bluuebunny/crossref_metadata_2025 huggingface dataset:
Do Well And Do Good: Impact Investing For Endowments
Authors: Schor Adam
Published: March 2020

As the calls for responsible investing grow, universities will be asked about their endowments’ investment policies regarding impact investing, wherein endowments seek opportunities that provide investment returns and social impact. A common concern for the investment committees, however, is how to incorporate impact investments without compromising the goal of maximizing asset values and the benefit to its university. This paper offers a way forward. Using standard portfolio optimization models and a broader way to consider return, this paper suggests that an endowment can still meet the goal of maximizing expected value while investing with a purpose. It also offers examples of how to incorporate impact investing opportunities throughout the traditional asset classes in an endowment’s portfolio. The paper also addresses some reasons why endowments have been hesitant to incorporate impact investments. While other papers have addressed aspects of impact investing, this paper seeks to offer an accessible and holistic approach to the topic.
Factores de riesgo para desgarro perineal en partos sin episiotomía atendidos por personal en entrenamiento en un hospital universitario de Bogotá (Colombia) 2007
Authors: Abril-González Francis Paulina , Guevara-Villareal Alexandra Sofía , Ramos-Cruz Alveiro , Rubio-Romero Jorge Andrés
Published: March 2020

Objetivo: identificar los factores de riesgo para desgarros perineales grado II o superior durante el parto vaginal de pacientes atendidas por personal en entrenamiento en un hospital universitario con política selectiva de episiotomía.Metodología: se realizó un estudio analítico de cohorte prospectivo, incluyendo mujeres atendidas por parto vaginal en el Hospital de Engativá ESE nivel II entre noviembre de 2006 y mayo de 2007. Entre ellas, se identificaron aquellas que presentaron desgarros perineales grado II o mayores y se excluyeron las pacientes a quienes se les realizó episiotomía, parto instrumentado o cesárea por cualquier indicación obstétrica.Resultados: se incluyeron 149 pacientes de las cuales 81 (54,4%) presentaron desgarros perineales que requirieron sutura. Los factores de riesgo significativos para desgarro perineal durante el parto vaginal sin episiotomía fueron la duración de la fase activa del trabajo de parto mayor de 420 minutos (RR=1,45; IC95% 1,10-1,91), peso del neonato mayor de 3.100 g (RR=1,43; IC95% 1,05-1,94) y la inducción del trabajo de parto (RR=1,38; IC95% 1,03-1,86). El nivel de educación del operador, la paridad, el perímetro cefálico y la duración del expulsivo no fueron estadísticamente significativos mientras que el análisis de regresión logística estableció que el peso (RR=2,6; IC95% 1,25-5,49) y la duración de la fase activa (RR=3,0; IC95% 1,336,48) fueron los factores de riesgo significativos.Conclusiones: la duración de la fase activa y el peso del neonato son factores de riesgo para desgarro perineal. Por el contrario, ni la inducción del parto ni el nivel de formación del operador fueron factores de riesgo estadísticamente significativos.
Hipotiroidismo y riesgo de aborto
Authors: Vivas Carlos Arturo , Cárdenas Jenny Soraya , Cardozo Sandra Milena , Carvajal-Canizales Katherine , Cifuentes Juan Camilo
Published: March 2020

Objetivo: revisar, en la literatura disponible, aquellas evidencias que muestren la asociación entre hipotiroidismo y aborto.Metodología: se realizó una búsqueda bibliográfica utilizando la base de datos especializada Medline y los buscadores Pubmed y Ovid para identificar literatura relevante.Resultados: aunque varios estudios mostraron un aumento en el riesgo de aborto en las pacientes con hipotiroidismo clínico, hipotiroidismo subclínico y en pacientes eutiroideas con anticuerpos antitiroideos, fue en este último grupo de mujeres en donde se evidenció una fuerte asociación entre el hipotiroidismo y el aborto. Por lo tanto, se recomienda realizar el diagnóstico y tratamiento temprano del hipotiroidismo clínico y subclínico en las mujeres embarazadas, así como la búsqueda de anticuerpos antitiroideos en el grupo de abortadoras recurrentes; y aunque algunos trabajos han demostrado una disminución en el riesgo de aborto utilizando suplencia con levotiroxina en las pacientes con anticuerpos antitiroideos, aún no se puede recomendar dicha terapia en este grupo de pacientes.Conclusión: se requieren estudios adicionales con un mayor número de pacientes y un adecuado diseño para definir claramente la asociación entre aborto y enfermedad tiroidea, y así poder establecer terapias adecuadas.
Insect Pests of Black Gram (Vigna mungo L.) and Their Management in Vindhya Region
Authors: Rajawat Indrajeet Singh , Kumar Akhilesh , Alam M. A. , Tiwari R. K. , Pandey A, K.
Published: March 2020

A study was conducted during the Kharif season of 2016-17 divulged the beginning of white fly infestation was recorded in the 5th week of July and reached a peak level 10.93 N and A /plant in the 4th week of August and aphid infestation was recorded in the 2nd week of August and reached a peak level 12.40 N and A /plant in the 2nd week of September. Correlation coefficient values for white fly and aphid population incidence and weather parameters showed that maximum and minimum temperature had positive influence while maximum and minimum relative humidity besides rainfall had negative influence on both the pest population. The incidence of ten species of insect pests and six species of natural enemies on the crop from germination to harvesting stages. Out of these insect pests six sap feeder; two defoliator; one stem feeder and one flower feeder were observed to infest in the urdbean. Therewith, six species of natural enemies were observed in the black gram variety T-9 under the agro-climatic condition of district Rewa. Evaluate the efficacy of Flubendiamide 24 % + Thiacloprid 24% SC 200 ml/ha, Flubendiamide 39.35% SC 125 ml/ha, Thiacloprid 21.7% SC 250 ml/ha, Chlorantraniliprole18.5% SC 160 ml/ha, Flubendiamide 24 % + Thiacloprid 24% SC 250 ml/ha, Quinalphos 25% EC 1500 ml/ha, Thiomethoxam 25% WG 125 g/ha and Emamectin benzoate 5% SG 220 g/ha against the Bemisia tabaci and Aphis craccivora. Thiacloprid 21.7% SC was found significantly most effective against white fly while, Thiomethoxam 25% WG was found significantly most effective against aphid.
Morpho Physico-Chemical Components of Resistance to Pod Borer, Helicoverpa armigera (Hübner) in Pigeonpea [Cajanus cajan (L.) Millspaugh]
Authors: Jat B. L. , Dahiya K. K. , Yadav S. S. , Mandhania S.
Published: March 2020

The experiments were conducted at CCS HAU, Hisar (Haryana) to study the morpho physico-chemical components of resistance to pod borer, Helicoverpa armigera in pigeonpea with different sowing dates. In different four sowing dates, the minimum pod infestation (1.70%) was recorded in (D4) 3rd week of July sown crop, whereas, it was observed maximum (4.54%) in (D2) 1st week of July sown crop. In different pigeonpea varieties, the minimum mean pod infestation (2.45%) was recorded in AL-201, whereas, the maximum mean pod infestation (3.72%) was recorded in Pusa-992. The glandular (type A) and non-glandular (type B) trichomes on pods of top and middle canopy of the plant and pod wall thickness were associated with resistance to H. armigera, whereas, the non-glandular lengthy (type C) trichomes and pod length were associated with susceptibility to this insect. The expression of resistance to H. armigera was also associated with the high amount of fat, phenol and tannin content. Crude protein and total soluble sugar content were responsible for higher pod infestation.
Influence of Foliar Application of Nutrient on Growth, Yield, Economics, Soil Nutritional Status and Nutrient Uptake of Soybean
Authors: Jaybhay S. A. , Varghese Philips , Taware S. P.
Published: March 2020

A field experiment was carried out during kharif season of 2016 and 2017 at an experimental farm of MACS Agharkar Research Institute, Pune, India to study the influence of foliar application of nutrient on growth, yield, economics, soil nutritional status and nutrient uptake of soybean crop. An experiment was laid out in randomized block design (RBD) comprising of three replications and nine treatments. Recommended dose of fertilizers (RDF) was applied as basal application to all treatments. Seven treatments consisted of different doses of nutrients as foliar application at pod initiation stage. Water spray at pod initiation stage and RDF alone were treated as control. The results revealed that, growth attributes, nodulation and its weight, morpho-physiological parameters, yield and its attributes, nutritional parameters and economics significantly differed by various foliar nutrition treatments except control and RDF + water spray. RDF + Urea 2% (3098 kg ha-1) gave significantly higher seed yield over control (2704 kg ha-1) and RDF + water spray (2686 kg ha-1) but was at par with RDF + DAP 2% (3050 kg ha-1), RDF + MOP 0.5% (2992 kg ha-1) and RDF + Molybdenum 0.5% (2955 kg ha-1). The increase in seed yield with foliar application of 2% Urea along with RDF was 14.57% over control and 15.34% over RDF + water spray. Higher net returns (Rs. 49,006/- ha-1) and benefit: cost ratio (2.23:1) was obtained in treatment RDF + Urea 2% followed by RDF + DAP 2% foliar spray. Availability of N, P and K was significantly higher with treatment RDF + Urea 2% foliar spray over control and RDF + water spray. N and P uptake by soybean plants was significantly higher in treatment RDF + 2% Urea over RDF + water spray and RDF alone (control).
Effect of Bacterial Inoculation and Different Phosphorus Doses on Yield Components and Yield of Chickpea (Cicer arietinum L.)
Authors: Bildirici N
Published: March 2020

This research was carried out in 2014-15 to determine yield and yield components of Azkan chickpea (Cicer arietinum L.) varieties with four different phosphorus doses and rhizobium bacteria in Van-Gevaº ecological conditions. The experiment was established as a randomized block design with three replications. The results of the research indicated that inoculation and phosphorus doses affected plant height, height of first pods, number of branches per plant, number of pods per plant, number of grain per plant and grain yield significantly. Grain yield averages ranged between 1556.10-1682.30 kg ha-1 in the first year and 1628.90-1677.30 kg ha-1 in the second year. When the results of inoculation and phosphorus doses were examined, the highest grain yield in both the years (1894.90-1867.70 kg ha-1, respectively) was obtained with 80 kg ha-1 phosphorus doses applied to inoculated plots. Increases in inoculation and phosphorus doses increased the grain yield.
Philosophical and Anthropological Explication of the Concept of “Personality” Through the Prism of Human Existential Freedom
Authors: Kholodova Alisa A.
Published: March 2020

The article presents the philosophical and anthropological explication of personality in the context of human existential freedom. Existential freedom as a basis for understanding an integral personality and the sociocultural determinants of the constituting of human freedom are analyzed. It is shown that personal freedom can be realized either in the direction of greater satisfaction of one’s natural inclinations or towards overcoming these same inclinations and desires, but can be based on the search for a balance between the first and second determinants of human existence.
The Concept of “Non-Subjectivity” in Science, Culture and Philosophy: Searching for New Meanings
Authors: Kafarov Telman E.
Published: March 2020

The article reveals the content of some theories based on the methodological and worldview basis of the concept of “non-subjectivity”: postmodernism, constructivism, physicalism, cognitivism, neurophysiology, neuropsychology, neurolinguistics and other sciences. The heuristic aspects of these theories in the understanding of man and consciousness are shown, as well as significant shortcomings, which consist in the violation of the dialectic of objective and subjective reality, subject and object, are reveled. There are some examples, that illustrate the need for a comprehensive study of people not only on the basis of the study of the psychology of higher nervous activity, but also the activity and communication mechanisms of human study in culture and society.
„Studia o Książce” 1970–1993 — koncepcje programowe i ich realizacja
Authors: Korczyńska-Derkacz Małgorzata , Łuszpak Agnieszka
Published: March 2020

STUDIA O KSIĄŻCE 1970–1993 — PROGRAMME CONCEPTS AND THEIR IMPLEMENTATIONAn analysis of the 19 volumes of Studia o Książce [Book Studies] 1970–1993 as well as the surviving archive editorial materials has enabled the author to present the changing editorial team and profile of the journal, its authors, and to examine this bibliological journal in terms of the topics it tackled various sections with their content and formal-editorial features layout, illustrations, sources of financing, size, number of copies, price. The author has analysed the concepts of the journal’s main authors as well as the editorial team’s plans, and has compared them to what the editorial team managed to accomplish.
Książki z serii „Biblioteka Młodych Miczurinowców” jako przykład łączenia popularyzacji wiedzy i ideologizacji młodego pokolenia w latach 50. XX wieku
Authors: Staniów Bogumiła
Published: March 2020

BOOKS FROM THE “BIBLIOTEKA MŁODYCH MICZURINOWCÓW” SERIES AS AN EXAMPLE OF HOW POPULARISATION OF KNOWLEDGE WAS COMBINED WITH IDEOLOGISATION OF YOUNG PEOPLE IN THE 1950SIn the article the author discusses the Biblioteka Młodych Miczurinowców Young Michurinist Library — a series of popular science books about nature for children and young people published in post-war Poland in 1953–1956. She explores the specificity of the books from the series, which — in addition to information about plants, animals and their amateur husbandry — also provided their readers with elements of the communist ideology. They were to disseminate the idea of Michurinism launched by the famous Soviet biologist and experimenter Ivan Michurin. School gardens and farms were used to teach pupils how to cultivate crops and use generally available plants to the maximum, and how to enrich their diet with farm animals that were easy to manage. The simple, largely fictionalised stories about nature, featuring a basic end matter, were to help teachers develop children’s and young people’s socialist worldview, and teach the contents recommended by the ministry.
Elementy przybyszowe w oprawach późnogotyckich — formy, funkcje, terminologia
Authors: Chlebus Ewa
Published: March 2020

ELEMENTY PRZYBYSZOWE W OPRAWACH PÓŹNOGOTYCKICH — FORMY, FUNKCJE, TERMINOLOGIAZnaczenie kart przybyszowych. Zmiany układu kart przybyszowych. Różnorodność rozwiązań technicznych w oprawach późnogotyckich. Karty przybyszowe i elementy przybyszowe. Wyklejka. Karty ochronne. Zszywki. Scyzura. Wyklejenie grzbietu. ELEMENTS ADDED TO LATE GOTHIC BINDINGS — FORMS, FUNCTIONS, TERMINOLOGYUsing late Gothic bindings as examples, the author of the article examines terminological problems associated with leaves or fragments of leaves added to books during binding. She defines the various elements, i.e. pastedowns, flyleaves, sewing guards, guards or spine linings. The aim of the article is to demonstrate the variety of solutions used by bookbinders as well as various functions of the binding elements. Particular emphasis is put on cases that question or at least encourage reconsideration of the definitions of these elements.
Graficzny obraz systemu prawa: prawo, estetyka, estetyka prawa?
Authors: Zajadło Jerzy
Published: March 2020

GRAPHIC VISION OF LEGAL SYSTEM: LAW, AESTHETICS, AESTHETICS OF LAW?Legal philosophy is concentrated on such traditional philosophical problems like ontology, epistemology, logic and ethics. Obviously it lacks the last main philosophical issue — aesthetics. The author tries to fill this gap with so-called pragmatic aesthetics formulated by R. Schusterman. Using the latin terminology he claims that the law should be not only certa, praevia, scripta et stricta, but pulchra as well. On this background the author proposes two graphic models of the legal system: the first, concentrated on the logical structure e.g. H. Kelsen, H.L.A. Hart, and the second, concentrated on the axiological borders e.g. G. Radbruch, L.L. Fuller. In the conclusion he presents also some new proposals, like for example three-dimensional vision of the global law formulated by R. Domingo.
Korporacyjne regulacje pozaprawne a systemowość prawa. Zarys problemów
Authors: Jabłońska-Bonca Jolanta
Published: March 2020

CORPORATE EXTRA-LEGAL REGULATIONS AND SYSTEMIC NATURE OF LAW. OUTLINE OF PROBLEMSThe purpose of the paper is to draw attention to the impact of the modern corporate normative environment in specific legal systems on the systemic nature of law.The subjects of analysis are the autonomous adjustments made by large, global economic corporations that create global practices, standards and principles of operation for certain categories of recipients. Practices, standards, guidelines, regulations, etc. are forms of self-regulation.The author presents three types of regulatory responses of global corporations to law, distinguishing them based on the main object and the specificity of the impact area.Different types of corporations calculate differently the regulatory, financial and reputational risks — therefore react differently to laws. Reaction mechanisms are described in this paper.
Administrator Bezpieczeństwa Informacji a Inspektor Ochrony Danych na tle regulacji krajowych i unijnych — wybrane zagadnienia
Authors: Wygoda Krzysztof
Published: March 2020

DATA PROTECTION OFFICER AND DATA PROTECTION INSPECTOR ON THE BACKGROUND OF NATIONAL AND THE EU REGULATIONS — SELECTED ISSUESThe main aim of this article is the attempt to conduct acomparative analysis of selected issues from the relationship between ABI Data Protection Officer/IOD Data Protection Inspecor and ADO Controller. The test area includes mainly issues related to the establishment of inspection bodies. In particular, this problem when it depends on the discretion of the ADO and in which cases turns into alegal obligation. The description includes the conditions set for the candidate for the ABI/IOD, and the process of their verification. Apart from main considerations the article provides also comments on the nature of the relationship between them and the ADO.
Agraryzm i jego wyraz w myśli społeczno-ekonomicznej F. Bujaka, W. Stysia i W. Grabskiego
Authors: Kowalczyk Edyta
Published: March 2020

AGRARIANISM AND ITS EXPRESSION IN THE SOCIO-ECONOMIC IDEAS OF F. BUJAK, W. STYS AND W. GRABSKIScientific interests of F. Bujak, W. Stys and W. Grabski focused on agriculture and agricultural policy. During the inter-war period, they represented the so-called professorial trend in the development of the agrarian thought. They pointed out the need to improve the situation of the peasants and introduce an agricultural reform. While supporting the dissemination of property, they advocated for increasing the amount of land owed by peasants. Additionally, they suggested buying land by the state, and opposed to the parceling land without compensation. They also advocated for building a fair socio-economic political system, and liquidation of exploitation. Finally, they underlined the importance of cooperatives in the process of spreading economic and civilization progress in rural areas.
Współczesne reminiscencje absolutystycznego modelu policji administracyjnej
Authors: Małecki Witold
Published: March 2020

CONTEMPORARY REMINISCENCES OF THE ABSOLUTIST MODEL OF ADMINISTRATIVE POLICE The absolutist model of administrative police, perceived as a sphere of the activity of public authority, is based on two pillars. The material pillar concerns the purpose of police activity, which is to achieve overall prosperity including the prosperity individuals, in the shape specified by the monarch. The formal pillar concentrates on ius politiae — the general authorization of the monarch to perform each forcible interference in the sphere of the rights of the subject, intended to achieve overall and individual prosperity. Contemporary institution of forced evacuation corresponds to the material pillar of the absolutist model of administrative police, as it allows public authority to evacuate an individual in case of threat for their life, even despite the opposition of the individual. The institution of order regulations seems to be a contemporary reminiscence of ius politiae. In the form of order regulations the organs of public administration, using a general competence, are entitled to establish legal norms, the content of which is not specified in the statute.
Rozporządzenie eIDAS — nowe ramy prawne w zakresie identyfikacji elektronicznej i usług zaufania w Unii Europejskiej
Authors: Siemaszkiewicz Maria
Published: March 2020

eIDAS REGULATION — A NEW LEGAL FRAMEWORK FOR ELECTRONIC IDENTIFICATION AND TRUST SERVICES IN THE EUROPEAN UNIONThis article analyses the Electronic Identification and Trust Services eIDAS Regulation which per 1 July 2016 will create a new European legal framework for secure electronic interactions across the European Union EU. The eIDAS Regulation seeks to enhance trust in electronic transactions in the internal EU market by providing a common foundation for secure electronic interactions between citizens, businesses and public authorities, thereby increasing the effectiveness of public and private online services. The article reviews provisions of the eIDAS Regulation related to electronic identification eID, such as removal of existing barriers to the use of the eID in the EU, mutual eID recognition by the EU member states, and interoperability of all national eID schemes. Furthermore, the article focuses on trust services and service providers. Comparing the eIDAS Regulation with its predecessor, the eSignature Directive, the article outlines advantages of the eIDAS Regulation related to the possibility of using trust services as evidence in legal proceedings.
The Rule of Law in the European Union — is there a common definition?
Authors: Kowalik-Bańczyk Krystyna
Published: March 2020

PAŃSTWO PRAWA W UNII EUROPEJSKIEJ — CZY ISTNIEJE WSPÓLNA DEFINICJA?Tematem opracowania jest problematyka ochrony zasady państwa prawa w prawie Unii Europejskiej. Przedstawione zostały zarówno rozważania teoretyczne nad samym pojęciem zasady państwa prawa w Unii Europejskiej, jak i aktualne tendencje, by do tej zasady sięgać w związku z rozwojem sytuacji politycznej w niektórych państwach członkowskich UE.
Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?
Authors: Rudy Michał
Published: March 2020

WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.
O zabijaniu — uśmiercanie zwierząt przeznaczonych do celów gospodarczych w świetle przepisów rozporządzenia Rady WE nr 1099/2009 oraz regulacji krajowych
Authors: Gruszczyńska Agnieszka
Published: March 2020

ON TAKING LIFE — THE KILLING OF ANIMALS DESTINED FOR COMMERCIAL USE IN THE LIGHT OF THE COUNCIL REGULATION EC NO. 1099/2009 AND DOMESTIC REGULATIONSLegal articles aiming to protect animals from pain and suffering during killing process constitute one of the key areas of humanitarian animal protection regulations. Within the EU law, the Council Regulation EC No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing constitutes the main act regulating this area Official Journal L 303 of 18.11.2009, pp. 1–30. The member countries have pledged to apply the said Regulation as of January 1, 2013. In order to assure its proper implementation it is necessary to introduce the EU regulations into domestic legislature, while simultaneously revoking the overlapping or conflicting domestic regulations. To date 15.12.2018, Poland has failed to fulfil the above obligation, while the application and interpretation of the EU and domestic regulations remain contentious. This results in the need to verify each particular case with regard to the applicable regulations by an entity responsible for commercial animal slaughter or by asupervisory body, which negatively impacts on the animal protection.In March 2016 the Minister of Agriculture and Rural Development presented adraft of an amendment to the Animal Protection Act for public consultation and settlement, whose aim is to implement the above-mentioned regulations. However, the proposed solutions evoke many questions and substantial doubts, while at the same time in the project implementation activities are lacking.The implementation of regulations ensuring proper application of the 1099/2009 Regulation should be considered crucial to guarantee the correct standards of protection of animals at the time of killing.
Wszczęcie postępowania sądowego w sprawach z zakresu ubezpieczeń społecznych
Authors: Jabłoński Andrzej
Published: March 2020

INITIATION OF COURT PROCEEDINGS IN SOCIAL SECURITY CASESThe article discusses selected issues concerning the initiation of court proceedings in social security cases. The author begins his research by considering the legal approach of an appeal, which leads to the conclusion that it performs the role of the claim. The appeal does not necessarily have to meet the formal criteria of law suits due to the liberalisation of existing regulations. Furthermore, the term of appeal is also treated quite liberally by regulations. The appeal should be filed within one month of delivery of the decision, however, the case canal so be continued, when the failure to meet the deadline occurred due to reasons beyond control and was not excessive. Nonetheless, the fact that Polish Code of Civil Procedure does not directly regulate the problem of the response to an appeal raises objections. The question of which entities are authorized to file an appeal is acontroversial subject, but even more so is the question of whether an appeal could be filed by the interested party.
Wybrane zagadnienia postępowania dowodowego w sprawach z zakresu ubezpieczeń społecznych w świetle orzecznictwa sądowego
Authors: Prusinowski Piotr
Published: March 2020

FIELD OF SOCIAL INSURANCE — SELECTED ISSUESEvidentiary proceedings in cases in the field of social insurance show significant autonomy in relation to the general model of proceedings in civil cases. However, the extent of possible devia­tions is not always clearly defined. The question of modifying the pattern of evidence in this cat­egory of cases is particularly problematic. In jurisprudence there has been adiscrepancy, which leads to regionalization of litigation attitude. Moreover, the position of the Supreme Court is also unclear. As aresult, it is necessary to take interpretative effort to create afocused directive to unify the course of evidentiary proceedings in cases in the field of social insurance.
Sfera publiczna, sfera prywatna i wolność religijna
Authors: Woleński Jan
Published: March 2020

THE PUBLIC SPHERE, THE PRIVATE SPHERE AND RELIGIOUS FREEDOMThis paper considers the problem of religious freedom in the context of Polish Constittution 1997. One should distinguish religious liberty right to do something and religious freedom in­dependence of religion. Both cases are difficult to be sharply delimited, similarly as interference of religious sphere and out-religious sphere comprising law and morality as basic forms of social con­trol. The rational regulation of the problem of religious liberty and freedom should aim at a proper equilibrium between sacrum and profanum in the democratic system. The author points out that Polish state does not succeed in this respect.
Organizacja i zarządzanie podmiotami leczniczymi. Otoczenie i nowe wyzwania
Authors: Ilnicka Paulina
Published: March 2020

ORGANISATION AND MANAGEMENT OF ENTITIES. ENVIRONMENT AND NEW CHALLENGESMedical entities play important role In health care system as they are direct providers of health services, so organization and management of these entities won’t be of less importance for health care customers — patients. This publication deals with subject of medical entities from organization and management study point of view. The analysis will be subjected to medical entities development policies, methods of medical entities management and Human Resources management in medical entities.
Przedsiębiorstwo w polskim systemie prawnym
Authors: Firlit Jarosław
Published: March 2020

ENTERPRISE IN THE POLISH LEGAL SYSTEMThe presented study is a presentation of the problem of the concept of enterprise in the Polish legal system. The purpose of this paper is to present the complexity of the definition of an enterprise in the light of applicable legal provisions, judicial decisions and legal dogmatics. Due to the nature of the article, the main research method will be an objective analysis of the legal order regulating the enterprise’s issues aimed at systematizing the most important issues in the presented topic.
Odpowiedzialność członków rady nadzorczej spółki akcyjnej za prawidłowość sprawozdań finansowych spółki
Authors: Krześniak Eligiusz Jerzy
Published: March 2020

RESPONSIBILITY OF MEMBERS OF THE SUPERVISORY BOARD OF A JOINT-STOCK COMPANY FOR THE CORRECTNESS OF THE COMPANY’S FINANCIAL STATEMENTSDirective 2006/46/EC aims to clamp down on the manipulation of data contained in the annual accounts. While this regulation was implemented in Polish law, no account was taken of the need to adapt it to the Polish regulations already in force that arise under the Polish Code of Commercial Partnerships and Companies. Some of the provisions of the Directive were transposed into Polish law according to the “cut + paste” formula, failing to take into consideration the specificity of the Directive and the Directive as a whole. Consequently, the interpretation of relevant national provisions may potentially lead to the conclusion that members of the supervisory board of a joint-stock company are to be held jointly and severally liable together with the manager of the company for ensuring that the content of the annual accounts accurately reflect the reality. In the author’s opinion, such a conclusion would be too far-reaching. The analysis shows that as it concerns the scope and principles of liability of members of supervisory boards related to the annual accounts, there are arguments for adopting a less restrictive than solely literal interpretation of Article 4a of the Accounting Act. As a result, in the author’s view, it is impossible to attribute responsibility to a member of the supervisory board of a joint-stock company for errors or misstatements in the annual accounts as long as he exercised due care and diligence in performing his duties and in particular assured together with other members of the board that the process of drafting and publication of the annual accounts proceeded smoothly and was carried out properly.
Pracodawca jako odpowiedzialny za chorobę parazawodową
Authors: Wyka Teresa
Published: March 2020

EMPLOYER AS THE ONE RESPONSIBLE FOR OCCUPATIONAL DISEASEThe Labour Code in art. 227 distinguishes two categories of diseases, that may occur in relation to work — occupational diseases and other diseases caused by working environment. In those both cases employer is required to do conduct appropriate preventive measures. However, only in occupational diseases case the list, recognition procedure and social security benefi ts that derived from those, was defi ned. In case of other, not directly defi ned diseases caused by working environment, only civil law procedure is available for aggrieved employee. Therefore, it was proposed, that legislator should clearly defi ne the procedure for certifi cation of such disease caused by working environment, as well as the scope of benefi ts that aggrieved employee is entitled to.
Domniemanie prawidłowości milczącego załatwienia sprawy
Authors: Adamiak Barbara
Published: March 2020

PRESUMPTION OF THE CORRECTNESS OF THE SILENT DEALING WITH THE CASESummaryThe silent dealing with the case enters into legal circulation on the day following the day on which the time limit stipulated for issuing the decision or ruling terminating the proceedings in the case or raising objections expires Article 122c § 1 of the Code of Administrative Procedure. The silent dealing with the case acquires the aspect of the fi nal dealing with the case. According to art. 122g in fi ne of the Code of Administrative Procedure “It is assumed that the eff ect of issuing the final decision was made within fourteen days from the date of expiry of the deadline referred to in art. 122C § 1.” The silent dealing with the case is valid in the legal circulation, binding both the public administration bodies and the party parties. The silent dealing with the case benefits from the protection of durability, being legally binding as a solution to the case in accordance with the law. Undermining the durability of a silent dealing can be done by rebutting the presumption of correctness based on the law in the procedures provided for verifying the decision, as well as a result of an inspection of the enforcement of the decisions applicable to the silent dealing with the case Article 122g of the Code of Administrative Procedure.
Działalność gospodarcza poddana reglamentacji w świetle orzecznictwa Trybunału Sprawiedliwości na przykładzie prowadzenia gier hazardowych
Authors: Biernat Stanisław
Published: March 2020

ECONOMIC ACTIVITY SUBJECTED TO REGLAMENTATION IN THE LIGHT OF THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION EXEMPLIFIED BY CONDUCTING GAMBLINGIn EU law, conducting gambling is classified as the exercise of the freedoms of the internal market, regulated in the Treaty on the Functioning of the European Union. Conducting gambling is not currently regulated or harmonized at EU level, and therefore the regulation of gambling is the competence of Member States. EU law defining acceptable ways of regulating gambling in the Member States is now a judge-made law and the result of the creative jurisprudence of the Court of Justice of the European Union. So far, the Court has issued dozens of judgments in which it interpreted Treaty provisions proclaiming the freedoms of the internal market in the context of conducting gambling. These judgments provide a direct or indirect assessment of whether national law complies with EU law.
Wolność prowadzenia działalności gospodarczej w świetle art. 16 Karty praw podstawowych — wybrane problemy
Authors: Horubski Krzysztof
Published: March 2020

FREEDOM TO CONDUCT A BUSINESS IN THE LIGHT OF ARTICLE 16 OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION — SELECTED ISSUESThe article deals with the signifi cance and legal character of the provision of Article 16 of the Charter of Fundamental Rights of the European Union. This article provides for the freedom to conduct a business. Therefore, the article presents a standpoint regarding the qualifi cations of the right to conduct business within the framework of the division of provisions of the Charter of Fundamental Rights into principles and fundamental rights rights or freedoms. In the article’s considerations, the right to conduct business activity under art. 16 of the Charter is recognized as a fundamental right. The article also draws attention to the signifi cant deficiencies in the protection of economic freedom in EU law, in particular when it concerns the introduction of restrictions on this freedom in EU derivative law. Finally, comments are also made regarding the basic aspects of the subjective and objective scope of the right to conduct business.
Kierunki rozwoju nauki publicznego prawa gospodarczego z perspektywy instytucji i wartości konstytucyjnych
Authors: Kokocińska Katarzyna
Published: March 2020

DIRECTIONS OF THE DEVELOPMENT OF THE SCIENCE OF PUBLIC ECONOMIC LAW FROM THE PERSPECTIVE OF CONSTITUTIONAL INSTITUTIONS AND VALUESThe axiological justification of legal norms is an important area of research on general legal problems. Legal norms should be embedded in values, and constitutional institutions and values constitute the basic point of reference for adopted legal regulations, setting the direction of regulation. In the research on public economic law, the method of recognition and the constitutional guarantee of the economic system are of particular importance. This approach has a direct reference to the functioning of public administration in the economy economic administration as a directive of its specifi c activity, defining a system of values protected by public economic law. Constitution is the source of fundamental values and legal institutions that give legal constructs a uniform meaning for the whole science of public economic law. Institutions and constitutional values order the actions of public administration in a specific sphere, which is the economy.
Koncepcja prawa interwencjonizmu
Authors: Kosikowski Cezary
Published: March 2020

CONCEPT OF THE INTERVENTIONISM LAWThe author proposes that the division of law into sections should also distinguish the interventionism law. This includes legal regulations regarding the scope, forms and methods of impact of international organizations, EU institutions and national authorities on processes related to the economy, especially its development and functioning in the market system and in the conditions of globalization, internationalization and economic integration of modern states. In order to justify its proposal, the author points out that modern interventionism is no longer limited to traditional state interventionism, but it is exercised by international organizations and the European Union in relation to the Member States. All entities carrying out the functions of interventionism do so on the basis of law. From the point of view of the EU Member State, these are regulations complementing each other and forming a whole as a source of applicable law. The author does not propose any codification procedures in the field of interventionism law. He claims, however, that the national legislator should create, control, interpret and apply the national law of intervention, taking into account the fact that there are regulations inherent in the international and EU law of interventionism.In addition, the author indicates the need for a different approach to interventionism in scientific research and didactics. In this regard, he sees the need to change the organization of scientific research on the subject of interventionism in its legal aspect. He puts on interdisciplinary research with the participation of many specialists. In didactics, he proposes adjustments in economics curricula for lawyers and in legal discipline programs. In particular, it is about introducing the subject of contemporary interventionism and problems related to its legal basis and the boundaries and legal forms of its functions.
Aksjologia i prawo przekształceń własnościowych w gospodarce
Authors: Powałowski Andrzej
Published: March 2020

AXIOLOGY AND LAW OF POSSESSIONAL TRANSFORMATIONS IN ECONOMYThe possessional transformations have mainly subjective character, depending first of all on “replacing” the definite subjects of right of property by other subjects. The forms of possessional transformations are nationalization and its consequences, and so to say reverse: reprivatization, affranchisement, municipalisation and privatization. Each of these forms is connected with undertaking legal and actual actions, the aim of which is the induction of suitable change of subject of the property right. The basis of these actions are acts of law with legal ranks introducing the obligation — being actualized in the course of a suitable procedure — taking over of the property right from the existing owner owners. In each case of performing the possessional transformation, formulated — in clear way or inferred — the premise or the aim of transformation, in peculiarity is then the public business which is given diverse content and the meaning. Not only however generally comprehended and not always identified public business is the premise of making of possessional transformations. The basis of those transformations are different kind of values of the character both legal and economic as well as social and as a consequence there were and still are different motives premise of their making.
Konstrukcja finansowego stosunku prawnorynkowego a nadzór makroostrożnościowy na rynku ubezpieczeniowym
Authors: Fedorowicz Magdalena
Published: March 2020

THE FINANCIAL MARKET LAW PRIVITY AND MACROPRUDENTIAL SUPERVISION IN THE INSURANCE SECTORThe aim of this paper is to explain the concept of the financial market law privity and its applicability through the regulation of macroprudential supervision on the financial market in the insurance sector. The observed interference of the public and private norms in the financial market, shown using the example of the financial market law privity created under financial market law, is significant in the area of macroprudential supervision and therefore the theoretical and practical issues surroung this topic are discussed together in this paper. The conclusions of the article show the possible applicability of the theoretical construction of the financial market law privity on the practical questions of the insurance sector.
Granice umocowania prokurenta samoistnego
Authors: Susło Joanna
Published: March 2020

DELIMITATION OF ACTIONS UNDERTAKEN BY AN INDEPENDENT PROXYThe article presents the scope of an independent proxy authorization and reviews the provisions where a controversy arises in academic interpretation. The paper primarily focuses on the exemplification of the acts performed by the proxy by regrouping those acts into judicial, non-judicial and commercial ones. Finally, the author draws attention to a catalogue of the activities that can be undertaken by an independent proxy provided that he receives the special power of attorney. The catalogue placed in the Civil Code is not clear for both: the judiciary and the doctrine, thus it should be changed by the legislator. This study provides the readers with de lege ferenda solutions on the legislative vacuum of the independent proxy regulation.
Glosa do postanowienia SN z 30 maja 2017 roku, IV KK 164/17
Authors: Wróbel Adam
Published: March 2020

COMMENTARY ON THE DECISION OF THE SUPREME COURT OF 30 MAY 2017, IV KK 164/17The author indicates that it is possible — in a certain state of things — to approve the claim of Article 160 § 1 of the Criminal Code that the immediacy of danger should be associated not so much with the temporal proximity of the effect that may occur in relation to the development of the situation, as with the condition when the inevitable consequence of the further development of the situation without the need for any new dynamizing factors constitutes a risk to one’s life or health.Nevertheless, the author cites and shares the view expressed in the doctrine that four views of criteria of directness can be distinguished in the perspective of imminent danger, based on a time element, an element of probability, an element of sufficient cause, an element of inevitability; sometimes some of the given elements are combined or used alternatively in the determination of immediacy A. Spotowski, Funkcja niebezpieczeństwa w prawie karnym, Warszawa 1990, p. 82. Each separate situation requires — in the perspective of examining whether there exists an “immediate danger” — reference to specific, existing circumstances. The author considers it right that in order to attribute the responsibility to the perpetrator for unintentional crime it is not enough to say that he had been careless. It is necessary to demonstrate that he was aware that his behavior can lead to the prohibited act provided such a possibility, or, did not provide for such possibility, although it could have been provided. The author rejects the view that the crime specified in Article 160 § 1 of the Criminal Code can be committed only by action because in the perspective of this deed — which he proves in the commentary — two forms may exist: action or omission.
Zatrudnienie za pośrednictwem platformy internetowej jako przejaw „uberyzacji” pracy
Authors: Bakalarz Tomasz
Published: March 2020

PLATFORM WORK AS A SIGN OF THE “UBERIZATION” OF WORKThe sharing economy has left a strong mark on the modern labour market. One of the popular forms of earning in the sharing economy is crowd employment. In the present paper the author analyzes a tripartite relationship between the crowdsourcer, crowdsourcing platforms and a crowdworker. The author is looking for legal models describing the particular relationships. He is considering whether the nature of employment can be attributed to them. The paper is of a reporting nature. The legal assessment refers to Polish law.
Świadczenie pracy jako wyznacznik sytuacji prawnej pracownika — wybrane problemy
Authors: Prusinowski Piotr
Published: March 2020

PERFORMANCE OF WORK AS AN INDICATOR OF AN EMPLOYEE’S LEGAL SITUATION — SELECTED ISSUESThe term “work” is of key importance for the understanding of the legal situation of an employee. Unfortunately, the term is ambiguous. It is determined by a variety of factors, such as time and place. Moreover, “work” may adopt a different meaning in different branches of law. In labour law, this term specifies the performance of duties by an employee, and in social security law it constitutes a prerequisite for an accident at work. These functions make it possible for work to be perceived independently in each area of the law. This diversity makes it challenging to delineate the rights and obligations of an employee. It appears that in such a case it is essential to make use of not only linguistic interpretation but also systemic and functional rules.
Rada do spraw Administracji Sądów w Estonii
Authors: Dąbrowski Marcin
Published: March 2020

THE COUNCIL FOR ADMINISTRATION OF COURTS IN ESTONIAThe Council for Administration of Courts in Estonia is not a typical national judicial authority that actively participates in the appointment of judges and which safeguards their independence and independence of the courts. It is the body that has been appointed to co administer the courts and control limit the competences of the Minister of Justice. This status of the Council results from the omission of this body in the provisions of the Constitution of the Republic of Estonia. The position of the Council was shaped at the level of laws 10 years after the Estonian Constitution was adopted. Protection of courts is implemented as an additional function. The main task of the Council is to improve the management of courts.