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.

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 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.

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

Colonial Charters: Possessory or Regulatory?

2018 ◽  
Vol 36 (2) ◽  
pp. 355-381 ◽  
Author(s):  
James Muldoon
Keyword(s):  
Fifteenth Century ◽  
Canon Law ◽  
New World ◽  
International Conflict ◽  
Indigenous Population ◽  
Specific Region ◽  
Legal Order ◽  
Fundamental Issue ◽  
Legal Tradition ◽  
Indigenous Land

Historians have argued that sixteenth and seventeenth century English colonial charters claimed the lands of indigenous people on the basis of their discovery by Europeans. Examination of these charters, however, demonstrates that a charter authorized acquiring land from the indigenous population in a specific region, not seizing indigenous it, and regulating the entry of other potential settlers. Charters also regulated overseas relations among the European nations to reduce or prevent international conflict by recognizing similar claims to monopoly of access to lands claimed by other developing empires. Charters were rooted in a medieval legal tradition that included canon law commentaries that recognized the legitimacy of infidel dominium and papal bulls that sought to regulate fifteenth-century Iberian expansion in the Atlantic. English charters built on this legal tradition and were a stage in the creation of a European legal order for overseas expansion. The fundamental issue was regulation of the sea and sea routes to Asia and to the New World, not the acquisition and possession of indigenous land. The English charters should be understood as elements of the long-running debate about whether access to the sea was open to all or could be closed to outsiders.

scholarly journals THE IDEA OF LAW AS AN UNKNOWN PHENOMENON OF LAW ENFORCEMENT

2019 ◽  
Vol 29 (4) ◽  
pp. 522-529
Author(s):  
O.A. Puchkov
Keyword(s):  
Law Enforcement ◽  
Individual Rights ◽  
Law Enforcement Agencies ◽  
Application Of Law ◽  
Judicial Decisions ◽  
Positive Law ◽  
Personal Rights ◽  
Constitutional Justice ◽  
Per Se ◽  
Post War

The article is devoted to the concepts of the idea of law and law enforcement. The author justifies the idea that the application of law should be based on the idea of law. Modern trends in law enforcement convince that since the post-war period, law enforcement agencies (and, above all, the courts) increasingly make decisions and sentences not only on the basis of the norms of positive law, but also guided by the norms of morality, ethics, principles of respect for individual rights and freedoms. The idea of law is a concept in which the imperative is expressed in a concentrated form, implying the observance of personal rights and freedoms, morals and ethics, etc., by state bodies. The influence of the idea of law on law enforcement can give the latter properties that correspond to the modern ideas of justice and morality of law. On the basis of the analysis of acts of constitutional justice and judicial precedents, the author proves that judicial decisions and other law-enforcement acts, adopted under the influence of the idea of law, acquire new qualities that allow them to dynamically exert a positive legal impact. As a result, the acts of law enforcement can be considered as a law per se.

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.

Prospects for Central-Eastern Europe to end-2020

2020 ◽  
Keyword(s):  
Eastern Europe ◽  
Health Systems ◽  
Individual Rights ◽  
State Of Emergency ◽  
Content Type ◽  
Central Eastern Europe ◽  
Central Eastern

Subject Prospects for Central-Eastern Europe to end-2020. Significance Across Central-Eastern Europe (CEE), there is variation in how measures against the COVID-19 pandemic are being implemented, how robust health systems are and how elites choose to consider individual rights during a state of emergency. All countries applied stringent lockdown measures, but in some the restrictions are more numerous and longer-lasting.

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