Studies in the field of law and politics. Miscellanies

Miscellanea vol. XIII

 

 

Studies in the field of law and politics. Miscellanea

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Marta Czakowska
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0002-5839-9267
PARTICIPATION OF ELECTORAL COMMITTEES IN COURT PROCEEDINGS PROVIDED FOR IN THE ELECTORAL CODE
License: CC BY 4.0
Published: 2023
Key words: electoral committee, judicial procedure, legal capacity, judicial capacity, elec-
tions
Abstract
The essence and functioning of a democratic state under the rule of law is inextricably linked to the provision of fundamental civil rights and freedoms, including, inter alia, electoral rights. One of the most important principles governing elections is the principle of free elections. The principle of free elections is based on three foundations, namely the freedom to put forward candidates, the freedom to conduct an election campaign and the freedom to express electoral preferences while guaranteeing the fairness of the election process. Against this background, there is a special regulation in the Polish electoral law - the entitled entities, which, in accordance with the principle of free elections, are ensured participation in the elections, are obliged to take the form of election committees. They play an extremely important role in the electoral process. An electoral committee is an entity that performs a number of electoral activities that affect the entire electoral process. For more than thirty years of the existence of election committees, the legislator has not decided to adopt a legal definition of an election committee. Moreover, despite the fact that the legislator granted them a key role in the electoral process, including the status of the only entity entitled to conduct the electoral campaign on an exclusive basis, as well as to undertake other activities in the electoral process, he did not clearly resolve the legal status of these entities by not granting them legal personality. The implementation of the right to a court in the course of activities undertaken during the period of the electoral calendar, as well as after its completion, is a guarantee of the correctness of the conducted electoral process.However, the ambiguous legal status of the election committee causes many problems in the jurisprudential practice.
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Dariusz Czakowski
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0002-9190-5256
CULTURAL PERSPECTIVES ON HATE SPEECH: A COMPARATIVE STUDY OF ITS
DEFINITION AND IMPACT IN DIVERSE SOCIETIES IN THE LIGHT OF LEGAL REGULATION
License: CC BY 4.0
Published: 2023
Key words: cultural studies, hate speech, the right to freedom of speech
Abstract
Hate speech is a complex issue that has garnered significant attention in recent years. It is defined as any form of speech that attacks a person or group based on their race, ethnicity, religion, gender, sexual orientation, or other characteristic. However, what consti- tutes hate speech can vary widely across different cultures and legal systems. This article explores the cultural perspectives of hate speech through a comparative study of its definition and impact in diverse societies. First, the challenges of establishing a universal definition of hate speech and the differences in legal definitions of hate speech in different countries will be analyzed. It then delved into the historical context of hate speech, including how it was historically treated in different societies and how cultural values influenced the evolution of the definition of hate speech. It then examined the cultural impact of hate speech, including its effects on individuals and communities and the societal consequences of unchecked hate speech. It also examined how cultural norms and values shape perceptions of the impact of hate speech. The paper will then focus on the regulation and enforcement of hate speech laws, including the approaches taken by different societies and the controversies surrounding the enforcement of these laws. Finally, a comparative analysis was conducted of significant hate speech incidents in different societies and how different cultures responded to these incidents. By exploring these topics, this research paper aims to provide a comprehensive understanding of the cultural perspectives on hate speech and its impact on diverse societies.
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Michał Czakowski
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0001-7463-3490
LEGAL ASPECTS OF INFORMATION SECURITY DURING ELECTIONS
License: CC BY 4.0
Published: 2023
Key words: information, crimes, election
Abstract
In the modern world, in 21st century information accompanies man at every stage of his activity, be it of a professional or private nature. Information is processed and recorded in various forms, ranging from oral, written in the traditional dimension, to the form using electronic means. Therefore, the overriding objectives of the state include ensuring adequate protection of information, i.e. information security, therefore security of each country is related to ensuring that access to certain information essential for its functioning is limited. Therefore, information protection systems are created.
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Sylwia Czakowska
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0003-3956-8966
THE IMPACT OF SOCIAL AND LEGAL FACTORS ON EARNINGS MANAGEMENT PRACTICES IN LISTED COMPANIES
License: CC BY 4.0
Published: 2023
Key words: social factors, legal factors, earnings management, ethics, culture, corporate governance
Abstract
Earnings management is a common practice in listed companies, which attracts the attention of theoreticians, regulators and accounting practitioners due to its ability to significantly change the financial narrative of these organizations. The main objective of the
article is to show the influence of social and legal factors on the occurrence and scope of earnings management in listed companies. The fulfillment of the research intentions is contained in three points. The essence of earnings management is presented and the conditions for its occurrence in reporting entities are indicated. Two main causes of earnings management, which are related to the motivation of the management staff, are discussed. Social factors that influence the occurrence and limitation of this practice in listed companies are also characterized. In addition, legal factors are indicated to protect stakeholders and ensure the reliability of financial statements, which effectively minimize opportunistic behavior of managers in listed companies. The research methods used are based on a critical analysis of the subject literature, comparative analysis and the inductive reasoning method. Based on the considerations conducted, it can be concluded that there is a complex interaction between social and legal factors and earnings management in listed companies.
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Marcin Jachimowicz
Affiliation: Świebodzin District Prosecutor's Office, National School of Judiciary and Public Prosecution
ORCID: 0000-0001-7251-5431
CRIMINAL LIABILITY OF THE EMPLOYER IN THE EVENT OF AN ACCIDENT AT WORK
License: CC BY 4.0
Published: 2023
Key words: accident at work, employer, crimes, penal code, penalt.
Abstract
The employer is responsible for the state of occupational health and safety at the workplace. It is his duty to protect the health and life of employees by ensuring safe and hygienic working conditions with the appropriate use of science and technology achievements. An
employee who has suffered an accident at work is entitled to a number of insurance benefits, which are paid by the Social Insurance Institution (ZUS). However, if the compensation from ZUS does not cover all the costs incurred in connection with the accident, the employee is entitled to a supplementary claim for compensation and redress against the employer. Moreover, pursuant to Art. 220 of the Penal Code, if the employer fails to fulfill his obligations, as a result of which he exposed the employee to a direct danger of loss of life or serious damage to health, he is liable to imprisonment for up to 3 years. In the event that the perpetrator acted unintentionally, he is subject to a fine, shall be punishable by restriction of liberty or imprisonment for up to one year. The offense referred to in Art. 220 § 1 or 2 k.k. is not the only crime that may be committed by the employer in connection with the occurrence of an accident. The
catalog of crimes that an employer may commit is very wide. In particular, failure to provide assistance (Article 162 of the Penal Code), obstruction of a rescue operation (Article 172 of the Penal Code), failure to notify about an accident at work (Article 221 of the Penal Code), intellectual forgery (Article 271 of the Penal Code), incitement to submit false testimonies (Article 18 § 2 PC in connection with Article 233 § 1 PC), as well as coercing participants in the proceedings (Article 245 PC).
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Łukasz Jankowski
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0002-2568-0386
ALTERNATIVE METHODS OF RESOLVING DISPUTES IN PUBLIC PROCUREMENT LAW
License: CC BY 4.0
Published: 2023
Key words: dispute resolution methods, public procurement law, mediation, conciliation, arbitration courts.
Abstract
For many years, alternative dispute resolution methods have allowed entities participating in the domestic and foreign public procurement market to jointly resolve disputes. It should be noted that in many cases the current legislation helps to resolve the dispute between the parties earlier by using alternative dispute resolution methods. One of the most famous and widely used methods of alternative dispute resolution is mediation. Mediation is a way of seeking a conciliatory solution in a situation where there is a difference of opinion between the parties or even a dispute arises over the relationship between them
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Katarzyna Lenczowska-Soboń, Kamil Samiczak
Affiliation: Maria Curie-Skłodowska University, the District Prosecutor's Office in Lublin, Criminal Investigation Department of the Police Academy in Katowice
ORCID: 0000-0002-1888-1665, 0000-0002-9486-6168
CRYMINAL ONLINE THREATS FOR PUBLIC SAFETY – PRENETION AND RESPONSE
License: CC BY 4.0
Published: 2023
Key words: cybercrime, cybersecurity, criminal threat, prevention, internet
Abstract
The article emphasizes that the development of cyberspace brings many benefits, but also poses growing threats to users and national security. Key factors include basic cyber hygiene principles, public education, the development of cybersecurity specialists and laboratories, as well as effective legal regulations and the protection of critical infrastructure. The authors also highlight the importance of computer forensics and raising awareness about digital evidence for effectively combating cybercrime.
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Ineta Lipskytė, Dalia Perkumienė
Affiliation: Kazimieras Simonavičius University, Lithuania
 
PROBLEMATIC ASPECTS OF INTERVIEWING MINOR WITNESSES (VICTIMS)
License: CC BY 4.0
Published: 2023
Key words: Juvenile, juvenile witness, juvenile victim, juvenile interrogation
Abstract
The article analyzes the peculiarities of the interrogation of minor witnesses (victims) in the criminal process, which are exceptional, because such interrogation takes place taking into account the characteristics of the psychological and social development of the minor, with the participation of psychologists and state representatives of child rights protection institutions, who ensure the protection of the minor‘s rights during the interrogation. On the other hand, the questioning of minors, although it is oriented towards the protection of the rights of these persons, is not necessarily based on their interests, although in the last decade there have been changes in the Code of Criminal Procedure, which have improved the protection of the procedural situation of minors, during the questioning of the criminal process, with the aim that the questioning itself implements the requirements of European Union directives. Properly organized interrogation is a necessary duty of a democratic state, therefore it is necessary to ensure that the interrogation of minors in criminal proceedings has as few shortcomings as possible, starting from the organization of the interrogation, which has a negative impact on minors, and ending with the functionality of the child rights protection system. Since minors cannot adequately defend their rights due to lack of maturity, they are subject to procedural guarantees. Guarantees are inseparable from the principle of protection of minors. Procedural guarantees are divided into general and special. Namely, the special ones are designed to ensure the rights of the participants in the criminal process
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Karolina Muzyczka
Affiliation: Kashubian-Pomeranian University
ORCID:  0000-0003-0569-1967
PROTECTION OF THE LEGAL INTEREST OF A PARTY IN AN INSTITUTION OF SETTLEMENT IN ADMINISTRATIVE PROCEEDINGS
License: CC BY 4.0
Published: 2023
Key words: approval of a settlement, results of a settlement, essence of a settlement, conclusion of a settlement
Abstract
In addition to commonly used imperious administrative acts, issued most often in the form of decisions, the Code of Administrative Procedure in Chapter 8 Section II provided for the institution of administrative settlement as the implementation of the principle of convincing - one of the most important functions of administrative proceedings. The settlement protects the interests of the parties, giving the parties the opportunity to show their activity in order to resolve the dispute amicably.
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Violeta Naujokienė, Gabrielė Klišmontaitė
Affiliation: Kaunas University of Applied Sciences, Kazimieras Simonavičius University, Lithuania
 
CHALLENGES IN THE LEGAL REGULATION OF THE LABOUR DISPUTES COMMISSION IN LITHUANIA
License: CC BY 4.0
Published: 2023
Key words: labor disputes commission, labor law, labor disputes, labor dispute resolution methods, employment relations
Abstract
This article critically examines the prevailing system of labor disputes in Lithuania, delving into the intricacies of the regulatory framework governing the activities of the Labor Disputes Commission. With a meticulous focus on the mechanisms employed for labor dispute resolution within the realm of labor relations and law, the analysis underscores the paramount importance of an effective resolution mechanism in fostering and preserving harmonious relationships between employers and employees. As an inherent facet of any workforce, labor disputes necessitate a well-structured resolution mechanism to uphold a congenial working environment. While the Labor Disputes Commission in Lithuania assumes a pivotal role in mediating employer-employee conflicts, the scrutiny of its functioning prompts a critical evaluation of the efficacy of its provisions and the imperative need for potential reforms. Additionally, the article conducts a comparative assessment of foreign systems of labor dispute resolution, specifically examining the legal regulations governing the Institutes of Labor Disputes in Lithuania and Poland. The ensuing conclusions aim to inform and advocate for meaningful enhancements to the existing framework, to fortify the Institute of Labor Disputes in Lithuania
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Svajūnas Navickas, Dalia Perkumienė
Affiliation: Kazimieras Simonavičius University, Lithuania
 
TESTAMENTAL INHERITANCE THEORETICAL AND PRACTICAL ASPECTS
License: CC BY 4.0
Published: 2023
Key words: inheritance by will, validity, challenge, inheritance, heirs
Abstract
The problems of inheritance law are still not popular among legal scholars. And here, like every year, one of the most interesting topics for citizens is inheritance law. This shows that this institute is relevant and important for a large part of society. People who encounter inheritance problems for the first time have no idea that it is a more complicated process than it might seem at first glance. A will has the higher power of law than an intestate succession. Therefore, in the absence of exceptions provided by law, the testator has the absolute right to deprive the heirs of the right of inheritance according to the law. And for the heirs according to the law and according to the will, if they inherit, it is important to challenge the will. Prove that it does not meet the requirements of the law and does not have any legal force. Proving all this is a difficult and tedious process, which often ends to the plaintiff’s disadvantage. Unlike other interested parties, the testator seeks to protect his assets. Therefore, his will is especially respected, and invalidation of the will is possible only in exceptional cases. Making a will is encouraged and considered a positive basis for inheritance law. This article discusses the concept of a will and its meaning, conditions for the validity of a will and cases when it becomes disputable or invalid.
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Mariusz Piekło
ORCID: 0009-0002-8935-945X
FUNCTIONING OF LOCAL GOVERNMENT UNITS DURING A STATE OF EMERGENCY AND STATE OF NATURAL DISASTER AND THE POWERS OF THE PRESIDENT OF THE REPUBLIC
License: CC BY 4.0
Published: 2023
Key words: state of emergency, state of natural disaster, local government
Abstract
The Act on the State of Emergency provides for a number of restrictions on human and civil liberties and rights that may be introduced. Actions to prevent or remove the effects are managed by different entities, depending on the size of the area where a state of natural disaster has been introduced. The introduction of a state of natural disaster also results in changes in the functioning of local government. Eligibility may be modified during a natural disaster and obligations of public authorities. The Act on the State of Emergency provides for a number of restrictions on human and civil rights and freedoms that may be introduced, but most of them do not affect the functioning of local government bodies. The grounds for its introduction are threats to the constitutional system of the state, the security of citizens or public order. However, it should be borne in mind that when a state of emergency is introduced, the measures remain at the disposal of the President of the Republic of Poland and the Council of Ministers, more precisely, the decision
The President of the Republic of Poland may decide to introduce a state of emergency at the request of the Council of Ministers. while the state of natural disaster remains the responsibility of the Council of Ministers.
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Karolina Szczepańska
Affiliation: Nicolaus Copernicus University in Toruń
ORCID: 0009-0007-3631-5398-4377
THE EXECUTIONER IN MEDIEVAL AND EARLY MODERN TRIAL
License: CC BY 4.0
Published: 2023
Key words: executioner, torture, death penalty, torture chamber, Constitutio Criminalis Carolina, legal humanitarianism
Abstract
The institution of the executioner was established in western Europe at the beginning of the late Middle Ages. References to his role in proceedings can be found in Germany around the 12th century. In smaller centres, references to the executioner appear only two centuries later. The legal rules of that period established the role of torture in the proceedings as a means of extracting evidence and, above all, admissions of guilt. It became necessary to employ a suitable person with knowledge and skills in capital punishment and torture. The codification that significantly strengthened the position of the executioner was the Constitutio Criminalis Carolina of 1532, which launched the inquisitorial process in Germany. This article focuses on the role of the executioner in criminal procedure, the recruitment system, and the training process of future executioners. It also presents the public’s attitude towards the profession. The executioner was often viewed with repugnance and dislike, compared to the devil, and ascribed to the world of witchcraft. In addition to taking part in the proceedings, the executioner assumed other activities, including running a medical practice, overseeing a brothel together with his wife, and sometimes taking on the role of a dealer in stolen property. The second half of the 18th century saw fundamental changes in the practice of justice in most European countries. These significantly affected the role of the executioner in judicial proceedings. Driven by the implementation of the demands of the movement known as legal humanitarianism, the new penal codifications provided for the death penalty in an increasingly infrequent manner, with torture ceasing as a means of extracting confessions.
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Szymon  Śliwonik
Affiliation: Kujawy and Pomorze University in Bydgoszcz
ORCID: 0000-0002-2027-9454
PENAL RESPONSIBILITY FOR THE LAWLESS VIOLATION OF VOTING FREEDOM
License: CC BY 4.0
Published: 2023
Key words: election, election eligibility law, penal law, crimes against elections and referendum, penal code, violation of the voting freedom, election code
Abstract
The election laws are one of the fundamental human rights, especially in a democratic law country. In the light of this, any action from the potential perpetrator directed at such a fundamental right of the citizen, should be subjected to condemnation from society and a proper reaction from the state. The legislative in the 1997 Penal Code art. 250 penalized the behaviour which influences the entitled person’s voting freedom and voting according to their views. The goal of the article is to analyze the constructions of the signs of the crime and familiarizing the reader with the problematic of the perpetrator’s penal responsibility for lawless violation of voting freedom.
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Deimantė Tamošauskienė, Olegas Beriozovas, Dalia Perkumienė
Affiliation: Institute of Law and Technology of Kazimieras Simonavičius University, Lithuania
 
EUTHANASIA. A HUMAN RIGHT TO CHOOSE OR A CRIME?
License: CC BY 4.0
Published: 2023
Key words: euthanasia, right to life, decriminalization
Abstract
The most protected and protected individual right is the right to life. This right is protected not only by national, but also by various international legal acts and conventions. Without life, a person is no longer a person, when life ceases, the existence of that person in
different roles - lover, father, mother, daughter, brother - ends. But where there is a right, there is a duty. Hence, defending the right to life entails an active duty to protect it. The question arises whether a person with the right to life does not have a countervailing right to choose to end his life for important reasons - chronic pain, physical or mental illness that prevents a quality life. Although active euthanasia is legal in only a few countries, passive euthanasia is allowed and recognized in most countries. When considering the arguments for and against euthanasia, it is first necessary to find out the very meaning and essence of the concept, what it is, and why this issue causes so much conflict between supporters and opponents of euthanasia. In any case, helping a person who is in or feels hopeless to die is not valued unambiguously. The article reviews the development of euthanasia, how the attitude towards it changed in different periods, and the conflict between science and faith in the issue of euthanasia.
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Igor Zduński
Affiliation: Jan and Jędrzej Śniadecki University of Technology in Bydgoszcz
ORCID:0000-0002-2566-3105
PROBLEMS OF WAR CRIMES JURISDICTION IN UKRAINE
License: CC BY 4.0
Published: 2023
Key words: crime against humanity, genocide, Russia’s aggression, international justice, International Criminal Court
Abstract
In the introduction of the article, the cited international legal regulations will not be a dead letter of the law provided that effective Ukrainian law enforcement agencies are in place, as well as the inevitable Ukrainian judiciary strengthened by the complementary jurisdiction of the ICC acting on the basis of the ICC Rome Statute. Addressing the issue of jurisdiction is timely given that legal doubts are being raised in the media space about legal obstacles to the application of international regulations in connection with Russia’s withdrawal from the ICC Rome Statute and the fact that Ukraine is also not a party to the Statute. In view of the existing legal doubts especially with regard to the prosecution and trial of crimes of aggression, it is necessary to discuss the establishment of a special international tribunal. In the remaining subject matter relating to the ICC’s jurisdiction, it is to be hoped that the hopes of the international community will allow the restoration of a sense of justice
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Debuts

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Anna Tabuła
Affiliation: Kujawy and Pomorze University in Bydgoszcz
LEGAL ADVICE CENTERS CONDUCTED IN PARLIAMENTARY OFFICES. CASE STUDY
License: CC BY 4.0
Published: 2023
Key words: status of MP, representative mandate, parliamentary immunity, parliamentary offices, free legal aid, parliamentary committees, legal education, Sejm of the Republic
Abstract
The article aims to introduce the issue of free legal aid provided by MPs’ offices. This paper discusses the status of an MP, focusing specifically on the parliamentary mandate, free and imperative mandates, and parliamentary immunities. In addition, the duties of an MP, such as participation in the work of the Sejm, work in parliamentary committees and the need to establish contact with voters, are presented. The publication also touches on the issue of free legal aid in Poland, with particular emphasis on the scope of such assistance. There is also a small discussion of the activities of MP Iwona Kozłowska’s office, her role in the legislative process, including the provision of free legal advice. MP Iwona Kozłowska is presented as committed to people with special needs, including people with disabilities and seniors. The MP’s office offers legal advice that is accessible to local residents. The issues discussed in the publication highlight the need to increase public awareness of the availability of free legal aid and the need for cooperation between institutions to promote these services.
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Varia

 

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Janusz Kutta
Affiliation: Kujawy and Pomorze University in Bydgoszcz
THE RECONSTRUCTION OF THE POLISH GENERAL JUDICIARY IN GREATER POLAND AND VISTULA POMERANIA, 1918–1922: PART 1
License: CC BY 4.0
Published: 2023
Key words: ordinary courts, Greater Poland, Vistula Pomerania, Second Polish Republic
Abstract
This article describes the process of rebuilding the ordinary courts in Greater Poland and Vistula Pomerania between 1918 and 1922, following Poland’s regaining of independence. It discusses the organization of the justice system, the most significant challenges associated with the establishment of Polish courts, and the measures taken to unify the legal system in these regions.
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