scholarly journals Legal basis for the functioning of special services in Poland

2020 ◽  
Vol 196 (2) ◽  
pp. 292-307
Author(s):  
Marian Kopczewski ◽  
Zbigniew Ciekanowski ◽  
Anna Piotrowska
Keyword(s):  
The State ◽  
Legal Basis ◽  
Internal Security ◽  
Intelligence Agency ◽  
Special Services ◽  
Special Service ◽  
The Status ◽  
Set Up ◽  
The Military ◽  
State Protection

The article presents the most important legal acts regulating the activities of special services in Poland in the years 1990-2018. As part of the political transformation, the Office of State Protection (Polish abbrev. UOP) was set up according to the Act of April 6, 1990. It replaced the previous civil intelligence and counterintelligence. In 2002, the Office was liquidated and replaced the Intelligence Agency (Polish abbrev. AW), and the Internal Security Agency (Polish abbrev. ABW) were established under the Act of May 24, 2002. The AW was created to protect the external security of the state, while the ABW was intended to protect the internal security of the state and its constitutional order. The mentioned Act divided the tasks between those services. Even though preventing and detecting crimes of corruption of public officers was one of the ABW’s tasks, the Act of June 9, 2006, established the Central Anti-Corruption Bureau (Polish abbrev. CBA), giving it the status of a special service, although the CBA performs typical police tasks. On the other hand, the Act of June 9, 2006, on the Military Counterintelligence Service (Polish abbrev. SKW) and the Military Intelligence Service (Polish abbrev. SWW) constituted a legal basis for the operation of both services in place of the liquidated Military Information Services (Polish abbrev. WSI). The article focuses on the services currently operating. The legal regulations constituting the basis for their functioning were analyzed. These are mainly competence acts, to which many amendments were introduced. They resulted, among others, from the implementation of directives and regulations of European institutions, decisions of the Constitutional Tribunal, the introduction of new laws, concerning, e.g., the establishment of the State Protection Service (Polish abbrev. SOP) or changes in the Marshal’s Guard’s powers. Attention was drawn to numerous ordinances amending the statutes, particularly as regards the ABW, and thus reorganizing the structures of offices.

scholarly journals Draft for Understanding the Historical Background of Changes in the Ideological Language and Communication of Secret Services in 20th Century’s Hungary

2020 ◽  
Vol 33 (3) ◽  
pp. 855-898 ◽  
Author(s):  
Bela Revesz
Keyword(s):  
Deep Understanding ◽  
The State ◽  
Historical Background ◽  
Remarkable Feature ◽  
Special Services ◽  
New Period ◽  
Working Together ◽  
Hungarian State ◽  
The Military ◽  
State Protection

Abstract Words can mean different things to different people. This can be problematic, mainly for those working together in a bureaucratic institution, such as the secret service. Shared, certified, explicit and codified definitions offer a counter to subjective, solitary and/or culturally dominant definitions. It’s true that codified secrecy terms for secret services can be seen to involve a number of political, cultural, subcultural “languages”, but if words come from unclassified or declassified files, memorandums and/or records, one needs a deep understanding of the secret services. A remarkable feature of this bureaucratic language is the evolving nature of, certain “keywords” as important signifiers of historical transformation. Thus, the changes in the language of the secret services depends at least as much on the internal changes of the secret services as on the transformation in the external political-social environment. In spite of the confusion of Hungarian secret services in the revolutions of 1918–1919 and the disintegration of the Austrian-Hungarian Monarchy, in the early 1920’s became a stable system. Between the two World Wars, the Hungarian State Police directed by the Ministry of Internal Affairs (hereinafter referred to as MIA), the Military Intelligence and Counter-Espionage directed by the Ministry of Defence (hereinafter referred to as MoD), and the Hungarian Royal Gendarmerie directed by both of the Ministries had their own operational service. This structure existed unchanged until 1945. Simultaneously with the forward advance of the soviet troops, government began to re-establish the former system of the secret services in the eastern part of the country. After WWII, in 1946, the “State-protection Department” as political police became independent from the police. However, from the beginning, they remained under the control of the Communist Party. After 1950, the State Security Authority provided special services for the MIA and the Military Political Directorate of the MoD. After quashing the revolution in 1956, in the spring of 1957, the MIA Political Investigation Department was established which—with slight modifications—kept the structure created during the “state protection era”. The MIA III. The State-Protection General Directorate was established in 1962. The reorganization was finalized in the middle of the 1960’s, which resulted in the new system, which—with the structure of Directorates—became the ultimate structure of the state secret police until the abolishment of the MIA General Directorate III in January 1990. These organizational transformations were largely the result of exogenous historical-political changes. Moreover, each new period had a major impact on the organizational communication, language use and vocabulary of the secret services. This study seeks to interpret these historical transformations.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

Police History

Criminology ◽  
2012 ◽  
Author(s):  
Peter Neyroud ◽  
Antonio Vera
Keyword(s):  
Industrial Revolution ◽  
The State ◽  
Rapid Urbanization ◽  
Principal Influence ◽  
Set Up ◽  
Public Disorder ◽  
Prevention Of Crime ◽  
Indian Police Service ◽  
The 19Th Century ◽  
The Military

“Police history” predates the evolution of the “police” as a permanent occupational group within a bureaucratic institution, providing the primary state response to crime and disorder. That was primarily a development of the 19th century and a reaction to the rapid social change of the industrial revolution and rapid urbanization. Prior to 1800, governments maintained order by a variety of means, local and national. One of the key historical debates concerns the effectiveness of these approaches and the degree of continuity between the premodern and modern police models. Around 1800 a small number of distinctively different types of police institution emerged. The French, under Napoleon, instituted the Gendarmerie, a state military police model. It evolved from the “Marechaussee,” which had had a dual military and civil function since the 16th century. The model was exported across Europe by Napoleon. The British developed two models. The first, set up to answer similar challenges to the Gendarmerie in France, was the Royal Irish Constabulary model. It was close to the state military model, but distinctively styled as part of the civil power of the state and subordinated to the Magistracy. The Irish model was subsequently exported to Britain’s colonies and became the basis of forces such as the Indian Police Service. The Metropolitan Police was consciously created as a local force with a uniform that was deliberately different from the military and a mission that focused on prevention of crime rather than the repression of disorder. This state civilian model became the basis for all UK forces on the mainland and the principal influence on the development of East Coast US policing in the 1840s. As the three models have developed and evolved in different political systems over the years since 1800, they have both diverged and converged in various ways. There has been significant convergence in the basic disciplines of policing. However, the governance of the police, the use of force, and the management of public disorder have, in many cases, remained quite distinct in the late 20th and early 21st centuries. This bibliography has been organized by national histories. This is, in some ways, the easiest way to organize the material, but it also presents some difficulties in showing some of the crosscutting issues and challenges.

‘The Redemption of the Rascals’: The Xinzheng Reforms and the Transformation of the Status of Lower-Level Central Administration Personnel

2003 ◽  
Vol 37 (4) ◽  
pp. 799-829 ◽  
Author(s):  
Luca Gabbiani
Keyword(s):  
Steady Increase ◽  
Central Administration ◽  
New Schools ◽  
Examination System ◽  
Administrative Personnel ◽  
The Status ◽  
Set Up ◽  
The One ◽  
New Generation ◽  
The Military

Two of the main practical problems which confronted the Xinzheng reforms (1901–1911) were, on the one hand, financial issues, and on the other, personnel issues. In this paper, I will concentrate on the latter. When one thinks of the reforms in relation to administrative personnel, the main aspects generally brought up are centered upon innovations introduced at that time. Among other things, we could mention the new schools or, to be more general, the new educational system that was built up around the empire—mostly after 1900—to prepare a new generation of officials trained in specific fields of ‘modern’ knowledge. They, in turn, were expected to fill in the positions in the newly set up administrative institutions at the central and local levels. Their new training was to allow them to be in charge of the new responsibilities the reformed Qing bureaucratic apparatus had set out to perform in such fields as justice, fiscality and finances, the military and police, education or public health, to name but a few. To summarize, the search for talented men, a Chinese age-old principle for sound government, was trusted to that for new talents. The 1905 disbanding of the traditional examination system did much to reinforce this trend. During the first decade of the 20th century, the steady increase in the number of Chinese young men going abroad to study—especially to Japan—can serve as a testimony to this `new knowledge and new talent fever' of the late Qing. The fights against one another to which some of the central and provincial administrative offices resorted in order to secure for themselves the services of those deemed of talent are but another exemplary illustration of this aspect.

III. State Treason Trials During the Puritan Revolution, 1640–1660

1972 ◽  
Vol 15 (1) ◽  
pp. 37-53 ◽  
Author(s):  
Adele Hast
Keyword(s):  
Common Law ◽  
The State ◽  
Direct Link ◽  
Legal Basis ◽  
Legislative Body ◽  
Law Courts ◽  
The Government ◽  
Set Up ◽  
Council Of State ◽  
Legal Procedures

The government of the parliamentary party during the Puritan Revolution of 1640–60 instituted changes in judicial and legal procedures to maintain its power and subdue its enemies. This study of treason trials conducted by the state will examine their legal basis and the events and activities considered treasonable. It will show the ways in which the concept of treason changed under a revolutionary government, and to what extent those trials conducted during the interregnum differed in their legal—judicial bases and content from those held before the King's death. Although there were hundreds of treason convictions during the interregnum throughout England, either by military courts-martial, or by common-law courts sitting in the provinces — as is shown by the Acts providing for die sale of estates forfeited to the Commonwealth for treason — this discussion will limit itself to trials initiated by the government in London. These state trials illustrate die political use of the treason charge; diey provide a direct link between the enactment of the interregnum treason laws and their implementation by the same legislative body. Not only was the meaning of treason determined, and die machinery of trial set up, by parliament; but who was to be tried was also decided eidier by parliament or die Council of State, and, after 1654, by the Protector and his council. It will dierefore be instructive to examine the types of treasonous action considered sufficiendy threatening to warrant parliamentary attention.

scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Local Elections ◽  
Legal Basis ◽  
Additional Time ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
Legal Entities

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

scholarly journals OCTOBER 21, DAY OF THE STATE LANGUAGE – UZBEK LANGUAGE. CONNECTING NATION MEDIUM

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  
Keyword(s):  
The State ◽  
Legal Basis ◽  
Thirtieth Anniversary ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
Official Status ◽  
State Language

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...

scholarly journals What Was Protected by the State in Vilnius and Nowogródek Voivodeships Between 1928 and 1939? Evaluation and Listing of Cultural Monuments

2021 ◽  
Vol 47 ◽  
pp. 30-61
Author(s):  
Viktorija Kurienė
Keyword(s):  
Small Group ◽  
Statistical Methods ◽  
Evaluation Process ◽  
The State ◽  
Cultural Value ◽  
Nature Protection ◽  
The Status ◽  
Catholic Churches ◽  
Cultural Monuments ◽  
State Protection

This article focuses on the process of monument listing, done by conservators of Vilnius in interwar Poland and which provided the monuments state protection. Between 1931 and 1939, monument conservators made 202 decisions confirming monumental value to various objects of architecture, urbanistics, archeology and nature. In the text the listing and evaluation process is described by analyzing the register of monuments and the decisions it was based on. The documents from the archive of the Art Department of Vilnius voivodeship are used in the article. The analysis of the register of monuments is based on statistical methods. Interpretation and evaluation are based on analytical and comparative methods. The research leads to findings that monument listing was dominated by architecture. Objects of nature were announced monuments based on their cultural value. Officially the status of a monument was given on the grounds of its aesthetics, age or documental value. However, the inner motive was Polishness. Thus, the most frequent monuments were baroque Catholic churches. The patriotic context is also seen in nature protection. The process of monument listing was led by only one expert – a conservator of monuments. The monument status and state protection depended on their interests, expertise and power. The conservator cooperated only with a small group of Polish authority and intelligentsia, leaving the majority of society out of this heritage process. The decision confirming monumental value was a way to control and have an impact directly on the monument’s existence, indirectly – on the discourse of memory. The monument listing reveals values and identities of a Polish art historian working for the state. Consequently, these values and identities were projected for the whole society as universal. This type of discourse on heritage, conception and practice was common in Western countries in the 20th c.

Honduras: All-Purpose Militarization

2021 ◽  
Author(s):  
Kristina Mani
Keyword(s):  
Political System ◽  
Armed Forces ◽  
The State ◽  
Civilian Control ◽  
Civic Action ◽  
Internal Security ◽  
The Public ◽  
History Of ◽  
Political Economic ◽  
The Military

The Honduran military has a long history of established roles oriented toward both external defense and internal security and civic action. Since the end of military rule in 1982, the military has remained a key political, economic, and social actor. Politically, the military retains a constitutional mandate as guarantor of the political system and enforcer of electoral rules. Economically, its officers direct state enterprises and manage a massive pension fund obscured from public audit. Socially, the military takes on numerous civic action tasks—building infrastructure, conserving forests, providing healthcare, and policing crime—that make the state appear to be useful to its people and bring the military into direct contact with the public almost daily. As a result, the military has ranked high in public trust in comparison with other institutions of the state. Most significantly, the military has retained the role of arbiter in the Honduran political system. This became brutally clear in the coup of 2009 that removed the elected president, Manuel Zelaya. Although new rules enhancing civilian control of the military had been instituted during the 1990s, the military’s authority in politics was restored through the coup that ousted Zelaya. As no civilian politician can succeed without support for and from the military, the missions of the armed forces have expanded substantially so that the military is an “all-purpose” institution within a remarkably weak and increasingly corrupt state.

scholarly journals Pour réussir le bilinguisme judiciaire au Nouveau-Brunswick

2005 ◽  
Vol 24 (1) ◽  
pp. 55-67
Author(s):  
Michel Bastarache
Keyword(s):  
New Brunswick ◽  
The State ◽  
French Language ◽  
Legal Practice ◽  
Legal Proceedings ◽  
Provincial Level ◽  
The Status ◽  
Official Languages ◽  
Set Up ◽  
Legislative Measures

This article outlines the different attempts over the years to secure the status of the French language in legal proceedings in New Brunswick. A 1968 opinion reiterated rulings dating from 1650 and 1784 that English is the applicable language in all proceedings at the provincial level. Subsequent rulings have modified the state of events but in most cases on paper only. In 1980, the New Brunswick Association of Lawyers set up an investigative commitee whose tasks were to identify any inherent problems in the use of French in provincial courts and to find a way of integrating the two official languages into New Brunswick's legal practice with as little animosity as possible. The publication of the committee's report led to new legislative measures assuring the implantation of bilingualism in its provincial courts. Although legislators had hoped for speedier implementation of the measures, it is important to keep in mind the difficult context in which these changes are taking place. A change in attitude is apparently necessary before the transformation is complete.

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