THE ADMINISTRATIVE LIABILITY UNDER ART. 24, PAR. 2 OF THE ADMINISTRATIVE VIOLATIONS AND SANCTIONS ACT

The article examines the administrative penal liability of employees and managers of enterprises, institutions and organizations under article 24, par. 2 of Administrative Violations and Sanctions Act (AVSA). The general character of the responsibility and the relation between the institutes of the criminal and administrative law in connection with the application of art. 24, par. 2 of the law are discussed. The paper analyzes the preconditions of the responsibility under art. 24, par. 2, as well as admission and abetment as forms of responsibility of the heads of enterprises, institutions and organizations. It is concluded that the setting of additional requirements to the responsibility of the heads of organizations, as well as its direct connection with the guilty administrative violation by the respective employee, complicates the implementation of the administrative penalty and withdraws the administrative bodies from the application of article 24, par. 2 of the Administrative Violations and Sanctions Act.

REFLECTIONS ON THE SUBJECT OF THE INFLUENCE PEDDLING (ART. 326 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA)

This analysis focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for influence peddling, particularly the subject in the case of offenses of the influence peddling and the purchase of influence. In this sense, the subject of the crime provided in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova is addressed in detail, which must be a person who has influence or who claims to have influence over a public person, persons with public dignity, foreign public figures or an international official. Thus, a person who has no influence or who does not claim to have influence over a public person, a person with a position of public dignity, foreign public figures or an international official can only contribute - through complicity, organization or instigation - upon execution of the objective side of the crime specified in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova.

Przepisy karne ustawy o prawie autorskim z 1926 roku w pracach ustawodawczych i praktyce sądowej. Naddruk – plagiat – strona podmiotowa – sankcje karne

The Penal Provisions of the Polish Copyright Law of 1926 in Legislative Works and Judicial Practice: Overprint – Plagiarism – the Subjective Side – Penal Sanctions This paper is the result of the continuation of ongoing studies on the penal provisions of the Polish Copyright Law of 1926. Some of the research results were presented in the article titled The Penal Provisions of the Polish Copyright Law of 1926. The History of Its Creation –Its General Characteristics –Art. 61 and Its Significance for Further Regulations, which was published in “Cracow Studies of Constitutional and Legal History”(2018, issue 4). This text is a presentation of the analysis of special provisions regulating penal liability for the offences of overprint and plagiarism. Further in the article, the notion of the subjective side is discussed in relation to the offences defined in the Polish Copyright Law of 1926 and also the penal sanctions provided for these offences. In the analysis of the specific problems, emphasis is placed on the course of works on the regulations conducted by the Codification Commission and by the Parliament as well as on the issues related to their application. This approach makes it possible to reconstruct the fundamental legal problems faced by the codifiers and subsequently by the system of justice applying the relevant regulations. The studies concerning the application of copyright law were mainly focused on the judicial practice of the District Court in Kraków. They were based on the court registers and records from the interwar period stored in the National Archives in Kraków. The archival research discovered that the cases concerning the infringement of copyright constituted barely 0.09% of all criminal cases lodged with the District Court in Kraków in the 1930s. In that period, only five persons were definitely sentenced in this respect. Even though there were few criminal cases concerning copyright infringement in the times of the Second Polish Republic, the rulings issued, especially those issued by the Supreme Court, undoubtedly influenced the formation of jurisprudence regarding the interpretation of copyright, and they continue to be cited in pertinent literature up to this day.

Ramy odpowiedzialności dyscyplinarnej studenta

The main aim of the paper is to discuss legal frames of disciplinary liability of students under the Higher Education and Science Act of 20 July 2018. Assuming that disciplinary liability constitutes a type of sensu largo penal liability, the stress is put on the shortcomings of current regulations in terms of the limits of this kind of legal responsibility. Since the definition of ‘disciplinary misconduct’ is partial, the author concentrates on whether the provision requiring disciplinary bodies to apply – mutatis mutandis – the provisions of the Code of Criminal Procedure in matters not governed by the Higher Education and Science Act, enables (or even obliges respective authorities) to apply provisions contained in chapters I-III of Criminal Code.

Extenuation in the Penal Code 2015 and Current Issues

Extenuation is considered by the Court when issuing a sentence, manifesting the state’s leniency policy and the classification principle of penal liability in the Penal Code of Vietnam, ensuring efficiency and meaning of penalties. On this basis, this Article provides a new scientific approach to the definition of extenuation, analysing contents and levels of extenuation in provisions of the Penal Code 2015 (revised in 2017), examining issues in practical adjudication, and making recommendations on crime prevention and improvement of rehabilitation and re-education of individual and corporate offenders in the current context of the country. Keywords: extenuation, leniency policy, classification principle, goodness, penalty. References: [1] National Assembly, Penal Code 2015.[2] Political Bureau, Resolution No. 49-NQ/TW on 2 June 2005 on“Judicial Reform Strategy until 2020”, Hanoi.[3] Supreme People’s Court, Collection of criminal laws, Volume I (1945-1974), Hanoi, 1975.[4] Supreme People’s Court, Collection of criminal laws, Volume II (1974-1978), Hanoi, 1979.[5] National Assembly, Penal Code 1985.[6] National Assembly, Penal Code 1999, revised in 2009.[7] Le Cam, Trinh Tien Viet, Offender’s record: Some basic theoretical issues, People’s Court Journal, Issue No. 1/2002.[8] Trinh Tien Viet, Impact of extenuating circumstances in deciding criminal penalties, Legal Science Journal, Issue No. 1/2004.[9] Justice Council of the Supreme People’s Court, Resolution No. 02/2018/NQ-HĐTP on 15 May 2018 on “Guidance on application of Article 65 of the Penal Code on suspended sentence”.[10] Thieu Van Thinh, Cao Bang People’s Procuracy, https://tapchitoaan.vn/bai-viet/phap-luat/mot-so-luu-y-khi-quyet-dinh-ap-dung-hinh-phat-duoi-muc-thap-nhat-cua-khung-hinh-phat, accessed on 05 May 2020.[11] Justice Council of the Supreme People’s Court, Resolution No. 01/2018/NQ-HĐTP on 24 April 2018 on “Guidance on application of Article 66 and Article 106 of the Penal Code on conditional parole”.[12] Tran Thi Quang Vinh, Extenuating circumstances in Vietnamese criminal law, Doctoral Thesis in Law, Institute of State and Law, Hanoi, 2002.[13] Dao Tri Uc, Vietnam Criminal Law, Volume I –General part, Social Science Publishing House, Hanoi, 2000.

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

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.

Anthropological foundations of Polish Penal Law in the light of the 1997 Constitution of the Republic of Poland

When making penal law regulations, the legislator is faced with axiological choices of tremendous impact, hence it should take into consideration the moral conditions that are inherent to the specific civilisation and culture, particularly interpreted from constitutional axiology. In the doctrine of penal law and penal sciences that aspire to influence the content of penal legislation, the perspective of constitutional values, principles and norms should always be taken into account. However, the constitutional context does not only offer strict and express legal rules, precisely formulated guarantees, imperatives and prohibitions, constitutional or competence-related provisions but also generally worded optimising norms and, often only implicit preferences, assumptions and axiological views of the author, among them the vision of human nature. The specific anthropological concept that the constitution-maker has assumed as the axiological basis of its law-making decisions proves to be heterogeneous and becomes a necessary reference point for various law-making and law-applying bodies, all recipients of legal norms, and also the representatives of scientific disciplines recommending changes to the law.The anthropological stance adopted in the Constitution can be inferred primarily from the principle of human dignity as well as from the foremost position of the personal freedom of the individual in the hierarchy of constitutional values or from the interpretation of the constitutional concept of common good. The principle of human dignity entails the axiomatisation of the normative content of the Constitution. The Constitution of the Republic of Poland, in its Article 30, does not aspire to re-invent the concept of the human being or prioritise specific rights and freedoms but only confirms that they exist and obliges public bodies to respect and protect them. The analysis of the content of the Constitution of the Republic of Poland reveals that it is founded on the personalistic concept of a human being. This indeterministic concept implies that the individual takes rational and free choices and socially relevant decisions manifested in their actions and is subject to liability, including penal liability, based on these actions. This is relevant to the definition of the paradigm of expert assessments of penal law and to the legislative effort.Under effective constitutional law, it is impossible to develop a system of penal law response based on such anthropological concepts as behaviourism, determinism, post-humanism, anti-humanism, trans-humanism, biotechnology, trans-species approaches, etc. The idea of the rejection of the subjective nature of a human being and departure from the classic rules of penal liability based on the perpetrator’s actions and guilt are out of the question. These notions should be interpreted in the light of personalistic anthropology. Any concepts that rationalise penal sanctions exclusively on the grounds of protection of public safety or crime prevention which make penal liability instrumental and objectify perpetrators are in conflict with constitutional axiology. Moreover, constitutional anthropology cannot endorse solutions that implement a strictly behavioural vision of crime response, that is, one in which the application of penal sanctions is understood as a kind of social engineering or correctional tool separated from liability. The perpetrator of a prohibited act cannot be subject to interventions regarded as forced therapy or psychotechnical correction of non-conformist attitudes and pathological personality. It is also unacceptable to attempt to treat animals or artificial intelligence as subjects of law or making them fall under penal liability.All in all, due to the hierarchical structure of the sources of law, any proposals and conclusions in the field of penal law-making and interpretation must be aligned not only with the norms but also with the axiology of the Constitution of the Republic of Poland. If criminology and other penal sciences do not want to turn into purely theoretical science, detached from the axiological, legal and social reality of combating crime, and if their findings are to be taken into account in practical state policy, they must follow a paradigm consistent with the context of the fundamental values and norms embedded in the Constitution. From the perspective of constitutional anthropology, the paradigm of penal sciences that corresponds to the axiological assumptions behind the existing political system is the classical paradigm in which a human being is perceived as a rational, self-determining and free being, creating and responsible for their own actions. The property of scientific pursuits within the classical paradigm also confirms the repeated references of the constitution-maker to the concept of justice and the treatment of justice as the fundamental and universal value of the legal system.

SCOPE OF RESPONSIBILITY OF THE LOCAL AND HEALTH RESORT TAX COLLECTOR

The collector is obliged to collect and transfer the local or health resort tax to the compe-tent tax authority. His liability is limited only to the amounts of fees he collected and not which he paid to the account of the body. He is not responsible for unpaid fees, although he is obliged to collect them. This scope of responsibility of the collector limits the effec-tiveness of collecting fees and may expose the taxpayer to negative consequences. The collector, who does not perform his duties and does not charge any fees, cannot be held responsible under this law regulations nor with fiscal penal liability.

The Penal Liability of the Moral Person in the Electoral Publicity Crimes in the Jordanian House of Representatives Electoral Law No. 6 of 2016

This study aims to clarify the provisions of the liability of the moral person in the electoral publicity crimes in the Jordanian House of Representatives Electoral Law No. 6 of 2016, and to clarify the problems of implementing the criminal sentences issued against him. The study indicated that the Jordanian legislator did not stipulate any substantive or procedural rules concerning the penal liability of the moral person for the electoral crimes in the House of Representatives Electoral Law No. 6 of 2016 relying on the general rule stated in Article 74 of the Jordanian Penal Code No. 16 of the year 1960 and its amendments, which established the penal liability of the private moral persons and excluded the public moral persons i.e. the governmental department or official or public institution. The study concluded that the liability of the moral person in the electoral publicity crimes is subject to the general provisions included in the general section of the Penal Code and the Code of Criminal Procedure concerning the general procedural rules applicable to the natural person that are in line with the nature of the moral person, which constitutes a legislative deficiency as its adoption is not sufficient to establish of the penal liability of the moral person in the electoral publicity crimes, without creating an integral procedural system for prosecuting the moral person when he commits the electoral publicity crimes.