Pour voir les autres types de publications sur ce sujet consultez le lien suivant : Commercial law – Poland.
Articles de revues sur le sujet « Commercial law – Poland »
Créez une référence correcte selon les styles APA, MLA, Chicago, Harvard et plusieurs autres
Consultez les 50 meilleurs articles de revues pour votre recherche sur le sujet « Commercial law – Poland ».
À côté de chaque source dans la liste de références il y a un bouton « Ajouter à la bibliographie ». Cliquez sur ce bouton, et nous générerons automatiquement la référence bibliographique pour la source choisie selon votre style de citation préféré : APA, MLA, Harvard, Vancouver, Chicago, etc.
Vous pouvez aussi télécharger le texte intégral de la publication scolaire au format pdf et consulter son résumé en ligne lorsque ces informations sont inclues dans les métadonnées.
Parcourez les articles de revues sur diverses disciplines et organisez correctement votre bibliographie.
1
Moskwa, Leopold. « Commercial law in Poland : Partnerships ». Pravovedenie 65, no 1 (2021) : 76–105. http://dx.doi.org/10.21638/spbu25.2021.105.
Texte intégralRésumé :
Commercial law has lost its status as a branch of law separate from civil law and currently forms only a specialised part of it. The key criterion for distinguishing commercial law is the entrepreneur in the sense that commercial law is “the private law of entrepreneurs”. Due to their key importance on the market, commercial law companies occupy a special place among entrepreneurs and therefore there are attempts to make these forms of business activity as attractive as possible. The same applies to partnerships. Therefore, the following legislative efforts should be noted. Owing to the introduction of the Commercial Companies Code in 2001, partnerships gained legal capacity, but were not equipped with legal personality, and continued to be considered “imperfect” legal persons. Consequently, although they may acquire rights and incur liabilities, unlike legal persons, they are tax “transparent”, which means that they are not subject to income tax. The adoption of the principle of subsidiary liability of partners for the obligations of a partnership has become an important step and it strengthens the position of partners. This means that the creditor of a partnership may only conduct enforcement from the partners’ assets when the enforcement against the partnership’s assets proves ineffective. As a result, as long as the claims of the partnership’s creditors can be satisfied from the partnership’s assets, the partners are not in danger of being held liable for the partnership’s obligations. The introduction of two new types of partnerships into the Polish legal system, namely the professional partnership and a limited joint-stock partnership is of great importance. The former is intended only for professionals and regulates the liability of a partner for the company’s obligations in a very favourable manner. The partner is liable in a limited manner, i. e., solely for malpractice committed by himself or by persons under his supervision. In turn, a limited joint-stock partnership was introduced to protect entrepreneurs (general partners in spe) who intend to recapitalise on the enterprise which usually has an established position on the market, by issuing shares, without exposing themselves to the danger of the so-called hostile takeover.
2
Sikorska-Lewandowska, Aleksandra. « New Group of Companies Law in Poland ». European Company Law 19, Issue 6 (1 décembre 2022) : 156–59. http://dx.doi.org/10.54648/eucl2022025.
Texte intégralRésumé :
On 13 October 2022, a broad amendment to the Polish Commercial Companies Code (KSH) entered into force. Under this amendment, the term ‘group of companies’ covers a controlling company and a subsidiary company or companies that are capital companies, following the resolution on participation in the group by a qualified majority of ¾ of the votes of the shareholders’ meeting of the subsidiary company. His means that the will of the companies participating in the group decides whether to apply this new regulation: it does not work ex lege, but ex contractu. binding instructions by a controlling company, groups of companies, interest of a group of companies and interest of a subsidiary company
3
Cudowska, Maria. « Linguistic Challenges to International Commercial Arbitration in Poland ». Studies in Logic, Grammar and Rhetoric 62, no 1 (1 juin 2020) : 229–44. http://dx.doi.org/10.2478/slgr-2020-0021.
Texte intégralRésumé :
Abstract In the realm of Polish law, arbitration is anything but a new concept. In an ever-developing economy, arbitration has become a useful tool in resolving disputes that are commercial in nature. The issue pertinent to the choice of language in an arbitral proceeding has been thoroughly investigated in the doctrine of international arbitration, yet the conclusions are not set in stone and are likely to change and evolve over time. As evidenced by the technological revolution, introduction of mechanical translations, and artificial intelligence (“AI”) it may seem that the challenges will be difficult to predict. Alternatively, the status quo of the English language as the number one language in the arbitral proceedings will remain. The parties can easily dismiss the linguistic and interpretative problems surrounding arbitration agreements. Thus, this article endeavors to consider the possible implications of a case scenario, wherein a party would attempt to arbitrate an international dispute with a Polish party on the basis of a contract that would be in a language that differs from Polish. Additionally, attention is drawn to the role of witnesses in an arbitration proceeding as such witnesses may speak languages that are the same, similar, or entirely different to the language spoken by the parties involved in the arbitration, as well as differ from the primary language of the arbiters. This article examines the aforementioned hypothetical case-scenario with the emphasis on relevant Polish acts of law. The research presented in this article is also focused on the examination of regulations vested in the statute of the most prominent Arbitration Court in Poland, and its provisions pertinent to language.
4
Kovalyshyn, O. R. « Legal Borrowings in the Commercial Law of Poland : experience for Ukraine ». State and Regions. Series : Law 4 (2019) : 47–51. http://dx.doi.org/10.32840/1813-338x-2019-4-8.
Texte intégral
5
Wiącek, Marcin. « Legal Position of Administrative Courts in Poland ». International Community Law Review 23, no 5 (10 novembre 2021) : 526–39. http://dx.doi.org/10.1163/18719732-23050007.
Texte intégralRésumé :
Abstract The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.
6
Szurski, Tadeusz. « Introducing the UNCITRAL Model Law to Poland Some Remarks on the Polish Law on International Commercial Arbitration ». Journal of International Arbitration 18, Issue 2 (1 avril 2001) : 227–38. http://dx.doi.org/10.54648/336069.
Texte intégral
7
Ochmann, Paweł. « Wybrane regulacje Kodeksu spółek handlowych w świetle konstytucyjnego modelu ochrony własności ». Studia Prawa Publicznego, no 2(26) (15 juin 2019) : 115–36. http://dx.doi.org/10.14746/spp.2019.2.26.5.
Texte intégralRésumé :
The article confronts specific solutions adopted in the Code of Commercial Compa-nies and Partnerships with the patterns of the constitutional control of law resulting from the Constitution of the Republic of Poland in the form of the right of ownership. Its aim is to answer the question whether the constitutionality of commercial law institutions should be assessed autonomously, taking into account the specificity of commercial companies law. The author puts forward a thesis that just as there is a principle of autonomy of commercial law within the principle of unity of civil law, within the framework of constitutional law, the regulations of law and commerce also have autonomy which influences the process of assessing the conformity of particular subjects of control with the models defined in the Constitution of the Republic of Poland. As one of the specific elements of commercial law in relationto the Constitution, the necessity of weighing the opposing interests of the same good, i.e. the right to ownership is pointed out. The paper discusses in detail the institution of forced buyout (squeeze-out) in the context of the judgment of the Con-stitutional Tribunal (Case No. P 25/02). The issue of legitimacy to appeal against the resolution of the General Shareholders Meeting of a company from the point of view of the right of ownership is also discussed. In the author’s opinion, the right to appeal against the resolution, which prima facie at the constitutional law level could be associated with the constitutional right to a court, takes the form of a corporate right of a shareholder resulting from a constitutional right of ownership, of which a share is one of the forms. Therefore, it has a derivative character. The considerations contained in the text lead to the recognition of the admissibility of an autonomous interpretation of company law regulations when assessing their compliance with the Constitution. When assessing constitutionality, the legal char-acter and specificity of the subject of control should be taken into account.
8
Gałędek, Michał. « Remarks on the Methodology of Comparative Legal Research in the Context of the History of Law in Poland ». Acta Universitatis Lodziensis. Folia Iuridica 99 (30 juin 2022) : 65–81. http://dx.doi.org/10.18778/0208-6069.99.05.
Texte intégralRésumé :
Is there anything outstanding about the history of law in Poland? Is it particularly conducive to comparative research? In my attempt to answer these questions, I focussed on presenting two distinct comparative law methods: historical legal comparison and comparative legal history.
The paper is divided into two parts. The first part elaborates on the characteristics of the respective methods and on the challenges of comparative legal history in a temporally diachronic perspective and why they are not so pronounced in historical legal comparison. In this part, I tried to document the claim that the existence of a comparative platform of similarities is a condition to obtain more reliable and better-documented results of comparative research.
In the second part, I focussed on three cases visualising the possibilities for comparative legal research on the history of law in Poland. Regarding the pre-partition times, I analysed the comparative possibilities related to an analysis of the impact of the Roman law on the Old Polish legal culture. The other two examples concerned the history of law in post-partition Poland. First, I explored the potential triggered by the adoption of foreign laws in Poland in terms of comparative research. I used French commercial law to exemplify the problem. Then, I undertook to show the dormant potential of the particular situation of Poland divided into different legal areas for the development of the country’s own codes of law.
9
FRAŃCZUK, MAGDALENA. « CODES OF BANKING ETHICS AND BANKING SOFT LAW IN POLAND ». Journal of Vasyl Stefanyk Precarpathian National University 6, no 2 (20 juin 2019) : 49–54. http://dx.doi.org/10.15330/jpnu.6.2.49-54.
Texte intégralRésumé :
Codes of banking ethics are increasingly common, but practice shows that they are not of major importance to bank customers. In the article it is assumed that the codes do not fulfill their functions, including the function of protecting the consumer against fraudulent practices and abuse of the dominant position of the bank in relation to the retail client. The codes contain norms specifying the most important general clauses that are used in banking law, in particular the clause of good morals and commercial honesty. In order to comply with the principles of good practice and banking ethics, it is necessary to “stiffen” the standards of soft law which are so important that they should be clearly sanctioned. To achieve it, it is necessary to introduce to the banking soft law the information that in the case of dispute with the bank a consumer may also refer to a breach of self-regulations.
10
Etel, Maciej. « Acquisition and Loss of the Public Law Status of Entrepreneur – Interpretation Problems of Public Commercial Law in Poland ». Studies in Logic, Grammar and Rhetoric 33, no 1 (1 août 2013) : 127–38. http://dx.doi.org/10.2478/slgr-2013-0018.
Texte intégralRésumé :
Abstract The obligation of the legalization of entrepreneurial activity from Article 14 of The Act of July 2, 2004 on the freedom of entrepreneurial activity caused deliberations regarding constitutive or declarative character of the legalization entry and as a result, created a problem with indication of the moment when the public law status of an entrepreneur is acquired (or respectively - lost). The answer to the question whether Central Register and Information of Entrepreneurial Activity or the register of entrepreneurs of the National Court Register have also the creation function incites many controversies and is subject to discussions, in the process of which two main standpoints were formed. It is also important to note that the resolution of the discussed issue not only holds scientific value, but above all, it has significant importance in practice. Therefore, it is necessary and even essential. Furthermore, it is typical for this issue that concerns related thereto and arguments raised during the discussion have their basis in the legislation in force and in fact, encapsulate the favoured path of its interpretation.
11
Dziembowska, Maria. « Corporate governance in post-socialist Poland ». Corporate Ownership and Control 3, no 4 (2006) : 44–51. http://dx.doi.org/10.22495/cocv3i4p13.
Texte intégralRésumé :
In this paper, I focus specifically on how changes in the legal framework shape the ownership and control structure of new and recently privatized companies in the emerging market economy of post-socialist Poland. I discuss the market for capital, which also depends on the legal system, as investors’ decision to invest is bound up with the sort of protection they are likely to receive against those who appropriate their money for the operations of the firm. I argue that governmental actions aimed at stimulating investment and economic development in post-socialist Poland and the emergent model of corporate governance is conditioned both by internal dynamics - such as previous corporate arrangements and the origins of the commercial law - and by external factors - such as EU accession, directives and policies regarding investment obligations and shareholder rights.
12
Kułak, Krzysztof. « Skazane na zapomnienie — prawo handlowe w PRL ». Studia nad Autorytaryzmem i Totalitaryzmem 43, no 3 (19 décembre 2021) : 73–87. http://dx.doi.org/10.19195/2300-7249.43.3.6.
Texte intégralRésumé :
The post-war history of Polish commercial law is not a frequent subject of interest in the literature. Historical reflection is usually limited to indicating that the civil code entering into force on 1 January 1965 and, on the same day, the repeal of the pre-war commercial code from 1934 formally ended the era of Polish private law’s duality — the coexistence of two equal branches of law: civil law, regulating common relations, and commercial law, regulating economic relations. However, it was the last symbolic chord in the history of commercial law during the communist period. In fact, it had been extinguished several years earlier and replaced by a socialist substitute in the form of economic law, intended to regulate the centrally planned, socialist trading, in which there was no space for individual economic activity. The article discusses the mechanism of dismantling commercial law in the political and economical order of the totalitarian state, which Poland became after the Second World War. This mechanism was implemented not on the normative level, by repealing the norms of commercial law, but on the factual one, by eliminating — through administrative, fiscal, and penal pressure methods — addressees of commercial law (already existing and potential entrepreneurs) and taking them away, e.g. by nationalizing the most essential components of their enterprises. In this way, the necessary (personal and property) background of commercial law was destroyed, making its norms irrelevant. Thus, commercial law was condemned to a dozen or so years of non-existence and oblivion before the legislator decided to make a formal decision, which was to repeal most provisions of the commercial code. Only those regulations remained in force that were needed by the communist authorities, e.g. to conduct foreign trade. The effects of several-decades-long systemic non-existence of commercial law are still noticeable today. Despite the systemic transformation in 1989 and the return of the Polish economy to free market rules, Polish commercial law — relegated to the role of a specialized discipline of civil law and formally distinguished only for research and teaching activities — has not yet regained its rank as an independent branch of private law.
13
Mik, Cezary, et Ewa Wojtaszek-Mik. « ZWALCZANIE OPÓŹNIEŃ W PŁATNOŚCIACH W TRANSAKCJACH HANDLOWYCH W ŚWIETLE DYREKTYWY 2000/35/WE I PRAWA POLSKIEGO ». Zeszyty Prawnicze 3, no 2 (10 mai 2017) : 211. http://dx.doi.org/10.21697/zp.2003.3.2.10.
Texte intégralRésumé :
Combating Late Payment in Commercial Transactions in the Light of the Directive 2000/35/EC and in the Polish LawSummaryThe European Community has recognized late payments as one of important obstacles to a good functioning of the internal market. The preparatory works of the EC in this field prove that a long way has been come from the European Parliament’s initiative to the directive 2000/35/E C of the European Parliament and the Council dated 29 June 2000 on combating late payment in commercial transactions. A rather limited scope of the directive is a result of extensive modifications introduced by the Council to the initial proposals. The directive concentrates on the interests in case of late payment, reasonable compensation for recovery costs, retention of title and recovery procedures for unchallenged claims. The above study presents the substance of the directive and its transposition rules.The first attempt to implement the EC directive in Poland was the law of 6 September 2001. As it was not satisfactory, a new law on payment terms in commercial transactions was issued on 12 June 2003. It will enter into force on 1 January 2004. This new law is limited to interests and procedural aspects. The above study presents the results of the directive’s transposition within this law. The act of law from 2003 certainly sets new limits on the freedom of contracts, but it is an interesting and rare example of a protection of weaker parts to the contract, which are not consumers, but enterprises. W hat should be reproached is that a typical civil matter is regulated in an act of law separate from the Polish Civil Code. A breach of the rule of the integrity of the Polish Civil Code is again a price for the fast implementation of the EC law in Poland.
14
Saran, JSRG, et Jagadish Rao Padubidri. « New laws ban commercial surrogacy in India ». Medico-Legal Journal 88, no 3 (27 mars 2020) : 148–50. http://dx.doi.org/10.1177/0025817219891881.
Texte intégralRésumé :
Surrogacy is a controversial issue and most particularly when well-known celebrities have used it. It is a boon for couples where normal pregnancy is not possible but can be used for commercial exploitation. The Government of India passed a law on surrogacy in December 2018, which introduced many changes to the pre-existing rules, in particular, it bans commercial surrogacy and curtails the freedom of foreigners to apply for surrogacy in India. This has dealt a major blow to the agencies who organised surrogacy for foreigners. A key reason for passing this law was the unjust treatment of the women who provided surrogacy services. They had poor living conditions and often failed to receive the money that was paid by the intended parents to the agency. 2 There are some countries where commercial surrogacy is legal, including some states in the United States of America, Poland, Russia and many others. 3 Some surrogate mothers suffer complications from the assisted reproductive technologies used; these mainly include ectopic pregnancy, psychological stress and ovarian hyper stimulation syndrome. 4 Same sex couples, single parents and even infertile women should be encouraged to adopt children.
15
Trippner, Paweł. « Determinants of pension capital management in Poland ». Investment Management and Financial Innovations 17, no 4 (11 décembre 2020) : 315–26. http://dx.doi.org/10.21511/imfi.17(4).2020.27.
Texte intégralRésumé :
The pension system’s construction is an important element of the public finance system and the state budget policy. It is a relevant and important topic from the perspective of the level of cash benefits for future retirees after they finish their professional careers.The aim of the paper is to present and analyze the evolution of solutions in the construction of the pension system in Poland since its first reform in 1999. The paper analyzes various options of investing for future pensions allowed by law in Poland. Simulations of the levels of future pension benefits are based on different variations, including membership or non-membership in an Employee Capital Plan and membership or non-membership in an Individual Retirement Account after the liquidation of Open Pension Funds.According to the calculations, the future pensioner can count on the total payment from the commercial pillars, assuming the average life expectancy in Poland is reached: PLN 230,100 (Option I), PLN 346,698 (Option II), PLN 187,643 (Option III), and PLN 304,240 (Option IV), respectively.It is an emphasized fact that ensuring the living standard’s expected level after reaching retirement age is strictly dependent on voluntary investments for future benefits during professional activity.
16
Gwoździewicz, Sylwia, et Dariusz Prokopowicz. « THE NORMATIVE ROLE OF THE CENTRAL BANK ON THE MONEY MARKET IN POLAND ». International Journal of Legal Studies ( IJOLS ) 2, no 2 (29 décembre 2017) : 189–206. http://dx.doi.org/10.5604/01.3001.0012.2250.
Texte intégralRésumé :
The financial market in Poland consists of institutions and rules of market trading regulated by legal norms defined by financial law regulations. The main element of the banking sector in Poland is the banking system. It was structured in 1989 in a two-tier structure with a division into central and commercial banking modelled after the western banking model. The central bank is the main institution of the banking market and indirectly also of the entire financial market. It regulates the amount of money in the national economy using monetary policy instruments. These instruments include the impact on interest rates on the banking market, open market operations, lending and deposit operations and the shape of the reserve requirement of commercial banks. The application and functioning of these monetary policy instruments is strictly regulated by law. Despite the fact that the financial market, like other markets, is built according to the classic model of the market mechanism, in which two sides of the market interact, i.e. demand and supply, and the subject of trading is money in cash or contained in various financial instruments, this market is a particularly institutionalized and regulated market.
17
Prokopowicz, Dariusz. « THE PROCESSES OF CONSOLIDATION AND CONCENTRATION OF CAPITALAS IMPORTANT DETERMINANTS OF ECONOMIC GLOBALIZATION PROCESSES AFFECTING THE ECONOMIC DEVELOPMENT OF THE BANKING SYSTEM IN POLAND ». International Journal of Legal Studies ( IJOLS ) 4, no 2 (30 décembre 2018) : 217–44. http://dx.doi.org/10.5604/01.3001.0013.0017.
Texte intégralRésumé :
The systemic transformation and socio-economic, which was initiated in Poland since 1989, are related with the intensified globalization processes that take place in various economic and social spheres of economy, including banking. Financial institutions as well as commercial banks are the entities which are not only subjects to theglobalization processes, they co-create these processes. The key attributes of globalization include deregulation processes, digitalization and internationalization, ie. global determinants, which were correlated with the adaptation of the financial system functioning in Poland to the European Union standards. To adjust internal procedures, product offerings and techniques of ICT operating in Poland banking to EU standards one has to consider the processes of consolidation and concentration of capital. These processes are applied in the commercial dimension of the financial system, including the banking sector since the mid-90s. Financial systemthat currently exists in Poland and includes the banking sector is among the best adapted to the EU standards. It is simultaneously one of the most globalized sectors of the economy. The key date for this issue concerns the year 2004, when Poland entered the European Union market structures. Currently, it is assumed that the process of globalization of financial markets and the banking system in Poland, apart from the consolidation processes and adjustments has been determined by such factors as administrative and supervisory goals of the central banking and supervisory bodies in the financial system and adjusting banking norms of law to the standards of Western highly developed countries.
18
Bełdowski, Jarosław, Łukasz Dąbroś et Wiktor Wojciechowski. « Judges and court performance : a case study of district commercial courts in Poland ». European Journal of Law and Economics 50, no 1 (19 mai 2020) : 171–201. http://dx.doi.org/10.1007/s10657-020-09656-4.
Texte intégral
19
GAJDA, SZYMON. « Performing innovative business activity in sport in the Polish regulatory system ». Baltic Journal of Health and Physical Activity 12, Special Issue 1 (30 novembre 2020) : 104–11. http://dx.doi.org/10.29359/bjhpa.12.spec.iss1.12.
Texte intégralRésumé :
Innovation is widely recognized as necessary feature of progress in various areas of economy. It has also been supported by the EU and its Member States, including Poland. However, in the sport industry it has been visibly less exploited so far to achieve a market value. Literature quoted, hard and soft law documents legal analysis have been analyzed. Results: Although there are many existing examples of innovation provided by sport entrepreneurs, the regulatory system, by unclear regulations related to the most profitable kinds of innovation in sport, does not provide them equal stimulus as in other trade sectors. This study shows lack of sufficient regulatory support to innovation in sport commercial activity in Poland.
20
Piech, Karolina. « Legalność religijnego uboju zwierząt w polskim porządku prawnym na tle norm prawa unijnego ». Przegląd europejski 1 (5 octobre 2019) : 117–31. http://dx.doi.org/10.5604/01.3001.0013.5177.
Texte intégralRésumé :
The article raises the issue of the constitutionality of the ritual slaughter in the Polish legal system. The author compared together the issue of freedom of religion and the legal protection of animals in the Republic of Poland. The first of the issues is the rule of freedom of conscience and religion in national law and EU law. Next, the author presented some of the regulations introduced by the act on protection of animals of 1997 and the position of the Polish Constitutional Court, and compares them with the legal norms of the European Union. An article was ended by remarks called as de lege ferenda; the author pays attention on the problems of commercial ritual slaughter and inconsistency of Polish law with the EU law.
21
Androshchuk, Hennadii, et Oleksandr Doroshenko. « Codification of industrial property law of Poland : analysis of the main provisions of the new draft law ». Theory and Practice of Intellectual Property, no 4 (19 octobre 2022) : 89–99. http://dx.doi.org/10.33731/42022.265867.
Texte intégralRésumé :
Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law
The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.
22
Guzik-Makaruk, Ewa M., et Piotr Fiedorczyk. « The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence ». Internal Security Special Issue (14 janvier 2019) : 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.
Texte intégralRésumé :
Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.
23
Prandecki, Konrad, et Wioletta Wrzaszcz. « Challenges for agriculture in Poland resulting from the implementation of the strategic objectives of the European Green Deal ». Ekonomia i Środowisko - Economics and Environment 83, no 4 (12 janvier 2023) : 149–78. http://dx.doi.org/10.34659/eis.2022.83.4.534.
Texte intégralRésumé :
The aim of the paper is to indicate the most important challenges for agriculture in Poland in the context of the implementation of the European Green Deal and the Polish Strategic Plan for the Common Agricultural Policy for the years 2023-2027. The primary tool used in the study was a comparative analysis of legal EU and Polish documents. This comparison was supplemented by an analysis of statistical data on agriculture in Poland, mainly covering 2005-2020, obtained from the Agricultural Census 2020, Statistics Poland, the National Centre for Emissions Management, the Agricultural and Food Commercial Quality Inspection and the European Medicines Agency. The results show that the Polish national targets for 2030 are significantly lower than the European ones but have been set, taking into account the feasibility of their implementation, which means that meeting each of the primary national targets in the agricultural sector will be very challenging.
24
Miłosz, Agnieszka. « Selected Aspects of the Functioning of Public Transport in Poland in the Light of Legal Conditions ». Transport Economics and Logistics 84 (19 novembre 2019) : 79–90. http://dx.doi.org/10.26881/etil.2019.84.07.
Texte intégralRésumé :
The article presents basic assumptions related to the organization and functioning of the public transport market. The specificity of the market results in a higher degree of formalization of operating principles than commercial markets. Services of general interest of public transport result from the obligation to meet the needs of local communities related to shipments. Three basic entities: organizers, operators and carriers are responsible for the organization and functioning of the public transport market. The rights and obligations of these entities are governed by both national and EU law.
25
Budkowski, Szczepan. « Regulations for unmanned aerial vehicle flights in Poland and other European countries – an analysis of the applicable law ». Geomatics, Landmanagement and Landscape 2 (2022) : 27–36. http://dx.doi.org/10.15576/gll/2022.2.27.
Texte intégralRésumé :
In Poland, a growing interest in unmanned aerial vehicles has been observed in successive years. First and foremost, the development trend concerns operations with the use of un- manned aerial vehicles – i.e. drones – employed for sport, recreational, and commercial pur- poses. The aim of the present study is to familiarize the users of drones with the most impor- tant issues related to the various regulations and responsibility for their flights in Poland and other European countries. Unmanned aerial vehicles expand the spatial range in which re- search can be conducted. The work uses the method of critical analysis and case analysis based on legislative changes in Polish and European law. The research subject addressed the char- acteristics of the pertinent aviation law regulations, including those applicable to unmanned aerial vehicles. In this context, a study of regulations in European countries was also conduct- ed, indicating the differences between individual countries. The article is a kind of resume of legislative regulations in force in Europe in the context of unmanned aerial vehicles. Extensive legal systems require the pilot of unmanned aerial vehicles to have professional knowledge required to carry out drone missions safely. The conducted analysis of the rules of UAV flights in various countries allows for the conclusion that the introduced changes, aimed at unifying the regulations across all European Union countries, are highly justified. Compared to some other European Union countries, in Poland the implementation of EU regulations in this re- spect is at an advanced stage.
26
Łobos-Kotowska, Dorota. « Nabywanie udziałów i akcji przez cudzoziemców w spółkach będących właścicielami nieruchomości rolnych ». Przegląd Prawa Rolnego, no 1(22) (1 juin 2018) : 27–39. http://dx.doi.org/10.14746/ppr.2018.22.1.2.
Texte intégralRésumé :
The subject of this article is restrictions on the acquisition by foreigners of shares in companies that are owners (perpetual usufructuaries) of agricultural real estate under the Polish legal system. Poland, similarly to some other EU Member States, has restricted the freedom to trade in real estate and introduced control over this trade through the use of instruments from the private as well as public law sphere. The degree of interference by the Polish legislator in trading in shares of commercial companies has been assessed basing on the Act on the acquisition of real estate by foreigners and the Act on the shaping of the agricultural system.
27
Łojek, Paweł. « THE ATTRACTIVENESS OF A SIMPLE JOINT-STOCK COMPANY COMPARED TO OTHER CAPITAL COMPANIES IN POLAND ». Zeszyty Naukowe Wyższej Szkoły Humanitas Zarządzanie 22, no 3 (30 septembre 2021) : 159–72. http://dx.doi.org/10.5604/01.3001.0015.4264.
Texte intégralRésumé :
The aim of the article is to present a new form of business activity which is P.S.A. (Prosta Spółka Akcyjna). The provisions of the Commercial Companies Code, provisions of the balance sheet and tax law as well as the author’s professional experience were used for the analysis. Research results: A simple joint-stock company may be a competitive form of running a business in relation to a limited liability company. The discussed provisions constitute a great opportunity for a simple joint-stock company and a likely high percentage of establishing this type of business activity. The SWOT analysis was used as the research method. Contribution to the development of the discipline: review of the current legal regulations in Poland, comparison of forms of business activity and analysis of the strengths and weaknesses of a simple joint-stock company.
28
Dębińska, Ewa, et Joanna A. Pałubska. « Influence of the Central City on the Location of Commercial Buildings in the Agglomeration. The Example of Krakow, Poland ». Journal of Applied Engineering Sciences 11, no 1 (1 mai 2021) : 17–22. http://dx.doi.org/10.2478/jaes-2021-0003.
Texte intégralRésumé :
Abstract Shaping the spatial policy belongs to the tasks of the local commune governments, which through the acts of local law in the form of local spatial development plans establish rules of land development for specific purposes. Analyzing properties which are not significantly diversified in terms of location, because they belong to the same area of the “local market”, it can be concluded that linking land properties with the functions they can perform and with their development possibilities is the most significant attribute which shapes the level of land value. Suburbanization processes influence the decisions of communes located in the immediate vicinity of urban agglomerations as to the directions of allocating land for specific purposes, especially in the areas within the city’s range of influence. The subject of the research is real estates with commercial, service and industrial functions located in the district of Krakow, within the boundaries of communes directly adjacent to Krakow. The aim of the works is to analyze the links between the location of areas designated for commercial development and the location of main communication routes and the distance from the city borders.
29
Oleksy, Kacper. « Uzasadnianie kryminalizacji na wybranych przykładach przepisów pozakodeksowego prawa karnego sensu largo ». Studia Iuridica 69 (11 septembre 2017) : 99–114. http://dx.doi.org/10.5604/01.3001.0010.4193.
Texte intégralRésumé :
The axiological fundaments of criminalisation of certain human behaviours are set out in the Constitution of the Republic of Poland. Their application is problematic, especially in the case of crimes and petty offences regulated outside of the Criminal Code and the Code of Petty Offences. The analysis of the examples of such criminal offences, touching in particular the commercial activity, brings to the conclusion that the prinicples of criminalisation used by the Polish legislative power are unclear. The parliament does not provide the courts and administration with any motives of its decisions, which may hinder the proper application of law. Such situation encourages the jurisprudence to propose different procedural schemes for the decision on criminalisation.
30
Saczywko, Maksymilian. « Uchwały zarządu i rady nadzorczej spółki akcyjnej w procedurze podwyższenia kapitału zakładowego w granicach kapitału docelowego ». Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza, no 1 (4 septembre 2018) : 77–93. http://dx.doi.org/10.14746/ppuam.2012.1.06.
Texte intégralRésumé :
The paper focuses on resolutions adopted by the management board and the supervisory board of a joint-stock company to increase the share capital of a public limited company within its authorised capital. The author outlines the origin and nature of the authorised capital, the content and form of the abovementioned resolutions, their legal nature and different types of possible defects in them. Challenging defective resolutions is particularly important in practice. That matter is not regulated explicitly in Polish law. The possible solutions available under Italian and Spanish regulations that are presented indicate that the challenging of defective resolutions of the management board and the supervisory board in capital commercial companies, particularly those adopted in connection with authorised capital, should also be regulated in Poland.
31
Gradziuk, Piotr, Barbara Gradziuk et Anna Us. « PV POWER PLANTS SECTOR – INVESTMENT COSTS TRENDS ». Annals of the Polish Association of Agricultural and Agribusiness Economists XX, no 1 (4 avril 2018) : 44–49. http://dx.doi.org/10.5604/01.3001.0011.7227.
Texte intégralRésumé :
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.
32
Sadowska, Monika, et Artur Wdowiak. « Partnership as a legal form of exercising the profession of midwife ». Pielegniarstwo XXI wieku / Nursing in the 21st Century 16, no 4 (1 décembre 2017) : 24–30. http://dx.doi.org/10.1515/pielxxiw-2017-0030.
Texte intégralRésumé :
Abstract Introduction. The profession of midwife belongs to the medical ones. In the Polish legal system, the definition it is not of a legislative nature. It refers to liberal professions associated with practical medical knowledge. However, the profession of midwife has also been included in the catalog of liberal professions under the commercial law, and the legislature allows the practice of midwife in the form of a partnership. Nevertheless, the majority of midwives working in Poland is employed on the basis of an employment relationship and a civil law agreement, while exercising practice in the form of partnership is not a frequent choice. Aim. The purpose of this article is to profile the midwife partnership, including the approximation of its essence and purpose, as well as the rights and obligations of the partner, and discussion of the terms and conditions of the company's medical business. Summary. Compared to other commercial companies, a limited liability partnership company is an attractive legal form for exercising the profession of midwife, primarily because of the partner's liability for the company's obligations. At the same time, the midwife partnership company, by combining both a reduction of personal responsibility, transparent representation with the use of possibility of appointing a board, and the possibility of accumulating financial and intellectual capital, meets the demands of the free services market and growing competition, thereby fostering service quality.
33
Moszyńska, Anna. « Simplifications in Establishing and Running a Business in Poland – Critical Analysis of Regulation form 2008-2012 ». Oeconomia Copernicana 4, no 1 (31 mars 2013) : 101–15. http://dx.doi.org/10.12775/oec.2013.007.
Texte intégralRésumé :
The aim of this article is an analysis of legislation in the years 2008- 2012 from the perspective of its impact on the process of starting and running a business and attempt to answer the question whether the measures taken in recent years, actually improve market processes. Critically analyzed were those regulations, which general idea was to reduce barriers in opening and conducting business. The changes in the Code of Commercial Companies, consisting of a reduction in capital requirements for the creation of limited liability companies and equity were presented. Analyzed were also an amendment to the Act on freedom of economic activity, the aim of which was to implement the postulate of "zero window" when setting up the business of individuals and to reduce nuisance of businesses control. Despite the general trend persisting for several years towards the removal of barriers to setting up and running a business by further legislative efforts in this area are not sufficient, and Polish law still creates a number of obstacles to the development of entrepreneurship.
34
Stępnicka, Nina, Grzegorz Zimon et Dariusz Brzozowiec. « The Complementary Currency Zielony in Poland and Its Importance for the Development of Local Economy Entities during the COVID-19 Pandemic Lockdown ». Sustainability 13, no 16 (16 août 2021) : 9184. http://dx.doi.org/10.3390/su13169184.
Texte intégralRésumé :
The article aims to present how the COVID-19 pandemic lockdown affects the functioning and circulation of complementary currencies in entities that have joined the complementary currency system with a special focus on the complementary currency Zielony (PLZ) in Poland. The main research problem of the paper is formulated in the form of a question concerning the impact of the lockdown during the COVID-19 pandemic on the use of the Zielony in Poland in commercial transactions by entities belonging to the local currency system. In order to achieve the objective and solve the main problem, the article uses such research methods as: the method of critical analysis of literature, historical method, statistical method, comparative method, observational method, free expert interview, as well as analysis and synthesis, deduction and induction and abstraction. We conducted a critical analysis of the literature and analysis of statistical data of the complementary currency Zielony in Poland in the period from March 2015 to June 2021, and the results of the expert interview showed that this currency is not a tool to support the functioning of local economy entities during non-financial crises, such as COVID-19 pandemic. This is influenced by, among other things, full or partial lockdown and other restrictions on the functioning of commercial entities during a pandemic. The consequences of such solutions include the weakening of economic activity and a decrease in the value of turnover of entities operating in various sectors of the local economy, especially entities of a service nature, which constitute about 80% of the structure of the Zielony complementary currency system in Poland. The main conclusion resulting from the conducted research is as follows: the complementary currency Zielony in Poland can influence the creation of local entrepreneurship and sustainable development and support the activities of the sector of small- and medium-sized enterprises, but these benefits are possible to achieve primarily in conditions of stable and undisturbed functioning of the economy. The realization of the payment function of the complementary currency, the Zielony, and its use in payments of entities belonging to those industries covered by lockdown and other administrative restrictions is impossible (or insignificant) at this time due to the absence (or hindered) of its circulation in the economy. The research results and conclusions presented in the article meet the assumptions of the application objective and can provide the entities of the micro-, small- and medium-sized enterprise sector with knowledge about the dependencies resulting from the use of the complementary currency in the lockdown period by the entities that implement the assumptions of the system of complementary currencies.
35
Tunowski, Remigiusz. « Sustainability of Commercial Banks Supported by Business Intelligence System ». Sustainability 12, no 11 (10 juin 2020) : 4754. http://dx.doi.org/10.3390/su12114754.
Texte intégralRésumé :
This article was focused on establishing whether Business Intelligence (BI) systems provide sustainability to commercial banks by influencing their financial condition. As part of the search for a solution to the research problem, a hypothesis was formulated which assumes that the use of the Business Intelligence management system improves the financial condition of commercial banks. To assess this impact, a novel comparative method was used, which assumed comparing financial condition indicators in three aspects: before and after the implementation of the Business Intelligence system (comparison over time), with average indicators of a group of banks (comparison to the industry), with reference to changes in the overall economic situation. As a result of the method used, a synthetic indicator of the impact of using Business Intelligence (ABI) was calculated. This study was conducted in relation to six out of the thirteen largest commercial banks listed on the Warsaw Stock Exchange in 2020, which have implemented the Business Intelligence system since 2001. The assets of the examined banks cover 60% of the assets of commercial banks in Poland. As a result of the study, a positive impact of using the BI system on selected areas of the financial condition of commercial banks was identified. In particular, this impact relates to areas of productivity, the quality of assets and liabilities, profitability and debt. The generalized results of this study allow for the determination of cause and effect relationships between the use of the BI system in commercial banks and the improvement of the financial condition indicators as well as sustainability banking.
36
Bański, J. « Changes in agricultural land ownership in Poland in the period of the market economy ». Agricultural Economics (Zemědělská ekonomika) 57, No. 2 (24 février 2011) : 93–101. http://dx.doi.org/10.17221/18/2010-agricecon.
Texte intégralRésumé :
The article concentrates on the changes of ownership ongoing in Polish agriculture in the period 1989–2004. Since Polish agriculture was above all private in nature throughout the period of communism, the changes in question were actually more limited than in other Central and East European Countries (CEEC). Those that have taken place have first and foremost involved the privatisation of the old State Farms, whose assets were taken over by individually-owned farms or commercial-law companies, with the intermediation of the Treasury Agricultural Property Agency established for the purpose. A major element of the assets undergoing privatisation was agricultural land. The size of the ownership change has varied from region to region. In the West and North, where more than half of all farmland was in the State Farm hands to 1989, there was a marked increase in the share of land under private ownership. On the other hand, in Central and Eastern Poland, the changes were very limited, concerning only the transfer of land between private farms. Important reasons accounting for the limited activity on the market for land in this part of Poland include the agrarian overpopulation and the widespread treatment of land as a form of the "insurance policy" against job losses. The ownership changes have further encouraged polarisation where farm size structure is concerned. Farms increased in size in the regions where the large average area has long been a typical feature. In turn, the areas characterised by the excessive agrarian fragmentation have not seen any more major changes in the size structure over the recent period. A detailed analysis of the changes in ownership over the market economy period is preceded by a discussion of the history of land ownership in Polish agriculture, with a particular emphasis being placed on the Communist era. The legal and social bases conditioning ownership change are also discussed.
37
Rainville, Anne. « From whence the knowledge came : Heterogeneity of innovation procurement across Europe ». Journal of Public Procurement 16, no 4 (1 mars 2016) : 463–504. http://dx.doi.org/10.1108/jopp-16-04-2016-b003.
Texte intégralRésumé :
To induce innovation in the public sector, Directive 2014/24/EU encourages internal and external consultation during the procurement process. However, little is known regarding the prominence of these practices. Determining the extent of knowledge sourcing in innovation procurement across 28 European countries, this paper presents an institutional cluster analysis, examining heterogeneity across knowledge sourcing activities, procurement areas, and tender innovation outcomes for 1,505 public procurers from 2008-2010. Building upon existing taxonomies, three types of procuring agencies are identified: Large collaborative agencies practicing public procurement of innovation (31%); supplier-focused pre-commercial procurers (20%); and direct procurers at the municipal level (49%). Validation supports this heterogeneity, using innovation outcomes and policy drivers. At the country level, Spain, the United Kingdom, Italy, Germany and Poland are most represented in respective clusters. Findings enable predictions regarding impacts on agencies and innovation from the new public procurement directive's translation into national law by Member States.
38
Kosiński, Eryk. « Prawny status zawodu lekarza. Wybrane zagadnienia ». Studia Prawa Publicznego, no 3(15) (4 décembre 2019) : 9–27. http://dx.doi.org/10.14746/spp.2016.3.15.1.
Texte intégralRésumé :
The article deals with a very crucial question of the legal status of physicians in Poland. The question asked is whether a physician who works as a sole practitioner may be recognized as a person performing a liberal profession, a public trust profession (a category specifi c only as far as Polish domestic law concerned), or a regulated profession (according to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifi cations). Consequently, first the concepts of a liberal, regulated and public trust professions are analysed. Another important question to be answered is if physicians practicing as sole traders are undertakings in the meaning of the EU law and if they are what their status is. The vastest exclusion in terms of the subject and object of the legislation was provided by the Regulation on Industrial Law issued by Poland’s President on 7 June 1927 which excluded the activity conducted by physicians. Under Article 3 of the President’s Regulation the Commercial Code 27 June 1934, all liberal professions were also excluded from activities considered to be a form of entrepreneurship. This attitude changed in postwar Poland and the Act of 23 December 1988 on Economic Activity provided for no exclusion for any liberal profession from being regarded as economic activity. The Act of 19 November 1999 on Economic Activity excluded from its scope only entities that provided legal services (barristers and solicitors) and those rendering services in the area of industrial property. Today, under Polish law physicians are considered to be an undertaking in two situations: when they conduct their activities in the form of so-called ‘private practice’ (one-person undertaking), or when they conduct their practice within so-called ‘collective practice’ (partnership). They are not regarded as undertakings when they are employed by a medical institution or another medical entity on the basis of an employment contract. In such a case they fall under the provisions of the Act of 15 April 2011 on Medical Activities, but still keep the status of liberal profession.
39
Przybylska, Anna, Grzegorz Bazylak, Robert Kosicki, Iwona Altyn, Magdalena Twaruzek, Jan Grajewski et Anna Soltys-Lelek. « Advantageous Extraction, Cleanup, and UHPLC-MS/MS Detection of Patulin Mycotoxin in Dietary Supplements and Herbal Blends Containing Hawberry from Crataegus spp. » Journal of Analytical Methods in Chemistry 2019 (6 février 2019) : 1–13. http://dx.doi.org/10.1155/2019/2159097.
Texte intégralRésumé :
Patulin (PAT) is a highly genotoxic mycotoxin still found as the common contaminant of various kinds of spoiled fruits and related commodities which are often endorsed as the health-enhancing products. Thus, a fast and convenient liquid-solid extraction followed by a solid-phase cleanup with the MycoSep®228 AflaPat multifunctional column was used for the highly efficient isolation of PAT with an average recovery of 112.7% from commercial dietary supplements and herbal blends formulated with dried hawberry. Analysis of the PAT content was carried out using gradient elution with a Synergi Polar C18 column (150 × 2 mm, 4 μm) and UHPLC system equipped with a mass spectrometer. PAT was detected in all (n=14) commercial single-component dietary supplements formulated with dried hawberry belonging to Crataegus monogyna and/or Crataegus laevigata. Similarly, PAT was detected in 67% of the studied multicomponent commercial herbal blends (n=6) that contained—in addition to hawberry—different amounts of apple, chokeberry, elderberry, hibiscus, or mallow. Moreover, the PAT content was determined in the hawberry collected from the mature wild hawthorn trees belonging to three botanical species, Crataegus monogyna Jacq., Crataegus laevigata (Poiret) DC, and Crataegus rhipidophylla Gand, growing in the recreational forest areas and in the law-protected state national forest park in Poland. In conclusion, to prevent PAT accumulation and reduce the health risk of consumers in globalizing markets, the implementation of improved cultivation/processing practices of hawthorn trees and hawberry as well as increased analytical control related to the presence of PAT in dietary supplements and herbal blends formulated with fresh, dried, or frozen hawberry should be urgently recommended.
40
Wang, Guiguo, et Rajesh Sharma. « The International Commercial Dispute Prevention and Settlement Organization : A Global Laboratory of Dispute Resolution with an Asian Flavor ». AJIL Unbound 115 (2021) : 22–27. http://dx.doi.org/10.1017/aju.2020.82.
Texte intégralRésumé :
The Second Belt and Road Forum for International Cooperation announced the establishment of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO) in 2019. The ICDPASO was coordinated by the China Council for the Promotion of International Trade and the China Chamber of International Commerce, together with industrial and commercial organizations and legal service agencies from over thirty countries and regions including the European Union, Italy, Singapore, Russia, Belgium, Mexico, Malaysia, Poland, Bulgaria, and Myanmar. It was launched on 15 October 2020. As its title indicates, ICDPASO's mandate to provide dispute resolution services is not confined to the Belt and Road Initiative (BRI) countries but includes resolving any disputes that the parties entrust to its jurisdiction. The ICDPASO aims to serve as a “legal hub” to resolve commercial and investment disputes effectively, efficiently, and practically. Unlike other multilateral dispute resolution forums, it is intended to provide an Asian-centric multilateral dispute resolution forum. This essay, the first on the subject of the ICDPASO, discusses how the ICDPASO can serve as a global laboratory for experimenting and innovating in dispute resolution with the potential to impact the landscape of international law, in particular its innovative use of mediation, good offices, and appeal processes to prevent and resolve disputes arising from the BRI. As BRI projects aim to establish infrastructure and digital connectivity within BRI countries and regions for trade and development, this essay argues that the dispute resolution process under the ICDPASO should take into account the overall development of a country or region. The essay concludes that the ICDPASO will be a game changer by introducing an Asian way of resolving disputes.
41
Lasocik, Zbigniew. « Defining and Regulating Prostitution from the Polish and European Perspective ». Studia Europejskie - Studies in European Affairs 25, no 1 (12 avril 2021) : 103–25. http://dx.doi.org/10.33067/se.1.2021.5.
Texte intégralRésumé :
Prostitution has not received the academic interest it deserves in Poland. On the one hand the issue of eroticism and human sexuality is a relatively strong cultural taboo, on the other research on prostitution raises numerous methodological diffi culties. The purpose of this article is to explore two issues. The fi rst is go back to unsatisfactory attempts to defi ne the commercial sex. The second is to look at legal regulations regarding this issue in Poland and several European countries. At the level of sociological reflection, prostitution can be defi ned by referring to the elements of a specifi c interaction between two people, one of whom offers paid sex and the other of whom is interested in using such a service. Prostitution is defi ned completely differently in law and in several European countries, for example in Great Britain and Austria there are interesting legal provisions. But I propose my own definition of prostitution or sex work in which the eight elements are combined. As far as legal regulations of prostitution are concern four categories of countries can be mentioned in Europe. From these in which the provision and purchase of sexual services is prohibited, to those where prostitution is legal and the professional status of the person engaging in it is regulated. There is also variety of perceptions of prostitution as a social phenomenon and different typologies of policies implemented by individual countries. But it appears that further studies on sex business and prostitution as a social phenomenon are needed.
42
Borowicz, Jacek. « Dekonstrukcja wolnego zawodu w systemie totalitarnym na przykładzie regulacji prawnej wykonywania zawodu rzecznika patentowego w Polsce w okresie stalinowskim ». Studia nad Autorytaryzmem i Totalitaryzmem 43, no 3 (19 décembre 2021) : 7–19. http://dx.doi.org/10.19195/2300-7249.43.3.1.
Texte intégralRésumé :
In Poland before the Second World War, the profession of patent attorney was categorised as one of the so-called liberal professions. Its legal status and rules of practice were compared to the solicitor profession. A patent attorney practiced his profession personally, independently, and autonomously. In order to exercise his profession, he ran an independent patent attorney’s office. In the second half of the 1940s, with the communists taking power in Poland, a radical transformation of the social, political, economic, and legal system of the state along the lines of Stalin’s Soviet Union began. Any social, political, or economic activities characterised by independence and autonomy were thus in axiological contradiction with the ideology of the planned totalitarian state. The Act on the Establishment of the College of Patent Attorneys passed on 20 December 1949 completely abolished the structure of the patent attorney profession as a free profession, exercised in its own name and on its own account. From that moment on, the patent attorney became a civil servant performing their professional activities under strict hierarchical subordination to his superiors. There was no guarantee of their intellectual independence or professional autonomy. The practice of the patent attorney profession was subject to public law. The Patent Attorneys College was in fact another state office. It was organisationally and financially linked to the Patent Office — an administrative body granting legal protection to objects of industrial and commercial property, collecting and making available patent documentation and literature. The president of the Patent Office supervised the Patent Attorneys College. Both the Patent Attorneys College and the Patent Office were supervised by the State Economic Planning Commission. The State Commission for Economic Planning was a kind of super-ministry, tasked with a Soviet-style mission of closely supervising and controlling the entire centralised economy of the Polish state. The chairman of the State Economic Planning Commission also had key powers to influence patent attorneys. It was he who determined the subject of their professional examination, he who appointed a person meeting the statutory requirements to the position of a patent attorney. He could also exempt a candidate for the profession from meeting the requirements as well as appoint the president of the Patent Attorneys College. The Act of 20 December 1949 was repealed with the end of the Stalinist period in Poland. In 1958, the profession of patent attorney was briefly reinstated as a free profession. After that, until the end of the existence of the socialist state called the Polish People’s Republic, patent attorneys performed their profession as employees within the meaning of the labour law. It was not until the fall of communism in Poland that the profession of a patent attorney was re-established as a liberal profession under the provisions of the Act on Patent Attorneys of 9 January 1993.
43
Riznyk, V. « POLITICAL ADVERTISING : SOME ISSUES OF LEGAL SUPPORT ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 109 (2019) : 22–26. http://dx.doi.org/10.17721/1728-2195/2019/1.109-5.
Texte intégralRésumé :
The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
44
Murzyn-Kupisz, Monika, et Dominika Hołuj. « Museums and Coping with Overtourism ». Sustainability 12, no 5 (6 mars 2020) : 2054. http://dx.doi.org/10.3390/su12052054.
Texte intégralRésumé :
Newer strains of tourism research are often aimed at finding out good practices for dealing with overtourism and propose a broader understanding of stakeholders of sustainable tourism development. Drawing on qualitative empirical findings from two institutions located in major tourism hubs in Poland, the authors inquire to what extent negative impacts of overtourism can be mitigated by museums. As the findings indicate, museums provide the commercial sector with good examples of conservation and adaptation of historic buildings to contemporary functions and encourage environmentally friendly behaviors. They can contribute to the quality of heritage narration and the quality of merchandise offered to tourists. They may have an impact on community cohesion and local residents’ quality of life as well as encourage immaterial heritage practices. Lastly, museums may exert indirect impact on transformations of urban space by getting involved in strategic planning and discussions on contemporary challenges of urban development.
45
Zachariasiewicz, Maciej. « Swobodny przepływ dokumentów w Unii Europejskiej : znaczenie i oddziaływanie rozporządzenia 2016/1191 ». Problemy Prawa Prywatnego Międzynarodowego 29 (28 décembre 2021) : 91–123. http://dx.doi.org/10.31261/pppm.2021.29.04.
Texte intégralRésumé :
The article is dedicated to the (still relatively unknown) EU Regulation 2016/1191. The Regulation disposes of some of the formalities with respect to circulation of the public documents within EU. In particular, no legalization in any form, including the apostille under the Hague Convention, will be needed with respect to documents covered by the Regulation. Unliked originally planned by the Commission, the Regulation does not, unfortunately, completes a more challenging goal of mandating recognition of the civil status throughout the Union. This issue still remains subject to national conflict-of-law rules. Moreover, the scope of Regulation is relatively narrow. It does not, again regrettably, apply to many public documents which are crucial in cross-border transactions (excerpts from commercial registers, powers of attorney for sale of immovable property).
The author analyses to what extent Regulation 2016/1191 offers progress in circulation of documents. This question is first raised in light of the long standing application of the Hague Apostille Convention. The author then attempts to discern the effective role of the Regulation given the fact that under Article 1138 of the Polish Code of Civil Procedure, no legalization in any form is in principle required for the foreign public documents to be treated as authentic and official proof in Poland (although the practice often is to ask for the apostille even if not required by law). Still, the Regulation 2016/1138 might come of assistance for the parties in some respects. First, it will facilitate acceptance of Polish public documents in those Member States, which have so far required apostille. Second, the Regulation may help to overcome an incorrect practice in Poland of requiring apostille by the officials, where Article 1138 actually dispenses of such formality. Third, the Regulation introduces an administrative cooperation based on the IMI system which allows to verify doubts as to the authenticity of the public document from another Member States. This last feature of the Regulation, it is argued, may prove of its true value to the freedom of circulation of public documents within the EU.
46
Chaberek, Grazyna. « The Possibility of Reducing Individual Motorised Traffic through the Location of Collection Points Using the Example of Gdańsk, Poland ». Sustainability 13, no 19 (25 septembre 2021) : 10661. http://dx.doi.org/10.3390/su131910661.
Texte intégralRésumé :
Problems in urban areas at present are caused by the high traffic volumes of motor vehicles. Changing commercial behaviour into e-commerce reduces the need for individual customers to visit shopping centres and increases the need for freight transport to geographically dispersed consumers. In this case, one solution to reduce the number of lorry journeys may be collection points, such as a network of parcel lockers. However, the use of collection points has only a limited impact on reducing the number of cars on the streets because half of the journeys to parcel lockers are still made by car. This study assumes that consumers’ choice of how to collect their parcels depends on the available infrastructure and the time needed to reach the pick-up point, which depends on the distance from the place of residence/work/school. The purpose of this research was to analyse the location of collection points in relation to the alternative infrastructure and places of residence/work/school using Gdańsk, Poland, as an example. The analysis showed that collection points are usually easily accessible by car, are not always accessible by foot, and in only a few cases are easily accessible by bicycle.
47
Moskwa-Bęczkowska, Daria. « The financial condition of selected enterprises from the Świętokrzyskie voivodeship during the COVID-19 pandemic – A survey analysis ». Humanities & ; Social Sciences Reviews 9, no 6 (23 décembre 2021) : 46–50. http://dx.doi.org/10.18510/hssr.2021.968.
Texte intégralRésumé :
Purpose of the study: This article aims to assess the financial condition of selected enterprises from the Świętokrzyskie Voivodeship during the ongoing COVID-19 pandemic.
Methodology: The article presents the results of proprietary surveys on the usefulness of the economic entities' cost accounting system to manage their costs in the conditions of the COVID-19 pandemic. These studies were carried out using the Computer-Assisted Web Interview method. Economic entities from the Świętokrzyskie voivodship with an entry in the National Court Register were invited to the survey via email. They were commercial law companies, mainly limited liability companies, joint-stock companies, etc.
Main Findings: The main conclusion from the conducted research is the statement that the difficult economic situation of the market sector in Poland does not always translate into the financial condition of enterprises. The common opinion about the financial problems of Polish companies caused by the COVID-19 pandemic turns out to be wrong. The examined economic entities do not struggle with the issue of losing financial liquidity at all. On the contrary, over 40% of them indicated an improvement in the financial result in 2020 compared to 2019.
Applications of this study: The results of the conducted research confirm that the COVID-19 pandemic in Poland did not significantly worsen the financial situation of the surveyed business entities; on the contrary, the vast majority of them do not and have had no problems with maintaining financial liquidity.
The originality of this study: The analysis of the literature on the subject showed that there is no data on the assessment of the financial condition of enterprises in the conditions of the COVID-19 pandemic, taking into account at the same time the organizational and legal form of the studied entity and the area of its operation.
48
Kołaczkowski, Bartosz, et Małgorzata Ratajczak. « Krajowe bezzwrotne źródła finansowania instytucji kultury – za mało i jednocześnie zbyt wiele ? » Studia Prawa Publicznego, no 4 (36) (30 décembre 2021) : 9–32. http://dx.doi.org/10.14746/spp.2021.4.36.1.
Texte intégralRésumé :
Culture is one of the spheres in which human freedom is realized, and, at the same time, it is one of the main areas of public activity. The Constitution of the Republic of Poland recognizes (in Article 6) culture as the source of the identity of the Polish nation, its duration and development. In Poland, public cultural institutions definitely dominate among the entities operating in the field of culture. These are state and local government organizational units whose primary goal is to conduct cultural activity understood as the creation, dissemination and protection of culture. Cultural activity understood in this way, in accordance with the provisions adopted in Polish law, is not a commercial activity. This study deals with the issue of financing cultural institutions from non-returnable domestic funds. This subject has gained particular importance due to the deepening financial difficulties of cultural institutions as a result of the COVID-19 pandemic underway since 2020. An important argument that justifies considering the above-mentioned topic is the lack of sufficient knowledge of practitioners about the methods (sources) of financing cultural institutions. An analysis of the legal regulations regarding the own revenues of cultural institutions, subsidies, sponsorship and finally, aid instruments related to COVID-19 was performed in individual parts of the study. In order to obtain a credible picture of the financial condition of the Polish culture sector, the amount of public funds allocated in our country for its development and protection in 2011–2021 was also examined. The analysis here shows that a characteristic feature of the financing system for Poland’s culture is a large diversification of the possibilities for cultural institutions to obtain non-returnable domestic funds, which can be considered both an advantage and a disadvantage of this system.
49
Buraczyńska, Barbara Urszula, Anna Elżbieta Żelazna et Agnieszka Barbara Bojanowska. « The Impact of the COVID-19 Pandemic on the Behaviours of Polish Consumers in the Organic Products Market ». Sustainability 14, no 19 (20 septembre 2022) : 11821. http://dx.doi.org/10.3390/su141911821.
Texte intégralRésumé :
The main purpose of this article is to verify whether the COVID-19 pandemic affects customers’ behaviours. The examined behaviours are: buying Polish products, buying organic products, buying more at one time, paying attention to prices, asking others to go shopping, and shopping online. For this purpose, an online survey was conducted. The questionnaire was completed by 1000 Polish consumers. The collected data were analysed statistically, and it was shown that the COVID-19 pandemic has an influence on consumers’ behaviours. This is particularly visible in paying attention to prices more frequently, more frequent online shopping, and more frequent purchases of larger amounts of products. Consumers are more likely to buy Polish products and organic products. The largest changes in behaviour were observed among women, people aged under 35, people with higher education, and those with the highest incomes per family member. The research identified the group of consumers who more often do online shopping, purchase more products, and more often buy Polish and organic products; this information may be used by commercial enterprises to create sales strategies. It is advisable to develop online sales and to display information about the fact that products are made in Poland, and information about their ecological origin. The value of this article is to identify the impact of the COVID-19 pandemic on consumer behaviour in the organic market in Poland, to identify groups of consumers whose behaviour has changed, and to indicate the directions of those changes.
50
Gruszczyńska, Agnieszka. « O zabijaniu — uśmiercanie zwierząt przeznaczonych do celów gospodarczych w świetle przepisów rozporządzenia Rady WE nr 1099/2009 oraz regulacji krajowych ». Przegląd Prawa i Administracji 108 (26 juin 2017) : 103–13. http://dx.doi.org/10.19195/0137-1134.108.8.
Texte intégralRésumé :
ON TAKING LIFE — THE KILLING OF ANIMALS DESTINED FOR COMMERCIAL USE IN THE LIGHT OF THE COUNCIL REGULATION EC NO. 1099/2009 AND DOMESTIC REGULATIONSLegal articles aiming to protect animals from pain and suffering during killing process constitute one of the key areas of humanitarian animal protection regulations. Within the EU law, the Council Regulation EC No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing constitutes the main act regulating this area Official Journal L 303 of 18.11.2009, pp. 1–30. The member countries have pledged to apply the said Regulation as of January 1, 2013. In order to assure its proper implementation it is necessary to introduce the EU regulations into domestic legislature, while simultaneously revoking the overlapping or conflicting domestic regulations. To date 15.12.2018, Poland has failed to fulfil the above obligation, while the application and interpretation of the EU and domestic regulations remain contentious. This results in the need to verify each particular case with regard to the applicable regulations by an entity responsible for commercial animal slaughter or by asupervisory body, which negatively impacts on the animal protection.In March 2016 the Minister of Agriculture and Rural Development presented adraft of an amendment to the Animal Protection Act for public consultation and settlement, whose aim is to implement the above-mentioned regulations. However, the proposed solutions evoke many questions and substantial doubts, while at the same time in the project implementation activities are lacking.The implementation of regulations ensuring proper application of the 1099/2009 Regulation should be considered crucial to guarantee the correct standards of protection of animals at the time of killing.