Rozprawy doktorskie na temat „Ustaw”
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Sprawdź 27 najlepszych rozpraw doktorskich naukowych na temat „Ustaw”.
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Šuvaković, Uroš. "Ustav Republike Srbije iz 2006. : neki elementi novog političkog sistema : tematski zbornik radova". Beograd, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&docl̲ibrary=BVB01&docn̲umber=016669475&linen̲umber=0001&funcc̲ode=DBR̲ECORDS&servicet̲ype=MEDIA.
Pełny tekst źródłaMetin, Usta Ayşe Duha [Verfasser], Bruno [Akademischer Betreuer] Merz, Viet Dung [Akademischer Betreuer] Nguyen, Bruno [Gutachter] Merz, Viet Dung [Gutachter] Nguyen i Robert [Gutachter] Jüpner. "The role of risk components and spatial dependence in flood risk estimations / Ayşe Duha Metin Usta ; Gutachter: Bruno Merz, Viet Dung Nguyen, Robert Jüpner ; Bruno Merz, Viet Dung Nguyen". Potsdam : Universität Potsdam, 2021. http://d-nb.info/1228431582/34.
Pełny tekst źródłaStojan, Ivić. "Dimenzije gornjih respiratirnih puteva kod malokluzije klase II/1". Phd thesis, Univerzitet u Novom Sadu, Medicinski fakultet u Novom Sadu, 2014. http://www.cris.uns.ac.rs/record.jsf?recordId=87518&source=NDLTD&language=en.
Pełny tekst źródłaIntroduction: Craniofacial system has all of its structures developmentally, functionally and anatomically closely related to the structures of the upper respiratory tract. Thus, any disturbancein any of them is often accompanied by a disorder in the other. This paper is identifying opportunities to recognize some of the orofacial factors in children that could cause or increase the severity of breathing difficulties. Of particular importance is the fact that most authors deal with treating the adult population, while the mere emergence of the developmental disorder is not clearly explained. Therefore, this paper is conceived as a contribution to the knowledge of some of the many mutually very complex, interwoven functional and morphological disorders that together lead to this potentially dangerous, a globally present situation. In this study, specialattention is paid to the influence of irregular intermaxillary relationship in the sagittal dimension (posterior position of lower jaw) in children who have not yet completed growth and in which there still can be a therapeutic act, as well as the sagittal narrowness of the upper respiratory tract. Correcting morphological irregularities in children is acheived by modifying and directing the growth and normalization of disturbed functions of orofacial musculature, by the application of functional orthodontic appliances. Objectives and hypotheses: The overall objective of this paper is to contribute to the knowledge of the structures and dimensions of the structures during the period of development, which may in later stages of life contribute to the occurrence of disturbances in breathing and a wide spectrum of disorders described as obstructive sleep apnoea syndrome, as well as to examine the possibility of affecting them early. Methods: The study was conducted as a combination of cross-sectional study in the first part and cohort study in its second part. It was performed at the Clinic of Dentistry of Vojvodina. The study included 98 experimental group subjects who met the criteria for inclusion in the study, appropriate age and craniofacial morphology (second class and hyperdivergent skeletal growth), and 70 (two groups of 35) of controls, being of corresponding ages. Roentgenocephalometric features and the dimensions of the upper respiratory tract were assessed in all subjects, as well as structures that could influence them, tongue and soft palate. The values obtained were compared statistically. After a year of orthodontic treatment of class II malocclusion, re- measurement of the same structures was performed, as well as the comparison with a control group of corresponding age. Changes in relation to the initial findings were tracked. To determine the actual extent of the changes caused by orthodontic treatment, the degree of change was compared in the control group at the beginning and end of the observation period. Results: The sagittal dimensions of the upper respiratory tract are significantly smaller in patients with Class II/1 than in the general population in all three observed levels, the level of the nasopharynx, oropharynx, and the level of level of hypopharynx. There was no significant interdependence between the sagittal dimension of the upper respiratory tract and skeletal relationships in the sagittal dimension. After orthodontic treatment by the means of functional appliances, the dimensions of the upper airway in all three observed levels increased. Conclusion: The findings confirm that the upper airway in patients with hyperdivergent class II/1 malocclusion is narrower than in the rest of the population, as well as that balancing their morphofunctional facial features during growth by orthodontic treatment leads to the more harmonious development of the pharyngeal structures that make up the upper airways.
Witorska, Alicja. "Interpunkcja w aktach prawnych ogłaszanych w Dzienniku Ustaw Rzeczypospolitej Polskiej". Doctoral thesis, 2020. https://depotuw.ceon.pl/handle/item/3799.
Pełny tekst źródłaThe subject of the present thesis is the analysis of the concept of punctuation from the point of view of various linguistic traditions and the use of punctuation in legal acts published in the Journal of Laws of the Republic of Poland. According to Polish linguistic literature and Polish language dictionaries, punctuation is defined as the rules of the use of such signs as, for example, periods, commas, exclamation marks, which are traditionally called punctuation marks or pause marks. The term pause marks indicates the connection between these signs and speech; they are used to express intonation, accent, and other prosodic features. When it comes to punctuation marks, their syntactic role comes first. The tradition of drawing a parallel between punctuation in writing and intonation in speech is still present in Polish linguistics. It seems problematic, however, to rely on this tradition when drafting legal acts, which constitute written text for specific purposes. Punctuation does not play a prosodic function in them. Punctuation marks in legal acts indicate syntactic and semantic relations in the text. The purpose of the thesis is to analyze punctuation understood as punctuation marks and rules of their use in a legal text and, in particular, to determine whether the punctuation rules included in “Wielki słownik ortograficzny PWN” edited by Edward Polański are adequate in relation to the practice of using punctuation marks adopted in legal acts. The second aim of study is to examine whether the use of punctuation marks in legal texts differs from academic and popular science texts. The research was based on a corpus composed of laws and decrees containing over 100,000 words. The assumption of the thesis was intended to determine whether editing a specialized legal text requires formulating additional punctuation guidelines. The first chapter of the thesis presents the concept and definitions of punctuation in Polish linguistic literature and dictionaries, and compares them with the definition of punctuation in legal texts suggested by Andrzej Malinowski. In these definition the connection between punctuation and speech was relinquished. The second chapter is devoted to the analysis of speech and writing as well as to the relation between the sign and meaning. According to the Great Theory of Literacy, writing is not written speech, it is an independent system of signs. The analysis of semiotic and linguistic theories shows that punctuation marks can be treated as semiotic signs involved in creating grammatical meaning. The third chapter of the thesis is dedicated to differences and similarities between a general written text and a legal text. The comparison of the two types of texts reveals that the legal text meets the linguistic criteria formulated for the written text. The origins of Polish punctuation are presented in the fourth chapter. Diachronic analysis demonstrates that the connection between punctuation and speech has not been abandoned even though speech pausing was replaced by syntactic punctuation in the 20th century. The last chapter of the thesis contains the results of empirical research. The comparative analysis of the contexts of the use of punctuation marks in legal texts and Polish orthography rules included in “Wielki słownik ortograficzny PWN” edited by Edward Polański showed that punctuation marks in legal texts perform functions specified in the dictionary rules. Therefore, these rules are sufficient to the interpretation of the usage of punctuation marks in legal texts. The analysis also revealed that punctuation marks in the texts of legal acts fulfill the same functions as in academic and popular texts. Slight differences in the usage of punctuation marks and in their frequency in both text types result from the structure and semantics of the texts. Punctuation marks were found to appear in typical places and play typical roles in of both types of text. There is no need to refer to speech to explain the contexts of the usage of punctuation marks in legal acts. Maintaining the connection between punctuation marks and speech is mostly the matter of tradition. In the case of legal language, this tradition may be changed; punctuation marks should be treated as signs indicating syntactic and semantic relations appearing in the text of a legal act.
Matusiak, Karolina Maria. "Federalna polityka regulacji powszechnego prawa dostępu do broni palnej w Stanach Zjednoczonych Ameryki (2001-2012)". Doctoral thesis, 2020. https://depotuw.ceon.pl/handle/item/3646.
Pełny tekst źródłaThe doctoral dissertation "Federal policy of regulating the right to keep and bear arms in the United States (2001-2012)" is devoted to the analysis of the actions performed by the representatives of the federal legislative, executive and judiciary in the area of the Second Amendment to the United States Constitution. Although Americans have been accompanied by firearms from colonial times, the changing political and social situation caused that over the years the federal authorities decided to enforce regulations in the right to keep and bear arms. The limitations concerned for example: categories of people who cannot legally have guns; kinds of weapons and ammunition that can be available for all citizens; the National Instant Criminal Background Check System. The aim of the dissertation is to analyze the regulations of the right to keep and bear arms on the federal level. The 9/11 terrorist attacks on World Trade Center and Pentagon were used as a reference. Prior to them, the federal authorities have performed different actions, which aimed at improving security and preventing similar tragedies in the future. Because of the fact that security is one of the most frequently given reason for owning guns, relations between the 9/11 policy and the special attitude toward weapons are worth to be studied. The dissertation covered the period between 9/11 and the end of 2012. The examples of actions undertaken before and after that time allow to present the wider political and social context of the research. The analysis is presented in six chapters, which were devoted to: the basis of American legal and political system in the context of the Second Amendment; the right to keep and bear arms in the federal legislation and judicial decisions; actions performed by presidents and the federal administration; American public opinions about guns and the most recent trends in the right to keep and bear arms. The analysis was made on the basis of federal bills and rulings, presidential documents, publications about Second Amendment and the US political system as well as numerous internet sources.
Pisz, Maciej. "Akty organów egzekutywy z mocą ustawy we współczesnym polskim prawie i myśli konstytucyjnej". Doctoral thesis, 2019. https://depotuw.ceon.pl/handle/item/3543.
Pełny tekst źródłaThe aim of the presented dissertation is complex presentation of the institution of acts of executive organs of a statutory rank in both the contemporary Polish law and the constitutional concept. The dissertation is in particular aimed at presenting of the Polish lawmaker’s approach to the institution of acts of executive organs of a statutory rank (taking into account the Polish systemic experiences in this scope), as well as presenting a proposition of how shall the presented issues – taking into account systemic experiences of Poland and some other European countries – be regulated in the future on the grounds of the Polish constitutional law. Considering the above, the entirety of systemic principles, as well as constitutional values and standards will be taken into account, as they are characteristic for the contemporary Polish constitutional law. What is more, the purpose of this dissertation is formulation of de lege ferenda postulates regarding the acts of executive organs of a statutory rank in the Polish constitutional law. In the dissertation – concerning the institution of acts of executive organs of a statutory rank in both the contemporary Polish law and the constitutional concept – references to other chosen issues and concepts will be made, as on the one hand they are extremely significant to the contemporary Polish law and constitutional concept and, on the other hand, are strictly connected (in the systemic approach) to the very institution of acts of executive organs of a statutory rank. Among such concepts and issues the following examples may be pointed out: parliamentary government, the system of sources of law, the principle of the exclusivity of statutes, the principle of the separation of powers, postulate of ensuring reliability and efficiency to the activity of public institutions (stemming from the preamble to the Constitution of the Republic of Poland), as well as the postulate to implement a reform of the parliamentary legislative process in Poland for the purpose of its optimization. The deliberations will be presented basing on the assumption, that acts of executive organs of a statutory rank constitute an institution of an outstanding significance from the perspective of the Polish constitutional law and deserve a comprehensive and multifaceted consideration carried out in the context of contemporary Polish constitutional regulations as well as the views expressed in the Polish constitutional law doctrine. Major importance of the described institution is stressed by the fact, that the acts of executive organs of a statutory rank are an institution well rooted in the Polish systemic tradition, as well as they are commonly used in the systemic practice of some contemporary countries. They serve for example as a tool of implementation of the European Union law in a few of the EU Member States.
Wójciak, Paulina. "Porównanie systemu prawnego w dziedzinie turystyki na Ukrainie i w Polsce z uwzględnieniem Ustawy o turystyce na Ukrainie i Ustawy o usługach turystycznych w Polsce". Praca dyplomowa, 2014. http://hdl.handle.net/11315/506.
Pełny tekst źródłaPraca charakteryzuje ukraiński system prawodawstwa odnoszącego się do turystyki. W rozdziale pierwszym omówione zostało legislacyjne (prawne) wsparcie dziedziny turystyki na Ukrainie. Rozdział drugi omawia i charakteryzuje ukraińska ustawę o turystyce: prawa i obowiązki organizatora, prawa i obowiązki turysty, umowę o usługi turystyczne. Kolejny rozdział określa zakres kompetencji organów władzy w kwestii turystyki, z podziałem na Ukrainę i Autonomiczna Republikę Krymu. Porównanie polskiej Ustawy o usługach turystycznych z ukraińską Ustawą o turystyce znajduje się w ostatnim rozdziale pracy.
The dissertation characterizes the Ukrainian system of legislation relating to tourism. In the first chapter has been discussed legislative (legal) support for the field of tourism in Ukraine. The second chapter discusses and characterizes the Ukrainian act of tourism: the rights and obligations of the organizer, the rights and duties of a tourist, The act of touristic services. The next chapter defines competence scope of the authorities in terms of tourism, with the division of Ukraine and the Autonomous Republic of Crimea. Comparison of the Polish Act of touristic services with the Ukrainian Act of tourism is in the last chapter of the dissertation.
Szybkie, Andrzej. "Unijny model sumowania okresów emerytalno-rentowych na gruncie polskiej ustawy emerytalnej". Doctoral thesis, 2015. https://depotuw.ceon.pl/handle/item/1294.
Pełny tekst źródłaIn the phd there is a proposal model of aggregation of periods under EU law for establishing right to pension according to the Polish Pension Act, taking into account coordination role of EU provisions and division of competences between EU and Member States in the field of social security.
Sulczewska, Krystyna. "Opłata adiacencka z tytułu podziału nieruchomości na podstawie ustawy o gospodarce nieruchomościami. Ujęcie prawne i sprawiedliwościowe". Phd diss., 2018. http://hdl.handle.net/11089/26092.
Pełny tekst źródłaJarzyński, Miłosz. "Skuteczność sankcyjnych decyzji wstrzymujących wydawanych przez organy Inspekcji Ochrony Środowiska na podstawie ustawy – Prawo ochrony środowiska". Phd diss., 2019. http://hdl.handle.net/11089/30677.
Pełny tekst źródłaBezubik, Kamila Magdalena. "System wyborczy do Bundestagu". Phd thesis, 2022. http://hdl.handle.net/11320/13066.
Pełny tekst źródłaThe personalized proportional system has long been regarded as an international model, particularly due to its optimized degree of proportionality of votes and seats, its impact on the party system, and its consequent ability to create a stable majority in parliament and the possibility of casting a personalized vote. German reunification and profound changes in the party landscape have put the smoothly functioning electoral system to the test. As the years passed and new elections were held, deficiencies became apparent, some of them so significant that they necessitated far-reaching reforms. The amended electoral law still shows some shortcomings. The procedure of converting votes into seats has become even more complicated and incomprehensible to the ordinary citizen. It does not fully realize one of the objectives of the reform set by the Federal Constitutional Court, namely to make it more accessible and transparent. However, the greatest concerns are related to the uncontrolled expansion of the Bundestag. This dissertation presents an analysis of the institutional and legal arrangements of the Bundestag electoral system and a study of its key provisions relating to the preparation and conduct of Bundestag elections. The correlation between the course of the amendments to the Electoral Act and the case law of the Federal Constitutional Court as well as the main threads of the ongoing debate on the reform of the electoral system in Germany are presented.
Uniwersytet w Białymstoku. Wydział Prawa. Katedra Prawa Konstytucyjnego i Systemów Politycznych.
Lizis, Łukasz. "Prawnokarne środki zwalczania terroryzmu w świetle regulacji brytyjskich oraz polskiego prawa karnego : studium prawnoporównawcze". Praca doktorska, 2019. https://ruj.uj.edu.pl/xmlui/handle/item/69946.
Pełny tekst źródłaWolniewicz-Slomka, Klaudia. "Projektowanie i implementacja polityki rodzinnej na poziomie lokalnym i krajowym na przykładzie ustawy o opiece nad dziećmi w wieku do lat 3". Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/3038.
Pełny tekst źródłaFamily policy in Poland has gone through many changes since the political transformation that took place in the country in 1989. In the first years of the new regime, state intervention was limited, and focused mainly on financial support to families in need. With time, the Polish state became much more active in supporting families: it developed childcare services for children under the age of three, introduced longer maternity leaves, and assisted young people in buying their first apartment. In recent years, childcare services addressed to children under the age of three have become an important element of the Government’s family policy, and new legislation was introduced to regulate it: the Act of 4 February 2011 on care for children under the age of three along with a new governmental program titled “Maluch”, aimed at financing new childcare institutions and maintaining those that already existed. With these extensive changes in mind, it was interesting to analyze how family policy was being created and implemented in Poland, especially in the field of childcare services for the youngest. This was the main aim of this dissertation. On its way to answering this question, the research analyzed different theories of creating and implementing public policies and presented the case study, focused on creating and implementing policy at the national and local levels in Poland. The research was done from the policy analysis perspective, but did not include evaluation stage of formulating public policy. Also, it was inspired by the neo-institutional theory according to which social institutions are being created as a result of interactions between formal rules, informal acting patterns and decisions made by the social actors. According to the main thesis of this work, the processes of creating and implementing family policy in Poland take place at various levels, both national and local. The main thesis was developed into five detailed thesis statements to which the research questions were assigned to. Answers to the research questions were presented in all five chapters of the thesis. The dissertation consists of two theoretical chapters and three empirical chapters. The first chapter, based on literature review, defined relations between family policy and public policy – two types of policies that deal with family issues. It presented various models and developments in family policy, which constituted the background for an analysis of changes in the care system for children under the age of three. The second chapter was an overview of theoretical approaches to the creation and implementation of public policy. The research concept and design were also presented in this chapter. The three empirical chapters presented the results of three different studies conducted in the frame of this research: the process of creation of family policy at the national level in Poland, press debate that accompanied the creation of family policy and creation and implementation of family policy at the local level. The third chapter analyzed the process of creation the childcare policy and was based on the analysis of elections programmes and transcripts of parliamentarian sessions. The fourth chapter presented an quantitative and qualitative analysis of press articles that were published in two dailies and three weeklies during the time of the creation and implementation of the Act – between 2010 and 2015. Finally, the last chapter showed the results of analyses conducted in two cities – Płock and Ostrołęka, based on desk research, in-depth interviews and unsystematic direct observation.
Nashkova, S. "An analysis of the differential approaches to protecting trade secrets in the United States, the United Kingdom and Australia : a need for an international initiative?" Thesis, 2021. https://eprints.utas.edu.au/38249/.
Pełny tekst źródłaMreńca, Elżbieta. "Rządowa procedura legislacyjna. Ewolucja i propozycje zmian". Doctoral thesis, 2014. https://depotuw.ceon.pl/handle/item/776.
Pełny tekst źródłaUsta, Nirgül [Verfasser]. "Identifizierung und Quantifizierung der PVC-Weichmachermetabolite 2-Ethylhexansäure und 2-Ethyl-3-hydroxyhexansäure im Plasma mittels Gaschromatographie-Massenspektrometrie / vorgelegt von Nirgül Usta". 2006. http://d-nb.info/980568137/34.
Pełny tekst źródłaVachev, Valeri. "Przedawnienie karalności zbrodni komunistycznych jako narzędzie sprawiedliwości transformacyjnej". Doctoral thesis, 2020. https://depotuw.ceon.pl/handle/item/3719.
Pełny tekst źródłaThe research objective of the PhD thesis was to answer two overarching questions, that is: 1. what role has the institution of statute of limitations played as a normative attempt to grapple with the criminal activity of officials of the People’s Republic of Poland, one of many which accompanied the Polish constitutional transformation at the end of the 20th century? and 2. is it reasonable for legal theorists and practitioners to perceive limitation periods as a notion pertaining to substantive criminal law? Chapter I considers “transformative justice” and its importance for contemporary criminal law at times of constitutional changes. The origins and development of the concept were expounded upon, as were models of transformative justice in a historical perspective. Centrally placed in Chapter II is an analysis of a normative vision of transformative justice adopted in Poland after 1989. In particular, an outline of “transformative lawmaking”, notably the Act on the Institute of National Remembrance, regulations on rehabilitation of victims, lustration laws, vetting of judges and other statutes within the realm of criminal law. Chapter III addresses Communist crimes and its normative framework through the subjective and objective prisms. In Chapter IV, discussion turns to the institution of statute of limitations (limitation periods) in criminal law. The origins and development of the notion in European and Polish law, along with conceptions encapsulating the theoretical foundations of limitation periods in respect of prosecution, are characterized. Particular emphasis is placed on the functions and legal character of statutes of limitations in Polish criminal law. The foregoing is supplemented by the presentation of the author’s novel approach, one which has generally not been proffered in contemporary literature before. Chapter V scrutinizes statutes of limitations from the angle of a normative change in the field of limitation, predominantly as regards constitutional amendments. The notion was analyzed by reference to the nullum crimen standard (Article 42(1) of the Constitution of the Republic of Poland) the constitutional principle of protection of legitimately acquired rights and standards enshrined in Articles 43 and 44 of the Constitution. The chapter also contemplates the consequences of amendments of statutes of limitations and the temporal scope of Article 4(1a) of the Act on the Institute of National Remembrance and the permissibility of excluding Article 4 § 1 of the Criminal Code in respect of time-barring the criminality of Communist crimes. Chapter VI offers a summary and a concise enunciation of final conclusions.
Derlatka, Joanna. "Wyłączenie sędziego w postępowaniu cywilnym". Phd diss., 2015. http://hdl.handle.net/11089/6447.
Pełny tekst źródłaSzeląg, Tomasz. "Ustawa szkolna Juliana Apostaty z dnia 17 czerwca 362 r. jako przejaw antychrześcijańskiej polityki cesarza (na tle stosunków społeczno-politycznych i religijnych w Cesarstwie Rzymskim w IV w.)". Praca doktorska, 2010. http://ruj.uj.edu.pl/xmlui/handle/item/41608.
Pełny tekst źródłaRybski, Robert. "Konstytucyjne aspekty energetyki jądrowej w orzecznictwie Federalnego Trybunału Konstytucyjnego oraz w ustaleniach niemieckiej nauki prawa konstytucyjnego". Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/2855.
Pełny tekst źródłaThe dissertation consists of eight chapters, an introduction and conclusion remarks. The first chapter has been devoted to an analysis of energy security as a value protected by the German Basic Law. In terms of constitutional law six fundamental threads were elaborated, i.a. the issue of assuring energy security in jurisprudence of the Federal Constitutional Court in Karlsruhe, or influence of lack of deliveries of energy on the potential of a contemporary constitutional state to fulfill its essential public tasks. The second chapter presents seating of issues regarding nuclear energy in the German Basic Law. Analysed provisions directly refer in their wording to the nuclear energy. Although those provisions regulate solely jurisdictional issues, then the developed jurisprudence of the constitutional court, literature and political practice enriched those provisions with a reach normative content that has been reconstructed in this chapter. The third chapter presents sources of law that are binding in the area of security of nuclear installations. Also structure of those bodies of public administration in Germany was presented, to the competence of which belong issues of the nuclear energy sector. The fourth chapter presents characteristic of the law set by the European Union (Euratom) within the area of nuclear energy. Despite consecutive institutional reforms of European Communities (and of the European Union subsequently), a separation of Euratom has been maintained. Fifth, sixth and seventh chapter concern issues of radioactive waste. Intentionally vast part of this dissertation concerns issues of radioactive waste. It is a highly up-to-date subject, that ignites biggest disputes and is of a vital importance for future generations. This is a result of a circumstance that storage of highly-active radioactive waste will have to continue for at least one million years – thus it is a decision of such a timely perspective, that a constitutional system must set itself against it. The last, eighth chapter presents analysis of a concept of the so-called Restrisiko, i.e. of a risk that cannot be avoided, that has been developed in the jurisprudence of the Federal Constitutional Court in cases concerning the nuclear energy sector. Analysis of this concept has been extended on presenting theory of risk that functions in economics as well as on presenting its application within the concept developed by the Federal Constitutional Court.
Ciulkin-Sarnocińska, Katarzyna. "Surogacja w ujęciu karnoprawnym i kryminologicznym". Phd thesis, 2019. http://hdl.handle.net/11320/8739.
Pełny tekst źródłaThe doctoral dissertation Surrogacy in terms of criminal law and criminology is an interesting approach to the problem of the popular phenomenon of surrogate motherhood. A comprehensive analysis of the issue in terms of criminal law was created due to social and legal needs. The PhD student also made an attempt to assess surrogacy contracts from the point of view of criminal activity, both in terms of the actions of the people directly related to the contract, as well as indirectly. It was taken under consideration whether the signing and performance of a surrogacy contract could be characterized as a crime related to human trafficking, regulated in the provisions of Article 189 of the Penal Code, or as an offense of organizing adoption against the provisions of the Act under Article 211a of the Penal Code. Legal and criminological aspects are inextricably connected with the social dimension of surrogacy. A surrogacy contract entails the transfer of a child, for free or for a fee, from the mother to parents who for various reasons do not want or cannot become parents in the traditional way. The elaboration of the topic Surrogacy in terms of criminal law and criminology aims to deepen practical and theoretical knowledge in the above field, showing the scale of the phenomenon, through the prism of the number of people using the services of surrogate mothers. It should be noted that surrogacy, despite the fact that it is not regulated in the Polish legal system, has not been the subject of wide interest among lawyers and criminologists.
Uniwersytet w Białymstoku. Wydział Prawa
Prokop-Gralińska, Joanna. "Realizacja roszczeń zabużańskich z tytułu pozostawienia nieruchomości poza obecnymi granicami Rzeczypospolitej Polskiej". Phd diss., 2016. http://hdl.handle.net/11089/20194.
Pełny tekst źródłaGofron, Paweł. "Relacje wojewodów krakowskich z samorządem miasta Krakowa w latach 1990-1998". Praca doktorska, 2020. http://bc.upjp2.edu.pl/Content/5020.
Pełny tekst źródłaMurawska-Gutowska, Magdalena. "Opinia biegłego psychologa i seksuologa w postępowaniu karnym: ujęcie teoretyczne i empiryczne". Doctoral thesis, 2021. https://depotuw.ceon.pl/handle/item/4095.
Pełny tekst źródłaMy dissertation contains both theoretical and practical chapters which contain the results of my research. In the first chapter, I am analyzing the institution of an expert witness. In this chapter I also refer to the professional secrecy of an expert witness - its limitations, requirements and circumstances, in which the expert can invoke professional secrecy. The chapter ends with a discussion of the status of an expert witness in other European countries - both in the continental and common law systems. The next chapter discusses the constitutional status of an expert and the conditions that must be met by an entity applying for entry on the list of experts witness. Then, legal regulations regarding the verification of the subject's special knowledge, how to exercise control over experts witness, circumstances that may result in removal from the list of court experts and disciplinary penalties that can be applied to experts are discussed. The final part of the considerations in this chapter is the presentation of data obtained from the Presidents of District Courts in Poland. Next subsections relate to the Act on professions of doctor and dentist and the Act on the profession of the psychologist and the professional self – government of psychologists. The path of education which completion in a positive way is necessary to obtain one of the professional titles was described. Also, further vocational training, including necessary exams. The third of the chapters describes the provisions of procedural law that determine the position of an expert in criminal proceedings. This chapter also discusses the circumstances justifying the appointment of an expert psychologist or expert sexologist during criminal proceedings. In addition, reference was made to specific legal provisions as well as opinions presented by doctrine and case law. The fourth chapter concerns almost entirely the regulations contained in the Act on proceedings against persons with mental disorders posing a threat to life, health or sexual freedom of others. The main subject of the described subsection is the Act. I started this subsection by describing the procedure according in which cases are conducted. Then I focused on the challenges posed to the participants of the proceedings and the phrases used in the act that raise the most controversy and doubts. Similarly to the second chapter, also in the fourth chapter practical elements are included. The practical elements concern the data about the frequency of submitting applications to initiate proceedings provided for in the Act, depending on the District Court. Discussion about the presented data has allowed to formulate conclusions regarding the functioning of the Act and the use by courts in Poland of the possibilities it provides. The penultimate of the chapters is significantly different from the previous ones because it contains an analysis of research and analytical methods used in the work of an expert psychologist and expert sexologist and presents the basic work tool which is the diagnostic interview. The last part of this chapter is a summary of the substantive issues discussed by me in previous chapters - it is a discussion of 15 criminal proceedings before the Regional Court in Sokołów Podlaski and 100 proceedings before the Regional Courts in Warsaw, in which an expert psychologist, expert sexologist or both experts gave their opinions. The last chapter is an attempt to identify the problems and conflicts faced by expert psychologists and expert sexologists involved in criminal proceedings and issuing opinions during its course. The discussion will be an introduction to finding solutions that would be equally satisfactory for all entities involved in criminal proceedings.
Hendzel, Marcin. "Umowa developerska jako instrument realizacji potrzeb mieszkaniowych". Praca doktorska, 2014. https://ruj.uj.edu.pl/xmlui/handle/item/58206.
Pełny tekst źródłaGlinka, Monika. "Bezpieczeństwo organizacyjne funduszy inwestycyjnych - zagadnienia administracyjnoprawne". Doctoral thesis, 2019. https://depotuw.ceon.pl/handle/item/3517.
Pełny tekst źródłaThe doctoral dissertation consists of five chapters, in which the author makes an attempt to identify internal as well as external organizational elements of the safety of open investment funds and to assess their relative impact on the organizational safety of these investment funds in Poland. In this PhD thesis, the following three working hypotheses were adopted: - organizational activity of investment funds is strictly regulated by the legal regulations in the scope of its functioning, as well as controlled by internal bodies and external entities of the investment fund, which should be considered as the most appropriate practice of the legislator, which, due to the numerous competences of these entities and bodies, guarantees increased organizational security and stability of investment funds; - European Union law regulations affect the functioning and operation of investment funds providing their business on the Polish market, imposing ever more restrictions and obligations that lead to increased organizational security of investment funds, and - the supervisory activity of the Polish Financial Supervision Authority over investment funds is very wide, however, it is right that investment funds should be subject to external supervision in the form of an independent state authority - the Polish Financial Supervision Authority, for the purpose of organizational security of investment fund participants and the funds themselves. In the first chapter, the main emphasis was placed on explaining the basic concepts and elements of the financial market as an area in which investment funds run their business and presenting the investment fund as a participant in that market . The second chapter presents the issue of sources of law, which are the basis for the functioning of investment funds, starting from the chronological description of European Union regulations (UCTIS Directive), ending with the national legal regime, indicating de lege lata postulate. The third chapter deals with issues concerning the organizational structure of investment funds, including external entities and internal bodies of the investment funds. This chapter provides a comprehensive study of the operating principles and competences of the investment fund society, the court registering the funds, the depositary and the certified auditor - which are the external entities of the investment fund. Moreover, a similar analysis of the internal fund bodies are here made, including the investors' council, the meeting of investors or the assembly of participants. The subsequent, fourth chapter is devoted entirely to the Polish Financial Supervision Authority, which is central supervisory institution in Poland. This chapter presents a historical outline of this public organisation, shows the basic functions that it performs in the area of financial markets, describes its legal forms of its activity, supervisory competences towards investment fund companies, supervisory competences as part of the creation and operation of investment funds, as well as, supervisory powers in the scope of merger, management takeover, transformation, termination and liquidation of the investment funds. The last, fifth chapter is about legal and comparative nature and has been devoted to the regulation of the investment funds market in country - Germany and the organizational security of German investment funds. For the purposes of this dissertation, the author chose the state - Germany and decided to perform a legal-comparative analysis of the German investment fund system and the German system of supervision over the financial market - Die Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin). At the end of this chapter, the author compares the operations of the Polish and German supervisory authorities and the comparison of German investment funds with Polish investment funds in the context of broadly understood “organizational security”.
Miętek, Agata. "Swoboda umów oraz jej ograniczenia przy kształtowaniu treści stosunku pracy". Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/2576.
Pełny tekst źródłaThe subject of the dissertation is the analysis of issues related to the freedom of contract of parties to an employment contract. The basic framework of the current scope of the freedom of contract of parties to an employment contract to shape its content was created when the Labor Code was introduced, in different political, social and economic conditions. There have been fundamental changes since then creating a new background for discussions on the freedom of contract in employment law. Therefore, four main research questions were formulated. The first question pertains to determination of the legal nature of an employment contract and its connections with public and private law. The second question concerns determination of the normative basis for the principle of freedom of contract in individual employment law and its functioning mechanism. Next, a question was raised about the scope of the freedom of contract in respect of particular elements of the employment relationship. Finally, a fourth question was posed to determine whether the principle of freedom of contract should be recognized as a guiding principle of employment law. Despite research problems, a comprehensive analysis was also aimed at organizing the normative material related to this problem. The analysis led to the following conclusions. Firstly, although it is not possible to generally classify employment law as exclusively private or public law, the same does not apply to the employment relationship, which is a contractual relationship (although it includes elements of public intervention). Secondly, the limitations of the freedom of contract in shaping the content of an employment relationship were partly determined differently than in civil law, although with the use of civil law mechanisms. The freedom of contract applies also in the area of so called employment protection. However, it is more limited in this area. Thirdly, although art. 3531 of the Civil Code in connection with art. 300 of the Labour Code constitutes the legal basis for the freedom of contract of parties to an employment relationship to shape its content, the principle of freedom of contract in its civil meaning does not constitute a guiding principle in the area of shaping the content of an employment relationship where freedom has been granted in the scope which is necessary to effectively realize an employment relationship or does not jeopardize the equality of the parties and employee’s dignity and where the public interference is present in the scope which is justified to protect the equality of the parties to an employment contract and employee’s dignity. The dissertation has been divided into four parts covering eight chapters. The first part (Chapters I and II) presents the historical process during which employment law was separated as an independent branch of law, the material scope of the concept of an employment relationship and the sources of shaping its content. The second part (Chapters III) presents the scope of the freedom of contract in contractual civil law relationships as well as the axiological and normative background justifying application of the principle of freedom of contract. The main content of dissertation is contained in third part (Chapters IV – VII), which provides a comprehensive analysis of the legal norms concerning the freedom of contract. The theoretical considerations contained in the first three parts of the work are used in the fourth part (Chapter VIII) to perform a practical analysis of particular elements of the content of an employment relationship. The dissertation ends with a synthetic summary. In the dissertation, a historical and formal-dogmatic method of research was used. Their choice was justified by the purposes of the dissertation.