct of Ukrainian elections in order to prevent and counter election offenses.

The authors focused on the elements of the definition of crime of genocide on the example of the Holodomor and Russian military aggression against Ukraine. Article presents  the relation between the concept of genocide and its definition established in the Rome Statute of the International Criminal Court. However, the main aim of the article is to indicate particular similarities between actions of Stalin’s regime against Ukrainian nation during the Holodomor genocide and recent actions within Russian military aggression against Ukraine that are supported by genocidal propaganda and therefore, along with other aspects,  constitute a crime of genocide.

A momentous role in the process of state leadership and management is played by decisions. Contemporary literature emphasises the importance of administrative decisions, examines their essence and function, and locates them against the background of the constitutional principles governing a democratic state under the rule of law. Carl Schmitt's writings contain original reflections on political decisions, to which the author gives legal value. He regards them as sources of law superior to norms. He thus modifies the theory of decisionism. According to Schmitt, in states that have never existed before (German Ausnahmezustand - states of exception, unique states), norms do not fulfil their function. Therefore, in states of special emergency, there must be an institution to protect the constitutional and state order. The instrument to be used then is a political decision.

The article is devoted to the criminal law assessment of suicide attempts. The author, using the crime model, analyzes suicide attempts in terms of whether such behavior fulfills the premises of a crime. He proves that the behavior of a would-be suicide is an act within the meaning of criminal law, which fulfills the features of the crime of attempted homicide. Due to the intentional violation of the inalienable legal interest, which is human life in the Polish legal system, in a manner contrary to the rules of dealing with this interest accepted in society, the degree of social harmfulness of an attempted suicide will usually exceed the threshold of insignificance. Attempted suicide, however, is not a crime, because no guilt can be attributed to the would-be suicide at the time of his act due to the abnormal motivational situation in which he found himself. Despite this, his act is unlawful, and therefore people saving a suicide and thus violating his legal interests, act legally, using the justifications of  necessary defense. In the author's opinion, the lack of the right to suicide with simultaneous violations of the criminal law protection of life (e.g. necessary defense, allowed abortion or freedom from compulsory treatment) proves the inconsistency of the Polish legal system.

Crime prevention among students of secondary vocational schools is a key challenge for the education system in Slovakia. This paper focuses on analysing the effectiveness of various prevention programmes that have been implemented to reduce juvenile delinquency in these schools. The comparative study focuses on the effectiveness of different approaches using both criminological and pedagogical methods. The effort is to identify which programmes and strategies are the most successful and can serve as models for other schools and institutions. Research is based on data obtained from police statistics, questionnaire surveys, and expert analyses, which allows deep insight into the issue and contributes to a better understanding and solution of juvenile delinquency in the secondary school environment.

Досліджено досвід Естонії у запобіганні та боротьбі з корупцією. Метою дослідження є розробка системи факторів, які вплинули/впливають на антикорупційні процеси в Естонії. Визначено фактори, які сприяли/сприяють прогресу в боротьбі з корупцією, і фактори, які перешкоджають досягненню Естонією нульового рівня корупції. Визначено особливості антикорупційних реформ в Естонії на інституційному рівні. Методологічною основою дослідження є неоінституціоналізм та аксіологічний аналіз, синтез яких дозволив побудувати систему факторів двох типів: (1) тих, що сприяли/сприяють антикорупційному прогресу Естонії; (2) ті, що перешкоджають просуванню Естонії до нульової корупції. До конструктивних чинників належать: історично сформована ідентифікація Естонії та естонців із Заходом; активне усунення від влади представників колишньої радянської еліти; велика політична воля естонської еліти до проведення реформ; належне використання вікна можливостей; підготовка до вступу та членства в ЄС; цифровізація держави та суспільства тощо. До деструктивних факторів відносяться: пріоритетність інституційних реформ при невеликій увазі до зміцнення антикорупційних цінностей громадян; зовнішні впливи; тісні зв'язки між політичними партіями та бізнесом; прогалини в законодавстві; недоліки кримінально-процесуального законодавства; неналежний державний захист викривачів та низький рівень суспільної підтримки діяльності викривачів; невідповідність бізнесу етичним нормам конкурентного середовища тощо.

This article presents a problem related to the interpretation of the provisions of the Spatial Planning and Development Act regarding the possibility of locating Renewable Energy Sources Installation on the basis of a decision on building conditions. The key issue in this regard is to answer the question whether the establishment of building conditions for a project involving the location of a Renewable Energy Sources installation with an installed capacity of more than 500 kW and free-standing photovoltaic devices with an installed electrical capacity of more than 1000 kW, located on agricultural land of classes V, VI, VIz and wasteland, is or is not possible. If it is, whether it depends on the existence of appropriate arrangements adopted in the Balancing land for development in the municipality’s structure plan? The conducted analysis give grounds to conclude that it is possible to establish, by means of a decision on building conditions, determine the location of a Renewable Energy Sources installation, regardless of the arrangements adopted in the Balancing land for development in the municipality’s structure plan and the capacity of this installation.

The paper presents the organizational and subjective model of military disciplinary proceedings. The article analyzes the interiorization and exteriorization stages of the process. In this study, the author also examines the submodel of the office based on the disciplinary authority exercised by internal entities called disciplinary superiors.

By abolishing the science of administration as a separate scientific discipline within the field of legal sciences, the legislator has undermined the legitimacy of the hitherto very rich research perspective on the various and heterogeneous conditions in which public administration functions. After the reform, everything that is not covered by the scope of administrative law was assigned to the newly created science of politics and administration. As a consequence of this division, there is a danger of the existence of 'undeveloped research areas', to which, in the author's opinion, the issue of the relationship between politics and law can be included. This is because, for lawyers, there is a temptation to overlook phenomena in public administration showing links with politics, which at the same time are devoid of direct references to administrative law, as these should be dealt with by researchers within the science of politics and administration. On the other hand, one should be aware that the analysis of research conducted so far in political science shows a notorious tendency to marginalise the legal threads that condition the functioning of public administration. This study is another voice in the discussion on the restoration of the science of administration as a separate scientific discipline.

The aim of this study is a comparative analysis of the legal regulations that established public tributes in Poland and Ukraine and the doctrine of tax and public law, and an attempt to define the concept of public tributes. The aim of this study was to examine the approach of the legislator, in particular on the grounds of the Constitution, to the issue related to public tributes. Determining the difficulties and growth of public levies in Poland and Ukraine was especially crucial. The analyses conducted for this study should support the idea that a systemic definition of public tributes is needed. It should be noted that currently there are no recent comparative studies on public contributions in Poland and Ukraine.

Our analysis showed that public tributes constitute a category of benefits of public character whose collection is anchored in constitutional norms. Historically, public tributes have evolved from personal, in-kind tributes to the tributes most useful nowadays—monetary ones. The generally accepted principle of the division of public tributes into payable and non-payable ones is accepted by the authors and the aforementioned division is characteristic of both the Polish and Ukrainian legal systems. It should be noted that the different views on the division of public tributes are present, such an example being the division suggested by B.Gryziak, who proposes to divide public tributes into three categories: payable, unpaid and hybrid tributes.

It should be noted that the analysis made allowed us to present the general concept of public tributes in the Polish and Ukrainian legal systems. Such systemic analysis led us to the clear conclusion that public tributes in Poland and Ukraine are part of public law. Therefore, the introduction of public tributes or any change therein can only take place on a constitutional basis. Our detailed analysis of the Ukrainian legislation led us to the thought that the collective concept of public tributes is unknown to the Ukrainian legislature and that the equivalent of the Polish concept of public tribute in Ukrainian is державні збори. We found that державні збори is a collection of all tax revenues, in contrast to the Polish notion of public tributes, under which term the legislature, in a sense, standardised the groups that will be included in the category of tributes. Consequently, it can be concluded that while in the Polish system, this concept appears in the provisions of the Constitution, the Ukrainian legislature did not order this terminologically at the constitutional level but left it to the ordinary legislature. According to the authors, creating a system definition of public levies based on the characteristics rather than the categories of individual benefits would remedy the ills that exist in the functioning systems in both Poland and Ukraine.

This article is the first part of the topic on the position of women in the judicial process in Poland and Germany It  examines the legal position of women in court in Polish and German legal history from the 16th to the 20th century. It differentiates between criminal proceedings and civil proceedings, unmarried and married women as well as merchant women, and between land law, town law and village law in Poland and ius commune, particular and local rights in Germany. While women were treated similarly to men in criminal proceedings early on the 16th century, there were major differences in civil proceedings. In both Poland and Germany, the unequal treatment of men and unmarried women ended around 1800 by European codifications. In contrast, married women had to wait until the 20th century for equal rights, even in court.