scholarly journals HUNTING RIGHTS IN POLAND

2018 ◽  
Vol 32 (1) ◽  
pp. 63-81
Author(s):  
Witold Daniłowicz
Keyword(s):  
Detailed Analysis ◽  
Legal Issues ◽  
Legal Institution ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law

Although hunting rights constitute the key element of Polish hunting law, so far they have not been subject to detailed analysis in legal writings devoted to the subject. This is most likely due to the fact, that the term itself is not used in the hunting legislation. The article fills this gap. It analyzes the legal nature of hunting rights under Polish law as well as examines legal issues most closely related to this legal institution, namely hunting preserve and hunting lease. Also analyzed is the ownership of game at large, game carcass, hunting trophies and shed antlers.

On the legitimacy of restoring the institution of an annuity right in rem on real estate

2021 ◽  
Vol III (III) ◽  
pp. 7-32
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Other ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Legal Nature ◽  
Basic Solutions ◽  
Polish Law ◽  
The One

The article presents the basic solutions to be applied in the so-called annuity real rights. These are limited real rights (iura in rem), which permit obtaining certain revenues from real property on a regular basis. Their essential purpose is to secure specified periodical benefits, primarily those of a pecuniary nature. These rights show some similarities, on the one hand, to pledge-type rights (especially mortgage) and, on the other hand, to easements. Currently, no annuity real charges of any kind have been regulated under the Polish civil law (since the entry of the Civil Code into force in 1965), as they were perceived, albeit incorrectly, as a reminiscence of the epoch of feudalism. However, they are still popular in other European civil law legislations, for example in the German, Swiss, Austrian, Spanish, Czech, Estonian, Slovenian or Croatian laws. The prototype for this category of rights is the real burden (German: Reallast). This paper presents various solutions for the latter institution as well as related institutions, such as the Swiss “annuity letter” (German: Gült, French: lettre de rente) and the German annuity land charge (German: Rentengrundschuld). Different concepts for the legal nature of the annuity rights have been presented, in particular the German real burden, which formed the basis for proposals of solutions in the work of the Polish Civil Law Codification Committee at the beginning of the 21st century. The potential usefulness of the real burden rights indicated in this article confirms the legitimacy of introducing this type of legal institution into the Polish law.

scholarly journals Provisions of Polish Law Concerning Interventions Against a Family Affected by Violence – The „Blue Cards” Procedure, its Legal Nature and Practical Problems and Related to Application

2020 ◽  
Vol 5 ◽  
pp. 35-48
Author(s):  
Michał Soćko
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Subject Matter ◽  
Family Members ◽  
Practical Application ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law ◽  
Definition Of

The subject matter of this article is the analysis of the provisions of the “Blue Cards” procedure initiated in the case of obtaining information about the use of domestic violence. The introduction presents the implementation thereof on the basis of the Act on Counteracting Domestic Violence. Next, the normative definition of domestic violence and family member and problems related to their practical application are discussed. The final sections illustrate the legal nature of the “Blue Cards” procedure, its course and legal steps that may be taken by a person suspected of using violence and family members affected thereby. Przepisy prawa polskiego dotyczące podejmowania interwencji wobec rodziny dotkniętej przemocą – procedura „Niebieskie Karty”, jej charakter prawny i praktyczne problemy związane z jej stosowaniem Przedmiotem artykułu jest analiza przepisów procedury „Niebieskie Karty”, inicjowanej w przypadku powzięcia informacji o stosowaniu przemocy w rodzinie. Na wstępie przedstawiono genezę wprowadzenia tej regulacji na grunt ustawy o przeciwdziałaniu przemocy w rodzinie. W dalszej kolejności przybliżono normatywną definicję przemocy w rodzinie i członka rodziny oraz problemy związane z ich praktycznym stosowaniem. W kolejnych częściach przedstawiono charakter prawny procedury „Niebieskie Karty”, jej przebieg oraz kroki prawne jakie może podejmować osoba podejrzana o stosowanie takiej przemocy oraz członkowie rodziny dotknięci taką przemocą.

scholarly journals The Role of the Marshal of the Voivodship in the Protection of Travellers in the Event of the Insolvency of Tour Operators and Related Tourist Services

2020 ◽  
Vol 40 (1) ◽  
pp. 109-130
Author(s):  
Tomasz Brzezicki ◽  
Dorota Sylwestrzak
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Comparative Method ◽  
Eu Law ◽  
Effective Protection ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law ◽  
The Eu

The authors briefly present the issues of the protection of travellers in case of the insolvency of tour operators and related tourist services. The reflections are primarily focused on the analysis of the tasks of the Marshal of the Voivodship in this respect and their legal nature. The subject of the study is primarily to present the current legal status, the position of the judiciary, and a legal and comparative analysis of the EU regulations with Polish regulations. The analysis is carried out from the perspective of the legitimacy of entrusting these tasks to the Marshal of the Voivodship, and consequently ensuring the effective protection of travellers. The article uses the theoretical-dogmatic, historical, and legal-comparative method. The reflections are based on a comparison of selected institutions of law functioning in the system of Polish law and legal solutions in force in the EU law.

Property Sanction under Article 83 of The Law for the Administrative Offences and Sanctions

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Svetla Yankulova ◽  
Keyword(s):  
Detailed Analysis ◽  
Legal Nature ◽  
Penal Liability ◽  
The Subject ◽  
The Law

The subject of this article is the property sanction under article 83 of The Law for the administrative offences and sanctions. The text presents a detailed analysis of the different statements of the legal nature of the property sanction, the function of the institute during passing the law and nowadays. The author states its opinion on this also. The property sanction is compared with the administrative penal liability by the subjects and the grounds for its imposition. The question of the function of the property sanction in The Bulgarian legislation is raised keeping in mind that this sanction nowadays is mainly about paying a certain amount of money and it looks like too much of a fine.

Re-appraising and Re-classifying: a New Look at the Corpus of Miniature Socketed Axes from Britain

2020 ◽  
Vol 75 (1) ◽  
pp. 1-27
Author(s):  
Alex Bliss
Keyword(s):  
Spatial Distribution ◽  
Data Collection ◽  
Detailed Analysis ◽  
Significant Proportion ◽  
Direct Result ◽  
Object Type ◽  
England And Wales ◽  
Extensive Data ◽  
Metal Artefacts ◽  
The Subject

The advent of the Portable Antiquities Scheme (PAS) has added a great deal to our understanding of prehistoric metal artefacts in England and Wales, namely in expanding enormously the corpuses of objects previously thought to be quite scarce. One such artefact type is the miniature socketed 'votive' axe, most of which are found in Wiltshire and Hampshire. As a direct result of developing such recording initiatives, reporting of these artefacts as detector finds from the early 2000s onwards has virtually trebled the number originally published by Paul Robinson in his 1995 analysis. Through extensive data-collection, synthesising examples recorded via the PAS with those from published excavations, the broad aims of this paper (in brief) are as follows: firstly, produce a solid typology for these artefacts; secondly, investigate their spatial distribution across England and Wales. As a more indirect third aim, this paper also seeks to redress the imbalance of focus and academic study specifically applying to Hampshire finds of this object type, which despite producing a significant proportion of the currently known corpus have never been the subject of detailed analysis.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Features of optative modality in Macedonian language (with emphasis on the functionalities of independent da-construction)

2020 ◽  
pp. 301-323
Author(s):  
Natalya I. Kikilo ◽  
Keyword(s):  
Detailed Analysis ◽  
Present Article ◽  
Literary Language ◽  
Natural Context ◽  
Wide Range ◽  
Verb Forms ◽  
Text Types ◽  
The Future ◽  
The Subject ◽  
Ritual Context

In the Macedonian literary language the analytic da-construction used in an independent clause has a wide range of possible modal meanings, the most common of which are imperative and optative. The present article offers a detailed analysis of the semantics and functions of the Macedonian optative da-construction based on fiction and journalistic texts. The first part of the article deals with the specificities of the optative as a category which primarily considers the subject of a wish. In accordance with the semantic characteristics of this category, optative constructions are used in those discourse text types where the speakers are explicitly designated (the most natural context for the optative is the dialogue). The analysis of the Macedonian material includes instances of atypical usage of the optative da-construction, in which the wish of the subject is not apparent and thereby produces new emotional tonalities perceptible to the reader of a fiction/journalistic text. The study describes Macedonian constructions involving two different verb forms: 1) present tense form (da + praes) and 2) imperfective form (da + impf). These constructions formally designate the hypothetical and counterfactual status of the optative situation, respectively. Thus, the examples in the analysis are ordered according to two types of constructions, which reflect the speaker’s view on the probability of the realisation of his/her wish. Unrealistic wishes can be communicated through the present da-construction, while the imperfective construction denotes situations in which the wish can be realised in the future. The second part of the article is devoted to performative optative da-constructions, which express formulas of speech etiquette, wishes and curses. The analysis demonstrates that these constructions lose their magical functions, when used outside of the ritual context, and begin to function as interjections.

FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin
Keyword(s):  
Legal Profession ◽  
Russian Empire ◽  
Legal Institution ◽  
Constitutional Principle ◽  
Political Work ◽  
The Reformation ◽  
Source Studies ◽  
The Subject ◽  
The Russian Empire ◽  
Xix Century

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

Public participation in the preparation of plans and programs: some reflections on the scope of obligations under Article 7 of the Aarhus Convention

2009 ◽  
Vol 6 (4) ◽  
pp. 495-515
Author(s):  
Jerzy Jendrośka
Keyword(s):  
Public Participation ◽  
Legal Issues ◽  
Eu Law ◽  
Legal Analysis ◽  
Aarhus Convention ◽  
Legal Nature ◽  
Scope Of Application

AbstractThe article aims to present the main legal issues related to implementation of the provisions of Article 7 of the Aarhus Convention regarding public participation in the preparations of plans and programs. The analysis is presented against the background of an overview of the legal nature and scope of obligations stemming from the second pillar of the Convention. The article attempts to identify the scope of application of Article 7 and the main elements of the framework for public participation included therein. The legal analysis is based, where appropriate, on the respective opinions of the Aarhus Convention Compliance Committee. The implementation of the Aarhus Convention in EU law will be addressed in this respect in a separate article in the forthcoming issue of the journal.

Audientia sacerdotalis?—Remarks on the Legal Nature of Dispute Resolution by Ecclesiastics in Late Antiquity

2021 ◽  
Vol 25 (1) ◽  
pp. 108-149
Author(s):  
Marzena Wojtczak
Keyword(s):  
Dispute Resolution ◽  
Late Antiquity ◽  
Simultaneous Increase ◽  
Legal Practice ◽  
Legal Doctrine ◽  
The Past ◽  
Lower Rank ◽  
Literary Sources ◽  
Legal Nature ◽  
The Subject

Abstract The problem of audientia episcopalis in late antiquity has been the subject of extensive research in the past. Previous studies have usually focussed on the legal doctrine, as well as the picture of bishop courts in the light of the literary sources. In contrast, the question of how audientia episcopalis functioned in the legal practice as shown by papyri has caused scholars much difficulty, due to the limited material available as well as the obscure nature of the institution. One could therefore ask: how is it possible that such allegedly common practice of dispute resolution by the bishops—as literary sources make us believe—is so elusive in the papyri? How to explain the simultaneous increase for that period of the papyrological attestations regarding arbitration/mediation carried out by the clergy of lower rank? Could we be dealing with some sort of audientia sacerdotalis functioning in the legal practice? How widespread was in fact the audientia episcopalis, and was this institution homogeneous or rather heterogeneous in nature? The paper presents the attempt to answer these questions by confronting the imperial law with the evidence of legal practice.

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