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1

Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

100%
Małecki W.
Prawo
|
2016
|
issue 320
57-70
EN
The evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.
2
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What is ‘economic criminal law’?

100%
Dębowski M. J.
Acta Iuris Stetinensis
|
2022
|
vol. 37
27-41
EN
The objective of this paper is to reconstruct the meaning of term ‘economic criminal law’, which is imprecise but widespread in Polish legal culture. It also aims to compose an adequate definition of the concept denoted by this name. The author applied an array of methods: analysis of scholarly statements, historical and comparative analysis as well as the analysis of the law in force. The term ‘economic criminal law’ is a product of linguistic convention manifesting itself in legal discourse. In search of its meaning the author relied mainly on scrutiny of the wording of the discussed name. The content of this notion is composed of so-called economic offences. It was essential to determine common characteristics of such crimes. Having rejected so-called subjective conceptions and ideas referring to criminology and sociology, the author posited the object of a type of crime as the definition’s rudiment. A proper description of the common generic object of economic crimes assumes a compromise between vagueness and rigidity of lengthy enumerations. ‘Economic criminal law’ can be described as a peculiar division of substantive criminal law distinguished by legal theory and practice. It is composed of regulations that establish types of crime, which share a common main generic object of protection which (in a historical and cultural context) are relevant bases of proper trading both in internal, and in external aspects. These two dimensions represent relations between trading participants and institutions and rules of trading, respectively.
3

Kilka uwag o problematyce kryminalizacji nadużycia zaufania w świetle współczesnej nauki zarządzania

72%
Solecki S.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2014
|
vol. 16
139 - 152
EN
Trust is the determinant of the present, it becomes the dominant component of many management concepts. It is hard to imagine the current economic realities without individuals tendency to trust the entities dealing with their financial affairs. Is associated with a particular propensity to take risks; risk, which is justified by the desire for economic purposes. Abuse by a manager of the authority conferred on him or negligence has implications in the sphere of a trustee and is undoubtedly a pathological phenomenon that requires legal intervention. Criminal Law intervention characterized by ultima ratio is undoubtedly the most effective way to fight pathologies that affect negatively the economic trade. The main objective of economic criminal law should be the elimination of pathological behavior, and not development of reality or economic relations. Adjusting Art. 296 K.K. is part of the fight against a major threat, which is a breach of trust in the management relationship. This provision raises many questions, among which the basic is the question of defining the subject of the protection of Art. 296 K.K. In order to solve this problem, one must ask what the primary objective and ratio legis of discussed regulations is. We can see on the basis of the analysis that errors in this area can cause the state of things in which Art. 296 K.K. instead of providing protection affects economic trade or even inhibits it.
4

Przepisy karne ustawy o ochronie prawnej odmian roślin — przyczynek do roli prawa karnego gospodarczego w ochronie własności intelektualnej

72%
Gawliczek T.
Prawo
|
2015
|
issue 317
35 - 50
EN
Applicable penal provisions of the Plant Variety Protection Act belong to economic criminal law, which protects a widely understood intellectual property rights. The main purpose of the present article is to attempt an evaluation of a cohesion of subjective legal regulations on the grounds of penal provisions contained in Copyright Law and Industrial Property Law. The author conducted an analysis concerning economic crimes and offenses included in Chapter III of the Plant Variety Protection Act from the technical and legislative perspective as well as its penal range. In the present study, there are included also some needed suggestions, concerning the necessity of potential changes, e.g. extension of the criminalization scope in the field of community regulations of protection of plant variety. Systemic interpretation of the penal provisions enables to emphasize the purposes and functions of the economic criminal law in the field of Intellectual Property Rights and its role which the mentioned provisions fulfill in relation to the existing administrative and civil sanctions.
5

Kodeksowe i pozakodeksowe określenie sankcji karnych związanych z penalizacją przestępstw korupcyjnych

58%
Samuel P.
Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne
|
2014
|
vol. 16
125 - 137
EN
Al things considered, an attempt to solve this problem would be to postulate de lege ferenda creating a uniform system of anti-corruption legislation, introducing consistency in the regulations relating to corruption offenses. Dispersal of the regulations in different acts shows the weakness of Polish anti-corruption law and this is caused by legislative level. So there is a necessity for radical and fast improvement. It seems that the best way to achieve this goal is to create an act which would comprehensively fight corruption on each level of public authorities. This act should be aimed clearly at corruption offences and stigmatize them. The present anti-corruption Polish system of law is totally devoid of transparency and this causes that perpetrators measure the profitability of their acting by the size of the sanction. Penalty should be ruled relatively to the offence. There appears a necessity to create a project of one anti-corruption act. There is a necessity for a comprehensive strategy to fight corruption. Therefore, the role of the criminal law should be emphasized as the ultima ratio, which does not result in the disintegration of the system or violate its consistency.
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