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

URI dla tej Kolekcjihttp://repozytorium.ur.edu.pl/handle/item/1244

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ANALIZA ROZWOJU TEORII DOTYCZĄCYCH ROZGRANICZENIA PRAWA PUBLICZNEGO I PRYWATNEGO PRZY ZASTOSOWANIU PARADYGMATU THOMASA S. KUHNA
(2015-10-16) Cebera, Agata
The presented thesis concerns analysis of theories related to distinguishing between private law and public law due to the T.S. Kuhn paradigms. Throughout the ages, legal scholars have been interested in the duality of public and private law. In presented lecture the following paradigms will be set out: the paradigm which enables us to assign separate legal institutions to public law or private law through classification method; the paradigm which denies the need to make a distinction between public law and private law; the paradigm which enables us to assign separate legal institutions to public law or private law through typology method.
CYWILNA OCHRONA PRAW PACJENTA
(2015-10-16) Jacek, Anna; Ożóg, Katarzyna
The civil liability is connected with the responsibility for causing damage. For the incurred damage to property the patient can demand the natural or compensatory restitution. If physical sufferings and moral injustice are an effect of the damage, the aggrieved party can demand the monetary compensation for sustained harm. With purpose of the civil liability, there is a compensation caused with this act for other party. The article is regarding the civil liability behind the damage associated with providing medical services. In the article there is also characteristic of claims being entitled to patients of the title of violating patient's rights.
DECYZJE, ORZECZENIA, ROZSTRZYGNIĘCIA W PROCESIE KARNYM – KILKA UWAG TERMINOLOGICZNYCH
(2015-10-16) Bachurska, Beata
W artykule zawarto uwagi na temat nomenklatury użytej przez ustawodawcę w Kodeksie postępowania karnego na określenie oświadczeń władczych organu procesowego. W rozważaniach skoncentrowano się na znaczeniu kluczowych pojęć oznaczających imperatywne oświadczenia organu procesowego, takich jak „decyzja”, „orzeczenie” i „rozstrzygnięcie”. Wskazano także na treść pozytywnych oraz negatywnych rozstrzygnięć narzuconą przez Kodeks postępowania karnego. Ocenione zostały ponadto konsekwencje procesowe w przypadku zawarcia przez organ procesowy w danej decyzji procesowej innej treści rozstrzygnięcia niż ta wynikająca z ustawy. Celem niniejszej publikacji była próba odpowiedzi na pytanie, jakie znaczenie ma terminologia, którą posłużył się ustawodawca na określenie władczych oświadczeń organu procesowego, a także jakie konsekwencje niosłaby za sobą dowolność organu procesowego w stosowaniu wprowadzonej przez ustawodawcę nomenklatury. The article includes comments on the nomenclature used by the legislature body in the Code of Criminal Law to determine authoritative statements of judical body. The discussion focused on the meaning of key terms of judical body such as „decision”, „ruling” and „settl ement”. It also indicated the content of positive and negative settlements by the Code of Criminal Law. Moreover, it assessed the consequences in case if a court decision was different to the one resulting from the act. The purpose of this publication was an attempt to answer the question on the importance of terminology which the legislature body used to determine executive statements of judical bodies and what consequences would bear a flexibility for a judical body in application of the process introducted by the legislature nomenclature.
KARA ARESZTU WOJSKOWEGO W POLSKIM PRAWIE KARNYM WOJSKOWYM XX WIEKU W UJĘCIU HISTORYCZNYM
(2015-10-16) Trybus, Małgorzata; Kamuda, Dorota
The paper deals with military arrest penalty in the Polish criminal military law in XX century. It is the first part of a study in which military arrest is considered in historical context. The considerations begin from presentation of solutions adopted in the II Republic. The paper also includes some general remarks concerning Polish Army Penal Code of 1944, where this kind of penalty was not specified.
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.
KURATOR PROCESOWY DLA DŁUŻNIKA NIEZNANEGO Z MIEJSCA POBYTU
(2015-10-16) Kościółek, Anna
The following article is devoted to the analysis of selected issues referring to the institution of a representative for an absent debtor. The study includes an overview of a number of requirements that must be fulfilled for a representative to be validly appointed, especially the concept of a place of residence and its unawareness with regard to a debtor, the need to defend the rights of a debtor of unknown residence and its source, i.e. the necessity to serve a procedural writ, substantiation of the fact that the place of residence of a debtor is not known, or the condition of an obligatory public announcement of the appointment of a representative. The analysis also concerns the basic duty of a representative appointed for an absent debtor, i.e. the obligation to undertake the burden of defending the rights of a represented person. Analysis of the duty incumbent upon a representative has not been reduced only to discuss the actions that have been found to fill the burden of defending the rights of the absent debtor, but it also includes remarks referring to the responsibility for possible damage caused as a result of non-performance or improper performance of the discussed obligation.
O DOPUSZCZALNOŚCI PRZEPROWADZANIA KONTROLI OSOBISTEJ RAZ JESZCZE
(2015-10-16) Smolski, Marcin
In this article the author examines the judgment of the Supreme Court of 13.04.1972 r., which also today is a source of guidance personal inspection staff. As a condition of the legality of its conduct, the Supreme Court pointed out, inter alia, that the execution should take place in consultation with the representative of the crew. The author pays attention to emerging contemporary views of interpreting used in the above judgment the phrase “in consultation” as a process of consultation only. Author polemicizes of such standpoint. Draws attention to the need to analyze the legal status which the Supreme Court relied on issuing the ruling. It notes that the Supreme Court pointed out the rules of procedure as the appropriate procedure in-house, in which were placed regulations on personal checks of employees. Emphasizes that another mode of its adoption in force at the time of issuance of the above judgments, and other contemporary spaces, which is important for understanding the differences in meaning of the concept “in concert”. The author analyzes the state of the law at the time of the judgment in question, cited the comments of the doctrine of labor law in this period, the then explains the meaning of ”in concert”, indicates the mode of the conclusion of the working rules and entities involved in this process. The author concludes that by placing the control of employees working in the rules of used by the Supreme Court of the phrase “in consultation” could not be understood in the purely consultation, as indeed was the nature of a firm and binding voice belonged to the wider workers’ representation. Emphasizes that the contemporary use of the term “in agreement” can be understood as consultation with the assumption that the procedure checks will be placed precisely in the rules of work and in the workplace, there are trade unions which is agreed rules (otherwise the rules of procedure is a unilateral act in-house issued by the employer).
OPIEKA NAD OSOBĄ Z NIEPEŁNOSPRAWNOŚCIĄ INTELEKTUALNĄ UBEZWŁASNOWOLNIONĄ CAŁKOWICIE NA TLE PRZEPISÓW KODEKSU RODZINNEGO I OPIEKUŃCZEGO
(2015-10-16) Opar, Anna
Taking into consideration the right of every human to a life in dignity and to personal freedom, incapacitation seems to be especially interesting to discuss and characterize. The following characteristic is divided into three parts due to its depth. The conclusion additionally contains a digression connected to the topic of the incapacitated due to mental disorders people who are part of the society. The first part defines incapacitation as restriction or deprivation of legal capacity on the basis of judicial decision which strongly interferes with the sphere of personal rights of an individual and affects the basic right of an individual to freely decide upon one’s behaviour. The second part deals with mental disability of an incapacitated person. Mental disability is also defined here. The third part concludes on issues concerned with taking care of a mentally disabled person who is completely incapacitated. The conclusion deals with the social situation of the people who are mentally handicapped and the sources of their support. This part highlights economic situation of disabled and incapacitated people which is specific and requires attention.
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.
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.
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.
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.
ZBRODNIE STANU W INTERPRETACJI PROKURATORA WOJSKOWEGO MAKSYMILIANA LITYŃSKIEGO JAKO PRZYKŁAD ODRZUCENIA OSIĄGNIĘĆ II RZECZYPOSPOLITEJ W TYM ZAKRESIE
(2015-10-16) Leniart, Ewa
Maksymilian Litynski was attorney at law, who developed career after year in communist 1944 justice military. Among others, there was deputy of leading public prosecutor in biggest period of communist terror military. It postulated interpretation of regulation about crimes of states Maksymilian Litynski, which ran away from jurisdiction and sciences of crown laws from period II polish republic. It recognized Litynski, that all actions are crimes of states, which can present threat for political structure, social and polish people's republic economic. He expanded catalog of crime of state in consequence regard, that such actions were these crimes also as promulgation of hostile propaganda, participation in delinquent associations, but it defends property in some cases without required law of permission it also and broadcasting receivers. No doubt, boost of protection was achieved polish people's republic due to taking advantage for it purpose of such interpretation of crime of state instruments, which gave regulations of crown laws.

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