scholarly journals The Concept of the Normative Dereification of an Animal in Polish Law

2021 ◽  
Vol 30 (5) ◽  
pp. 413-427
Author(s):  
Grzegorz Lubeńczuk
Keyword(s):  
2013 ◽  
Vol 62 (1) ◽  
pp. 85-95 ◽  
Author(s):  
Elzbieta Bielecka ◽  
Agnieszka Zwirowicz-Rutkowska

Abstract One of the more important elements of spatial information infrastructure is the organisational structure defining the obligations and dependencies between stakeholders that are responsible for the infrastructure. Many SDI practitioners and theoreticians emphasise that its influence on the success or failure of activities undertaken is significantly greater than that of technical aspects. Being aware of the role of the organisational structure in the creating, operating and maintenance of spatial information infrastructure (SII), Polish legislators placed appropriate regulations in the Spatial Information Infrastructure Act, being the transposition of the INSPIRE Directive into Polish Law. The principal spatial information infrastructure stakeholders are discussed in the article and also the scope of cooperation between them. The tasks and relationships between stakeholders are illustrated in UML, in both the use case and the class diagram. Mentioned also are the main problems and obstructions resulting from imprecise legal regulations.


2021 ◽  
Vol 11 (4) ◽  
pp. 1889 ◽  
Author(s):  
Agnieszka Micek ◽  
Krzysztof Jóźwiakowski ◽  
Michał Marzec ◽  
Agnieszka Listosz ◽  
Tadeusz Grabowski

The results of research on the efficiency and technological reliability of domestic wastewater purification in two household wastewater treatment plants (WWTPs) with activated sludge are presented in this paper. The studied facilities were located in the territory of the Roztocze National Park (Poland). The mean wastewater flow rate in the WWTPs was 1.0 and 1.6 m3/day. In 2017–2019, 20 series of analyses were done, and 40 wastewater samples were taken. On the basis of the received results, the efficiency of basic pollutant removal was determined. The technological reliability of the tested facilities was specified using the Weibull method. The average removal efficiencies for the biochemical oxygen demand in 5 days (BOD5) and chemical oxygen demand (COD) were 66–83% and 62–65%, respectively. Much lower effects were obtained for total suspended solids (TSS) and amounted to 17–48%, while the efficiency of total phosphorus (TP) and total nitrogen (TN) removal did not exceed 34%. The analyzed systems were characterized by the reliability of TSS, BOD5, and COD removal at the level of 76–96%. However, the reliability of TN and TP elimination was less than 5%. Thus, in the case of biogenic compounds, the analyzed systems did not guarantee that the quality of treated wastewater would meet the requirements of the Polish law during any period of operation. This disqualifies the discussed technological solution in terms of its wide application in protected areas and near lakes, where the requirements for nitrogen and phosphorus removal are high.


2018 ◽  
Vol 299 ◽  
pp. 91-98
Author(s):  
Maria Witewska ◽  

The article aims at presenting the topic of cognitive interview (CI) taking into account its advantages and disadvantages, as well as the usefulness of its application in Polish law enforcement during pre-trial proceedings. Due to the wide application of this method of questioning, mainly in countries with the common law judicial systems, it is worth considering which of the achievements of combined science and practice from Western Countries may be adapted in Poland. Are there any contraindications to conduct interviews by means of this method? If not, the question arises – what benefits it can bring to Polish practice.


2021 ◽  
pp. 171-186
Author(s):  
Mariusz Tomasz Kłoda ◽  
Katarzyna Malinowska ◽  
Bartosz Malinowski ◽  
Małgorzata Polkowska

Work on the content of the law on space activities has been going in Poland for several years. So far, the drafters have not directly referred to the issue of space mining in the content of the proposed legal act. In this context, it is worth asking whether it is valuable and permissible, in terms of international space law and EU law, to regulate in the future (Polish) law on space activity the matter of prospecting, acquiring and using space resources, i.e. so-called space mining. If space mining were regulated in the Polish space law, Poland would not be the first country to do so. The discussed issues have already been regulated in the national space legislation of the USA, Luxemburg, UAE and Japan. This paper will analyze the issues of space mining as expressed in the current drafts of the Polish space law and foreign space legislation, of space mining as a means of achieving various goals and of the compatibility of space mining with international space law and EU law.


2021 ◽  
Vol 3(164) ◽  
pp. 143-165
Author(s):  
Piotr Stanisz

The purpose of the present study is to analyse the restrictions on the freedom of religious worship introduced by the Polish executive authorities in the face of the spreading COVID-19 epidemic. The analysis aims to answer questions not only concerning the conformity of these actions with the Constitution of the Republic of Poland and statutory laws, but also pertaining to the issue of the level of preparation of Polish law for an epidemic. In reference to these questions, the author concludes that the introduction of restrictions on the freedom to manifest religion by acts of worship in the regulations issued by the Minister of Health and the Council of Ministers exceeds the bounds of statutory authorisation and is inconsistent with the Polish Constitution. According to the Constitution of the Republic of Poland, passing a law remains the only admissible way of introducing restrictions on the freedom of manifestation of religion, and there are no exceptions to this rule even in states of emergency. On the other hand, the author also points out that if the effectiveness of combating this kind of epidemic really depends on possibility of introducing the above-mentioned restrictions without a long legislative process, it means that Polish executive authorities have been confronted by the constitutional legislator and the legislature with a choice between being efficient and acting in conformity with the Constitution and statutory laws. Therefore, the article postulates that it is necessary to make deep changes to the current law. Elaborating a broad concept of these changes requires further analysis, and the relevant discussion needs to take into account the experience gained so far in combating the coronavirus epidemic, the importance of freedom of thought, conscience and religion, and the solutions adopted in other countries. A clear and balanced, as well as properly sequenced and democratically justified specification of the rules that should be followed by the executive when introducing restrictions related to the spread of the epidemic, even with regard to such important values as the freedom to manifest religion through acts of worship, is undoubtedly more appropriate than formally ruling out the possibility of taking action that may turn out necessary in the future.


2020 ◽  
Vol 65 (1) ◽  
pp. 121-132
Author(s):  
Dariusz Kużelewski

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.


2017 ◽  
Vol 73 (10) ◽  
pp. 661-665
Author(s):  
Katarzyna Olbrych ◽  
Karolina Barszcz ◽  
Bartłomiej Bartyzel ◽  
Tomasz Szara ◽  
Marta Kupczyńska

Summary The European bison belongs to endangered species. Its restitution requires a complete knowledge of the structure and function of its genital organs. The aim of this study was a histological and morphometric examination of the uterus of immature and adult females. Material for the study came from 55 females living in the Białowieża Forest. According to the Polish law, the post mortem use of tissues does not require an approval from an ethics committee. The animals were divided into 2 groups: group I included 36 prepubertal females aged from 2 months to 1.5 years, while group II consisted of 19 sexually mature females aged 2 to 20 years. The samples were stained with haematoxylin and eosin (H&E). Histological and morphometric examinations included measurements of the height of the epithelium, thickness of the endometrium, thickness of the myometrium, thickness of the inner and outer muscular layers, and thickness of the perimetrium. The results were analyzed using the STATISTICA 12.0™ software. Statistically significant differences were found between the two groups in all morphometric parameters examined. The results revealed a high degree of similarity of the histological structure of the uterus between European bison and domestic cattle.


2017 ◽  
Vol 52 (1) ◽  
pp. 57-71
Author(s):  
Maciej Etel

Abstract The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?


2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.


2017 ◽  
Vol 4 (2) ◽  
pp. 237
Author(s):  
Dariusz Fuchs

THE NOTION OF RISK AND ITS PLACEMENT IN THE COMMERCIAL INSURANCE LAWSummaryThe article presents the notion of risk in the act on insurance activity, the adoption of which constitues an example of the absorption acquis. It has been noticed that the notional dispersion of risk present in the Polish law is inevitable even if certain connotations may bring about some reservations. A specific example of an implementation of the community law is the concept of placement of risk, which has two main functions in the Polish legal system: it is a connecting factor indicating relevant norms of competence and it serves as legal limitations for the supervisory body within the community freedom of rendering services. A review of the Polish legislation in this respect made the author to formulate remarks de lege ferenda. 


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