Search results - CEJSH

1

The background of regulating non-bank loan institutions in Poland

100%

Pindel E., Martysz C. B.

Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia

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2019

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vol. 53

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issue 2

EN

Non-bank loan institutions in Poland often face a bad reputation or a lack of trust, are compared to "parabanks" and frequently recognised as companies operating at the borders of the law. Despite their membership in the financial sector, until recently, public supervision had little control over loan companies and had little knowledge about the scale of their operations. The greater restrictiveness of the new regulations caused a slowdown in the development of loan companies. Changes such as the introduction of bank levy and the amendment to the Consumer Credit Act of 2016 had a signifiant impact on the financial results and the structure of products offered by loan companies. Along with the new regulations, however, there is doubt regarding whether these changes, which are intended to organise the market for non-bank loans, will actually lead to an exodus of loan institutions from the market and to significant limitation and financial exclusion on the part of Polish consumers.

PL

Non-bank loan institutions in Poland often face a bad reputation or a lack of trust, are compared to "parabanks" and frequently recognised as companies operating at the borders of the law. Despite their membership in the financial sector, until recently, public supervision had little control over loan companies and had little knowledge about the scale of their operations. The greater restrictiveness of the new regulations caused a slowdown in the development of loan companies. Changes such as the introduction of bank levy and the amendment to the Consumer Credit Act of 2016 had a significant impact on the financial results and the structure of products offered by loan companies. Along with the new regulations, however, there is doubt regarding whether these changes, which are intended to organise the market for non-bank loans, will actually lead to an exodus of loan institutions from the market and to significant limitation and financial exclusion on the part of Polish consumers.

2

Skuteczność instrumentów przeciwdziałających w Polsce procederowi prania brudnych pieniędzy

94%

Grzywacz J.

Zeszyty Naukowe PWSZ w Płocku. Nauki Ekonomiczne

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2015

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vol. 1(21)

7-18

EN

The money laundering is involving the organized crime, having the international character today definitely inseparably. Therefore the fight against this practice is one state is unusually difficult and practically impossible what the necessity of functioning of relevant regulation causes on the international arena. In the article they fixed their attention around solutions opposing the phenomenon of the money laundering, as well as international organizations, participating in the fight against the organized crime.

3

Religious groups and religious organizations in the Russian Federation: Legal aspects of activity

94%

Kuleshova G.

Prawo

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2019

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issue 327

261-268

EN

The article provides a legal analysis of the activities of religious groups and religious organizations. Activities of religious organizations are regulated by the Federal Law of 1997 which defines religious organizations as associations of citizens of the Russian Federation, other persons permanently and legally residing in the territory of the Russian Federation, formed for joint confession and dissemination of faith and registered as a legal entity recognized in the Russian Federation. Religious groups are voluntary associations of citizens carrying out activities without state legal registration and acquisition of a legal capacity as a legal entity. The authorʼs work is largely based on regional material.

4

Neutralność sieci – dogmat czy postulat

94%

Ładny P.

Nierówności społeczne a wzrost gospodarczy

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2015

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vol. 44 cz. 1

333-349

PL

W artykule scharakteryzowano genezę i znaczenie pojęcia neutralności sieciowej w odniesieniu do infrastruktury teleinformatycznej, w tym szczególnie sieci Internet. Na przykładzie praktyk rynkowych operatorów sieci oraz regulacji prawnych stosowanych w różnych krajach przedstawiono ewolucję zasady otwartej i neutralnej sieci oraz jej przyczyny i potencjalne skutki dla dalszego rozwoju sieci i świadczonych za jej pośrednictwem usług. W końcowej część artykułu przed-stawione zostały propozycje dotyczące prawnego usankcjonowania zasad dotyczących neutralności sieciowej na poziomie międzynarodowym i krajowym.

XX

The article describes the origins and meaning of the concept of net neutrality in relation to ICT infrastructure, especially the Internet. The evolution of open and neutral network and its foundations and consequences for the development of the network and the services provided are presented on the example of market practices of network operators and regulations applicable in the various countries. The final part of the article presents proposals relating to the determination of the rules on net neutrality at the international and national levels.

5

Trwałość projektu w programie rozwoju obszarów wiejskich – nowe przepisy o utrzymaniu czystości i porządku w gminach

94%

Góreczny G.

Kontrola Państwowa

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2013

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vol. 58

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issue 5 (352)

133-147

EN

New regulations on cleanness and order in rural districts can have significant legal and financial consequences for a group of beneficiaries of the Rural Areas Development Programme. Budgetary waste collectors have been obliged to change into limited companies, and, in cases when they have received co-financing from the Rural Areas Development Programme, the sustainability of their projects co-financed by the EU will not be preserved.

6

Juridical challenges regarding bitcoin.

94%

Pirvu A.

Studia Prawnicze: rozprawy i materiały

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2020

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issue 1(26)

71-78

EN

Criptocurrencies are popular convertible virtual currencies, as they use security mechanisms such as cryptography for creating units of the currency and controlling the transaction. The main property of criptocurrencies is that they provide anonymity for the transaction, as they work based on Blockchain technology. Bitcoin is one of the most important criptocurrencies on the market. Whereas we like it or not, it seems that Bitcoin has become a powerful payment instrument, but also a payment system. The national Governments face now a new challenge: the necessity of regulating Bitcoin. But Bitcoin is incompatible with any kind of centralized control. We can only imagine that effective regulations can exist only through worldwide cooperation: “Bitcoin and other virtual currencies are present and growing in major economies, supporting the call for increased global cooperation”. This will be probably an expensive and complex process.

7

Do regulations and supervision shape the capital crunch effect of large banks in the EU?

83%

Olszak M., Pipień M., Kowalska I., Roszkowska S.

Faculty of Management Working Paper Series

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2015

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issue WPS 3/2015

1-27

EN

This paper extends the literature on the capital crunch effect by examining the role of public policy for the link between lending and capital in a sample of large banks operating in the European Union. Applying Blundell and Bond (1998) two-step robust GMM estimator we show that restrictions on bank activities and more stringent capital standards weaken the capital crunch effect, consistent with reduced risk taking and boosted bank charter values. Official supervision also reduces the impact of capital ratio on lending in downturns. Private oversight seems to be related to thin capital buffers in expansions, and therefore the capital crunch effect is enhanced in countries with increased market discipline. We thus provide evidence that neither regulations nor supervision at the microprudential level is neutral from a financial stability perspective. Weak regulations and supervision seem to increase the pro-cyclical effect of capital on bank lending.

8

Effect of introduction of German and Hungarian bank levies on banks’ risk-taking behavior

83%

Puławska K.

Journal of Banking and Financial Economics

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2023

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issue 1(19)

1-25

EN

Policymakers introduce bank levies (BLs) to reduce the probability of crises. In this study, we evaluate the effects of the Hungarian and German BLs implemented in 2010 and 2011, respectively, on the banks’ risk-taking behavior. Our analysis compares two completely different BL designs. The German BL is designed to increase as banks’ total liabilities increase, while the Hungarian BL is assessed on total assets. The results unambiguously demonstrate that a BL on assets increases banks’ credit risk. The results of analyzing the influence that introducing BLs has had on the German banking sector demonstrate that BL on liabilities decreases banks’ credit risk. An improved understanding of the impact of regulation on the risky activity of EU banks is very important for a wide range of financial market participants, including borrowers, shareholders regulators and supervisors, especially during turbulent times caused by the COVID-19 pandemic and the Russian war in Ukraine.

9

Migration in the Human Rights Context

83%

Gałkowski T.

Ecumeny and Law

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2021

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vol. 9

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issue 2

91-103

EN

The phenomenon of migration concerns 3.3% of the general population living in the world and its number is still increasing. In order to stop migration measures are taken, which are largely against human rights to migration. The right to migration itself is denied. The activities that aim to restrict the right and not to regulate it become an alarming tendency. As a category of mixed rights, whose title is in the human nature (dignity), measure is positive regulation of exercising these rights as its internal element.

10

Comparison of Compulsory Liability Insurance of Tax Advisors in Poland to the Czech Counterpart

83%

Myśliński M.

Central European Economic Journal

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2023

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vol. 10

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issue 57

163-179

EN

This paper aims to assess the adequacy of obligatory tax advisors’ insurance to meet their needs in Poland and Czechiausing the comparative-legal method. It is crucial, due to the need to protect the weaker party in a transaction andprovide certainty in trading. The comparison is made between legislation concerning compulsory liability insurancefor tax advisors and the general contracts negotiated by professional self-governing bodies. The Polish product ischaracterised by mandatory coverage and private initiative. Like other compulsory insurance, this product is moreaccessory than voluntary insurance because the insurer also provides protection in case of damage caused by grossnegligence. In that insurance, there are no limitations of a financial nature (deductible, integral, and deductible fran-chise) on the liability of insurance companies. Consequently, the insurance company’s liability is even more similarto the insured’s. The reduction of accessoriality occurs only in regulated exclusions. The Czech legislator has onlyimposed the obligation to have this insurance without handling its details. The General Insurance Conditions regulatethe remaining matter. The analysis indicated that the Polish regulations provide more complete protection. However,they require some modernisation- an increase in the sum assured (10,000 EUR is too low) or how it is calculated. Rea-sults show faults in existing Polish regulations and indicate ways to improve them

11

Teoria i praktyka funkcjonowania samorządności w Polsce po 1989 r.

83%

Och J.

Krakowskie Studia Małopolskie

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2014

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vol. 19

175-184

EN

In the process of political transformation, initiated the events of the Round Table in 1989. Important place and importance is given to issues of self-government. Political science literature suggests in this regard to the fact that one of the pillars of political transformation in Poland was the transition from a monopoly of the central government to local government. Local government reform introduced by the Act of 1990 8. III. Introduced a new system of local government. Local government has become the authority of the local community and gave her the right to self-determination of its underlying decisions of political, economic and social. Breaking the monopoly of local government reform and the state Democratic Party has introduced local government model, derived from the local community and serving the public administrative functions under the permanent control of the representatives of the local community.

12

Countering terrorism in the shadows: The role of private security and military companies

83%

Hlouchova I.

Security and Defence Quarterly

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2020

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vol. 31

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issue 4

155-169

EN

The article identifies the main features of the PSMCs’ involvement in counterterrorism operations and outlines what their future involvement might look like with its implications for international peace and security. The main methods used to gather data and to draw inferences are a content analysis of relevant primary and secondary sources, and a discourse analysis, used as a method of examining the prevailing discourse surrounding the activities of PSMCs, seeking to understand the level of transparency, accountability and attributability of these actors. So far, the PSMCs’ potential for counterterrorism has not been fully exploited. There are many challenges surrounding the existence and operations of PSMCs, mainly lack of transparency and accountability, the continuous significance of the plausible deniability and political expediency PSMCs provide to nation governments, and an insufficient and inadequate international regulatory and control framework with no sanction or enforcement mechanisms. Most recently, the tendency to re-legitimise PSMCs’ activities can be identified. There will most probably be an expansion of PSMCs’ activities in the near future, as climate change consolidates security as a commodity, not a right. Therefore, there is a renewed urgency for adequate and effective international regulatory and control mechanisms on their activities on the international level.

13

Regulations, markets and economic efficiency: sustainable development and food security

83%

Reynolds Pacheco de Carvalho B.

Zagadnienia Ekonomiki Rolnej

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2015

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issue 1(342)

101-121

EN

Observed structural changes and case studies examples. The need for development models: some proposals. Food System Case Study: Portugal example in Europe/an overview. Main conclusions and new opportunities for Europe.

14

Disclosure of Non-Financial Information in Banks - an ESG Perspective. Regulatory Requirements and Banking Practice

83%

Szewczyk Ł., Szustak G.

Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia

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2023

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vol. 57

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issue 2

157-174

EN

Theoretical background: Banks, due to their nature and a specific role in the economy, are subject to significant regulations in the field of their activities. Currently, the increasing importance of ESG regulations is noticeable, which is on the one hand the result of changing requirements within the EU, as well as ownership requirements and noticeable market pressure. Non-financial disclosures in the area of ESG are becoming permanent and important element of the information policy of banks. Banks manage to monitor the indicators of their own environmental policy or disclose social and employee issues, although this certainly involves additional reporting burdens, and the scope of disclosures as well as the degree of their significance still vary. Purpose of the article: The aim of the study is to identify, systematize and evaluate EU regulations in the area of ESG disclosures relating to the banking sector, taking into account the identification of major limitations related to their implementation. Research methods: The literature review as well as ESG reporting regulations overview and a case study which presents the ESG disclosure practice. Main findings: Effective communication of a bank with its stakeholders is of a crucial importance. As indicated, the legal solutions in this area are new, there are possibilities for their different interpretation, the practice has also not yet been developed. In addition, and perhaps above all, information on the imple mentation of environmental goals indicated in the Taxonomy flows to banks from their clients. Therefore, the approach of bank customers to the discussed issues is important, while for banks it is and will be a huge challenge to verify whether the financed investment is actually ecological and the business activity of the bank’s client is sustainable.

15

Access to Weapons: A Comparative Analysis Between Poland and the United States

83%

Phillips B., Frańczuk M.

Zarządzanie Publiczne / Public Governance

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2020

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issue 1(51)

59-74

EN

Objectives: In this article, we attempt to answer the following question: is there a need to liberalise policies and laws to allow the Polish citizens to have a greater access to weapons? We compare the Polish and the American regulations in this area. In our attempts to understand possible ramifications for Poland’s greater access to weapons, we review the American experience with firearms with emphasis on ownership history, the current debates, a comparative analysis of other dangers, and policy implications. In the conclusion, we employ the culture theory of risk to highlight the debates. The article draws attention to aspects meaningful in the context of shaping the policy of access to weapons and the direction of possible changes in legal regulations in this area. Research Design & Methods: The methods used in this article revolve round literature reviews of the debates, statistical data, a survey analysis, and an analysis of legal regulations. Findings: Restrictions on the access to weapons in Poland may not be desirable. They can limit civic rights and prevent a potential net gain of financial revenue. On the other hand, too liberal access to weapons can be potentially dangerous for the safety and well-being of the citizens. Implications / Recommendations: We believe that more research in this area needs to be conducted with a greater focus on the culture theory of risk as well as other paradigms which employ the latest statistics for a broader social-research agenda. We observe a lack of research and literature in this area. Contribution / Value Added: Given the current social and economic climate in Poland and in the United States, we find this research study to be both timely and important. Specifically, on December 14, 2019, new arms regulations entered into force in Poland. On the other hand, President Joe Biden has recently positioned himself on taking a more rigorous approach to firearm violence. Article classification: research article JEL classification: K14, K19

16

International Standards: Past Free Trade Agreements and the Prospects in the Transatlantic Trade and Investment Partnership

83%

Eliasson L. J.

Baltic Journal of European Studies

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2015

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vol. 5

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issue 1

05-18

EN

The Transatlantic Trade and Investment Partnership represents a strategic vision of transatlantic relations, including job creation, global leadership, and establishing high international standards. This paper discusses how three recent bi-lateral and regional agreements, along with positions adopted in transatlantic negotiations, convey respective side's acceptable parameters, and how international standards are emerging from and disseminated through agreements involving the European Union and the United States

17

On the growing accountability of central banks for financial stability–the macroprudential perspective

83%

Matysek-Jędrych A.

Economics and Business Review

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2018

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vol. 4(18)

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issue 4

30-45

EN

The aim of this paper is to identify and assess, on a comparative, intra-country basis, the existing practices and developments in central bank accountability for financial stability, from a new–macroprudential policy–perspective. The paper aims to contribute to the ongoing debate on institutional arrangements for macroprudential policy. The debate as to whether the combination of monetary policy and financial supervision within one institution is not new. Nevertheless it is far from being resolved. The paper points to the need to establish clear, formal and robust mechanisms of central bank involvement in the process of executing macroprudential policy, at least as a data collection and analyzing institution.

18

MUNICIPAL LEGISLATION IN THE CZECH REPUBLIC AND THE SLOVAK REPUBLIC (COMMON AND DIFFERENT)

83%

Palúš I., Sciskalová M.

Central European Papers

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2022

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vol. 10

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issue 1

25-42

EN

The paper examines the normative power of municipalities in the Czech Republic and the Slovak Republic with a focus on common and different elements. The authors gradually pay attention to the constitutional and legal basis of municipal legislation, characterize generally binding legal regulations of municipalities as sources of law, analyze the procedural side of their adoption, as well as the exercise of state supervision over this activity of municipalities. They point out the problem areas of the current legislation and suggest possible solutions.

19

Wybrane zagadnienia postępowania dowodowego – znowelizowana ustawa o Najwyższej Izbie Kontroli

83%

Robaczyński W.

Kontrola Państwowa

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2013

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vol. 58

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issue 6 (353)

8-23

EN

The amendments to the Act on the Supreme Audit Office – despite numerous significant changes – are not as deep with regard to the evidence proceedings as, for instance, with regard to examination of reservations. The regulations that were in force before proved, in the majority of cases, to work well in practice. It is rightly observed that, due to the lack of revolutionary changes in this respect, the practice developed so far in the use of evidence sources and evidence measures is still valid. However, some corrections were necessary, especially with a view to improving evidence procedures. The changes introduced in this area are usually well received, both by audit practitioners and authors of literature on the topic.

20

Ochrona praw osób ze specjalnymi potrzebami

71%

Zaika V.

Lubelski Rocznik Pedagogiczny

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2018

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vol. 37

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issue 2

EN

In the article, the author analyzes three models of attitudes towards people with special needs in the world: the medical model, the model of normalization, and social model, as well as defines priority humanistic approach based on respect for human dignity, rights and freedoms of every individual, regardless of gender, age or state of health. The basic needs of people with disabilities are identified, as well as the need for self-realization by which people seek to find their place in life and to realize their potential, talents, professional self-determination. We considered internal and external support mechanisms of “the disabled” in their development, for whom inclusive education aims at: creating favorable psychological climate in the family; creating cultural system in society; support from the government in professional and creative self-realization; social prevention and control of negative attitudes towards people with disabilities; providing equal rights by state, that erasure boundaries between “healthy” people and those with disabilities; positive self-perception and self-attitude; active life; a clear identity and personalization; responsibility, freedom and a strong will; belief in yourself and a positive assessment of one’s own and other people’s capabilities. We considered foreign and domestic regulations that ensure the rights of people with special needs: the Universal Declaration of Human Rights (1948), the Declaration of the Rights of the Child (1959), the Declaration on the Rights of Mentally Retarded Persons (1971), the Declaration on the Rights of Disabled Persons (1975), the Vocational Rehabilitation and Employment (Disabled Persons) Convention (1983), Convention on the Rights of the Child (1989), Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993), the Salamanca Statement on Principles, Policy and Practice in Special Needs Education and a Framework for Action (1994), the Dakar Declaration (2000), the Convention on the Rights of Persons with Disabilities (2006, New York) and others.

PL

W artykule autor przeanalizował trzy modele postaw wobec osób o specjalnych potrzebach na świecie (model medyczny, model normalizacji i model społeczny) oraz określił priorytetowe podejście humanistyczne oparte na poszanowaniu godności ludzkiej, praw i wolności każdej osoby, niezależnie od płci, wieku czy stanu zdrowia. Wskazano też podstawowe potrzeby osób niepełnosprawnych oraz potrzebę samorealizacji, w wyniku której ludzie starają się odnaleźć swoje miejsce w życiu i wykorzystać swój potencjał, talenty, profesjonalną determinację. Uwzględnione zostały wewnętrzne i zewnętrzne mechanizmy wsparcia „niepełnosprawnych” w ich rozwoju, dla których edukacja włączająca ma na celu: zbudowanie korzystnego klimatu psychologicznego w rodzinie; stworzenie systemu kulturowego w społeczeństwie; uzyskanie wsparcia rządu w profesjonalnej i twórczej samorealizacji; zapobieganie społecznym negatywnym postawom wobec osób niepełnosprawnych i ich kontrolę; zapewnienie równych praw przez państwo; usuwanie granic między „zdrowymi” a osobami niepełnosprawnymi; pozytywne postrzeganie siebie; aktywne życie; wyraźną tożsamość i personalizację; odpowiedzialność, wolność i silną wolę; wiarę w siebie i pozytywną ocenę możliwości (swoich i innych osób). W opracowaniu przedstawiono zagraniczne i krajowe przepisy gwarantujące prawa osób o szczególnych potrzebach, takie jak: Powszechna deklaracja praw człowieka (1948), Deklaracja praw dziecka (1959), Deklaracja praw osób upośledzonych umysłowo (1971), Deklaracja praw osób niepełnosprawnych (1975), Konwencja dotycząca rehabilitacji zawodowej i zatrudnienia osób niepełnosprawnych (1983), Konwencja o prawach dziecka (1989), Standardowe zasady wyrównywania szans osób niepełnosprawnych (1993), Deklaracja Salamanki w sprawie zasad, polityki i praktyki w zakresie specjalnych potrzeb edukacyjnych i ramy działania (1994), Deklaracja z Dakaru (2000), Konwencja o prawach osób niepełnosprawnych (2006, Nowy Jork) i inne.

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