Krytyka Prawa最新文献

{"title":"Russia’s Military Invasion of Ukraine in 2022: Aim, Reasons, and Implications","authors":"V. Fedorenko, Maksym Fedorenko","doi":"10.7206/kp.2080-1084.506","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.506","url":null,"abstract":"The publication examines the legal nature of wars, looks into the law of war genesis, reviews its conventions, as well as identifies the aim, objectives, causes together with the consequences of Russia’s military aggression on February 24, 2022; it provides a testimony on the war of aggression against Ukraine and identifies its threats to post-war international law and order. The aim of the article is to determine the background, nature, fundamentals and nature of the war the Russian Federation launched on February 24, 2022 against Ukraine within the context of confrontation with the values of Western democracy. Historical-legal dialectical, comparative-legal and system-structural methods, as well as methods of formal logic (induction and deduction, analysis and synthesis, abstraction and concretization, etc.) were used to study the issues. The application of these research methods entails a cross-sectoral scientific nature. Wars have accompanied the entire history of mankind. Since the 17th century the theoretical foundations of the law of war have been laid, which enshrined in international laws and customs of warfare (Geneva Conventions, Hague Convention, etc.) since the 19th century, thus forming the international humanitarian law. After World War II, violations of the latter by the belligerent party are viewed by the world community no less harshly than the mere war. The paper questions the purpose, reasons, conditions and intermediate consequences of the war of the Russian Federation against Ukraine. Obviously, the military aggression and the Russian invasion on February 24, 2022 marked the beginning of the de facto war, under a specific formal definition by a Russian official as a “special military operation” instead of naming it an attempt to avoid legal responsibility for war crimes committed in Ukraine. The article analyses the aggressive nature of this war on the part of the Russian Federation, demonstrates numerous violations of international law conventions by the Russian armed forces during the military invasion and temporary occupied territories in Ukraine. It emphasizes that the law of war has always been replaced by signing a peace treaty and relevant international agreements, which entails the obligation to severe the political, economic, and legal responsibility of the state violating international humanitarian law. The paper reviews the key institutions and legal tools for bringing the Russian Federation authorities to justice for the war crimes committed in Ukraine. So far, the President of Ukraine, the Supreme Council of Ukraine, and the Cabinet of Ministers of Ukraine have managed to apply legitimate international legal mechanisms, primarily the International Criminal Court and the UN Security Council, to prosecute Russia for violating the international humanitarian law and committing war crimes in Ukraine. At the same time, on the Ukrainian territories currently liberated from the Russian army’s occupation (Bucha, Gostomel","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43369018","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":"Cyfryzacja ochrony zdrowia a konieczność wprowadzania nowych rozwiązań prawnych","authors":"Ewa M. Kwiatkowska","doi":"10.7206/kp.2080-1084.513","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.513","url":null,"abstract":"The necessity of providing healthcare to citizens is one of the basic principles of every state, regulated by provisions of national, EU or international law and comple-mented by soft law. Civilisational changes and technological advancement make it possible to develop new healthcare tools and services (i.a. telemonitoring, telecon-sulting, telerehabilitation and electronic medical documentation). The COVID-19 pandemic greatly emphasised the need to provide such services. The wide use of e-health, however, which may be a remedy for numerous problems that the health-care sector is wrestling with, requires securing the rights of those who are not digitally included, especially the elderly. The prevalence of various degrees of digital exclusion, not only among the elderly, makes these issues socially significant and they should be solved by law. The purpose of the article is an initial analysis of the validity of developing e-health services in the ageing society in Poland and a presentation of proposals for adjusting legal solutions as regards the use of digital tools in healthcare to the changing reality.","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43965399","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 treści czynności konwencjonalnych w prawie","authors":"Karolina Gmerek","doi":"10.7206/kp.2080-1084.510","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.510","url":null,"abstract":"The purpose of the article is to accomplish several complementary research tasks. First, the issue of sources of the content of conventional acts in law is discussed. Then, detailed issues regarding the content of conventional acts in law are presented against the background of dogmatic and legal reflections as well as problems related to the identification of conventional acts. Additionally, the author makes an attempt to determine the ways of understanding ‘the content (of conventional acts in law)’ in particular legal sciences. The research results presented in the article (apart from their cognitive value) are supposed to serve the development of the general theoretical concept of conventional acts in law, as well as to organise the dogmatic and legal discussion on the titular issue as much as possible.","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42340063","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":"Evaluative Concepts of the European Convention on Human Rights: Current Issues of Application as Exemplified by Article 6","authors":"V. Kosovych, Taras Pashuk","doi":"10.7206/kp.2080-1084.507","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.507","url":null,"abstract":"The article is devoted to the study of the correct application of the evaluative concepts contained in the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms. Attention is drawn to certain difficulties in the application of the evaluative norms in the Convention: despite their objective necessity and usefulness, they create a room for the law enforcement entity’s own discretion up to subjectivism in resolving specific cases; they serve as an objective obstacle to the unification of the case law of the ECtHR and this creates preconditions for unequal implementation of ECtHR judgments in the national legal order; they cause the risk of errors in the application of the provisions of the Convention by the competent authorities of the Contracting States. It is established that the application of legal norms containing evaluative concepts is challenging not only owing to the specific properties of the evaluative concepts themselves, but also due to the peculiarities of adjudication by the ECtHR when applying the evaluative norms. The relevant case law of the ECtHR as well as examples of national legislation are analysed in support of these theoretical conclusions. Since the lack of uniform application of the evaluative norms of the Convention causes divergent use of the ECtHR’s judgments in the domestic judicial system, it is advised to follow a number of rules for reasoning of decisions by the domestic court. These rules will serve as a certain guarantee against ambiguous implementation of ECtHR judgments at the national level.","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48892150","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":"Prawne uwarunkowania postępowania z odpadami w Polsce w okresie epidemii COVID-19","authors":"A. Modrzejewski","doi":"10.7206/kp.2080-1084.492","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.492","url":null,"abstract":"","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49443797","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":"Glosa do wyroku NSA z dnia 20 lutego 2020 r., II GSK 3744/172","authors":"A. Lipiński","doi":"10.7206/kp.2080-1084.502","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.502","url":null,"abstract":"","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41375057","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":"Zastępcza zgoda sądu na wykonanie szczepienia przeciwko COVID-19","authors":"Karolina Komarnicka-Boberska, Mariusz Ulman","doi":"10.7206/kp.2080-1084.491","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.491","url":null,"abstract":"","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48718557","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":"Szczególne kompetencje wojewody w okresie obowiązywania stanu zagrożenia epidemicznego albo stanu epidemii ogłoszonego z powodu COVID-19","authors":"Wojciech Drobny","doi":"10.7206/kp.2080-1084.490","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.490","url":null,"abstract":"","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41823660","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":"Democracy as a Tool of Interaction between State and the Public While Counteracting Epidemics: from Antiquity to the COVID-19 Coronavirus Pandemic","authors":"Vledislav Fedorenko, V. Nesterovych, T. Fedorenko","doi":"10.7206/kp.2080-1084.489","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.489","url":null,"abstract":"The article examines theoretical and practical problems concerning the realisation of participatory democracy’s potential for forming and implementing state policy on counteracting epidemics. The article is aimed at the study of participatory democracy as a tool of state’s interaction with the public while counteracting epidemics throughout history, from antiquity to the COVID-19 coronavirus pandemic. Comparative, comparative legal, systemic-structural, dialectical, historical and other scientific methods have been employed to examine the issues discussed in the article. The application of the aforementioned methods is conducted on the interdisciplinary scientific basis. © 2021 Authors.","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42754653","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":"Perspektywy dla informacji w administracji. Kierunki zmian w dostępie i ponownym wykorzystywaniu informacji publicznej","authors":"Łukasz Nosarzewski","doi":"10.7206/kp.2080-1084.498","DOIUrl":"https://doi.org/10.7206/kp.2080-1084.498","url":null,"abstract":"","PeriodicalId":36398,"journal":{"name":"Krytyka Prawa","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45744370","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}