Studia nad Autorytaryzmem i Totalitaryzmem最新文献

{"title":"Kryzys idei neutralności moralnej prawa","authors":"M. Błachut","doi":"10.19195/2300-7249.43.4.27","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.27","url":null,"abstract":"The idea of the moral neutrality of law is a characteristic element of liberal political and legal doctrines. This concept is also an element of constitutional principles regulating the limits of permissible legislative interference in the sphere of freedom. In such context, the bond linking it with the clearly defined axiology from which it derives is severed. The aim of this study is to consider to what extent the principle of the moral neutrality of law, being a principle affecting the activity of the legislator, retains its potential in identifying and limiting totalizing practices aimed at systematically limiting choices in the field of the concept of a good life and favouring a specific vision of the legal and political order in both spheres of human activity, individual and collective. The numerous variants of the moral neutrality of law formulated in political philosophy, and the distinctions between individual variants, in conjunction with the criticism of this concept, make it necessary to pay attention to whether this way of limiting totalizing practices is a good tool, resistant to the changing conditions. A review of critical arguments directed against the idea of neutrality leads to the conclusion that the weakening of the concept of the moral neutrality of law translates not only into its value in identifying and preventing totalizing practices, but also into weakening the protection of fundamental values, such as individual autonomy.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"37 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":"130755548","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":"Sytuacja prawna ofiary przestępstwa w postępowaniu wykonawczym w perspektywie sprawiedliwości naprawczej","authors":"Karolina Pasoń","doi":"10.19195/2300-7249.43.4.34","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.34","url":null,"abstract":"The article is devoted to the legal situation of a crime victim in the course of executive penal proceedings. The starting point for the considerations was the statement that Goffman’s concept of total institutions and the resulting negative consequences, such as the effects of deculturation or deprivation affecting inmates, are still valid in relation to Polish penitentiary units. It is considered that restorative justice can be an effective instrument for the transition from a total institution to its negation, that is, a permeable institution, especially insofar as it promotes tools for victim and community activation in criminal proceedings. Therefore, the situation of the victim in the current model of executive proceedings was analyzed from the perspective of the possibility of implementing the idea of restorative justice. The subject matter of the article is not limited only to a synthesis of the victim’s rights under the current Executive Penal Code. The provisions normalizing the rights of the victim were analyzed in the context of the whole Code regulation and with reference to the earlier stages of criminal proceedings. In this way a complete and actual picture of the victim’s situation at this stage of criminal proceedings was presented, which was then compared with the standard of restorative justice. The critical analysis made it possible to identify the shortcomings in the current regulation of the victim’s legal situation and to outline the direction in which the legislator should proceed in order to achieve the standard of restorative justice, which will make it possible to increase the permeability of penitentiary units and thus minimize their total character.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"35 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":"121748186","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":"Zamówienia publiczne w II Rzeczypospolitej","authors":"Radosław Antonów","doi":"10.19195/2300-7249.43.4.18","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.18","url":null,"abstract":"Following Poland’s regaining of independence in 1918, the country had to face a considerable range of challenges virtually at all levels of government functioning. Rebuilding the Polish state involved major expenditure, which, on the one hand, implied raising public resources in a sustainable way, while, on the other hand, the need to prioritizeand use public funds efficiently while implementing public undertakings set by the state. The huge scale of the needs coupled with limited financial resources forced Poland’s government, as it were, to develop suitable legal arrangements in the 1930s. Those measures were designed to spend public funds on the country’s reconstruction in a manner that was efficient, purposeful, economical, and competitive. The key legal measure at that time was the Act of 15 February 1933 on Supplies and Works for the Benefit of the Treasury, Local Government and Public Law Institutions. Moreover, the relevant implementing act was Regulation of the Council of Ministers of 29 January 1937 on Supplies and Works for the Benefit of the Treasury, Local Government and Public Law Institutions. Both acts implemented innovative legal measures in terms of public-service contracts which were in force not only until the outbreak of the Second World War (they were subsequently repealed by the rules established in PRL — Polish People’s Republic), considering that they also provided a basis for the new rules governing public spending implemented after 1990 and set out in the Act of 10 June 1994, Public Procurement Law.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"54 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":"121666501","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":"The Turkmen-style economic development","authors":"W. Nowak","doi":"10.19195/2300-7249.43.4.43","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.43","url":null,"abstract":"The resource-rich and state-led Turkmen economy has grown very fast since the beginning of the twenty-first century. The authorities have produced a number of various programmes and strategies aimed at improving the standard of living of the citizens and achieving sustainable and inclusive development. Officially, nearly 80% of the national budget in Turkmenistan has been annually allocated for social needs. However, instead of creating opportunities and improving access to these opportunities for the citizens, the authoritarian government chose income redistribution and social spending. The paper identifies key features of the economic development in Turkmenistan and was written base on a critical analysis of state-controlled and independent news websites. The main feature of the Turkmen-style economic development is the growing deprivation of ordinary people. Poor citizens are getting poorer while the president’s relatives and patronage networks are getting richer. Huge gaps between the rural and urban population and tribal divisions have been observed in the country. Moreover, the Soviet-style work holidays continue. Despite significant improvements in infrastructure, provision for education and health care still remains poor in Turkmenistan. The government expenditure for social needs means investment in infrastructure, not human capital.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"211 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":"133050608","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":"Ubezpieczenia ustawowe w PRL jako instytucja ubezpieczeń w gospodarce centralnie planowanej","authors":"E. Wójtowicz","doi":"10.19195/2300-7249.43.4.15","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.15","url":null,"abstract":"The article concerns the issue of compulsory insurance known in the period of the Polish People’s Republic, which was created by the law itself — the so-called statutory insurance. The basic methods used are the legal-dogmatic method and the descriptive method, the study of legal literature, and the analysis of legal acts and jurisprudence, mostly of a historical nature. Statutory insurance functioned from the 1950s until the end of the 1980s in a centrally planned economy, being specific to the so-called socialist insurance. The insurance relationship concluded by the operation of law could exist in a monopoly situation — in the different categories of insurance there was only one state insurer. In the literature and jurisprudence of the time, the statutory insurance relationship was usually classified as a civil law relationship. Such an assessment, however, raises doubts due to the number of public-law elements occurring in this type of insurance. Statutory insurance was an artificial insurance element, serving fiscal purposes.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"42 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":"125384183","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":"Sędziowie sądów specjalnych III Rzeszy i ich „zdrowe poczucie narodowe”","authors":"W. Kulesza","doi":"10.19195/2300-7249.43.4.20","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.20","url":null,"abstract":"German lawyers jointly supported the National Socialist authorities, assuming that the law was Hitler’s will, resulting from the new criminal law being introduced, which violated the principles of nullum crimen sine lege and nulla poena sine lege. Judges of special courts (Sondergerichte) in the Third Reich applied criminal law according to a “healthy national sense” (das gesunde Volksempfinden), which usually meant heavy penalties, contrary to the elementary sense of justice. It was adopted as a rule that a crime is not only what is forbidden by regulations, but also everything that the authorities have not consented to. For any behaviour, even if not prohibited by law, the judges could sentence defendants to draconian punishments, at their “national discretion.” Law professors justified the lawlessness created in the Third Reich by claiming that it was a rule of law (Rechtsstaat). The criminal law for Poles and Jews of 1941 provided for the death penalty for all manifestations of “hostile attitude” towards the German occupier. Polish forced labourers in the Reich were punished with death for violations of discipline and disobedience to the German oppressors. Poles displaced from occupied Poland were assigned to work in enterprises and farms in the Reich. The special court in Breslau sentenced to death a Pole who defended his pregnant beloved woman, forced to work beyond her strength and abused by the German housewife, as well as the unfortunate woman herself. The same court sentenced a Pole to death for trying to protect his 13-year-old son from a German farmer, who was forcing the child to perform work he was physically unable to carry out. Special-court judges continued their professional careers in West Germany after the war and did not bear any responsibility for their crimes.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"90 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":"129804370","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":"Prokurator jako organ nadzoru penitencjarnego — od pełnej kontroli do utraty pozycji organu postępowania wykonawczego","authors":"Tomasz Kalisz","doi":"10.19195/2300-7249.43.4.37","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.37","url":null,"abstract":"This paper discusses the evolution of the position and role of the prosecutor in the course ofshaping the institution of penitentiary supervision. Penitentiary supervision is the process of examining (controlling) the activities of the bodies established to carry out isolation measures, combined with the possibility of assistance, influence and modification of this activity. In the past, the scope of the prosecutor’s influence on the functioning of the broadly understood criminal justice system was much greater. The evolution from prosecutor supervision, through prosecutor–court supervision, to the current model of only judicial supervision, is an interesting example of a clash between two competing participants in criminal proceedings. Judicial penitentiary supervision has turned out to be more effective, and, above all, it is a guarantee of lawful and humane execution of imprisonment and pre-trial detention. The prosecutor’s supervision, especially in the period after the adoption of the 1969 Executive Penal Code, did not enjoy the same prestige as that of a judge. Prosecutors are not an independent body like judges and it was difficult to consider their decisions fully impartial. The study is a historical analysis. The time range is determined by two important normative regulations. The beginning is the decree of the Chief of State of 8 February 1919 on temporary prison regulations, where the term penitentiary supervision (performed only by a prosecutor) appears for the first time in Polish legislation. The closing date is the adoption on 6 June 1997 of the Executive Penal Code, introducing only judicial penitentiary supervision and removing it from the scope of prosecutors’ powers.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"50 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":"132697444","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":"Wpływ władzy totalitarnej na sposoby regulacji polskiego prawa gospodarczego","authors":"L. Siwik","doi":"10.19195/2300-7249.43.4.31","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.31","url":null,"abstract":"In the current legal order there are two ways of regulating economic law. According to the dualist concept, economic relations are treated as separate from civil law relations, while, according to the principle of the unity of civil law, the aspects of economic turnover are a specialized part of civil law. In Poland, the dualist concept was replaced under communist authoritarian rule by the principle of the unity of civil law in order to emphasize the low usefulness and lack of practical relevance of economic turnover, which was replaced almost entirely by socialized turnover conducted by economic units with state status. Despite the departure from totalitarian rule and in the current system of social market economy, the principle of the unity of civil law has persisted. The paper shows that the principle of the unity of civil law, although instrumentally treated by authoritarian governments, has a number of advantages that allow it to function successfully in the conditions of freedom of entrepreneurship in the European Union and in the face of political changes that took place in Poland at the turn of the twenty-first century.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"21 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":"132055248","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":"Obowiązek posiadania dowodu osobistego i funkcje dowodów pod rządami dekretu z dnia 22 października 1951 roku o dowodach osobistych oraz w czasach współczesnych","authors":"K. Tomaszewska","doi":"10.19195/2300-7249.43.4.13","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.13","url":null,"abstract":"The fulfilment of basic civic duties has always entailed the need for individuals to bear certain responsibilities. Their weight varies depending on the content of the obligation itself and the political system of the state in which the obligation is fulfilled. Such a claim is fully justified if we consider the obligation to have an identity card, defined by the content of the Decree of 22 October 1951 and the Act of 6 August 2010 on Identity Cards. The analysis of the above-mentioned regulations allows for: emphasizing the obligation’s character as a basic civic duty, recalling the differences in the actual occurrence and social perception of ailments related to the implementation of the obligation to have an identity card in the times of the Polish People’s Republic and in the 21st century, while referring to the similarities and differences resulting from the visual aspects and functionality of contemporary and historical ID cards.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"4 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":"134638112","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":"Niemiecka doktryna i judykatura wobec problemu odpowiedzialności karnej „sprawców zza biurek” — uwagi na tle koncepcji „Organisationsherrschaft”","authors":"D. Gruszecka","doi":"10.19195/2300-7249.43.4.24","DOIUrl":"https://doi.org/10.19195/2300-7249.43.4.24","url":null,"abstract":"The aim of the paper is to present the concept of Claus Roxin’s Organisationsherrschaft as an alternative to attributing criminal responsibility for crimes committed by Nazi “desk murderers.” This concept arose against the background of criticism, after the trials of Adolf Eichmann and Bohdan Stashynsky, of the particularly low number of convictions in similar cases and the numerous omissions of the entire German justice system. Under West German criminal law, a distinction made between those who order murder and those who commit murder on their own initiative meant that the above-mentioned perpetrators who passed on orders from above could only be found guilty of accessory to murder. The novelty of Roxin’s views, however, consisted in an attempt to combine the previous only individualistic perspective of criminal law with the idea of mass, bureaucratic murders. The traditional system of individual attribution of responsibility, as applied for ordinary criminality characterized by the individual commission of single crimes, must be adapted to the needs of collective responsibility, in which the organization (for example, an administrative structure) as a whole serves as the entity upon which attribution of criminal responsibility is based. The first part of the text discusses the main lines of argumentation presented by the West German jurisprudence in cases concerning high-ranking members of the state power apparatus of the Third Reich. At the same time, efforts were made to emphasize the lack of homogeneity of legal solutions presented in national criminal jurisdiction in West Germany and their unacceptable consequences. The second part is devoted to the basic theoretical assumptions of the doctrine of Organisationsherrschaft and its significance for the perception of the boundary between perpetration and participation in German criminal law. The third part briefly presents the contemporary reception of Roxin’s thought, as well as the main points of his criticism, indicating, however, how important it was to effectively prosecute decision-makers from the power apparatus of the Third Reich.","PeriodicalId":173985,"journal":{"name":"Studia nad Autorytaryzmem i Totalitaryzmem","volume":"90 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":"134154130","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}