Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020)

URI dla tej Kolekcjihttp://repozytorium.ur.edu.pl/handle/item/6161

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Cooperation and collaboration between the Polish Police and Armed Forces of the Republic of Poland in terms of ensuring security and public order
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Rozborska, Dominika
Ensuring security and public order is one of the most important, constitutional objectives of the State and at the same time the task of many public authorities. The Police is leading, uniformed and armed formation in a system of public safety authorities whose overriding operating objective, determined by the legislator is to serve the society by protecting people’s safety and maintaining security and public order. However, in carrying out tasks related to such vast area of activity, the Police does not have to be unassisted. Natural partner for the Police is the army, despite the fact that the main task of the Armed Forces of the Republic of Poland is to protect the State and society from external military threat. This study aims to characterize formal foundations and scope of cooperation between Polish Police and Armed Forces in terms of ensuring security and public order. For this purpose, legal basis for providing support for the Police by the Polish Armed Forces under the laws on: state of emergency, natural disaster, crisis management, the Police, counter-terrorism actions and general obligation to defend the Republic of Poland and issued regulations based on them were examined. This article also refers to the issue of cooperation of the Police with the Armed Forces of the Republic of Poland on the basis of concluded agreements.
Administrative and legal supervision of the Veterinary Inspection over food safety in Poland – selected issues
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Bonusiak, Ewa
Legal sciences, raising food safety as the subject of research, focus mainly on striving to ensure sufficiently effective legal regulations and the system of bodies controlling and supervising the food market that determine the correct health quality of food. One such body is the Veterinary Inspection. And while it focuses in its tasks mainly on the protection of animal health, it directly and indirectly affects the maintenance of food health requirements. Supervision exercised by the said Inspection plays an important role in ensuring a high level of protection of human life and health, and also protects the economic interests of the consumer. These two goals are basic. Additional objectives are protection of the reliability of commercial transactions, ensuring the free movement of food in the European Union, protection of animal health and living conditions and protection of the environment. They are of particular importance for determining acceptable limits of competences that can be entrusted to public administration bodies, including the said Inspection. The article presents the activities of the Veterinary Inspection to protect food safety and selected executive forms that it uses for this purpose. These types of entities are equipped with such forms of activity because they fulfill a protective function in the public administration system. However, this function implies the obligation to protect many different values desired individually, as well as maintain (ensure) objectively desired states of affairs, phenomena and processes.
Discrimination in Recruitment against Czech Citizens with Hearing Impairment
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Havlová, Jana
This work deals with discrimination in recruitment against people with hearing impairment. The work defines basic concepts of the discrimination, hearing impairment and the Czech sign language including the basic legislation on this issue. In this context, research has been carried out in order to identify attitudes and experience of people with hearing impairment and the reactions of employers to a hearing-impaired job seeker.
Decision as a legal form of issuing a weapon license for a Police officer
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Ura, Paulina
The legal form of the administration’s operation is the type of specific activity specified by law, which may be used by the administrative body to settle a specific matter. It is equivalent to the concept of legal action under civil law. One form of administration is the issuing of administrative acts, and the most common and typical form of an administrative act is an administrative decision. This legal form is the issuing or refusal of issuing a weapon license to a police officer.
Police cooperation with the enforcement authorities in the enforcement proceedings in administration
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Dubis, Szymon
On the basis of the science of administrative law and administration, praxeology or organization theory, nowadays, there is a view, that administrative entities should cooperate with each other while performing public tasks. The cooperation of public administration entities as a principle of law, was reflected in the Polish Constitution of 1997 and its content was developed and specified in legislation. The enforcement authorities are entities that enter in different legal relations with participants of the administrative enforcement during their proceedings. At the same time, they are the obligatory participants of the enforcement relationship. The aim of the administrative enforcement proceedings is to compel the obligated entities to meet their obligations which are subject to the administrative enforcement. As the enforcement authorities enter into different legal relations with participants of the administrative enforcement, specific legal instruments were conferred on them, including providing assistance or cooperation. These serve to achieve the aim of the proceedings. Among others, the enforcement authorities cooperate with the police, so that the legal instruments they were given, would be effective. The aim of this article is to outline the essence of the concept of cooperation as a general principle of administrative law and to indicate legal instruments on which the enforcement authorities can cooperate with the police, so that the aim of their proceedings could be achieved. Moreover, the article refers to the procedure for using the legal instruments conferred to the enforcement authorities, i.e. providing assistance and cooperation. It also describes the behaviour of a police officer while being designated for assistance or cooperation.
Human Rights. Poland and the UN declarations on Human Rights
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Mamiński, Marcin
Human rights are the foundation of democracy, a democratic society, freedom, justice and peace. Without human rights and awareness of their ownership, people cannot live in dignity. Human rights are the same for all of us, regardless of race, gender, religion, ethnicity, political or other beliefs, social origin, national origin, sexual orientation. There are cases in which human rights may be limited, but only in very specific situations, usually defined in international documents or constitutions of individual countries (e.g. due to the protection of certain values by the state, or due to threats such as war or public security). In 1948, Poland was one of the eight states that abstained from voting on the ratification of the Universal Declaration of Human Rights. Until the transformation of the political system between 1989–1992, the number of international conventions dealing with the issue of human rights, which the Polish state had not ratified, has increased. Along with the democratization of public life in Poland and the accession process to the European Union, successive governments have signed certain conventions, but many important documents remain unratified or unimplemented, including significant conventions regarding the status of stateless persons or related to cluster munitions. This presentation aims at indication of the relation of Polish legislation and basic legal acts to the UN Universal Declaration of Human Rights and subsequent conventions aimed at protecting those rights. On the basis of a short comparative analysis, I will try to indicate how important human rights are to Poland nowadays.
Police cooperation determinants with the National Labour Inspectorate
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Liwo, Marian Andrzej
Cooperation is one of the forms of impact having a significant impact on increasing the efficiency of the implementation of tasks by cooperating entities. It can result either from legal regulations as specific initiatives of specific entities, also taking the form of an agreement. The Police cooperation with the National Labour Inspectorate is the result of specific normative regulations and the concluded Agreement, which includes a wide range of topics. An analysis of the parties’ activities against the background of the concluded Agreement indicates appreciation of its provisions by the Police and the National Labour Inspectorate to ensure the rule of law in employment and in other matters to which it relates.
Taxation of inheritance and donation acquisition in Ukraine
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Babiarz, Stefan
The main objective of this article is to introduce the rules of taxation of inheritance and donation acquisition in Ukraine. Its side objective is to demonstrate certain differences between Poland and Ukraine in this respect. The article utilizes a critical analysis of the texts of the Constitution of Ukraine and Ukrainian tax laws as a research method. The article emphasizes such beneficial solutions for Ukrainian taxpayers as those concerning the deadlines for introducing changes in tax regulations (vacatio legis) – substantially longer than in Poland, the impossibility of introducing changes in these regulations during the fiscal year to the disadvantage of taxpayers, and the admissibility of introducing beneficial changes. Discriminatory taxation of Polish citizens (non-residents) with respect to inheritance and donation acquisition in Ukraine is demonstrated.
Mediator and their role in collective disputes
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Kowalczyk, Aneta
Mediation, as a way of resolving disputes, including collective disputes, is associated with relatively small regulatory interference by the legislator, which is reflected by one of its features, i.e. a lack of formal constraints. Therefore, the question arises about the mediator’s role in resolving collective disputes. Undoubtedly, they must guarantee to be impartial, however, it should be remembered that parties to a collective dispute are its hosts. Hence, it seems that the importance of an appropriate mediation technique cannot be overstated and it can be concluded that it will have a decisive impact on the successful completion of mediation. Therefore, the mediator’s role is primarily to help the parties communicate so that the conflict does not escalate during the mediation process.
Legal forms of action in the Police
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Kędzierski, Konrad
The Police are a uniformed and armed formation serving society and created to protect human safety and to maintain security and public order. Therefore, it carries out a number of tasks that take various forms of action. The author of the text carries out an in-depth exegesis and analysis of the legal forms of action highlighted by literature and proves that in the activities of the Police, there are legal forms of action which are an important element of the existence and functioning of this uniformed and armed formation to uphold security and public order.
Selected procedural rules concerning the defendant and the regime of administrative responsibility
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Olszewski, Radosław
The matter of procedural rules is one of the fundamental issues of criminal proceedings. Defining their catalog, content and mutual relations determines the model of criminal proceedings and indicates its priorities. Treatment of procedural principles proves the nature of the procedure, showing the values that shape it. The most important values expressed by law of criminal proceedings are related to procedural principles.
The place and role of the Police in upbringing in sobriety and counteracting alcoholism
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Jaworska-Dębska, Barbara
The Police as a uniformed service, functioning throughout the country, is established in order to take care of security and public order. The Police occupy a special place among other public administration bodies operating in this field. This place of the Police undoubtedly follows the fact that it functions on the basis of a general competence regulation in the scope of ensuring security and public order. Alcohol and its abuse, illegal consumption or illegal trade are one of the most common factors generating situations leading to breach of safety and order in many areas of public and private life. Furthermore, is the fact that as a uniformed service with power, it has the ability to use police coercion.
Legal framework for the Police cooperation with non-governmental organizations in the field of promoting children’s rights
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Sitek, Magdalena
The subject of this study is an attempt to determine the possibilities of cooperation between the Police and non-governmental organizations in the area of promoting children’s rights. Such measures are necessary to increase the level of effectiveness of the protection of children’s rights. The aim of the study is to demonstrate the legal basis for the Police cooperation with non-governmental organizations in the area of promoting children’s rights and to show how to conduct this action. The basic research hypothesis is the assumption that there is currently little public awareness of this area of rights. Making society aware may lead to the increase of effectiveness of protecting children’s rights. The final conclusion of the study states that, as for now, the Police cooperation with non-governmental organizations is relatively weak.
Police efforts during the coronavirus epidemic
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Ura, Elżbieta
The aim of this article is to draw attention to the Police efforts during the state of epidemic announced on 25 March 2020 connected to the COVID-19 virus. These efforts are being made on the basis of particular laws in force during this state, but also on the basis of the rules in the penal code. The execution of specific tasks involves effectiveness, which ensures proper cooperation of many bodies, including the cooperation of the epidemiological services with the Police and units of medical rescue. It is important, however, to obey the rule of proportionality in applying certain measures of power in the institutions involved in the execution of prohibitions and obligations of specific behaviour during the state of epidemic. The measures of power cannot also lead to disruptions of the principle of law-abidingness.
Administrative and legal dimension of the Police cooperation with international entities
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Jaworski, Bogdan
The modern police formation to which the Police in Poland aspires cannot be limited only to independent execution of tasks. Performing statutory tasks by the Police is related to undertaking various forms of cooperation and interaction with legally and organizationally diverse entities. Apart from national cooperation, legal regulations impose an obligation to cooperate with police forces of other countries and their international organizations, as well as with European Union bodies and institutions. The subject of deliberations is widely understood international cooperation of the Police and the role of entities responsible for its conduct. The areas of cooperation and forms in which it is undertaken have been investigated. Special research attention was also paid to legal regulations relating to police activity on the international arena. In the study attempts were made to assess the current system of international police cooperation.
Rechtsstaat and it’s legal order according to Robert von Mohl
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Lesiński, Paweł
Presented article is an attempt to analyze Robert von Mohl’s views regarding the formal dimension of his rule of law idea (Rechtsstaat). In the first part, the article analyzes relations between the written law and customary law in the thought of discussed German scholar. Next it discusses the notion of constitution in state, also when it comes to its definitions. The article is finished by the issues of an act and an ordinance in von Mohl’s thought. Firstly it discusses the very notions of these normative acts. Secondly it analyzes the features that, according to von Mohl, should be fulfilled by them. Presented article proves not only the cohesion of von Mohl’s view in terms of rule of law’s formal dimension. It also proves that his views reflect the aspirations of German 19th century bourgeoisie. However, the article emphasize that von Mohl didn’t fully solve certain problems i.e. mutual relations between written and customary law.
From “waiver of indictment” to “withdrawal of indictment”. Remarks on Article 14 § 2 of the Criminal Code
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Sowiński, Piotr Krzysztof
This article discusses the issues related to the application of regulations included in Art. 14, § 2 of the Criminal Code where the withdrawal of the indictment by the public prosecutor was regulated. Moreover, the results of such an activity and the conditions of its performance were indicated. The rights of the accused and the injured party related to the withdrawal of the indictment and also the prohibition of the re-indictment against the same defendant in relation to the same criminal Act were discussed.
Legal aspects of the Police cooperation with the National Forest Holding
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Hermanowski, Karol
This article is devoted to the analysis of legal regulations constituting the basis for the Police cooperation with the State Forests National Forest Holding. The paper explains the concept of “cooperation” based on the doctrine of administrative law. The cooperation is aimed at facilitating and improving the implementation of assigned tasks and achieving joint objectives in ensuring safety and public order in forest areas. Greater effects can be achieved by both entities only if they cooperate with each other, conducting joint activities, providing mutual assistance in conducting official activities and exchanging information, than when each of those units would operate independently.
Police social and organizing activities undertaken to protect public safety and order
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Kubas, Ewa
The Police formation is responsible for ensuring citizens’ safety and public order. The purpose of this article is to demonstrate that this task can be effectively implemented by using one of the non-empowered forms – socio-organizational activity. Promotion of this form of action, based on informing the public about the dangers to health and life as well as how to prevent dangers has a very important significance in the era of ever greater access to the Internet and in many cases allows a departure from the official actions.
Cooperation of the Police with non-governmental organizations in the field of security and public order
(Wydawnictwo Uniwersytetu Rzeszowskiego, 2020) Pieprzny, Stanisław
The article highlights the basic issues related to the cooperation of the Police with non-governmental organizations in the field of security and public order. Such a cooperation results not only from the fact that the Police implement tasks in the aforementioned field, based on the general competence norm, but also that they perform many tasks in the form of non-authoritative activities, typical for social organizations. Both the legal and actual possibilities of cooperation in these entities were indicated and examples of such interaction were highlighted. The role of legal solutions was also emphasized, according to the Act of 24 April 2003 about public benefit activities and voluntary work.

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