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Constitutional Regulation on the Oath of the State President. Case of the Republic of Latvia

100%
Rodiņa A.
Studia Politologiczne
|
2016
|
vol. 39
171-193
EN
In the article the author points out constitutional status of the oath of the State President of the Republic of Latvia. In the article procedural aspects, like giving of the oath, is explained; by providing examples of oath giving and also pointing out some problematical or unclear aspects author explains importance of it. As the oath contains several values which bide the State President, article provides theoretical and axiological explanation of it`s content, clearing up so called material aspects of the oath. Taking into consideration importance of the oath of the State President, author points out problematical aspects of liability of the State President in Latvia.
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Przestępstwa z abstrakcyjnego narażenia na niebezpieczeństwo a brak zagrożenia dla dobra prawnego jako źródło prawniczego paradoksu

44%
Kardas P.
Forum Prawnicze
|
2022
|
issue 3 (71)
43-62
EN
The article focuses on difficulties and problems with the assessment of behaviors not endangering legal good in the context of crimes of abstract exposition to danger. It contains a characterisation of these crimes, and analysis of their features (elements). It analyses the legal goods protected by the crimes of abstract exposition to danger and the reasons for devising requirement or prohibitions of specific behaviors. The work also analyses the possibility of using the rules applied to situations involving the protection of a legal good. It questions the adequacy of using a rebuttable presumption of a danger to legal good as a solution for paradoxes occuring in situations where there was no danger to legal good. It argues for limiting the scope of the crime of abstract exposition to danger by applying rules for protection of legal good to this category of crimes. The work is concluded by presenting the constitutive importance of applying rules for protection of legal good and arguing that there are no theoretical or dogmatic reasons for using a rebuttable presumption of a danger to legal good for solving the problem of behaviors not endangering legal good in crimes of abstract exposition to danger.
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