Studia nad Autorytaryzmem i Totalitaryzmem最新文献

{"title":"Czy zmierzamy w stronę autorytarnego sądowego procesu karnego?","authors":"Kazimierz J. Leżak","doi":"10.19195/2300-7249.43.4.40","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.40","url":null,"abstract":"The article discusses recent changes in the Polish Code of Criminal Procedure in the sphere of the prosecutor’s right to oppose decisions made by a court during the trial. The purpose of the article is to show the public prosecutor’s increasing interference in the course of criminal proceedings, which, as a result, makes it possible to take control over the course and outcome of specific criminal proceedings.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"156 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":"130092436","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":"Z problematyki emigracji z Grecji do Polski Ludowej","authors":"Agnieszka Chrisidu-Budnik","doi":"10.19195/2300-7249.43.4.22","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.22","url":null,"abstract":"The 1944–1949 Greek civil war between the supporters of the monarchy with the right-wing government and the left-wing forces with the Democratic Army of Greece resulted in the death of approximately 100,000 people and forced partisans and their families to migrate to countries of “people’s democracy.” It is estimated that the Polish People’s Republic accepted approximately 14,000 people (children and adults). The article describes the genesis of the conflict that led to the outbreak of the civil war as well as the increasing polarization of the Greek population. It presents the (political and social) complexity of the processes of emigrating from Greece to the people’s democracies and selected aspects of the organization of the Greek community’s life in the Polish People’s Republic.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"1 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":"128948750","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":"Zmiany organizacyjno-prawne przedsiębiorstwa państwowego w okresie Polskiej Rzeczypospolitej Ludowej","authors":"Daria Kostecka-Jurczyk","doi":"10.19195/2300-7249.43.4.9","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.9","url":null,"abstract":"In Poland, during the People’s Republic of Poland, the policy of central management of the economy was based on the principles of unity of state power and unity of state property. They constituted the foundation of the state sector and the state economic activity. State-owned enterprises, strongly subordinated to public administration bodies, were the leading form of economic activity. The authoritarian state controlled not only the process of enterprise creation, liquidation and supervision, but also the enterprises’ operational activities. Strong state supervision and lack of responsibility for financial results were the main reasons for their low profitability, which in turn brought about attempts to reform the legal structure of the state-owned enterprises. The aim of the article is to show the legal and organizational changes in state-owned enterprises that are to produce an increase in economic efficiency. Based on the historical-legal method and the grammatical interpretation of the law, it was shown that the reforms undertaken in the field of the organization of state-owned enterprises were not effective.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"1 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":"130126306","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":"Sądy społeczne w systemie wymiaru sprawiedliwości Niemieckiej Republiki Demokratycznej","authors":"Agnieszka Malicka","doi":"10.19195/2300-7249.43.4.25","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.25","url":null,"abstract":"Social courts in the German Democratic Republic, as constitutional judicial organs, guaranteed the direct participation of citizens in the exercise of state power. They played an important role in the judicial system and in fact became the courts of the lowest instance. They settled disputes in the field of labour and civil law and adjudicated in cases of violations of criminal law. In retrospect, they can be assessed as a special type of court typical of the socialist system, the decisions of which were primarily of educational and preventive importance.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":" 26","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120931860","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":"Działalność badawczo-dokumentacyjna Okręgowej Komisji Badania Zbrodni Hitlerowskich we Wrocławiu (1965–1975)","authors":"Marek Podkowski","doi":"10.19195/2300-7249.43.4.23","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.23","url":null,"abstract":"The article concerns issues related to the functioning of the Research and Documentation Team, one of several teams operating within the District Commission for the Investigation of Nazi Crimes in Wrocław. The initial turning point is the reactivation of the District Commission in Wrocław, and the final — changes in its organizational structure. Apart from scientific studies, the text is based on the available archival materials collected at the Institute of National Remembrance. The article proves that the activity of the District Commission in Wrocław was not limited only to investigations and explanatory proceedings. It also conducted vital research and documentation activities. For this purpose, cooperation with the research centre of the University of Wrocław conducting research on fascism and Nazi crimes in Lower Silesia was established. The cooperation resulted in numerous opinions and academic papers on the research areas specified in the cooperation agreement, as well as scientific conferences.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"39 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":"120941849","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":"Palenie ksiąg w starożytnym Rzymie jako przejaw autorytarnego ograniczania republikańskiej wolności słowa","authors":"D. Nowicka","doi":"10.19195/2300-7249.43.4.16","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.16","url":null,"abstract":"Transition from republic to principate brought a meaningful alteration in the area of conceiving freedom of speech. Republican standards in this matter were not apt for the new regime as it was too fragile to withstand the republican dissidence. New restrictions and ad hoc measures needed to be applied. Among them burning of books was of particular importance. \u0000The article deals with incidents of book burning in the times of Augustus (cases of Titus Labienus and Cassius Severus) and Tiberius (those of Mamercus Scaurus and Cremutius Cordus), which, although not numerous, were of high significance for freedom of speech within the new regime. On the basis of analysis of selected ancient sources and scientific literature on the matter, an answer to the question about their political meaning is sought. Accordingly, the socio-political background of change in the area of freedom of speech in the context of passing from a republic to the authoritarian regime of a principate needs to be taken into account. Unfortunately, historical sources regarding the matter are deeply unequivocal and scientific interpretations seem strongly conditioned by tendencies to discern crimen maiestatis in every case of book burning from the times of early empire, even if it is not plainly attested by ancient authors. It appears that the subsequent popularity of maiestas charges could have influenced the erroneous interpretation of previous incidents, which appear to have been — at least formally — distant from the law of injured majesty, being ad hoc measures at least in the times of the reign of Augustus. \u0000However, the essential point of analysis concerns the grounds of the incidents of burning books that took place under August and Tiberius, showing a step-by-step process of supressing the republican freedom of speech. Although rare, book burnings reflect a common tendency in new authoritarian rulers’ politics, which at first tend to deal with opponents unpopular among the aristocracy, only to move on to managing adversaries originating from the Roman élite. Nevertheless, the undertaken measures were not suitable for annihilating the books in question, contributing to their growth in popularity. The answer to the core question about the aims of book burnings under Augustus and Tiberius seems to boil down to mere propaganda, showing that dissident books would not be tolerated, no matter the social status of their authors.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"45 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":"121545575","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":"Ponadczasowość regulacji prawnych dotyczących niewypłacalności","authors":"Izabella Gil","doi":"10.19195/2300-7249.43.4.19","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.19","url":null,"abstract":"The study describes the legal regulations concerning insolvency in the period of the Second Polish Republic. The political system of the Republic of Poland in the years 1926–1935 is described as authoritarian in order to distinguish it from the total fascist system. \u0000The difficult economic and financial situation of the Polish state during the post-partition period required state interference in introducing legal regulations ensuring protection of creditors, while taking into account the rights of debtors who became insolvent for no fault of their own. Bankruptcy became a society-wide problem, albeit of varying severity. The study describes legal regulations concerning insolvency, which are included both in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Law on Settlement Proceedings (Journal of Laws of 1934, No. 93, item 836, with binding force from 1 January 1935), and in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Bankruptcy Law (Journal of Laws of 1934, No. 93, item 834, with binding force from 1 January 1935). The above-mentioned legal acts contained regulations adjusted to the state of insolvency, which is the result of the debtor’s difficult economic and financial situation. The state of the debtor’s insolvency or the threat of insolvency determined whether it was possible to conduct a procedure in which the debtor entered into an arrangement with creditors or whether the debtor should be declared bankrupt. \u0000In the case of bankruptcy, a trustee appointed by the bankruptcy court managed the assets of the bankrupt, constituting the bankruptcy estate, and the bankrupt was deprived of the right to manage their assets. The main purpose of bankruptcy proceedings was to sell the assets included in the bankruptcy estate and to achieve equal satisfaction of creditors of the bankrupt debtor. The course of these proceedings was different and depended on whether it was possible to make an arrangement with the creditors or whether it was necessary to implement procedures related to the liquidation of the bankrupt debtor’s assets. Although both legal acts were enacted in the interwar period, they were in force until the entry into force of the Act of 28 February 2003, the Bankruptcy and Reorganization Law (Journal of Laws of 2003, No. 60, item 535), that is, for almost 60 years. Therefore, regardless of the changes in the political system of the Polish state, the insolvency regulations from the authoritarian period in the Second Republic remained in force for many decades. The timelessness of these regulations is confirmed by the fact that some of the legal regulations that were enacted in 1934 are still applied today, although they have been partially modified and adapted to the current economic situation. The entry into force on 1 January 2016 of the Law of 15 May 2018 on Restructuring Law (Journal of Laws of 2015, item 978) resulted in a return to the separation of legal regulation","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"9 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":"126413371","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":"Publicznoprawne instrumenty „demokracji walczącej” w polskim systemie prawa","authors":"P. Janiak","doi":"10.19195/2300-7249.43.4.36","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.36","url":null,"abstract":"The Polish system of public law has legal mechanisms that reflect the idea of ​​a militant democracy, assuming the need to equip the democratic system with instruments that will allow it to defend itself against actions aimed at its annihilation. They appear both on the constitutional level and in the acts of administrative and criminal law. As a result, the problem of the instruments of militant democracy becomes an interdisciplinary issue. The conducted analysis shows that the instruments in question, in spite of appearances, have a lot in common. Their use causes similar problems, the source of which are, among others, disputes arising around the concepts of Nazism, fascism, communism and totalitarianism.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"2 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":"133892126","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":"Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne","authors":"Marcin Podleś","doi":"10.19195/2300-7249.43.4.12","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.12","url":null,"abstract":"The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"24 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":"121264875","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":"Polityka podatkowa nazistowskich Niemiec — zarys problematyki","authors":"Rafał Lipniewicz","doi":"10.19195/2300-7249.43.4.21","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.21","url":null,"abstract":"Taxes constitute an integral part of the state economic policy, regardless of the political system or dominant ideology. It is therefore not surprising that they were an essential tool for achieving the goals of Nazi Germany, of both fiscal and non-fiscal nature. The purpose of the paper is to examine in scientific terms the issues of (i) the use of taxes by the governments of Nazi Germany to increase budget revenues necessary to achieve political and military goals, as well as (ii) the Nazis’ recognition of public levies as a form of specific economic oppression serving the implementation of the state’s policy towards the Jewish population in Germany.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"54 3 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":"126139261","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}