Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 27 (2019)
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- PozycjaThe problem of effectiveness of a procedural act performed “prematurely” – a few comments in relation to the decision by the European Court of Human Rights on 13 december 2018, 21497/14 (Witkowski)(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Woźniewski, KrzysztofProvisions of procedural criminal law, awarding participants of criminal proceedings with the right to perform specific procedural acts in order to elicit related procedural effects, often simultaneously specify a deadline for performing such acts. A failure to meet such a deadline as a rule leads to a negative consequence, i.e. ineffectiveness of the procedural act carried out in violation of the said deadline. The problem also occurs when making a procedural action prematurely. The article will be devoted to these issues.
- PozycjaTransnational effects of decisions of the antimonopoly office of the Slovak Republic(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Tekeli, JozefIn this paper the author deals with transnational effects of decisions of the Antimonopoly Office of the Slovak Republic as an authority for the protection of competition of the national nature, however, in the European law context. The author points out the application of national competition law in close association with legal provisions contained in the essential documents of the EU. The paper also mentions the European tendencies of unifying competition protection legislation. In the context of a threat to competition, the author also points out the importance of complying with obligations in detecting and proving the same. He also refers to situations where, despite the potential presence of competition concerns, competition distortions do not occur.
- PozycjaHereditas damnosa – hereditas suspecta the risk of inheritance acquisition in Roman law(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Świrgoń-Skok, RenataThe article presents risks associated with inheritance acquisition in Roman law. Indeed, in Roman law, acquisition of inheritance could not only entail improvement of the heir’s financial status but also his impoverishment. Negative consequences associated with inheritance acquisition could affect the heir, as well as the testator’s creditors and the heir’s creditors. A risk of damage to the heir’s material status resulting from their liability for inherited debts occurred particularly in the case of hereditas damnosa, or cursed inheritance, excessively burdened with debt. However, those affected by impoverishment, in addition to heirs also included testator’s creditors. This situation could happen in the case of the so-called hereditas suspecta, i.e. indebted inheritance where the heir was suspected to deliberately encumber his property with debts so that they could not satisfy the inherited creditors.
- PozycjaMethodology of administrative sciences from the standpoint of the theory of hierarchies’ rivalry(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Szreniawski, PiotrSocial life is a rivalry of hierarchies. There are many different ideas about how to organize administrative sciences, and those ideas are contradictory to one another. On one side we have the view that one administrative science exists, and on the other hand we can show many administrative sciences. The administrative science triad can be seen as a compromise between those options. There are many factors affecting how administrative sciences are organised. One of the factors is how academic teaching at universities is divided. Another factor is how countries promote their scientists and their theories concerning administration and similar subjects.
- PozycjaThe right of a pre-trial detained person to legal aid (article 245 § 1 of the Code of Criminal Procedure)(Wydawnictwo Uniwersytetu Rzeszowskiego, 2019) Sowiński, Piotr KrzysztofThe aim of the paper is to discuss the issue of detainee’s access to legal assistance provided by an attorney or legal adviser, i.e. representatives of two equivalent legal professions. The author analyzed the restrictions related to access to such assistance, as well as the conditions enabling the detaining authority to reserve its presence during a detained person’s conversation with one of the abovementioned legists. The paper also points out the doubts regarding the legal status of the consultant, i.e. whether he or she should be treated as a sui generis defender or a legal representative.