scholarly journals Kryminalizacja pośrednictwa ubezpieczeniowego w prawie karnym gospodarczym

2018 ◽  
Vol 48 ◽  
pp. 147-167
Author(s):  
Piotr Ochman ◽  
Sebastian Solecki
Keyword(s):  
Criminal Law ◽  
Insurance Market ◽  
Economic Law ◽  
Insurance Intermediation

Criminalization of insurance intermediation in criminal economic lawThe subject of the article is the analysis of criminal laws criminalizing insurance intermediation in Poland. This is an issue that falls under the dogmatic considerations of criminal economic law in the aspect of protecting the statics of economic turnover, i.e. its basic structures and institutions. The evolution of the criminalization of this sector of the insurance market, the genesis of current criminal law regulations as well as critical remarks to the latest penal provisions of the Insurance Distribution Act will be presented. The analyzes will be the basis for presenting de lege lata’s comments and the de lege ferenda proposal.

scholarly journals Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Polish Literature ◽  
The Public ◽  
Public Economic ◽  
Economic Law ◽  
Definition Of ◽  
Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce

2011 ◽  
pp. 255-271
Author(s):  
Takeshi Kawana
Keyword(s):  
Criminal Law ◽  
Legal Issues ◽  
Economic Stability ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Legal Principles ◽  
Economic Law ◽  
Legal Structure ◽  
National Economic ◽  
Private And Public

The purpose of this chapter is to examine international jurisdiction and choice of law for e-commerce involving economic legal issues. International jurisdiction and choice of law will be determined under private legal principles, but as e-commerce involves economic law as a law to ensure national economic stability, the court may consider economic law with both private and public legal functions. At that time there may be some conflict of law involving state economic policy, and it must be considered how to coordinate the conflict and create a universal legal structure for non-territorial cyberspace. This chapter will propose three layers of legal structure for e-commerce: the private law layer, the economic law layer, and the criminal law layer, all of which have perspectives for borderless cyberspace.

International Legal Studies V

2021 ◽  
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal Education ◽  
Autonomous Driving ◽  
European Law ◽  
Insolvency Law ◽  
Legal Studies ◽  
Economic Law ◽  
Present Volume ◽  
European Criminal Law

The present volume, being a consequence to the ELPIS network members' variety, follows the tradition of its predecessors in dealing with various questions of European law (including more specific questions of European legal education) whereby questions of the Union's Economic Law, more specifically in the context of the topics of insolvency law, autonomous driving, ship dismantling and certain effects of European criminal law are analysed. It also deals with issues of human rights due to differing views on society, which are in particular characterized by realism; the latter can also be found (and heard) in "legalistic" works by a contemporary of Stahl, Johann Strauss' Father (1804-1849) and his descendants. With contributions by Prof. Dr. Caroula Argyriadis-Kervegan, Prof. Dr. Christian Becker, Robert Brockhaus, Prof. Dr. Dr. h.c.mult. Hilmar Fenge, Prof. Dr. Claas Friedrich Germelmann, Ludmilla Graz, Lena Gumnior, Prof. Dr. Bernd Oppermann, Dr. Dimitrios Parashu, Prof. Dr. Vasco Pereira da Silva and Prof. Dr. Armelle Renaut Couteau.

scholarly journals Criminological characteristics of crimes in bankruptcy

2021 ◽  
Vol 28 ◽  
pp. 237-250
Author(s):  
Paulina Pawluczuk-Bućko ◽  
Andrii Butyrskyi
Keyword(s):  
Criminal Law ◽  
Theoretical Basis ◽  
Scientific Work ◽  
Economic Law ◽  
Systemic Analysis

The article is devoted to investigating the problems of the causes of crimes in bankruptcy proceedings. The purpose of the article is to identify and analyze the causes of bankruptcy crimes achieved through the establishment of: types of bankruptcy crimes, subjects of bankruptcy crimes, motives for committing bankruptcy crimes, peculiarities of crimes at different stages of bankruptcy. The theoretical basis of the study was the scientific work of scientists and practitioners in the field of criminology, criminal law and economic law. The authors have developed their own concept, which is based on the so-called bankruptcy rhombus, which defines the composition and location of each of the participants in the bankruptcy case, is ideally suited to identify the subjects and object of the bankruptcy crime, because it allows you to see the degree of interest of participants in the case bankruptcy and their hierarchy. Now let’s look at the causes of the crime each participant individually, starting from the bottom of the rhombus – from the debtor. To achieve this goal and to solve it set of tasks during the study was used a set of various methods of cognition, among which can be distinguished: dialectical, systemic analysis, formal-logical, systemic-structural.

Extended Confiscation in Criminal Law

2017 ◽  
Author(s):  
Malin Thunberg Schunke
Keyword(s):  
Criminal Law
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