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Volume 56, No. 3Prawo i Więź nr 3 (56) 2025

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

Published 30 June 2025

Full Issue

Articles

  1. Legal Assessment of Bias and Discrimination of AI Toolsin Higher Education and Research

    The use of artificial intelligence (AI) tools in higher education has become increasingly important because of the time and effort savings and the speed of information transfer. However, many ethical and legal challenges make their use in this field a complex issue. Problems such as bias and discrimination that arise from AI Tools require the establishment of a legal system capable of controlling their use in an optimal manner. However, the legal regulation of the use of AI Tools in higher education, especially in the fields of research and data analysis, does not reach the required level. Although many countries have begun to use these tools in higher education and scientific research, the legal framework is still not at the required level. This research attempts to explore the legal and ethical challenges of using AI in higher education and scientific research with the aim of focusing on the importance of developing a legal framework capable of promoting the use of AI Tools in the scientific and educational sectors. The paper highlights the most important relevant laws in technologically advanced countries in general to measure the extent to which they are reflected in reality.

  2. Prosecutor’s Office in Contemporary Poland: A Quest for Independence …amid Political Tensions

    The Public Prosecutor’s Office is a state body charged with the prosecution of criminal offences. By its very nature, it is situated “between” the executive and the judiciary. The proper legal status of the Prosecutor’s Office should guarantee its effectiveness and resistance to political pressure. Over the last three decades, Poland has seen a series of reforms of the prosecution service. Formally, they were intended to ensure the implementation of the above-mentioned values, but in practice they were conditioned by the current interests of the ruling parties. The following paper discusses the main problems of these reforms, highlighting such phenomena as the legislator’s desire to break with the prosecutorial model inherited from the communist period and the lack of a clear vision of the model to be introduced. The paper critically analyses the content of these reforms as well as the views of Polish legal scholars, pointing out some mistakes in the process of formulating problems and searching for their solutions.

  3. Cost-Benefit Analysis of Financial Legislation Changes in Kosovo: A Comparative Legal and Economic Approach

    This research provides a legal and empirical examination of changes to Kosovo’s financial legislation utilizing a cost-benefit framework. Focusing on the consequences of legal reforms to VAT Law, CIT Law and banking regulations, it considers these changes from a broader macroeconomic and institutional perspective. Kosovo’s ongoing process of integration and harmonization with the European Union (EU) financial legislation necessitates addressing the issue of how these new legislative changes will impact its national development in terms of social and economic effects. The originality of the research lies in the application of mixed methodology that incorporates quantitative economic analysis with a comparative legal analysis of the benefits and costs of legislative changes. Despite the research context being at a national level, it presents valuable information that can help inform better alignment with the EU directives. The analysis sill be useful for policymakers and stakeholders in Kosovo as well as in other developing countries dealing with similar legislative changes. The findings provide evidence-based analysis of financial legislation reforms that may meaningfully impact large-scale and long-term policy initiatives framed in the context of ongoing sustainable economic development.

  4. Dignity of Plants and Animals – Legal Protection from the Perspective of the Ethics of Values: -

    The paper discusses the innovative concept of the dignity of plants and animals functioning on the ground of Swiss law. The considerations are based on Art. 120 Abs. 2 BV 1999 of the Federal Constitution of the Swiss Confederation. The dogmatic-legal method was used during the analysis. Whereas, the regulations come from a different legal and socio-cultural circle, the comparative method has also been applied. Taking into account that the genesis of the dignity of animals and plants are values resulting from nature, the basis of the formulated postulate refers to the common existential roots of man and the natural world. In the course of the argument, it will be shown that the concept of the dignity of plants and animals is neither in competition with nor an alternative to human dignity

  5. Can Energy Law Affect Family Law Relations? Comments on the Background of Selected Polish and EU Regulations Regarding the So-Called Energy Crisis

    At present, the interaction between the different branches of law is quite evident in legal transactions. This phenomenon can be observed at various levels, although for business practice the interrelationship between the rules of administrative law and civil law appears to be particularly significant. Understanding the interplay between the legal rules of the different branches of law is of paramount importance for the correct creation and application of law. This is due to the fact that, in the circumstances of a particular case, the implementation of the norms belonging to one branch of law may be indirectly affected by the norms of another branch. This raises the question of whether the aforementioned correlation can also occur between the norms of energy law and family law. This question is particularly important as the economic system in Poland (including households) is currently still struggling with the effects of the so-called energy crisis, first associated with the COVID-19 pandemic and now with the war in Ukraine. Therefore, it is only necessary to mention here that due to the disruption of the existing global fuel and energy supply chains, there has been a very significant increase in the prices of the aforementioned resources on the market (especially in the case of electricity prices). Therefore, the purpose of this paper is to try to assess whether energy law regulations can affect family law relations. The general idea is to contribute to the creation of an appropriate model for the creation and application of legal norms in order to better realise the functions of both branches of law: family law and energy law.

  6. Models of Polish Legal Education during World War II – the Swiss Example

    The history of the teaching of Polish law during World War II is a multifaceted and complex phenomenon. On the map of ‘wartime’ universities, the camps for interned soldiers of the 2nd Infantry Rifle Division became important centres. It was there that, in agreement with the University of Freiburg, as well as the University of Zurich, the opportunity to study law was created for Poles between the years 1940 and 1945. The aim of this text is to analyse the surviving curricula of the two centres and to indicate the differences that existed between them. This information is analysed in the context of the objectives that guided the organisers of legal studies for Polish soldiers with a view to showing their realisation of the project, as well as the evolution of the original intentions.

  7. Water Pollution Charges in France and Poland. A comparative analysis

    This paper is one element of a broader comparative study of fees related to environmental law. The subject of the analysis was limited to a specific type of fees, i.e. those related to water pollution in France and Poland. Such a selection of countries for comparative analysis made it possible to highlight certain differences in the scope of the discussion, which may prove to be an incentive, especially from the point of view of the Polish legislator, to reflect on possible legislative changes. The comparative method, which allows the analysis of the law in a broader aspect than just the national one, also made it possible to draw conclusions on the possible directions of changes in the general nature of the fees collected by environmental protection authorities at the national level

  8. Recovering Ponzi Scheme Losses and Integrating Victim Impact Statement in Indonesia’s Criminal Justice System

    The protection of victims’ rights within Indonesia’s criminal justice system remains inadequate, particularly in complex financial crimes such as Ponzi schemes. Despite the legal framework established by Law No. 31 of 2014 on Witness and Victim Protection (UU PSK), victims often struggle to recover their losses due to systemic weaknesses, limited enforcement, and regulatory inconsistencies. Cases like the Budi Hermanto gold investment fraud and the Binomo investment scam illustrate the failure of asset confiscation and restitution mechanisms, leaving victims without proper compensation. This study aims to analyze the role of the Public Prosecutor in victim loss recovery, evaluate restitution and compensation mechanisms, and identify key legal obstacles to effective victim protection. A significant recommendation is the implementation of the Victim Impact Statement (VIS), which would allow victims to convey the emotional and financial effects of crimes in court, potentially influencing judicial decisions and improving the fairness of rulings. A comparative analysis with legal frameworks in the United States and Hungary highlights Indonesia’s lagging victim compensation policies. The study concludes that strengthening prosecutorial involvement, refining restitution regulations, and integrating the VIS into judicial proceedings could significantly enhance victim rights and financial recovery. Such reforms are essential to ensure that justice is served to both perpetrators and victims, prioritising their restitution and protection.

  9. Administrative Procedures in the Field of Verification of Geodetic and Cartographic Works. Selected Issues

    The main purpose of the study is to present the relations between the public administration bodies performing the state tasks in the field of geodesy and cartography and the entities entitled to perform geodetic and cartographic works. The study focuses on the relations between the administrative body and the subject that applies for geodetic works to be carried out within the framework of the administrative proceedings of the court of law, thus excluding the issues related to the judicial control of the decisions taken. A dogmatic method is used in this work, which consists in analysing the legal norms in force, taking into account the jurisprudence of the administrative courts.

  10. Filing Timelines in Cross-Border Insolvency Proceedings Across Jurisdictions: A Comparative Study

    This study examines the timing of foreign insolvency filings in five jurisdictions: the United States of America, Australia, the European Union, the United Kingdom, and Singapore, which collectively experience a significant volume of cases worldwide. The current United Nations Commission on International Trade Law (UNCITRAL) Cross-Border Insolvency (CBI) law, established under the UNCITRAL, does not adequately implement the timing protocol under the determination of the Centre of Main Interests (COMI). The study addresses inconsistencies in applying the timing protocol, focusing on its uniformity, recognition standards, and relief measures through comparative analysis.

  11. Special Territorial Division vs. Special Area Abstract

    here is no legal definition in administrative law for the terms „special territorial division” and „special area”. These terms are also not a legal term according to the current legislation. Using the existing achievements of administrative law doctrine, in particular those relevant to the current normative reality, it is possible to develop definitions of these semantically distinct concepts. Territorial divisions, including special territorial divisions, fall within the scope of political-organisational administrative law, as special territorial divisions are created primarily to define the territorial scope of action of non-integrated state administration or other territorial organisational units of administrative entities. A special territory, on the other hand, is a legal institution of substantive administrative law, the essence of which lies primarily in the relationship of an isolated specific space to a special legal regime that limits or extends the existing general legal order.

  12. Legal Conditions of Mediation in the Light of the Act on the Medical Chamber of Activities

    In the Act of 2 December 2009 on medical chambers, the legislator separated the mediation procedure. This is an institution of mediation, which includes applications within the scope of the physician’s responsibilities. The procedure is initiated as a result of the physician’s failure to perform or improper application. It is a form of control which includes legal consequences related to crime. Disciplinary proceedings are a form of liability for violating a person’s membership of an independent group. In such proceedings, the mediator is only a physician who has been designated as a trustworthy person as part of medical control. However, as mediation proceedings should be conducted by an impartial and neutral person in accordance with the principles appropriate to this institution, normative solutions concerning the application of the Act on legal chambers should be included in this scope.

  13. Responsibility as a Key Guarantee and a Special Role in the Practice of the Profession of an Attorney-at Law in Polish Law: Selected Issue

    The paper discusses the crucial role of professional self-governments in ensuring that attorneys do so properly, highlighting the significance of “public interest” in regulating and guiding their oversight in Polish law. This concept of the public interest serves a dual purpose: it sets the boundaries of supervision and defines the objectives of such supervision. The public corporation model is closely linked to this dual aspect of the public interest, resulting in the delegation of specific public tasks to professional self-governments. Focusing on the legal profession in Poland, the text looks at how it is held accountable for its actions.

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  14. Blind People at Cinema? Legal Challenges of Popularising Audio Description of Films in Poland

    This paper presents the legal aspects of the popularisation of audio description as a film adaptation (or, more precisely, the translation of its visual layer into a verbal one), which enables blind and visually impaired people to have access to cinematic art. The author analyses the legal definitions of audio description in Polish law, briefly describes the use of audio description in cinemas, and presents the copyright aspects of the issue. The elaboration of the issue of recognition of audio description as a dependent work and the requirements for the legal licence according to Art. 331 of the Polish Copyright and Related Rights Act. Finally, the author discusses the unsuccessful attempt to amend the Polish Cinematography Act in the field of audio description and proposes a return to the discontinued work.

  15. A Hearing Conducted in the Presence of a Facility Dog in Criminal Proceedings: An Effective Means of Supporting Vulnerable Victimsand Witnesses or a Threat to the Interests of the Accused and the Well-Being of the Dog?

    For decades, national, international, and supranational legislators have shown interest in fighting for the rights of victims and witnesses in criminal proceedings, as reflected in numerous legal acts. Nevertheless, the need to find solutions that duly protect the interests of victims and witnesses while upholding the defendant's right to a fair trial remains relevant. For this reason, this article examines hearings conducted with the assistance of a facility dog as a means of supporting vulnerable victims and witnesses. This method, which is not part of the Polish criminal process, has been used for many years in other countries, particularly in the USA. Given this context, it was deemed advisable to conduct a detailed analysis and assess whether its inclusion in Polish criminal proceedings would be justified.

  16. The Principle of the Financial Independence of the European Central Bank

    The paper presents the issue of the financial independence of the European Central Bank, which is a fundamental factor for its proper functioning. In the course of the argument, the basic definitions and the means by which it is implemented are synthetically described. The main objective of this article is to answer the question of whether the European Central Bank has guaranteed instruments with sufficient potential to ensure the functioning of the principle of financial independence in practice. The analysis leads to the conclusion that ensuring effective tools guaranteeing financial independence is a prerequisite for the existence of other categories of independence. Therefore, it is crucial to have legal bases that counteract, in particular, the threat associated with the potential involvement of individual Member States’ governments in financing the ECB’s activities. The issue is presented from the perspective of doctrinal views as well as the binding legal framework and the practice of the Bank’s operation

  17. Some Remarks on the Influence of Zoroastrianism on the Formation of Criminal Law Norms During the Sassanid Dynasty (3rd - 7th Century AD)

    This paper presents the basic tenets of the pre-Islamic criminal law that existed in the territory of present-day Iran. The basic principles of the law were derived directly from the state religion of Zoroastrianism and, most importantly, applied to all inhabitants of the area regardless of their religion. As a result, a significant part of the prohibitions and orders referred to moral issues characteristic of the state religion, such as rules for dealing with human corpses or acts of apostasy. The fall of the Sasanid dynasty and the adoption of Islam as the state religion brought an end to most of the legal institutions that referred to Zoroastrianism. However, the impact of these solutions on the Shariah-based legal system is still disputed in academia today.

  18. Implementation of the Principle of Respect for the Minimum Subsistence Level in the Example of the Attachment of Receivables from a Bank Account in Administrative Enforcement Proceedings

    The aim of the paper is to show the method of implementation of the principle of respect for the minimum subsistence level in the application of an enforcement measure in the form of attachment of receivables from a bank account in administrative enforcement proceedings. The study began with a characterization of the principle of respect for the minimum subsistence level. Next, the institution of the so-called enforcement privilege was analysed. Issues causing divergences in interpretation were also discussed. In this respect, the focus was on the assessment of the admissibility of applying restrictions on the enforcement of other monetary receivables in the case of enforcement from a bank account, the problem of identifying and examining the origin of funds held in a bank account and indicating the entity bearing the burden of excluding funds from the bank account from enforcement. In this paper, the formal-dogmatic method of working on the issue of enforcement of a bank account. The analysis includes questionable issues both within the theoretical and practical field as well as recent doctrinal and judicial achievements.

  19. Family Foundation in Poland in the Light of its Responsibility for the Founder’s Obligations: Introductory Comments in the Context of the Act of 26 January 2023

    Introduction of a new institution into the Polish legal system, i.e. a family foundation, following the example of foreign legislation, can be considered as a nod of the legislator towards maintaining the continuity of family assets, building the position of the family from generation to generation, and maintaining multi-generational assets. In this direction, the founder’s achievements are to be accumulated in a family foundation established by him, the beneficiaries of which are, by assumption, people belonging to the founder’s family. It seems, however, as the author will try to demonstrate, that not all the regulations contained in this still new act have been thought through by the legislator, which in practice may give rise to a number of complications. The author focused on an extremely important part of the act relating to the issue of the family foundation’s liability for the founder’s obligations. This topic is important because the scope of the foundation is limited to the amount of assets contributed by the founder, but it applies to all due and undue liabilities. Since a family foundation is supposed to provide security for its beneficiaries, especially in terms of maintenance and education, the funds for this purpose must be adequately secured. Perhaps the minimum value of property contributed by the founder to the foundation, set at PLN 100,000.00, is intended to provide this security. However, if we pay attention to the basic goals of the foundation, firstly, this amount is not high, although on the other hand it may be an obstacle to overcome for some potential founders, and if we add the responsibility for the founder’s debts, it may quickly turn out that that the idea of a foundation cannot be implemented in a specific case. Perhaps it would be worth it, at the stage of creating regulations, to oblige the founder to submit a financial report to the founding act, which would clearly indicate the financial condition, which would in turn allow for a greater chance of achieving the main goal set by the legislator.

  20. The Vision of Tyranny in Aristotle's Thought

    The paper presents an analysis of tyranny in Aristotle’s thought, presenting it as a form of government based on despotism and the self-interest of the ruler at the expense of the common good. The philosopher contrasts tyranny with a just monarchy, emphasizing its instability and negative impact on the state and society. The article discusses the origins of tyranny, its mechanisms for maintaining power, and the causes of its downfall. It also highlights the influence of ethics on tyranny in the context of Aristotle’s concept of the ideal state.