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SZMITKA, Stanisław. "THE IDEA OF FRANCHISE AS A MODERN CONCEPT OF ENTERPRISE MANAGEMENT: THE EXPERIENCE OF POLAND." JOURNAL OF EUROPEAN ECONOMY 19, Vol 19, No 2 (2020) (June 2020): 265–82. http://dx.doi.org/10.35774/jee2020.02.265.
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Over the years, the franchise has become an attractive model for the sale of products and services, as well as a means of developing the franchisor’s business. Franchising systems around the world have become very popular among franchisees, who receive an already proven cost-effective business model in exchange for payments, purchases and other services from the franchisor. These systems also bring intangible benefits in the form of encouraging the promotion of entrepreneurship in society. Polish franchise legislation has systematic nature and is based on the Civil Code, the Law on Industrial Property, the Law on Combating Unfair Competition, the Law on Protection of Competition and Consumer Rights, the Law on Copyright and Related Rights, European Code of Ethics for Franchising. Taking into account the legal regulations, the mechanism of the Polish model of franchising is revealed and the newest forms of its use in business activity are distinguished.
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Dzhumageldiyeva, G., I. Dragan, O. Dyka, V. Zagurska-Antoniuk, and I. Moisieiev. "PUBLIC MECHANISMS OF FINANCIAL SECURITY IN ELECTRICITY: THE EXPERIENCE OF POLAND AND UKRAINE." Financial and credit activity: problems of theory and practice 1, no. 36 (February 17, 2021): 116–23. http://dx.doi.org/10.18371/fcaptp.v1i36.227670.
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The research was conducted on the basis of the analysis of the current legislation, statistical data of the state authorities of Ukraine and program documents containing strategies of development of electric power industry of Ukraine and Poland. The purpose of the work is to determine the directions of developing the public mechanisms of financial support in electricity of Ukraine and Poland within cross-border cooperation. The study is logically built in terms of coverage of three areas, in particular, the analysis of the domestic electricity market of Ukraine (which conducts a critical analysis of the structure and volume of electricity in the UES of Ukraine); analysis of the compatibility of the principles of Ukrainian electricity legislation with the principles of the third EU energy package (which focuses on maintaining certain elements of non-market pricing that distort competition in the new model of the electricity market of Ukraine) and the imperative of cross-border cooperation between Ukraine and Poland which outlines them main tasks in the field of law and economics, the solution of which is necessary to create a transnational exchange market of Ukraine and Poland in the implementation of the Energy Strategy of Ukraine in the context of integration of the UES of Ukraine with the European energy system). The results obtained allow to determine the effective directions of public administering financial support of cross-border cooperation between Ukraine and Poland in electricity and possible forms and directions of its implementation.
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Petr, Michal. "The Scope of the Implementation of the Damages Directive in CEE States." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 13–29. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.1.
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The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are not limited by this scope and so they may decide, when implementing the Directive, to enhance not only claims for damages, but the overall private enforcement of competition law. In this article, we shall explore the scope of the implementing legislation of selected Central and Eastern European Countries, namely in Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.
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Mazurkiewicz, Marek. "Non-competitive Elections at the Local Level and the Incumbency Advantage of Mayors – Research Experiences from Poland." Lex localis - Journal of Local Self-Government 19, no. 4 (October 31, 2021): 1015–41. http://dx.doi.org/10.4335/19.3.1015-1041(2021).
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The objective of this paper is an attempt to answer if non-competitive elections to commune councils in Poland may be the result of incumbency advantage of mayors. The author assumes, that the effects of incumbency advantage of mayors in influence not only the competition for the office of mayor, but also the entire local political scene. These effects may weaken the competitiveness of elections and lead to the cartelisation of local political scenes. In extreme cases, it may even cause the degeneration of political pluralism and lead to non-competitive elections at both the executive and legislative levels. The paper analyses relationships between the competitiveness of elections at the local level and the incumbency advantage effect as exemplified by a group of small communes with up to 20,000 inhabitants and presents the findings of the conducted research in the form of case studies of 18 localities representing six regions of Poland.
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Marszałek, Marcin. "Legal and institutional aspects of public forms of electricity or gas fuel trading in Poland versus the conditions in the common energy market." International Journal of Management and Economics 55, no. 2 (November 6, 2019): 148–59. http://dx.doi.org/10.2478/ijme-2019-0011.
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Abstract This study aims at presenting the legally, technically, and economically empowered suggestion for a clear definition of a competitive market of gas fuels and electricity of a Member State in order to be utilized within trans-border trade of these utilities, as required by the European Union (EU) legislation. Thus, this study addresses, first of all, the issue of the division of the national gas fuel and electricity market into sections and separating these market segments that are more susceptible to the existence of competition in the trans-border dimension. This division is a model that reflects every internal market that is self-sufficient and distinguished in technical terms which has been established and is functioning within one or more Member States. The suggested structural, subject-related division of the market into sections, a competitive one (with its segments), a balancing one, and a technical one, makes it possible to determine which fragments of the market prevail over merely the technical security of ensuring continuity and quality of electricity supplies at the national level. Public forms of electricity and gas fuel trading take first place. Thus, second, the issues of legal and business conditions for operation in the energy section of the commodity exchange, regulated market, or open tenders for purchase of energy and interdependence between public forms of electricity or fuel gas trading and standards in the common electricity market have become the subject of this study. The advantage of a commodity exchange that establishes transparent conditions for public trading transactions involving these goods and provides pricing information for actors in the market cannot be overestimated. A commodity exchange enhances competition and is instrumental in the reduction of prices for ultimate clients. The completed analysis aims at reviewing public forms of trading as the instruments for achievement of the objectives of the national energy law and a component for a common energy market in the perspective of development of trans-border transmission capabilities. Legal multi-centricity and multi-aspectual nature of the addressed issues form a structure of relations that has affected the selection of the research methodology. Three research methods were adopted as the main principles that, bearing in mind a different context in which they are used, are treated to be complementary. The first one is an interdisciplinary research analysis, taking account of the context of functioning in the EU law environment in the interpretation of the national law provisions and technical sciences (and thus, e.g., laws of physics, properties of energy, technical aspects of functioning of the power industry as a system of interdependent relations of installations and grids) and economic sciences (e.g., a concept of the market, competition, operation of the commodity exchange). References to technical or economic sciences allowed to maintain the clarity of the above considerations and render the addressed issues better in practice. The legal and dogmatic method is an indispensable supplement of the above method; in this method, the process of interpretation of legal regulations is based on the jurisprudence and case law which should be referred, in particular, to the national law; it is made complete by the analysis of the economic practice. The selection of the concept analysis method (a linguistic one) as the third method should be justified by the undertaken attempts to define in a precise manner the content and the scope of meaning of general, generic concepts making references, as a rule, to a broad spectrum of business operations, the application of which in the EU legislation is a feature of this legal order established on the basis of the elements of the continental (established, statute) law and flexible common law.
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Guzik-Makaruk, Ewa M., and Piotr Fiedorczyk. "The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence." Internal Security Special Issue (January 14, 2019): 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.
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Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
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Degtyarova, Iryna, and Jerzy Woźnicki. "Competition vs. Searching as a Mechanism of the Rector’s Selection in Higher Education Institutions in Poland." Journal of Intercultural Management 10, no. 2 (June 1, 2018): 19–39. http://dx.doi.org/10.2478/joim-2018-0008.
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Abstract Objective: This paper aims at looking at the mechanisms of rector’s appointment in public higher education institutions in Poland based on the analysis of the legislation binding since 2005 with reference to the latest changes. Methodology: Legislative analysis of the past and current regulations on the models of rector’s election was conducted, including mechanisms of nominating candidates in the Act on Higher education 2005, its amendments in 2011 and the Act on Higher education and Science in 2018. Literature review and empirical analysis of good practices were used. Findings: The issue of strengthening a rector’s position and professionalizing university management in the system of higher education is very important and being widely discussed in terms of governance reforms. Changes, new regulations, reforms depend on how they are implemented on the institutional level in terms of their strategical development and how they are supported and promoted by the executive head. The model of nominating and appointing the rector determines his relationship with the university board, senate and with academic community as well. In public higher education institutions in Poland the competition model is more burdensome than the model of election, it has numerous disadvantages and threats, and wasn’t applied by any university. New regulations in Poland make the process of nomination more important than before. In general, there are two main models of nominating candidates: an open procedure (open competition) and a closed one (e.g. searching, headhunting for senior executive staff in HR, in business sphere), each has their own strengths and weaknesses. In case of HEIs, both respect the principles of institutional autonomy, guaranteed to universities by the Polish Constitution and the law. It is an autonomous right of the academic community, of the university itself to define their own framework and nomination procedure. The model of executive search in nominating candidates can become more feasible and effective for professionalizing and improvement of the rector’s governance. Value Added: The model of rector’s appointment has a significant impact on the whole university performance. By professionalizing appointment mechanisms at all its stages, universities will improve university governance and introduce new quality of management. Recommendations: New regulations in higher education create possibilities for introducing into the academic practice the executive search as a mechanism for nominating candidates for a rector’s position in Polish universities.
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Duraj, Tomasz. "PROCEDURA KONKURSOWEGO DOBORU KADR KIEROWNICZYCh. PROBLEMATYKA PRAWNA." Zeszyty Prawnicze 12, no. 3 (December 16, 2016): 79. http://dx.doi.org/10.21697/zp.2012.12.3.04.
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THE COMPETITIVE SELECTION PROCEDURE FOR MANAGEMENT STAFF: LEGAL ISSUES Summary This analysis relates to the legal issues in the competitive selection of management staff. Under the current provisions in Poland many legal acts pertain to this issue, giving an inhomogeneous set of regulations for the principles of conducting such procedures in particular domains of public, social and economic affairs. The subject of this article is a detailed description of the stages of the procedure for the competitive selection of management staff. Good legislation to regulate the selection procedures for competitions for management appointments will have a significant influence on the effectiveness of the adopted method of selection. The author presents the successive stages of the procedures for such competitions and conducts an in-depth legal analysis, paying specific attention to legal doubts arising in connection with the application of the current law. On the basis of his analysis he formulates some proposals de lege ferenda addressed to the legislator on the introduction of requisite amendments and supplements to the legal regulations for the procedure of competitive selection of management staff.
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JARECKI, Stefan Akira. "Between exercising of public powers and economic activity. The latest findings on the notion of entrepreneur made in the process of judicial review of the decision of the President of the Office of Competition and Consumer Protection." Central and Eastern European Journal of Management and Economics 5, no. 2 (January 7, 2018): 115. http://dx.doi.org/10.29015/ceejme.621.
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Aim: There is no doubt that public authorities may be directly or indirectly involved in economic activity. A traditional way of distinguish state activity which is not subject to the rules of the market is to decide when the state acts as public authority. In case of state activity two category of situations should be distinguished: these where the state is engaged in an economic activity (sphere of dominium) and these when the state acts by exercising of public powers (sphere of imperium). In the opinion of the author of the article, the distinction between imperium and dominium is still relevant. According to the Competition and Consumer Protection Act of February 16, 2007, an entrepreneur is inter alia natural and legal person, as well as an organisational unit without a legal status to which legislation grants legal capacity, organising or providing public utility services which do not constitute economic activity in the meaning of the provisions on freedom of economic activity. The President of the Office of Competition and Consumer Protection found that public authorities exercising their administrative powers (sphere of imperium) may be classified as entrepreneurs. In the recent decisions which were subject of judicial review the President of UOKiK decided that the National Health Fund – a state authority responsible for organization and management of health care services in Poland – is an entrepreneur in the meaning of the Polish law (act on competition and consumer protection). The aim of this article is to answer the question whether competition rules should be applied to the state activity in the imperium sphere. This article will focus on the notion of an entrepreneur (undertaking) in polish and EU law in the context of the activity of the state. Design / Research methods: The objective of the article is achieved through doctrinal analysis of the relevant rules of the Polish and EU law and analysis of the recent decisions issued by the President of UOKiK, as well as judgments of the EU Courts, concerning the possibility of qualification of the widely understood state as an undertaking (entrepreneur).Conclusions / findings: From the analysis of the same concept applied in polish and EU law clearly follows that public entities acting ‘by exercising public power’ or ‘in their capacity as public authorities’ (imperium sphere) should not be classified as entrepreneurs (undertakings) in the meaning of competition law. The main scientific value added of the article are the conclusions that the provisions on the protection of competition should be applicable only to the activity of the state in the dominium sphere and that the definition of an entrepreneur and business (economic) activity should be connected to the existence of a market. Originality / value of the article: Paper should be interesting for public authorities, as well as for lawyers, dealing with problems concerning of qualification of public entities in the context of the competition law. The results of the research may be applied for example in the decisions that would be taken by the President of UOKiK. The consequences of application of the findings of the research to practice may be a change of approach to qualification of public entities in the context of the provision of competition law.
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Mariani, Andrea. "Rola społeczna aptek jezuickich w dawnej Rzeczypospolitej." Wiek Oświecenia, no. 37 (November 9, 2021): 42–83. http://dx.doi.org/10.31338/0137-6942.wo.37.2.
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The article presents the social role of Jesuit pharmacies in the Polish-Lithuanian Commonwealth based on the sources of religious provenance and inventories of Jesuit colleges drawn up as a result of the dissolution of the Society of Jesus in 1773. In the first part, the author analyzes the ecclesiastical and secular legislation and its impact on the activities of Jesuit pharmacies. Canon law did not forbid clergymen to deal with medicine, but only limited the possibility of obtaining academic education in this field and conducting surgical procedures. By adopting these rules, Jesuit legislation placed the main emphasis on superiors’ control over the finances of pharmacies and limited the sale of drugs to protect the order from being accused of unfair competition by the townspeople. In the context of state pharmaceutical law, the privilege of June 30, 1662, which allowed for the liberation of journeymen by Jesuit pharmacists, was of great importance. In this way, a path of professional education in the field of pharmacy under the management of the Society, an alternative to the guild system, was created. The second part of the article discusses the social factors that favoured the establishment of monastic pharmacies. Particularly noteworthy is the uneven distribution of Jesuit pharmacies in the former Polish-Lithuanian Commonwealth. While in Royal Prussia the Jesuits did not run pharmacies to avoid conflicts with the Protestant bourgeoisie, in the eastern borderlands of the Polish-Lithuanian state, Jesuit pharmacies were often the only institutions of this type. The third part of the work presents the financial situation of Jesuit pharmacies. They had significant income, but also required considerable investments related to the purchase of raw materials and equipment in the Baltic ports. The fourth part of the article concerns the social scope of the activity of Jesuit pharmacists, who not only provided medicines to the poor, but also treated nobles, magnates and high church dignitaries. Not being obliged by guild regulations, apart from preparing medicines, they also diagnosed them, performed minor surgical procedures and assisted women during childbirth. The last part of the article discusses drugs and raw materials in terms of their availability to the broadly understood clientele. The offer of Jesuit pharmacies included both cheap products derived from the local flora, intended for the treatment of the poor, and expensive raw materials from abroad. Moreover, among the medical matter there were preparations for women and infants, as well as for people suffering from syphilis. In the end, the author emphasizes the centrality of pharmacies in the Jesuit pastoral strategy. Thanks to their high level, pharmacies not only corresponded to the ideal of mercy, but also contributed to gaining the favour and trust of representatives of social elites. In this context, the dissolution of the Society is an important turning point not only in cultural and religious life, but also in the history of medicine and pharmacy in the former Polish-Lithuanian Commonwealth.
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SZYDŁO, Wojciech Paweł. "A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law." Central and Eastern European Journal of Management and Economics 5, no. 2 (January 7, 2018): 199. http://dx.doi.org/10.29015/ceejme.627.
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Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law. Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law. Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.
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Jarosz, Iwo. "Share capital in the Polish simple joint-stock company in light of the existing law and proposed European legislation." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 29 (September 30, 2019): 77–94. http://dx.doi.org/10.19195/1733-5779.29.6.
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In recent years we have witnessed an almost unprecedented effort of legislators and legal academics in Europe to make limited liability companies in various jurisdictions more modern, simpler and more accessible. These endeavors are usually related to the liberalization of statutory requirements regarding the minimum share capital amounts. Lively debates among academics and practitioners, as well as regulatory competition, seem to be the factors making the legislative changes dynamic and evolutionary. The issue of limited liability companies’ regulatory reform were also the subject of proposed European legislation, including the now abandoned proposal of a harmonised single-member limited liability company model known as Societas Unius Personae SUP. In Poland there has also been, for almost a decade, a discussion on whether and how to follow the example of Germany and its Unternehmergesellschaft and other European countries and liberalize the capital requirements for the Polish limited liability company. Lately the Polish legislator has introduced the so-called simple joint-stock company prosta spółka akcyjna, which had been drafted to be an attractive offer for start-ups, aiming, in the perception of its proponents, to achieve the modernization and simplification desired by contemporary legislators and supposedly accomplished in other jurisdictions, all the while maintaining serious levels of creditor protection. The author employs formal-dogmatic and comparative methods to describe the capital structure of the new company type and to confront it with certain other statutory developments, especially the Societas Unius Personae as a serious and well-thought-out, nonetheless failed venture, to try to assess the solutions set forth by the Polish legislator.Kapitał zakładowy prostej spółki akcyjnej w świetle dotychczasowych przepisów i projektów prawodawstwa europejskiegoW ostatnich latach europejscy ustawodawcy i przedstawiciele nauki prawa podejmowali nieomalże bezprecedensowe wysiłki w kierunku modernizacji, uproszczenia i zwiększenia dostępności spółek z ograniczoną odpowiedzialnością. Działania te zazwyczaj zmierzały do liberalizacji ustawowych wymogów dotyczących minimalnych kwot kapitału zakładowego. Czynnikami dynamizującymi zmiany legislacyjne wydają się żywe dyskusje w środowisku akademickim oraz na łonie praktyki, a także konkurencja regulacyjna. Kwestie reformy spółek z ograniczoną odpowiedzialnością były również przedmiotem projektów prawodawstwa europejskiego, w tym projektu dyrektywy w sprawie zharmonizowanego modelu spółki z ograniczoną odpowiedzialnością jednoosobowej znanego jako Societas Unius Personae SUP. Także w Polsce od prawie dekady toczy się dyskusja w przedmiocie zmian dotyczących spółek z o.o., w szczególności tego, czy polskie ustawodawstwo powinno podążyć za przykładem Niemiec i znanej z niemieckiego porządku prawnego Unternehmergesellschaft oraz innych krajów europejskich i zliberalizować wymogi kapitałowe dla tego typu spółek. Sejm przegłosował niedawno ustawę wprowadzającą tak zwaną prostą spółkę akcyjną. Ten nowy typ spółki ma w założeniu stanowić atrakcyjną propozycję dla start-upów, prowadząc — zdaniem jej zwolenników — do modernizacji i uproszczenia pożądanego przez współczesnych prawodawców przy jednoczesnym utrzymaniu stosownego poziomu ochrony wierzycieli. Autor próbuje ocenić rozwiązania zaproponowane przez polskiego ustawodawcę w zakresie struktury kapitałowej nowego typu spółki, konfrontując je z innymi rozwiązaniami, w tym w szczególności z projektem Societas Unius Personae — przedsięwzięciem ostatecznie nieudanym, choć przemyślanym i zasługującym na uwagę.
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Filatov, Andrii. "FORMATION AND DEVELOPMENT OF CORPORATE EDUCATION IN POLAND IN THE SECOND HALF OF THE 20TH – EARLY 21TH CENTURY." Osvitolohiya, no. 10 (2021): 99–106. http://dx.doi.org/10.28925/2226-3012.2021.1011.
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The article represents an overview and substantiation of the peculiarities of the formation and development of corporate education in Poland in the second half of the 20th - early 21th century. The definition of ‘corporate education’ in the context of adult education is clarified in the text. The importance of the experience of corporate education of the Republic of Poland as a component of adult education for the Ukrainian education system was noted. The purpose of the article is a theoretical substantiation of the peculiarities of the formation and development of corporate education in Poland in the second half of the 20th – early 21th century. It was found that during the existence of the People’s Republic of Poland (1952–1989) no special legislation and regulations on the organization of corporate education were adopted in the country. The problems of formation of corporate education, which have been being solved by the People’s Republic of Poland in the 50-70s of the last century were singled out. In the article was proven the importance of the adoption of the Labor Code (1974), the Employment Act (1989), The Law On the Education System (1991), the Act on Employment and Social Protection in case of Unemployment (1994), the document «Continuing Education Strategy till 2010»; (2003). The following features of formation and development of corporate education in Poland in the second half of the 20th – early 21th century are established as: the centralizing the management of educational institutions and ideologically biased content of education; the transition from the administrative-command method in the management of formal education institutions; the spread of the decentralization of education; laying the foundation for the democratization of corporate education in Poland; the emergence of a regulatory framework for broad autonomy of informal corporate education; the adapting the legal framework of education to European Union standards; the integration of Polish corporate education into the European Community. In the future, it is necessary to study the trends of updating the content, forms and methods of vocational training of adults, taking into account the requirements of international standards for training competitive professionals for the global labor market.
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Sadowska, Monika, and Artur Wdowiak. "Partnership as a legal form of exercising the profession of midwife." Pielegniarstwo XXI wieku / Nursing in the 21st Century 16, no. 4 (December 1, 2017): 24–30. http://dx.doi.org/10.1515/pielxxiw-2017-0030.
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Abstract Introduction. The profession of midwife belongs to the medical ones. In the Polish legal system, the definition it is not of a legislative nature. It refers to liberal professions associated with practical medical knowledge. However, the profession of midwife has also been included in the catalog of liberal professions under the commercial law, and the legislature allows the practice of midwife in the form of a partnership. Nevertheless, the majority of midwives working in Poland is employed on the basis of an employment relationship and a civil law agreement, while exercising practice in the form of partnership is not a frequent choice. Aim. The purpose of this article is to profile the midwife partnership, including the approximation of its essence and purpose, as well as the rights and obligations of the partner, and discussion of the terms and conditions of the company's medical business. Summary. Compared to other commercial companies, a limited liability partnership company is an attractive legal form for exercising the profession of midwife, primarily because of the partner's liability for the company's obligations. At the same time, the midwife partnership company, by combining both a reduction of personal responsibility, transparent representation with the use of possibility of appointing a board, and the possibility of accumulating financial and intellectual capital, meets the demands of the free services market and growing competition, thereby fostering service quality.
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Górnicki, Leonard. "Pogranicza systemów prawnych, w szczególności pozaborowych, w pracach nad kodyfikacjami prawa cywilnego i handlowego w II RP." Prawo 324 (December 31, 2017): 129–67. http://dx.doi.org/10.19195/0524-4544.324.7.
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Mixed legal systems, especially those of Poland’s former partitioners, and the work on the codification of civil and commercial law in the Second Polish RepublicThe author explores the question of codification of civil and commercial law in the Second Polish Republic in conditions of mixed legal systems, especially those of Poland’s former partitioners. The co-existence in independent Poland of several legal systems prompted the country’s codifiers to conduct extensive comparative studies, as a result of which in the codification process they drew also on other legislative systems from Europe and even other continents.The author argues that the common denominator, developed by Poland’s Codification Commission, of the intermingled legislations encompassed primarily the legislations of the partitioning states, complemented by other legal systems, and what bound them together was the Polish, original legal thought. A model, not always enactable, consisted in creating a synthesis of the legislations of the former partitioners and more recent developments in law. In particular, the codifiers wanted to avoid radical solutions highlighting one system or model of law in order to avoid too great upheavals in the various provinces of the state. A model example of putting the idea of “mixed systems” into practice is the Code of Obligations of 1933, which combined elements of the Romanesque and the German systems. Both these systems were also in evidence — in varying mutual relations and scope of use — in other acts of parliament and draft codifications of civil law. In the Commercial Code, on the other hand, pragmatic considerations prevailed over the idea of a synthesis, hence the predominance of German and Austrian solutions. In the laws concerning industrial property, the provisions dealing with the fundamental question of obtaining patents were based on the Romanesque system, while the Act on Combatting Unfair Competition was closer to the French rather than the German system. The Polish bill of exchange law, taking into account convention-based solutions the bill of exchange rules of 1910 and 1912, was similar to the German regulations; similarly, the Polish cheque law was based on the provisions of the Hague Convention of 1912, the Austrian and the German cheque laws as well as the later cheque rules of 1931.Die Grenzgebiete der Rechtssysteme, insbesondere der Nachteilungszeit, in den Kodifizierungsarbeiten betreffend das Zivil- und Handelsrecht der Zweiten Polnischen RepublikDer Verfasser behandelt die Probleme der Kodifizierung des Zivil- und Handelsrechts in der Zweiten Polnischen Republik vor dem Hintergrund der Berücksichtigung der Grenzgebiete von Rechtssystemen, insbesondere der Nachteilungszeit. Die Koexistenz von einigen Rechtssystemen im unabhängigen Polen veranlasste unsere Kodifikatoren, umfangreiche vergleichende Rechtsanalysen durchzuführen. Infolge dessen hat man bei der Kodifikation des Rechts zu anderen europäischen und sogar weltweiten Gesetzgebungsverfahren gegriffen.Der Autor beweist, dass vor allem das Recht der Nachteilungszeit und ergänzend auch andere Rechtssysteme den gemeinsamen, durch die Kodifikationskommission der Republik Polen ausgearbeiteten Nenner für die sich durchdringenden Einflüsse verschiedener Rechtsvorschriften bildeten, und die polnische, originelle Rechtsidee diente als verbindendes Element. Ein gewisses Modell, das nicht immer realisierbar war, stellte eine Synthese des Rechts der Nachteilungszeit und der neuen Strömungen im Recht dar. Man wollte insbesondere radikale Lösungen vermeiden, die ein gewisses System bzw. ein Rechtsmodell einseitig bevorzugen, damit zu den zu weit gehenden Erschütterungen in den einzelnen Staatsteilen nicht kommt.Die Idee des „Grenzlandes“ realisierte fast modellartig das Schuldrechtsbuch von 1933, das in sich die Elemente des romanischen und germanischen Systems vereinigte. Diese beiden Systeme, im diversen gegenseitigen Verhältnis und verschieden angewandt, waren auch in anderen Gesetzen und Kodifikationsentwürfen aus dem Bereich des Zivilrechts sichtbar.Beim Handelsgesetzbuch wiederum waren pragmatische Gründe stärker als die Idee der Synthese, so dominierten hier die deutschen und österreichischen Lösungen. Die Vorschriften betreffend gewerbliche Schutzrechte, bezogen auf die fundamentale Frage zur Erlangung eines Patents, wurde auf dem romanischen System gestützt, das Gesetz über die Bekämpfung des unlauteren Wettbewerbs stand dagegen dem französischen System näher. Das polnische Wechselrecht, unter Berücksichtigung der konventionalen Lösungen Wechselreglement aus den Jahren 1910 und 1912 platzierte sich im Bereich der germanischen Rechtsvorschriften. Auch das Scheckrecht basierte auf den Bestimmungen der Hager Konferenz von 1912, auf dem österreichischen und deutschem Scheckgesetz und auch dem späteren einheitlichen Scheckreglement aus dem Jahre 1931.
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Dąbrowska, Magdalena. "Public-law competition model in Poland." Studia i Prace WNEiZ 46 (2016): 21–32. http://dx.doi.org/10.18276/sip.2016.46/2-02.
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Varul, Paul. "Dear reader,." Juridica International 30 (October 13, 2021): 1–2. http://dx.doi.org/10.12697/ji.2021.30.00.
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This is the thirtieth issue of Juridica International. The first was published back in 1996, and, in general, one issue has been published each year since then. While 2007, 2008, 2014, and 2017 saw the publication of two issues each, no year has failed to feature. Though serving as a journal of the University of Tartu, Juridica International is also the only peer-reviewed legal journal published in Estonia to enjoy broad international distribution. Thus, for 26 years, it has been the calling card of Estonian jurisprudence on the world stage. However, it has been more than that. The involvement of foreign authors is just as important as the aim of providing Estonian authors with an opportunity to participate in international scientific discussion. There is every reason to be proud of the fact that the journal’s 30 issues have featured authors from 25 other countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Georgia, Germany, United Kingdom, Hungary, Italy, Kazakhstan, Latvia, Lithuania, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Sweden, Ukraine, and the USA. Among the authors are many who are in the uppermost echelon of the world’s leading professors in their field. In its first years, one of the main goals for Juridica International was to introduce and analyse the legal reforms carried out in Estonia, which were of vital interest to foreign readers as well; however, this has not been the case for a long time now. Today, the primary focus is on participation in international legal discussion, wherein, alongside the development of national law, great emphasis is placed on European Union law and other cross-border regulation whose reach extends between countries. That said, the purpose of introducing the development of Estonian law and legal thinking at international level has not been discarded. After all, Estonia is still highly noteworthy as a country of successful reforms, not least legal reforms. Therefore, a matter of ongoing interest is whether this country, which has succeeded so well with groundbreaking reforms, can be as successful in a stable situation across the board. The range of topics covered in the 30 issues of Juridica International is very wide; no important area of law has been neglected, and listing all of them would take too long. What could be highlighted above all are topics related to European Union law and the Constitution of Estonia, but also crucial are the writings on many issues related to aspects of the law of obligations, property law, company law, penal law, competition law, personal data protection, media law, medical law, international law, and several other fields. Significant attention has been paid to the possibilities for harmonisation of law and mutual interactions, both between countries and between distinct branches of law. Likewise, the writings have considered key general issues of law, such as its interpretation, the effect of justice policy on legislative drafting, and the protection of the fundamental rights and freedoms of individuals. The ability to publish a journal – and a reason to do so – exists only if readers are interested in that journal. What makes me the happiest is that, over the years, readers’ interest has increased and the geographical area within which people read Juridica International has grown. Most certainly, the fact that for quite some time the journal has been available online has contributed to this. A big ‘thank you’ to all of the readers! I also want to thank every one of the authors, the members of the editorial board, and my colleagues who have made it possible to publish 30 quality issues of Juridica International. I especially wish to highlight the contribution of the foreign members of the editorial board – professors Christian von Bar, Werner Krawietz (1933–2019), Erik Nerep, and Thomas Wilhelmsson – whose participation in the board’s work has played an important role in securing the solid international reputation of the journal. I hope for continued enthusiasm on the writers’ part and interest among readers for the next 30 issues!
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Sluijs, Jasper P. "Evidence-Based Legislation in EU Competition Law." European Journal of Law Reform 24, no. 1 (August 2022): 85–103. http://dx.doi.org/10.5553/ejlr/138723702022024001006.
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Wise, Michael. "Review of Competition Law and Policy in Poland." OECD Journal: Competition Law and Policy 5, no. 2 (October 16, 2003): 83–132. http://dx.doi.org/10.1787/clp-v5-art7-en.
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Olivares-Caminal, Rodrigo. "Competition Law and Financial Crisis." Business Law Review 34, Issue 1 (February 1, 2013): 13–23. http://dx.doi.org/10.54648/bula2013003.
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Competition legislation contemplates certain exceptions to its main aim of promoting and ensuring competition by curtailing anticompetitive behaviour. These exceptions are rare and when allowed are usually for the benefit of consumers. The aim of this article is to provide a legal analysis of the exceptions to competition law and policy, particularly in the context of a financial crisis. An analysis on how legal restrictions can be slackened for greater benefit - which implies setting aside long-standing principles of law - is provided. Of particular interest is the bank merger activity during periods of financial distress, which can be seen as an example of a more lenient approach towards competition policy.
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Stępniak, Kamil. "Zasady techniki prawodawczej w Polsce i Unii Europejskiej." Przegląd Prawa i Administracji 105 (January 27, 2017): 193–208. http://dx.doi.org/10.19195/0137-1134.105.13.
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THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore, distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.
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Serdiuk, O., and I. Petrova. "Antimonopoly Legislation of Ukraine: Problems and Prospects." Economic Herald of the Donbas, no. 4 (66) (2021): 5–10. http://dx.doi.org/10.12958/1817-3772-2021-4(66)-5-10.
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The article analyzes the state of development of institutions aimed at curbing destructive competition in Ukraine. Quantitative and qualitative indicators characterizing the level of destructive competition in Ukraine are analyzed. It was found that there is a tendency to reduce the total number of violations of legislation on protection of economic competition for 2014-2020. Among the most common violations of destructive competition are abuse of monopoly, anti-competitive actions, anticompetitive concerted actions and unfair competition. The analysis of the regulation of destructive competition shows that Ukraine's antimonopoly law needs further development, despite the positive feedback from leading EU and USA lawyers. It was revealed that the new stage of development of institutional support to overcome destructive competition requires improvement of antitrust legislation and the practice of its law enforcement. The directions of improvement of institutes of restraint of destructive competition in Ukraine according to the best international experience, and also essential increase of efficiency of activity of antimonopoly bodies at the expense of functional and structural delimitation of powers of Antimonopoly committee of Ukraine with use of cross-control are offered.
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Lorenz, Moritz. "Guarding the Pass?The Forthcoming Chinese Competition Legislation." World Competition 30, Issue 1 (March 1, 2007): 137–52. http://dx.doi.org/10.54648/woco2007007.
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Competition legislation is soon to be enacted in the People’s Republic of China. It will cover the three ’’classic’’ pillars of competition law: prohibition of anti-competitive horizontal or vertical agreements, prohibition of the abuse of a dominant market position and merger control. The new law will considerably alter the legal landscape for the business operations of domestic and foreign undertakings in China. In addition, it is another milestone on the way to the transformation of the structure of the Chinese economy from a planned economy to a market economy. In the following article, the core areas of the new provisions are discussed and comparisons drawn with EU competition law. This article has been shortlisted for the 2nd World Competition Young Writer’s Award.
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Sibanda Sr., Omphemetse S. "Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice." International Business & Economics Research Journal (IBER) 14, no. 5 (August 24, 2015): 735. http://dx.doi.org/10.19030/iber.v14i5.9376.
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The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest. The South Africas competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.
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Menabdishvili, Solomon. "Merger Control in Georgia – National Legislation and Case Law Review." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.8.
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Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
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Kolber, Joanna, and Lukasz Blaszczak. "Annulment and enforcement of arbitral awards in Poland." ASA Bulletin 30, Issue 3 (September 1, 2012): 564–84. http://dx.doi.org/10.54648/asab2012050.
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State support is crucial for the development of arbitration. This support is particularly visible in state courts' approach to the annulment and recognition of arbitral awards. This article discusses this dimension of the arbitration legislation in Poland. Specifically, this article presents the legal basis, procedure and grounds for annulment as well as the recognition and enforcement of arbitral awards in Poland. In 2005, Poland introduced modern arbitration legislation based on the UNCITRAL Model Law. This article addresses in detail recent case-law pertaining to annulment and enforcement of arbitral awards, which makes reference to the new Polish arbitration law. The cases discussed in this article were rendered by local courts and the Supreme Court.
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Molchanov, A. V. "Development of legal institute of the auction within the competitive right." Russian competition law and economy, no. 1 (March 30, 2019): 18–23. http://dx.doi.org/10.32686/2542-0259-2019-1-18-23.
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Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.
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Daniłowicz, Witold. "HUNTING RIGHTS IN POLAND." Review of European and Comparative Law 32, no. 1 (December 16, 2018): 63–81. http://dx.doi.org/10.31743/recl.3226.
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Although hunting rights constitute the key element of Polish hunting law, so far they have not been subject to detailed analysis in legal writings devoted to the subject. This is most likely due to the fact, that the term itself is not used in the hunting legislation. The article fills this gap. It analyzes the legal nature of hunting rights under Polish law as well as examines legal issues most closely related to this legal institution, namely hunting preserve and hunting lease. Also analyzed is the ownership of game at large, game carcass, hunting trophies and shed antlers.
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Petr, Michal. "To what extent might (and should) the competition law apply to public authorities?" Institutiones Administrationis 2, no. 1 (July 22, 2022): 67–84. http://dx.doi.org/10.54201/iajas.v2i1.38.
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Even though public authorities, in particular the Government and the municipalities, may dis-turb effective competition by their exercise of public powers, competition law does not apply to them, except for the specific and limited circumstances when it can be used in connection with other Treaty provisions. This article first explores the limits of applicability of EU competition law on public authorities; it concludes that even though EU competition law as such does not provide protection against the conduct of public authorities that distorts competition, its scope should not be expanded. The aim of competition law is to limit market power, not official au-thority. Instead, after discussing the legislation of selected countries from Central Europe, it is put forward that specific domestic legislation, applied by competition authorities, may provide an effective remedy to this problem. As comparative research of these issues has been rather limited so far, further elaboration of this topic is recommended.
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Nievienhlovskyi, Adrian. "Artificial intelligence from the perspective of polish intellectual property law. Selected issues." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 93–102. http://dx.doi.org/10.33731/52022.270901.
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Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs
In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
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Armour, J. "Who Should Make Corporate Law? EC Legislation versus Regulatory Competition." Current Legal Problems 58, no. 1 (January 1, 2005): 369–413. http://dx.doi.org/10.1093/clp/58.1.369.
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Machnikowska, Anna. "Wpływ ustawodawstwa stanu wojennego na prawo cywilne w Polsce." Studia nad Autorytaryzmem i Totalitaryzmem 39, no. 3 (February 26, 2018): 23–47. http://dx.doi.org/10.19195/2300-7249.39.3.2.
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THE IMPACT OF MARTIAL LAW LEGISLATION ON CIVIL LAW IN POLAND The author seeks to determine the impact of the legislation that emerged in connection with the introduction of martial law in Poland in 1981 on civil law. She starts by referring to axiology as well as the basic principles of civil law in the socialist state. This provides abackground for her discussion of the changes introduced after 13 December 1981. In her conclusion the author notes that even today there are still unresolved problems concerning damages and compensation for losses suffered during the martial law period by individuals who were interned as well as those who suffered injuries or were forced to emigrate. Some judges are not familiar with the legislation in force at the time and with the consequences of its application, as can be seen in rulings and statements of reasons dismissing some of the claims.
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Pozdzioch, Stefan. "New Legislation in the Field of Public Health Law in Poland." European Journal of Health Law 2, no. 3 (1995): 261–67. http://dx.doi.org/10.1163/157180995x00438.
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Pisarczyk, Łukasz. "Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5827.
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Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection of employee interests (e.g. collective redundancies, transfer of undertaking). As a rule, they reflect basic protective standards determined at the European level. There are, however, some lesser problems that weaken the effect intended by EU legislation. Nonetheless, implementation of European standards has contributed to the development of industrial relations and protection of workers.
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Mochalova, Victoria. "Jewish Minority in the Context of Polish Law." Slavic & Jewish Cultures: Dialogue, Similarities, Differences, no. 2018 (2018): 76–91. http://dx.doi.org/10.31168/2658-3356.2018.7.
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Prohibitions and regulations in Poland, later Poland-Lithuania played a special rule-making and regulatory role, regulating all possible aspects of coexistence of Jews and non-Jews, including situations of conflict – this is the domain of secular and church legislation, decrees. lawsuits. Jews in Polish lands existed under conditions of a rather complex legal system, they became subject to various legal tendencies, as shown in the article by various examples, but they always respected the laws of the country and tried to follow both the prohibitions and the prescriptions contained therein.
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Koch, Hans-Joachim, and Moritz Reese. "Public Waste Management Services in the Internal Market – and the Interpretation of Article 106 TFEU." Journal for European Environmental & Planning Law 8, no. 1 (2011): 23–45. http://dx.doi.org/10.1163/187601011x559709.
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AbstractA matter of current dispute in the German waste-management sector is the extent to which it is permissible under EU law to restrict the market for the recovery of household waste in favour of public providers of disposal services, as is common practice in many member states. This dispute raises fundamental questions as to the relationship between the public provision of services of general interest and European competition and so concerns, in particular, the relevant rules under Article 106 TFEU. In adopting this article, the parties to the Treaty have—as will be shown below—reserved considerable freedom to exempt public services of general interest from competition and the free movement of goods. Whilst their freedom to do so may be limited under secondary legislation providing for an EU-wide competition solution, such legislation must take the form of a targeted liberalisation measure which also lays down the accompanying rules needed to guarantee a universal, reliable and affordable provision of services. The secondary EU waste legislation does not meet this requirement.
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Androshchuk, Hennadii, and Oleksandr Doroshenko. "Codification of industrial property law of Poland: analysis of the main provisions of the new draft law." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 89–99. http://dx.doi.org/10.33731/42022.265867.
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Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law
The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.
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Danilovskaia, Anna. "Criminal-legal protection of competition in the United States." Юридические исследования, no. 2 (February 2020): 30–43. http://dx.doi.org/10.25136/2409-7136.2020.2.32254.
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The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
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Leakey, Liambela Muyunda, and Mubiana Mubiana. "Consumer contracts under the Zambian Law: Does the legislation Provide Adequate Consumer Protection." International Journal of Research and Innovation in Social Science 06, no. 04 (2022): 179–96. http://dx.doi.org/10.47772/ijriss.2022.6413.
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Owing to the shift of the Zambian economy from a countrywide manipulative economic system to a free market economy, there has been neediness for the government to efficiently regulate the economic system to promote honest opposition and client safety. To achieve this, need the authorities enacted the Competition and Fair-Trading Act of 1994 which geared toward regulating anti-competitive practices and customer exploitations within the marketplace. Following some of the changes that have taken area within the Zambian financial system, Parliament enacted the Competition and Consumer Protection Act of 2010 which incorporates diverse revolutionary provisions which might be supposed to address modem financial demands inside the Zambian economic system. This paper focuses on establishing whether Consumer contracts under the Zambian Law if it Provides adequate Consumer Protection by evaluating its effectiveness within the selling and law of sincere competition, patron safety and financial increase in Zambia. It verifies whether the Competition and Consumer Protection Act has effectively and efficiently addressed winning social and financial desires of Zambia’s monetary expedient. The findings were that Competition and Consumer Protection Act become enacted with numerous progressive provisions which were probably presupposed to cope with modem monetary conditions in Zambia. Through those upgrades, the Competition and Consumer Protection Act has quite addressed triumphing monetary desires in the Zambian economic operations. However, despite enhancing the Law, the legislation has not Provided Adequate Consumer Protection as evident by the increasing number of cases being recorded in Zambia regarding consumer protection.
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Belavusau, Uladzislau. "The Rise of Memory Laws in Poland." Security and Human Rights 29, no. 1-4 (December 12, 2018): 36–54. http://dx.doi.org/10.1163/18750230-02901011.
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This article focuses on the growing body of Polish memory laws, including the 2016 ‘Street De-Communization’ Law and the 2018 Law on historical expression that introduced changes to the Act of the Polish Institute of National Remembrance. The analysis zooms in on, in particular, the often-overlooked component of the 2018 Law that requires the investigation of historical crimes of ‘Ukrainian nationalists’, as well as the wider context of ‘memory wars’ through memory laws in Central and Eastern Europe. The examination concludes that there is a discrepancy between the rationale to adopt this legislation in Poland, namely to counteract historical disinformation, and the legal solutions contained in the 2018 Law.
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Drobny, Wojciech. "The Civil Service Law System in Poland – Selected Issues." Public Governance, Administration and Finances Law Review 3, no. 1 (June 30, 2018): 16–25. http://dx.doi.org/10.53116/pgaflr.2018.1.2.
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The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.
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NAZAR, Yuriy S., Tetiana Ya NAZAR, Ivanna M. PROTS, Danylo I. YOSYFOVYCH, and Olena M. ILYUSHYK. "Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1246. http://dx.doi.org/10.14505//jarle.v11.4(50).20.
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The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.
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Imarhiagbe, Miriam. "Right to Repair in EU Competition Law." Nordic Journal of European Law 5, no. 1 (August 31, 2022): 166–72. http://dx.doi.org/10.36969/njel.v5i1.24505.
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The Right to Repair-movement focuses on a fairly simple goal: an increase of sustainability through a consumer’s right to repair a good instead of disposing it and buying a replacement. However, this thought has yet to be comprehensively anchored in European legislation. In US law, for example, the Right to Repair movement has already achieved some developments in copyright law and even is pursuing its goals in antitrust. These measures frequently revolve around the automotive industry (especially regarding agricultural vehicles) as well as the electronic aftermarket. In contrast, EU law has – despite ambitiously efforts for sustainability goals – not given the right to repair the most prominent place in its environmentally-friendly toolbox yet. Still, the Right to Repair has left some marks in the EU and its traces can be found in the current legal framework – even in competition law.
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Wielec, Marcin. "Criminal Law Aspects of Combating Fake News in Poland." Law, Identity and Values 1, no. 2 (2021): 179–92. http://dx.doi.org/10.55073/2021.2.179-192.
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This scientific paper analyzes legal criminal protection against fake news in Poland. First, it presents introductory comments on issues related to the main research area. The general characteristics of substantive criminal law in Poland are also presented. The presentation of the characteristics of formal criminal law is that procedural law or criminal procedures will also have a similar character. The next piece of the analytical puzzle is the characteristic of fake news. All these parts will give rise to the analysis of fake news and criminal law in Poland. This refers to the correlation between these designations. Following the above discussion, draft legislation on fake news in Poland is presented. The comments in this section will show how national law can regulate fake news and legal liability under this phenomenon. At the end of the paper, a short summary contains conclusions related to the analyzed matter.
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Jokovic, Slavica. "Bid Rigging Analysis and Relevant Provisions in the Serbian Legislation." World Competition 42, Issue 2 (June 1, 2019): 237–51. http://dx.doi.org/10.54648/woco2019015.
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The article reviews the main characteristics of bid rigging in public procurement regarding some forms, objectives and consequences, as well as various features of the industry, products and services that tend to facilitate collusion in public tenders. This article also describes the most common indicators of bid rigging in order to detect and prevent anticompetitive collusion. For the purpose of this analysis, the common definition of bid rigging and some practical examples are included in order to elaborate effective measures for its detection and prevention. Taking into consideration that certain public procurement rules may support bid rigging by lessening competition, this article gives an overview of the Law on Public Procurement in Serbia. It outlines relevant provisions that should boost competition and stimulate participation of potential bidders in the public procurement process. Some incentives concerning participation of small and medium enterprises in public procurement are examined, as well as certain new provisions aimed at increasing transparency, promoting integrity and preventing corruption in public procurement. This article also emphasizes the role of the Commission for Protection of Competition in fighting against bid rigging in public procurement. It includes examination based on legislative framework and empirical data of the Commission for Protection of Competition, that performs the activities in accordance with the Law on Protection of Competition. Some examples of bid rigging cases in Serbia are examined, as well. Finally, concluding remarks and recommendations are included.
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Arnold, Iván. "European Air Traffic Management from a New Perspective: Competition Concerns in the Single European Sky." Air and Space Law 43, Issue 3 (May 1, 2018): 319–55. http://dx.doi.org/10.54648/aila2018021.
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This article attempts to assess the Single European Sky (SES) from a competition policy and competition law perspective. While air traffic management (ATM) has been viewed as a traditional and firm example of the exercise of public powers, as a result of technological developments, sectoral EU legislation and the relevant activities of the European Commission, this assessment may no longer be valid and certainly needs to be reconsidered. The European ATM scene is in dynamic change, inspired by EU policies and driven by legislative acts. While a recent report of the European Court of Auditors highlights several problematic aspects of the SES, new European and global markets of ATM services emerge, traditional state functions are earmarked for privatization, powerful industrial partnerships try to shape future markets, public functions are subjected to industry governance and the whole sector is increasingly at risk of technological disruption by tech firms such as Google and Facebook, interested in developing automatized solutions for the separation of drones and possibly traditional ATM. At least some of these new developments may be relevant from the competition perspective. It will be argued that competition policy and competition law are not only relevant to the ATM sector, but they need to be considered when making political and business decisions and adopting new legislation. Focussing on the most relevant sectoral developments, including provisions of the reinvented SES 2 sectoral legislative proposal of the European Commission, the article will argue that overlooking competition policy and competition law in the digital SES may lead to anti-competitive consequences in the reorganized ATM sector.
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Kroczek, Piotr. "State law as a determinant of church legislation: the case of Poland." Analecta Cracoviensia 49 (June 15, 2018): 357. http://dx.doi.org/10.15633/acr.2419.
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Yu, Lu Ming, and Yongyeh Ngalim Elizabeth. "A Comparative Study of China's Competition Law and Cameroon's Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon." Journal of Politics and Law 15, no. 1 (November 26, 2021): 34. http://dx.doi.org/10.5539/jpl.v15n1p34.
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This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century.
As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).
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Kutylowski, A. Jan. "Responses of Entrepreneurs and Managers to Dishonest Competition and Coercion in Poland." Monatsschrift für Kriminologie und Strafrechtsreform 90, no. 2-3 (June 1, 2007): 207–23. http://dx.doi.org/10.1515/mks-2007-902-311.
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Stec, Roman. "THE DEVELOPMENT OF LEGAL STANDARDS GOVERNING HUNTING IN POLAND." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 13–30. http://dx.doi.org/10.5604/01.3001.0013.0000.
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An article under the title “The Development Of Legal Standards Governing Hunting in Poland," shows the evolution of the rules of law concerning hunting in Poland. In the paper there is a discussion on hunting as the activities in the natural environment. In addition, the author demonstrates whether legislation