Akademia Kujawsko-Pomorska
(Kujawsko-Pomorska Szkoła Wyższa)

AUTHOR: Dominik Borek

ORCID: 0000-0002-4359-9426

AFFILIATION: Warsaw School of Economics, Ministry of Sport and Tourism

SUMMARY: Bulgaria has always been a tourist destination of great interest for travellers from Poland. Everyone can find something of interest in Bulgaria’s diverse tourist offer1. Poland also boasts a similar geographic composition as regards its location with access to the sea and mountains. A similar geo-cartographic structure and environment make both countries predestined for cooperation in the field of tourism and exchange of good experiences. Each country is interested in further increasing the number of foreign tourist arrivals which are assigned to the export side on the balance of payments2. Reflections on cooperation in the field of tourism should begin with its origins. Poland is bound to Bulgaria by an Intergovernmental Agreement on Cooperation in the Field of Tourism. It was drawn up in Sofia on 10 January 1969. The discussion of this bilateral agreement will be a main goal. This paper has been drawn up as part of the implementation of the agreement concluded in September 2023 between IBS Bulgaria and the Polish Ministry of Sport and Tourism.

KEY WORDS: elections, electoral law, electoral rights, candidate

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AUTHOR: Michał Czakowski

ORCID: 0000-0001-7463-3490

AFFILIATION: Kujawy and Pomorze University in Bydgoszcz

SUMMARY: The legislator, based on the provisions of the Constitution, indicates the following types of elections to representative bodies: elections to the Sejm, Senate, President of the Republic of Poland, local government elections. The provisions of the Constitution do not contain any regulations concerning the elections of members of the European Parliament, which are regulated in the provisions of the Electoral Code. The election administration is responsible for the proper conduct and organization of elections. Electoral administration, in the objective sense, is an activity aimed at performing

KEY WORDS: elections, election administration, electoral bodies, electoral code

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LICENCJA: CC BY

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AUTHOR: Czesław Kłak

ORCID: 0000-0002-2886-4770

AFFILIATION: Uniwersytet Komisji Edukacji Narodowej w Krakowie

SUMMARY: The article analyses the concept of ‘ambiguity’ in expert opinions in criminal and civil proceedings, pointing out that despite its frequent use in legislation and case law, it has no legal definition. The author discusses the meaning of this defect in an opinion, referring to criteria such as incomprehensibility, inconsistency, illogicality or lack of consistency between conclusions and the research conducted. The similarities and differences in the procedure for verifying an unclear expert opinion under the Code of Criminal Procedure and the Code of Civil Procedure are presented, with particular emphasis on Article 201 of the Code of Criminal Procedure, Article 286 of the Code of Civil Procedure and Article 290 of the Code of Civil Procedure. The author formulates a thesis on the need to apply uniform criteria for the assessment and verification of expert opinions regardless of the type of proceedings, emphasising the primacy of recalling the same expert. The article also addresses the issue of terminology in subsequent expert opinions and considers the legitimacy of a possible amendment to the regulations in order to standardise practice.

KEY WORDS: expert opinion, ambiguity of opinion, criminal proceedings, civil proceedings, verification of opinion, Article 201 of the Code of Criminal Procedure, Article 286 of the Code of Civil Procedure, Article 290 of the Code of Civil Procedure

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AUTHOR: Wojciech Kołakowski

ORCID: 0009-0009-3300-1580

AFFILIATION: Uniwersytet Komisji Edukacji Narodowej w Krakowie

SUMMARY: The purpose of this study is to analyze the issue of price payment under real estate sale contracts within the Polish legal system. The study examines both the secondary market and sale contracts concluded under the Act of 20 May 2021 on the protection of the rights of purchasers of residential units or single-family houses and the Developer Guarantee Fund, under which property ownership is transferred to the purchaser upon the execution of the notarial deed, irrespective of price payment. The paper addresses the fundamental methods of securing payment, considering the possibility of concluding a preliminary agreement and making payments through a notarial escrow account. It analyzes possible solutions to the issue of non-payment of the price despite the execution of the ownership transfer deed, with particular attention to the seller’s right of repurchase stipulated in the sale contract and the statutory right to withdraw from a reciprocal contract. The study identifies significant deficiencies in the Polish legal system, in particular the prohibition on conditional transfer of ownership upon payment of the price and restrictions resulting from the inability to make payments into an escrow account in cases involving bank financing. The analysis leads to de lege ferenda recommendations, including, inter alia, the introduction of conditional transfer of ownership, automatic retransfer of ownership in the event of withdrawal from a contract, and broader application of the notarial escrow mechanism.

KEY WORDS: security of real estate sale, deposit, preliminary agreement, notarial escrow, developer act, right of withdrawal, right of repurchase, price payment colaterall

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AUTHOR: Tomasz Kowalczyk

ORCID: 0000-0001-7251-5431

AFFILIATION: Kujawy and Pomorze University in Bydgoszcz

SUMMARY: In his text, the author presents the differences between local government bodies in medieval towns established under Magdeburg law and Lübeck law. It is worth noting that despite their different locations, both systems are modelled on German towns and German municipal law. It is also worth emphasising that both systems have undergone many modifications. The author’s opinion is that both Magdeburg and Lübeck law were the most widespread German municipal laws in Poland. The text presents the creation and powers of judicial authorities, which often included a bench, a council and a mayor. This varied in different systems, where it was indicated who held power in which period. The composition of the council in cities under Lübeck and Magdeburg law, as a body of local government and municipal authority, is also presented. The chair of the council is also indicated. This was usually the mayor. In general, the text presents the differences and similarities between local government bodies. In the summary, the author focuses on presenting a few selected differences.

KEY WORDS: municipal law, Magdeburg law, Lübeck law, authorities in medieval towns

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TITLE: THE PROTECTION OF BANK CLIENTS UNDER THE AI ACT – AN OUTLINE OF THE ISSUES

AUTHOR: Iwona Lasek-Surowiec

ORCID: 0000-0002-7231-7993

AFFILIATION:  Państwowa Akademia Nauk Stosowanych w Chełmie

SUMMARY: The article analyzes the impact of Regulation (EU) 2024/1689 of the European Parliament and of the Council (the AI Act) on the protection of bank clients in the context of the use of artificial intelligence systems. The author indicates that banking is one of the areas most strongly co-shaped by the new regulations, due to the widespread use of algorithms in decision-making processes such as credit scoring and the prevention of financial fraud. The article highlights the need to ensure consistency between the technological regulatory framework and traditional principles of consumer protection. The author emphasizes that the key elements of the new model of protection are algorithmic transparency, human oversight, and the accountability of financial institutions for decisions made with the use of AI systems. An important theme is trust—understood not only as an ethical value but also as a legal category and a regulatory instrument. The AI Act aims to rebuild and strengthen clients’ trust in technology, forming the basis of a new standard of due diligence in the bank–client relationship. Together with the GDPR and sectoral banking law, the AI Act creates a new architecture of trust, in which technology becomes an integral element of both legal and social responsibility of banks.

KEY WORDS: AI Act; artificial intelligence; consumer protection; banking law; GDPR; trust; transparency

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AUTHOR: Katarzyna Majchrzak

ORCID: 0000-0003-4152-441x

AFFILIATION:  Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie

SUMMARY: This study presents the most important issues related to carer’s leave. The purpose of introducing carer’s leave is to enable employees to provide personal care for a family member or a person living in the same household who requires support for serious medical reasons. This type of leave aligns with policies aimed at promoting work-life balance. An employee is entitled to 5 days of carer’s leave per calendar year. It can be used at once or in parts. Leave is granted at the employee’s request, submitted in paper or electronic form. Although carer’s leave is unpaid leave, its period is included in the period of employment, on which employee rights depend.

KEY WORDS: employee leaves, family care, work-life balance.

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AUTHOR: Karolina Muzyczka

ORCID: 0000-0003-0569-1966

AFFILIATION: Uczelnia Łukaszewski

SUMMARY: The general principle of public interest introduces the principle of ex officio consideration of social interest and the legitimate interests of citizens, without specifying a hierarchy of these values or rules for resolving conflicts between them. From the point of view of the structure and objectives of administrative proceedings, it can be assumed that the interests are legally equivalent, which means that in the process of interpreting procedural norms, a public administration body cannot be guided by a pre-established hierarchy of these interests. In general, it can be said that the above provision imposes on the authorities conducting the proceedings an obligation to harmonise the public interest and the individual interest if they are in conflict with each other in a specific case. The scope of freedom of the administrative authority, resulting from the provisions of substantive law, is currently limited by the general principles of administrative proceedings, specified in Article 7 and other provisions of the Code of Administrative Procedure. The principle of administrative proceedings expressed in Article 7 of the Code of Administrative Procedure means that the content and scope of protection of legitimate individual interests in the actions of administrative authorities extend to the limits of conflict with the public interest.

KEY WORDS: public interest, administrative court, public administration authority, administrative proceedings, proceedings before an administrative court.

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AUTHOR: Patrycja Piasecka

ORCID: 0000-0002-1101-1253

AFFILIATION: Uniwersytet Kazimierza Wielkiego w Bydgoszczy

SUMMARY: Under national tax law, comprehensively reconstructing a system for protecting taxpayer rights is no simple matter. In Poland, taxpayers are most often protected only by specific laws, and the specific rights they are entitled to must be independently identified in rather extensive legal acts. This situation is further exacerbated by the fact that tax law offers no legal definition of the concept of taxpayer rights, which means there is no single, universally accepted understanding of this concept. Given that taxation is one of the most important constitutional regulations, shaping a highly disproportionate relationship between public authorities and individuals, where the taxpayer occupies an unequal (weaker) position, tax-related interference with the sphere of individual freedoms and rights requires a particularly strict constitutional framework. For this reason, it is necessary to determine whether the Constitution contains any regulations relating to the legal situation of the taxpayer, and if the answer is affirmative, to determine whether these regulations are sufficient to ensure effective protection of the taxpayer’s rights in the light of the growing disproportion between the rights and obligations imposed on him.

KEY WORDS: taxpayer, taxpayer rights, taxes, Constitution of the Republic of Poland, taxpayer protection.

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AUTHOR: Karolina Szczepańska

ORCID: 0009-0007-3631-4377

AFFILIATION: Uniwersytet Mikołaja Kopernika w Toruniu

SUMMARY: Torture is generally associated with physical punishments as a sanction for criminal acts, but in legal proceedings, it also served as a means of extracting confessions. It became most notorious in the inquisitorial process, where confession (confessio est regina probationum) was considered the most important form of evidence. The Constitutio Criminalis Carolina and Constitutio Criminalis Theresiana significantly influenced its role, regulating both the principles and methods of torture, which were carried out using various instruments. Although torture remained an integral part of the legal system for many years, opposition to confessions obtained through such means emerged relatively early. Advocates of legal humanitarianism criticized the outdated principles of substantive law and criminal procedure, highlighting the dangers of torture and its widespread abuses. They strongly demanded its abolition, as it was commonly practiced across Europe. After numerous legal reforms, the demands of Enlightenment thinkers were eventually realized.

KEY WORDS: torture, testimony, inquisitorial trial, instruments of torture, Constitutio Criminalis Carolina, Constitutio Criminalis Theresiana, legal humanitarianism.

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AUTHOR: Czesław Kłak

ORCID: 0000-0002-2886-4770

AFFILIATION: Uniwersytet Komisji Edukacji Narodowej w Krakowie

SUMMARY: The author shares the view expressed in the justification for the glossed decision that filing another complaint about the excessive length of the proceedings is permissible only after the expiry of the indicated period of 12 months - both if the previous complaint is accepted or not, but he notes that the Supreme Court wrongly assumed that in the analyzed case there were grounds to reject a new complaint about the excessive length of the proceedings. The temporal limitation when filing a new complaint about the excessive length of proceedings applies only to cases in which the competent court substantively examined the earlier complaint and, as a result, dismissed or accepted it. However, if the competent court rejects the earlier complaint or leaves it without consideration, the time limit does not apply. The author also notes that the Supreme Court incorrectly applied the provisions of the Code of Civil Procedure to the complaint about the length of criminal proceedings.

KEY WORDS: complaint about the length of proceedings, filing another complaint about the length of proceedings, rejection of a complaint about the length of proceedings, exemption from court costs in the scope of the fee for a complaint about the length of proceedings.

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AUTHOR: Radosław Zych

ORCID: 0000-0002-1221-9136

AFFILIATION: Uniwersytet Szczeciński

SUMMARY: The book under review, written by Tomasz Sińczak and Tomasz Kowalczyk, focuses on Hammurabi, the ruler of Babylonia in the 18th century BC. The choice of subject alone deserves praise, as it brings distant realities closer to the reader. These realities pertain to the ancient Semitic state that arose in the lands of Sumer and Akkad (now comprising southern Iraq). The state of that time was based on a slave system, and the political system was theocratic – the king was the representative of a deity and an absolute ruler. The population of the time, however, was socially divided into: full citizens; free but economically dependent workers; and slaves.

KEY WORDS: review of an academic publication, the Code of Hammurabi, the Old Babylonian monarchy, ancient history

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AUTHOR: Wiktor Dropiewski

ORCID: 0009-0003-2898-4320

AFFILIATION: Akademia Kujawsko-Pomorska w Bydgoszczy

SUMMARY: The justice system in Poland is becoming increasingly burdened. The number of cases is growing, as is the time required for their resolution. One potential solution to these issues is the use of artificial intelligence in judicial decision-making or in courts in general. However, this possibility should not be considered solely in utilitarian terms - as a means to improve court proceedings - but also as a significant intervention in the judicial process, affecting the entire axiology of justice. Ronald Dworkin dedicates an essential part of his integral theory of law to the process of adjudication. Referring to his views allows for an assessment of the feasibility of introducing artificial intelligence into the Polish justice system and how it can be reconciled with the philosophical foundations of justice. A comparison between already implemented technological tools in other countries and Dworkin’s theories ultimately suggests that the use of artificial intelligence in courts - beyond data retrieval and aggregation - is incompatible with the necessity of proper legal interpretation. Without appropriate legal interpretation, which includes reference to extralegal values, the administration of justice would be reduced to a mere textual reading of legal provisions, devoid of deeper axiological and social reflection.

KEY WORDS: artificial intelligence, Ronald Dworkin, legal theory, philosophy of law, justice system.

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AUTHOR: Adrian Pachciarz

ORCID: 0009-0001-2259-9144

AFFILIATION: Akademia Wymiaru Sprawiedliwości

SUMMARY: Knowledge of human rights is an important advantage in the work of a Prison Service officer. Learning about the catalogue of these rights significantly raises legal awareness, makes people more sensitive to the welfare of others and demonstrates the fundamental importance of the rule of law in the legal system. It means being aware of one’s own rights, but also of the rights of those under one’s care. The implementation of fundamental principles stemming from human rights at work contributes to definitely better results related to rehabilitation, which has currently become one of the basic tasks of penitentiary systems. The awareness of Prison Service officers should include knowledge related to the so-called general part of human rights, although knowledge of the specific part is of great importance in the case of this professional group. This reveals the vast space that links human rights with issues related to the broadly understood field of prison studies. It will definitely achieve better results when reinforced by ideals derived from universal human rights. When analysing the value of the educational ideal among prison officers, it is important to emphasise that, in addition to their obligation to respect human rights of persons deprived of their liberty, officers are also subjects of these rights. It is therefore worth emphasising loudly and clearly that human rights are an invaluable asset in both the private and professional lives of all prison service employees.

KEY WORDS: human rights, prisoners, penitentiary system, Prison Service, dignity, tolerance.

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AUTHOR: Igor Spławski

ORCID: 0009-0006-1133-1296

AFFILIATION: Akademia Kujawsko-Pomorska w Bydgoszczy

SUMMARY: Cohabitation, already defined in Roman law as a permanent union between a man and a woman without the intention to marry (affectio maritalis), is a phenomenon that has historically been present in many cultures. In the Polish legal system, however, cohabitation remains a de facto situation without comprehensive statutory regulation, which results in the lack of most of the rights enjoyed by spouses, especially in the areas of inheritance, property security and tax preferences. The case law of the Supreme Court and common courts consistently excludes the application of the provisions on marital property to cohabitants, even by analogy, allowing settlements mainly in proceedings for the abolition of joint ownership of jointly acquired property. Alternative legal bases are indicated in the provisions on fractional co-ownership, civil law partnerships and, most often, unjust enrichment under Article 405 et seq. of the Civil Code, including the concept of undue performance under Article 410 of the Civil Code. The position of cohabitants is treated differently under criminal law, where they are treated as the closest persons and enjoy specific procedural protection, while at the same time legislative work is underway on the future institution of civil partnerships.

KEY WORDS: cohabitation, cohabiting relationship, unjust enrichment, joint ownership, family law.

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AUTHOR: Igor Zgoliński

ORCID: 0000-0002-5097-6170

AFFILIATION: Politechnika Bydgoska im. Jana i Jędrzeja Śniadeckich

SUMMARY: The article presents the profile of Leon Peiper (1865–1942), an outstanding Polish jurist. For 46 years, he ran a law practice in Przemyśl, combining it with intensive academic work. His main area of interest was criminal law, including fiscal criminal law, misdemeanours and criminal proceedings. His most important works are commentaries on criminal codes and statutes from the interwar period, which were distinguished by their exceptionally practical approach. They were useful not only for students and theorists, but above all for legal practitioners. In his works, Peiper presented a dogmatic and systematic analysis of regulations, emphasising the consistency of the legal system, the importance of Supreme Court rulings and the social role of criminal law. His academic achievements, although still highly valued in doctrine, remain somewhat overshadowed by other lawyers of the interwar period. The main research objective of this article is to recall his figure, his main scientific achievements and his principal views.

KEY WORDS: Leon Peiper, Polish jurists, history of law, criminal law

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