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 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 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 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

Lobbying Allies? The NSZZ Solidarność Coordinating Office Abroad, 1982–1989

2011 ◽  
Vol 13 (3) ◽  
pp. 83-125 ◽  
Author(s):  
Idesbald Goddeeris
Keyword(s):  
Financial Aid ◽  
Trade Union ◽  
International Institutions ◽  
The United States ◽  
Western World ◽  
International Labor Organization ◽  
Martial Law ◽  
International Labor ◽  
Polish Crisis ◽  
Set Up

After the proclamation of martial law in Poland in December 1981, a Solidarność Coordinating Office Abroad was set up. Led by Jerzy Milewski, the organization eliminated any internal opposition and succeeded in being recognized by most Western partners as the foreign representative of Solidarność. The Coordinating Office received most of its financial aid from trade union internationals and from the United States. Initially, the Coordinating Office was active mainly within international institutions such as the Conference on Security and Cooperation in Europe and the International Labor Organization. From 1984 onward, the organization sought to influence senior politicians and governments and became an important reminder to the Western world of the Polish crisis, as well as providing financial and material aid to the banned Polish trade union. However, it did not have a definitive impact on policymaking and remained largely dependent on its allied organizations.

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.

Human and Civil Rights and Freedoms in a State of Natural Disaster and Epidemic Emergency

2021 ◽  
Vol 13 (1) ◽  
pp. 133-142
Author(s):  
Robert Socha ◽  
António Tavares
Keyword(s):  
Civil Rights ◽  
Natural Disaster ◽  
Civil Liberties ◽  
World Health Organisation ◽  
The State ◽  
World Health ◽  
State Of Emergency ◽  
States Of Emergency ◽  
The Social ◽  
The Republic

On 11th March 2020, the World Health Organisation (WHO) declared a state of pandemic. In turn, on 21 March 2020, the Minister of Health, by way of a regulation, declared a state of epidemic in the territory of the Republic of Poland. At the same time, the decision resulted in the introduction of many restrictions concerning, inter alia, freedom of movement, assembly and trade. At the same time, discussions started on the constitutionality of the introduced restrictions on civil liberties. Having the above in mind, the aim of this article is to present the correlation in the sphere of limiting or suspending civil liberties in a state of emergency, such as a state of natural disaster, and in “non-emergency” states, such as a state of epidemic threat and a state of pandemic. Although the word “state” appears in the three mentioned legal situations, the state of natural disaster, as one of the three constitutional states of emergency, creates a different legal and socio-political situation than the state of epidemic threat or the state of pandemic. A common feature of the above-mentioned events, however, is that they became a fundamental disruption of the social context of individual and group functioning in connection with the occurrence of a human infectious disease.

scholarly journals Emergencies: on the misuse of government powers

Public Choice ◽  
2021 ◽  
Author(s):  
Christian Bjørnskov ◽  
Stefan Voigt
Keyword(s):  
Human Rights ◽  
Natural Disasters ◽  
Natural Disaster ◽  
The State ◽  
Unexpected Result ◽  
Negative Effects ◽  
State Of Emergency ◽  
Presidential Democracies

AbstractNine out of 10 constitutions contain explicit emergency provisions, intended to help governments cope with extraordinary events that endanger many people or the existence of the state. We ask two questions: (1) does the constitutionalization of emergency provisions help governments to cope with disasters and other extraordinary events? (2) What particular parts of emergency constitutions fare best? We find that the more advantages emergency constitutions confer to the executive, the higher the number of people killed as a consequence of a natural disaster, controlling for its severity. As this is an unexpected result, we discuss a number of potential explanations, the most plausible being that governments use natural disasters as a pretext to enhance their power. Furthermore, the easier it is to call a state of emergency, the larger the negative effects on basic human rights. Interestingly, presidential democracies are better able to cope with natural disasters than parliamentary ones in terms of lives saved, whereas autocracies do significantly worse in the sense that empowerment rights seriously suffer in the aftermath of a disaster.

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