bluuebunny/crossref_metadata_2025 huggingface dataset:
De la comunicación no verbal al acto de mediación: „el habitus” en interpretación durante la conquista de América
Authors: Ferreiro Vázquez Óscar
Published: March 2020

From non-verbal communication to the act of mediation: The habitus in interpretation during the conquestand colonization of AmericaThis article describes the origin and evolution of linguistic and cultural mediation in America. The concept of habitus in interpretation is used to describe the communication between different peninsular communities during the 15th century and the exploration of the African coasts. The first type of habitus in interpretation in America is established on the basis of the figure of the Alfaqueque and the so-called silent communication of the Portuguese explorers so as to compare them later on with the first communicative exchanges that occur between the conquerors and the Native American population. It can be deduced from the Chronicles of the conquest and of the American colonization that the habitus in interpretation is born from an act of violence and from a discourse about the Other based on the Western superiority both in faith and in culture.
Narrar la experiencia de la emigración. Los polacos en Misiones Argentina
Authors: Wendorff Anna
Published: March 2020

Narrating the experience of emigration: Poles in Misiones Argentina The object of this study is to analyze how life accounts, histories, and testimonials of the Polish immigration in Misiones, Argentina, are constructed. The methodology employed for the analysis consists of: the ethnographic method, life accounts, biographic perspectives and research inter­views, not only for information concerning the manner, but also the process of putting togeth­er gaffes, according to what Rosana Guber explains in her book La etnografía: método, campo y reflexividad. The corpus of data was formed by Polish residents of the province of Misiones, Argentina. The results of the investigation determined that: their discourse acts as narration and not only as personal stories, constructs new identifying models and still others that refer to their original sources. As a corollary, the “new” identities have their manners of expression which are manifested via a series of discursive forms that characterize the speaker, such as the use of narrations that form an integral part of them. Finally, the conclusion suggests that the presence of the Polish immigrant in the province of Misiones affirms the concept of territorial polyphony and of narrative identities, since we can assume that in the narrative constructions similarly we will find discursive and meta­discursive constructions that propose identifying and historic relationships.
Los polacos del exilio republicano español: Mauricio Amster y Marian Rawicz
Authors: Gijón Mario Martín
Published: March 2020

The Poles of the Spanish Republican Exile: Mauricio Amster and Marian RawiczThis paper presents the lives and works of Mauricio Amster and Marian Rawicz, two Polish Jews born in Lviv, who became the forerunners of the publishing design in Spain. Having fought in the Spanish Civil War, they were forced to exile in Chile, where they continued their decisive and innovative work.
L’oralitat com a origen de la narrativa de Jesús Moncada
Authors: Garcia Fuster Artur
Published: March 2020

Orality as the origin of the narrative of Jesús MoncadaJesús Moncada’s narrative presents an oral substrate in the form of rumours, gossip, grudges or disputes that take place in the little village of Mequinensa, where everyone knows each other. Following the theories of Eric Havelock, Paul Zumthor, and Walter J. Ong, which identify in orality the source of any literary expression, we analyse the evolution of Maquinensan loud secrets and hidden truths into stories and how the skilful writer is able to turn simple anecdotes into great narrative plots. In this paper, several examples from short stories and novels are analysed, and the differences in the role of orality in each genre are described and examined. Furthermore, the role of casual conversation as an oral start-point of Moncada’s stories is highlighted.
Alteracións de [s̺] en coda silábica na Illa de Ons
Authors: Dopazo Entenza José Manuel
Published: March 2020

Variations of the syllabic coda [s̺] in the Isle of OnsThe apparent-time linguistic model allows for an interesting approach to the variation in the speech community of the Isle of Ons throughout three generations in order to describe the phenomena that influence the syllabic coda [s̺]. For this, I have collected thirty-two transcribed recordings with a total of forty-one participants. The issue which attracts my attention in this specific research is the change suffered by wheezing sounds in the syllabic coda position as this marginal place in the syllabic structure is particularly vulnerable to change. I find, therefore, a series of change processes in [s̺], like palatalisation, aspiration, rhotacism, crasis and disappearance. All these processes depend on social factors age, sex, socioeconomic status and language, that define the individuals who contribute to this corpus. This paper will focus on the use that each generation applies to each phenomenon. The results will show that the older generation presents high rates of usage of these processes, which decay as younger generations approach.
Wpływ reformy zdrowotnej w Stanach Zjednoczonych ObamaCare na biznes ubezpieczeniowy
Authors: Jasiński Łukasz , Makowska Marta
Published: March 2020

Impact of the Healthcare Reform in the United States ObamaCare on the Insurance Business The main aim of this article is to present the most significant changes for the insurance business that are the result of the reform made by Patient Protection and Affrodable Care Act commonly known as ObamaCare. The article analyses the specific changes that were introduced into insurance companies activity in order to conform to the requirements of ObamaCare. Moreover, it presents the effects of the changes on the insurers, patients and public institutions.
U źródeł leseferyzmu i subiektywizmu myśli Murraya Rothbarda. Arystoteles, Święty Tomasz, hiszpańscy scholastycy, John Locke i Fryderyk Bastiat jako źródła inspiracji
Authors: Wojtyszyn Radosław
Published: March 2020

Laissez — faire and subjective underpinnigs of Murray Rothbard’s thought. Aristotle, St. Thomas, Spanish scholastics, John Locke and Frederic Bastiat as an inspirationThe subject of this article are origins of the subjectivist view of the economic activity of man, and pre-classic themes of political economy, which are the inspirations for Murray Newton Rothbard and his thought of anarcho-capitalism. These issues, being so rarely subject to scientific interest, are crucial point of reference for classical and neoclassical economics, and laissez-faire in general. Specific influence of natural law on the sphere of economic activity and human condition also implies abroader view of the role of state institutions in the thought of Aristotle, Thomas Aquinas, the scholastics of the Salamanca, John Locke and Frederic Bastiat, who combined the above-mentioned laws of nature and tradition of classical economics with subjectivity, so important in Austrian School of Economics and in anarcho-capitalist thought of Murray Newton Rothbard.
Imperialne interpretacje rewolucji przemysłowej w Anglii
Authors: Machaj Mateusz
Published: March 2020

Imperialistic Interpretations of the Industrial Revolution in EnglandThe article briefly addresses some of the mistaken interpretations of the Industrial Revolution. In each session the following themes are shortly related to the industrial revolution: aristocracy, slavery, banking system and limited liability, public debt, navigation acts, foreign trade and colonies, and public debt. Last section points to the essence of the industrial revolution, which boils down to innovation implementations, beneficial to the massive consumers.
Legal Polycentrism and Contractarianism
Authors: Wiśniewski Jakub Bożydar
Published: March 2020

Legal Polycentrism and ContractarianismAccording to the contractarian perspective, a public good can be thought of as not so much a good that meets the technical neoclassical criteria of non-rivalness and non-excludability, but as one that is produced on a purely contractual basis, thus necessarily increasing the utility of all the involved parties. In this paper, by critically examining Nozick’s “emergent” contractarianism and Buchanan’s teleological contractarianism, I shall argue that no such contractual origin can be plausibly attributed to territorial monopolies of force, and that therefore legal monocentrism — the view that the public goods of law and defense can be provided exclusively by territorial monopolies of force — fails the relevant efficiency test as conceived on a contractarian basis. This, in turn, implies that legal polyce­ntrism, one of whose constitutive features is precisely its unambiguously voluntary and contractual character, should be considered as a superior system in this context.
Międzynarodowe opodatkowanie emerytur — ujęcie modelowe
Authors: Lipniewicz Rafał
Published: March 2020

International taxation of pensions — a model conceptAlong with the changing demographic structure of many countries, especially developed ones, one of the significant social groups are people who receive benefits from old-age security. One aspect of this phenomenon is the issue of taxation of financial benefits received by pensioners in cross-border situ­ations, in particular when during retirement pensions are paid out of afund located in the territory of a different country from the one in which the beneficiary resides tax residence. The taxpayer’s right to tax such pensions is subject to negotiations between states that intend to conclude adouble tax treaty, in which they will allocate tax power in this matter. These agreements are modeled on model conventions developed by the OECD and the UN. The purpose of this article is to analyze the legal, economic and administrative aspects resulting from modeled in the model conventions ways of allocating tax rights between the source of pension payment and the residential country of such a benefit.
Tajemnica zawodowa dotycząca działalności funduszy emerytalnych i jej ochrona karnoprawna
Authors: Płońska Anna
Published: March 2020

Professional secrecy concerning the pension funds activities and its criminal-law pro­tectionThe paper discusses the concept of professional secrecy concerning the pension funds activities and indicates the substance of its criminal law protection. The main thesis of this article is that in the age of intensive economic development, an information, especially professional secrecy, becomes a par­ticularly important legal interest, which requires afar-reaching legal protection which is provided by criminal law provisions. The purpose of this paper is also the analysis of the legal consequences of committing adisclosure or use of professional secrecy offence under the Article 220 of The Or­ganization and Operation of Pension Funds Act of August 28th, 1997. The scientific method used in this paper is adogmatic analysis of law.
Możliwości i perspektywy ekumenicznej posługi duchownych wobec chorych w warunkach hospitalizacji
Authors: Froniewski Jacek
Published: March 2020

Possibilities and prospects of ecumenical priestly ministry to the sick under hospitalizationThe paper shows the range of possibilities of ecumenical service of priests to the sick of other Christian denominations. In Poland it is a problem which has been growing in the face of contemporary migration movements. Nowadays the chaplain in his service in hospitals much more often encounters the faithful of other denominations. Also medical science clearer and clearer sees in patients care a whole range of determinants linked to their denomination, on which often depends their perception of the quality of medical services they are offered. On the other hand, the knowledge on this subject continues to be little, and still quite often prejudices can be encountered which have been developing historically. Because of the peculiarity of the Polish conditions, where Catholicism is the predominant denomination, the starting point for developing the question will be determinants resulting from the canon law, which define from the Catholic side the range of possible service to the sick of other denominations. Also a synthesis of respective possibilities from the Orthodox and protestant sides will be presented. Next, by means of an analysis of liturgical books, the most appropriate forms of the priest service to the sick which are possible on the ecumenical ground will be indicated and prospects of their development outlined.
Analiza porównawcza jakości życia seniorów w wybranych krajach Unii Europejskiej
Authors: Sawicz Katarzyna
Published: March 2020

Comparative ana lysis of the quality of life of seniors in selected countries of the European UnionFor more than twenty years, the number of elderly people in Europe has been increasing. This process is called “the graying of the continent”. The aging of societies raises many problems of a medical, social and economic nature. On the other hand, the increase in the quality of life of seniors caused less spending on medical and social care.The article attempts to analyze the quality of life of seniors in selected countries of the European Union. The level of quality of life was examined in economic aspect. Particular attention is paid to the health of the population in selected EU country and the level of poverty. The article indicates countries with the highest quality of life of the elderly and countries in which the quality of life of seniors is low.
Skutki przewalutowania kredytów denominowanych we franku szwajcarskim na Węgrzech
Authors: Sieńko-Kowalska Beata
Published: March 2020

The effects of currency conversion in Swiss francs in HungarySubsequent legislative actions were taken in Hungary in 2010–2015 in order to successively eliminate denominated in foreign currency loans from the market and thus gradually contribute to a reduction in the indebtedness of Hungarians resulting from the mortgage loans in Swiss francs and other currencies drawn in masses during the recent years. The Hungarian legislators gradually, through prohibiting the banks to employ practices unfavorable for the customers currency spreads, unilateral increase in interest rates on loans arrived at the automatic conversion of denominated foreign currency loans to the domestic currency, i.e. the forint. The mechanism implemented in Hungary, consisting in automatic loan conversion at the current rate, was a compromise, as it encumbered not only the banks, but also the borrowers. The latter were held responsible for the increase in the exchange rate of the currency the Swiss franc, but they received compensation in the form of reimbursement of the amounts overpaid due to the unfavorable practices employed by the banks. Thus, the solution implemented in Hungary was to preserve the symmetry between the customers and the banks, since the mechanism of automatic conversion at the current rate as such resulted in the customers have been owning more forints after the conversion than on the date of entering into the loan agreement with the bank. As a result, the first effects of the conversion were fairly neutralized, however the subject has certainly not been exhausted.
Sovereign Money
Authors: Dressler Torben
Published: March 2020

Sovereign Money The aim of this paper is to point out the commonalities and differences between the two currency reform approaches “100% Money” and “Sovereign Money”. The definition of “100% Money” was taken from Irving Fisher, the definition of “Sovereign Money” from Joseph Huber. The biggest commonality of these two approaches is the aim to end or to ease financial crises, the biggest difference is the way this money gets booked. This paper is interesting for students and teachers of finance, especially if they are experts in money theory.
Nowe technologie w systemie ochrony zdrowia na przykładzie Stanów Zjednoczonych i Polski
Authors: Cuda Anna
Published: March 2020

New technologies in healthcare systems based on the examples of the US and PolandThe main purpose of this paper is to present the level of new technologies implementation in the healthcare systems in US and Poland. New technologies play a crucial role in everyday life, including healthcare. Medical documentation and easy access to potentially life-changing or lifesaving information are extremely important for all the stakeholders in the healthcare system — its preparation, archiving and effective use in real time upon request may be supported by advanced systems. IT systems may improve security, medical services quality and efficiency of medical treatment, regardless of the type of healthcare system — private in the US and public in Poland. The results of surveys conducted by the American Society of Health-System Pharmacists and the Polish Centrum Systemów Informacyjnych Ochrony Zdrowia [Center of Healthcare Information Systems] have been used in this paper.
Mnożnik kreacji pieniądza – pojęcie, ograniczenia i krytyka
Authors: Kresak Michał
Published: March 2020

Money multiplier — the concept, limitations and criticismThe article presents the money creation process in the modern economy, including the role of the central bank and commercial banks in this process. The concept of money multiplier is described and set in the context of Fed’s monetary policy since 1970s. Special attention is paid to the decrease of the M1 multiplier below the value of one, which accompanied the quantitative easing after the crisis arousal in 2008. Then, the main constraints are mentioned of commercial banks in the process of money creation impeding the full utilization of the multiplier potential: bank profitability and competitiveness, risk of bank runs, demand for currency, limitations concerning credit collaterals and those resulting from monetary policy, prudential regulations, and the behaviors of bank clients. The paper also reports on arguments critical toward the multiplier approach and suggests to perceive the money supply in the modern economy as an endogenously determined phenomenon: first, commercial banks grant as many credits thus creating money as they can owing to the market situation; then, they turn to the central bank to provide reserves. The latter provides reserves monetary base as the lender of last resort, aiming to control the interest rate, and not money quantity itself. The conclusions are significant for monetary policy and economic education, as the endogenous approach to money supply can explain why the quantitative easing, contrary to some concerns, did not automatically translate into a considerable increase of credit expansion and price inflation.
Wyzwania rozwojowe w najszybciej rozwijających się krajach azjatyckich
Authors: Nowak Wioletta
Published: March 2020

Development challenges in the fastest growing Asian countriesOver the period from 2001 to 2017, 14 countries in Asia recoded an average annual GDP growth rate of more than 6%. The fastest growing Asian countries experienced rapid economic growth as a result of implementing various development strategies. Besides, to a different extent, they used their economic success to improve the standard of living of their citizens. After 17 years of fast economic growth they still face many development challenges. Among them, the most important are: elimination of extreme poverty among employees, reduction of income inequality in society, improving the standard of living and quality of life of citizens especially in rural areas, ensuring a better access to high quality maternal and child health services, and increasing access to social services for the whole society.
„Na wysokiej połoninie” Stanisława Vincenza w kontekście kategorii pogranicza i geopoetyki
Authors: Orłowski Adam
Published: March 2020

Stanisław Vincenz’s Na wysokiej połoninie in the context of the categories of frontier and geopoeticsStanisław Vincenz’s monumental work Na wysokiej połoninie [On the High Mountain Pastures] can be analysed in the context of civilisational transformations that took place at the turn of the 20th century in highland regions. Carpathian highlanders, including the Hutsuls, for centuries had cultivated traditions going way back in time, to the Hellenic herding culture values like subordination to the laws of nature and God, freedom, highland time, autumn knowledge, dialogue, unique understanding of space. The development of capitalism and influence of urban culture brought with them a  possibility of coming into contact on a  large scale with a  worldview representing a  different way of looking at issues fundamental to the individuals and entire community.Thus Vincenz’ tetralogy is set at the frontier of epochs, cultures and mentalities views of the world, impressions of the world. The present article aims at interpreting Vincenz’ work in the context of a  category that is extremely popular in the humanities, namely frontier or borderland as well as Kenneth White’s category of geopoetics, which is attracting more and more “followers”.
Tatry i Zakopane w doświadczeniu Jerzego Żuławskiego
Authors: Straburzyńska-Glaner Agnieszka
Published: March 2020

THE TATRAS AND ZAKOPANE AS EXPERIENCED BY JERZY ŻUŁAWSKIThe mountains, especially the Tatras, occupy a special place in Jerzy Żuławski’s life. As a place where one can escape from the noise and chaos of the civilised world, they become important as one of the most influential spaces shaping the creative personality of the mountaineering writer. The article is an attempt to examine the author of Trylogia Księżycowa The Lunar Trilogy from the perspective of a mountain hiker’s experiences. The present author analyses both memoirs and journals— which reveal to the readers a lesser known side of Żuławski, an experienced mountaineer, one of the co-founders of the Tatra Volunteer Search and Rescue and activist in Zakopane — and literary works, especially his lyrics, which reveal the writer’s wandering predilections and record his authentic experiences of mountain spaces. What emerges from these writings is a symbolic image of the mountains as an area of freedom also political freedom, a place where God’s creative power is revealed, finally — a place of physical and mental liberation, requiring as much courage and fortitude as humility in  confrontation with the primeval forces of nature. The author of the article, pointing to intertextual references and traces of literary and philosophical tradition influence of Schopenhauer and Nietzsche, Spinozian pantheism, Romantic images, seeks to demonstrate the individuality of the writer, for whom the ultimate reference in his Tatra oeuvre is always an authentic experience of wandering.
Literacka nieśmiertelność sióstr Lidy i Marzeny Skotnicówien
Authors: Pigoń Anna
Published: March 2020

The literary immortality of the sisters Lida and Marzena SkotnicównaOn 6 October 1929 two teenagers from Zakopane, the sisters Lida and Marzena Skotnicówna, died tragically while trying to traverse the southern face of Zamarła Turnia. The accident became a permanent part of the history of mountaineering in the Tatras, especially of women’s mountaineering. It became an inspiration for many writers and journalists, who “immortalised” the Skotnicówna sisters, making them protagonists of poems and novels, but also expressing judgements on the legitimacy of women’s mountain climbing.The author of the article explores works commemorating and sometimes even mythologising the sisters. Her aim is, first of all, to illustrate the role of women’s expansion in mountaineering in the interwar period, expansion which — since it is still alive through the memory of its heroines — must have been significant; and to demonstrate various ways of writing not only about the Skotnicówna sisters as human beings, women, climbers, but also as female pioneers of mountaineering or even a phenomenon.The author’s method is based on a comparison of various literary and journalistic works and hermeneutical interpretation in a historical and social context, using the tools of geocriticism.
Von Expeditionsberichten zum Führer — die Anfänge der Ratgeber für Riesengebirgereisende an der Jahrhundertwende des 18. zum 19. Jahrhundert
Authors: Pacholski Jan
Published: March 2020

From travel accounts to guidebooks: The beginnings of guidebooks to the Giant Mountains Karkonosze for travellers in the late 18th and early 19th centuryIn the history of European tourism the Giant Mountains Karkonosze occupy a unique place thanks to the Chapel of St. Lawrence, funded by Count Christoph Leopold Schaffgotsch and located on the summit of Śnieżka. Its construction in the Habsburg dominions in the turbulent period of the Counter-Reformation was meant to finally put an end to the Silesian-Bohemian border dispute and become a visible sign of Catholic rule over the highest mountain range of the two neighbouring countries. The construction of the chapel also marked the beginning of tourism in the highest range of the Sudetes; initially, its nature was religious and focused on pilgrimages to the summit of Śnieżka, featuring, in addition to local inhabitants, also sanatorium visitors to Cieplice Warmbrunn, which was owned by the Schaffgotschs.After the three Silesian Wars, as a result of which the lands to the north of the mountains were separated from the Habsburgs’ Kingdom of Bohemia, the situation in the region changed radically. The Counter-Reformation pressure ceased and the Lutherans began to grow in importance, supported as they were by the decidedly pro-Protestant Prussian state, governed by its tolerant monarch.The period was also marked by an unprecedented growth in the literature on the Giant Mountains — there were poems Tralles, nature studies Volkmar and travel accounts GutsMuths, Troschel and others written about the highest range of the Sudetes. A special role among these writings was played by works aimed at introducing the public from the capital Berlin to the new province of the Kingdom of Prussia, especially to the mountains, so exotic from the point of view of the “groves and sands” of Brandenburg. These publications were written primarily by Lutheran clergymen, which was not without significance to the nature of the works. This was also a time when the first guidebooks to the Giant Mountains were written, with many of their authors also coming from the same milieu.What emerges from this image is a kind of confessionalisation of tourism in the highest mountains of Silesia and Bohemia: on the one hand there are mass Catholic pilgrimages and on the other — a new type of individual tourists who, with a book in hand, traverse mountain paths in a decidedly more independent fashion.
„Po co ten człowiek tam na górze?”. O politycznym wykorzystaniu przeżyć górskich
Authors: Wedekind Michael
Published: March 2020

“What does man achieve up there?” On the political use of mountaineering experiencesSince the 1870s the socio-economic and national conflicts with ethnic backgrounds reached the highest Alpine peaks. This was visible in a broad European context, but especially in the Habsburg Monarchy. This was where demands for political participation and social emancipation of allegedly disadvantaged ethnic groups in the Reich were juxtaposed with aggressive German-Austrian strategies seeking to preserve the status quo. In this context, “capturing” and “seizing” highland areas in disputed language border regions of the multi-ethnic empire became terms of huge symbolic and identity-shaping significance.In comparison with the British Alpine Club, whose members were well travelled climbers, Central European Alpine associations were anchored in regional political contexts and had clear nationalistic views. They reflected the specific socio-psychological determinants, moral values and social norms of the bourgeois elites, from among whom the leaders and members of these associations came almost exclusively as late as in the early 20th century. In its early hybrid form — vacillating between sport and science — mountaineering turned out in many respects to be a useful tool of cultural takeover and emotional awareness-raising with regard to one’s own homeland presumed to be threatened by a foreign element; it was useful as a driving force in internalising national identity, social values, political concepts as well as heroic military maxims referring to desirable behaviour. The first ascents of mountain peaks and “capturing” of hitherto untouched highland areas, construction of prestigious hotels and mountain hostels as well as nationally-inspired monuments on mountain peaks became semiotic expressions of territorial aspirations of a nation, a symbolic seizure of the mountains, preventing “ethnically foreign” profanations. Thus emerged a new, collectively binding mental map with sanctified mountain peaks and ranges that were incorporated into the nation’s iconography. The politicisation of mountains and mountain climbing became part of the “nationalisation of the masses.”The author of the article examines these aspects, using the multi-ethnic region of Tyrol as an example. He analyses, first of all, the Società degli Alpinisti Tridentini, an organisation operating in the southern, Italian-speaking part of the country, and its equivalent, the much larger German and Austrian Alpine Club. The analysis features, among others, various ideas of “nature”, “mountains” and climbing, varied goals mountaineers set for themselves, and, finally, the link between socio-economic conflicts with ethnic backgrounds and peaks in the Dolomites and the Ortler. These were conflicts which, in some sense, paved the way for the subsequent fighting during the First World War or, in any case, directly led to it.
Dyrektywa pozytywnej prewencji ogólnej — wybrane problemy. Uwagi na tle kodeksu karnego
Authors: Kania Agnieszka
Published: March 2020

Positive general prevention directive — selected problems. Comments in the context of the Penal CodeThis article presents basic reservations concerning the prescriptive status of general prevention. Concerns reported in this respect are related not only to its formulation in the act, but also to its substantive meaning. In the light of the findings, it is concluded that the sense of general preventive effect is already sufficiently reflected in the statutory penalty. Therefore, it would be right to add that the “needs to develop legal awareness in society” Art. 53§1 of Penal Code referred to in the Code at the jurisdictional stage are satisfied by the very moment of passing a sentence, which de facto confirms a certain penal reaction provided for in the Code. Therefore, it should be concluded that even the total omission of the general prevention assumptions — expressis verbis — in the current codification would not exclude their presence in the process of rational sentencing.
Kilka uwag o konstrukcji i konsekwencjach ciągu przestępstw w świetle nowelizacji kodeksu karnego z 20 lutego 2015 roku
Authors: Kokot Rajnhardt
Published: March 2020

A few remarks about the structure and the consequences of the series of crimes in the light of the amendment to the Penal Code of February 20, 2015The article concerns the problem of the legal structure of the so-called series of crimes. The attention is concentrated on the changes in terms of evidence of this institution introduced by the amendment to the Penal Code of February 20, 2015. The previous statutory formula of Art. 91 § 1 of the Penal Code was recalled, especially the annulled premise of the “similar way” of committing crimes bounded together in series, remembering at the same time the doubts and interpretative arguments which accompanied that interpretation. In the circle of interests remains also the issue of the statutory understanding of the requirement of identity of “the regulation whose criteria each of those crimes fully fulfill”, which forms the basis for the punishment given for the series of crimes. The arguments of the ideas competing in this matter were also recalled as well as the effects that might have been caused while implementing such practice. Taking the above into consideration the modifications within the statutory formula of the series of crimes were discussed. A special attention was drawn to the new premise of “using the same opportunity” and the consequences that are caused by introducing this premise for the scope of using this structure. The article also discusses the issue of the identity of the legal rule, required by the act, the reference to which in the amended legal state became the rule which was the basis for the punishment, and not, as it was commonly previously believed, the rule stating the basis for punishing for each of the crimes remaining in the series. In the margin of the analysis of the new shape of the premises of series there are remarks devoted to the punishment for the multiplicity of crimes embraced with the feature of continuity.
Kilka uwag na tle kompensacyjnej funkcji prawa karnego
Authors: Pływaczewski Emil W. , Guzik-Makaruk Ewa M.
Published: March 2020

A few remarks on a compensative function of criminal lawThe article is divided into four parts, presenting a restitutive function, from a historical perspective, of compensation in the view of the Criminal Code of 1997, as well as in the view of the Act of 7 July 2005 on State compensation granted to victims of certain prohibited acts. The authors also attempt to summarize and evaluate the amendment. The article is dedicated to the Esteemed Professor Tomasz Kaczmarek, celebrating His jubilee, an Educator of generations of lawyers, an Outstanding representative of the science, whose wide activity and plenteous achievements in various fields indicate great versatility of His interests.
Tożsamość czynu jako podstawa różnicowania mechanizmów redukujących odpowiedzialność karną
Authors: Giezek Jacek
Published: March 2020

The Identity of an act as a basis for differentiation of mechanisms reducing criminal responsibilityOur starting point is the view, well grounded in the dogmatics of criminal law, that the separation of a criminal off ence as an entity judged from a legal standpoint is based upon both ontic and normative criteria. On the one hand, the basis for an act, anchored in reality, is the behaviour of a subject, on the other hand, what part of it we consider a single object of legal judgement is decided by the legislator. The situation becomes more complicated whenever the judgement of a particular part of a subject’s behaviour is determined by the realisation of the features of at least two prohibited acts. The criteria of unity of an act — apart from full or partial identity of time, in which at least two sets of features of prohibited acts are realised, are highly vague. One could probably refrain from searching for them, has it not been for the fact that the presence of a single act — or multiple acts — is the basis for the currently binding model of reduction mechanisms. If those mechanisms were to rationalise criminal liability, the basis of their use should consist of entirely normative criteria, based, for example, on those that we use for objective ascription of the result. A model of mechanisms of this kind could be determined by the quantity and quality of the violated rules of conduct, or, to use a diff erent phrase, the multiplicity of sources of risk generated by the subject. A positive consequence of such rearrangement could be the possibility of abandoning the concept of an act as an object of legal judgement, selected from the continuum of behaviour, with a precisely determined timeframe.
Application of capillary electrophoresis in the analysis of coloring matter on paper
Authors: Król Małgorzata
Published: March 2020

Modern law enforcement agencies are constantly struggling with crimes against documents. Due to increasing quality of counterfeit documents and different physicochem­ical properties of inks, such crimes are becoming harder to detect. This situation obliges forensic laboratories for the development and implementation of testing procedures with the use of some modern techniques of chemical analysis. CE opens up numerous possibilities for various analytical applications, mainly due to its numerous advantages, the diversity of its modes and the compatibility with different detection systems. This study focuses on discussing two modes of CE: CZE and MECC and three different detection systems: DAD, LIF and MS. By using them information about substances exhibiting absorption, fluorescence and about molecular mass of analyzed compound can be received. In the Laboratory for Forensic Chemistry many different coloring matters were examined, including ballpoint, fountain pen, gel and stamp pad inks in most popular colors as well as a large group of branded and off-brand printing inks.The obtained results showed the great applicability of CE-DAD method. It has been proved that LIF and MS detections improve the discriminating possibilities of CE provid­ing additional information on samples.
Short signatures — our headache
Authors: Jonaitienė Nijolė
Published: March 2020

It is difficult to imitate another persons signature. Handwritten signature is unique. There are no special rules for person‘s signature. The signature can be any. It only should meet the requiments: consist of letters not only loop, line, curve and etc. elements.  Un­fortunately, in our hurried age signatures become shorter and simpler. During that time people lost emotional connection to their signature. Many of the signatures of the high officials, who usually sign very important documents, are also very simple and sometimes seem more like graphical pictures than signatures. We receive many short and too simple signatures recently. It is a real headache for Lithuanian handwriting experts. Modern handwriting examinations are powerless to solve this problem. It is our duty to inform people about the dangers of short signatures and to educate people to sign accordance with a person’s surname. This would contribute to the signing culture growth, and as a result would let us answer and help in more cases.
An obligation to remedy damage in connection with an early release on licence
Authors: Muszyńska Anna
Published: March 2020

The author presents doubts concerning interpretation of numerous legal grounds for remedying damage caused by an offence in the field of criminal law, including imposition of an obligation to remedy damage in connection with early release on licence. Emphasis is placed on problems with their application in judicial practice. The author in principle views the amendments in the scope of compensatory measures as positive, however, she considers the possibility of further amendments, which would lead to more rational legislative solutions.
Kryminalizacja pośrednictwa ubezpieczeniowego w prawie karnym gospodarczym
Authors: Ochman Piotr , Solecki Sebastian
Published: March 2020

Criminalization of insurance intermediation in criminal economic lawThe subject of the article is the analysis of criminal laws criminalizing insurance intermediation in Poland. This is an issue that falls under the dogmatic considerations of criminal economic law in the aspect of protecting the statics of economic turnover, i.e. its basic structures and institutions. The evolution of the criminalization of this sector of the insurance market, the genesis of current criminal law regulations as well as critical remarks to the latest penal provisions of the Insurance Distribution Act will be presented. The analyzes will be the basis for presenting de lege lata’s comments and the de lege ferenda proposal.
Konsensualne zakończenie postępowania przygotowawczego w trybie art. 355 k.p.k.
Authors: Kowalczyk Piotr
Published: March 2020

Consensual conclusion of preliminary proceedings under Article 355 of the Code of Criminal ProcedureThe paper focuses on in-court settlement under Article 335 of the Code of Criminal Procedure and its procedural consequences. In particular, the author presents the findings of theory and practice resulting from an analysis of case law concerning the functioning of the consensual mode of proceedings in the Polish Criminal procedure.
Kuratela penitencjarna jako element strategii przeciwdziałania wtórnej przestępczości
Authors: Jasiński Krzysztof
Published: March 2020

Penitentiary probation service as an element of the reoffending counteraction strategyProbation officers carry out tasks, defined by law, relating to education, resocialisation, diagnostics, prevention and control among offenders, also in penal institutions Act of 27 July 2001 on Probation Officers, Journal of Laws 2001 No. 98 item 1071, Article 1. In penal institutions probation officers co-develop and then implement the so-called “freedom plans”. These are sets of actions, preceded by a diagnosis of needs and deficits, which are derived from the possibilities and potential of offenders as well as shortcomings needed to be overcome in order to achieve the minimum objective — prevention of reoffending.
Przesłanki odpowiedzialności za naruszenie obowiązków wynikających z pozwolenia na broń palną
Authors: Mikowski Rafał
Published: March 2020

Conditions of liability for the breach of obligations under a firearms licenceThe article presents general issues related to the conditions of legal liability for exceeding the rights and violation of obligations related to the authorisation of firearms, under the provisions governing access to firearms in Poland. The study includes both conditions for administrative liability and elements of criminal law regulation, which should be seen here as a supporting method that determines the issue in question. The Act of 21 May 1999 on firearms and ammunition, together with selected executive acts, was subjected to a synthetic analysis. The overall considerations include the types of legal liability in situations of the infringements in question; however, this part of the analysis is supplementary to the description of the causes of liability.
Rethinking the legal nature of an obligation to remedy damage
Authors: Łucarz Katarzyna
Published: March 2020

Rethinking the legal nature of an obligation to remedy damageIn this paper the autors analyse the legal nature of an obligation to remedy damage following the changes introduced by the so-called February amendment. The authors prove, in numerous ways, that despite lawmakers’ declarations, the legal nature of this measure has not changed significantly. Its compensatory abilities were enhanced; nevertheless, the change of the name tag is insufficient to assume that the obligation to remedy damage has become a pure civil act in criminal proceedings. The essence and structure of an obligation to remedy damage are still criminal-law, although its content, by the operation of criminal law, is highly influenced by civil law. As a result, in the case of this measure we are dealing with a criminal-law obligation to remedy damage shaped in accordance with the provisions of civil law.
Różnorodność wariantów diagnozy pedofilii w opiniowaniu sądowo-seksuologicznym
Authors: Kapała Alicja
Published: March 2020

Different variants of paedophilia diagnosis in forensic-sexological opinionsThe article presents the different variants of paedophilia diagnosis which appear in the literature of the subject as well as in professional practice in the area of forensic-sexological opinions. The attempt to systematise the available knowledge and own diagnostic experience is aimed at emphasising the clinical understanding of paedophilia, taking into account the legal consequences of this diagnosis. Theoretical considerations will be supported by examples from practice which reflect the diversity of paedophilia diagnosis that appear in forensic-sexological opinions.
Majdan 3.0 w perspektywie wczoraj i dziś. Rys pokoleniowy
Authors: Matusiak Agnieszka
Published: March 2020

Maidan 3.0: Perspectives from now and then. Generational characteristics. The proposed text involves a generational characterization of the events taking place in Maidan Nezalezhnosti in Kyiv 2013/2014. The author treats the Revolution of Dignity as an important transgressive contribution initiating the post-colonial process of overcoming post-Soviet trauma that has been haunting Ukrainians since their gaining independence in 1991. The generational syndrome becomes fundamental, because generational change is the most effective chance of overcoming the legacy of totalitarian socialism. Thus, Euromaidan may be perceived as a cross-border “nation-building” place of contemporary Ukraine understood as a post-colonial hybrid.Майдан 3.0 в перспективе вчера и сегодня. Поколенческий очерк. Данная статья является попыткой характеристики событий киевского Майдана 2013/2014 с поколенческой перспективы. Автор статьи рассматривает эти события как существенный трансгрессивный прецедент, открывающий процесс постколониального преодоления постсоветской травмы, с которой Украина безуспешно боролась весь период своей независимости. Генерационный синдром приобретает с этой точки зрения фундаментальное значение, поскольку лишь смена поколений предоставляет наиболее эффективный шанс преодоления тоталитарного наследия реального социализма. В свете вышесказанного ожидается, что Революция Достоинства может стать межевым местом «написания» украинского народа как постколониальной гибриды.
„Między nieobecnością a utratą”. Trauma blokady Leningradu i jej echa na materiale utworów Natalii Krandijewskiej-Tołstoj oraz Tatiany i Natalii Tołstoj
Authors: Pawletko Beata
Published: March 2020

“Between absence and loss”. Trauma of siege of Leningrad and its echoes literary works by Natalia Krandiyevska-Tolstaya, Tatyana and Natalia TolstayaThere is no denying that the contemporarily revealed truth about the siege of Leningrad is fitted in, citing Dominick LaCapra findings, two coupled terms, i.e. absence and loss. The tension between them concerns not only the witnesses, but also the next generations, which try to recover the memory on behalf of their loved ones. The category of postmemory created by Marianne Hirsch will be employed as a base to the specificity of the reception and presentation of “inherited ex­perience” of the siege by the representatives of third generation. Literary works by Tatyana Tolstaya and her sister Natalia will be analyzed, where, as it turns out, the echoes of the siege sound not accidentally; the background is created by the oeuvre and attitude of their grandmother, Natalia Krandiyevska-Tol­staya. What does this remarkable literary cross-generational relation bring? Is it only an expression of memory, or maybe it is an attempt to confront traumatic events of the past? One thing goes without saying: the presence of the siege in the works of postmemory is a proof of inexhaustibleness, but mostly of not dealing with, not settling up this experience not only in the life of particular families but, most of all, within Russian literature.„Между отсутвием и утратой”. Травма блокады Ленинграда и ее эхо на материале произведений Натальи Крандиевской-Толстой, а также Татьяны и Натальи ТолстыхВ современные исследования блокады Ленинграда вписываются, ссылаясь на труды Доминика ЛаКапра, два параллельных понятия, т.е. отсутствие и утрата. Особенным напряжениям между ними подвергаются не только свидетели, но и следующие поколения пытающихся восстанавливать память о блокаде от имени своих родных. Кроме того, очередной исходной точкой по отношению к специфике приема и представления „перенятого опыта” блокады представителями третьего поколения послужит категория постпамяти Марианны Хирш. Предметом анализа будут произведения Татьяны Толстой и ее сестры Натальи, в которых эхо блокады, как известно, появляется неслучайно, поскольку фон образует творчество и жизненный путь их бабушки, Натальи Крандиевской-Толстой. Что несет с собой этот необыкновенный, литературный, межпоколенческий диалог? Является ли он лишь выражением памяти, или, может быть, это скорее всего попытка конфронтации с травматическим прошлым? Одно не подлежит сомнению присутствие блокадной темы в мемориальных произведениях это свидетельство ее неисчерпаемости, но прежде всего сигнал, что травматический опыт еще недостаточно проработан не только в случае конкретных семей, но и в области современной русской литературы.