scholarly journals Ethical and legal bird hunting duties by Polish veterinarians

2020 ◽  
Vol 76 (06) ◽  
pp. 6391-2020
Author(s):  
MARIUSZ Z. FELSMANN ◽  
JÓZEF SZAREK ◽  
IRENEUSZ SOŁTYSZEWSKI ◽  
JUSTYNA KARAŹNIEWICZ
Keyword(s):  
Natural Environment ◽  
The Public ◽  
Legal Provisions ◽  
Lead Ammunition ◽  
Veterinary Surgeons ◽  
Game Birds ◽  
Veterinary Surgeon ◽  
The Law ◽  
Polish Law ◽  
Game Animals

Polish veterinarians are committed to specific behaviors. They have an obligation to actively prevent pollution of the natural environment and threats to public health. The law does not prohibit them from hunting though. Hunting birds with lead ammunition is harmful to the environment, birds and humans. In view of the above, it seems that this type of hunting should be forbidden to veterinarians. Unfortunately, Polish law makes it impossible to punish veterinary surgeons for bird hunting with lead ammunition. As hunters, veterinarians are probably aware of the harmfulness of such behavior, but they prioritize their pleasure over environmental concerns. This study examines Polish legal acts related to hunting by veterinarians and presents specific legal provisions requiring and forbidding specific behaviors of veterinarians. According to the law on the profession of the veterinary surgeon, members of this profession must not engage in bird hunting with lead ammunition. The study discusses the difficulty of changing the current situation and forcing Polish veterinary surgeons to abandon bird hunting with toxic ammunition and to actively fight this practice. Veterinarians, in particular those who are hunters, should actively oppose such forms of hunting that are harmful to the natural environment, especially the hunting of game birds with lead ammunition. In accordance with veterinary knowledge, ethics and deontology, all veterinarians should inform the public about the harmfulness of eating game animals shot with lead ammunition, in particular with lead pellets.

scholarly journals IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

2019 ◽  
pp. 5-14
Author(s):  
Peter Chvosta
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
The Public ◽  
Legal Provisions ◽  
Public Rights ◽  
Administrative Act ◽  
The Law ◽  
Administrative Jurisdiction ◽  
The Individual ◽  
Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

ACCESS TO PUBLIC INFORMATION IN THE CONTEXT OF THE HUNTING LAW

2018 ◽  
Vol 4 (2) ◽  
pp. 31-49
Author(s):  
Krzysztof Chochowski
Keyword(s):  
Public Administration ◽  
Natural Environment ◽  
Public Information ◽  
Living Conditions ◽  
Social Needs ◽  
The Public ◽  
Game Animals

Hunting in Poland is experiencing a kind of renaissance today and is undoubtedly a public matter. The purpose of hunting is a public goal, because it is: protection, preservation of diversity and management of populations of game animals; protection and shaping the natural environment for the improvement of living conditions of animals; obtaining the highest possible personal condition and quality of trophies and the appropriate number of populations of particular species of animals while maintaining the balance of the natural environment; meeting social needs in the field of hunting, cultivating tradition and propagating ethics and hunting culture.This article presents considerations regarding access to public information in the context of hunting law. It indicates the public administration bodies obliged to provide it, as well as entities that can apply for it. In addition, the competences of the above mentioned bodies and the resulting public tasks in the area of broadly understood hunting were defined.

scholarly journals Rola prawa działalności kulturalnej w indoktrynowaniu społeczeństwa w okresie Polskiej Rzeczypospolitej Ludowej — część I

2021 ◽  
Vol 43 (2) ◽  
pp. 381-390
Author(s):  
Jolanta Behr
Keyword(s):  
Civil Rights ◽  
The State ◽  
Wide Field ◽  
Cultural Activity ◽  
The Public ◽  
Legal Provisions ◽  
State Administration ◽  
Multi Level ◽  
The Law

The aim of the article is to establish the role of the law on cultural activity in the process of indoctrinating society in the Polish People’s Republic period. The work will analyze the legal acts regulating the system and tasks of state entities involved in promoting ideas and views approved by the then authorities, primarily of a socialist nature. It will be shown in the work that the law on cultural activity played an important role in indoctrinating society during the communist period. It actively supported state bodies, legitimizing their actions. The support was provided to a different extent and in various forms, both imperious and non-imperative. The general axiology of law included the values approved by the rulers, in the light of which legal provisions should be interpreted. The law also created an organized state administration apparatus whose task was to influence the society. A complex, multi-level system of state administration was created, the scope of which was to form a new reality as well as support the authorities and parties. Care was taken to ensure that the information provided to the public was “properly” verified. Entities providing them were regulated, in various forms and scope. Actions in this area were carefully planned and carried out, taking into account the orders of the party authorities subordinate to the powers in Moscow. The minister for propaganda, organizing and coordinating the state entities’ activities, functioned informally. The tasks and competences of state administration entities and bodies in the field of cultural activity were often constructed by law with the use of undefined concepts. This created a wide field of interpretation for the state administration body, which adjusted the meaning assigned to them to the current needs and directions of the policy pursued, thus extending the scope of its activities. In many cases, the provisions of acts and decrees defined tasks and competences in a concise manner, allowing them to be further specified or developed by the provisions of regulations. This created a lot of room for maneuver for the administration, which itself created the regulations on the basis of which it functioned. In practice, it often extended the scope of its activities, interfering in an unauthorized way in the area of human and civil rights and freedoms. All this, however, was legal — based on and within the limits of the law. Moreover, the law regulated the control and supervision of entities popularizing cultural activity, enabling wide-ranging censorship. The law also specified severe sanctions against entities not complying with the current policy of the rulers. They were regulated by acts of cultural activity and acts of criminal law. Furthermore, internal law played an important role.

scholarly journals Rola prawa działalności kulturalnej w indoktrynowaniu społeczeństwa w okresie Polskiej Rzeczypospolitej Ludowej — część II

2021 ◽  
Vol 43 (3) ◽  
pp. 181-191
Author(s):  
Jolanta Behr
Keyword(s):  
Civil Rights ◽  
Wide Field ◽  
Cultural Activity ◽  
Level System ◽  
The Public ◽  
Legal Provisions ◽  
State Administration ◽  
Multi Level ◽  
The Law

The aim of the article is to establish the role of the law of cultural activity in the process of indoctrination of society in the period of the Polish People’s Republic. The work will analyze the legal acts regulating the system and tasks of state entities involved in the promotion of ideas and views approved by the then authorities, primarily of a socialist nature. It will be shown in the work that the law of cultural activity played an important role in indoctrinating society during the communist period. It actively supported state bodies, legitimizing their actions. The support was provided to a different extent and in various forms, both imperious and non-imperative. The general axiology of law included the values approved by the rulers, in the light of which legal provisions should be interpreted. The law also created an organized state administration apparatus whose task was to influence the society. A complex, multi-level system of state administration was created, the scope of which was to create a new reality and support the authorities and parties. Care was taken to ensure that the information provided to the public was ʻproperlyʼ verified. Entities providing them were regulated, in various forms and scope. Actions in this area were carefully planned and carried out, taking into account the orders of the party authorities subordinate to the authorities in Moscow. The minister for propaganda, organizing and co-ordinating the activities of state entities, functioned informally. The tasks and competences of state administration entities and bodies in the field of cultural activity were often constructed by law with the use of undefined concepts. This created a wide field of interpretation for the state administration body, which adjusted the meaning assigned to them to the current needs and directions of the policy pursued, thus extending the scope of its activities. In many cases, the provisions of acts and decrees defined tasks and competences in a concise manner, allowing them to be further specified or developed by the provisions of regulations. This created a lot of room for maneuver for the administration, which itself created the regulations on the basis of which it functioned. In practice, it often extended the scope of its activities, interfering in an unauthorized way in the area of human and civil rights and freedoms. All this, however, was legal — on the basis and within the limits of the law. Moreover, the law regulated the control and supervision of entities popularizing cultural activity, enabling wide-ranging censorship. The law also specified severe sanctions against entities not complying with the current policy of the rulers. They were regulated by acts of cultural activity and acts of criminal law. Moreover, internal law played an important role.

scholarly journals Pozycja ustrojowa notariusza na gruncie pierwszego polskiego Prawa o notariacie z dnia 27 października 1933 r. Część pierwsza

2020 ◽  
Vol 29 (5) ◽  
pp. 343
Author(s):  
Tomasz Woś
Keyword(s):  
World War I ◽  
Satisfactory Result ◽  
Case Law ◽  
Public Official ◽  
World War ◽  
Second Republic ◽  
The Public ◽  
Professional Self ◽  
The Law ◽  
Polish Law

<p>The origins of the modern Polish system of notaries date back to the period of the Polish Second Republic. At the end of World War I, the institution of notaries in Polish lands was heterogeneous. There were three separate notary organizations, which regulated differently the systemic position, tasks and functions of the notary. The rebirth of the Polish State brought the issue of unification of the system of notaries. Works on this ground-breaking task took place for several years and ended with the creation of the Law on Notaries of 27 October 1933. The article is intended to precisely determine the systemic position of the notary under the first Polish Law on Notaries. Article 1 of the Regulation defined notary as a public functionary appointed to draw up acts and documents to which the parties were obliged or wanted to give the public attestation and to carry out other acts as entrusted to him by law. Attempts to define the concept of a public official revealed numerous terminological problems and generated the need to conduct research on the issue of the notary’s position both in terms of scholarly reflection and dogmatic terms. In order to determine the systemic position of the notary, the article presents a detailed analysis of the term “public functionary” used in Article 1 of the Law on Notaries, views of the most eminent representatives of legal science in Poland on this subject and the scope of activities of the notary. The doubts and terminological difficulties identified in the course of these activities led to a deeper analysis of the provisions of Section I of the Law on Notaries, entitled “System of Notaries” (provisions of Chapters I–III) and of the case law. However, the attempt undertaken in the article to clearly define the position of the notary under the first Polish Law on Notaries did not bring a fully satisfactory result. The analysis of the position of the notary in the light of the Law on Notaries of 1933 indicates that there are serious difficulties in defining it precisely, both among the scholars in the field and the judicature. To fully define it, a closer analysis of the provisions of the Law on Notaries concerning the supervision of notaries, disciplinary and compensation liability of notaries, the professional self-government of notaries and the rules of preparation for the profession of notary was necessary. These issues have a significant impact on the final shape of the notary’s position within the legal system. Due to editorial limitations, these issues will be addressed in the second part of this article, along with final conclusions.</p>

Deployments of Memory with the Tools of Law – the Case of Poland

2019 ◽  
Vol 44 (4) ◽  
pp. 464-492
Author(s):  
Aleksandra Gliszczyńska-Grabias
Keyword(s):  
Political Discourse ◽  
Homogeneous Group ◽  
The Other ◽  
National Community ◽  
The Past ◽  
Legal Provisions ◽  
The Law ◽  
Polish Law

Recent invocations of the past in the service of ideology, based to a large extent on nationalistic motives, are a particularly disturbing phenomenon in the area of the European “duty to remember” and memory laws. One of the most telling examples of this trend was Polish legislation introduced in January 2018 (partly repealed in June 2018) that penalized defamation of the Polish State and the Polish Nation by claiming their responsibility or co-responsibility for crimes committed by German Nazis in occupied Poland. Although the idea of opposing the falsification of history appears valid, the structure of the law left room for also bringing to trial those daring to ask uncomfortable questions challenging the heroic vision of Poland’s past. This article claims that legal provisions such as the Polish law represent a dangerous tool of strengthening the feeling of national community understood very narrowly and limited to one nationally, religiously and ethnically homogeneous group. This approach is directly connected with promulgation of the narrative of a “besieged castle”, which defends itself against “the Other” and demands indisputable recognition for its past sufferings. The reasons, mechanisms and consequences of recent implementation in Poland of legal and political discourse regarding the past, are discussed here.

scholarly journals What Interpreters in the EU Should Know About Legislation: The Case of Belgium and the Netherlands

2019 ◽  
Vol 6 (1) ◽  
pp. 183-204
Author(s):  
Hildegard Vermeiren
Keyword(s):  
The Netherlands ◽  
Social Services ◽  
Public Service ◽  
Public Law ◽  
Third Party ◽  
Private Law ◽  
The Public ◽  
Legal Provisions ◽  
The Law ◽  
The Eu

Abstract: The interpreting profession weaves its way through a tangled web of legal provisions. Especially in the areas of immigration, the court, the police or social services, third-party rights play an important role, and language assistance is needed to act following the law. Freelance interpreters are contracted. These interpreters have opted for entrepreneurship and private-law relationships with their clients. The public-law sphere, however, is very much a part of their activities, through their training, certification, fees they earn, but also taxation. Due to growing professionalization, higher demands are being placed on interpreters. Requirements nowadays are much stricter than an oath of faithful translation. This paper discusses what starting public service interpreters need to know about legal provisions when starting their career as entrepreneurs in Belgium and the Netherlands.Resumen: En la profesión de intérprete se cruzan numerosas disposiciones legales. Especialmente en los sectores de inmigración, tribunales y servicios policiales o sociales, los derechos de terceros desempeñan un papel esencial, y la asistencia lingüística es importante para la legalidad de las acciones. Se contrata a intérpretes freelance. Estos han optado por hacerse autónomos y por las relaciones de derecho privado con sus clientes. Sin embargo, la esfera del derecho público está muy presente en sus vidas, a través de su formación, certificación, despliegue, tarifación e impuestos. Debido a la creciente profesionalización del sector, el nivel exigido a los intérpretes es cada vez superior. Hoy en día, los criterios son más estrictos que el tradicional juramento de fidelidad.  Comentamos lo que los jóvenes intérpretes necesitan saber al lanzarse como emprendedores en Bélgica y los Países Bajos.

scholarly journals Innovative Procurement in Poland in the Light of the Report on the Evaluation of Public Procurement Functioning after the Amendment of the Public Procurement Law of 2016

2019 ◽  
Vol 19 (2) ◽  
pp. 149-159
Author(s):  
Wacława Starzyńska
Keyword(s):  
Public Procurement ◽  
Policy Makers ◽  
The Public ◽  
Legal Provisions ◽  
Innovative Solutions ◽  
Innovative Products ◽  
The Subject ◽  
Polish Law ◽  
Procurement System ◽  
Special Case

Abstract Research background: Public procurement for innovation has increasingly been the subject of EU policy makers. A lot of changes in the European directives and Polish law have been observed that facilitate the process required for the public procurement of innovation. Purpose: The purpose of the paper is an attempt to study a functioning public procurement system as a sourcing mechanism for innovative products and services in Poland. Research Methodology: Review of the existing legislation concerning public procurement especially the Public Procurement Law in Poland after its amendment of 2016 and analysis of the results of a survey conducted among contracting entities and contractors of public procurement. Results: The empirical study suggests that there is a deficit of knowledge of both contracting entities and contractors, concerning awareness and application of legal provisions facilitating procuring innovative products. The existing scale of innovative solutions’ application by contracting entities is very low, resulting from a lack of needs or due to the business profile, which does not contribute to increasing the demand for innovative products. Novelty: There is a lack of similar investigations in the Polish and European literature. It is worth stressing that public procurement viewed as a special case of innovation which is distinct from the procurement of a regular market. The empirical results are based on a study conducted in 2018 by the Public Procurement Office in Poland.

Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

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