Law and Administration in Post-Soviet Europe最新文献

Participation in a Limited Liability Company as an Element of Marital Property 参与有限责任公司作为夫妻财产的组成部分

Law and Administration in Post-Soviet Europe Pub Date : 2020-04-01 DOI: 10.2478/lape-2020-0003

C. Małozięć

引用次数: 0

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights 从《欧洲人权公约》第2条义务看斯摩棱斯克悲剧的死后问题

Law and Administration in Post-Soviet Europe Pub Date : 2020-04-01 DOI: 10.2478/lape-2020-0001

Agnieszka Wedeł-Domaradzka

引用次数: 0

Standards of Investigation Under Article 2 of the European Convention on Human Rights and Investigations of Incidents of Historic Significance 《欧洲人权和调查具有历史意义的事件公约》第2条规定的调查标准

Law and Administration in Post-Soviet Europe Pub Date : 2020-04-01 DOI: 10.2478/lape-2020-0004

M. Binienda

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The Requirements Deriving from the Procedural Aspect of Art. 2 of the European Convention of Human Rightsin the Context of Polish and Russian Investigation Regarding the Air Crash of Polish Air Force Tu-154 in Smolensk 《欧洲人权公约》第2条程序方面的要求——以波兰和俄罗斯调查波兰空军图-154在斯摩棱斯克坠毁事件为背景

Law and Administration in Post-Soviet Europe Pub Date : 2020-04-01 DOI: 10.2478/lape-2020-0006

Jakub Czepek

{"title":"The Requirements Deriving from the Procedural Aspect of Art. 2 of the European Convention of Human Rightsin the Context of Polish and Russian Investigation Regarding the Air Crash of Polish Air Force Tu-154 in Smolensk","authors":"Jakub Czepek","doi":"10.2478/lape-2020-0006","DOIUrl":"https://doi.org/10.2478/lape-2020-0006","url":null,"abstract":"Abstract The main aim of this analysis is the synthetic reconstruction of the standards of European Court of Human Rights concerning the procedural aspect of the right to life, and particularly the obligation of conducting an effective investigation in the context of the Polish Air Force Tu-154 air crash in Smolensk on 10th April 2010. The right to life in the system of the European Convention of Human Rights has a particular character. It derives mostly from its paramount importance. Due to the character of the sphere guaranteed by the right to life, the European Court of Human Rights notices the need of protecting it, both in material and procedural aspect. This is also the reason why article 2 of the ECHR is backed up by the wide variety of positive obligations. The standards of article 2 of the ECHR and state’s positive obligations in this respect are fully applicable in relation to the air crash of the presidential Tu-154. State’s obligations focus on both material and procedural aspect of incident causing death. The air crash of Tu-154 concerns particularly the obligation to conduct adequate and effective official investigation. This obligation concerns both Polish and Russian authorities. The main aim of this research is to analyse which obligations are applicable in respect of this particular air crash.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130336186","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

Responsibility of Russia and Poland for the Smolensk Catastrophe from the Perspective of European Convention on Human Rights 从《欧洲人权公约》角度看俄罗斯和波兰对斯摩棱斯克灾难的责任

Law and Administration in Post-Soviet Europe Pub Date : 2020-04-01 DOI: 10.2478/lape-2020-0002

T. Jasudowicz

{"title":"Responsibility of Russia and Poland for the Smolensk Catastrophe from the Perspective of European Convention on Human Rights","authors":"T. Jasudowicz","doi":"10.2478/lape-2020-0002","DOIUrl":"https://doi.org/10.2478/lape-2020-0002","url":null,"abstract":"Abstract Smolensk Catastrophe is not only about the question of clarifying facts, but also the one of responsibility stemming from them on the grounds of European Convention on Human Rights, and being more precise from its art. 2: The right to life. The article includes both negative obligations, such as the prohibition of depriving an individual of life, as well as positive ones regarding the establishing of effective regulations in criminal law, providing legal and administrative procedures aiming at e.g. preventing the acts of life deprivation, including the ones referring to procedural obligations concerning the conduct of a proper and effective investigation. Responsibility is shared by both parties of the Convention: Russia and Poland. The first of them ought to be responsible for depriving the Catastrophe casualties of their lives, not only in the event of an attack and explosion, but also in the context of TU 154 renovation, the manner of organizing the visit, dividing it between 7th and 10th April 2010, the level of securing the quality of service at the North Smolensk airport, conducting the investigation and keeping the evidence (the wreck, black box, etc.), which made it impossible for Poland to conduct the effective investigation. Poland, on the other hand, is responsible for the lack of applying appropriate legal and administrative procedures, as well as preventive and controlling measures, inappropriate conduct of aviation investigation by Military Prosecutor Office, as well as the lack of an effective investigation indicated in art. 2 of the Convention. Poland ought to be held responsible also for the manner of organizing the visit. The responsibility of a state on the basis of the Convention includes detecting, pursuing and punishing individuals responsible for actions and cessations determined as a punishable offence of negligence and not fulfilling ones duties. Therefore there certainly was the situation of breaching the material and procedural obligations stemming from art. 2 of the Convention.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126571589","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

Constitution, Ethos and Change of Life in Common: Some Introductive Reflections on the Example of Icelandic Constitutional Project 宪法、民族精神与共同的生活变迁——对冰岛宪法工程范例的一些引导性思考

Law and Administration in Post-Soviet Europe Pub Date : 2019-12-01 DOI: 10.2478/lape-2019-0006

P. Policastro

{"title":"Constitution, Ethos and Change of Life in Common: Some Introductive Reflections on the Example of Icelandic Constitutional Project","authors":"P. Policastro","doi":"10.2478/lape-2019-0006","DOIUrl":"https://doi.org/10.2478/lape-2019-0006","url":null,"abstract":"Abstract The Icelandic constitutional movement was created to address and develop a new constitutional form based upon transparency, responsibility and participation. Taking into consideration the events, which took place in 2008 this expectation appeared more than legitimate. Furthermore, the quality of the debate, which took place within the civil society and in the cooperation between civil society and Constitutional Council, are very meaningful elements supporting a genuine possibility of change. The aim of implementing a participation-based constitution may lead to the diversification of the Icelandic project with respect to the typology of the existing constitution. This may produce as a result the development of new checks and balances. For this reason the development of public local services may be an opportunity to develop a social balance with respect of the constitution in force, as well as a living constitution starting from below. In this way the values purported by civil society may lead to higher levels of political freedom and finally to the approval of a new constitution. To keep the Icelandic process communicatively open in a transnational perspective may thus permit other persons to contribute to the development of Icelandic democracy. It may furthermore offer the Icelandic example as a useful tool that could be used by many world societies aiming to implement transparency, responsibility and participation in their public life. Indeed, even though the Constitutional Bill of 2011 will not finally be validly approved as the Icelandic constitution, the problems that it posed, and the possibilities that we see are stemming from them, have in our opinion a general importance for constitutional reflections.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115459368","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 Constitution – Chosen Premises Justifying the Need to Introduce Amendments 宪法——选择的前提证明引入修正案的必要性

Law and Administration in Post-Soviet Europe Pub Date : 2019-12-01 DOI: 10.2478/lape-2019-0003

Jacek Przybojewski

引用次数: 0

Constitutional Tribunal in an Argument with the President, Government and Parliament of the Polish Republic in 2015 2015年宪法法庭与波兰共和国总统、政府和议会的争论

Law and Administration in Post-Soviet Europe Pub Date : 2019-12-01 DOI: 10.2478/lape-2019-0005

G. Górski, Joanna Górska-Szymczak

{"title":"Constitutional Tribunal in an Argument with the President, Government and Parliament of the Polish Republic in 2015","authors":"G. Górski, Joanna Górska-Szymczak","doi":"10.2478/lape-2019-0005","DOIUrl":"https://doi.org/10.2478/lape-2019-0005","url":null,"abstract":"Abstract The judicial decision of the Constitutional Tribunal from 3rd December 2015 (K/34/15) is the subject of the analysis. In this case the Tribunal considered the matter of the constitutional character of the act on the Constitutional Tribunal from June 2015. The authors focused on the question of justification of the Tribunal opinion regarding the regulations which were the basis for the appointment of five judges of the Constitutional Tribunal by the Sejm of VII term. While discussing the justification of the Tribunal the authors emphasize that the Tribunal justified its opinion, according to which it acknowledged the constitutional basis for the appointment of three individuals and questioned the constitutional character of the same regulations in case of two others, in an entirely superficial manner. The authors present as a significant element of their reasoning the circumstances of adopting by the American Supreme Court in 1803 the adjudication in the Marbury v. Madison case in order to emphasize in this context the weight of rational and thorough argumentation of the grave constitutional matters. Taking the above into account, it is even more clearly visible that in the discussed judicial decision the Constitutional Tribunal limited its reaction to the laconic set of arguments regarding this key matter.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116829587","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

Immutable Values – Durability of the Constitution from a Historical Perspective and Contemporary 永恒的价值——从历史和当代的角度看宪法的持久性

Law and Administration in Post-Soviet Europe Pub Date : 2019-12-01 DOI: 10.2478/lape-2019-0004

Łukasz Szymański

{"title":"Immutable Values – Durability of the Constitution from a Historical Perspective and Contemporary","authors":"Łukasz Szymański","doi":"10.2478/lape-2019-0004","DOIUrl":"https://doi.org/10.2478/lape-2019-0004","url":null,"abstract":"Abstract On the dogmatic basis, many constitutional classifications stand out, some of them have been functioning for hundreds of years based on a few basic statements, others update in different intervals temporal internal political forces of individual states. Factors influencing the durability of basic legal acts are numerous and diverse. The assumption of the construction of constitutional acts is their durability and rigidity of the rules they regulate. The features of constitutional laws are the invariability of provisions, the scope and detail of regulations, the degree of public involvement in the process of making them, and superiority in relation to other legal acts established by state authorities. It seems impossible to indicate the factors implying the necessity to make changes in the basic acts. However, one may wonder how much influence on their functioning exerts, for example, changes in the system of international forces and international law, ongoing armed conflicts or international integration processes. The aim of the article is to indicate the catalog of factors determining the constitution’s durability as a fundamental legal act in the state. The author would like to answer the question whether it is possible in the rapidly changing modern world to maintain the basic principles from a few or several decades ago. The comparative analysis will be based on the indicated objective of the basic laws of selected countries.","PeriodicalId":244362,"journal":{"name":"Law and Administration in Post-Soviet Europe","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114903634","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

Reverse Discrimination – How Fundamental Rights Might be Changed without Notice 逆向歧视-基本权利如何在没有通知的情况下被改变

Law and Administration in Post-Soviet Europe Pub Date : 2019-12-01 DOI: 10.2478/lape-2019-0008

Natalia Wojtyła

引用次数: 0