scholarly journals Badania nad totalitaryzmem — prawda historyczna i wolność indywidualna — prawo prywatne w służbie publicznej. Uwagi na tle „cywilnoprawnych” przepisów ustawy o IPN

2021 ◽  
Vol 43 (3) ◽  
pp. 103-114
Author(s):  
Piotr Machnikowski
Keyword(s):  
Public Discourse ◽  
Freedom Of Expression ◽  
Civil Code ◽  
The State ◽  
Public Interests ◽  
Artistic Creation ◽  
Occupied Territory ◽  
Personal Rights ◽  
Wide Range ◽  
The Republic

The much-publicised and rather unfortunate amendment of 2018 to the Act on the Institute of National Remembrance introduced not only the controversial and subsequently repealed penal provisions, but also the provisions on “Protection of the good name of the Republic of Poland and the Polish Nation”. According to these, protecting the good name of the Republic of Poland and the Polish Nation is subject to the provisions of the Civil Code. The intention of the lawmakers was to prevent the dissemination in public discourse of the false expression “Polish death camps” and similar expressions sometimes used to refer to Nazi German extermination camps located in the occupied territory of Poland. The provision mandating the application of the provisions of the Civil Code on personal rights to the protection of the state and nation’s good name may serve the intended purpose. However, its application may also be much broader, due to the vagueness of the wording used (“good name of the state and nation”) and the powerful protection afforded to personal rights in the Civil Code. The author discusses which provisions of the Civil Code can and which cannot be applied in this case. He also draws attention to the inadequacy of private law tools to protect public interests. He calls for a restrictive interpretation of the provision and recognizing a wide range of circumstances excluding the unlawfulness of an infringement in order to protect constitutional values such as freedom of expression, artistic creation, or scientific research.

scholarly journals Securitisation gaps: Towards ideational understandings of state weakness

2021 ◽  
pp. 1-20
Author(s):  
Kevork Oskanian
Keyword(s):  
The State ◽  
Collective Knowledge ◽  
State Action ◽  
Role Of The State ◽  
Wide Range ◽  
State And Society ◽  
Interpretive Approach ◽  
Recent Developments ◽  
The Republic

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.

Uchwały sejmowe jako mechanizm polityki pamięci

2017 ◽  
Vol 61 (0) ◽  
pp. 89-103
Author(s):  
Lech M. Nijakowski
Keyword(s):  
Collective Memory ◽  
Public Discourse ◽  
Research Field ◽  
The State ◽  
Social Imagination ◽  
Politics Of Memory ◽  
Systematic Analysis ◽  
Polish Society ◽  
Discourse Strategies ◽  
The Republic

The article presents the results of the systematic analysis of the resolutions of the Sejm of the Republic of Poland (10th–8th terms of office) as a mechanism aimed at shaping the collective memory of the Polish society. It outlines a research field and characterizes a legislative mechanism. Further, the article discusses research techniques and methods, and presents partial research results. The author shows that commemorative resolutions are an important element of the state politics of memory and lead to the emergence of various commemorative initiatives. On the other hand, their significance is moderated by the state of collective memory and the dominant topoi and public discourse strategies. Most often the resolutions using the so-called “constructive strategies” do not seek to radically reformulate the state of social historical consciousness. They disregard inconvenient persons and events and foster petrification of social imagination and marginalization of the minority communities of memory.

scholarly journals Communication strategies and PR technologies for the formation of the country’s image (on the example of the Republic of Kazakhstan)

2021 ◽  
Vol 5 (3) ◽  
pp. 110-124
Author(s):  
Niemczyk Nicholas ◽  
◽  
Clara Bardin ◽  
Nora Denissova ◽  
◽  
...  
Keyword(s):  
The State ◽  
Communication Strategy ◽  
Common View ◽  
Positive Image ◽  
International Style ◽  
External Relations ◽  
Wide Range ◽  
International Image ◽  
The Republic ◽  
Communicative Strategy

The country’s image is becoming more and more important for scientific research. This is of great importance in the context of growing globalization. This can be explained by the fact that a positive image of a country is a valuable and promising resource for its internal and external relations. The construction of a country image is based on a common view of states, which is mainly formed in the field of mass media, where there is a wide range of tools and means. Research object: international image of the state. Subject of research: factors and communication strategy for the formation of the international image of the state. The purpose of the study is to create an effective communicative strategy for the formation of the country’s international style on the basis of the analysis of the moments of style and the study of the skill of the Republic of Kazakhstan. Achievement of the established goal implies the formulation and conclusion of a number of research tasks that reflect the project of work. The methodological basis of the study is substantiated by the task of conducting an all-encompassing analysis of the process of forming the country’s style within the framework of a political science study, based on the strategy of methodological synthesis, based on: the method, the method of historical retrospective, the logical and methodological foundations of historicism, the methodological toolkit of systemic and structural-functional layouts. The proposed work examines the process of creating a positive image state using positioning as the main method of formation and communication strategy to facilitate its development. This aspect deserves detailed scientific and practical research. As part of the study, the existing theoretical developments in the field of building and positioning the image are considered, the main factors in the formation of a national international image and strategies for its dissemination are identified, this issue is analyzed. The actual implementation of the concept is carried out on the example of the Republic of Kazakhstan.

scholarly journals A Duty Perspective on the Hate Speech Prohibition in the Equality Act

2021 ◽  
Vol 24 ◽  
pp. 1-35
Author(s):  
Marelize Marais
Keyword(s):  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
The State ◽  
Bill Of Rights ◽  
Socioeconomic Rights ◽  
The Supreme Court ◽  
The Republic ◽  
Legal Contexts ◽  
The Right

In this contribution, I argue that every person's duty to respect others is central to section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("the Equality Act"), otherwise known as the "hate speech" prohibition. This duty should therefore also be a central consideration in its interpretation. Related duties are those of the state to enact legislation, and of courts to interpret and apply the law to promote the spirit, purport and objects of the Bill of Rights. Our courts have in many instances considered the duty to respect others, as well as the state's and the courts' related duties, in the interpretation of socioeconomic rights and the development of the common law. In doing so, they have consistently employed the reasonableness standard. Therefore, references to relevant case law in various legal contexts provide the framework within which I examine legal duties in the context of unfair discrimination and, in particular, hate speech in terms of section 10(1) of the Equality Act. I examine the constitutional obligations of the state, the courts and private persons to promote respect for the dignity of others. I reiterate the state's specific obligation in terms of section 9(4) of the Constitution of the Republic of South Africa, 1996, to enact legislation to prevent or prohibit unfair discrimination on the grounds listed in section 9(3). Finally, I relate these duties to the section 10(1) prohibition in the Equality Act. I apply the reasonableness standard to conclude that the prohibition gives due effect to the duties of the state and every person, and that the courts are duty-bound to interpret it accordingly. This conclusion refutes the Supreme Court of Appeal's ruling in Qwelane v South African Human Rights Commission ("Qwelane")[1] that the section 10(1) prohibition was vague, overbroad and, therefore, unjustifiably infringing the right to freedom of expression.   [1]        2020 3 BCLR 334 (SCA). 

scholarly journals Freedom of the Press In the Scope of Human Rights

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Public Space ◽  
Freedom Of Expression ◽  
The State ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The Republic

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96

THE SUBJECTIVE SIDE OF SMUGGLING

2016 ◽  
Vol 3 (76) ◽  
pp. 23
Author(s):  
Aleksejs Šaforostovs
Keyword(s):  
Shadow Economy ◽  
International Experience ◽  
The State ◽  
Regulatory Framework ◽  
Precise Understanding ◽  
Wide Range ◽  
The Republic ◽  
Subjective Side

The aim of the article is the study of the subjective side of smuggling, as a kind of shadow economy. Understanding the subjective side of contraband in the existing legislative acts of the Republic of Latvia and the response of the state for illegal actions does not fully meet the targets for reduction of the shadow economy, and requires more detailed study, especially in the subjective part of smuggling. Article novity shown as an expanded understanding of the subjective side comparison of smuggling in Latvia and other countries. A wide range of international experience and analysis of the regulatory framework helps to make conclusions about the direction of the correction in the understanding of the subjective side of smuggling today. Summing up the conclusions of the article and by the author's made proposals it can be said, that they will undoubtedly provide a more precise understanding of the weaknesses of the subjective side of contraband in the Latvian legislation and identify possible ways to improve the regulatory framework of the subjective side of such action as smuggling.

scholarly journals PROBLEMS OF LEGAL REGULATION OF LEGAL ENTITIES IN KAZAKHSTAN

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Майдан Сулейменов ◽  
Maydan Suleymenov
Keyword(s):  
General Meeting ◽  
Legal Regulation ◽  
Civil Code ◽  
The State ◽  
Corporate Body ◽  
The Law ◽  
The Republic ◽  
In Virtue Of ◽  
Legal Entities

This article deals with the issues related to the establishment of the legislation on legal entities in Kazakhstan, beginning with the 1991 Law on Enterprises and ending with the Laws enacted on the basis of the Civil Code of the Republic of Kazakhstan. Further, the article resolves most topical issues regarding legal regulation of legal entities. Considerable attention is paid to the concept of corporation and corporate relations. On the basis of the analysis of disputable viewpoints the author arrives at the conclusion that corporate relations constitute a part of the in-house relations regulated by civil standards. This is possible in virtue of the fact that the General Meeting is not a corporate body; rather it serves as an expression of the incorporators’ will. The article also tackles the issues on regulation of the activities of state legal entities, in relation to which the Law on the State Property is adopted in the Republic of Kazakhstan.

scholarly journals On some directions of the development of copyright in the projects of the civil code of the USSR

2021 ◽  
Vol 26 (4) ◽  
pp. 238-242
Author(s):  
Andrey A. Bogustov
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Significant Feature ◽  
Public Interests ◽  
Main Research ◽  
Legal Science ◽  
Personal Rights ◽  
The Subject ◽  
Historical Methodology ◽  
The Right

The article analyses the directions of the development of copyright in the projects of the Civil Code of the USSR. The subject of the research is institutions of copyright in the projects of the Civil Code of the USSR of 1939 – 1951. Historical methodology for legal science is the main research method applied in these investigations. The research conducted in the article leads to the following conclusions. Firstly, the projects of the Civil Code of the USSR created the existing tradition of copyright relations at the level of codified acts. Secondly, a significant feature of regulating copyright relations in the projects of the Civil Code of the USSR was the use of predominantly mandatory norms. Thirdly, the main goal of regulating copyright relations in the projects of the Civil Code was to ensure a balance of personal and public interests. Fourthly, an important innovation of the projects of the Civil Code, which remain topical to the present day, was the establishment of a relationship between copyright and personal rights – the right to confidentiality of correspondence and the right to own image.

scholarly journals LEGAL CONVERGENCE IN THE CONTEXT OF MIGRATION PROCESSES REGULATION IN RUSSIA: STATEMENT OF THE PROBLEM

2019 ◽  
Vol 7 (2) ◽  
pp. 16-20
Author(s):  
Варвара Богдан ◽  
Varvara Bogdan ◽  
Маргарита Урда ◽  
Margarita Urda
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Legal Consciousness ◽  
National Interests ◽  
Public Interests ◽  
Legal Norms ◽  
Legal Psychology ◽  
Wide Range ◽  
Unlawful Conduct

In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.

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