Studia Iuridica Lublinensia最新文献

The Legal Position of the National Bank of Poland as a Guardian of the Value of Money in the Light of Normative Determinants of Monetary Order 从货币秩序的规范性决定因素看波兰国家银行作为货币价值守护者的法律地位

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.279-303

Marian Zdyb

{"title":"The Legal Position of the National Bank of Poland as a Guardian of the Value of Money in the Light of Normative Determinants of Monetary Order","authors":"Marian Zdyb","doi":"10.17951/sil.2023.32.3.279-303","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.279-303","url":null,"abstract":"The article concerns an issue of great significance from the point of view of contemporary challenges. The primary objective is to identify problems and legal instruments which are of fundamental importance in the perspective of the central bank’s tasks concerning the protection of the value of money and the maintenance of a stable price level, as defined in the Act on the National Bank of Poland (the NBP) and in Article 227 (1) of the Polish Constitution. In this context, it is important to understand the problem of the value of money in general and to give due consideration to the legal status of the NBP in the context of building monetary order and the legal possibilities of its operation in this area. Undoubtedly, an important attribute of the NBP is its legally guaranteed independence from all state authorities and the formulation of its basic forms of action within the framework of the legal system. Fundamental to the problem identified in the title of this article is undoubtedly an understanding of the basic legal instruments used by the NBP to protect the value of money. These include in particular: the determination and implementation of monetary policy, the prevention of excessive inflation and the increase in the prices of goods and services, as well as the use of interest rates in the process of stabilizing the value of money and price formation. The question of issuing money, especially when we are dealing with money overprinting, becomes a separate problem. In conclusion, it should be stated that concern for monetary order is an essential element in building the foundations of economic, financial, social and legal order in the state. The work uses primarily the dogmatic method and, to a lesser extent, other methods as well.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295616","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

Land Valuation Methods in Land Consolidation Proceedings vs. Implementation of the Purpose of Land Consolidation as Specified in the Land Consolidation and Exchange Act of 1982 in Rural Poland 土地整理程序中的土地估价方法与波兰农村1982年《土地整理与交换法》中规定的土地整理目的的实施

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.125-146

Dorota Wilkowska-Kołakowska

{"title":"Land Valuation Methods in Land Consolidation Proceedings vs. Implementation of the Purpose of Land Consolidation as Specified in the Land Consolidation and Exchange Act of 1982 in Rural Poland","authors":"Dorota Wilkowska-Kołakowska","doi":"10.17951/sil.2023.32.3.125-146","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.125-146","url":null,"abstract":"Correct spatial structure of agricultural land is one of the key conditions of efficient farming and enables the use of advanced farming technologies. In Poland, land consolidation is regulated by the Land Consolidation and Exchange Act of 1982 and is intended to improve the spatial structure of farmland. Land valuation is a key part of this, as it determines the compensation that is offered to stakeholders whose lands are diminished in land consolidation. However, in Poland, various land valuation methods are used. The article examines relevant documents obtained from all county offices (starosties) involved in consolidations in 2017–2020, such as minutes of meetings of land consolidation participants and their resolutions on adopting land valuation principles. The analysis reveals that the current land valuation methods in the consolidation process do not ensure the achievement of the main aim of land consolidation, which is to provide better conditions for farming by way of improving the spatial structure of farmland. This is primarily because the land valuation methods employed value land below current market prices. Based on this finding, some legal amendments are proposed related to land valuation that are more suited to the needs of the land consolidation process. The desirable modifications include, among other things, rejecting the decisive role of public bodies to the benefit of professional valuation done by registered property appraisers. In this regard, two variants of amendments to Article 11 of the Land Consolidation and Exchange Act are proposed.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295621","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 Medievalist Approach to the Idea of Peace Based on the Example of the Doctrine of Marsilius of Padua 以帕多瓦的马西利乌斯学说为例，探讨中世纪的和平思想

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.111-124

Małgorzata Łuszczyńska

引用次数: 0

Transnational Aspects of Punitive Memory Laws Evidence from Germany, Poland, and Israel 惩罚性记忆法的跨国视角——来自德国、波兰和以色列的证据

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.75-88

Teresa Gardocka, Dariusz Jagiełło, Klaus Bachmann

引用次数: 0

The Development of Mediation in Poland and Ukraine: A Comparison and Prospects for Experience Exchange 波兰与乌克兰调解的发展:比较与经验交流展望

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.89-109

Anna Kalisz, Alina Serhieieva

引用次数: 0

The COVID-19 Pandemic and Elderly People’s Rights to Social Security and Health Protection 新冠肺炎大流行与老年人的社会保障和健康保护权利

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.185-199

Urszula Soler, Monika Adamczyk

{"title":"The COVID-19 Pandemic and Elderly People’s Rights to Social Security and Health Protection","authors":"Urszula Soler, Monika Adamczyk","doi":"10.17951/sil.2023.32.3.185-199","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.185-199","url":null,"abstract":"The SARS-CoV-2 coronavirus pandemic brought to light certain deficiencies in the social security infrastructure which should guarantee social security for all Polish citizens while ensuring, in particular, the possibility of exercising the right to health protection and social services for functionally disabled people. The pandemic became a “detonator” revealing, both in the scientific and public discourses, problems connected with the effective exercise of the rights to social security and health protection vested in elderly people, including those with functional disabilities. The article notably focuses on two areas of social life in which compliance with fundamental rights related to the dignity of a human being is linked to the respect and observance of rights related to the functioning of a specific age group – people over 60 years of age. The pace of demographic changes is not without impact on the quality of life of elderly people. The article attempts at outlining the problems triggered by the demographic changes taking place in Polish society and at indicating the legal context, often related to the specific needs of senior citizens, or, more accurately, to the failure to satisfy these needs. The purpose is to shed light on the social dimension of respecting elderly people’s rights to social support in the form of providing access to social security and health care institutions during the COVID-19 pandemic. The questions asked are: Are elderly people’s rights to social security and adequate health protection respected in Poland? Did the outbreak of the COVID-19 pandemic improve or worsen the situation in Poland in this regard?","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295757","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 Doctrine of Discovery and Rule of Capture: Re-Examining the Ownership and Management of Oil Rights of Nigeria’s Indigenous Peoples 发现原则和捕获规则:重新审视尼日利亚土著人民石油权利的所有权和管理权

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.253-277

Ikechukwu P. Ugwu

{"title":"The Doctrine of Discovery and Rule of Capture: Re-Examining the Ownership and Management of Oil Rights of Nigeria’s Indigenous Peoples","authors":"Ikechukwu P. Ugwu","doi":"10.17951/sil.2023.32.3.253-277","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.253-277","url":null,"abstract":"The aim of the article is to examine the theories that underpin the ownership and management of oil rights in Nigeria and the need for a new ownership model. The economy of Nigeria is majorly supported by revenues from natural resources, especially crude oil. With the downturn in the country’s economy, the Nigerian Federal Government recently embarked on a series of crude oil discoveries to increase revenue despite the unresolved violations of human rights of the indigenous peoples and environmental abuses committed during oil exploration in the Niger Delta region of the country. The Nigerian government finds justification for this uncontrolled exploration of natural resources in the doctrine of discovery and the rule of capture. The author argues that basing the right of the Nigerian Federal Government to explore natural resources on the two doctrines has negative implications on the rights of indigenous peoples in Nigeria and environmental protection, and is a continuation of the philosophies behind colonialism. Therefore, the article examines the doctrine of discovery, the rule of capture, the colonial philosophies of property rights, and the legal regime regarding ownership of natural resources in Nigeria. It suggests a hybrid ownership model where ownership is shared between indigenous groups and the government.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295623","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

Bicameralism in Slovenia throughout a Three-Dimensional Approach 斯洛文尼亚的两院制贯穿于三维方法

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.63-74

Dušan Štrus, Boštjan Brezovnik

引用次数: 0

Legal Aspects of Taxation of Offshore Wind Farms in Poland 波兰海上风电场税收的法律问题

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.219-236

Krzysztof Teszner

引用次数: 0

Convergence of International Humanitarian Law and International Human Rights Law in Armed Conflicts 国际人道主义法和国际人权法在武装冲突中的趋同

Studia Iuridica Lublinensia Pub Date : 2023-09-29 DOI: 10.17951/sil.2023.32.3.237-252

Krzysztof Orzeszyna

{"title":"Convergence of International Humanitarian Law and International Human Rights Law in Armed Conflicts","authors":"Krzysztof Orzeszyna","doi":"10.17951/sil.2023.32.3.237-252","DOIUrl":"https://doi.org/10.17951/sil.2023.32.3.237-252","url":null,"abstract":"The article concerns the convergence of international humanitarian law and international human rights law in armed conflicts. International humanitarian law and human rights law converge and permeate each other because both these disciplines of public international law are founded on natural law. Although international humanitarian law constitutes a lex specialis, the general rules on the interpretation of treaties clearly indicate that international human rights law must be interpreted in the context of other rules of international law, and its derogations, if any, must be compatible with other international obligations of the state, including with humanitarian law. Where a conflict arises between international humanitarian law and international human rights law, the mechanism for resolving conflicts between norms has been supplemented by the International Court of Justice by applying an interpretation based on the principle of systemic integration, resulting in the “humanization” of international humanitarian law. As regards the application of universal and regional instruments of international human rights law, we face a “humanization” of them. That is why more and more attention is paid in practice to the complementarity of international humanitarian law and international human rights law, and this is confirmed in United Nations discussions and resolutions on the situation in armed conflicts.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135295618","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