scholarly journals Problematyka prawa do grobu w kontekście dóbr osobistych

2019 ◽  
pp. 19-33
Author(s):  
Anna Chodorowska ◽  
Łukasz Szumkowski
Keyword(s):  
Criminal Code ◽  
Civil Code ◽  
Wide Field ◽  
The Past ◽  
Personal Rights ◽  
Human Individual ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Living Person

The historical feature of the protection of corpses, as well as the development of funerary tendencies, is an integral part of the functioning of our civilization, from the very beginning of time. The approach to death depends on the cultural and denominational circle as well as time. Respect for the living and the dead was in the past a separate division of civilization and thought development. Nowadays, new trends can be observed in the development of the protection of the human individual, as well as his name or reverence. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. At the moment when, according to the law, we cease to deal with a living person, and we start talking about corpses, certain rights are ceded to the closest persons, some are subject to inheritance. The right that people who are closest to someone’s death to cultivate this person according to their own conscience and religion and the contract between the entity authorized to burial and the cemetery management, as well as a number of related circumstances (on the drudge of several areas of law), will be called the right to the grave. The existence of the right to the grave belongs to arguable issues, as the liberty of the subject granting a certain sphere of possibility of proceedings, including its the scope of power. In the article, the Authors also discuss the issues related to the offense described in the art. 261 and 262 of the Polish Criminal Code. The dogmatic analysis carried out with regard to elements of a prohibited act has made it possible to establish, the scope of criminalization of these acts.

scholarly journals Przegląd orzecznictwa Sądu Najwyższego

Radca Prawny ◽  
2021 ◽  
pp. 229-248
Author(s):  
Kacper Milkowski
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Civil Code ◽  
Case File ◽  
Legal Provisions ◽  
Personal Rights ◽  
Retroactive Effect ◽  
Clean Environment ◽  
The Moment ◽  
The Right

Overview of the decisions of the Polish Supreme Court Pursuant to the resolution of the panel of seven judges of the Polish Supreme Court of May 7, 2021, case file no. III CZP 6/21, which became a legal principle, an illegal contract term (Article 3851 § 1 of the Polish Civil Code) is from the beginning, by virtue of the law itself, ineffective for the benefit of the consumer who may give free and informed consent to this provision and thus restore its retroactive effect. If the loan agreement cannot be binding without an ineffective provision, the consumer and the lender are entitled to separate claims for the reimbursement of cash benefits provided in the performance of the agreement (Article 410 § 1 in conjunction with Article 405 of the Polish Civil Code). The lender may request the return of the benefit from the moment the loan agreement becomes permanently ineffective. The resolution of the Polish Supreme Court of May 28, 2021, case file no. III CZP 27/20, is of exceptional importance, as according to it the right to live in a clean environment is not a personal good. Protection of personal rights (Article 23 of the Polish Civil Code in conjunction with Article 24 of the Polish Civil Code and Article 448 of the Polish Civil Code) covers health, freedom, privacy, which may be breached (threatened) by an inadequate air quality, which does not meet the standards specified in legal provisions. However, according to the resolution of the Polish Supreme Court of March 31, 2021, case file no. I KZP 7/20 – a violent crime within the meaning of Art. 41a § 1 of the Polish Criminal Code is any crime that was actually committed with the use of violence, and the word “violence” used in this legal provision includes both physical and mental violence.

On the Question of the Theoretical Foundations of Regulating Justifiable Defense in Criminal Legislation

2021 ◽  
Author(s):  
S.V. Parhomenko ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legislative Regulation ◽  
Russian Constitution ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Criminal Legislation ◽  
Theoretical Foundations

The article considers the problem of creating effective criminal legal guarantees for the natural human rights realization in terms of legal regulation of such a circumstance that precludes the criminality of an act, as a necessary defense. The need for legislative regulation of the justifiable defense institution is proved by its social and legal purpose, proceeding from the idea of natural law. To make balanced legal decisions on the justifiable defense regulation in criminal law, it is necessary to identify the shortcomings of the previous theoretical and legal approaches. Basing on the analysis of the federal legislation provisions and the criminal law doctrine, the author proposes a model of legislative regulation of the studied norm. At the same time, it is argued that the subject of defense is the main addressee of the normative provisions on the justifiable necessary defense, it is he who should be able to obtain full information that affects the assessment of the legitimacy of his behavior: from the law and until the moment of implementation of the act of defense, and not at the stage of investigation on the fact of its illegality. Following the letter and spirit of the Russian Constitution, the legislator, who has defined the range of acts prohibited by the Criminal Code, must determine the ways of exercising the right to defense. The solution to this problem must have a differentiated approach, taking into account the value of the protected good and the typical nature of the situation in which this good is threatened with harm.

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.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

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.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Designing the social estate of odnodvortsy of the western provinces in 1831

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Social Hierarchy ◽  
Social Category ◽  
The Past ◽  
Imperial Russia ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

The Wages of Blackness

Jah Kingdom ◽  
2017 ◽  
Author(s):  
Monique A. Bedasse
Keyword(s):  
Political Campaigns ◽  
Pan African ◽  
Pan Africanism ◽  
History Of ◽  
Independent States ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
The Impact ◽  
Newly Independent States

When Rastafarians began to petition the Tanzanian government for the “right of entry” in 1976, they benefitted from a history of linkages between Jamaica and Tanzania, facilitated largely by the personal and political friendship between Julius Nyerere and Prime Minister of Jamaica, Michael Manley. This is the subject of the third chapter, which provides essential context for the repatriation. The chapter begins by unearthing the pan-African politics of Michael Manley, which he constructed after appropriating Rastafarian symbols and consciousness into his political campaigns. It also puts a spotlight on the extent to which African leaders of newly independent states helped to define the pan-Africanism of this period by detailing the impact of Julius Nyerere on Manley’s thinking. Finally, it juxtaposes Manley’s acceptance in pan-African circles across Africa with his personal struggle over his own perceived distance from blackness, as a member of Jamaica’s “brown’ elite. In the end, Rastafari was absolutely central to generating the brand of politics surrounding race, color and class in the moment of decolonization. The history of repatriation transgresses analytical boundaries between state and nonstate actors.

scholarly journals Les articles 8, 9 et 10 de la Charte canadienne des droits et libertés

2005 ◽  
Vol 25 (3) ◽  
pp. 677-698
Author(s):  
Marie Choquette
Keyword(s):  
Criminal Code ◽  
Legal Rights ◽  
Bill Of Rights ◽  
Canadian Charter ◽  
Section 8 ◽  
Legal Provisions ◽  
The Subject ◽  
The Right ◽  
Do So

Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.

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