PROBLEM OF NOTIFICATION OF TECHNICAL PROVISIONS IN ACCORDANCE WITH THE LAW FROM 11TH OF NOVEMBER 2009 ABOUT THE GAMES OF CHANCE

• Authors: PAWŁOWSKI, JAKUB , PAWŁOWSKA, MARTYNA

Abstracts

EN

Object The aim of the article is pointing and presenting methods connected with the usage and the interpretation of the European Union law in accordance to colliding with it Polish law, regulating the games of chance to 3rd of September 2015. Moreover in the paper the problem of possibility of determining the criminal responsibility of the persons establishing or arranging the games of chance in accordance with the Article 107 § 1 of Polish Criminal Fiscal Code and the provisions of the law about the games of chance was presented. Introduction Entering into force the law from 19th of November 2009 about the games of chance instead of terminating the notion of administrative limitations of economic activity in the scope of games of chance caused enormous problems with its usage. Another issue which emerged was the lack of notification of technical provisions (among others refering to the products offered by enterpreneurs), what effected also the lack of possibility of establishing the criminal responsibility of persons establishing or arranging the games of chance. Methodology In research two principal methods of analysis of law were used: the linguistic and logical interpretation of legal provisions, case law and jurisprudence, as well as the sociological method by the observation (analysis and results of cases conducted by authors as attorneys in criminal cases in the subject of establishing or arranging games of chance without the required concession or licence – Article 107 § 1 of Polish Criminal Fiscal Code). Summary Framing of criminal responsability in accordance with the blanket provisions (Article 107 § 1 of Polish Criminal Fiscal Code) does not meet the requirements of transparency and certainty of law. Thus it would be reasonable to reconsider the reformulation of the principles of the criminal fiscal responsibility for illegal establishing or arranging the games of chance.

Keywords

EN

notification of technical provisions; operationalization of the principle of primacy; blanket provision; Article 107 § 1 of Polish Criminal Fiscal Code

• Publisher: Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego “Apeiron” w Krakowie
• Journal: Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje
• Year: 2017
• Volume: 26(26)
• Pages: 229-253

Dates

published

2018-08-08

Contributors

author

PAWŁOWSKI, JAKUB

author

PAWŁOWSKA, MARTYNA

Identifiers

DOI

10.24356/kb/26/11