bluuebunny/crossref_metadata_2025 huggingface dataset:
Rosyjskie księgozbiory kaliskich gimnazjów jako przykład kolekcji Biblioteki Uniwersyteckiej w Poznaniu
Authors: Andrysiak Ewa , Walczak Krzysztof
Published: March 2020

ROSYJSKIE KSIĘGOZBIORY KALISKICH GIMNAZJÓW JAKO PRZYKŁAD KOLEKCJI BIBLIOTEKI UNIWERSYTECKIEJ W POZNANIUPotrzeby powstałej w 1919 roku Biblioteki Uniwersytetu Poznańskiego w zakresie literatury polskiej i słowiańskiej. Gimnazja kaliskie i ich księgozbiory. Przewiezienie tych księgozbiorów do Poznania w latach 1922–1923. Ich zawartość i znaczenie dla Biblioteki Uniwersytetu Poznańskiego.RUSSIAN BOOK COLLECTIONS OF KALISZ SECONDARY SCHOOLS AS AN EXAMPLE OF A UNIVERSITY LIBRARY COLLECTION IN POZNAŃThe University Library in Poznań has among its holdings substantial fragments of old libraries from secondary schools in Kalisz. They contain primarily Russian-language literature owing to the fact that until 1914 the schools functioned within the Russian school system. The article is the fi rst report on the contents of these libraries, also explaining how the books found their way to the University Library in Poznań.
Teoretyczne aspekty tworzenia elementów dokumentacyjnych ze szczególnym uwzględnieniem abstraktów a ich rzeczywisty kształt. Propozycja badań w obszarze artykułów z czasopism z zakresu bibliologii
Authors: Jamrozik Katarzyna , Łubocki Jakub Maciej
Published: March 2020

THEORETICAL ASPECTS OF DOCUMENTARY ELEMENTS WITH SPECIAL CONSIDERATION OF ABSTRACTS. A RESEARCH PROPOSAL CONCERNING ARTICLES FROM BIBLIOLOGY JOURNALSReferring to the changes taking place in modern scholarly communication and the specificity of scholarly discourse, the authors present the latest conclusions from research concerning improvement of comprehensibility of documentary analyses, summaries and abstracts. This is influenced by text readability, and the structure and cognitive value of documentary elements. The authors present a typology of such elements as well as their distinctive features. On this basis they propose a new research methodology. Thanks to this methodology it will be possible to verify: 1. whether elements attached to articles from bibliology journals are, according to recommendations, more readable easier to comprehend than the content of the articles themselves;2. the current tendency in their length, which should be increased, according to recommendations;3. whether, in accordance with recommendations, all keywords have been used in the elements, which will facilitate article indexation in databases; 4. whether the existing terminological recommendations correspond to the actual language usage. The initial results obtained by the authors show that research in this area should be continued, as the proposed hypotheses require in-depth analysis and verification.
„Philosophical Transactions of the Royal Society” Henry’ego Oldenburga z lat 1665–1677 i naukowe doniesienia z Rzeczypospolitej ze szczególnym uwzględnieniem prac Jana Heweliusza
Authors: Firlej-Buzon Aneta
Published: March 2020

HENRY OLDENBURG’S PHILOSOPHICAL TRANSACTIONS OF THE ROYAL SOCIETY 1665–1677 AND SCIENTIFIC REPORTS FROM THE REPUBLIC OF POLAND WITH SPECIAL CONSIDERATION OF THE WORKS OF JAN HEWELIUSZThe purpose of this paper is to reveal the presence in the pages of the fi rst scientifi c English journal The Philosophical Transactions of the scholars associated with the Republic of Poland or conducting scientifi c research or experimental observations on the Polish territory. The subject of articles edited and published by Henry Oldenburg during the years 1665–1677 will be outlined, as well as the dynamics of research in the Republic of Poland. Analized were original scientifi c texts sent from Poland to the editor of the journal during the years 1665–1677, as well as the citations of these works or studies from the area of Republic of Poland. Studies have shown that the most active author was Jan Heweliusz — astronomer from the Free Royal City Gdańsk. Unfortunately, other important works of Polish scientists were not published in the journal. The reasons for this lack should be sought in many sorts of factors in the history of Poland in the 17th century.
Liberalizm Thomasa Paine’a
Authors: Błaszczyk Cezary
Published: March 2020

THE LIBERALISM OF THOMAS PAINEThomas Paine was undoubtedly one of the most important figures of his times. The untiring liberal and democrat may be considered as the restless spirit of the Enlightenment, arguing for a revolution and freedom both in Europe and America. His main works are „The Rights of Man”, „First Principles of Government”, „The Agrarian Justice” and the most famous and influential — „Common Sense”. Even though he did not form a comprehensive political doctrine he appealed both to the British and French liberal traditions, he is to be considered as a great liberal ideologist. Paine believed in sovereign and independent men, who under the principle of self-government can establish the best government possible. The state was the necessity, since mankind was prone to sin; however, it was to be constructed according to the civil contract as the least burdensome and in compliance with the rights of men both natural and civil, as a true republic. Moreover, it was only rational, argued Paine, to abandon unequal division of estates and trade protectionism, to allow for universal welfare and peace.
Wybrane aspekty prawne zapewnienia bezpieczeństwa imprez masowych jako jednego z warunków bezpieczeństwa publicznego
Authors: Wykrent Dariusz
Published: March 2020

SELECTED ASPECTS OF THE LEGAL SECURITY OF MASS EVENTSThe article presents some aspects of the legal system in Poland relating generally to the complex issues of security, and in particular to the specific — due to the form and features of occurrence — security of mass events. Starting from the existing literature in terms of security and public safety, the article discusses the constitutional and statutory regulations, including those related to them, some interpretations and case law, with particular reference to the law on mass events security.
Bezpieczeństwo zdrowotne obywateli w państwowym systemie bezpieczeństwa wewnętrznego
Authors: Paplicki Mateusz
Published: March 2020

HEALTH SAFETY IN THE STATE INTERNAL SECURITY SYSTEMSecurity constitutes an individual as well as social groups’ chief need. Therefore, it establishes both the state and international systems. Its lack causes the sense of anxiety and insecurity.Protection of life, meant as abiological existence of aman, is an obvious assumption of each and every civilized country. The state itself is astructure designed to last and develop on the basis of living society.Consequently, life protection is thus inscribed in the very essence of the state. It is only the state along with its administration that has an appropriate structure and power in order to provide security in the broadest sense.For the purpose of this study it was assumed that health safety is considered as the centrality of actions taken by the government administration including all the subordinate departments in order to protect life and health.The life protection-related laws have been analyzed and checked whether the authorities, committed to support health, fulfill their duties. The conclusions can raise citizens’ concerns about their health security.
Aspekty prawne bezpieczeństwa publicznego
Authors: Kiczka Karol
Published: March 2020

LEGAL ASPECTS OF PUBLIC SAFETYEnsuring public safety is a public task regulated in domestic and international legal systems. Polish Constitution allocates this task to executive authorities: the President of the Republic of Poland and the Council of Ministers. In order to accomplish the task these constitutional organs of the Polish state are legally obligated to effectively cooperate, and according to the Crisis Management Act 2007, it is the governmental administration that should play the essential role in the field of public safety.
Koncepcja tożsamości konstytucyjnej: wymiar indywidualny, relatywny oraz zbiorowy
Authors: Śledzińska-Simon Anna
Published: March 2020

THE CONCEPT OF CONSTITUTIONAL IDENTITY: INDIVIDUAL, RELATIVE AND COLLECTIVE DIMENSIONThis article begins with the supposition that constitutional identity is an attractive legal notion that has been used to legitimize the power of courts in cases that usually arose as a result of the conflict of norms stemming from various legal orders. Whenever judges use constitutional identity rhetoric to justify their decisions, they assume to know the contents of constitutional identity. Ultimately, they do not play the role of the “guardians of the Constitution”, but the “guardians of identity”, and aim to gain, maintain or extend their powers, in particular their authority of the “last word” in the judicial dialogue. The article argues that each constitutional order requires identification of the constitutional subject for its legitimization. It claims, however, that identity of a constitutional subject may develop simultaneously in three dimensions as an individual, relational and collective selves, which remain in constant interaction. While the individual self denotes a particularistic self-perception, the relational and collective selves indicate that identity can mean not only difference, but also sameness or close proximity.
Kilka uwag o obowiązku udzielania przez lekarza podstawowej opieki zdrowotnej świadczeń poza zakresem swojej specjalizacji
Authors: Zoń Katarzyna Maria
Published: March 2020

A FEW REMARKS ON A PRIMARY CARE DOCTOR DUTY TO PROVIDE HEALTH SERVICES OUTSIDE THE SCOPE OF SPECIALIZATIONFirst it should be pointed out that a doctor has a duty to provide health services within the scope of his/her specialization. This basic rule arises from both statutory and deontological regulations.The aim of this paper is to analyze the issue of a primary care doctor duty to provide health services outside the scope of his/her specialization as an exception to the above rule. In this respect it is very significant to explain the statutory and deontological regulations related to this topic, because it is necessary for further considerations. Then the exceptions to the rule are discussed. In this context the specific duty to provide health services outside the scope of specialization, concerning a primary care doctor should be highlighted.In the end the conclusions of the analysis are presented.
Analiza regulacji prawnych w zakresie wykorzystania GMO
Authors: Stępień Martyna
Published: March 2020

ANALYSIS OF LEGAL REGULATIONS RELATIVE TO THE USE OF GMOSThe aim of this article is to present and analyse the regulation of international law, EU law and Polish law, related to GMOs. The most important moment for the creation of international regulations was the adoption of the Convention on Biological Diversity. Within the EU there are lots of directives and regulations to protect against the risks related to the use of GMOs. In Poland there is the lack of acomprehensive law in the field of genetic engineering, currently there are several acts adopted in the form of alaw, which relate to various aspects of GMOs.
Polityka administracyjna a samorządowa polityka oświatowa — na gruncie nauk prawnoadministracyjnych
Authors: Raszewska-Skałecka Renata
Published: March 2020

ADMINISTRATIVE AND EDUCATIONAL POLICY OF LOCAL SELF-GOVERNMENT ON THE BASIS OF ADMINISTRATIVE AND LEGAL SCIENCESPresent-day factors of public administration, variability of educational law, uncertainty of state educational policy in the scope of educational reform, its political instrumentalization. These are exemplary factors of changes which have impact on educational policy of local self-government and ways of realization public tasks.Local education as the sphere of public administration activity has changed rapidly in recent years and often shows differences between expectations and fulfillment of social needs in the scope of education.
Ustrojowe znaczenie konstytucyjnego ustanowienia stolicy w państwach członkowskich Unii Europejskiej
Authors: Grabowski Radosław
Published: March 2020

SYSTEMIC IMPORTANCE OF THE CONSTITUTIONAL ESTABLISHMENT OF THE CAPITAL IN THE MEMBER STATES OF THE EUROPEAN UNIONThe practice of placing in the constitution provisions relating to state symbols emblem, flag, anthem is satisfactory. Often accompanying such regulation standards is the task to indicate the center of which is the state capital. The desirability of such regulations is questionable, hence the question whether it is acommon practice. The analysis covers the EU Member States. It is ain­homogeneous group, which should be considered an advantage, because it allows to review the solu­tions. The aim is to answer the question whether in the EU countries there is awidespread practice of the constitutional establishment of the state capital, whether it is the dominant model, is it possible there are different solutions in this area, when such adjustments are redundant, whether such cases allow conclusions that can be applied in practice of Polish political system.
„Efekt aureoli” i „efekt uczestnictwa” a niezależność prawników-naukowców
Authors: Jabłońska-Bonca Jolanta
Published: March 2020

“THE EFFECT OF AUREOLE” AND “EFFECT OF PARTICIPATION” IN THE LIGHT OF INDEPENDENCE OF LAWYERS-SCIENTISTSThe purpose of the text is to signal the need to investigate the conditions for the preserva­tion of the independence of lawyers who practice and simultaneously engage in science. Research independence is understood in the text as loyalty to the principles of methodology and ethics of research. There have been, and will be, lawyers-scientists who are creative, well-skilled to do re­search, and also autonomous, capable of criticizing the status quo, striving for truth no matter what the consequences. In the 21st century, being in such aposition is getting harder and harder. This is due to the fact that many lawyers-scientists concurrently perform important social and occupational roles besides scientific research. The article focuses on two examples of conditions that hinder the preservation of independence and entice lawyers-scientists into the world of politics and ideology. It is: a the activity of lawyers-scientists in the mass media and the consequences of the so-called “aureole effect”, as well as b the “dual occupancy” and the meaning of “participation effect”.
Aksjologiczna wykładnia prawa
Authors: Kordela Marzena
Published: March 2020

AXIOLOGICAL INTERPRETATION OF LAWBoth derivative and clarification conceptions of legal interpretation specify among basic types, linguistic, functional and systematic interpretations. This catalogue does not include axiological interpretation as aseparate category. Nevertheless, in the derivative theory, values make up afun­damental and in its initial version — even sole and unique element of functional interpretation, whereas in the clarification theory in the same type of interpretation they are on apar with many oth­er elements, such as e.g. type of political system or economic phenomena. In light of greater impor­tance attached to values in the collection of interpretational arguments, primarily in the connection with constitutional interpretation, it seems justifiable to extract atype of axiological interpretation from functional interpretation. Then, its main task would be to define aset of values qualified as the axiological system of the legislator, to extract values that are legally binding legal values, to take a stand about the degree of value objectivity as recreated by the interpreter by means of rational interpretational methods, or created, at least to acertain degree, by him, and to construct aset of axiological rules of interpretation, accommodating value specificity, such as e.g. their immanent conflicting nature, gradable character, or the necessity of applying abalancing procedure in an eventuality of acollision occurring between them.
Partnerstwo publiczno-prywatne jako forma współpracy administracji publicznej z otoczeniem
Authors: Przedańska Justyna
Published: March 2020

PUBLIC-PRIVATE PARTNERSHIPS AS AFORM OF COOPERATION OF PUBLIC ADMINISTRATION WITH THE ENVIRONMENTThe article presents the legal nature of the public-private partnership, which is another form of along-standing mechanism of participation of the private sector in the fulfilling the public tasks. Public-private partnership means all forms of cooperation between public authorities and the private sector, which are designed to finance the construction, management and maintenance of infrastructure, or to provide services. Public administration cooperation with private partners in the delivery of public tasks should always involve assuming common interests not just public interest or private interest, and co-responsibility for the success of the project.
Wybrane segmenty otoczenia administracji publicznej w sferze edukacji i ich wpływ na oświatę samorządową w zakresie wykonywania zadań oświatowych
Authors: Raszewska-Skałecka Renata
Published: March 2020

SELECTED SEGMENTS OF PUBLIC ADMINISTRATION ENVIRONMENT IN THE EDUCATIONAL SPHERE AND THEIR IMPACT ON MEETING EDUCATIONAL OBJECTIVES BY LOCAL GOVERNMENTThis paper is to outline selected segments of the environment of public administration in the light of the ongoing changes in the educational sphere and their impact on the local government education within dynamic transformations and complexity of educational objectives. Education is aconstitutional right and social duty of citizens, public objective and aprerequisite for social, state, cultural and economic development. Since the nineties of the 20th century the Polish school and schooling system has been striving to accommodate to educational transformations and changes in unstable environment.The transformation process in the contemporary school and educational system is visible on the background of global changes, i.e. global access of students to knowledge, global access of gradu­ates to labour markets, global context of school management, global trends in educational markets, commercial value of knowledge, or competition in educational services. School as an institution has been undergoing constant evolutionary change. An example of this is the educational reform that has became apriority among transformations of various spheres of social, economic, cultural life, and local and global challenges, such as the Poland’s accession to the European Union in 2004. School transformations in the age of globalisation are essential, as they are triggered by scientific and tech­nological progress and changeable educational challenges and social expectations. Unstable environ­ment affects changing educational objectives, tasks, goals of educational policy, forms and methods of activities, organisational structures of schools, scope of law regulations, school personnel, and education participants. Changes in the Polish education and schooling system are the result of the pace of political transformation, globalisation processes and the European integration processes.
Kapitan statku morskiego jako otoczenie administracji publicznej
Authors: Zyzda Barbara
Published: March 2020

ADMINISTERING ENTITIES IN THE EXAMPLE OF MASTER OF THE SEA SHIPThe master of the sea ship is the untypical administering entity whose position in the scope of public administration tasks is akind of phenomenon. The ship captain is treated as the representative of government beyond the boarders of the Republic of Poland. The legislator gave him certain com­petences concerning the realization of national administrative functions which are usually reserved for afew entities in the normal conditions. In such scope, the captain works on the basis of admin­istrative law norms. The most important tasks of captain result from the franchise, Act on Registry Office Records and Maritime Code in the range of police investigation. This article presents the analysis of sea ship captain functions as the entity constituting the element of public administration environment.
Orzecznictwo i doktryna jako źródło prawa prywatnego
Authors: Frąckowiak Józef
Published: March 2020

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.
Wstrzymanie skuteczności uchwały jako zabezpieczenie roszczenia o stwierdzenie nieważności lub uchylenie uchwały właścicielskiego organu spółki kapitałowej
Authors: Kułak Krzysztof
Published: March 2020

RESOLUTION EFFECTIVENESS SUSPENSION AS THE SECURITY FOR ACTIONS FOR REVOKING THE RESOLUTION OR PRONOUNCING ITS INVALIDITYThe article aims to outline and sort out practical, but not sufficiently recognized by the doctrine of law and jurisprudence, issues of the security for claim by suspending the effectiveness enforceability of the company general meetings’ resolutions that are contested under the provisions of the Code of Commercial Partnerships and Companies. The considerations include the nature of this way of securing, terminological issues as well as its conditions and admissibility depending on the legal character and subject of the resolution and time when the security is granted. The analysis leads to the conclusion that, contrary to the liberal attitude of the judicature, not all resolutions and not in all circumstances undergo the security for claim consisting in the suspension of their effectiveness.
Pracodawca jako kategoria systemu prawa
Authors: Kuczyński Tadeusz
Published: March 2020

EMPLOYER AS A CATEGORY OF THE LEGAL SYSTEMThe subject matter of this study is an analysis of the diversity of meanings and normative contexts assigned to the concept of employer in the legal system. The role of the general, and at the same time model, legal act creating the systemic concept of employer is fulfi lled by the Labour Code. The technique of determining the meaning of this concept, used in the provisions of law, takes the form of regulations referring to the Labour Code or norms establishing their own statutory meaning of the term. There are also provisions that formulate inadequate defi nitions, which results in a classifi - cation of the concept of employer into a wrong category. A review of the relevant provisions of law indicates that the said regulations do not, in many situations, satisfy the principle of terminological consistency or the requirement of systemic coherence. This applies to norms in which, instead of the systemic category of employer, descriptive expressions are used that only indirectly indicate that the relationship regulated concerns the employment binding the employer and the employee, to regulations that introduce only an apparent, and not a real, statutory modifi cation of the code concept under consideration, and, fi nally, to norms that, due to their faulty treatment of linguistic issues relating to the rational creation of law, do not meet the requirement of the said adequacy.
Przepisy ograniczające konkurencję w aktach prawa miejscowego
Authors: Hauser Roman , Szustkiewicz Marta
Published: March 2020

RULES RESTRICTING COMPETITION RESULTING FROM LOCAL LAWPursuant to the Constitution of the Republic of Poland, territorial self-government bodies are authorized to issue local acts, i.a. concerning its own issues related to meeting the current needs of the inhabitants of the municipality, e.g. maintaining cleanliness, supplying water, organizing local transport. Due to the particular monopolistic or dominant position of the local self-government units, there are often violations of free market rules in these cases. The study presents typical cases of market abuse and distortions of free competition, originating in a defective local law — either because of a lack of compliance with the Protection of Competition and Consumers Act, or with another provision of generally applicable law such as the Act of Law on the maintenance of cleanliness and order in the municipalities. The consequences of such regulations are borne by consumers inhabitants of municipalities who have no choice — they suff er from severe including financial consequences of such defective regulations.
Wpływ nowych zasad zarządzania mieniem państwowym na kształt rady nadzorczej i zarządu spółki komunalnej
Authors: Stec Mirosław
Published: March 2020

THE IMPACT OF NEW RULES OF THE MANAGEMENT OF STATE PROPERTY ON THE SHAPE OF THE SUPERVISORY BOARD AND THE BOARD OF THE MUNICIPAL COMPANYThe act on the management of the state property adopted in 2016 significantly transformed the entire system of management of state property, including its functional and structural-organisational aspects. As part of this reform, some provisions of the municipal economy act were also amended, which is understandable given affiliation of both types of property state and municipal to one category of public property. This article answers the question — what are the consequences for the self-government sector and economic agents operating within it entrepreneurs acting on the basis of municipal property of the changes made relating to the status, composition, appointment and operation of the supervisory board and board of directors of municipal company.
Prewencja w obszarze aktów kwalifikujących w działalności gospodarczej
Authors: Gola Jan
Published: March 2020

PREVENTION IN THE SPHERE OF QUALIFYING ACTS IN COMMERCIAL ACTIVITYThis article discusses the problem of a preventive character of qualifying acts in the sphere of public commercial law. The qualifying acts decisions form one of the elements of a broader sphere of regulation, i.e., administrative reglamentation in the market economy and their purpose is a determination of the existence of certain aspects of legal or factual nature and their subsequent quantifi cation. The paper characterises the basic features of these juridical instruments as well as analyses their function in the sphere of preventive supervision. The entirety of qualifying acts was divided into subcategories, the significance of which with regard to commercial activity was also pointed out. In the ending, certain conclusions with regard to the said institution were also formulated.
Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej obszar zamówień publicznych
Authors: Kocowski Tadeusz
Published: March 2020

NON-POSSESSION OF THE REQUIRED DECISION AND VALIDITY OF THE CONTRACT IN ECONOMIC ACTIVITY SPHERE OF PUBLIC PROCUREMENTIn the case of public procurement, the non-possession of the required decision by the contractor by the law and the terms of the proceedings results in the exclusion of the contractor from the award procedure and rejection of its off er. In this case, the public contract is not concluded. Public procurement are contracts concluded in conditions where it is difficult to talk about the implementation of the principle of freedom of contract. It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.
Milczenie administracji publicznej w świetle ustawy o swobodzie działalności gospodarczej
Authors: Trela Anna
Published: March 2020

SILENCE OF AN ADMINISTRATIVE AUTHORITY IN THE LIGHT OF THE ACT ON ECONOMIC FREEDOMThe study regards a silence inactivity of an administrative authority according to the provisions of the Act of 2 July 2004 on economic freedom. The author is analysing provisions concerning settling the matter for the entrepreneur without an unnecessary delay, a lack of interpretation and not-entering an entrepreneur in the register of regulated activity within the appropriate period of time as prescribed by the mentioned Act. There is a reference to the procedural peculiarities coming out of the Act on the economic freedom with regards to the regulation of the Code of Administrative Procedure, and with reference to the doctrine on the inactivity of an administrative authority and the general concept of “silence of an administrative organ.”
Kilka uwag o regulacji prawnej przedsiębiorczości w późnym średniowieczu
Authors: Wojciechowski Rafał
Published: March 2020

SOME REMARKS ON LEGAL REGULATION OF ENTREPRENEURSHIP IN THE LATE MIDDLE AGESThe author analyzes main issues of legal regulation of entrepreneurship in the late Middle Ages. At the beginning, the concepts of “law merchant” and “commercial law” were compared. The author then indicated the signifi cance of Roman law and its reception for the law used by entrepreneurs and presented the basic information about maritime law, borough rights and market jurisdiction. The issues of typology of commercial companies, development of banking and beginnings of the bankruptcy law were also studied. Finally, the author concluded that without a ruling factor, it was impossible to regulate entrepreneurship in the Middle Ages. The ideas about the self-regulating of merchant estate, autarkic lex mercatoria and exclusive trade courts are not completely false, but they are exaggerated. The participation of public authorities in the regulation of entrepreneurship has been irreplaceable.
Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego
Authors: Małecki Witold
Published: March 2020

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.
Wyłączenie biegłego w postępowaniu arbitrażowym
Authors: Budniak-Rogala Aleksandra
Published: March 2020

DISQUALIFICATION OF AN EXPERT WITNESS IN AN ARBITRATION PROCEDUREThe legislator has not provided any specific regulations stipulating the legal basis of a disqualification of an expert witness in an arbitration procedure in the Polish Civil Procedure Code. As a result, it is clear whether it is possible and, if so, under what conditions it could take place. The proceedings before the arbitration court are entirely distinct from litigation, and, therefore, there are different rules concerning the evidentiary procedure, especially obtaining an expert opinion. During the arbitration procedure, as opposed to litigation, there are two modes of obtaining said evidence. As a general rule, there is a possibility of appointing an expert witness by the arbitration court; however, it is more common for the parties to appoint an arbitration expert witness. This justifies the different approach to the matter of disqualification of an expert witness — on the basis of the source of their appointment.Regarding the event of appointing an expert witness by the arbitration court, it is important to note that pursuant to the provision of Article 1184 § 2 sentence 2 of the Civil Procedure Code, the arbitration court is not bound by the provisions regulating the litigation. Therefore, in the arbitration procedure on the grounds of the rule stipulated by the provision of Article 13 § 2 of the Civil Procedure Code there is no legal basis to apply the provisions of Article 281 of the Civil Procedure Code regarding the disqualification of an expert witness. However, it appears that in the analyzed matter it is possible to resort to the IBA Guidelines on conflict of interests in international commercial arbitration. The expert witness appointed by the party shall be attributed the status of a witness with special knowledge expert witness. With this approach there is no need to resort to disqualification of an expert witness — the evidence in question shall be evaluated based on rules on witness testimony.
Badanie przez sąd z urzędu skuteczności powołania się na właściwość miejsca płatności weksla — uwagi na marginesie uchwały Sądu Najwyższego z dnia 19 października 2017, III CZP 42/17
Authors: Jadłowski Przemysław
Published: March 2020

EX OFFICIO EXAMINATION THE EFFECTIVENESS OF INVOKING THE JURISDICTION OF THE COURT ARISING FROM THE PLACE OF PAYMENT OF A PROMISSORY NOTE — COMMENTS ON THE MARGIN OF THE SUPREME COUTR’S RESOLUTION DATED 19 OCTOBER 2017, III CZP 42/17The article is about the relation between the obligation of ex officio examination of unfair terms in consumer contracts, including determining the jurisdiction of the court, and the nature of promissory law. The author will consider whether the domicile clause included in the promissory note issued by the consumer or defined in the promissory note agreement may constitute an unfair term in a consumer contract. It will be necessary to assess the character of promisory notes and terms contained. The consequence of the unilateral nature of issuing a promissory note is a denial of the right to examine the abusiveness of the terms contained in the fully completed promissory note. The possibility of examining the unfair character of the domicile clause exists, however, in the case of a blank promissory note, since it may not concern the promissory note itself, but the terms of the promissory note agreement.
Delegowanie pracowników w ramach świadczenia usług. Rola Państwowej Inspekcji Pracy jako organu właściwego w rozumieniu „dyrektywy wdrożeniowej” 2014/67/UE oraz inne zadania Państwowej Inspekcji Pracy w zakresie delegowania pracowników
Authors: Kostyk-Lewandowska Agata
Published: March 2020

POSTING OF WORKERS IN THE FRAMEWORK OF THE PROVISION OF SERVICES. THE ROLE OF THE NATIONAL LABOR INSPECTORATE AS „A COMPETENT BODY” IN THE MEANING OF DIRECTIVE 2014/67/WE AND OTHER PIP TASKS IN THE AREA OF POSTING OF WORKERSThe article seeks to familiarize the reader with the phenomenon of the posting of workers in the framework of the provision of services, with particular emphasis placed on the differences between posting and a business trip. Explaining these differences seems to be of paramount importance in the case of workers posted from the territory of Poland to work abroad as implementation of business trip procedures in a situation of actual posting often leads to the circumventing of legal regulations on social security and personal income tax — deliberately and voluntarily or entirely by accident — and, consequently, to a reduction of the inflow of the amounts due to the state budget. This paper also presents an issue which is inseparably linked with posting, i.e. minimum employment conditions in a host country which must be guaranteed — irrespective of the choice of law made by the parties to the legal relationship — by the employer posting a worker outside the territory of the country where he/she usually performs work.The posting of workers in the framework of the provision of services falls within the area of the labour law regulated by the intracommunity standards which have been implemented in the Polish legal system. The article discusses the main EU legal acts pertaining to this matter and how these regulations have been introduced in the Polish law by means of the Act on of 10 June 2016 on the posting of workers in the framework of the provision of services.When analyzing the contents of the above-mentioned Act, a reference has been made to the National Labour Inspectorate’s remit, as per the provisions of the Act, as “a competent body” in the meaning of Directive 2014/67/EU, as well as to other tasks, obligations and rights of this institution resulting from the legal regulations in the area of the posting of workers in the framework of the provision of services.The remarks made in this article, presented in view of the legislation in force, lead to conclusions as regards necessary amendments of legal provisions on the competence and remit of the National Labour Inspectorate as the authority appointed to ensure the rule of law in the area of the posting of workers.
Postępowanie wykroczeniowe w sprawach dotyczących pracowników i innych osób wykonujących pracę zarobkową
Authors: Kowalski Sebastian
Published: March 2020

PROCEEDINGS IN PETTY OFFENCE CASES RELATED TO EMPLOYEES AND OTHER PERSONS ENGAGING IN GAINFUL OCCUPATIONIn the study, the proceedings in petty offences have been described in terms of the tasks imposed by law on work inspectors. Liability for an offence is a criminal liability sensu largo, and the proceedings in petty offence cases are similar to criminal proceedings. In cases provided for in the act, a work inspector conducts explanatory investigation in the course of which he may impose a fine on the offender, be satisfied with applying educational measures only or decide to file a motion for punishment in the court. In the latter case, after instituting the proceedings by the court, the work inspector acts as a public prosecutor. Issuing a sentence punishing for an offence, the court, as a rule, specifies the character of legal relationship between the employer and the wronged person.
Najwyższa Rada Sądownictwa w Rumunii
Authors: Ławniczak Artur
Published: March 2020

THE SUPERIOR COUNCIL OF MAGISTRACY IN ROMANIAIn the constitutional scheme of state power in Romania we can find the Superior Council of Magistracy. This subject is absent in the classical version of the political system. The Council is situated between the highest state powers and the courts. Its personal composition is constituted by delegates of the judiciary and public prosecutor’s office, as well as persons elected by the Senat. The task of the Council is presentation of judicial and prosecutor’s candidatures for the Presidency.
Rada Sądownictwa Irlandii Północnej
Authors: Gajda Agnieszka
Published: March 2020

JUDGES’ COUNCIL FOR NORTHERN IRELANDThe Judges’ Council for Northern Ireland was established in 2010. The only legal basis defining the principles of its operation and the procedure for appointing its members is the “constitution” adopted by the Council itself — the rules governing its action. The author analyses the competence and practice of this body and concludes that the Council has no imperative powers and that its role is limited to that of an advisory role. It has not been given the powers that are usually given to bodies of a similar nature. Despite this, the Lord Chief Justice of Northern Ireland, as head of the judiciary, before making specific decisions usually decides to consult them with representatives of various judicial circles represented in the Council, which increases public confidence in his decisions and confidence in the judiciary.
Rady Sądownictwa w Danii
Authors: Jarosz-Żukowska Sylwia
Published: March 2020

COUNCILS FOR THE JUDICIARY IN DENMARKThe purpose of this study is to discuss the political position, composition and competences of two independent judicial institutions operating in Denmark, namely the Danish Court Administration and Council for Judicial Appointments. Their establishment in 1998 they began operating on 1 July 1999 was undoubtedly the implementation of the constitutional guarantees of independence of judges, and in practice it also became an important factor in the very high level of confi dence of Danish society in the justice system. Both Danish judicial councils are statutory bodies because the 1953 constitution does not require the establishment of such institutions.
Akty agresji językowej na przykładach z języków polskiego i rosyjskiego
Authors: Pytel-Pandey Danuta
Published: March 2020

Acts of linguistic aggression: Examples from Polish and Russian languagesThe article shows the causes of acts of aggression in language based on the examples from Polish and Russian languages. It also demonstrates how the receiver reacts to the signs of language aggression.Акты языковой агрессии, показанные в примерахиз польского и русского языковВ настоящей работе рассматриваются причины возникновения актов языковой агрессии, показанной в примерах, происходящих из польского и русского языков, ивозможные способы реагирования на её проявления.
Образы стариков в прозе Александра Куприна: функции и поэтика
Authors: Romanienkova Marina
Published: March 2020

The images of old people in Alexander Kuprin’s prose: Functions and poeticsThe paper deals with the conception and depiction of the positive image of senility in A. Kuprin’s prose works of 1890–1910 and of 1930s. The following functional features of the images of old people are analyzed: 1 the meaning of being old old people as perceived by the young and the old; 2 the role in the storyline: loneliness and the attempts to overcome it, assistance providing help / wise advice; philosophical thinking in an existential situation death, emigration from Russia; as well as the devices of depicting senility kinship / non-kinship, application of the scheme “an old man + achild + apet dog / cat”. It is concluded that the images of the old comply with the established Russian ideals: “diffuse communication” K. Kasyanova, love for the Motherland, and due to this the ontological plane is revealed in these works.Obrazy starców w prozie Aleksandra Kuprina: sposób przedstawienia i funkcjeArtykuł ukazuje sposób przedstawienia pozytywnego obrazu starości w prozie Aleksandra Kuprina i rozważa jego znaczenie utwory z lat 1890–1910. Obrazy starców poddano analizie uwzględniającej semantyczne nacechowanie starości podejście do starości przez ludzi młodych i starych; udział postaci w fabule: samotność i próby jej przezwyciężenia, okazywanie pomocy od spraw codziennych do „mądrej rady”; filozoficzne rozważania o sytuacji egzystencjalnej śmierć, emigracja; sposoby prezentacji starości stosunki rodzinne i pozarodzinne, wykorzystanie schematu starzec + dziecko + zwierzę: pies lub kot. We wnioskach podkreślono, że obrazy starców w prozie Kuprina łączą się z modelem stałych wartości wyznawanych przez Rosjan. Dzięki wprowadzeniu do utworów postaci ludzi starych, problematyka wzbogacona zostaje o sens ontologiczny.
Stárnou pohádkové bytosti v současné české literární tvorbě pro děti a mládež?
Authors: Salhiová Martina
Published: March 2020

Do the fairytale creatures grow old in contemporary Czech literature for children and youth?The literary creation for children and youth does not avoid the literary realizations of attitudes towards old age. In this article, we will introduce three diverse ways to capture the aging process, but also the rejuvenation of the mythical creatures. In the prose with a child hero Dračí polévka, the Vietnamese grandfather was reborn as a lush dragon, in the fairy tale Lichožrouti, three different fairytale creatures are preparing for the end of their lives and in the book for children František zkaštanu, Anežka ze slunečnic, a metaphor of autumn is used to describe the cyclicality of the life in nature. Although the mentioned books are dissimilar, the description of old or aging persons is carried in the positive note, they become a pattern for little readers.Остаряват ли приказните същества в съвременните чешки произведения за деца и юноши?Дори в литературата за деца и юноши не отсъстват литературни реализации на отношението към старостта. В тази статия ще бъдат представени три различни начина за улавяне на процеса на стареене, но и подмладяване на митични същества. В прозата с дете герой Dračí polévka виетнамски дядо се преражда в буен дракон, в приказката Lichožrouti трима различни приказни герои се подготвят за края на живота си, а в книгата за деца František z kaštanu, Anežka ze slunečnic използва метафората на есента, описваща цикличността на живота в природата. Въпреки че споменатите книги са много различни, описанието на стари или застаряващи лица се извършва в положителен тон, те се превръщат в модел на малките читатели.
Czy starość ma płeć, czyli obraz zmierzchu życia w utworze Mešy Selimovicia „Ostrvo”
Authors: Modelska-Kwaśniowska Anna
Published: March 2020

Does the old age have the gender or about the image of dusk of human life in The Island of Mesa SelimovicIn the text Iexplore the picture of the main characters old age. The question concerns possi­ble existence any difference between woman’s and man’s old age.There are two main characters, the older couple Maric who live on the nameless island what is the symbol of their loneliness and insulation, too.The picture of the old age is negative and pessimistic. It is connected with fear of death, dis­eases, boredom, powerless. The woman’s and man’s old age are really similar although Katarina submitted to aging when her husband needed more time. At first he was dissented at all. It is the theme of the most interesting text The old dog. Ima li starost rod ili slika životnog sumrakau Selimovićevim delu OstrvoTekst Ima li starost rod ili slika životnog sumraka uSelimovićevim delu Ostrvo fokusira na slici starosti ina pitanju da li se ženska imuška starost razlikuju između sebe. Heroji Ostrva su bračni par Marić, Ivan i Katarina, penzioneri koji žive na bezimenom ostrvu. Ostrvo simbolizira njihovu osamljenost iizolaciju od sveta.Slika starosti kod Selimovića definitivno je negativna; ona se veže sa strepnjom od smrti, bolešću, čamotinjom, osećajem uzaludnosti. Ženska imuška starost ne razlikuju se mnogo između sebe, slične su iako Katarina se lakše složi sa starošću, Ivan se početno buni intenzivno, zatim polako prihvata realnost. Otome se priča unajinteresantnijem delu knjige Stari pas.
Антропотопос «покоління»: антропологічний, соціо- культурний, естетичний зріз
Authors: Тарнашинська Людмила
Published: March 2020

“Generation” anthropological topos: anthropological, socio-cultural, aesthetic dimensionThe article tracks genesis of the “generation” term and its interpretation by diﬀerent resear- chers — Ukrainian, Spanish, Polish, Russian. The article considers temporal and social functions of generation and its culturology paradigm, which expands itself within the triad: truth–tradition– morality. In researcher’s interpretation literature generation becomes a new psychotype, which is able to address challenges of the time.Антропотопос «поколение»: антропологический, социокультурный, эстетический срезВ статье прослеживается генезис понятия «поколение», его интерпретация разными исследователями — украинскими, польскими, российскими. Рассматриваются темпораль- ные и социальные функции поколения, его культурологическая парадигма, которая раз- ворачивает себя  в  границах триады:  истина–традиция–мораль. Литературное  поколение в интерпретации исследователя заявляет себя новым психотипом, способным отвечать на вызовы времени.