Uprawa konopi innych niż włókniste na potrzeby przemysłu farmaceutycznego na tle regulacji polskich oraz zagranicznych

2021 ◽  
pp. 26-59
Author(s):  
Aleksander Bokszczanin
Keyword(s):  
Pharmaceutical Industry ◽  
Legislative Process ◽  
Legal Regulations ◽  
Safety Measures ◽  
The Subject ◽  
The Law

The subject of this article is an overview of legal regulations in the cultivation and processing of cannabis other than industrial cannabis (hemp) in selected countries and a comparison of them with the law currently in force in Poland. The article is an attempt to initiate a discussion on the legitimacy of conducting the legislative process, with due caution and all necessary safety measures, as a result of which legal solutions allowing legal cultivation of cannabis for the pharmaceutical industry in Poland could be created

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

Business Law

2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Economic Loss ◽  
Company Law ◽  
Legislative Process ◽  
Eu Law ◽  
Business Law ◽  
Business World ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations

Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book contains a number of parts. After an introduction about studying the law, the first part covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. The next part considers contractual obligations. Here terms, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are included. It continues with tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. This is followed by an examination of company law. The part that comes next is about employment. Finally, intellectual property issues are considered.

SOLVING THE “PROBLEM” OF WILLS FORMALITIES IN THE MODERN POST-PANDEMIC SOCIETY: CAN THE ENDLESS DISCUSSION BE CONCLUDED?

2021 ◽  
pp. 526-552
Author(s):  
Mariusz Załucki
Keyword(s):  
Common Law ◽  
Legal Regulations ◽  
The World ◽  
Strict Compliance ◽  
The Subject ◽  
The Law ◽  
Anglo American ◽  
Law Of Succession ◽  
Formal Requirements

The last will as an instrument of succession law is one of the means of disposing property upon death. Around the world particular legal regulations of American, Australian, European or other countries generally provide for different specific formal requirements for the valid preparation of will. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly and has rarely been executed in a manner consistent with the formalities. Reflecting the intent of a testator, often expressed informally, seems to be a more important value of the law of succession than respecting the formalities. This has already been noticed in some countries, especially in common law jurisdictions in Australia and America, where solutions based on substantial compliance doctrine or its variations, contrary to the pan-European strict compliance standard, were adopted. These solutions, however, do not take into consideration plenty of circumstances that may occur in the testation practice and are indifferent to new possible ways of making wills. Meanwhile, the range of mechanisms and proposals for statutory changes in the area of wills formalities is constantly growing. However, there are no proposals to cover all possible legislations in this area, as regards Anglo-American, European or other countries. Yet such a solution seems possible and desirable in order to reconcile the doctrines of substantial compliance and strict compliance. This proposal is the subject of this study.

7. Patents

2019 ◽  
pp. 95-123
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

scholarly journals Legal Regulations Impact on Social Capital. The Case of Poland

2020 ◽  
pp. 227-254
Author(s):  
Lech Kurowski ◽  
Piotr Szymaniec
Keyword(s):  
Social Capital ◽  
Legislative Process ◽  
Legal Regulations ◽  
Statutory Law ◽  
History Of ◽  
Capital Building ◽  
The Law ◽  
The Impact ◽  
The Relationship ◽  
Law Making

The article’s goal is to examine the impact of legal regulations on social capital on example of Poland. Due to specific conditions of Poland’s history of the last 200 years, legal institutions were not supposed to contribute to creation of social capital and in fact made it difficult. Our objective is to investigate the role of positive law in social capital building process. In the authors’ view, the relationship between statutory law and social capital is a complex one. On the one hand, a large stock of social capital supports statutory law, which can therefore be applied more effectively. Moreover, in such a situation, legal regulations do not have to be too detailed and casuistic. On the other hand, inadequate legal regulations may reduce the resource and quality of social capital, while well thought-out regulations can, in turn, support social capital. After review of literature referring to the relationship between the law and social capital, factors influencing social capital are discussed. It is followed by a short history of social capital evolution in Poland. After WWII, Polish legal system contributed to stressing the differences between identified groups, each of them enjoying different privileges. Due to bureaucratic character of this law, it did not help to strengthen social capital. Final section deals with general issues of the law-making process. We are presenting a tentative proposal to expand regulatory impact assessment (RIA) methodology, used in Poland and other OECD countries, by aspects important from social capital perspective. In our opinion, social capital building aspects were formally and practically forgotten during legislative process. Our suggestions on how to deal with social capital in the law-making processes are meant to propose corrective measures.

7. Patents

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Pharmaceutical Industry ◽  
Public Interest ◽  
Technological Development ◽  
Individual Rights ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Technological Developments ◽  
The Subject ◽  
The Law

This chapter discusses patents, which are granted for new and inventive technological developments but not for developments in the creative or non-technological arts. Areas on the borderline between technical and other forms of creativity are the subject of difficulty and controversy. Patents last for 20 years from application, but may be revoked at any time on the grounds that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims, infringes the patent. Unlike copyright, where both economic and individual rights are important, the main reasons for the grant of patents are economic, to encourage technological development. Patents are considered essential to many industries such as the pharmaceutical industry, where there is also a strong public interest in the development and accessibility of technology. The law must strike a balance between the public and private interests.

scholarly journals The methodology of law enforcement policy

2018 ◽  
Vol 2 (4) ◽  
pp. 5-15
Author(s):  
M. Kleymenov ◽  
D. Erokhin
Keyword(s):  
Law Enforcement ◽  
Systematic Approach ◽  
General Strategy ◽  
Legal Regulations ◽  
Level System ◽  
Crucial Point ◽  
Enforcement Policy ◽  
The Subject ◽  
The Law ◽  
Legal Methodology

The subject of the paper is methodology of law enforcement policy, elements and relevance for law enforcement activity.The main aim of the paper is to confirm or disprove the hypothesis that methodology of law enforcement policy is a system of intellective elements and a part of the higher level system of law enforcement policy simultaneously.The description of methodology. The methodological basis of research is systematic approach. Authors analyze the methodology of law enforcement policy as a combination of elements influencing on each other. The dialectic and formal-legal methodology is also used when the authors analyze trends in judicial practice.The main results and scope of their application. Law enforcement policy is a state strategy that defines the main directions, methods and means of implementation of legal regulations. From the standpoint of a systematic approach, law enforcement policy is a system of managerial type that consists of three elements: subject, object and means (methods). The methodology of law enforcement is a system of interacting elements, such as: modeling the main directions of the implementation of the law; specification of the general strategy for the implementation of legal regulations; identifying trends in law enforcement; correction of law enforcement practices; scientific and methodological support of law enforcement policy. The authors analyze each of the listed elements of the law enforcement policy, pointing out their role in improving the practice of law enforcement. The proposed analysis may become a crucial point for research in the field of law enforcement methodology. The results of research may be used as the basis of correction of methodology of law enforcement practice.

scholarly journals GMO Corn in México: Precaution as Law’s Decolonial Option

2020 ◽  
Vol 2 (2) ◽  
pp. 97-113
Author(s):  
Ernesto A. Hernández-López
Keyword(s):  
Genetically Modified Organism ◽  
Legal Regulations ◽  
Trade Law ◽  
Private Interests ◽  
International Trade Law ◽  
Policy Debates ◽  
Decolonial Theory ◽  
Domestic Courts ◽  
The Subject ◽  
The Law

For over six years now, the law has been central to policy debates about genetically modified organism (GMO) corn in México, the birthplace of maíz (corn). In the lawsuit Colectividad del Maíz, the domestic courts have shaped the policy on GMO corn. Out of concern for biodiversity, the courts have suspended regulatory approval for commercial GMO corn permits needed by seed companies. This article uses decolonial theory to examine how the law can both encourage and limit the use of GMOs. Decolonial perspectives isolate how economics, legal authorities, and ideologies work in unison to shape relations between the Global South and private interests. This is accomplished by defining the subject of any such legal regulations. Different legal doctrines treat GMOs in different and distinct ways. Under the doctrines of biosecurity, intellectual property, and international trade law, markets and biotechnology benefit as the subject of the law. Such doctrines disenfranchise maíz nativo (non-GMO corn) by making it the law’s object. The article also adopts Bruno Latour’s theory of “down to earth” politics to identify important changes in GMO regulations. Collective action litigation has limited the expansion of GMO corn via the application of precautionary principle measures and motivated new legislation in México.

scholarly journals Laws on Approval of Program-goal Documents: Genre Approach

2020 ◽  
Vol 28 (4) ◽  
pp. 263-277
Author(s):  
Marina Vladimirovna Batyushkina ◽  
Keyword(s):  
Legal Discourse ◽  
Legislative Process ◽  
Program Goal ◽  
The Subject ◽  
Points Of View ◽  
The Law ◽  
Spatio Temporal ◽  
Semantic Types ◽  
Conducting Research ◽  
The One

The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.

Vereinbarte Mitbestimmung und Aktionärsbeteiligung in der SE

2019 ◽  
Author(s):  
Max Kleissler
Keyword(s):  
Supervisory Board ◽  
Point Of View ◽  
The Other ◽  
Coherent System ◽  
Legal Regulations ◽  
European Company ◽  
Operational Level ◽  
Other Hand ◽  
The Subject ◽  
The Law

The European Company (SE) is characterised by negotiable co-determination, which makes it attractive from the point of view of German companies in particular, despite incomplete legal regulations. However, the law assigns the negotiations on co-determination on the part of the companies exclusively to the so-called management bodies, although these are not only concerned with co-determination at an operational level, but also within the supervisory board. On the other hand, the law is extremely rudimentary on the participation of shareholders. It is precisely this shareholder participation that is the subject of the investigation, including its supplementation to a coherent system. Not only the formation procedure, but also the possibilities of participation are examined if there are renegotiations on the previously negotiated co-determination regime. Finally, the work deals with proposals to improve shareholder participation de lege ferenda.

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