scholarly journals Public Burdens in Situations of Constitutional Emergency

2021 ◽  
Vol 3 ◽  
pp. 83-109
Author(s):  
Marcin Jerzy Konarski
Keyword(s):  
Natural Disaster ◽  
Martial Law ◽  
State Of Emergency ◽  
The Subject

The aim of this article is to analyse issues related to extraordinary measures (martial law, a state of emergency or a state of natural disaster) provided for by the Polish Constitution. The subject of the research concerns the duty to provide personal and in-kind contributions (public burdens) in the event of the introduction of one of extraordinary measures. The author focused his attention on the nature of these contributions in relation to each of extraordinary measures, analysing their subjective and objective scope, the procedure, as well as the principles and mode of remuneration for and compensation of losses resulting from the duty to bear these burdens in situations of extraordinary measures.

scholarly journals Stany nadzwyczajne stan wojenny, stan wyjątkowy, stan klęski żywiołowej w konstytucji Rzeczypospolitej Polskiej

2016 ◽  
Vol 106 ◽  
pp. 19-27
Author(s):  
Marcin Miemiec
Keyword(s):  
Crisis Management ◽  
Natural Disaster ◽  
Legal System ◽  
The State ◽  
Public Order ◽  
Martial Law ◽  
State Of Emergency ◽  
Emergency Situations ◽  
States Of Emergency ◽  
Democratic State

EXTRAORDINARY MEASURES MARTIAL LAW, STATE OF EMERGENCY, STATE OF NATURAL DISASTERThe Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

scholarly journals Pomoc finansowa podmiotów prywatnych udzielana jednostkom w stanach nadzwyczajnych

2016 ◽  
Vol 106 ◽  
pp. 269-280
Author(s):  
Joanna Czesak
Keyword(s):  
Financial Aid ◽  
Natural Disaster ◽  
Text Messages ◽  
Martial Law ◽  
State Of Emergency ◽  
Bank Account ◽  
New Public

FINANCIAL AID PROVIDED BY PRIVATE PERSONS TO ENTITIES DURING EXTRAORDINARY MEASURESIn Financial Aid Provided by Private Persons to Entities during extraordinary measures, several forms of help wire transfers, bank account deposits, charity text messages, crowdfunding are discussed. In particular, the article is focused on public fundraising events governed under the Act on the Rules of Public Fundraising dated 14th of March 2014. The analysis also refers to the no longer binding Act on Public Fundraising Events dated 15th of March 1933. Thediscussion is related to the rules of public fundraising during the period of martial law and state of emergency due to natural disaster. The article presents new public fundraising rules, especially the fundraising entity’s obligation to report afundraising event on the portal of public fundraising events.

scholarly journals Ograniczenie konstytucyjnych wolności i praw osobistych w czasie trwania stanów nadzwyczajnych

2016 ◽  
Vol 106 ◽  
pp. 173-191
Author(s):  
Mariusz Jabłoński
Keyword(s):  
Natural Disaster ◽  
Legal Order ◽  
Individual Rights ◽  
Fundamental Issue ◽  
Martial Law ◽  
State Of Emergency ◽  
Personal Rights

LIMITATION OF CONSTITUTIONAL FREEDOMS AND PERSONAL RIGHTS DURING EXTRAORDINARY MEASURESThe fundamental issue raised in this elaboration comes down to an attempt at identifying the character and content of constitutional guarantees of freedom and individual rights during extraordinary measures martial law, state of emergency and natural disaster. Three essentials in immanent connection are raised in this respect: constitutional conception of freedom and personal rights, principles and values legalizing the limitations in constitutional guarantees of freedom and individual rights and particular constitutional guarantees excluding the ability of constricting some specific liberties and rights during extraordinary measures. The intention of this analysis is to establish whether the existing solutions at the level of RP Constitution arrangements indeed ensure the system not being edited in terms of the particular category of freedom and individual rights in Polish legal order.

Project rAn:  Games to promote awareness of natural disasters in young students

2021 ◽  
Author(s):  
Jose Saraiva ◽  
Priscila Doran ◽  
Rosa Doran
Keyword(s):  
Natural Disasters ◽  
Natural Disaster ◽  
Serious Game ◽  
Early Age ◽  
Human Settlements ◽  
Complex Interactions ◽  
The Earth ◽  
The Subject ◽  
Young Students

<p>The Earth is an amazing planet. However, it is also an unpredictable and wild one – part of its many charms. Atmosphere, hydrosphere, geosphere are alive, and can unleash awesome forces on the whole planet, including the biosphere, of which we humans are part. It’s important to make young students aware of the fact that we all live in a planet that was not made specifically for humans, and that it is absolutely imperative that our species learns to respect it and its rhythms and cycles.</p><p>Human settlements are often located in pleasant areas, with little or no concern about their vulnerability to natural disasters. Authorities, local, regional and national, should make preparations to prevent and mitigate their occurrence, of course. But at least as important is the need to create awareness in the citizens, so they can face any disaster and react in a calm and orderly way. That task must begin at an early age. Other than learning to deal with natural disasters and avoiding panic, schoolkids can exert a powerful influence in the adult members of their families and alert them to the measures they should adopt to prepare for any future occurrence.</p><p>In project rAn, EU-funded, we aim to develop a serious game, adjusted to the age of the targets, that will teach them about four types of natural disaster (earthquakes, floods, fires and storms) and make them aware of how to prepare and react in case of one of them striking their city or village. The game will be easy to play, and given the small age of the players will not feature complex interactions. It will include contributions from teachers and groups of students from all Europe, that will be challenged to create small games on the subject, using the Scratch language.    </p>

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

scholarly journals Permanent Economic Emergency in Argentina and its Constitutional Implications

2021 ◽  
Vol 13 (2) ◽  
pp. 87
Author(s):  
Juan Santiago Ylarri
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Judicial Review ◽  
Emergency Situation ◽  
Two Dimensions ◽  
State Of Emergency ◽  
Court Of Justice ◽  
Legislative Delegation ◽  
The Subject ◽  
Broad Consensus

There is broad consensus among legal scholars about the existence of a permanent economic emergency in Argentina. This article examines the origin of the doctrine of economic emergency and its evolution in the Argentine Supreme Court of Justice decisions. Various regulatory devices implemented to face the economic crises are analyzed, and it is emphasized that the declaration of a state of emergency has not been made only by means of Congress formal legislation, but through the legislative powers of the President. The requirements for the validity of regulations of emergency are set forth in this article, including the actual existence of a state of emergency, a public interest, that the measure be reasonable, and the provisional nature of the emergency. Considering that courts have not exerted proper judicial review over the regulations of emergency, guideli¬nes to implement adequate judicial review over the subject at issue are presented. It is stated that the declaration of economic emergency and the factual circumstances underlying such declaration is a question subject to judicial review. In exercising the judicial review about this issue, two dimensions may be considered. First, timing, and, second, the correlation that must exist between a regulation —law, legislative delegation, or a decree of necessity and urgency— and the emergency situation it is intended to fight against. Finally, specific features of judicial review depending on the type of regulation that has declared the emergency are studied.

scholarly journals Researching natural disaster preparedness through health behavioral change models

2019 ◽  
Vol 14 (1) ◽  
pp. 51-63 ◽  
Author(s):  
Asnarulkhadi Abu Samah, PhD ◽  
Zeinab Zaremohzzabieh, PhD ◽  
Hayrol Azril Mohamed Shaffril, PhD ◽  
Jeffrey Lawrence D’Silva, PhD ◽  
Syafila Kamarudin, MA, PhD Candidate
Keyword(s):  
Comparative Analysis ◽  
Natural Disaster ◽  
Behavioral Change ◽  
Disaster Preparedness ◽  
Individual Risk ◽  
Change Models ◽  
Individual Health ◽  
Disaster Preparation ◽  
The Subject ◽  
Lack Of Knowledge

There have been an increasing number of studies conducted on community preparedness, particularly on changing individual health behaviors in ways that minimizes individual risk to cope with the stress of a natural disaster. A variety of behavioral change theories and models used by disaster academics scrutinize the manner in which individual behavior is sought and transformed into disaster preparedness. This reflects the lack of knowledge about how these models identify certain behaviors regarding natural disaster preparation. This article seeks to address this lack of knowledge. It presents a set of health behavioral change models that can be used by scholars to comprehend variation in the nature and extent of individual disaster preparedness. The purpose of this study is to provide a review of the existing models on the subject, and also to present a comparative analysis of the models that may contribute to ways of understanding the investigation on natural disaster preparedness behaviors.

scholarly journals Problematic issues of legal regulation of the grounds for introduction special conditions in the institutions of the penal system of Russia and ways to solve them

2019 ◽  
Vol 13 (3) ◽  
pp. 347-355
Author(s):  
D. V. Gorban’ ◽  
◽  
Keyword(s):  
Legal Regulation ◽  
Penal System ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Operational Environment ◽  
Martial Law ◽  
State Of Emergency ◽  
Detention Centers ◽  
Penal Institutions ◽  
Capture And Release

In practice of institutions and bodies of the penal system arise situations in which their normal activities are temporarily interrupted and they become the so-called special order of functioning. These are: natural disasters, riots of convicts, accidents, announcement of the state of emergency or imposing martial law, group disobedience of convicts, capture and release of hostages in the territory of a correctional institution, search and detention of convicts who escaped from a correctional institution, fires. In the event of these abnormal situations the operational environment is sharply complicated, and there are grounds for introducing special conditions in correctional institutions as well as pre-trial detention centers. The special conditions regime is a complex of organizational measures introduced when a state of emergency, martial law and special situations are established in the area of the correctional institution, as well as in the event of mass unrest or group disobedience of convicts. The study of the problematic issues of introducing this regime is an urgent area of research in modern penitentiary science. The article presents an attempt to comprehensively review the practical issues of introducing special conditions in penal institutions. The author considers it possible to supplement the list of grounds enshrined in the law for introducing a special conditions regime with a few more and makes suggestions for improving the current penal legislation.

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