O dopuszczalności zdalnego głosowania w Sejmie na podstawie Konstytucji RP z 1997 r.

2021 ◽  
Vol 3(164) ◽  
pp. 111-125
Author(s):  
Janusz Roszkiewicz

The subject of the article is to assess the admissibility of remote voting in the Sejm by means of electronic communication from the point of view of the Constitution of the Republic of Poland, in particular Article 109(1) and Article 120. The aim of the article is to determine – with the use of dogmatic, historical and comparative method – the possibility of holding a valid sitting of the Sejm in the presence of deputies remotely participating in the sitting. The text takes the view that a purposive interpretation allows for the holding of a sitting of the Sejm in virtual form (by permitting remote voting) in exceptional situations, in particular when the physical presence of deputies in the plenary chamber is impossible or would involve a serious risk to their life or health. The technical means used for remote voting should ensure that all authorised deputies have a secure and effective connection to the voting equipment, i.e. that the voter can be identified, that it is tamper-proof and that the vote can be cast efficiently.

2021 ◽  
Vol 30 (3) ◽  
pp. 249-264
Author(s):  
Marian Zdyb

The article is of a research nature and has been prepared using methods appropriate for this type of publication. Obviously, the formal-dogmatic or legal-comparative method is important in this respect. However, the observation of the actual state related to the implementation of the protection in question is also not without significance. Such an approach is reflected in the adopted aim and formulated research theses. The subject matter of the article is very important from the point of view of the protection of the environment and natural resources, of which the animal world is an important element. The publication concerns issues of international importance and is undoubtedly original in character, which makes it valuable not only for scholarship but also for practice. The protection of animals is connected with saving the environment and the order in which humans live. Therefore, humanitarian and ethical considerations – reflected in legal scholarship and in normative acts – should also be taken into account. This is expressed in Article 1 (1) of the Polish Act of 21 August 1997 on the protection of animals (consolidated text, Journal of Laws 2020, item 638), which states that: “An animal as a living being capable of suffering, is not a thing. Humans owe him respect, protection and care”. Such an obligation in Poland also results from the Constitution of the Republic of Poland. Undoubtedly, a very important element in the protection of animals is the development of an appropriate system of national law and international law. Their coexistence is a guarantee of effective legal protection of animals, especially those threatened with extinction. For an optimal model of law in the field of animal protection to be formed, it is important to shape an effective system of authorities, services and institutions equipped with rational instruments for action. Effective supranational cooperation seems essential to optimise activities to save animals threatened with extinction.


2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.


2020 ◽  
Vol 18 (1) ◽  
pp. 239-255
Author(s):  
Wojciech Bożek

The author’s goal is to determine the consequences of implementing treaty solutions concerning public debt to the Polish Constitution and to define the differences between the methodology of counting public debt in the European Community and Polish legal order. The raised issues concern important problems from the substantive and practical point of view, therefore the study’s content is important for science and practice. The research methodology was based on the analysis of the EU and Poland’s normative solutions, opinions expressed in the international and national literature on the subject, and the case law of the Polish Constitutional Tribunal. The paper applies mostly the dogmatic-analytic and legal-comparative method with reference to available statistical data on Poland’s public debt. The study allowed the author to gain an understanding of the significance of fiscal rules implemented at the EU level to ensure stability. Article 216(5) of the Constitution of the Republic of Poland indicates that the treaty solutions regarding the reference value (public debt-to-GDP ratio) were reenacted. However, until this day, the EU and Poland’s debt measurement methods do not fully correspond. In order to counteract excessive debt incursion, a state is required to take not only efficient actions but also ones that are adequate and, to some extent, flexible. This is an expression of acceptance of the EU’s preventive assumptions. However, there is still no full correlation in the methodology of calculating public debt in the EU and the Republic of Poland.


1925 ◽  
Vol 8 ◽  
pp. 14-37 ◽  
Author(s):  
P. Geyl

I Am going to talk to you about a period of Dutch history which is very little known in England, and as in the eighteenth century Holland had hardly any contribution of her own to make to European history, it is not likely ever to become very popular. Yet, apart from the fact that even a process of decay may be an interesting object of study, it took statesmen both in Holland and outside a considerable time to realise that the great days of the Republic were over for good. Their finding out was a matter of importance from the point of view of the European, and particularly of the English, historian, and this will properly be the subject of my paper.


Author(s):  
Ekaterina A. Nechaeva

The present paper concerns the discourse of metamodernism problem as a type of the anthropological myth. The anthropological myth is considered as a project for describing reality, which models a systematic consistent idea of a human being, reality, status of reality and develops ethic, aesthetic, axiological views of a subject. The article aims to determine the peculiarities of metamodernism as a fictional discourse of the anthropological myth on the basis of XXI century European novel analysis. The analysis is carried out with the use of the comparative method, contextual description methods, axiomatic method, discourse analysis method etc. The topicality of the undertaken research is determined by the appearance of a new fictional discourse in art at the beginning of the XXI century as well as a new aesthetic paradigm, not described yet. The texts of Western European novels written in the first two decades of the XXI century reveal authors’ consistent refusal of the principles traditionally viewed as post-modernist – novels featuring a simulated nature of reality, novels problematizing the relationships between the signifying and the signified, decentralizing the subject etc. The attempts to describe a particular cultural situation as an alternative to postmodernism have been taken since the 80’s of the XX century; metamodernism acts as one of such projects for describing the modern cultural situation. The paper analyzes the interpretation models referring to XXI century art on the basis Western European novels of XXI century. The author of the paper concludes that metamodernism as a fictional discourse of the new anthropological myth reflects a different idea of the reality. Metamodernism as a cultural project aims to “return” ontology, assume the availability of reality outside the cognizing subject’s consciousness, and surpass the iconic nature of reality. From the epistemological point of view, metamodernism offers cognition of the world and “Ego” via experience of “Another Ego”.


2016 ◽  
Vol 1 (2) ◽  
pp. 204
Author(s):  
Reshat Maliqi

The subject as per work, corruption, the challenge for Kosovo institutions, is broadly and actual theme that covers the theoretical and practical treatment. The corruption, which has been described as using the public power for certain purposes, is a very complex subject. Stands for the characteristics of many societies and states and for the last couple of years it has been understood as in great form present phenomenon within the countries in transition, within those which are undeveloped as well as with developed ones, and stands for an obstacle for democracy implementation. From a systematically point of view, corruption has caused, and it continues to do so, many concerns in all countries on Earth, and especially in Kosovo. In accordance to Transparency International report, corruption is one of the biggest challenges of contemporary world. The aim of the importance of studying of this problem through this subject is identifying the scope, structure and dynamics of this phenomenon; to analyse overall impact of general factors. In accordance to identification of corruption problems, local and international reports with of high level of this kind of criminal act, among other areas as well as per security issues, corruption has been seen as serious wound for our society. The justification of this work is logical consequence of corruption phenomenon in the Republic of Kosovo. The reason, consequences and the fight against the corruption is always the subject of numerous researches and conversation between researches, politicians and other actors dealing with this problem, not leaving aside the segment of civil society. These problems stand for the subject of study of this work from my point of view with the purpose of sharing the overall concern due to this phenomenon. During this study many different methodologies will be used, as well as the methodology of analyses of cases of corruption, method of comparative analyses, comparative methodology and statistical method of creation and fight against the corruption in Kosovo from 2012 – 2104. For fight and suppression of corruption, the society and institutions in Kosovo, among the prevention measures, would have to implement so far reached measures in criminalistics in accordance to contemporary trends in secure management. The final aim of this work is practical use of its results and statistics in society’s efforts to prevent, to limit or to eliminate the corruption phenomenon in Kosovo


2021 ◽  
Vol 20 (1) ◽  
pp. 253-280
Author(s):  
Mariusz Mohyluk ◽  

The article presents work on the unification of the Polish judiciary in the Second Republic in the years 1918–1928. It was carried out in three tracks. The initiator of the first moves consisting in unification of district regulations, reorganisation and taking over the judiciary was the government and the Ministry of Justice. Since February 1919, these measures were supported and approved by the Legislative Sejm (later the Sejm). Since November 1919 the burden of work was taken over by the Codification Commission of the Republic of Poland. The aim of this article is to discuss the course of work on the law on the system of common courts within the Codification Committee of the Republic of Poland, with particular emphasis on the provisions on justices of the peace. From this point of view, it will help to solve the main research problem of the article: to what extent did the Polish Codification Commission contribute to shaping the institution of justices of the peace in the Ordinance of the President of the Republic of Poland on Law on the System of Judiciary of 6 February 1928. The article makes use of archival materials, protocols from the sessions of the Codification Commission of the Second Polish Republic, the legal literature of the Second Republic and the current literature on the subject.


2021 ◽  
Vol 2 (71) ◽  
pp. 15-18
Author(s):  
G. Assanova ◽  
M. Saginbayeva ◽  
S. Aytkhozhin ◽  
D. Nurpeisov

This article is written based on the results of two years of research during the implementation of the Grant financing project of the Ministry of Education of the Republic of Kazakhstan No. AR08053217 "Development of a model for the effective functioning of personal subsidiary farms on the example of poultry meat production", 2020-2022. The basis of this article is the study of such form of farming in rural areas as personal subsidiary farms. The importance of private farming is actualized both in matters of a social nature in rural areas, and issues of sustainable development of entire sectors of the economy. The article clarifies the main socio-economic functions of personal subsidiary farms. The basics of motivation and goal-setting are considered in the direction of entrepreneurship. And in this regard, a model is given for increasing the business activity of personal subsidiary farms based on small-scale poultry meat production. The model is described from the point of view of the mechanisms of interaction of participants, and from the point of view of the organization.


2020 ◽  
Vol 8 (3) ◽  
pp. 9
Author(s):  
A. V. Vorokhobov

Introduction. The relevance of the study of the concept of subjectivity in the work of I.A. Ilyin is connected with the fact that the center of the philosophical reflection of the Russian thinker is anthropological problems of a worldview nature, which is consonant with the developments of both domestic researchers and foreign thinkers in connection with permanent attempts to overcome the current crisis of understanding the human phenomenon in modern humanitarian knowledge.Materials and Methods. The research material is the work of I.A. Ilyin, related to subjectivist themes. The principle of historicism, concreteness, the method of reconstruction, the comparative method and the phenomenological approach are the methodological basis that makes it possible to optimally explicate the developments of I.A. Ilyin in the field of subjectivity.Results. It was established that the problem of subjectivity is a backbone for the philosophical system of I.A. Ilyin. Models of German classical philosophy from the point of view of I.A. Ilyin reveal their inconsistency, while the phenomenological approach requires supplementation from the standpoint of ontological realism. From the point of view of I.A. Ilyin, personality gains its concreteness through connection with the initiating personality of the Absolute.Discussions and Conclusions. The study allowed to carry out an explication, a constitution and an analysis of the concept of human subjectivity in the work of I.A. Ilyin. The originality of the understanding of subjectivity in the personalistic philosophy of I.A. Ilyin is made in the context of the thinker's creative reflection on the views of Kant, Fichte, Hegel and Husserl. I.A. Ilyin believes that a consistent model of the subject can be built only taking into account all anthropological constants, including both the rational and the spiritual components in their orientation towards the absolute Subject.


Author(s):  
Austra Celmiņa-Ķeirāne

The aim of the study is to analyse artwork of Ernests Brastins (1892-1942) and Arvids Brastins (1893-1984) from the point of view of content and iconology, and the formal structure of work, which helps to reveal the author’s ideological direction. Using the comparative method, the visual text (artwork) is compared to the verbal (folklore) text, in an attempt to find parallels to the way they reflect Latvian mythological conceptions. An appropriate folksongs and beliefs are chosen for the artwork selected for the analysis, which serve as an explanatory material for the subject. The elements included in the work compositions are analyzed in the context of Latvian symbolic representations of natural phenomenon, godheads of pagan religion of pre-Christianity and ethical values.


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