Adam Mickiewicz University Law Review, vol. 3, 2014
Permanent URI for this collectionhttps://repozytorium.amu.edu.pl/handle/10593/12610
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Item Budget reforms in Russia: results and perspectives(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Komyagin, DmitryThe article covers budget reforms in Russia which have been taking place since 1991. It presents both a mutli-perspective and retrospective glance at the modern reforms, and their continuity with regard to other Russian reforms from the historical past is discovered.Changes in the Russian legislation regulating budgetary relations and changes to inter-budgetary relations and the budgetary process are analyzed in details. The article contains a review of program documents describing the course of reform and a prediction of future changes.Item The novelties in the legislation of the Russian Federation on public financial control(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Yalbulganov, AlexanderThe article studies the new legislation of the Russian Federation on public financial control. The author justifies the idea of reforming financial control through the need to fight corruption, which has obtained a warning scale in Russia and threatens the state’s foundations. The article contains an analysis of the powers vested in external and internal state financial control institutions, of entities subject to control and methods of control. The author notes that representations and ordinances issued by control and accounting institutions, based on the results of control activities, are designed to force the violators of financial discipline to eliminate the revealed violations. The author concludes that the necessary condition for effective implementation of public financial control is its clear legal regulation. The article stresses that the improvement in financial control in Russia is based on clearly stated principles, in accordance with international legal principles of independent auditing (control).Item Reform of Russian Education and the New Law on Education of 2012(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Troshkina, TatyanaThe article analyses the innovations of the Law on Education adopted in 2012, which is expected to become the basis for creating modernized education legislation that will allow the needs of the social and economic environment of the XXI century and the obligations engaged by Russia during the process of integration with the European educational space to be met.Item Some unresolved complexities in matters involving paternity: a South African Perspective(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Albertus, LatiefaA controversial aspect regarding paternity in South African law is whether or not South African Courts are empowered to compel an adult or a minor to submit to DNA/blood tests. The High Courts were not unanimous in this regard, and thus the issue required clarification by the Supreme Court of Appeal (SCA). An opportunity presented itself for the SCA to not only address the issue of the use of DNA/blood tests in paternity matters, but several other issues surrounding paternity. The judgment by the SCA has, it is argued, unfortunately resulted in more questions than answers.Item Human rights and the law of human rights: a positive legal regulation of an ontic reality(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Nagel, KalikstThe author introduces a fundamental distinction between human rights and the law of human rights which is subsequent to these rights. While examining these issues, the author follows M. Piechowiak and his way of understanding human rights. According to Piechowiak, human rights are objectively existing relationships between a human being and a global good, welfare that is due to him/her. Particular aspects of this global good are what we used to call an object of a particular human right. Therefore, human rights have an ontic nature. These relationships have their normative consequences. It may be stated that these relationships ontologically justify that the norms protecting these rights (actually these relationships) stay in force. These relationships and the norms protecting them can be recognized. Notwithstanding what was stated above, human rights shall be proclaimed and the ontic norms protecting them, adequately recognized, shall be positivised, that is, acts of positive law shall introduce these norms into legal systems.Item Polish lustration and the models of transitional justice(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Krotoszyński, MichałTransitional justice in the post-communist countries of Eastern Europe concentrates on the problem of the lustration of former secret service officers and their clandestine collaborators and on the question of access to files created by the communist political police. The aim of the article is to present the Polish experience in this field in view of the theoretical framework available in transitional justice literature. Thus, the text begins with definitions of some basic notions connected with dealing with the past. The article also proposes three basic models of transitional justice. The third part offers an account of Polish lustration and public disclosure measures and assigns those instruments to the models of transitional justice. The final section presents some concluding remarks on the evolution of Polish lustration.Item O postępowaniach dyscyplinarnych – uwagi na tle Uchwały Sądu Najwyższego I KZP 18/12 z dnia 24 stycznia 2013 roku(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Kusowska, EwelinaThe aim of the study it to discuss the issue of disciplinary proceeding in the context of entity subject to disciplinary liability, the subject matter, the autonomy and the purpose. The author focuses on the ruling of the Supreme Court passed on January 24th 2013, which suggests the application of the rules of criminal proceedings as more appropriate for the subsidiary application of the disciplinary proceedings. Nevertheless the Supreme Court draws attention to another, equally important issue which became apparent in connection with the above – the diversity and lack of consistency of solutions used by the legislature pursuant to a disciplinary proceedings.Item To have your cake and eat it too: accountability under a preferential voting system(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Mikulska, AnnaInformed by the findings in the economic voting literature and using an original dataset on Polish elections this research breaks away from this established practice and goes a step further by showing how economic conditions allow voters to distinguish between high/low performers and effectively attribute responsibility under open-list PR systems where voters can choose not only among parties but also among individual candidates. By integrating open-list design into the model of accountability this study transforms the way we think about the very act of voting.Item Pojęcie przedsiębiorstwa i zorganizowanej części przedsiębiorstwa na gruncie prawa podatkowego(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Ilski, MichałThe purpose of this study was a presentation of the concept of an enterprise and the concept of an organized part of an enterprise in Polish tax legislation. The study focused on The Personal Income Tax Act, The Corporate Income Tax Act, The Goods and Services Tax Act and The Tax on Civil Law Transactions Act. An interpretation of the aforementioned concepts in the jurisdiction of Polish courts was also presented. Furthermore, another aim was to look at the concept of an enterprise and the concept of an organized part of an enterprise from the point of view of European Union law. The study also tried to answer the question of whether The Goods and Services Tax Act and The Tax on Civil Law Transactions Act are compatible with European Union lawItem Zadania Prezesa Urzędu Regulacji Energetyki a polityka energetyczna państwa(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Rejmus, MarcinThe subject matter of the essay is the tasks of the President of the Energy Regulatory Authority in relation to energy policy in Poland. The essay is divided into two parts. The first part presents basic information about the national regulatory authority, regulation and kinds of energy policy. The second focuses on the tasks of the President of the Energy Regulatory Authority in various areas, such as: energy effectiveness, energy security, renewable forms of energy and competition in the energy market. The article examines the tasks carried out by the President in the past and those which must come into force in the future to modernize the Polish energy market. Finally, the author thrashes out the legal relations between the functions of the President of the Energy Regulatory Authority and the aims mentioned in Polish energy policy. The author pays special attention to the problems of liberalisation in the energy market in Poland.Item Gmina (Skarb Państwa) w kręgu podmiotów uprawnionych do zwrotu wywłaszczonej nieruchomości(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Terlega, JakubThe paper aims to describe a legal problem in the application of rules governing the restitution of expropriated real estate - namely a situation in which one of the entities entitled to restitution of expropriated property, turns out to be a municipality or the State Treasury, as a statutory heir of the previous owner. Usually, the State Treasury, as one of the heirs, does not have an interest in supporting the request for the restitution of expropriated property.The author is of the opinion that the proper interpretation of rules governing the restitution of expropriated real estate requires the assumption that whenever one of the statutory heirs turns out to be the State Treasury, consent to request a restitution of expropriated real estate by the State Treasury is not required. In the absence of such an agreement, the competent authority is obliged to grant the restitution of the expropriated real estate to all heirs.Item Stosowanie przez ustawodawcę reżimu odpowiedzialności administracyjnej w świetle orzecznictwa Trybunału Konstytucyjnego(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Karciarz, MateuszRecently, there has been a noticeable tendency to replace the regime of criminal responsibility with administrative responsibility. Administrative responsibility is objective in nature and has a repressive and ordinal character, detached from guilt. The Constitutional Tribunal, in its jurisdiction, states many times that the regime of liability applied by the legislator depends only on its choice. The Tribunal does not control the desirability or appropriateness of the adopted solutions. The task of the Constitutional Tribunal is only to provide an assessment, if the solutions adopted by the legislator do not violate constitutional norms and values, such as, among others, the principle of proportionality,or the ne bis in idem principle.Item Europejski Komitet Praw Społecznych w systemie organów traktatowych międzynarodowej ochrony praw człowieka(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Gadkowski, AleksanderThe aim of this article is to present the European Committee of Social Rights as a supervisory body in the system of international protection of human rights. To this end, the author elaborates upon the system of treaty bodies in the field of international protection of human rights, both at the universal level within the framework of the United Nations,as well as on the regional plain in respect of the treaty bodies within the Council of Europe’s system. The author pays particular attention to the treaty acquis of the Council of Europe on the protection of social rights and, as such, discusses the European Social Charter system. The author emphasizes the particular role of a specific organ, namely the European Committee of Social Rights, within this field. One of its most notable features is the mechanism of collective complaints (fr. réclamations collectives), which was introduced to the Charter’s supervisory system on the basis of the 1995 Additional Protocol. In the author’s opinion, on the basis of the competence of the European Committee of Social Rights to hear collective complaints, it is arguable that this body performs the function of a quasi-judicial organ in the monitoring process, which distinguishes it from other treaty bodies in the field of international protection of human rights.Item Program Safe Harbour – pomost między europejskim a amerykańskim systemem ochrony danych osobowych(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Zygmunt, JustynaThe article is devoted to a comparison of the American and European systems of data protection and the transfer of personal data from the European Union to the United States of America. The author outlines the problems and then analyzes the regulations in order to identify differences between the two systems. Then, based on the previous considerations, she assesses the effectiveness of the Safe Harbour Program, which was set up to serve as a tool to facilitate the transfer of personal data. The article ends by providing information about the directions of policy changes and work on the new EU Regulation on the protection of personal data.Item Przesłanki przyjęcia skargi kasacyjnej do rozpoznania w postępowaniu cywilnym(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Marciniak, SławomirThe paper deals with problems connected with the premises conditioning the acceptance of a cessation appeal by the Supreme Court, in particular the interpretation and practical use of article 3989 of the Code of Civil Procedure. In the first place, a legal institution called a “przedsąd”, a first stage of the process of examining a cessation appeal by the Supreme Court, is briefly summarized. Subsequently, the author explains questions common to all the premises regulated by article 3989 of the Code of Civil Procedure and the connection between those premises and the grounds for a cessation appeal. Next, the author proceeds to interpret the premises governed by article 3989 of the Code of Civil Procedure and explains how they are put into practice. The last part of the paper contains the author’s conclusions: the premises are strongly connected with the public interest and the development of law; putting them into practice demands a lot of work, even from lawyers.Item Kapitał zakładowy w spółce z ograniczoną odpowiedzialnością – skuteczny instrument ochrony wierzycieli?(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Kotowicz, MateuszThis article deals with a draft bill amending the Code of Commercial Companies and the ongoing debate on the planned amendment which includes a proposal to remove a fixed minimum of share capital in limited liability companies. The most important issue under consideration in this paper is the protection of a company’s creditors. The author of the following article, referring to a number of already published statements concerning the draft bill, summarizes the ongoing discussion about the role and the functions of share capital and the proposed new instruments for strengthening creditors’ protection.Item Powstanie Dekretu Gracjana jako przykład żywotności prawa rzymskiego(Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań, 2014-06) Alexandrowicz, PiotrGratian’s Decretum was one of the most significant legal collections in the history of canon law and was the foundation of canon law science. It was compiled in about 1140 as the consequence of many important factors. Firstly, the creation of Gratian’s Decretum was the result of various trends appearing in the history of canon law. Secondly, Decretum was an answer to the changes taking place in the Catholic Church in the 11th and 12th centuries. Finally, the formation of Gratian’s collection was related to the revival of Roman law: the teaching of Irnerius’s work recovered Roman law and the relations between canon and Roman law. Decretum became a sign of the vitality of Roman law and the beginning of canon law. The importance of Gratian’s work consisted in the method of proceeding with legal sources. The new method resulted from both scholars’ achievements and those of medieval Roman jurists.