Polskie i estońskie uregulowania prawne dotyczące zwierząt bezdomnych (bezpańskich)

<p>The article is of a scientific research nature and its main aim is to compare Polish and Estonian legal regulations on homeless (stray) animals and to evaluate them and formulate optimisation proposals. The analysis of national regulations was preceded by findings on how the issue in question is regulated in international law and EU law. The issue needs to be addressed due to the fact that the problem of the protection of homeless animals, despite the ever-increasing number of such animals, has been marginalised in all the legal orders discussed in this text. In any case, both in Poland and Estonia, their normative solutions are focused more on remedying the effects than on preventing the causes of the problem of homelessness of animals. Moreover, it is extremely rare that this issue becomes the subject of in-depth scientific analysis. Therefore, the intention is that the dissemination of previously unpublished research results will help develop an optimal model for the administrative-law protection of homeless animals and will raise the degree of public awareness of the legal protection of animals, which is one of the conditions for further progress in civilisation.</p>

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Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

Studia Iuridica Lublinensia ◽

10.17951/sil.2020.29.4.189-207 ◽

2020 ◽

Vol 29 (4) ◽

pp. 189

Author(s):

Paweł Majka

Keyword(s):

International Law ◽

Degree Of Saturation ◽

Tax Law ◽

Legal Regulations ◽

Legal Norms ◽

The Subject ◽

The Law ◽

Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

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Legal Protection of Aero-Medical Evacuation in War-Time

International Review of the Red Cross ◽

10.1017/s0020860400089725 ◽

1966 ◽

Vol 6 (64) ◽

pp. 343-361

Author(s):

E. Evrard

Keyword(s):

International Law ◽

The development of customs law in the scope of Eurasian integration

Law Enforcement Review ◽

10.24147/2542-1514.2018.2(3).72-77 ◽

2018 ◽

Vol 2 (3) ◽

pp. 72-77

Author(s):

A. Algazina

Keyword(s):

Public Relations ◽

International Law ◽

Social Relations ◽

Administrative Law ◽

Scientific Methods ◽

General Scientific ◽

The Subject ◽

Russian Law ◽

The Relationship ◽

Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

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The Authority of Internal Auditor to Prevent Corruption Committed by Civil Servants and Government Official

Jambe Law Journal ◽

10.22437/jlj.2.2.139-162 ◽

2020 ◽

Vol 2 (2) ◽

pp. 139-162

Author(s):

Helmi Helmi ◽

Iskandar Iskandar

Keyword(s):

Law Enforcement ◽

Legal Protection ◽

Internal Audit ◽

Law Enforcement Officers ◽

Administrative Law ◽

Civil Servants ◽

Financial Loss ◽

Government Officials ◽

Internal Auditor ◽

The Subject

Internal audit is significant to guarantee and ensure the enforcement of laws and regulations as well as to prevent power abuse by civil servants or government officials that may cause financial loss for the country. The purpose of this study is to provide an overview of the authority of internal audit, to describe how this authority is regulated, to depict the authority to prevent power abuse, and to illustrate the protection over and enforcement of administrative law on allegation of power abuse. This study is a normative juridical study analyzing primary and secondary legal material relevant to the subject under study. The result of the study reveals that the authority of internal audit has been set in various legal products. The operating procedures for legal protection over allegation of arbitrary behavior against civil servants or government officials are filing an objection or an appeal against the discovery of the internal audit. If the case is not a subject of investigation of law enforcement officers the accused may contest the finding to Administrative Court and request the judge to review the finding. If the accused is proven to be guilty of abusing power that causes financial loss for the state and, thus, be sentenced for the alleged conduct (inkracht), he or she shall be immediately dismissed from his/her position. The regulation posits that officer who ignores the verdict and continues to keep the defendant on his/her position shall be penalized.

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The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

Opolskie Studia Administracyjno-Prawne ◽

10.25167/osap.1234 ◽

2017 ◽

Vol 15 (4) ◽

pp. 85-99

Author(s):

Marta Woźniak

Keyword(s):

International Law ◽

Public Administration ◽

Administrative Law ◽

Constitutional Court ◽

Eu Law ◽

The Public ◽

The Republic ◽

The Relationship ◽

Domestic Law ◽

The Eu

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.

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Correlation between the subject offense and the complainant from the perspective of the general theory of law

Юридические исследования ◽

10.25136/2409-7136.2021.6.35823 ◽

2021 ◽

pp. 35-42

Author(s):

Lyudmila Valerievna Starodubova

Keyword(s):

General Theory ◽

Public Relations ◽

Negative Impact ◽

Legal Protection ◽

Great Majority ◽

Administrative Law ◽

Legal Literature ◽

The Subject ◽

Theory Of Law

  This article examines the correlation between such concepts as the “subject of offense” and “complainant” within the framework of the general theory of law. The modern legal literature features sufficient research on this topic, however does not [au due attention to the object of illegal encroachment, although namely this question is most controversial and ambiguous in the theory of violation of law. Moreover, the great majority of theoreticians dealing with delinquency carry out their research within the framework of sectorial legal sciences, first and foremost, of the sciences of criminal and administrative law. The general theory of state and law should be fundamental, methodological science that dictates its view upon the concepts and ideas, which is further perceived by the sectoral sciences. The acquired results allow concluding that the subject of offense is the elements of matter under the legal protection, the negative impact of which inflicts harm to public relations; and the complainant is the element of legal relations that from its perspective cannot act as neither the object nor subject of legal relations. Through illegal encroachment on the complainant, the offender causes harm to the protected by law public relations as a whole.  

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Analiza regulacji prawnych w zakresie wykorzystania GMO

Przegląd Prawa i Administracji ◽

10.19195/0137-1134.108.12 ◽

2017 ◽

Vol 108 ◽

pp. 157-168

Author(s):

Martyna Stępień

Keyword(s):

Genetic Engineering ◽

International Law ◽

Biological Diversity ◽

Convention On Biological Diversity ◽

Legal Regulations ◽

Eu Law ◽

International Regulations ◽

The Creation ◽

Polish Law ◽

The Eu

ANALYSIS OF LEGAL REGULATIONS RELATIVE TO THE USE OF GMOSThe aim of this article is to present and analyse the regulation of international law, EU law and Polish law, related to GMOs. The most important moment for the creation of international regulations was the adoption of the Convention on Biological Diversity. Within the EU there are lots of directives and regulations to protect against the risks related to the use of GMOs. In Poland there is the lack of acomprehensive law in the field of genetic engineering, currently there are several acts adopted in the form of alaw, which relate to various aspects of GMOs.

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Prawna ochrona zwierząt łownych a instrumenty zwalczania afrykańskiego pomoru świń

10.31338/2544-3135.si.2021-88.10 ◽

2021 ◽

pp. 187-210

Author(s):

Monika A. Król

Keyword(s):

Legal Protection ◽

African Swine Fever ◽

Careful Analysis ◽

Legal Regulations ◽

Wild Boars ◽

Wild Game ◽

Animal Diseases ◽

Disease Occurrence ◽

The Subject ◽

Mutual Relations

Due to the occurrence of the second genotype of African Swine Fever (ASF) virus in Europe, the situation today causes a threat to the species through the use of sanitary shooting of wild boars in the areas of disease occurrence, and as a consequence their depopulation. The purpose of the study is to assess EU and Polish legal regulations relating to the protection, preservation of diversity and management of wild game populations and combating of infectious animal diseases, which are subject to the obligation to combat. The researchers’ question in this paper concerns the mutual relations of these legal regulations and legal instruments for the valuable protection of the biosphere in hunting in connection with the occurrence of the disease. The subject of careful analysis was the search for manifestations of the implementation of the legal protection of wild game as a nationwide good, particularly relating to one category of wild game – wild boars, in a situation of epizootic danger.

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EU Sanctions against Russia: Features of the Legal Mechanism

Russian Journal of Legal Studies ◽

10.17816/rjls18375 ◽

2018 ◽

Vol 5 (3) ◽

pp. 17-21

Author(s):

O M Meshcheryakova

Keyword(s):

International Law ◽

Eu Law ◽

Present Stage ◽

Distinctive Features ◽

Legal Norms ◽

Legal Problems ◽

The Subject ◽

Legal Mechanism ◽

First Time ◽

Domestic Law

The article is devoted to the examination of the new stage of EU. The aim of the article is to analyze legal problems related to the formation of modern EU law international and integration law in the context of globalization, the place of integration law in the system of the legal international law and the formation of Russia’s overall international policy.Scope of the article is the norms of integration law, international law, European Union (EU) law and domestic law, aimed at solving these problems and the features of the legal mechanism of sanctions of EU at the present stage of the development of EU law.The article analyses the perspectives of the further transformation of the alliance, including the prospects of the elaboration of the new strategic concept.Author’s reasonable position relies on the legislation and opinions of the competent scientif ic environment on the question of patterns of the development of the subject in point. Based on the analysis of legal norms, the distinctive features of the development of the concept of «sanction» are differentiated regarding globalization and the formation of integration communities caused by it.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.The analysis at the article of the formation of a new legal international and integration law and of integration law carried out in the article and its connection with the practice is for the first time conducted in the Russian legal science. Its provisions can be used in further studies on issues of integration, international, European and comparative law.The research revealed the importance of integration communities for the development of international law.

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Legal Status of Animals in Poland

Studia Iuridica Lublinensia ◽

10.17951/sil.2021.30.3.119-131 ◽

2021 ◽

Vol 30 (3) ◽

pp. 119-131

Author(s):

Emil Kruk

Keyword(s):

Legal Status ◽

Human Life ◽

Legal Protection ◽

Social Awareness ◽

Legal Regulations ◽

Optimal Model ◽

Legal Science ◽

The Social ◽

Human Attitude ◽

The Way

The article is of a scientific and research nature and it is aimed primarily at outlining the legal status of animals and to what extent legal regulations governing this status determine the level of humane protection of animals in Poland. To achieve this goal, first of all, the concept of “animal” needed to be made more specific, the principle of dereification discussed and its normative scope outlined, and the characteristics of an animal as a specific tangible good needed to be presented. The need to address the issue is determined primarily by the awareness that the way of human life and human attitude to animals has been changing with the development of civilisation. In any case, the changes that have taken place in this area in recent decades make the title issue topical and conducive to verify previous findings. It is assumed that the research carried out will contribute to the development of an optimal model of legal protection of animals and to the development of legal science. The very dissemination of the results is to raise the social awareness of the legal status of animals, which is one of the conditions of further progress of civilisation.

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