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1
Dembicz, Katarzyna. "Where Power Meets Knowledge." Ad Americam 21 (September 30, 2020): 63–68. http://dx.doi.org/10.12797/adamericam.21.2020.21.04.
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The new Law on Higher Education and Science, referred to as the “Constitution for Science” or the “Law 2.0,” has thoroughly reshaped research activities and academic education in Poland, and Latin American Studies—which gained a well-established position since the transformation of the 1980s and 1990s—is no exception. However, it would appear that the introduced changes may have a negative, rather than positive impact. The following article sets out to outline the current situation of Latin American Studies in Poland in the context of the relations between science and politics under the circumstances of the new legislation.
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Marchuk, M. I. "Legislative power in the Republic of Poland." Law and Safety 71, no. 4 (December 27, 2018): 22–28. http://dx.doi.org/10.32631/pb.2018.4.02.
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The article is focused on the problems of studying the constitutional and legal aspects of the functioning of the bicameral parliament in the Republic of Poland. The research is carried out with the aim of studying and scientific understanding of the practical implementation of certain aspects of bicameralism in Ukraine.
The peculiarities of the legal status of the Sejm and the Senate as the chambers of political representation of the sovereign Polish nation have been analyzed. It has been emphasized that certain competencies of legislative power in the Polish power system are intended to compensate for the strong positions of the executive branch, due to the assignment of the President of the Republic of Poland to it. It has been noted that in the period after the restoration of the bicameral structure of the Polish Parliament in 1989, until 2010, the Sejm held the dominant position. It has been established that at the present stage of development, the Polish constitutional doctrine foresees an asymmetric bicameral parliament model with the preservation of the system’s equivalence of chambers.
It has been noted that the result of the accession of the Republic of Poland to the European Union, the Sejm and the Senate had functional changes that covered almost all the powers of the national parliament, including, first of all, legislative and control functions, led to the appearance of elements of the “European” function of the parliament and transformed already existing commitment of both chambers.
The peculiarities of the influence of the EU legal acts on the processes of national legislation in Poland have been revealed. The directions of transformation of the normative and controlling function of the Sejm and the Senate have been determined. The principles of functional separation of powers of the Sejm and the Senate in the light of the national and European legislation have been established. It has been concluded that during the process of implementation of acts of the European law in the national legal system of the Republic of Poland, the chambers of the parliament managed to expand their powers at the expense of the so-called “European competence of the Polish parliament”.
3
Kłoda, Mariusz Tomasz, Katarzyna Malinowska, Bartosz Malinowski, and Małgorzata Polkowska. "Regulacja górnictwa kosmicznego w polskiej ustawie o działalności kosmicznej." Studia Iuridica, no. 88 (December 13, 2021): 171–86. http://dx.doi.org/10.31338/2544-3135.si.2021-88.9.
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Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.
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Konstankiewicz, Marek. "Regulacje prawa polskiego mające znaczenie dla działalności archiwalnej." Archeion, no. 121 (2020): 15–67. http://dx.doi.org/10.4467/26581264arc.20.001.12958.
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Provisions of Polish law of significance to archival activities Legal provisions significantly affect archival activities, including the state of preservation and availability of archival materials. This article presents the provisions of generally applicable law in Poland as of 1 September 2020, taking into account provisions directly related to the structure of archival institutions, the protection of archival materials and the processes of shaping, developing and sharing of archival resources. These provisions can be found in the Constitution of the Republic of Poland, the Act on National Archive Resources and Archives of 1983 with secondary legislation, a range of other acts and secondary legislation to them, numerous international agreements and legal acts of the EU. It is particularly interesting that there is an increase in the number of regulations which treat archives together with other cultural assets, which locate the activities of archives in the area of general access to information. A major challenge is the dispersion of these norms across many legal acts, as well as frequent and fragmentary amendments to them. Some areas of legal regulations require more in-depth research, especially in terms of their actual impact on the activities of archives. This reflection may be useful in methodological discussions, educating archive staff at all levels and formulating proposals for legislative amendments.
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Konstankiewicz, Marek. "Regulacje prawa polskiego mające znaczenie dla działalności archiwalnej." Archeion, no. 121 (2020): 15–67. http://dx.doi.org/10.4467/26581264arc.20.001.12958.
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Provisions of Polish law of significance to archival activities Legal provisions significantly affect archival activities, including the state of preservation and availability of archival materials. This article presents the provisions of generally applicable law in Poland as of 1 September 2020, taking into account provisions directly related to the structure of archival institutions, the protection of archival materials and the processes of shaping, developing and sharing of archival resources. These provisions can be found in the Constitution of the Republic of Poland, the Act on National Archive Resources and Archives of 1983 with secondary legislation, a range of other acts and secondary legislation to them, numerous international agreements and legal acts of the EU. It is particularly interesting that there is an increase in the number of regulations which treat archives together with other cultural assets, which locate the activities of archives in the area of general access to information. A major challenge is the dispersion of these norms across many legal acts, as well as frequent and fragmentary amendments to them. Some areas of legal regulations require more in-depth research, especially in terms of their actual impact on the activities of archives. This reflection may be useful in methodological discussions, educating archive staff at all levels and formulating proposals for legislative amendments.
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Krygier, Martin. "The Challenge of Institutionalisation: Post-Communist ‘Transitions’, Populism, and the Rule of Law." European Constitutional Law Review 15, no. 3 (September 2019): 544–73. http://dx.doi.org/10.1017/s1574019619000294.
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Institutionalisation – Populism – Rule of law – Poland – Hungary – Post-communist reformers more given to emulation, adoption and installation, than institutionalisation – Institutionalised traditions as resources and sources of recalcitrance – New populists as institutionalisers of anti-rule of law values, de-institutionalisers of independent institutions – ‘Abusive constitutionalists’, who erode and subvert the kinds of institutionalisation necessary to temper power
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Tsvigun, Iryna. "LAND LEGAL RELATIONS UNDER THE LEGISLATION OF POLAND AND UKRAINE: A COMPARATIVE LEGAL ANALYSIS." Baltic Journal of Legal and Social Sciences, no. 2 (October 26, 2022): 217–21. http://dx.doi.org/10.30525/2592-8813-2022-2-36.
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The article carres out a professional comparative legal analysis of the legislation of Ukraine and Poland in the field of land law regulation. Attention was primarily focused on the directions of development of land relations for completeness and a comprehensive presentation of the research , the concepts and terms most open to the understanding of the society were considered, in particular – «land legal relations», «land plot», «real estate», «land ownership», «land real estate», «real estate» and the general features and differences of these concepts in Ukrainian and Polish legislation are outlined. The article discloses the features of land management and cadastre in the system of land legal relations of both states, highlights the differences in the basic approaches of modern land management, in particular, the use of an innovative type of documentation for the Ukrainian legislator – a comprehensive spatial development plan. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. It was found that land relations in Ukraine and Poland are regulated by a number of normative legal acts, while the essence of normative legal regulation is the division of land legal relations into relations of a public and private nature, which is a kind of standard of land relations regarding a land plot as a part of the earth surface and the corresponding natural resource. It was also found that at the current stage of the development of land legal relations, the formation of the latest approaches in understanding the infrastructure of geospatial data is decisive for both states, which is a potentially new step in the development of land relations in a systemic relationship with other types of natural resources (water, forest, plant life, etc.). Special attention is paid to the results of the study, based on the own analysis, a number of inherent and distinctive features of the legislation of Poland and Ukraine in the field of land law regulation have been singled out. It is noted that turning to the experience of other countries is a potentially important and promising direction in the development of modern Ukrainian legislation. Attention is focused on the importance of studying the experience of other countries, in particular Poland, which will contribute to the transformation of Ukrainian land legislation in the formation of norms that will contribute to the development of Ukrainian society.
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Символоков, Олег, Oleg Simvolokov, Анна Белякова, Anna Belyakova, Валерия Смирнова, Valeriya Smirnova, Олеся Золотова, et al. "LAW AND ECONOMIC ACTIVITY: MODERN CHALLENGES (REVIEW OF X ANNUAL SCIENTIFIC CONFERENCE IN MEMORY OF PROFESSOR S. N. BRATUS)." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17380.
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The review reflects main ideas expressed in the reports of the participants of X conference in memory of Professor S. N. Bratus, a famous civil lawyer and legal theorist. The conference is held annually in the Institute of Legislation and Comparative Law under the Government of the Russian Federation. During the conference the participants discussed controversial issues of the development of legislation on the law of things, status and activities of legal entities in the sphere of intellectual property, power industry, use of natural resources and ecology, labor legislation, the problem of Russia’s simultaneous participation in WTO and EAEU.
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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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Hodge, James G., and Gabriel B. Eber. "Tobacco Control Legislation: Tools for Public Health Improvement." Journal of Law, Medicine & Ethics 32, no. 3 (2004): 516–23. http://dx.doi.org/10.1111/j.1748-720x.2004.tb00165.x.
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Government’s responsibility to safeguard the public’s health through law has been part of the social contract since ancient times. Cicero declared salus populi suprema lex esto - “the safety of the people is the supreme law”. Disraeli proclaimed that protecting the public’s health is the first duty of the statesman. Of the ten most important public health achievements of the 20th century in the US., seven are directly related to legal interventions, including legislative interventions. As new and existing risks to health risks emerge internationally, governments have consistently used the law as a tool to define the goals of public health, direct public health authorities to accomplish these goals, and equip them with the power and resources to do so.Tobacco control represents a salient example of how law can be used to ensure health. Like other public health laws, tobacco control laws have historic grounds. Government and other policymakers have enacted laws to control tobacco use for hundreds of years. The Russian church forbade tobacco use as an “abomination.”
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Liubchych, Anna, Olena Savchuk, and Kateryna Vrublevska-Misiuna. "Legal Forest Management Problems: EU Experience." European Journal of Sustainable Development 9, no. 1 (February 1, 2020): 205. http://dx.doi.org/10.14207/ejsd.2020.v9n1p205.
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The work contains the analysis of forestry management legal problems in Ukraine and the European Union, highlighting the problematic points in the national legislation and the possibility of implementing the experience of developed countries.
There are singled out the ways to improve forestry legislation, with accentuating the need in developing a nation-wide forestry program which would regulate forestry management with accounting for preservation of the forest’s ecology function and biologic potential. It is proved that a woodcutting site has attributes of a forestry relations object as a plot of the forest fund of Ukraine with established borders.
Also, there arises the need in revising the Regulation on territorial offices of the central executive power body that carries out state policies in forestry and in bringing it to the correspondence with the requirements of standing legislation of Ukraine and the Regulation on State forest inspection of Ukraine, granting it plenary powers similar to those in the leading European countries, for instance “forest guard” of the Republic of Poland.
Key words: Forest; Woodcutting; Timber harvesting; Forest resources; Woodcutting site; Forestry management; Forest site; Forestry.
12
Gradziuk, Piotr, Barbara Gradziuk, and Anna Us. "PV POWER PLANTS SECTOR – INVESTMENT COSTS TRENDS." Annals of the Polish Association of Agricultural and Agribusiness Economists XX, no. 1 (April 4, 2018): 44–49. http://dx.doi.org/10.5604/01.3001.0011.7227.
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Between 2011 and 2016 photovoltaic sector in Poland was characterised by continuous and dynamic growth. The country's cumulative installed PV power increased from 1 MW up to 187 MW, whereas the amount of PV-generated electricity expanded from approximately 0.01 GWh to 124 GWh. The most important factors influencing this sector's growth are liberalisation of Polish energy law and financial resources, as well as continuing decline in photovoltaic installation costs, for both commercial and noncommercial prosumers. In 2018, the average cost of installing 1kW of photovoltaic system was between 4000 PLN and 6400 PLN (with average 5000 PLN). Such price fluctuations are caused by the quality of PV modules and inverters, changes to assembly techniques, competition in local markets and selection methods.
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Pokrzywniak, Jakub. "Consumer protection under Polish private law." Pravovedenie 65, no. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
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This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.
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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.
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Nykolaishen, Sarah, and Nigel Bankes. "Sacrificing Fish for Power: A Legal History of the Spray Lakes Development." Alberta Law Review 50, no. 1 (August 1, 2012): 1. http://dx.doi.org/10.29173/alr266.
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This article tells the story of how Calgary Power acquired a legal licence to divert and store water in the Spray Lakes Reservoir, how multiple legal instruments, including the National Parks Act, Alberta’s Water Resources Act, and the Natural Resources Transfer Agreement were shaped along the way, as well as details the subsequent efforts that have been made to restore stream flows to the Spray River and rehabilitate its native cutthroat trout population. This article highlights many of the challenges that older hydro-developments pose to aquatic ecosystem health and instream flow needs, while demonstrating that the law can be shaped in interesting ways through the dual pressure of economic growth and environmentalism. This story offers food for thought as Canadian environmental legislation appears poised to undergo significant change.
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Kashirkina, Anna A., and Andrey N. Morozov. "Expert examination of electoral legislation in the conclusions of the Venice Commission." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1109–27. http://dx.doi.org/10.21638/spbu14.2021.419.
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The article is devoted to the theoretical and practical approaches of the European Commission for Democracy through Law (the Venice Commission) to the assessment of electoral processes and elections in states. Since the Venice Commission is a subsidiary body of the Council of Europe, special attention is paid to the observance of Council of Europe standards in the field of human and civil rights in regard to elections. Through an empirical analysis of various documents of the Venice Commission (conclusions, recommendations, codes of practice, etc.), a conclusion is drawn about the existential approach of this body to assessing the electoral legislation of states. This approach is based on a wide array of sources perceived by experts of the Venice Commission, which, in addition to state legislation and official comments, may also include reports from the media, the Internet, the personal worldview of the expert and comments from other persons familiar with the situation. Based on this broad range of sources, the Venice Commission also objectifies its assessments into different acts, which may have a variety of names, but have the force of recommendations for states. Thus, the conclusions of the Venice Commission are acts of soft law and can be perceived by national legal systems using various channels of implementation. The analysis of the documents of the Venice Commission on elections and electoral processes shows that in the orbit of expertise of this body are such issues as: prevention of abuse of power and administrative resources of power in the organization and holding of elections; prevention of discrimination against opposition and various minorities, etc. The issues of gender equality in state authorities, protection of the rights of stateless persons, and voting using digital technologies are also considered.
17
Osak, Mikołaj. "Cechy stalinowskiego prawa karnego na podstawie podręcznika Igora Andrejewa, Leszka Lernella i Jerzego Sawickiego Prawo karne Polski Ludowej z 1950 r." Miscellanea Historico-Iuridica 20, no. 1 (2021): 219–38. http://dx.doi.org/10.15290/mhi.2021.20.01.11.
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Purpose of this paper is to present traits of penal law during Stalinist period in Poland based on a handbook by I. Andrejew, L. Lernell and J. Sawicki “Prawo karne Polski Ludowej”, which was first published in 1950. For this purpose, a number of issues appearing in the publication were described, such as: materialist definition of crime, ex post facto law, penality of preparation, attitude towards pre-war legislation instituted by interpretation, criticism of sociological school in penal law, position of death penalty in punishment system. Based on characteristics of them, traits of Stalinist penal law were identified, some of which are: excessive repressiveness, subordination of law to the power, or its instrumentalization. Identification of these traits was made possible by utilization of modern literature concerning the subject, presentation of regulations from laws having effect at the time, as well as comparison of handbook’s contents with current historical knowledge. Characteristics of traits of Stalinist penal law was preceded by a description of circumstances of origins of the handbook – its position among existing course books, reviews and consideration of impact of authors’ personal background on character of their work. What is more, teaching of penal law in the early days of Peoples’ Poland was briefly described, with an indication, why work of I. Andrejew, L. Lernell and J. Sawicki was particularly needed in law schools created by communist government.
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Zaiets, Olena, Tetiana Kovalenko, Tetiana Shokha, Yulyia Vlasenko, and Elina Pozniak. "Ukrainian Reform of Decentralization Processes Consolidating the Sustainable Development: Environmental and Legal Aspects." Grassroots Journal of Natural Resources 05, no. 02 (June 30, 2022): 104–26. http://dx.doi.org/10.33002/nr2581.6853.050207.
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The strategic vision of sustainable development for Ukraine is based on ensuring national interests and accomplishing international commitments proceeding to sustainable development. Sustainable development involves decentralization and implementation of regional policy, which is based on a harmonious combination of national and regional interests regarding ecology. This article aims to identify and analyze environmental and legal components of the decentralization of power in Ukraine as a means to sustainable development provisions. The main focus of ecological decentralization is placed on land resources. This is due to the peculiarities of the national system of environmental law (natural resource and environmental regulations) of Ukraine. The article highlights the main and additional areas of environmental decentralization. It analyzes the legislation and the practice of its implementation in the sphere of natural resources reallocation, territorial communities’ demarcation, and their planning process. The roles of cadasters, registers, and electronic databases in maintaining natural resources for the successful decentralization of power are analyzed. The legal perspectives for the decentralization of environmental control are also outlined. The status of financial and ecological resources redistribution in the process of decentralization is highlighted along with the ways of its subsequent improvement. The conclusion suggests the ways for the improvement of legislation and the practice of its implementation to accomplish successful decentralization reform.
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Tsvigun, Iryna. "THE LEGAL MECHANISM OF INTERACTION OF THE LAND CADASTRE WITH OTHER REGISTERS UNDER THE LEGISLATION OF UKRAINE AND POLAND." Baltic Journal of Legal and Social Sciences, no. 3 (December 2, 2022): 79–85. http://dx.doi.org/10.30525/2592-8813-2022-3-10.
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The article carries out a professional comparative legal analysis of the legislation of Ukraine and Poland in the sphere of regulation of mechanisms of interaction of the land cadastre with other registers. For the completeness and comprehensive presentation of the study, attention was primarily focused on the directions of development of the land cadastre, the legislation regulating the functioning of the land cadastre and other registers was analyzed. The article reveals the peculiarities of cadastre management in the system of land legal relations of both states, highlights the differences in the basic approaches of modern cadastre in Ukraine and Poland, and emphasizes the trends in the convergence of cadastre systems – by introducing the concepts of spatial object and geospatial data, respectively. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. At the same time, the land cadastre system in Ukraine is currently a full system of information on various types of natural resources (land, forest, water) and contains information on various restrictions (environmental protection, cultural, etc.). At the same time, the functioning of the state land cadastre and other registers in Ukraine is carried out through the mutual exchange of information between the registers. It has been found that legal disputes in Ukraine related to the cancellation of objects in the relevant registers have their own peculiarities, which consist in the impossibility of applying the norms of procedural legislation regarding the reversal of the execution of a court decision. Practical problems have been noted at the stage of execution of decisions, for example, in the case of approval of a court decision in absentia, the status of which is special because it is adopted without the participation of one of the parties to the dispute, given the lack of relevant changes in the procedural legislation regarding the category of cases. It has been established that the complexity of the land cadastre in Ukraine and the real estate cadastre in Poland is due to the need for the formation of appropriate measurement standards while preserving the legal and geometric relations between the subject and the object of law. Summing up, the main trends in the development of cadastres of Ukraine and Poland are outlined, it is proved that the land cadastre as an information accounting system at the current stage is moving to a different stage of functioning, which is closely related to the development of digital technologies, and determines the perspective and relevance of the researched topic.
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Royandi, Eva, and Arif Satria. "Actors Strategies on Sea Resources Utilization in Palabuhanratu-Jawa Barat." Sodality: Jurnal Sosiologi Pedesaan 7, no. 2 (September 1, 2019): 127–36. http://dx.doi.org/10.22500/sodality.v7i2.24334.
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This study aims to (1) analyze the authority of actors to access (control) rights-based marine resources, (2) to analyze the power of actors to access marine resources based on structures and relational resources. This Research was conducted at seawater of Palabuhanratu, Sukabumi, West Java. We use qualitative methods in the present study. The results showed that among local fishers, immigrant fishers (settle), outside fishers (not settle), and managers of the thermal power station (PLTU) have different interests in using marine resources. The Fishers groups have an interest in utilizing marine and fisheries resources (including fishing areas and fish), while PLTU managers have interests in the construction of power plants, barge transportation (coal transportation), development of dams, construction of barge ship ports that buy 3 million seas. The approved PLTU activities must access fisheries against marine resources, coupled with the indication of PLTU waste pollution that harms fishers. The results of the analysis of rights-based licensing for each actor have legislation that is built on official law. The relations of the power's actors to access marine resources based on the structures and relational was held through types of power, i.e., technology, capital, markets, knowledge, authority, social identity and social relationships.
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Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (December 15, 2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Chinsembu, Wana W., and Kazhila C. Chinsembu. "‘Poisoned Chalice’: Law on Access to Biological and Genetic Resources and Associated Traditional Knowledge in Namibia." Resources 9, no. 7 (July 3, 2020): 83. http://dx.doi.org/10.3390/resources9070083.
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Many countries in Africa provide ethnobiological resources (more especially ethnomedicinal plants), which are converted by companies and users from developed countries into biopharmaceutical products without any monetary benefits to the countries of origin. To mitigate the lack of benefits, African countries are beginning to enact access and benefit-sharing (ABS) legislation, though their wheels turn very slowly. Since many African ABS laws have not been appraised for their feasibility, this paper presents a contextual analysis of Namibia’s new ABS law: The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act No. 2 of 27 June 2017. Even if several international conventions on ABS and local institutional structures guided the evolution of the 2017 Act, the main drivers for the enactment of the ABS legislation in Namibia are: Inequitable sharing of monetary benefits from the green economy, putative, but unproven cases of biopiracy, and political power contestations over ethnobiological resources. A critical analysis of important challenges faced by Namibia’s new ABS law include: Lack of adequate participatory consultations and technical capacity at the local level, discount of the non-commodity cultural value of TK, ambiguous and narrow definition of the term ‘community’, lack of a clause on confidentiality, and assertions that the new ABS law negatively impacts research in Namibian universities and botanic gardens. In contrast to South Africa’s ABS law, Namibia’s law is more onerous because it does not differentiate between commercial and non-commercial research.
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Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.
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Increasing petroleum activity in Australia's offshore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Territory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sensitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. Despite the recent Intergovernmental Agreement on the Environment, substantial ultimate power resides with the Commonwealth to protect the environment, particularly through the use of the external affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.
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Htun, Mala, and Francesca R. Jensenius. "Fighting Violence Against Women: Laws, Norms & Challenges Ahead." Daedalus 149, no. 1 (January 2020): 144–59. http://dx.doi.org/10.1162/daed_a_01779.
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In the 1990s and 2000s, pressure from feminist movements and allies succeeded in pushing scores of states to reform their laws to prevent and punish violence against women (VAW). Even in states with progressive legislation, however, activists face challenges to induce citizens to comply with the law, compel state authorities to enforce the law, and ensure the adequate allocation of resources for social support services. In this essay, we take stock of legislative developments related to VAW around the world, with a focus on the variation in approaches toward intimate partner violence and sexual harassment. We analyze efforts to align behavior with progressive legislation, and end with a discussion of the balance activists must strike between fighting VAW aggressively with the carceral and social support dimensions of state power, while exercising some restraint to avoid the potentially counterproductive effects of state action.
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Mieńkowska-Norkiene, Renata. "The Political Impact of the Case Law of the Court of Justice of the European Union." European Constitutional Law Review 17, no. 1 (March 2021): 1–25. http://dx.doi.org/10.1017/s1574019621000080.
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Conceptual framework for understanding the degree and scope of the political impact of the case law of the Court of Justice of the European Union – Definition of ‘the political’ – Carl Schmitt’s concept of political realism – Chantal Mouffe’s agonistic theory of ‘the political’ – ‘The political’ in the light of three classical categories: (1) polity, (2) policy, and (3) politics – Framework for understanding polity as competing values, policy as conflicts over resources, politics as fights for power – Criteria of political significance and impact of the Court of Justice case law – Two illustrations: Case C-391/09 Runevič-Vardyn v Vilniaus miesto savivaldybės administracija and Case C-192/18 European Commission v Republic of Poland set against the broader context of politically significant cases from the Court of Justice of the European Union.
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Sobolewski, Aleksander, Tomasz Chmielniak, Joanna Bigda, Tomasz Billig, Rafał Fryza, and Józef Popowicz. "Closing of Carbon Cycle by Waste Gasification for Circular Economy Implementation in Poland." Energies 15, no. 14 (July 7, 2022): 4983. http://dx.doi.org/10.3390/en15144983.
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Domestic coal and waste resources, which are valuable sources of carbon, can support efforts to transform a linear economy into a circular carbon economy. Their use, as an alternative to conventional, imported fossil resources (crude oil, natural gas) for chemical production, provides an opportunity for Poland to solve problems related to competitiveness, security of supply, and sustainable development in various industries. This is important for Poland because it can provide it with a long-term perspective of economic growth and development, taking into account global trends (e.g., the Paris Agreement) and EU legislation. The article presents a concept to support the transformation from linear toward a circular carbon economy under Polish conditions. The carried-out analyses showed that coal, RDF, and plastic waste fuels can be a valuable source of raw material for the development of the chemical industry in Poland. Due to the assumed availability of plastic waste and the loss of carbon in the production process, coal consumption is estimated at 10 million t/yr, both in the medium- and long-term. In case where coal consumption is reduced and an additional source of ‘green hydrogen’ is used, CO2 emissions could be reduced even by 98% by 2050. The presented results show the technical and economic feasibility of the proposed solution and could be the basis for development of the roadmap for transition of the linear to circular economy under Polish condition.
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Jurgilewicz, Marcin, and Oktawia Jurgilewicz. "An Outline of the Legal Protection of Air in Poland and the European Union." Internal Security 8, no. 2 (December 31, 2016): 0. http://dx.doi.org/10.5604/01.3001.0010.2278.
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Air Protection is clearly an issue regulated both under Polish, as well as international, law especially European Union law. The area of this regulation is part of wide-ranging environmental protection issues, the essence of which should be considered mainly in the light of the numerous socio-economic transformations of the late twentieth century, as well as the development of the structures of the European Union and the Polish membership of this organisation since 2004. Currently, the broad regulations on air protection have been amended many times already by the Act of 27 April 2001. Environmental Protection Law and implementing Acts issued on its basis, define first and foremost the principles for the protection of the environment and conditions for the use of its resources, taking into account the requirements of sustainable development and, in particular, the rules determining the conditions of conservation of the environment, the conditions for the introduction of substances or energy into the environment, the costs of using the environment as well as the responsibilities of authorities and responsibilities and sanctions. Its provisions do not apply to matters covered in nuclear law and in respect of the obligation to hold a permit, issue a decision on an acceptable level of noise, or pay fees in the case of conducting rescue operations, as well as the noise arising in connection with the widespread use of the environment. This article includes the issues of formation and characteristics of the current normative regulations relating to the protection of the air as part of the environment both in regard to Polish, as well as foreign, legislation.
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Marchuk, M. I. "Basic Evolutionary Stages of Polish Democracy." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 68–81. http://dx.doi.org/10.32631/v.2021.2.06.
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The article is focused on studying and scientific understanding of the process of the formation and evolution of Poland as a modern democratic European state. The author has indicated the significance of the influence of the democratic traditions of the Polish people on the formation of the current model of the state system of the Republic of Poland.
The author has established the general chronological boundaries of each of the periods of democratization of Polish society starting from the times of “noble democracy”. The main characteristics of the stages of democratic development of Poland until the present day have been determined.
The main factors that influenced the course of democratic transit in the Polish state have been clarified. It has been proved that the peculiarities of modern Polish statehood are determined by the historical traditions of Polish democracy, the mentality of the Polish people and membership in the European Union and other international organizations. It has been emphasized that the implementation of economic and institutional transformations in Poland in the post-Soviet period was accompanied by the simultaneous formation of civil society. It has been established that the result of democratic transit in the Republic of Poland is a liberal democracy of the Western type with a certain bias towards social democracy.
The author has emphasized the decisive role of European integration processes in the formation of the Republic of Poland as a democratic, legal and social state. Based on the analysis of the current legislation and ongoing reforms in the law-making sphere, the author has defined the main factors that determine the existing systemic threats to the rule of law and democracy in Poland at the present stage of its state-building.
It has been stated that although Polish democracy demonstrates some negative tendencies, it is unlikely collapsed due to the current challenges, since the Republic still maintains the balance between state power and political freedom of citizens and their associations and the general atmosphere in Polish society remains open and free.
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Brzezicki, T., and P. Kornieiev. "Tax on real estate, other than land." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 210–14. http://dx.doi.org/10.24144/2307-3322.2021.65.38.
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The study examines the mechanism of real estate taxation. The current state of their functioning in Ukraine is analysed in detail. Problems of legal and regulatory nature are also investigated. The main features that characterize this tax, both in Ukrainian and Polish legislation, are also described. In addition the feasibility of reforming the tax base in the Ukrainian legislation is analyzed. Analyzed the experience of foreign countries, and held a parallel to the functioning of the tax in Poland, as an example, one of Europe’s economically developed countries. This article focuses on tax on immovable property. The introduction of real estate tax in Ukraine has followed a difficult path. The authors emphasize that development, and global development, is not possible without the socio-economic development of the country. In the authors’ view, development must begin in the cities, namely with the effective formation of local budgets. Because the financial resources of the cities have a direct influence on the solution of social and economic problems. The problem of deficiency of financial resources of cities, is a frequent problem on the territory of Ukraine. Therefore, we consider it necessary to pay attention to the European practice of countries that have a rational approach to the redistribution of income, with the help of certain tax rates, or by applying the benefits provided by the legislation. Statistical data shows that property tax has been introduced in about 130 coun-tries, thereby providing a significant part of budget revenues. The study is written using the descriptive method on the basis of administrative court jurisprudence and tax law literature.
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Marchuk, M. I. "TRANSFORMATIONS OF POLISH DEMOCRACY IN THE PERIOD OF THE XX - BEGINNING OF THE XXI CENTURY." Analytical and Comparative Jurisprudence, no. 2 (July 6, 2021): 5–10. http://dx.doi.org/10.24144/2788-6018.2021.02.1.
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The article is devoted to the study and scientific understanding of the process of formation and evolution of Poland as a modern democratic European state. The importance of the influence of the democratic traditions of the Polish people on the formation of the current model of the state system of the Republic of Poland is pointed out.
The general chronological framework of each of the periods of democratization of Polish society, starting from the times of "noble democracy", has been established. The main characteristics of the stages of democratic development of Poland up to the present period are determined.
The main factors that influenced the course of democratic transit in the Polish state have been clarified. It turns out that the peculiarities of modern Polish statehood are due to the historical traditions of Polish democracy, the mentality of the Polish people, membership in the EU and other international organizations. It is emphasized that the implementation of economic and institutional transformations in the Polish state in the post-Soviet period was accompanied by the simultaneous formation of civil society. It is established that the result of democratic transit in the Republic of Poland is a liberal democracy of the western type with a certain bias towards social democracy.
Emphasis is placed on the decisive role of European integration processes in the establishment of the Republic of Poland as a democratic, legal and social state. Based on the analysis of current legislation and ongoing reforms in the law-making sphere, the main factors that determine the existing systemic threats to the rule of law and democracy in Poland at the present stage of its state-building have been identified.
It is stated that Polish democracy at present shows some negative tendencies, but it is unlikely to collapse due to the current challenges, as the Republic still maintains a balance between state power and political freedom of citizens and their associations and the general atmosphere in Polish society remains open and free.
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Zaleśny, Jacek. "Judicial Legislation as a Form of Appropriation of Competences Not Conferred upon the EU and the CJEU." Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 99–108. http://dx.doi.org/10.26881/gsp.2022.4.08.
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The gloss refers to a judgment of the CJEU of 15 July 2021 in case C 791/19 European Commission v Republic of Poland, in which the court adjudicated regarding the EU compliance of national regulations on the system of the organs of judicial authority. It is argued that the problem of the system of the organs of judicial authority in EU member states does not fall within the competence granted to the EU, but remains the exclusive competence of Member States themselves. The CJEU is empowered to adjudicate only within the scope of competences conferred upon the EU, and is not competent to take over the competences of the organs of state power of the Member States. The attempted appropriation of Member States’ competences by CJEU is a sign of the politicization of the CJEU, and undermines the character of the EU as an organization that respects the rule of law.
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Matiichuk, Liubomyr P. "Stabilization of Transformation Processes in the Energy Security Measurement System of Ukraine." Business Inform 8, no. 535 (2022): 127–34. http://dx.doi.org/10.32983/2222-4459-2022-8-127-134.
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Radical transformations of the Ukrainian energy system also caused changes in energy policy. However, the interpreted provisions did not provide for extraordinary differences regarding the modification of energy measures in terms of individual regions. These actions subsequently caused the institutional transformation of fuel, gas, and electric power measures on the way to economic liberalization. Energy policy combines legal, organizational, financial and economic regulation in the country's national policy context. Implementation of innovative technological improvements in the FEC allows for: modernization of the energy system; improvement of infrastructure; integrating advanced foreign practices into one's own system; application of innovations following the EU legislation; introduction of hydrogen technologies and the transition to clean energy. Creation of reserves to avoid the shortage of energy resources: formation of the legislation of Ukraine regarding the reservation of oil and gas storages; creation of an Eastern European gas and oil center (hub) in Ukraine; formation of a system of increasing price competition on European markets through reservation. Assimilation of experience and formation of established norms of behavior on energy saving includes: improvement of normative and legal aspects of the regulation of economic activity by business entities; technical improvement of production processes; application of systematic monitoring and energy audit; achieving the effect of scale during the production and consumption of energy resources. The energy efficiency of the use of resources in view of their diversity and the use of FEC allows for: reliability and continuity of energy supply; pricing; normative and legal instruments of regulation; projects related to the implementation of efficient energy use; measures to preserve the environment. Diversification in the application of RES in energy segments provides for: diversifying the ties with the countries of the energy society; resuming the cooperation with Poland through the ?winouj?cie LNG terminal in the context of gas and energy; activating the transit of energy resources through Slovakia, Moldova, and Romania. The function of the energy system following EU legislation and modern global challenges consists in: implementation of the priorities of the Green Deal; transition to clean energy; application of hydrogen energy; establishing the infrastructure for the use of RES.
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Solel, Yifat. "If Uber were a Cooperative: A Democratically Biased Analysis of Platform Economy." Law & Ethics of Human Rights 13, no. 2 (November 18, 2019): 239–62. http://dx.doi.org/10.1515/lehr-2019-2007.
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Abstract Online, or platform economy, is no different than offline economy. Platforms are in this day and age what land was in agrarian times and the means of production for the industrial revolution period — i.e., basic resources. As such, the prime questions to be addressed are the same as ever: who owns the resources, who controls them, who profits from them, and who makes the decisions regarding all of the above. Analyzing online economy by these parameters elicits three major categories: Online Capitalism — economic activities designed to maximize profits; Sharing Economy, using a substance-based definition — allowing underused resources to be used by others and adding social value: connecting people, contributing to the environment, and creating communities; and Platform Cooperativism — using online technology to promote economic and social goals and interests, as in the sharing notion, adding power-building components: ownership, control – democracy. This classification is both an identifying tool that allows for an objective evaluation of enterprises and a basis for future legislation and public policy that favors democratic and community-based enterprises. Platform Economy poses great threats: It allows for concentration of power, wealth and control, but it also holds great opportunities as it constructs mechanisms that enable mass participation in decision-making, and thus allows to develop a new and exciting future in which democracy re-claims its front seat, and people regain the power to make a difference.
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Yu, Chen, and Jae-Wook Lim. "A Primary Research on Legislation of Leading Maritime City Development of Xiamen." Korea Association for International Commerce and Information 24, no. 2 (June 30, 2022): 179–216. http://dx.doi.org/10.15798/kaici.2022.24.2.179.
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Based on the relatively comprehensive evaluation system and definition constructed by Menon Economics and DNV in "The leading maritime cities of the world"[1], the government needs to consider shipping, finance and law, maritime technology, attractiveness&competitiveness when building a global leading maritime city five dimensions. This article will study from a legal point of view, taking Xiamen as a case study.
If Xiamen wants to build a leading maritime city of the world, the legislation of the sea is an area that cannot be ignored. The Xiamen Municipal Government is very concerned about areas that can significantly increase GDP, such as maritime technology and marine industries. While, insufficient attention has been paid to the Legislation of the Sea. Like Shenzhen's political status, Xiamen is a "Special Economic Zone" and "Independent Planning Status". The Xiamen government enjoys legislative powers beyond that of general cities. However, due to the late start of constructing the Maritime legal system in Xiamen, there are many shortcomings: marine lack of collaboration mechanism, lack of soft power of the maritime rule of law, etc. Therefore, the Xiamen Municipal Government should first understand the importance of the legislation of the sea and then make up for the shortcomings as soon as possible. While reasonably learning from advanced international experience such as British law, we should promote the process of China's "Basic Law of the Sea" legislation and promote the progress of Xiamen's legislation of the sea to promote Xiamen's relevant laws such as sea-related dispute settlement. The establishment of service institutions enables Xiamen to actively participate in the governance of the global marine legal system, enhance the public's awareness of marine legal affairs, and cultivate specialized marine legal elites. (Independent Planning Status： Municipalities with Independent Planning Status under the National Social and Economic Development. ) Under the background of Xiamen's concentrated resources to build the world-leading maritime city, this paper analyzes the challenges faced by Xiamen's marine economic development, combined with China's national strategy. It analyzes the current situation of Xiamen from the perspective of law construction. Learn from experience with U.K. marine-related law. The feasibility of legislation in Xiamen is analyzed.
The path of law construction is put forward: ① Constructing the legal system of the maritime rule of law; ② Constructing a settlement center for maritime disputes; ③ Paying attention to the global maritime rule of law governance; ④ Enhancing the soft power of the maritime rule of law.
Legislative suggestions for local governments are put forward: ① Clarify the development orientation of the marine economy; ② Form a planning system and structural layout; ③ Establish an incentive mechanism and supporting measures; ④ Form a financial support service system; ⑤ Formulate safeguard measures for coordinated development; ⑥ Clarify the content of Taiwan cooperation and international development.
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Tidwell, Vincent C., and Victoria Pebbles. "The Water-Energy-Environment Nexus in the Great Lakes Region: The Case for Integrated Resource Planning." Energy and Environment Research 5, no. 2 (December 6, 2015): 1. http://dx.doi.org/10.5539/eer.v5n2p1.
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<p>Water is a critical element of electric power production in the U.S., particularly in the Great Lakes Basin region. Thermoelectric power generation accounts for the majority of all water withdrawals in the Basin, in large part due to the comparatively heavy concentrations of coal and nuclear power generation that utilize open-loop cooling. This paper explores how different energy generation portfolios could affect the water resources of the Great Lakes Basin. The suite of power generation scenarios analyzed reflects a range of potential outcomes resulting from the implementation of key national and regional energy and environmental policies for the electric power industry. These policies include U.S. EPA’s pending power plant cooling water intake standards, state renewable energy portfolio standards, possible climate change legislation, and the 2005 Great Lakes regional water resource agreement (Great Lakes and St. Lawrence River Basin Water Resources Compact of 2005; Public Law 110–342). Five scenarios were analyzed, resulting in different levels and intensities of total water use (withdrawal and consumption) in hydrologically-sensitive watersheds. These results confirm the close relationship between water and energy in the Great Lakes, and point to the need to take into account water resource impacts in designing future energy and environmental policies.</p>
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Marchuk, M. I. "THE PRESIDENT’S POWERS OF THE REPUBLIC OF POLAND IN RELATIONS WITH THE PARLIAMENT." Actual problems of native jurisprudence 4, no. 4 (August 2021): 13–17. http://dx.doi.org/10.15421/392173.
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The article is devoted to the research of the President’s powers of the Republic of Poland in relations with the Sejm and the Senate as the chambers of the Polish Parliament. The main approaches to defining the specific President’s powers in the Polish constitutional doctrine, the Constitution and current legislation are described. The dominant doctrinal classification of the President’s powers of the Republic of Poland in relation to the Sejm and the Senate is given; the separate parts, such as powers related to setting elections and convening the first meeting of the Sejm and the Senate; powers related to the Sejm term reduction; powers in the legislative sphere, as well as the opportunity to appeal to the Sejm the Senate or the National Assembly with a message, are highlighted due to the classification. The scientific position is argued, according to which the President’s powers of the Republic of Poland that are related to setting the elections and convening the first session of the Sejm and the Senate influence on the Polish Parliament work, but do not play a significant role, because they have a procedural (organizational and technical) character. At the same time, it is stated that, the opportunity to influence on the period, over which the parliament can carry out its activities, and the terms of its powers is undoubtedly an important power in contrast to procedural rights. It is emphasized that the scope of the President’s powers of the Republic of Poland in the legislative sphere is quite wide and includes the right of legislative initiative, the right of suspensive veto, as well as the opportunity to appeal to the Constitutional Tribunal on the approved law constitutionality. It is concluded that due to the President’s obligation on signing a law, which constitutionality to the Main Law is certified by the Constitutional Tribunal, the requirement to certify it by the head of state represents only as a political safeguard, especially in the context of total implementation of EU systemic decisions into the national legal system of Poland. The special attention is paid to the opportunity of the President of the Republic of Poland to appeal to the Sejm, the Senate or the National Assembly with a message as an effective tool for bringing his position on a particular issue within the mechanism of proper cooperation between authorities.
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Vasko, P. F., and M. R. Ibragimova. "SMALL HYDROPOWER PLANTS AS A PART OF ELECTRIC POWER INDUSTRY AND ENERGY MARKET OF UKRAINE." Alternative Energy and Ecology (ISJAEE), no. 25-30 (December 7, 2018): 73–85. http://dx.doi.org/10.15518/isjaee.2018.25-30.073-085.
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Globalization and sustainable development necessitate joint analysis of technological and environmental trends in energy development taking into account current economic and legal provisions. Based on synthesis of the current state of Ukrainian electric power system in general and hydropower in particular, there have been underscored the importance of comprehensive approach in identifying the key tasks of building the pathway of further electric power industry development. The authors provide the characteristics of today’s organizational and technological structure of the electric power system, including the legal provisions regulating its activity. As currently there are significant legislative changes, particular attention was paid to the review of electricity market. Features of the new liberalized electricity market have been determined in comparison with the current market, and also in connection with renewable energy characteristics. Thus, amendments introduced by the new Law “On electricity market” to the green tariff policy have been detailed with the regard to incentive mechanism for development of renewable energy and liability of electricity producers operating under Green Tariff for imbalances. The article focuses on the analysis of the state and growth potential of small hydropower. Еconomic incentives are systematized according to the current legislation. Also, here is presented the potential for possible growth of small hydropower, namely, quantitative result of the exploration of the technical potential of hydropower resources of small rivers. There have been identified a number of barriers and impediments to the construction of small HPPs. Environmental restrictions to the construction of small hydropower stations have been formulated according to the accurate analysis of various branches of national legislation such as the Land Code, the Water Code, the Law “On the Nature Reserve Fund of Ukraine”, etc., as well as valid ratified documents and other key soft-low instruments at the international level. Additionally, provisions of Сustoms and Tax legislation on small hydropower regarding to incentives for technology development have been defined. Consideration of small hydropower projects successfully implemented on the territory of the country confirms the possibility of the future development of small hydropower.
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Truszkowski, Bartosz Kamil. "Karcenie dzieci na ziemiach polskich. Regulacje prawne od XIX wieku do dziś." Miscellanea Historico-Iuridica 19, no. 1 (2020): 41–87. http://dx.doi.org/10.15290/mhi.2020.19.01.03.
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Until the early 19th century, the selection of educational measures by parents and guardians in relation to the children under their care, including those serving to discipline the youngest, was not usually legally restricted. A change in this issue can be observed with the emergence of family law regulations in large European civil law codifications. Each of these regulations in force on the Polish territories of the 19th century, partitioned between three neighbouring powers, clearly referred to the power to discipline a disobedient child. Such disciplining was allowed in each of them, though it was regulated differently, both in terms of defining its grounds, relations to paternal/parental authority, as well as the established restrictions and measures to protect the child. After the Second World War, in Polish legislation we can observe an increasing interference in the autonomy of parents and guardians, when disciplining disappeared from the catalogue of explicitly mentioned educational measures, until the most recent times, when corporal punishment of the youngest was explicitly prohibited in 2010. In the following article, the author attempts to review and briefly summarize the regulations on disciplining children in the basic legal acts in force in Poland since the beginning of the 19th century, going through the early 20th century and the interwar period, the times of the occupation and People's Republic of Poland, until the current legal status. In addition to the parental powers, the author examines similar provisions regarding the legal guardian.
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Senyk, Sviatoslav. "REGULATORY AND LEGAL PRINCIPLES OF CONFIDENTIAL INFORMATION CIRCULATION IN UKRAINE." Social & Legal Studios 13, no. 3 (September 29, 2021): 41–49. http://dx.doi.org/10.32518/2617-4162-2021-3-41-49.
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In modern Ukrainian legislation, there is a problem of legal regulation of the circulation of information resources, to which the state applies a special regime of restrictions. The most problematic is the legal regulation of the circulation of confidential information resources. This article is devoted to the solution of the specified problem. Based on the analysis of the results of previous research in this area, it is established that at the legal level there are no criteria on the basis of which there is a clear classification of information resources, in particular resources to which the state may impose a certain regime of restrictions. In addition, different pieces of legislation do not provide identical definitions of «confidential information» as one of the types of information with limited access. This creates conditions for the search for debatable provisions and the possibility of their ambiguous interpretation or practical application. In this regard, a number of codes and laws of Ukraine enshrine provisions on the basis of which certain information resources are classified as confidential information. Based on the results of this analysis, the authors of the article suggest: – bring the definition of «confidential information» to a single wording in all legislation; – amend the Law of Ukraine «On Information», supplementing Part 2 of Art. 21 «Information with limited access» in the words «except in cases aimed at the realization of human and civil rights and freedoms» and state it as follows: «Confidential is information about an individual, as well as information to which access is restricted by a natural or legal person, except subjects of power, except in cases aimed at the realization of human and civil rights and freedoms»; – create lists of information, which will establish the procedure for assigning certain information resources to confidential information for a particular field of activity (Ministry of Internal Affairs of Ukraine, National Police, Security Service of Ukraine, etc.), taking into account the provisions of a number of regulations of Ukraine.
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Silva, Eduardo, David Kaimowitz, Alan Bojanic, Francois Ekoko, Togu Manurung, and Iciar Pavez. "Making the Law of the Jungle: The Reform of Forest Legislation in Bolivia, Cameroon, Costa Rica, and Indonesia." Global Environmental Politics 2, no. 3 (August 2002): 63–97. http://dx.doi.org/10.1162/152638002320310536.
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In the debate over the forest, policy research organizations have concentrated on uncovering the causes of deforestation and recommending measures to develop them sustainably. This article examines the conditions under which those prescriptions find their way into public policy, specifically, into reforming forest laws. We argue that this is a political rather than technocratic process that requires knowing the principal actors, their interests, and their power resources. The combination of these factors and, therefore forest policy outcomes, varies across our cases. However, similar combinations in other cases should have comparable results. We found that actors who dominated the policy process in the early stages, such as the World Bank, lost significant ground in the later stages, in part because legislatures were an important policy-making arena and legislators had significant impact on outcomes. The latter was surprising because one tends to assume the executive branch is the principal locus of policy-making in developing countries.
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Ofiarski, Zbigniew. "Designated Income Accounts in Budgetary Units of Municipalities as a Form of Partially Decentralised Redistribution of Public Finance Resources Allocated to Educational Services in Poland." Public Governance, Administration and Finances Law Review 3, no. 2 (December 31, 2018): 58–69. http://dx.doi.org/10.53116/pgaflr.2018.2.5.
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The Act of 27 August 2009 on public finance, which has been in effect in Poland since the beginning of 2010, has changed the rules regarding the keeping of designated income accounts by a commune’s budgetary units. The Act limited the possibility to create designated income accounts within a commune budgetary units. The right to create such accounts is restricted only to budgetary units which perform educational tasks and is an exception from the principle of full budgeting, a principle meaning that a commune’s budgetary units have to transfer all their income to the commune’s budget, and all expenses of budgetary units are covered from the commune’s budgets. In case of educational services, these public tasks are performed by the commune’s budgetary units as organizational units that are most closely linked with the commune’s budget. An exception here, which is an option at the discretion of the Commune’s Council, is to create a designated income account within the commune’s budgetary unit. The aim of the paper is to analyse and evaluate relevant legislation, judicial practice of courts and regional accounting chambers, as well as the doctrine of administrative law, in particular, educational law and public finance law regarding the scope of applicability of designated income accounts for a commune’s budgetary units that perform educational tasks. The hypothesis that the financing of such expenses through a designated income account is a special form of redistribution of public financial resources in a commune was proven correct. The implementation of this form of funding is justified by the nature of public educational services and allows for more efficient management of this part of public finance. The leading method applied in the paper was the dogmatic and legal method, supported by the empirical and analytical method (in particular with regard to the judicial practice of courts and regional accounting chambers).
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Setiyani, Wiwik. "Tipologi dan Tata Kelola Resolusi Konflik Ditinjau dari Perspektif Teori Sosial Konflik." TEOSOFI: Jurnal Tasawuf dan Pemikiran Islam 6, no. 2 (December 1, 2016): 275–99. http://dx.doi.org/10.15642/teosofi.2016.6.2.275-299.
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This article seeks to analyze the typology of management along with conflict resolution in terms of their correlation to the social theory of conflict. Social conflicts can be categorized into a number of types. Based on their types the social conflicts can be divided into two parts, namely vertical conflict and horizontal conflict. The vertical conflict is a conflict that has bottom-up as well as top-to-bottom patterns. Conflict management involves every effort to avoid conflicts which are, generally, violently-biased disputes. Such efforts are founded on the basis of resolution processes employing any means of power and authority. The conflict management implies the existence of conflict interventions carried out by conflicting parties or third parties who have considerable power or resources to stabilize the conflict. Within the context of power, the conflict management is usually implemented in three forms, namely formal-legal power, traditional power, and charismatic power. The formal-legal power is power based on such legitimacy tools as law and legislation. The traditional power is power based on claim of belief, faith, and customs. The charismatic power is power based on personal abilities which deal with magical and supernatural realms.
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Fratama, Rezky Abdi. "JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA." Badamai Law Journal 5, no. 2 (October 5, 2021): 230. http://dx.doi.org/10.32801/damai.v5i2.10755.
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Apart from analyzing, this research aims to know whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality Principle. Moreover, the research aimed to analyze how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law in future. The used research method is normative legal research that focuses on exploring whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality. The second focus is to explore how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law for the future. This research uses the approach of legislation (Statute Approach), primarily Law No. 8 of 1981 on the Criminal Procedure code, along with all its implementing regulations and other relevant legislation, conceptual approach (Conceptual Approach), especially about the special pathways (Plea Bargaining), and comparative approach (Comparative Approach) specifically the arrangement of plea bargaining in other countries such as the United States, Canada, United Kingdom, France, Georgia, Poland and Italy. The research results, namely the Jalur Khusus (Plea Bargaining) concept in settlement of criminal cases, are not appropriate or contrary to the Legality Principle. The reason is the system of proof, and formal truth will be hindered. According to an article in 3 KUHAP, it is already explicitly mentioned that the judiciary is carried out in the way stipulated in the law a quo. The legal arrangement of the concept of "Jalur Khusus" in the Criminal Procedural Law for the future in accordance with the context of the criminal justice system in Indonesia. Also, following the Principle of simple justice quickly and lightly costs are clarifying the negotiating parties in a special line, things negotiated in a special line, adding regulation of stages in a special path, criminal acts that can use special channels, and the form of agreement and binding power in jalur khusus.
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Zagrajek, Krzysztof, Józef Paska, Łukasz Sosnowski, Konrad Gobosz, and Konrad Wróblewski. "Framework for the Introduction of Vehicle-to-Grid Technology into the Polish Electricity Market." Energies 14, no. 12 (June 20, 2021): 3673. http://dx.doi.org/10.3390/en14123673.
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Vehicle-to-grid (V2G) technology is one of the advanced solutions that uses electric vehicles (EV) to balance electricity demand in the power system. It can be particularly useful in analyzing and then mitigating the risk of not delivering electricity to the end user. Therefore, it is necessary to analyze the possibility of operation of this technology in the legal framework. The article presents the analysis of the legal status in Poland, referring to the documents of the European Union and domestic legislation. Potential changes in Polish energy law that could facilitate the implementation of V2G technology are also proposed. In addition, the authors suggested the principles for the use of this technology, formulating a mechanism called the V2G Program. Within this Program, the V2G Service was defined and a business model of its implementation by a participant of the V2G Program (uEV) was presented. In addition, an uEV selection algorithm is provided so that the mathematical model of the V2G Service can be validated. Based on the performed simulations, it can be concluded that the implementation of the V2G Program requires significant changes in the Polish energy law, but it is feasible from the technical point of view.
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Tymoshchuk, Viktor. "REGARDING THE IMPLEMENTATION OF THE LAW «ON ADMINISTRATIVE PROCEDURE»." Administrative law and process, no. 4(39) (2022): 34–48. http://dx.doi.org/10.17721/2227-796x.2022.4.03.
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Purpose. The purpose of the article is to highlight the latest stages of the adoption and entryinto force of the Law of Ukraine “On Administrative Procedure” (hereinafter – LAP), its keynovelties, as well as the formation of a vision regarding the main measures of implementing thePAP, approaches to solving potential conflicts between the LAP and current legislative acts.Methods, Research methods are historical, comparative and legal, as well as methods offorecasting, analysis, and generalization.Results. The law with a 23-year history of preparation was finally adopted before the full-scaleinvasion of the Russian Federation into Ukraine. The article pays attention to the practical noveltiesof the LAP, as well as a significant theoretical novel - the introduction of the construction of “publicadministration” into the Ukrainian legislation. Among the measures for the implementation ofthe LAP, the following stand out: timely normative harmonization of the current legislation onthe LAP, development of approaches to solving potential conflicts, educational and scientificcomponents. Many novels of LAP still need in-depth scientific study. This especially applies to theproblem of determining the boundaries of the sphere of public administration (taking into accountthe dynamics of social relations, the processes of delegation of public functions, privatization,etc.), the determination of the subjects of consideration of complaints in the administrativeorder (mainly affecting the issue of the subject competence of administrative bodies and the political-administrative nature of individual bodies executive power and local self-governmentbodies), revocation and invalidation of administrative acts, etc.The greatest attention in the article is paid to the problems of potential conflicts of the LAP withspecial legislation and approaches to solving these conflicts. These approaches are based on theprinciples of LAP and their priority. The following principles are of particular importance andvalue: guaranteeing a person’s right to participate in the proceedings (including the person’sright to be heard), guaranteeing effective means of legal protection, the principles of formality,reasonableness, and openness. In addition to significant conflicts, potential “technical” conflictsand ways to resolve them are also outlined.Conclusions: It is necessary to welcome the adoption of the LAP in such difficult times. This isa practical confirmation of the civilizational choice of Ukraine, our European integration. Nowthe Ukrainian state must make due efforts to implement the LAP, because its implementation willsave public resources at the next stages, simplify legal regulation for citizens, businesses, andpublic officials. It is necessary to ensure that the current legislation is brought into line with theLAP, training of public servants, further theoretical development of the problems of the generaladministrative procedure. Approaches to resolving potential conflicts should be developedseparately. And here, the principles of LAP, their correct understanding and application playa key role.
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Ostapchuk, L. G., and T. V. Kuzmenko. "MILITARY AND WAR CRIMES IN DOMESTIC AND INTERNATIONAL LEGISLATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 18–27. http://dx.doi.org/10.32755/sjcriminal.2022.01.018.
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Criminal and international legislation in terms of legal regulation of military and war crimes is analyzed in the article. Conclusions and recommendations of international organizations on the researched issue are made. The views of scholars on the distinction between the concepts of “military” and “war” crimes are considered. It is proved that there is an important difference between military and war crimes. Thus, war crimes can be committed only in conditions of an armed conflict, in turn, military criminal offenses both during armed conflict and during military service. Emphasis is placed on further harmonization of domestic legislation and the Rome Statute in order to bring the perpetrators to justice effectively. It is noted that international treaties and other acts of international law are intended to regulate international disputes between states, but from time to time it is difficult to apply them in reality to ensure that states parties to the conflict in practice. For this purpose, third parties often enter into legal relations, which contribute to the settlement of a conflict between the states and the establishment of a stable domestic foreign policy situation on the territory of each of them. It is found out that the task of international law in this case is to resolve such conflicts with the help of their organizations and institutions, to establish new “rules of the game” in the international arena. And only in this way, by involving all countries of the world in peaceful cooperation and developing an effective mechanism of cooperation, it is possible to achieve world order and peace. To this end, the scope of various conciliation commissions should be extended, and States parties to the conflict should be encouraged to settle disputes peacefully in order to preserve world resources and human lives, which, as mentioned above, are of the highest social value. Key words: military crime, war crime, armed conflict, war, international legal acts.
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Kozerska, Ewa, and Katarzyna Dziewulska. "Krajowa Rada Narodowa i Polski Komitet Wyzwolenia Narodowego w państwie prawa. Stanowiska doktryny." Studia Iuridica Lublinensia 30, no. 1 (March 31, 2021): 121. http://dx.doi.org/10.17951/sil.2021.30.1.121-144.
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<p>The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the political and legal status of the people’s authorities. This is all the more so because the system of unified power and sources of law created at that time was evidence of building a totalitarian state modelled on the Soviet Union. The events and legal behaviours of that time led to numerous, often radical changes in many areas of private and public life. They caused certain social and material effects, difficult to reverse today, which Polish society still faces. Therefore, modern standards of the rule of law require that public authorities undertake comprehensive and effective activity. They require that the principles of just and fair compensation for material damage and compensation for moral losses resulting from the rule of this system be implemented. This seems all the more important because some regulations of the people’s power, especially those concerning changes in the ownership structure, are still in force and form the basis of court and Constitutional Tribunal decisions.</p>
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Rahim, Rohani Abdul, Muhammad Afiq Ahmad Tajuddin, Rovina Intung, Azizah Landa, and Herlina Makanah. "Foreign Migrants Trespassing in Sabah Forest Reserves: A Legal Discourse." Sriwijaya Law Review 5, no. 1 (January 31, 2021): 101. http://dx.doi.org/10.28946/slrev.vol5.iss1.977.pp101-115.
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According to Sabah Forestry Enactment 1968, Yang di-Pertua Negeri Sabah is given the power to reserves forests for various purposes including commercial, protection, domestic and others. Sabah Forestry Department is entrusted with proper and efficient planning, and implementation of State forest resources management (SFM) to comply with the sustainable forest principles. It achieves to manage forest resources towards sustainable and profitable forest governance. However, Sabah forest reserves were threatened by illegal trespassing by foreign migrants to possess forest produce unlawfully and to occupy State land illegally. This article aims to expose the causes of the invasion of forest reserves by foreign migrants, the offences committed by foreign migrant activities in the forest reserves, violation of specific legislation such as the Immigration Act 1959/63 and the Forest Enactment 1968. The qualitative legal research methodology was used to understand the issues at hand, the existing applicable laws and the legal implications for such illegal activities in these forest reserves. Secondary data found in the legislation, journals, annual report, and law publication were collected, reviewed, analysed, and discussed to understand its legal implications better. Thus, efforts to expose these illegal activities by foreign migrants is essential to ensure Sabah Forest Reserves can continuously be maintained and not destroyed at the hand of illegal foreign trespassers. Employers should also be made responsible for their involvement in trafficked or smuggled illegal migrants as workers and simultaneously, conduct illegal activities to deceit the State Forestry efforts and developmental planning in Sabah.
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Kireitseva, O. V., and O. V. Zhylin. "Foreign regulation experience of the agricultural land market." Bioeconomics and Agrarian Business 11, no. 3 (March 3, 2021): 37–45. http://dx.doi.org/10.31548/bioeconomy2020.03.037.
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The article examines theoretical formation foundations of functioning system of the agricultural land market in foreign countries. It is analyzed basic and special parameters of the legislative framework on land, protection of rights and opportunities of land owners, purchase and sale procedures in the context of land relations. It has been determined that the success of land reforms and the effectiveness of implementation and functioning of the land market depend on the level of their scientific substantiation, state regulation and measures to coordinate interests of its participants. Land relations are governed by norms of civil, administrative law, or by special laws dedicated to certain types of land relations, as well as laws on agrarian and land reforms in foreign countries. Such key aspects of public regulation are considered in: the taxation system, the credit and financial mechanism, antimonopoly policy, special targeted programs. There is various level of centralization and decentralization of land management, representative bodies of territorial communities that have different powers to regulate land use, organizational and legal forms of land use and forms of ownership of land resources that are not the same in countries with different socio-political systems. It has been determined that the legal regulation of land potential should contain effective aspects of the practical application of norms in real context. That is not only the normative existence of functioning rules, but also the practical aspect of ensuring the implementation of the state's land potential through local authorities within the land areas. This issue can be analyzed by the experience of foreign countries, such as the USA, Germany, France, Italy, Poland, Cyprus, Israel.
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.