Search results - CEJSH

1

Importance of supervision in professional development of social workers supporting homeless people

100%

Szymanowska J.

Praca Socjalna

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2020

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vol. 35(1)

104-116

EN

The article presents the definitions and functions of supervision significant in the area of social work as well as its individual and institutional benefits. It also presents the results of a pilot study concerning the importance of the instrument of supervision in professional development of social workers. The study showed that the respondents most often participated in sessions providing emotional support, and less often in the sessions offering specialist knowledge. The way of carrying out the supervision was convergent with the current needs of the respondents; however, participating in supervision did not have much influence on making professional decisions or their quality.

2

Kontrola Komisji Nadzoru Finansowego nad rzetelnością danych finansowych sporządzanych przez podmioty nadzorowane

100%

Pelc P.

Pieniądze i Więź

|

2016

|

vol. 19

|

issue 4(73)

93-98

PL

Komisja Nadzoru Finansowego posiada możliwość powierzenia dokonywania weryfikacji danych generowanych przez podmioty nadzorowane podmiotom wyspecjalizowanym. Regulacje takie dotyczą różnych segmentów rynku finansowego. Regulacje te można podzielić na dwie odmienne grupy, różniące się przesłankami podjęcia działań przez Komisję Nadzoru Finansowego oraz określeniem kategorii podmiotu wyspecjalizowanego. Pierwsza z nich dotyczy podmiotów rynku kapitałowego, druga zaś banków, spółdzielczych kas oszczędnościowo-kredytowych i Krajowej Spółdzielczej Kasy Oszczędnościowo-Kredytowej. W przypadku grupy pierwszej Komisja Nadzoru Finansowego może dokonać, za pomocą podmiotu uprawnionego do badania sprawozdań finansowych, weryfikacji określonych elementów finansowych podmiotu w razie powzięcia przez Komisję jedynie wątpliwości co do ich prawidłowości lub rzetelności. W przypadku drugiej grupy podmiotów Komisja Nadzoru Finansowego musi stwierdzić nieprawidłowości, a weryfikację danych zlecić biegłemu rewidentowi. Z tych przyczyn krytycznie należy odnieść się do zamiennego używania w obrocie prawnym tych odrębnych instytucji, w szczególności zaś do poglądu, jakoby w przypadku banków lub spółdzielczych kas oszczędnościowo-kredytowych Komisja Nadzoru Finansowego mogła – w trybie wykonywania działań nadzorczych – wyznaczyć podmiot uprawniony do badania sprawozdań finansowych (a nie biegłego rewidenta) i to bez uprzedniego stwierdzenia nieprawidłowości, a jedynie w oparciu o wątpliwości dotyczące prawidłowości badania.

EN

Polish Financial Supervision Authority has the possibility to entrust the verification of data generated by supervised entities to the specialized entities. Such regulations apply to different segments of the financial market. These regulations can be divided into two groups that differ in rationale for taking action by the Polish Financial Supervision Authority and defining the category of the specialized entity. The first group relates to the entities of the capital market, while the second – to banks, cooperative savings and credit unions and the National Association of Cooperative Savings and Credit Unions. In the case of the first group Polish Financial Supervision Authority – using the entity authorized to audit financial statements – may verify certain financial elements of the entity in the event of adoption by the Authority only doubts as to their accuracy or reliability. In the case of the second group of subjects Polish Financial Supervision Authority must ascertain irregularities and delegate the data verification to the statutory auditor. For these reasons, one should critically refer to interchangeable usage of these separate institutions in legal transactions, in particular the widespread ideas that in the case of banks and credit unions Polish Financial Supervision Authority could – in the supervisory activities’ procedure ¬– designate the entity authorized to audit financial statements and not the statutory auditor, and what is more, do it without finding any irregularities, but only on the basis of doubts concerning the accuracy of the study.

3

Kontrola czy nadzór sądu nad postępowaniem przygotowawczym

100%

Łuszczyk E.

Nowa kodyfikacja prawa karnego

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2012

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vol. 28

127-145

EN

The paper examines the role of the court in preliminary proceedings in the light of the Code of Criminal Procedure. The author carries out a historical-legal analysis of the impact the court has had on preliminary proceedings and discusses the functions currently assigned to it by the legislator at this particular stage of the criminal procedure. She concludes that the applicable Code of Criminal Procedure indicates the adoption of a “control-based” model of the court’s impact on preliminary proceedings.

4

The supervision in the area of Anti-Money Laundering (AML) in relation to legal and advisory professionals

100%

Karfíková M., Hladká M.

The Lawyer Quarterly

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2021

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vol. 11

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issue 2

289-304

EN

The article deals with the situation of legal and advisory professionals as obliged entities according to the legal framework of anti-money laundering (AML) and counter-terrorism financing (CTF) measures, and specifically with the supervision of these obliged entities. In this article, the authors pay special attention to the differences of these independent professionals (especially their obligation of confidentiality), the reasons for their inclusion into the scope of obliged entities, and their level of risk in the AML field. The supervision of these obliged entities is assessed in relation to the legal framework in effect until the end of 2020, the legal framework given by the amendment to the Czech AML Act, and de lege ferenda. Moreover, the article reflects the knowledge gained in practice and the problems detected during the application of AML measures in relation to the legal and advisory professionals, relevant cases, and comparison of legal frameworks in different jurisdictions.

5

Analiza systemów nadzoru właścicielskiego nad przedsiębiorstwami państwowymi w wybranych państwach Unii Europejskiej (Czechy, Finlandia, Francja, Hiszpania, Litwa, Łotwa, Niemcy, Wielka Brytania, Włochy)

100%

Adamiec D., Branna J., Dziewulak D., Groszkowska K., Mróz M., Żołądek Ł.

Zeszyty Prawnicze BAS

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2019

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issue 3(63)

150-193

EN

The study shows that corporate governance systems varies from centralized ones in Finland, France and Spain, a dual one in Italy and decentralized ones in the United Kingdom, Lithuania and Latvia. The different models have been described in detail, identifying the entities supervising the discussed type of entreprises.

6

Contemporary challenges in the work of court probation officer for adults. Critical recognition from the perspective of the Polish experience

100%

Kwieciński A.

Nowa kodyfikacja prawa karnego

|

2014

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vol. 34

81 - 90

EN

The paper focuses on the issue of probation officer participation in the supervision exercised over offenders exhibiting mental health dysfunctions. The analysis included in the paper applies to both currently applicable law and the proposed legislative solutions. The author’s critical remarks also include proposals de lege lata and de lege ferenda.

7

Information Flow in the Security Management System

100%

Graboń-Chałupczak M., Chałupczak W.

Logistics and Transport

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2019

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vol. 42

21-26

EN

Implementation of security objectives is conditioned by fast access to reliable and up-to-date information about processes occurring within the Safety Management Systems. The amount of information and the speed of changes taking place in the environment makes it necessary to introduce a system of information management and channels of their flow not only within the organization, but also in communication with third parties. Proper management of information resources increases the efficiency and effectiveness of SMS functioning. The article presents the possibility of a formalized description of the flow of external and internal information in a well-functioning Railway Operator Safety Management System. Analogous maps can be identified for infrastructure managers, defining key elements of its functioning.

8

Kontrola i nadzór nad szkołami wyższymi w Polsce

100%

Bednarczyk-Płachta A.

Przegląd Prawa Publicznego

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2012

|

issue 9

77-100

EN

The subject matter of control and supervision of universities, after law changes at 1 October 2011 r., that is the date of come into force a new law, has been extensively changed. Control and supervision made by appropriate minister and other different subject, for example: university authorities, government bodies, Top Control Chamber, Commissioner for Civil Rights, courts, contributes to regulations changing and creating legal regulations concerning system and functioning of universities. Ensuring balance between this regulations changes and university autonomy underlying reason for changing views about universities as an administrative institutions.

9

Le diable est dans les détails – czyli kilka refleksji na temat kontrolno-nadzorczych dylematów dotyczących regulaminów organizacyjnych urzędów gmin

100%

Lisowski P.

Studia Prawa Publicznego

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2022

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issue 4 (40)

45-62

EN

The paper is based on an analysis of the provisions pertaining to the adoption of the house rules of municipality offices and the regulations specifying the rules and the procedure of exercising supervision over these acts of executive bodies, as well as of subjecting them to the direct control of administrative courts. This analysis has revealed that the approach to the form in which the above issues are regulated should be revised towards such regulations and practice of applying law that would facilitate having more regard for the attributes of the independence of self-governmental administration in this ﬁeld. The treatment that these features have received (especially in the practice of supervisory organs and judicature’s output) has so far not explored or respected this potential. Taking also into account the experience (both doctrinal and related to administrative practice) gathered in the period of over 32 years since the reestablishment of territorial self-government in Poland, the paper thus argues that, at least in certain areas, the process of overcoming the limitations linked to the rationing – so to speak – of the attributes of decentralization (especially: of independence as one of its components) should be initiated. Therefore, the paper postulates in this context that invalidity sanction be substituted by the derogation in the form of revocation (that is: an ex tunc effect should be substituted by an ex nunc effect). The paper also signals that, when dealing with these forms of self-governmental activities, it may be possible to depart from the automatic application of the temporary protection related to the delivery of a supervisory adjudication (i.e. from the mechanism that presumes automatic sui generis acceleration of the enforceability of a supervisory adjudication). This stance has been additionally supported by the discussion of the speciﬁcity of organizational administrative law (in particular – with regard to the acts of non-municipal law, while allowing for the complex character of the house rules of municipality offices) which takes into account the conception of institutional choice.

10

Prawne formy działania Komitetu Stabilności Finansowej

100%

Ochwat M.

Przegląd Prawa i Administracji

|

2018

|

vol. 115

107-129

EN

The basic aim of this study is to present the nature of the legal forms of administration activities granted by the legislator, applied by the Financial Stability Committee [Komitet Stabilności Finansowej] in the light of administrative law. The specificity of conduct of macroprudential policy and supervision in Poland as well as in compared legal systems is primarily based on the use of forms of non-imperative nature, and that is why it is reasonable to examine what the effectiveness of this mechanism of impact on financial market institutions is and whether in this context it is possible to implement the goal of financial stability.

11

The Role of the Central Bank in Foreign Exchange Inspection in Selected Countries of the European Union – as seen in the Example of Poland, the Czech Republic and Germany

100%

Kowalewska E.

Review of European and Comparative Law

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2021

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vol. 45

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issue 2

183-206

EN

The activity of central banks in EU states is based on similar assumptions. Their aim is usually to maintain a stable level of prices and to support the state’s economic policy. Central banks are responsible for issuing money and for monetary policy. They have been equipped with adequate instruments to this end. The aim of this research is to demonstrate that legislation in Poland, the Czech Republic and Germany vested another important function in the central banks, namely foreign exchange inspection. However, this function is exercised differently in each of them. The central banks of countries referred to above are not only responsible for currency in circulation within the country but also for the balance of payments. Also, by pursuing their own foreign exchange policy they ensure an adequate position of the national currency in relation to foreign ones. The foreign exchange inspection in each of these countries is based on a different tradition and at the same time outlines the special role of the central bank. The analysis herein makes it possible to establish the scope of this inspection, taking into account the dynamics of changes that occur on the legal ground. What is also important here is whether a given country is only a member of the European Union or a member of the EU and of the euro area. The adopted research methodology is based on analysis of legislation in force with a reference to views expressed by legal commentators.

12

Legal Framework for Risk-based Banking Supervision in the Digital Age

100%

Artemenko D., Bychkova I.

Financial Law Review

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2020

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vol. 19

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issue 3

81-102

EN

This contribution deals with the system of financial and economic relations, which is evolving due to supervision of digital financial products and services (DFSP). The article presents an overview of the most relevant DFPS and supervisory tools and practices. The contribution aims at analysing an available supervisory toolbox used in different countries. In order to achieve the aim, such methods as logical, systematic functional and situational analysis, as well as grouping and monographic methods, were employed. Digitalisation may boost competition, efficiency and profitability of banking sector and bring benefits to financial entities and customers. Nevertheless, it also carries certain risks posing major challenges to supervisory authorities. They have to find a balance between securing financial stability, protecting customers and fostering innovation.

13

Warunkowe zawieszenie wykonania kary w perspektywie zmian wprowadzonych Ustawą z dnia 20 lutego 2015 r. o zmianie ustawy — Kodeks karny oraz niektórych innych ustaw

100%

Kalisz T.

Nowa kodyfikacja prawa karnego

|

2015

|

vol. 37

137-156

EN

Suspended sentence in Polish criminal law has afairly long traditionThis institution has found its place in the Penal Code of 1932 (Art. 61–64), the Penal Code of 1969 (Art. 73–79), as well as — in asignificantly expanded form — in the Penal Code of 1997. Suspended sentence of imprisonment has in the course of the last several years become the main means of penal policy in our country, leading to awhole range of problems. The aim of the paper is to analyze the very far-reaching modification of this institution which took place in connection with the adoption of the Act of 20 February 2015.

14

CHANGES IN MACRO AND MICRO-PRUDENTIAL SUPERVISION IN THE EUROPEAN UNION AND POLAND AFTER 2008

100%

Banasik M.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

|

2017

|

issue 1

4-24

EN

The financial crisis in the first decade of this century made economists, politicians and financial institutions realize the need for changes, especially in the area of supervision over markets. It should take place both at the micro and macro scale. Globalization processes force governments to cooperate on an international scale to avoid the socalled “domino effect”. A lot of households, which should be protected at macro level, lost their confidence in the financial markets because of the crisis. The purpose of this paper is to analyze the most important changes, which have been introduced after the crisis, in the legal regulations concerning supervision and safety of financial markets, both in the legislation of the European Union and Poland.

15

Trends in educating social workers in Europe

88%

Grudziewska E.

Praca Socjalna

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2019

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vol. 34(3)

27-40

EN

The text is reflection over chosen addresses and posters presented during a Meanings scientific conference of quality of social work education in and changing Europe which was held in June 2019 in Madrid. Referring motifs in it chosen were presented for educating social workers in chosen European countries, with the special pressure on his quality which is understood among others as internationalizing both of process of educating, as well as the exchange of experiences in this respect between researchers and university teachers. In the article issues discussed among others will be associated with mediation and the supervision in educating social workers.

16

Stosowanie środków kontroli i nadzoru nad przestrzeganiem przepisów i zasad ochrony pracy w praktyce inspektorów pracy

88%

Paroń Ł.

Przegląd Prawa i Administracji

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2019

|

vol. 118

103-122

EN

The hereby article attempts to present the practical problems faced by national labour inspectors, which they encounter during control and supervision procedures. The significant increase in the number of tasks that the National Labour Inspectorate is responsible for, along with a simultaneous expansion of the scope and intensity of socio-economic relations, gives rise to concerns regarding such proceedings. The primary aim of this publication is to emphasize several important issues related to the control and supervision proceedings conducted by the National Labour Inspectorate. Both the course of the inspections and the legal measures applied by the labour inspectors were analyzed.

17

Corruption and Information Sharing as Determinants of Non-Performing Loans

88%

Ahmad F.

Business Systems Research Journal

|

2013

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vol. 4

|

issue 1

87-98

EN

Background: There are several factors that lead to the growth or decline of the nonperforming loans, such as macroeconomic variables and bank specific variables, banks ownership structure, corruption and information sharing. Among them one of the main factors that affect the non-performing loans are the corruption. In developing countries corruption plays very important role in the growth of non-performing loans. Objectives: This study investigates the impact of corruption at economy level and institution level on the nonperforming loans. This study also examines the association of information sharing between depositors, lenders and financial institutions. Methods/Approach: The current study used time series data over the period of 2001 to 2010 and employed OLS method. Results: The results provide no significant association of corruption and information sharing with non-performing loans. Conclusions: The results suggest no significant impact of corruption on non-performing loans because of the nature of the data used, but as literature provides significant impact of corruption on non-performing loans, therefore State Bank of Pakistan and commercial banks can reduce the level of non-performing loans by reducing the chance of corrupt practices by following the rules and regulation of credit allocation, supervision and loan monitoring.

18

Europejska sieć bezpieczeństwa finansowego. Rozwiązania pokryzysowe

88%

Iwanicz-Drozdowska M.

Studia BAS

|

2018

|

issue 1(53)

7-24

EN

The author reviews the EU financial supervisory and regulatory architecture which was introduced in 2010 as a response to the global financial crisis. The aim of this paper is to discuss the gaps identified in the financial safety net, as well as the decisions made by policymakers to strengthen financial regulation and supervision. Special attention is given to the financial stability mandate, micro- and macroprudential supervision, and resolution mechanism. The changes implemented are expected to reduce the severity of any future financial crisis.

19

Regulatory Governance for the Gig Economy

88%

Hoff W.

Krytyka Prawa. Niezależne studia nad prawem

|

2021

|

vol. 13

|

issue 2

45-55

EN

This article explores the possibility of replacing the traditional administrative supervision over the gig industry in favour of regulatory instruments rooted in economy. While regulation in this sense is not uncommon in the Enlish-speaking countries, even outside infrastructural sectors, in continental Europe, administrative supervision of business still prevails. The current approach of states, including administration, legislative authorities and courts, towards the gig economy can be attributed to the misconception expressed in the EU and national court decisions presuming that companies such as Uber, offering an electronic platform, form one entity with thousands of businesses performing services such as Uber drivers. This paper asserts that regulatory authorities with their powers of correcting the anomalies of the market, are better suited for platform-based services. States should use their powers to liberalise doing business, rather than restrict new, inventive forms of business to the detriment of the customers.

20

Prawne regulacje funkcjonowania samorządu terytorialnego w aspekcie efektywności nadzoru oraz kontroli sądowoadministracyjnej

88%

Nogieć-Karwot E.

Studia Prawa Publicznego

|

2023

|

issue 3 (43)

89-123

EN

The article presents an analysis of legal regulations concerning supervisory insti-tutions as a key element in how local government functions. The effectiveness of supervision institutions is analyzed on the basis of legal regulations concerning bodies supervising the activities of local government. Exercising legal supervision contributes to restoring the state of affairs consistent with law, if it has been violat-ed, thus presenting statutory supervisory measures at the disposal of supervisory authorities. Ongoing supervision of voivodes and regional accounting chambers, as a matter of principle, is related to examining the legality of the legislative activity of the decision-making bodies of local government units, therefore the article discusses the process of supervisory proceedings related to the issuance of a supervisory deci-sion by the supervisory authority. In order to exercise supervision more effectively, in addition to appropriate legislative changes and the elimination of existing legal loopholes, in the author’s opinion, it is necessary to deﬁne the principles of coop-eration between supervisory authorities and other entities, including developing and agreeing on procedures for the mutual exchange of information. In addition, the actions taken by prosecutors, who, using their statutory powers, ﬁle numerous complaints to administrative courts against resolutions of local government units are also indicated. However, there is a complete lack of knowledge on the part of the supervisory authorities in this regard. The text recapitulates the results of the audit carried out by the Supreme Audit Office which concerned the supervision of voivodes over law-making by local government units in 2017–2019. The analysis of the subject of legal regulations relating to the exercise of supervision provides the basis for the author to formulate de lege ferenda postulates and to present the proposed directions of changes.

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