Odmienny standard ochrony prawnej w elektronicznym postępowaniu upominawczym – uzasadniona potrzeba czy arbitralność ustawodawcy?

A different standard of legal protection granted in accelerated proceedings, which includes electronic writ proceedings (EWP), may and should be justified by the nature or subject of a given procedure. However, the separate lex specialis provisions introduced in the proceedings as compared to the solutions of ordinary proceedings may not lead to arbitrary limitations of the right to a court. The EWP, in the form given to it by the amendment of 4 July 2019, has largely been reduced to a sui generis court order for payment procedure, allowing for the pursuit of undisputed pecuniary claims. At the same time, it is still a way to obtain an enforce able title. From this perspective, the different standards introduced by the legislator resulting from the provisions of Art. 505 34 § 1 and 2 and art. 505 37 § 1 and 2 of the Code of Civil Procedure. The article is devoted to the analysis of the above-mentioned regulations and assessing whether the nature or subject of EWP justifies the differences provided for therein.

Dowód z opinii biegłego w postępowaniu uproszczonym ze szczególnym uwzględnieniem nowelizacji k.p.c. wprowadzonej ustawą z dnia 4 lipca 2019 r.

The text presents the issue related to the expert evidence in simplified proceedings. It takes into account the latest amendment to the Code of Civil Procedure introduced by the Act of 4 July 2019 amending the Code of Civil Procedure and certain other acts. Pursuant to the above Act, it was allowed to appoint experts in simplified proceedings by rewording article 505 7 of the Code of Civil Procedure. There are three paragraphs in it, each of which concerns various issues related to obtaining an expert opinion or, with reference to § 1 and § 2, with the resignation from seeking such an opinion. The author analyzes the introduced regulation, referring to the advantages and disadvantages of new solutions. The article also refers to the views expressed in the literature and judicature regarding the discussed issues.

Zakaz dowodowy przesłuchania mediatora w postępowaniu cywilnym, administracyjnym i karnym. Elementy wspólne i różnicujące (uwagi na tle art. 183 4 § 2 k.p.c., art. 83 § 4 k.p.a. oraz art. 178a k.p.k.)

This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 183 4 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.

O możliwości kumulacji roszczeń w postępowaniu uproszczonym

The article presents the issue of the cumulation of claims in simplified proceedings. In order to present the subject, reference was made to the purposes of the separate proceedings, as well as the institution of the cumulation of claims in ordinary proceedings. The article also refers to the issue of joint participation and indicates the consequences of unacceptable cumulation of claims in simplified proceedings. An attempt was also made to evaluate the changes introduced to the Act of 17 November 1964 – Code of Civil Procedure in the scope of the subject discussed in the article, which have been in force in the legal order since November 2019.

Istota tajemnicy ubezpieczeniowej ze szczególnym uwzględnieniem odpowiedzialności za jej naruszenie

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

Zatrzymanie prokuratorskie – przesłanki stosowania

The article discusses the provision of Art. 247 § 1 of the Code of Criminal Procedure, concerning the detention and compulsory transportation of a suspect or suspects, focusing on its guarantee character, which it acquired after the Constitutional Tribunal judgment of 5 February 2008. The paper presents controversies related to the interpretation of the prerequisites for the application of this institution and the influence of the previous procedural attitude of a suspect or suspected person on the possibility to apply the transportation.

Detenčné konanie v Slovenskej Republike

In the article entitled “The Detention Proceedings in the Slovak republic”, the author analyzes the issue of proceedings for the admissibility of taking and holding in a medical facility. The article pays attention to the reasons, principles and course of the detention proceedings. The aim of this article is through the analytical method to deal in detail with the rights and obligations of a person taken over and held in a medical facility and in particular the protection of his personal freedom.

Wpływ nowelizacji elektronicznego postępowania upominawczego na możliwość realizacji celów tego postępowania

The purpose of this publication is to analyze the provisions on electronic proceedings by writ of payment (hereinafter also: EPU) in the context of the possibility of achieving the objectives and assumptions that were the reason for the introduction of the provisions on EPU to the Code of Civil Procedure. At the beginning of her deliberations, the author makes a short analysis of the origins of electronic proceedings by writ of payment and defines the objectives which the authors of the electronic proceedings by writ of payment have set for the proceedings. Then, the analysis of subsequent amendments to the provisions of the Code of Civil Procedure until 2019 was conducted. The most extensive part of the study is a detailed analysis of the so-called large amendment to the Civil Procedure Law of 2019. The author criticises most of the solutions introduced, concluding that the amendment in question reduces the attractiveness of the proceedings in question and carries a serious risk of increasing the workload of courts of general jurisdiction.

Aspekty tajemnicy zawodowej tłumacza przysięgłego

The paper aims to present the opinion of professional secrets of a sworn translator. These issues are rarely found in your list of issues in the legal literature. At the beginning, the institution of a sworn translator is outlined. Next, the article’s merits, i.e. the analysis of the features of the translator’s professional secrets, will be discussed. Another aspect in this work will be released from the professional secrets of the translator and presented in the law to those that the Ombudsman referred to. The final paragraph will deal with sanctions for breach of professional secrets. The purpose of the performance is to show the specifications and profession of a sworn translator and his social significance. Professional secrecy is an important element in the qualification of this profession as a profession of public trust.