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PRINCIPLES OF PROCEEDINGS IN A CONSTITUTIONAL COMPLAINT 宪法申诉的诉讼原则
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6800
Mariusz Śladkowski
{"title":"PRINCIPLES OF PROCEEDINGS IN A CONSTITUTIONAL COMPLAINT","authors":"Mariusz Śladkowski","doi":"10.5604/01.3001.0053.6800","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6800","url":null,"abstract":"The constitutional complaint was introduced into the Polish legal order with the entry into force of the Constitution of the Republic of Poland of April 2, 1997. In accordance with the will of the legislator, the Polish model of a constitutional complaint has been shaped as narrow, both in the sphere of the objective scope, which by definition includes normative acts, and the scope of complaint protection granted to the complainant, which is of a limited nature. The doctrine rightly emphasizes that the Constitution of the Republic of Poland has relatively broadly defined the system of individual freedoms and rights, thus giving them the rank of constitutional fundamental rights. The effective implementation of these rights depends on the provision of effective means of their protection. Among the latter, the constitutional complaint comes to the fore as a special, extra-instance and extra-judicial means of legal protection, opening an individuals access to the Constitutional Tribunal. The principles determining the proceedings before the Constitutional Tribunal include the principle of the right of citizens to court, the principle of material truth, the principle of equality, the principle of availability, the principle of constitutional legality, the principle of adversarial procedure, the principle of openness of proceedings, the principle of collegiality, the principle of directness, the principle of orality, the principle of concentration evidence, and finally the principle of procedural formalism.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130050540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CASES OF CRIMES COMMITTED BY PEOPLE SUFFERING FROM SCHIZOPHRENIA AN ATTEMPT TO BRING THE PROBLEM CLOSER 精神分裂症患者犯下的犯罪案件试图拉近这个问题的距离
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6799
M. Konieczny
{"title":"CASES OF CRIMES COMMITTED BY PEOPLE SUFFERING FROM SCHIZOPHRENIA AN ATTEMPT TO BRING THE PROBLEM CLOSER","authors":"M. Konieczny","doi":"10.5604/01.3001.0053.6799","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6799","url":null,"abstract":"The article presents in detail the issue of punishable criminal acts in the course of severe, especially untreated schizophrenia. Psychiatric and legal awareness is high among experts, while stereotypes and myths that harm calm people with schizophrenia, who outnumber aggressive ones, still exist in wide circles of society. Just like among the healthy, i.e. mentally normalized, there are crimes, so also in the population of schizophrenics, who constitute only 1% of the population, there are statistically cases of aggression. Most often, patients commit prohibited acts after discontinuing pharmacological treatment, which, according to the unanimous opinion of psychiatrists, should be the basis of therapy for this disease. Also very often the families and friends of schizophrenic people deny the biological nature of schizophrenia and persuade them to discontinue or reduce the dose of medication, which in most cases ends in exacerbation or even full-blown relapse. A patient who, under the influence of the most frequently heard whispers and voices in the head (auditory hallucinations, the most common hallucination in schizophrenia), which tell him to kill himself and/or someone else, is often not sane at all, commanded by commanding voices and cannot go to prison where his mental state would deteriorate further. Compulsory treatment is the only way to protect the life and health of both the patient and people around them. The only way to prevent crimes in schizophrenia, especially the most serious ones (murder, rape, robbery), is psychoeducation of the society in the basic knowledge of psychopathology and the acquisition of a healthy habit of not being indifferent, but reacting to any disturbing signals.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"132 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133309897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CONSEQUENCES OF UNLAWFUL USE OF AIRSPACE BY UNMANNED AERIAL VEHICLES 无人机非法使用空域的后果
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6785
Sabina Kubas
{"title":"CONSEQUENCES OF UNLAWFUL USE OF AIRSPACE BY UNMANNED AERIAL VEHICLES","authors":"Sabina Kubas","doi":"10.5604/01.3001.0053.6785","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6785","url":null,"abstract":"The use of airspace by unmanned aerial vehicles is associated with the need to adapt to an increasing number of legal regulations. International and Polish regulations introduce legal consequences, but also administrative and technical ones, which prevent the operation of UAVs. Therefore, the analysis and interpretation of prohibited acts related to the use of UAVs, as well as the sanctions provided for by the regulations, seemed appropriate. The jurisprudence of judicial authorities is also of great importance, as it indicates how legal regulations should be understood, as well as what types of sanctions should be applied so that they bring a result proportionate to the previously committed unlawful act.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130968458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
DISCIPLINARY LIABILITY OF JUDGES OF THE CONSTITUTIONAL TRIBUNAL IN THE POLISH LEGAL ORDER PART II 波兰法律秩序中宪法法庭法官的纪律责任第二部分
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6802
Jan Kil
{"title":"DISCIPLINARY LIABILITY OF JUDGES OF THE CONSTITUTIONAL TRIBUNAL IN THE POLISH LEGAL ORDER PART II","authors":"Jan Kil","doi":"10.5604/01.3001.0053.6802","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6802","url":null,"abstract":"This article is devoted to the problems of disciplinary liability of judges of the Constitutional Tribunal in the Polish legal order. The second part of the study discusses the subjective and objective scope of disciplinary liability of judges of the Constitutional Tribunal. In this context, the article considers specifically the constituent elements of a disciplinary offence and temporal limits of disciplinary liability of the Tribunals judges. In the second part of the study, also the course of disciplinary proceedings was presented and conclusions were given, including proposals de lege ferenda, following from both parts of the publication.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131039808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
MEDIATION SETTLEMENT FOR CLAIMS NOT COVERED BY THE SUBJECT MATTER OF DISPUTE COMMENTS IN THE LIGHT OF AMENDMENTS TO THE CODE OF CIVIL PROCEDURE OF MARCH 9, 2023. 根据2023年3月9日《民事诉讼法》修正案,对争议事项未涵盖的索赔进行调解解决。
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6804
Patrycja Dolniak
{"title":"MEDIATION SETTLEMENT FOR CLAIMS NOT COVERED BY THE SUBJECT MATTER OF DISPUTE COMMENTS IN THE LIGHT OF AMENDMENTS TO THE CODE OF CIVIL PROCEDURE OF MARCH 9, 2023.","authors":"Patrycja Dolniak","doi":"10.5604/01.3001.0053.6804","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6804","url":null,"abstract":"The admissibility of concluding a settlement in mediation in a case referred by the court for claims not covered by a lawsuit has raised disputes in case law and judicature. The legislator aimed to solve this problem by allowing parties to include other cases in the settlement and therefore introduced amendments in Article 18313 2 of the Code of Civil Procedure. Unfortunately,the legislator, while providing the possibility of concluding a settlement in mediation in a scope broader than the subject of the dispute, completely disregarded the relation of the added regulation to other provisions, including Article 321 1 of the Civil Procedure Code and the issue of jurisdiction. The purpose of this publication is to analyze introduced changesfrom the point of view of the above-mentioned regulations and an attempt to find answers to the problems that arise. Work on the issue was justified by the importance of the topic forpractice and the need to refer to the introduced changes, which, in view of the passage of the law on March 9, 2023, have not yet been analyzed in the literature.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129663414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
EFFECTIVENESS OF WAIVER OF THE RIGHT TO APPEAL IN GENERAL ADMINISTRATIVE PROCEEDINGS WITH MULTIPLE PARTIES GLOSS TO THE JUDGMENT OF THE SUPREME ADMINISTRATIVE COURT OF 6 NOVEMBER 2020, II OSK 2674/20 在涉及多方的一般行政诉讼中放弃上诉权的效力详见最高行政法院2020年11月6日的判决,第2674/20号文件
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6965
Tomasz Kosicki
{"title":"EFFECTIVENESS OF WAIVER OF THE RIGHT TO APPEAL IN GENERAL ADMINISTRATIVE PROCEEDINGS WITH MULTIPLE PARTIES GLOSS TO THE JUDGMENT OF THE SUPREME ADMINISTRATIVE COURT OF 6 NOVEMBER 2020, II OSK 2674/20","authors":"Tomasz Kosicki","doi":"10.5604/01.3001.0053.6965","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6965","url":null,"abstract":"The judgment under review addressed to the problem of the effectiveness of a declaration of waiver of the right of appeal in general administrative proceedings which involve more than one party. The Supreme Administrative Court justly concluded that the above statement can only be deemed effective when it is made by all parties. It is only then that the effect materialises of the decision becoming final and legally binding. In the judgment in question, it was noted that if one of the parties to the proceedings is omitted and subsequently appeals while invoking its legal interest, the statements previously made by the party actually participating in the administrative proceedings are not effective and have no legal effect. The gloss focuses exclusively on the designated procedural institution, hence it omits consideration of the substantive law provisions applied.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124166168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
REFLECTIONS ON THE RUSSIAN FEBRUARY REVOLUTION OF 1917. SEVERAL HISTORICAL AND LEGAL REMARKS FROM THE POINT OF VIEW OF 2022-2023 1917年俄国二月革命的反思。从2022-2023年的角度谈几点历史和法律问题
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6784
M. Sadłowski
{"title":"REFLECTIONS ON THE RUSSIAN FEBRUARY REVOLUTION OF 1917. SEVERAL HISTORICAL AND LEGAL REMARKS FROM THE POINT OF VIEW OF 2022-2023","authors":"M. Sadłowski","doi":"10.5604/01.3001.0053.6784","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6784","url":null,"abstract":"This article is about the changes in the state system during the February Revolution of 1917 in Russia. Article contains an analysis of political system and political competitions at the beginning of the Russian Revolution od 1917. On the background this description the author of the article provides characteristic of constitutional changes of Russia during revolution. In this area the article contains characteristic the idea of The All Russian Constituent Assembly (Vserossiyskoye Uchreditelnoye sobraniye) and other reform proposals conducted by The Russian Provisional Government. The second problem discussed in the article concerns memory of the Russian Revolution of 1917 and political instrumentalization of them in contemporary Russia","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126089902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CONCILIATION VERSUS MEDIATION IN INDIVIDUAL LABOR LAW CASES 劳动法个案中的调解与调解
Roczniki Administracji i Prawa Pub Date : 2023-06-30 DOI: 10.5604/01.3001.0053.6961
Aneta Krasuń
{"title":"CONCILIATION VERSUS MEDIATION IN INDIVIDUAL LABOR LAW CASES","authors":"Aneta Krasuń","doi":"10.5604/01.3001.0053.6961","DOIUrl":"https://doi.org/10.5604/01.3001.0053.6961","url":null,"abstract":"Among the amicable procedures for resolving individual labor law cases, two basic types can be distinguished, i.e. judicial and extrajudicial. Between these two extreme types, the mixed type can determined i.e. judicial-extrajudicial which is covered by the mediation procedure under Civil Procedure Code Art. 1831-18315. The aim of the article is to show the differences and similarities of conciliation and mediation as two amicable types of solving individual cases in the field of labor law i.e. judicial and judicial-extrajudicial that have the same goal namely concluding a settlement between the parties and thus ending the ongoing dispute","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126040301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE IMPACT OF CHANGE IN THE ALLEGATION EXAMINATION MODE IN THE CASE OF ADMINISTRATIVE ENFORCEMENT ON THE CREDITOR AND OBLIGORS POSITION 行政强制诉讼中指控审查方式的变化对债权债务人地位的影响
Roczniki Administracji i Prawa Pub Date : 2023-03-31 DOI: 10.5604/01.3001.0053.4001
Arkadiusz Cudak
{"title":"THE IMPACT OF CHANGE IN THE ALLEGATION EXAMINATION MODE IN THE CASE OF ADMINISTRATIVE ENFORCEMENT ON THE CREDITOR AND OBLIGORS POSITION","authors":"Arkadiusz Cudak","doi":"10.5604/01.3001.0053.4001","DOIUrl":"https://doi.org/10.5604/01.3001.0053.4001","url":null,"abstract":"The subject of the thesis below is the impact of change in the allegation examination mode in the case of administrative enforcement. It was analysed what effects in entrusting the examination of this appeal to the creditor has for the creditor and obligors procedural position.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130941045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE LEGAL BASIS FOR THE LOCATION OF SYSTEMS AND EQUIPMENT OF UTILITIES ON THIRD PARTY LAND 公用事业系统和设备在第三方土地上选址的法律依据
Roczniki Administracji i Prawa Pub Date : 2023-03-31 DOI: 10.5604/01.3001.0053.4003
Dagmara Nowak-Trochimiuk
{"title":"THE LEGAL BASIS FOR THE LOCATION OF SYSTEMS AND EQUIPMENT OF UTILITIES ON THIRD PARTY LAND","authors":"Dagmara Nowak-Trochimiuk","doi":"10.5604/01.3001.0053.4003","DOIUrl":"https://doi.org/10.5604/01.3001.0053.4003","url":null,"abstract":"Business activities conducted by utilities are of a quasi-public character. The purpose of these activities is to supply consumers with electric energy, thermal energy, gas, water as wellas to provide sewage disposal services. Utilities also include telecommunications enterprises and any other enterprises that carry on their business by using a network, that is, a complex system of closely interrelated, in physical, technological and functional terms, pieces of equipment that form a definite whole and are used to supply the users with utility services or to provide sewage disposal. Distribution networks are mostly located on land not belonging to utilities, but they are not a part of a given property if they are an asset of a utility. The aim of this article is a synthetic summary and presentation of the legal possibilities of legal foundation of technical infrastructure equipment on third party land. The legislator provides for a number of legal measures that allow distribution systems and equipment to be lawfully located on such land, so that reliable and uninterrupted supplies of thermal energy, electric power, water, gas and other utility services can be provided to consumers, but at the same time the legislator takes into account the interests of property owners, with special attention to respect for the right of property. The main purpose of the publication, based on a thorough, dogmatic method, is to analyze the provisions governing the location of network installations and devices on real estate, as well as the legal possibilities of legalizing their already existing foundation. In the analysis of this subject, the formal-dogmatic method, related to the exegesis of the legal text, the historical-legal method, as well as comparative legal studies were used.","PeriodicalId":158454,"journal":{"name":"Roczniki Administracji i Prawa","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115521545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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