Studia nad Autorytaryzmem i Totalitaryzmem最新文献

{"title":"Prawo właściwe dla zobowiązań niewynikających z czynności prawnych w okresie Polskiej Rzeczpospolitej Ludowej","authors":"Magdalena Wasylkowska-Michór","doi":"10.19195/2300-7249.43.4.14","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.14","url":null,"abstract":"In the communist era, the law applicable to non-contractual obligations was regulated by two acts — the Private International Law of 1926 and the Private International Law of 1965, which dealt with the issue of the law applicable to obligations not arising out of legal action. The object of this study is to present the respective regulations in terms of determining this law. In particular, the author focuses on the analysis of two main connecting factors used at that time to determine the law applicable to non-contractual obligations, namely, the law of the place where the act giving rise to the non-contractual obligation was performed and the law of domicile. In the conclusion of the article the author assesses the solutions presented above from the point of view of both Polish and foreign doctrine.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130136356","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}

{"title":"Model orzecznictwa w sprawach o wykroczenia w Polsce Ludowej","authors":"Katarzyna Liżyńska, Anna Płońska","doi":"10.19195/2300-7249.43.4.10","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.10","url":null,"abstract":"The authoritarian ideology that guided the authorities of the communist Polish state did not remain indifferent to the emerging model of jurisprudence in petty offence cases. Eliminating the possibility of court proceedings, the location of adjudicating boards in petty offence cases at national councils, the introduction of collegial jurisprudence exercised by the social factor, giving the jurisprudence an educational character, and abandoning it in favour of severe penalties implemented for hooligan petty offences — these are just some of the features that distinguish the jurisprudence model in petty offence cases in the People’s Republic of Poland. The pursuit of the authorities to subordinate the individuals by, on the one hand, handing over the jurisprudence in petty offence cases into the hands of the people, and, on the other hand, filling the adjudication boards with members subordinate to the authority, did not bring independence in the decisions issued. It is evidenced, for example, by the excessive repressive adjudication boards judgments issued against participants of the political crisis of March 1968. The Authors present the development of the model of jurisprudence in petty offence cases in the controversial period of the communist regime.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132867891","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}

{"title":"Służba na rzecz totalitarnego państwa jako przesłanka obniżenia zaopatrzenia emerytalnego funkcjonariuszy zatrudnionych w organach bezpieczeństwa w latach 1944–1990","authors":"Ł. Prus","doi":"10.19195/2300-7249.43.4.35","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.35","url":null,"abstract":"The paper describes term of service in a totalitarian state as a basis for reducing the pension of officers employed in the security service in the years 1944–1990. The legislators decided to hold liable the officers of the communist political police by reducing their pensions again, 26 years after the transformation. In this aspect, the crucial issue is the concept of service in a totalitarian state. The thesis of the paper is that the qualification of service in a totalitarian state cannot be determined only by formal conditions, that is, the time and place of service, but should also take into account substantive criteria, especially violation of the fundamental rights of individuals by former officers.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133047870","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}

{"title":"Odpowiedzialność usługodawcy za udostępnianie w internetowych serwisach społecznościowych treści przestępnych związanych z publicznym propagowaniem faszystowskiego lub innego totalitarnego ustroju państwa według projektu ustawy o ochronie wolności słowa w","authors":"Anastazja Kołodziej","doi":"10.19195/2300-7249.43.4.38","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.38","url":null,"abstract":"Having in mind the Law on the Provision of Electronic Services, the article presents selected issues in the field of strict liability of the service provider in the form of administrative penalties for publishing on social media criminal content or content that is related to it, in the form of praising or exhorting to commit the crime prohibited under Art. 256 of the Penal Code according to the Draft of the Law on the Protection of Freedom of Speech on Social Media. It presents selected issues concerning inaccuracies and imprecise definitions of the notions of service provider, user, and illegal content, especially in the context of content that does not exhaust the features of a prohibited act under Art. 256 of the Penal Code. It describes also the procedure to be followed in the event of the user’s complaint about blocking their content, profile or a complaint about disseminating illegal content. The author concludes that the assessment of illegal content that does not exhaust the features of a crime under Art. 256 of the Penal Code, but is related to it, in the form of praising or exhorting to commit it, will belong to the Freedom of Speech Committee. Additionally, the regulations of the Law on the Provision of Electronic Services and the Draft of the Law on the Protection of Freedom of Speech on Social Media are inconsistent because, on one hand, after the so-called flagging of the content on social media, the service provider is obliged to remove illegal content (Art. 14 of the Law on the Provision of Electronic Services), while, on the other hand, according to the commented draft of the law, he is exposed to proceedings before the Freedom of Speech Committee and its arbitrary classification of content as legal or illegal.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128132030","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}

{"title":"Regulacja prawna pomocy społecznej w Polsce w okresie powojennym do 1989 roku","authors":"Dominika Cendrowicz","doi":"10.19195/2300-7249.43.4.3","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.3","url":null,"abstract":"The article’s aim is to examine the legal regulation of social welfare in Poland after World War II up to the year 1989. The article analyzes the legal position of beneficiaries of social welfare benefits in that period. The political situation in Poland after the end of World War II introduced changes in the perception of the pre-war system of social welfare. In the period of the Polish People’s Republic, social welfare was based on an incorrect legal basis and  the legal position of beneficiaries of social welfare was not protected by law. Social welfare was transferred to the Ministry of Health and its organizational system was centralized. Such a situation lasted until the Act of 29 November 1990 on Social Welfare was passed. Theoretical and historical methods of legal research were used in this article.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129324680","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}

{"title":"Założenie nadrzędności interesu społecznego nad interesem jednostkowym w planowaniu przestrzennym jako przejaw autorytarnych tendencji prawodawcy w ustawie z dnia 12 lipca 1984 roku o planowaniu przestrzennym","authors":"Maciej Błażewski","doi":"10.19195/2300-7249.43.4.1","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.1","url":null,"abstract":"The Act of 12 July 1984 on Spatial Planning ensured the primacy of social interest over individual interest. This superiority was a manifestation of the authoritarian tendencies of the legislator. The normative measures ensuring this supremacy were the principle of planned development and the linking of spatial development plans with social and economic plans.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123280206","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}

{"title":"Arbitraż w posttotalitarnych czasach PRL — uwagi wybrane na tle zakresu podmiotowego dopuszczalności arbitrażu (dawny art. 697 § 3 i 4 k.p.c.)","authors":"Aleksandra Budniak-Rogala","doi":"10.19195/2300-7249.43.4.2","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.2","url":null,"abstract":"This elaboration is an attempt to introduce an interpretation of former Art. 697 § 3 and 4 of the Civil Procedure Code regarding admissibility of concluding agreements for submitting disputes to an arbitration court by social economy entities. The analyzed provisions provided relevant limitations of the objective scope of admissibility of arbitration regarding said social economy entities – both in domestic and international transactions. It involved especially with the establishment of the State Economic Arbitral Institution. The solutions adopted by the legislator were undoubtedly the result of applying the principles of the socio-economic regime of the post-totalitarian Polish People’s Republic.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131892574","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}

{"title":"Koncepcja efektywności oceny przedsiębiorstw Polskiej Rzeczypospolitej Ludowej i jej ewolucja","authors":"A. Ćwiąkała-Małys, Małgorzata Durbajło-Mrowiec","doi":"10.19195/2300-7249.43.4.5","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.5","url":null,"abstract":"After the Second World War, in the time of totalitarian leadership, economic and inter-company settlement rules were implemented for the management of the Polish economy and Polish enterprises. Their purpose was to control the use of resources and the implementation of plans as well as to increase the efficiency and rationality of management. The term efficiency was not used. The aim of the article is to investigate whether the internal economic settlement, an inherent part of which was cost accounting, had the features of efficiency accounting. The research was carried out by qualitative, comparative and praxeological methods. The chronological views of selected economists from the times of the Polish People’s Republic presented here indicate their significant evolution. With the end of the socialist economy, economists were writing about maximizing profits and the profitability of enterprises remaining on inter-company settlement, about the efficiency of their activities and financial independence. Cost accounting was modified to resemble the  normative cost accounting model that provided multi-sectional information for managing, including evaluation of efficiency. That is why a tool was used that was not connected with the centralized economy but was an example of modern solutions that were necessary in a totalitarian country for achieving the desired level of control over society.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132947542","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}

{"title":"Stosowanie przepisów o formie czynności prawnych, jako instrument kontroli obrotu prawnego w perspektywie orzecznictwa SN w latach 1964–1989","authors":"K. Górska","doi":"10.19195/2300-7249.43.4.6","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.6","url":null,"abstract":"The regulation of civil law transactions during the Polish People’s Republic took place on many different levels. Among other things, the scope of state control over the performance of legal transactions also involved the obligation to document them. At the normative level, the code institution of the form of legal transactions reflected classical civilist concepts, typical for free-market relations. The aim of the study is to determine to what extent the principle of freedom of form expressed in the Civil Code was respected in practice, and to what extent the application of the rules on form made them another tool at the disposal of the totalitarian state to control transactions. Judicial jurisprudence seems to be the most appropriate area to analyze this problem. The article presents selected theses of the Supreme Court relating to the application of regulations on the form of legal transactions, formulated in the years 1964–1989, that is, from the enactment of the Civil Code to the beginning of the political and economic transformation towards democracy and free-market economy. The main considerations are preceded by a presentation of the code regulation of the form of legal actions with an indication of the basic functions, which — in the intention of the authors of the Civil Code — were ascribed to the form of legal actions. The part of the study devoted to the discussion of the jurisprudence explains, first of all, how the principle of the freedom of form was understood and how the provisions on the special form and the consequences of failing to observe it were applied. The conclusions that emerge from the analysis do not allow us to formulate a thesis about an ideological interpretation by the Supreme Court. In particular, it cannot be confirmed that the use of provisions on form testified to their instrumentalization. This leads us to reflect that the political conditions of the communist period did not preclude the Supreme Court from interpreting the law in a fully autonomous manner. For this reason, much of the case law from that period is still relevant.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123955018","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}

{"title":"Land and mortgage registers as a cornerstone of real estate transactions in Polish law — a historical and legal outline (On the 40th anniversary of the enactment of the Land and Mortgage Registers and Mortgage Act)","authors":"M. Kaczorowska","doi":"10.19195/2300-7249.43.4.7","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.7","url":null,"abstract":"With its core purpose of establishing the legal status of immovable property, the system of land and mortgage registers (perpetual books) operating in Poland plays a paramount social and economic role in ensuring legal security of real estate conveyancing, and thereby contributes to implementing the constitutional principle of democratic state ruled by law. The foundations for a uniform land and mortgage register law were laid down in the 1930s by the Codification Commission of the Republic of Poland, appointed after the Polish State regained independence in 1918, following the period of partitions. The works of the Commission were interrupted by the outbreak of the Second World War in 1939. In the early years of the post-war communist regime, the Commission’s draft provisions on land and mortgage registers served as the basis of the unified legislation that entered into force. Shortly thereafter, however, the very usefulness of the institution of land and mortgage register was contested by communist authorities, as it was considered contrary to the ideological assumptions underlying the socialist system. As a consequence, although not abolished, the land and mortgage register law’s relevance was diminished substantially for several decades, as manifested by the fact that it was not incorporated into the Civil Code of 1964. The significance of land and mortgage registers was restored to a certain degree only upon adopting the Land and Mortgage Registers and Mortgage Act of 1982, which, after being appropriately amended, is still in force. Subsequently, land and mortgage registers were subject to systemic reforms as part of the democratic transition process in Poland, and in recent years, advanced computerisation and informatisation actions have been undertaken bringing about noteworthy modernisation effects. \u0000In view of the forthcoming 40th anniversary of the enactment of the Land and Mortgage Registers and Mortgage Act, it is worth providing deeper insights into contemporary Polish land and mortgage register law against the historical background. The article is aimed at outlining the evolution of legislative and doctrinal approaches to the position of land and mortgage registers in the legal system in Poland — from the period of the interwar Codification Commission’s activity, through the decades of the totalitarian domination of the communist system, until the present time. In this respect, particular reference will be made to basic rules underpinning the organisation of land and mortgage registers. Based on the overview of the development of land and mortgage register law, with special consideration of its legislative marginalisation in the People’s Republic of Poland, conclusions will be drawn as to the current legal position of land and mortgage registers in the context of recognising the vital importance thereof for property law relations.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114402749","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}