Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 16 (2015)

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    PODMIOT I STRONA PODMIOTOWA PRZESTĘPSTWA NADUŻYCIA ZAUFANIA Z ART. 296 KODEKSU KARNEGO. WYBRANE ZAGADNIENIA
    (2015-10-16) Pecuszok, Ksenia
    This article explores the issue of the offence of criminal breach of trust, as defined in the article 296 the Penal Code of the Republic of Poland of June 6th, 1997. In particular, the subjective part of a crime was investigated and the characteristics of the subject of the crime (perpetrator) were given. Next, the author attempts to define the following terms: “dealing with”, “running”, “economic activity”, “entrepreneur” and “property issues”. This paper provides a fresh point of view on the offence of criminal breach of trust in the context of economic law and/or criminal law. Such approach will facilitate a deeper understanding of the issue and provide a basis for the diagnosis of many phenomena that may be relevant to future interpretations.
  • Pozycja
    WYCZERPANIE PRAW WŁASNOŚCI INTELEKTUALNEJ
    (2015-10-16) Serafin, Tobiasz
    Broader issue of intellectual property at the present time is used both in terms of economic and legal. Institution exhaustion of intellectual property rights is widely used now, and regulations are largely sufficient. However, should pay attention to the similarities between different types of exhaustion of rights, whether in the field of industrial property or copyright and their differences. The specificity of individual rights does not permit the use in the field of uniform regulations especially in terms of the Community.
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    KONSTYTUCYJNA WOLNOŚĆ SŁOWA W ORZECZNICTWIE SĄDÓW USA NA PRZYKŁADZIE PROTESTÓW ANTYABORCYJNYCH
    (2015-10-16) Maroń, Grzegorz
    Freedom of speech is one of the fundamental human rights in modern democratic rule of law states. It is a tool or means of articulating one’s own position on particular issue. Freedom of speech enables effective dissemination and popularization of professed views, ideas and beliefs, only if its limitations are extraordinary. U.S. legal order is regarded as a standard example of just such a perception of freedom of speech. American case-law does not limit the freedom of speech to the ability of public communication of uncontested claims. U.S. courts assume that the essence of the given freedom is the right to formulate controversial and unpopular judgments or even judgments that cause social unrest and culture wars. Abortion is one of the hottest discussed issue. Opponents of abortion exercising their freedom of expression and freedom of assembly, publicly protest against the killing of unborn children. They picket on urban streets, squares, parks, often in front of abortion clinics and residential homes of aborters. Visual form of their arguments are posters showing pictures of aborted fetuses and signs equating abortion with murder. US courts claim that this type of pro-life movement activity in public places – on the so-called “traditional public forum” – is the materialization of the protected freedom of speech fixed in the First Amendment to the United States Constitution. Freedom of speech does not, however, presupposes absolutisation of the right to anti-abortion protest in public space. The need to protect other competing values, eg. public order and the right to privacy, enforces some degree of freedom of speech reglamentation. Exemplification of the given restriction are particularly “buffer” and “bubble” zones around abortion clinics within which the some or all forms of protest are prohibited. Inconsistency of US case law on anti-abortion protest shows that the determination of an optimal balance between conflicting values is a difficult task.
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    SEMINARIUM NAUKOWE „TERRORYZM A PRAWA CZŁOWIEKA” NA WYDZIALE PRAWA I ADMINISTRACJI UNIWERSYTETU RZESZOWSKIEGO
    (2015-10-16) Pastuszko, Grzegorz
    The presented report describes the seminar that took place on 1st of December in the building of the Law and Administration Faculty of University of Rzeszów. The seminary was devoted to the problem of terrorism in the context of human rights. The organizers invited three notable guests: gen. bryg. rez. dr inż. Tomasz Bąk, mjr Adam Bogacz, doc. dr Krzysztof Czubocha, who made very interesting speeches, including practical and theoretical issues. The event gathered many listeners, especially students, but also workers of the University.
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    POJĘCIE I FUNKCJE POLICJI BUDOWLANEJ
    (2015-10-16) Zwolak, Sławomir
    The article is the institution of the building police. The starting point for consideration in this study was done genealogy of the concept of the police. Initially, the term "police" identified with the political system of the state, later narrowing the concept of matters relating to the administration. Its mission was to provide security, order and public peace. Then the administration police was separated, building police, as a independent service operating in the sphere of construction. The heyday of the building police occurred in the XIX century. Its main objective was to ensure the safety and general governance in construction. The functioning of the building police had a large impact on subsequent legislation. To date, police have rules governing the nature of the construction process, which aims to ensure safety and order in the construction industry. Especially police functions highlighted in the activities of the building supervision organs.