The Act on the National Cybersecurity System as an Implementation of the NIS Directive

2020 ◽  
Vol 12 (1) ◽  
pp. 179-193
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
Information Systems ◽  
Legal System ◽  
Subject Matter ◽  
Critical Analysis ◽  
Scientific Literature ◽  
European Parliament ◽  
Basic Method ◽  
The Subject ◽  
The Republic ◽  
High Level

The article is devoted to the issue of the implementation of the Directive of the European Parliament and of the Council (EU) of 6 July 2016 on measures contributing to a high level of security of networks and information systems within the territory of the Union (the so-called NIS Directive) into the Polish legal system. In this context, the author analyses the Act on the National Cybersecurity System, presenting the system and its individual components. The subjects of consideration are the provisions of the Act on National Cybersecurity System of the Republic of Poland and other legal acts concerning the subject matter, which entered into force before the adoption of the analysed act. In conclusion, the author states that in some cases, it is necessary to amend individual legal acts in order to avoid ambiguities which lead to disruption of the system as a whole. The basic method used in this article is legal dogmatics and critical analysis of the scientific literature, documents and opinions of experts—practitioners.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

scholarly journals Mediacja obligatoryjna – uwagi na tle ustalania predyspozycji mediacyjnej sporu oraz obaw stron przed stosowaniem mediacji

2018 ◽  
Vol 27 (3) ◽  
pp. 61
Author(s):  
Adam Zienkiewicz
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Justice System ◽  
Practical Experience ◽  
Business Cases ◽  
The Subject

<p>The main aim of the article is to present the considerations concerning the issue of introducing mandatory mediation into the Polish legal system within the scope of business lawsuits as well as some other kinds of civil disputes with respect to determining their suitability for mediation and the parties’ concerns regarding the use of mediation. The choice of the subject matter and the aim of these considerations have been mainly inspired by the author’s practical experience of working as a mediator in civil disputes (including business cases) and the relevant statistics concerning mediation proceedings held within the Business Mediation Center (BMC) at the District Chamber of Legal Advisers in Olsztyn. Introducing an obligation to mediate in selected types of disputes into the Polish social-legal system following an appropriate legislative and organizational preparation should, in principle, be considered beneficial as it might lead to popularizing mediation and making the most of its potential and advantages. Furthermore, expanding the citizens’ access to the broadly understood system of justice in its in- and out-of-court formula may result in reducing a backlog of cases in courts of justice and, in consequence, strengthening the idea of diversification in the justice system.</p>

On Two Stories in Apuleius

Antichthon ◽  
1975 ◽  
Vol 9 ◽  
pp. 68-80 ◽  
Author(s):  
C.M. Mayrhofer
Keyword(s):  
Subject Matter ◽  
Critical Analysis ◽  
Doctoral Dissertation ◽  
Unique Element ◽  
Narrative Style ◽  
Sequence Of Events ◽  
Logical Sequence ◽  
The Subject

The late B. E. Perry’s work on the stories of Aristomenes and Thelyphron in Apuleius’s Metamorphoses is a classic of its kind. Originally a by-product of his doctoral dissertation on Lucius of Patrae, it has stood the test of time as a critical analysis of Apuleius’s narrative style; Perry himself repeated his analysis with only minor changes of emphasis forty odd years later in The Ancient Romances, having energetically repelled a few attacks early in its career, and it holds the field still. His study on the two stories observes an effect which all readers sense in the text, perhaps without being aware of it as a distinct phenomenon, and traces this effect to certain causes which lie under the surface of the text. As he said: ‘I am trying to explain for myself and others the secret of that exceedingly strange and romantic effect which certain of (Apuleius’s) stories produce.’ He goes on to remark: ‘Only a part of this effect is produced by the subject matter as such’; that which is peculiar to Apuleius, ‘the unique element … which contributes most of a reader’s sense of mystification, even when he is not aware of it, is the absence of a natural and normally logical sequence of events …’

The Common Law in Lesotho

1969 ◽  
Vol 13 (3) ◽  
pp. 127-144
Author(s):  
Sebastian Poulter
Keyword(s):  
South Africa ◽  
East Africa ◽  
Southern Africa ◽  
Legal System ◽  
Common Law ◽  
The Subject ◽  
The Common ◽  
English Law ◽  
The Republic

Whereas the reception and operation of English law in West and East Africa have been the subject of much study over the last few years, the introduction and application of Roman-Dutch law in Southern Africa (apart from South Africa itself) have received scant treatment.1 This article deals only with the position in Lesotho and attempts to show the extent to which Lesotho's legal system is tied to that of the Republic of South Africa, and thus strengthens the geographical and economic bonds which link the two countries.

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

scholarly journals METODE PEMBENTUKAN KEPRIBADIAN ISLAMI MENURUT SYAIKH TAQIYUDDIN AN-NABHANI

2019 ◽  
Vol 17 (2) ◽  
pp. 279
Author(s):  
Gus Din El-Haq ◽  
Iwandi Iwandi
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Teaching Process ◽  
Islamic Theology ◽  
The Subject ◽  
Islamic Faith

Syaksiyah Islamiyah is an Islamic Personality. In Muslim scientific literature, the concept of Islamic personality has not been widely developed by Muslim scientific thinkers themselves, so this affects the difficulty of applying Islamic personality and methods of formation. Based on this, this paper contains the thoughts of Muslim leader Syaikh Taqiyuddin An-Nabhani about his views and ideas on the concept of Islamic personality and its method of formation. Islamic personality is formed by Islamic aqliyah and nafsiyah Islam. With the method of instilling Islamic aqeedah and tsaqofah Islam and habituation to always be bound by syara law '. Thus, the formation of Islamic personality is done by means of first compiling a curriculum based on Islamic faith, second, making Islamic theology as the basis of the subject matter, and third using the method of talaqqiyan fikriyan in the teaching process.

scholarly journals Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime

2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Subject Matter ◽  
Civil Servants ◽  
Employment Relationship ◽  
Legal Responsibility ◽  
Collective Agreement ◽  
Employment Relations ◽  
Distinctive Features ◽  
The Subject ◽  
The Republic ◽  
Labour Legislation

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

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