Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan <p>„Teka Komisji Prawniczej PAN Oddział w Lublinie” (eng. Teka Commission of Legal Sciences Polish Academy of Sciences Branch in Lublin) is a semi-annual periodical published in English by the Association of Alumni and Friends of the Faculty of Law of the Catholic University of Lublin (Stowarzyszenie Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego). Our periodic publishes research papers addressing legal sciences and canon law. The subject of the articles refers to both present legal and socio-economic phenomena, as well as their historical and legal analysis. The journal is on the ministerial list of scoring journals (100 points). We only publish original articles that meet the criterion of a high scholarly level. The Editorial Board respects the ethical principles developed by the Committee on Publication Ethics (COPE).</p> en-US kkpp@kul.pl (Agnieszka Romanko) robert.krynski@academicon.pl (Robert Kryński) Sat, 31 Dec 2022 00:00:00 +0100 OJS http://blogs.law.harvard.edu/tech/rss 60 Reflections on Religious Freedom and Security in Europe – 2019 OSCE Guidelines https://ojs.academicon.pl/tkppan/article/view/4618 <p>Freedom of thought, conscience and religion as one of the fundamental freedoms and human rights, the source of which is inherent, inalienable and inviolable human dignity, is guaranteed in addition to the provisions of international law also in documents issued by the Conference/Organization for Security and Cooperation in Europe (CSCE/OSCE). They emphasize a clear link between religious freedom and the need to ensure security. Of special importance to this issue are the political guidelines: Freedom of Religion or Belief and Security: Policy Guidance, which are entirely devoted to this subject in accordance with the concept of comprehensive security. The document formulates guiding principles, practical tips and recommendations on many important issues related to freedom of religion or belief and security in the OSCE region. In the study, the content of the indicated document was analyzed and an attempt was made to evaluate it. This allows for the conclusion that ensuring religious freedom is an important element in ensuring security.</p> Aneta Abramowicz Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4618 Sat, 31 Dec 2022 00:00:00 +0100 Will the Rail Regulation (EU) 2021/782 Improve Passengers’ Legal Position? https://ojs.academicon.pl/tkppan/article/view/4780 <p>The objective of this paper is to analyse the legal position of train passengers to whom provisions of Regulation (EU) 2021/782 of the European Parliament and of the Council on rail passengers’ rights and obligations apply. This regulation will replace Regulation 1371/2007. The article attempts to answer the question whether the provisions of the new regulation truly strengthen the legal situation of passengers, as assumed therein. After an analysis and comparison of prescripts of both of these regulations the author points out that the aim of the new one has not been fully achieved. It is because the new law also introduces such provisions which do not only not improve the degree of protection of passengers, but also definitively weaken this protection. The author also points out the inadequacy of certain measures and formulates relevant <em>de lege ferenda </em>conclusions.</p> Dorota Ambrożuk-Wesołowska Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4780 Sat, 31 Dec 2022 00:00:00 +0100 Indirect Commercialization of Scientific Results by Research Institutes. Selected Issues https://ojs.academicon.pl/tkppan/article/view/4952 <p>The subject of the article is the characterization of the commercialization of the results of scientific activity. The starting point is to point out the Polish specificity of the legal regulation of the conduct of scientific activity and its coherence with the market environment. A special place in this regard is occupied by research institutes. The author presents the legal possibilities of commercialization of the results of scientific activity conducted by research institutes focusing on the so-called indirect commercialization, which he discusses in detail. In addition to procedural issues, the article discusses in detail the prerequisites for commercialization, including in particular the legally defined objectives of its implementation, the regulation of which indicates the specificity of Polish solutions.</p> Rafał Blicharz Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4952 Sat, 31 Dec 2022 00:00:00 +0100 Conflict of Values Subject to Mediation Proceedings https://ojs.academicon.pl/tkppan/article/view/4699 <p>The aim of this study was to reflect scientifically on the possibility of resolving value conflicts through mediation proceedings and on methods of resolving them. First, the relationship between law and values was discussed, stating that law and values form an interconnected system of vessels. When it comes to conflict resolution through mediation, law and values provide a mediator with a normative-axiological framework to communicate with the conflicting parties and assist in creating adequate solutions. A deeper analysis of the nature of value conflicts led to an observation that they are caused by divergent value systems upheld by the people involved, but that the difference in preferred values alone does not necessarily lead to conflict. A factor that is a catalyst for value conflicts is a determined imposition of one's own values on others, without tolerance towards the others’ axiology. The final section of the article emphasises that mediation is a legal and values-based instrument, but at the same time it offers an advantage of minimally formalised proceedings. This is why mediation provides an advantageous space for resolving values conflicts, when led by a professional mediator. Based on the assumption that values are non-negotiable, three possible ways for a mediator to intervene in a values conflict were identified, i.e. avoiding defining the problem in terms of values, seeking an overarching value, reframing the parties' perception of the object of the dispute and of the opposing party through the mediator’s sharing their own experience of values.</p> Włodzimierz Broński Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4699 Sat, 31 Dec 2022 00:00:00 +0100 Germany’s Cybersecurity Policy https://ojs.academicon.pl/tkppan/article/view/4793 <p>The German Federal Republic is one of the states whose state policy in the field of cybersecurity is considered to be coherent and effective. However, even Germany is a country exposed to numerous attacks. Ubiquitous technology in every aspect of our lives, and in addition the COVID-19 pandemic, introducing widespread mobile work and online education, have created even greater threats. By adapting internal legislation, indicating strategic and specific goals, Germany is part of the EU cybersecurity policy in its cybersecurity strategies. Prior to the adoption of the NIS 2 directive, Germany had already created a legal basis that would effectively and efficiently protect German cyberspace. In order to strengthen the effectiveness of their cybersecurity policy, Germany is strengthening cooperation between federal authorities, business, science and strengthening digital sovereignty.</p> Agnieszka Brzostek Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4793 Sat, 31 Dec 2022 00:00:00 +0100 The Principle of Equality before the Law vis-a-vis Social Exclusion https://ojs.academicon.pl/tkppan/article/view/4783 <p>The aim of this study, whose material scope will be determined by the Polish (constitutional), international (human rights-related) and EU legal order, is to refer the principle of equality before the law to the subject matter of social exclusion. The doubt whether this principle provides a normative anchoring for the protection of an individual against social exclusion and to what extent from the perspective of efficiency of this protection a possible reference to the principle of equality before the law is sufficient has been placed in the framework of a research hypothesis. It is because if we recognize, <em>de lege lata</em>, that the formulation (identification) of the right to protection against social exclusion is premature, we must ask a question about programme guarantees of protection against exclusion, and in consequence, whether the principle of equality before the law plays the function of such a guarantor. The settlement of this question was made the research purpose of this study and the author uses the analytical method and the method of interpretation of the law in force in the course of her research.</p> Ewelina Cała-Wacinkiewicz Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4783 Sat, 31 Dec 2022 00:00:00 +0100 Comparative Analysis of the Requirements for Candidates for the Position of a Judge in Ukraine and the Republic of Poland https://ojs.academicon.pl/tkppan/article/view/5125 <p>Qualification requirements for candidates for the position of judges are a system of requirements and conditions for admission to the position of a judge and a kind of guarantor of high-quality justice, high moral and professional level of holders of judicial power. Usually, the system of general requirements for candidates for the position of judge in different states is represented by the criteria of citizenship, higher legal education, minimum or maximum age requirements, practical work experience, high business and professional qualities. The system of special requirements differs in aspects of specialized judicial training or completion of the required internship. In the article, the authors conclude that today it is necessary to improve the system of selection of judicial personnel in Ukraine.</p> Maria Dolynska, Alyona Dutko Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5125 Sat, 31 Dec 2022 00:00:00 +0100 The Issue of Documenting Compliance with the Conditions Required from Economic Operators under the New Approach Adopted in the Public Procurement Law https://ojs.academicon.pl/tkppan/article/view/4829 <p>The objective of this paper is to discuss the issues related to documenting compliance with the conditions required from economic operators as part of public contract award procedures. The paper is also aimed to indirectly pay the readers’ attention to warranting the observance of the equal treatment principle in respect of economic operators and the need to respect the fair competition principle.</p> Mariusz Filipek Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4829 Sat, 31 Dec 2022 00:00:00 +0100 Ways of Reforming the System of Public Finance in Poland as an Implication of the Effects of the Covid-19 Epidemic. Financial and Economic Approach https://ojs.academicon.pl/tkppan/article/view/5126 <p>Public finance management has a very global nature. Here decisions are made that determine everything related to collecting and allocating public means. However, the public finance system need to realize that this level is also highly entangled politically, with political transformations accompanying changes of governments and cooperating party coalitions. This accounts for the fact that some general recommendations are formed, specifying the ways of managing public means. The aim of the article is to identify ways to rationalize the reform of the public finance system in Poland. Induction was used as the main research method. It consists in drawing general conclusions or establishing regularities based on the analysis of empirically established phenomena and processes. The results of the presented content are proposals to optimize financing and management of the public sector in Poland. The main conclusion from the analyzes carried out assumes that the structure of public expenditure in Poland is characterized with high share of expenditure on social care, especially on allowances related to gaining and allowances for the family of a deceased person. Relatively high public expenditure is also allocated to education, mostly on higher education, and national defense. At the other end of the scale, categories which receive relatively little financing in Poland include: healthcare, with particularly low level of investment expenditure, and general state activity (public administration and interests on public debt).</p> Miroslav Gejdoš, Wińczysław Jastrzębski Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5126 Sat, 31 Dec 2022 00:00:00 +0100 The Effects of the Action of Chromium, Aluminum, Nickel and Iron on Human Fibroblast and Stem Cell Cultures https://ojs.academicon.pl/tkppan/article/view/5143 <p>This review is a collection of general information about chromium, aluminum, nickel and iron. We tried to include not only the data about absorption, metabolism, interactions with other elements and the importance of those microelements in the human body but also their toxic and mutagenic effects. Moreover, we examined their effect on human fibroblast and stem cell cultures which may be important due to abuse of supplementation in the population nowadays.</p> Aleksandra Górska, Agnieszka Markiewicz-Gospodarek, Zuzanna Chilimoniuk, Piotr Kuszta, Katarzyna Czarnek Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5143 Sat, 31 Dec 2022 00:00:00 +0100 An Expert in Disciplinary Proceedings in the Police in Poland https://ojs.academicon.pl/tkppan/article/view/4779 <p>Disciplinary proceedings in the Police is a crucial issue given the size of this formation. For this reason, the number of relevant proceedings is also adequate. I will begin this discussion with a presentation of selected issues of disciplinary proceedings in the Police that shed light on this subject matter. The core interest of this study is evidentiary proceedings carried out as part of disciplinary proceedings, and to be more precise, the possibility of taking evidence from an expert witness’s opinion. This issue is largely regulated under the Code of Criminal Procedure. Naturally, there are some problems, e.g. when we talk about the system of verification of expert witnesses’ competences, but this is not subject of the discussion here. The legislator, in the act that regulates the procedure in a disciplinary offence committed by a police officer, did not include a regulation concerning an expert witness and did not refer to the application of another relevant provision either. This is why we are left with a question of what to do if special information must be obtained in the case. Another element of the discussion, after answering the first question, addresses the possibility of suspending the disciplinary proceedings if an opinion of an expert witness is being awaited. Moreover, I also include comments on the possibility of asking the opinion of an expert witness specializing in Polish law. The discussion carried out in this study is only an outline of problems that appear in the practice of conducting disciplinary proceedings.</p> Marta Jasińska Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4779 Sat, 31 Dec 2022 00:00:00 +0100 Conflict of Values in the Licensing Procedure for Broadcasting Radio and Television Programmes in Poland https://ojs.academicon.pl/tkppan/article/view/4884 <p>The issue of the conflict of values in the licensing procedure for broadcasting radio and television programmes is a special case of such a clash in public economic law. The study entitled “Conflict of values in the licensing procedure for broadcasting radio and television programmes in Poland” aimed to conduct analyses to identify the values underlying licensing proceedings for broadcasting radio and television programmes in Poland, examine their potential for conflict and identify ways of resolving disputes arising in this area. The main issue of the article is formulated in the following question: “can the values determining the licensing procedure for broadcasting of radio and television programmes give rise to axiological conflicts, and if so, how should the conflicts be resolved?” The analyses conducted as part of the study led to the conclusion that the Polish broadcasting licensing procedure is determined by a number of values that may clash with one another. The entities responsible for resolving conflicts in practice and specific cases include the National Broadcasting Council and its President at the level of the administrative proceedings and the administrative courts at the level of administrative court proceedings. The settlement is based on the law, which, however, contains a number of general clauses. In order to interpret them correctly and, consequently, fairly resolve the conflict, it is crucial to refer to the fundamental source of all human rights and freedoms, including economic freedom and freedom of expression, paramount in this process – human dignity.</p> Lidia K. Jaskuła Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4884 Sat, 31 Dec 2022 00:00:00 +0100 The Establishment and Administration of Religious Communities in the Austrian Partition after 1855. Analysis of Certain Canonical and Civil Laws https://ojs.academicon.pl/tkppan/article/view/4498 <p>The Concordat of 1855 was preceded by several events that indicated that the situation of religious orders in the Austrian Partition had begun to change gradually. The aforementioned Concordat already stated in its first article that the Church was governed by divine and ecclesiastical (canonical) law and Article XXVIII of the Concordat guaranteed religious orders and congregations full freedom, their own administration in accordance with the monastic constitutions, communal life in accordance with the rule, dependence on the Roman generals and the possibility of establishing new monasteries in dioceses, but with the consent of the bishop after agreement with the civil authorities. This paper will present canonical and civil provisions relating to the formation and administration of religious communities from 1855 onwards. In particular, issues concerning the conditions for admission to a religious order, the effects of the vows taken as well as the rights and duties of religious superiors, the decision to leave a religious order and the provisions concerning the suppression of religious orders will be addressed. Canon law is essentially the provisions of the Council of Trent and the decrees of certain Roman dicasteries, while civil law will be based during the period under discussion on the Concordat, the Austrian Civil Code of 1811 and the Pennal Code of 1852, as amended in 1867.</p> Robert Kantor Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4498 Sat, 31 Dec 2022 00:00:00 +0100 New Possibilities of Operation for Commercial Partnerships and Companies in Internal Relations, Provided for as Part of Regulation of the So-called Anti-crisis Shield https://ojs.academicon.pl/tkppan/article/view/4615 <p>The article synthetically summarizes in a comparative form the new main possibilities for the operation of commercial partnerships and companies in their internal corporate relations (in the area of internal decision-making, including in particular the adoption of resolutions), mainly in the area of introducing or extending the possibilities for using means of distance communication, including electronic means of communication, which were provided for by the legislature directly in the regulations consisting of the so-called anti-crisis shield setting out specific support instruments due to the spread of the SARS-CoV-2 virus causing the COVID-19 pandemic, i.e. in the Act of 31 March 2020 (Journal of Laws item 568), as well as in the Act of 16 April 2020 (Journal of Laws item 695) as well as those resulting from references (to the solutions introduced) set out in applicable legal provisions. Subsequently, certain selected, general and specific doubts as to the manner and scope of regulation of these legal solutions have been pointed out, as well as proposals to modify them, presented in the form of specific proposals <em>de lege ferenda</em> (for the law as it should stand), consisting of a general proposal for a broader, comprehensive and more symmetrical regulation of this matter, primarily in relation to commercial partnerships and companies) according to the comprehensive, optimal theoretical model of its regulation.</p> Grzegorz Kozieł Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4615 Sat, 31 Dec 2022 00:00:00 +0100 Restriction of Legal Capacity in the Slovak Law and Related Court Practice https://ojs.academicon.pl/tkppan/article/view/4648 <p>In the first part of the article, the author makes an excursion into history and gives the reader information about the legal capacity of persons in Slovak legal history. This part includes information about feudal law, the first related codification of 1877, the Czechoslovak Civil Code of 1950, and the Czechoslovak Civil Code of 1964. Further on, the author presents the up-to-date effective regulation encompassed in the Slovak Civil Code and in the procedural act, i.e., the Act on Non-Contentious Civil Procedure. At the center of attention is the abolishment of deprivation of legal capacity, introduced in 2016. The author reasons that this abolition was a response to the caselaw of the European Court of Human Rights and to the UN Convention on the Rights of Persons with Disabilities. Inevitable for this article, were the practice and experiences of The Office of the Commissioner for Persons with Disabilities. From the practical point of view, the most important is the last part of the article, where the author lists some examples of good and bad practices of the Slovak Courts concerning legal capacity. The author deems it necessary to pay attention to this important topic. The improvement of the legal position of adults with disabilities definitely contributes to legal certainty and the rule of law in modern societies. <em>Last but not least, it reflects the degree of social forwardness.</em></p> Ingrid Lanczová Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4648 Sat, 31 Dec 2022 00:00:00 +0100 Instruments Inducing the Cooperation of Members of Organised Criminal Groups with Law Enforcement Authorities in Polish Criminal Law – Article 60(3) and Article 259 of the Polish Criminal Code https://ojs.academicon.pl/tkppan/article/view/4649 <p>The article is devoted to the analysis of instruments used to induce cooperation of members of organised criminal groups with law enforcement authorities. The most important regulations relating to this problem in terms of substantive criminal law are Article 60(3) and Article 259 of the Criminal Code. The article presents selected problems of interpretation of both provisions, the problem of their possible concurrence and also indicates the reasons why particularly Article 259 of the CC, despite the fact that it provides for complete impunity of the perpetrator, is not very often used in practice. This is because the benefits offered by it do not cover, which is fully justified, individual offences committed by an offender who is a member of a criminal group. Attention was also drawn to other criminal law and procedural institutions with similar functions, including in particular the institution of a crown witness.</p> Aneta Michalska-Warias Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4649 Sat, 31 Dec 2022 00:00:00 +0100 Concordia or Consent. Catholics Utrisque Ritus of the Lviv Ecclesiastical Province in the Orbit of Canon Law and Customary Regulations https://ojs.academicon.pl/tkppan/article/view/5127 <p>In the area of the Lviv church province the coexistence of Christians of the Greek and Latin traditions had developed for centuries. After the introduction of the church union in the dioceses of Lviv and Przemyśl at the beginning of the 18th century, the entire Christian population found itself within the Catholic Church. Despite the doctrinal community, Catholics of various rites were subject to different religious customs and functioned according to different calendars. During the widespread nationalisation of the local people on the basis of religious traditions, various national identities emerged, becoming more and more radical and hostile to each other. Hence, on the ecclesiastical level, initiatives appeared to alleviate tensions and introduce order and harmony resulting from Christian teaching. Concordia of 1863 was such an attempt at an agreement, which under the canon law consolidated the established customs that had been present in the religious life of Galicia for centuries.</p> Włodzimierz Osadczy Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5127 Sat, 31 Dec 2022 00:00:00 +0100 Psychological Expertising in Juvenile Delinquency Cases in Poland: Principles for Evaluation of Psychological Opinion https://ojs.academicon.pl/tkppan/article/view/5128 <p>In the article analysed the practice of obtaining opinions of expert psychologist in juvenile delinquency cases. The choice of types of cases is premeditated, and is based on their specific character. Juvenile delinquency cases are special in terms of their subjects (children and adolescence) and aims to be achieved (the welfare of the child/adolescence). Forensic psychology expertise plays a significant part in arriving at a court ruling. Therefore, it is important to raise the quality of diagnostic procedures, expertise activities, and to establish evaluation standards for evidence from psychological expertise. The presentation of proposed psychological expertise standards should take a form of guidelines and recommendations to be met by the experts, and serve as an aid to expertise evaluation performed by courts. To reach these goals, we gathered and analyzed court records of juvenile cases in six districts (<em>N</em> = 253). The results of the research are related to a) the analysis of the methodological and diagnostic procedures used by experts in the process of psychological evaluation in juvenile cases and b) the formulation of principles for evaluating the evidence of psychological opinions for trial authorities. The research project indicates the practice of psychological experts by the court, the diagnostic procedure and the method of formulating psychological opinions. The analysis of the material showed, first of all, the diversity of the diagnostic and opinion practices of psychologists, thus confirming the lack of procedures standardizing the process of psychological evaluation. The variety of assessment tools, and method, and areas of diagnosis make difficulties in assessing of the evidentiary value of psychological-court opinions. The lack of principle for assessing level of opinions’ quality may promote the practice of so-called junk science.</p> Danuta Rode, Magdalena Rode, Joanna Kabzińska, Ewa Habzda-Siwek, Iwona Niewiadomska Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5128 Sat, 31 Dec 2022 00:00:00 +0100 Selected Medical and Legal Problems of a Surgeon’s Assistant as a New Speciality in the Polish Healthcare System https://ojs.academicon.pl/tkppan/article/view/5129 <p>On 26 November 2021, a new speciality concerning surgical physician assistance (Polish: <em>chirurgiczna asysta lekarza</em>) was introduced in a regulation of the Polish Minister of Health. The term ‘surgeon’s assistant’ refers to an independent healthcare professional authorised to perform certain medical and surgical procedures under the supervision of a specialist surgeon. Undoubtedly, the successful introduction of this new speciality depends primarily on the appropriate training process. Then, it will be necessary to change the internal procedures existing at medical facilities, to ensure that the work of surgeon’s assistants is organised properly and enables their effective cooperation with other qualified practitioners. The introduction of a new speciality is a great challenge for hospitals, surgeons and society in general. It requires taking many additional legal and organisational measures by hospitals as well as at the national level.</p> Robert Sitarz, Rafał Poździk Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5129 Sat, 31 Dec 2022 00:00:00 +0100 Statement of the Polish Episcopal Conference and Polish Bishops on the Covid-19 Pandemic. An Outline https://ojs.academicon.pl/tkppan/article/view/5172 <p>Under canon law, both the Holy See, the Polish Episcopal Conference as well as individual diocesan bishops, issued many appeals, guidelines, decrees and dispensations in which they adhered to the safety rules introduced by the Polish government during the pandemic. The article discusses the statements of competent ecclesiastical authorities concerning the pandemic circumstances.</p> Mirosław Sitarz Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5172 Sat, 31 Dec 2022 00:00:00 +0100 The Influence of Covid-19 on the Activities of Law Firms https://ojs.academicon.pl/tkppan/article/view/4482 <p>The subject of this study is the analysis of the functioning of law firms during the Covid-19 pandemic. The lockdown introduced by the legislator resulted in the closure or limitation of the functioning of public administration bodies, including courts and related institutions, especially law firms (advocates or legal advisers). As a consequence, law firms significantly limited their activities and, moreover, were forced to equip their offices with ICT tools allowing for remote work and IT training for their employees. As a consequence, law firms experienced a drop in income, which was confirmed by the results of a survey conducted by the Supreme Bar Council. However, positive aspects of the changes caused by the pandemic should also be noted, including introducing flexible forms of work, greater use of ICT tools.</p> Bronisław Sitek Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4482 Sat, 31 Dec 2022 00:00:00 +0100 Strengthening the Effectiveness of the Corporate Compliance System in a Group of Companies – after the Amendment of the Code of Commercial Companies in 2022 https://ojs.academicon.pl/tkppan/article/view/5130 <p>The aim of the article is to discuss the changes adopted in the Code of Commercial Companies in 2022, which are the most significant since its adoption, i.e., since 2000. The changes not only regulated the functioning of the group of companies, but also made it possible to establish a corporate compliance system in the group of companies, aimed at strengthening the effectiveness of counteracting many negative phenomena, including corruption. The publication is another part of the Authors’ research in the area of compliance and corporate governance, the results of which were partially used in the work of the Corporate Governance Reform Committee introducing the abovementioned changes to the Code of Commercial Companies. Finally, the publication also presents the theoretical and practical aspects of establishing a corporate compliance system in a group of companies.</p> Sebastian Skuza, Robert Lizak Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5130 Sat, 31 Dec 2022 00:00:00 +0100 Children’s Rights in the Digital Environment Under the Convention on the Rights of the Child https://ojs.academicon.pl/tkppan/article/view/4794 <p>The aim of this paper is to explain, based on the 1989 Convention on the Rights of the Child and its General Comment No. 25, how States Parties should implement the Convention in relation to the digital environment and provide guidance on appropriate legal, policy and other measures to ensure full compliance with their obligations under the Convention and its Optional Protocols in view of the opportunities, threats and challenges of promoting, respecting, protecting and fulfilling all children’s rights in the virtual environment. The author points out the current main threats in the execution of children’s rights in the digital environment and the challenges faced in this regard by the state authority, governmental and non-governmental organizations and the private sector.</p> Dawid Stadniczeńko Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4794 Sat, 31 Dec 2022 00:00:00 +0100 The World of Values in the Age of Liquid Modernity (Crisis of Humanity) https://ojs.academicon.pl/tkppan/article/view/5131 <p>The author, presenting his reflections on the world of human values in the era of fluid modernity, points at the crisis of humanity. He emphasizes that we all bear responsibility for the current reality, because it is not only a legal category but also a moral, religious and political one. However, the basic understanding of responsibility has a clear ethical tinge. Ideologists call for building a new, free world, a world devoid of old values, moral principles, cultural and political rules – negating Christian humanism and its forms. The ideologists create different visions of man questioning the essence of humanity. The battle for truth and our identity continues. Living in the world of: post-truth, post-humanism, post-secularism, post-democracy, post-politics, post-modernity, information society, a reality is being created where the values expressed in the psychological and spiritual construction of man should be preserved.</p> Stanisław Leszek Stadniczeńko Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5131 Sat, 31 Dec 2022 00:00:00 +0100 Heated Tobacco as a Novelty Tobacco Product Subject to Excise Duty: A Cross-country Comparison https://ojs.academicon.pl/tkppan/article/view/4613 <p>First prototypes of tobacco heaters were developed by the largest global tobacco companies as early as the 1980s. However, the first heat-not-burn tobacco products (not resembling the prototypes) were promoted on the market with success many years later – in 2014 in Japan, then in Switzerland, and in Italy. From the beginning, these products were offered for sale with the information that they were less risky for consumers, compared to traditional tobacco products. The first definition of novel tobacco products, which included heated tobacco products (HTPs), was part of the so-called Tobacco Directive (TPD). However, HTPs are not yet a subject to TPD norms. Therefore, each Member State is free to apply the excise tax rates to HTPs. Currently, there is a discussion in the EU on harmonizing excise tax policy also with regard to heated tobacco. The article discusses the current legal status of HTPs at the level of EU law, as well as in light of legal systems of selected Member States representing a diversified approach in the field of excise policy towards this category of tobacco products.</p> Małgorzata Szwejkowska Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4613 Sat, 31 Dec 2022 00:00:00 +0100 Tax Instruments for Supporting Persons with Disabilities as Seen in the Example of the Rehabilitation Relief in the Personal Income Tax https://ojs.academicon.pl/tkppan/article/view/4778 <p>Problems of persons with disabilities should be examined also at a legal angle. Creation of legal instruments of support for such persons is absolutely crucial. With the assumption that tax law is one of the more intrusive branches of law, which on the other hand may serve non-fiscal, including social goals, this study analyses those instruments which may be elements of such support. The author concentrates on regulations of the personal income tax and the rehabilitation relief regulated by them as a tax credit that is fundamental for this research area. Special focus is given to interpretation dilemmas that accompany the application of these regulations, which may greatly limit their efficiency. The analysis of the normative material and views of legal scholars and commentators and the judicature has allowed a number of conclusions, <em>de lege lata </em>and <em>de lege ferenda </em>alike.</p> Katarzyna Święch-Kujawska Copyright (c) 2022 Teka Komisji Prawniczej PAN Oddział w Lublinie https://ojs.academicon.pl/tkppan/article/view/4778 Sat, 31 Dec 2022 00:00:00 +0100 The Broadcasting of Local Authority Decision-making Bodies’ Meetings https://ojs.academicon.pl/tkppan/article/view/5133 <p>This paper is an attempt at showing the broadcasting of local community council meetings contributes to enhancing citizens’ participation in the administration of local community affairs. The same goal guided the legislator, too, whose Act Amending Certain Laws to Enhance Citizens’ Participation in the Process of Election, Operation, and Supervision of Certain Public Bodies dated 11 January 2018 introduced the duty of broadcasting and recording with recording equipment of the image and sound of the meetings of local authority decision-making bodies. First of all, the realisation of constitutional transparency needs to be emphasised, as reflected in local government legislation, <em>inter alia</em>, and incorporated in the access to meetings of the bodies and their committees and to documents, as well as the broadcasting of meetings. The study will apply the methods proper to legal sciences.</p> Paweł Śwital Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5133 Sat, 31 Dec 2022 00:00:00 +0100 Detailed Characteristics of the Limitation of the Right of Access to Public Information Due to Regulations on the Recapitalization of Certain Institutions and Governmental Financial Stabilization Instruments https://ojs.academicon.pl/tkppan/article/view/5134 <p>As a public subjective right, the general right to public information is subject to limitations at both the constitutional and statutory levels. Significant in this respect are the provisions of Article 61(3) and Article 31(3) of the Constitution of the Republic of Poland of 2 April 1997 and Article 5 of the Act of 6 September 2001 on access to public information. Paragraph 2b of Article 5 of the Law on Access to Public Information indicates a specific type of restriction related to the regulations of the Law of February 12, 2010 on the Recapitalization of certain institutions and governmental financial stabilization instruments. The focus of the deliberations conducted has been centered on detailing the essence and nature of this limitation.</p> Katarzyna Tomaszewska Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5134 Sat, 31 Dec 2022 00:00:00 +0100 Man is Himself Through Truth. In Search of the Foundations of Karol Wojtyła’s and Tadeusz Styczeń’s Personalism https://ojs.academicon.pl/tkppan/article/view/5135 <p>The paper discusses one of the key aspects of Karol Wojtyła’s and Tadeusz Styczeń’s ethics, namely, the dependence of freedom on truth. By building their ethics within the framework of the classic metaphysics, both the thinkers were convinced a range of the intellectual and moral errors of the present times, which are dangerous to man, spring from the breach of that constitutive bond between these fundamental values. The article is a reconstruction of the understanding of the relationship between freedom and truth as underlying the mutually supplementary personalist ethics of Wojtyła and Styczeń, with the dignity of the human person as its conceptual centre. The same triad of values, dignity – freedom – truth, in particular, the truth about the human person, would, for John Paul II, become the criterion of evaluation of the human culture and actions taken in the social dimension.</p> Wojciech Wojtyła Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5135 Sat, 31 Dec 2022 00:00:00 +0100 Health Resort Block Subsidy as a Source of Economic Revenue for SPA LGU’S https://ojs.academicon.pl/tkppan/article/view/5136 <p>In Article 49 of the Spa Act it is explicitly stated that the spa subsidy is payable to the municipality which performs the tasks defined in Article 46 of that Act. It should be agreed here that the spa subsidy not only fulfils the function of financing own tasks, but also contains an incentive function, which from the point of view of the division of public resources between the government administration and the self-government administration is a secondary function. Therefore, if so, it should not limit the function of task financing. Moreover, it should be pointed out that a subsidy from the state budget is not an appropriate form of financing own tasks, which is commonly pointed out in the literature. Despite those reservations, the Health Resort Act in Article 49 clearly defines this type of income of the health resort community earmarked for financing of tasks mentioned in Article 46 of the Health Resort Act as a subsidy.</p> Tomasz Wołowiec, Olena Ivashko, Łukasz Wojciechowski Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5136 Sat, 31 Dec 2022 00:00:00 +0100 The Issue of Adoption of Unjust Enrichment Case for Negotiable Instruments’ Practice in the 10-year Application of the Turkish Code of Commerce since 2012 https://ojs.academicon.pl/tkppan/article/view/5137 <p>One of the original and exceptional institutions of the negotiable instruments law is the unjust enrichment case. Although unjust enrichment is regulated in the Turkish Code of Obligations in general terms and is accepted as a source of debt relations, it also constitutes the subject of a case-specific to the Turkish Code of Commerce and only negotiable instruments as a result of the choice of the legislator. Due to its exceptional nature, the legislator has also strictly determined the conditions that must be fulfilled to file an unjust enrichment case in negotiable instruments. This approach of the legislator is correct. The unjust enrichment case in negotiable instruments creates an extraordinary and additional demand opportunity for the right holder. Despite this option and opportunity, these bills are used only as ordinary bills instead of filing a lawsuit for unjust enrichment in negotiable instruments. Undoubtedly, this is a contradiction. To put it briefly, the reason for this contradiction is the lack of awareness in the practice of law.</p> Mustafa Yasan Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5137 Sat, 31 Dec 2022 00:00:00 +0100 The Position of the Polish Centre for Accreditation in the Political System and Its Impact on the Performance Efficiency of Public Tasks in the Field of Accreditation https://ojs.academicon.pl/tkppan/article/view/5138 <p>This paper examines the position of the Polish Centre for Accreditation within the structure of Polish public administration. On the presumption that the PCA is a specialised administrative entity of a legal nature similar to one of an agency, which performs state tasks by accrediting notified bodies within the product conformity assessment scheme, the article assesses the influence of the Centre’s tasks and its position within the political system on the efficiency and quality of public functions it fulfils in the area of accreditation. The study demonstrates that the current structure and position of the Centre in the political system substantially facilitates the efficient implementation of state tasks in respect of accreditation. The research method employed herein in order to achieve the adopted research assumptions is the dogmatic and legal method.</p> Agnieszka Żywicka, Paulina Bieś-Srokosz Copyright (c) 2022 https://ojs.academicon.pl/tkppan/article/view/5138 Sat, 31 Dec 2022 00:00:00 +0100