Land and mortgage registers as a cornerstone of real estate transactions in Polish law — a historical and legal outline (On the 40th anniversary of the enactment of the Land and Mortgage Registers and Mortgage Act)

With its core purpose of establishing the legal status of immovable property, the system of land and mortgage registers (perpetual books) operating in Poland plays a paramount social and economic role in ensuring legal security of real estate conveyancing, and thereby contributes to implementing the constitutional principle of democratic state ruled by law. The foundations for a uniform land and mortgage register law were laid down in the 1930s by the Codification Commission of the Republic of Poland, appointed after the Polish State regained independence in 1918, following the period of partitions. The works of the Commission were interrupted by the outbreak of the Second World War in 1939. In the early years of the post-war communist regime, the Commission’s draft provisions on land and mortgage registers served as the basis of the unified legislation that entered into force. Shortly thereafter, however, the very usefulness of the institution of land and mortgage register was contested by communist authorities, as it was considered contrary to the ideological assumptions underlying the socialist system. As a consequence, although not abolished, the land and mortgage register law’s relevance was diminished substantially for several decades, as manifested by the fact that it was not incorporated into the Civil Code of 1964. The significance of land and mortgage registers was restored to a certain degree only upon adopting the Land and Mortgage Registers and Mortgage Act of 1982, which, after being appropriately amended, is still in force. Subsequently, land and mortgage registers were subject to systemic reforms as part of the democratic transition process in Poland, and in recent years, advanced computerisation and informatisation actions have been undertaken bringing about noteworthy modernisation effects. In view of the forthcoming 40th anniversary of the enactment of the Land and Mortgage Registers and Mortgage Act, it is worth providing deeper insights into contemporary Polish land and mortgage register law against the historical background. The article is aimed at outlining the evolution of legislative and doctrinal approaches to the position of land and mortgage registers in the legal system in Poland — from the period of the interwar Codification Commission’s activity, through the decades of the totalitarian domination of the communist system, until the present time. In this respect, particular reference will be made to basic rules underpinning the organisation of land and mortgage registers. Based on the overview of the development of land and mortgage register law, with special consideration of its legislative marginalisation in the People’s Republic of Poland, conclusions will be drawn as to the current legal position of land and mortgage registers in the context of recognising the vital importance thereof for property law relations.

The system of international legal security of road-traffic safety

The article attempts to systematize international legal acts in the field of road-traffic safety. Its current state in the world is outlined. The general methodological bases of knowledge of a problem of the international legal security in the studied field are specified. Some components of the research methodology are directly identified in the system of international legal security in this area. Based upon the features of the system of legislation that takes place in the theory of law, a number of characteristic features of the system of international legal security of transport safety. This made it possible to offer an author's definition of this concept. The system of international legal security of road-traffic safety is represented by the classification of relevant international documents adopted during the last 70 years by the UN, WHO and other international institutions. Their division is carried out on the subject of legal regulation in the general field of road-traffic safety. This made it possible to identify eight groups of international legal acts: as for the formation of a global road-traffic safety policy; the creation of uniform traffic rules; in the field of passenger transportation and passenger transport; in the field of cargo transportation; in the field of accident prevention; in the field of road-traffic safety of youth; as for the road transport infrastructure; as for the punishment of persons for criminal offenses in the field of road-traffic safety and transport operation. Proposals are made for possible supplementation of the existing conventions taking into account the current state of development of the transport industry and the introduction of new technologies.

The Latin American Integration Route and local development in light of the constitutions of Brazil, Paraguay, Argentine and Chile

Based on the social, legal and economic implications imposed by globalization, as well as the integration between nations, this paper proposes to discuss the concept of development by analyzing the constitutions of Brazil, Paraguay, Argentine, and Chile, considering that a debate between academia and other institutions emerges in the Latin America integration context. This is an urgent and necessary dialogue to guide possible courses for this region. Countries from the most diverse continents already indicate a break in customs tariffs and the rise of new economic agreements, bringing countries of the Latin-American Integration Route (RILA) closer to the countries of today's greatest and most solid economic bloc, the European Union. This sets a precedent for the idea that RILA is becoming a macro-territory of increasing economic, social and legal visibility, which is a reason why thinking about regional development is a priority task, as well as drawing up studies and reflections that lead to a possible harmonization and integration of legal norms. These are tasks of the governments, academia, companies, and civil society. Furthermore, the present work discusses the need for legal grounds involving countries that make up the RILA, in order to provide greater legal security and dignity for the subjects involved in this intense process.

OBLICI ZAVEŠTANjA U SRPSKOM PRAVU

The subject of this paper is to investigate the influence of the testamentary formalism on the realization of the testamentary freedom. In this context, the author of the paper explores whether the legal conditions for disposing of the property in case of death on the basis of a certain type of testament and the formal requirements for the validity of each of them are defined in Serbian law in such a way that they offer good basis for the realization of testamentary freedom. Having given brief description of the types of testaments in the history of Serbian law, the author continues to research this matter in contemporary Serbian law by classifying the types of testaments based on their principal characteristics. In the central part of the paper, the author aims to determine whether the existing forms of testaments secure the authenticity of the last will of the deceased and legal security and underlines strength and weaknesses of all nine forms of testaments in Serbian law. In concluding remarks, the author argues that the low number of wills as the basis of inheritance, as well as their frequent annulment by court as a result of failing to meet the formal requirements for their validity, point to the fact that there is a need for the reform in this field of law and proposes some de lege ferenda solutions.

Principles of legal regulation of the institute of information security

The article in the context of methodologies of systematic analysis of legal phenomena reveals the content of the principles of legal regulation of the institute of information security. It is noted that information security is defined as the impossibility of causing harm by means of a security object, due to information and information structure. Principles play an important role in the legal provision of information security. The basic principles of legal regulation of the information sphere are enshrined in the Laws "On Information", "On the Basic Principles of Cyber Security of Ukraine", most of which are key to the development of legal regulation of information security processes. In order to improve the information security system from various challenges and threats, it is proposed to enshrine in information legislation the principle of presumption of security of critical information infrastructure, which establishes that critical information infrastructure is considered protected as long as the organizational and legal security of these facilities requirements set forth in regulations in the field of information security. It is stated that a wide range of problems of information security of the individual, society and state, development of cybersecurity culture, ensuring privacy and protection of access rights, protection of information systems, resources and networks, expanding the use of information technology in public administration, other information problems security needs careful study. The principles of legal regulation in the field of information security are revealed through normative detail. It is emphasized that with the development of scientific and technological progress and the latest forms of processing and use of information, the principles of regulation in the field of information security need to be correlated at the level of regulatory support.

Informal Settlers, Perceived Security of Tenure and Housing Consolidation: Case Studies for Urban Fiji

<p>The Pacific is an increasingly urban region. Accompanying this transformation has been the rapid growth of informal settlements in many Pacific nations. In Fiji, the site of the research, around 140,000 people are now living in informal settlements – often in poor quality housing, with inadequate service provision, in environmentally marginal areas, and with no legal security of tenure. Emerging theory suggests that understandings of security of tenure need to move beyond a legal/illegal dichotomy and focus on perceived security of tenure. This perceived security of tenure approach accepts that a much wider continuum of land use rights typically exist and argues that households may engage in processes thought vital to addressing growing informality – such as 'self-help' housing investment (often termed 'housing consolidation') – in the absence of any legal security of tenure. The research explores the nature of perceived security of tenure and housing consolidation in a unique context: a small-island state of dominant customary land. A mixed methods approach is taken, focusing on in-depth, semi-structured interviews with informal settlers in seven diverse case-study settlements across Fiji (on both state and native land). Ultimately the research seeks to inform a more nuanced understanding of Fijian informal settlements and suggest policy options for intervening amidst growing shelter informality. Results suggest perceived security of tenure is more positive and housing consolidation is more prevalent than might be expected across the research case studies – although important differences are evident between indigenous Fijian and Indo-Fijian settlers. The research also reinforces the importance of the land tenure variable in the Fijian context – particularly in influencing access arrangements to settlements, perceived security of tenure, and housing consolidation. Perceived security of tenure approaches look to promote a wider package of policy options for improving tenure security for informal settlers. The current research supports an approach focusing on the in situ upgrading of current state land informal settlements (in contrast to the traditional focus on resettlement). It is also clear that ending evictions from state land areas – which unfortunately are still occurring, if not escalating, in Fiji – is the most important means of improving perceived security of tenure for current informal settlers on state land. The research also focuses attention on informal settlements on native land – usually accessed by informal, or vakavanua, arrangements where new settlers negotiate a stay on the land directly with landowners. It is clear, however, that some of these arrangements – particularly for Indo-Fijian residents – leave settlers in precarious tenure situations. Informal settlements on native land also pose significant challenges as options for state intervention in these areas are limited. On the other hand, vakavanua arrangements do allow many low-income settlers to live affordably in central areas – and thus reflect the resilience and flexibility of customary tenure which is so important in the Pacific.</p>

Informal Settlers, Perceived Security of Tenure and Housing Consolidation: Case Studies for Urban Fiji

<p>The Pacific is an increasingly urban region. Accompanying this transformation has been the rapid growth of informal settlements in many Pacific nations. In Fiji, the site of the research, around 140,000 people are now living in informal settlements – often in poor quality housing, with inadequate service provision, in environmentally marginal areas, and with no legal security of tenure. Emerging theory suggests that understandings of security of tenure need to move beyond a legal/illegal dichotomy and focus on perceived security of tenure. This perceived security of tenure approach accepts that a much wider continuum of land use rights typically exist and argues that households may engage in processes thought vital to addressing growing informality – such as 'self-help' housing investment (often termed 'housing consolidation') – in the absence of any legal security of tenure. The research explores the nature of perceived security of tenure and housing consolidation in a unique context: a small-island state of dominant customary land. A mixed methods approach is taken, focusing on in-depth, semi-structured interviews with informal settlers in seven diverse case-study settlements across Fiji (on both state and native land). Ultimately the research seeks to inform a more nuanced understanding of Fijian informal settlements and suggest policy options for intervening amidst growing shelter informality. Results suggest perceived security of tenure is more positive and housing consolidation is more prevalent than might be expected across the research case studies – although important differences are evident between indigenous Fijian and Indo-Fijian settlers. The research also reinforces the importance of the land tenure variable in the Fijian context – particularly in influencing access arrangements to settlements, perceived security of tenure, and housing consolidation. Perceived security of tenure approaches look to promote a wider package of policy options for improving tenure security for informal settlers. The current research supports an approach focusing on the in situ upgrading of current state land informal settlements (in contrast to the traditional focus on resettlement). It is also clear that ending evictions from state land areas – which unfortunately are still occurring, if not escalating, in Fiji – is the most important means of improving perceived security of tenure for current informal settlers on state land. The research also focuses attention on informal settlements on native land – usually accessed by informal, or vakavanua, arrangements where new settlers negotiate a stay on the land directly with landowners. It is clear, however, that some of these arrangements – particularly for Indo-Fijian residents – leave settlers in precarious tenure situations. Informal settlements on native land also pose significant challenges as options for state intervention in these areas are limited. On the other hand, vakavanua arrangements do allow many low-income settlers to live affordably in central areas – and thus reflect the resilience and flexibility of customary tenure which is so important in the Pacific.</p>

Women Access to Land and Legal Security of Tenure in Ohafia Abia State Nigeria

Across the developing world, rural women suffer widespread gender-based discrimination in laws, customs and practices which cause severe inequalities in their ability to access, control, own and use land and limit their participation in decision-making at all levels of land governance. Most literature on land tenure in sub-Saharan Africa has presented women as a homogenous group. This study uses cases from Ohafia to show that women have differentiated problems, needs, and statuses in their quest for land access and tenure security. Ohafia in Abia State, Nigeria was the study area. The study employed both qualitative and quantitative methods including household surveys, semi-structured interviews, key informant interviews and observations. The experience of women revolved around fear of been cheated (19.7%), need a supporting hand (46.8%) and need approval from their husband (33.6%). The consequences of perceived exclusion and/or marginalization of women as revealed by women owner-occupiers are women subordination (70.2%) and marginalization of widow (29.8%). The study recommends the promotion of gender integration at all levels of projects and programmes by integrating gender perspectives in all future activities as it is required, for example, the FAO Gender Plan of Action and the UNCHS. To ensure gender inclusiveness in project and programme planning and in policy and decision-making, aiming towards a balanced representation of men and women in these bodies. Keywords: Land, Land Rights, Land Tenure, Women, Legal Security of Tenure

Regulatory and legal security implementation of political rights of citizens of Ukraine: current state, problems and development prospects

The article examines the current state of regulatory and legal support for the formation and implementation of political rights of citizens of Ukraine. The main provisions of the Constitution of Ukraine, laws of Ukraine, international legal agreements, bylaws are analyzed. The necessity of improving the regulatory and legal support of the right to peaceful assembly, as well as the right to public control, which is a component of the right to manage state affairs, is substantiated.