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  1. 2 Studia Iuridica

  2. 1 Radca Prawny

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  1. 3 Vachev V.

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  1. 1 2024

  2. 1 2023

  3. 1 2021

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Charakter prawny przedawnienia karalności w polskim prawie karnym

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Vachev V.
Studia Iuridica
|
2022
|
vol. 93
243-256
EN
Despite the fact that for over a hundred years the statute of limitations has been a very popular subject among scholars and an issue of paramount importance, no satisfactory answer has yet been given to the question of its legal nature. Although the dominant view in the Polish science of criminal law is that the statute of limitations is substantive, in this text the author proves its procedural nature. This issue has a significant impact on a number of problems that are essential for the proper application of criminal law.
2
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On the purpose and functions of legal‑dogmatic research (continental tradition)

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Vachev V.
Studia Iuridica
|
2023
|
vol. 100
289-299
EN
The present text discusses the role of a special kind of research into criminal law in the continental legal tradition, for which the term “legal-dogmatic research” has been adopted and used by many scholars from outside the common law system and which is described in more detail below, its place among other scholarly disciplines, and its significance for legal practice. The concept of this “legal-dogmatic research” can be understood in two ways. Based on the first approach, it is perceived as an abstract study of law independent on the legal rules in force at a given time and place. In this sense, it appears as synonymous to terms used in the German language: Doktrin or Lehre (study). In the second sense, this research is seen as a study of existing law (lex lata) – and nothing else. It differs from other areas of jurisprudence in that it does not strive to be universally valid, but is confined to a time and place. The article presents a point of view in the light of which this research aims to render the normative system coherent and comprehensible, i.e. to establish the correct meaning of the law by clarifying and systematizing it. In this context, the author shows that the purpose of legal scholarship is to reveal and subsequently to conceptualize reality. At the same time, the importance of investigation of the law as it is (legal-dogmatic research) is by no means limited to the hermeneutical analysis of the legal text, but that it faces equally ambitious tasks, such as the development of criminal law and the need to find material legitimacy for the use of coercion by the state against citizens.
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Odpowiedzialność karna urzędnika za szkodę wyrządzoną przez drzewo lub krzew wskutek niedopełnienia obowiązków służbowych

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Vachev V.
Radca Prawny
|
2021
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vol. 27
|
issue 2
73-94
EN
The article focuses on the analysis of the dogmatic grounds of criminal liability of administrative officials that manage urban green areas for damages caused by the fall of a tree or a bush. The main focus of the discussion revolves around criminal liability for the failure to remove a plant as a result of the unintentional professional negligence by public officials (Article 231 § 3 of the Polish Penal Code). Particular attention is directed toward the issue of compliance of the crime of professional negligence with the constitutional standard of definiteness (nullum crimen sine lege certa). The text also discusses the possibility of incurring criminal liability for the aforementioned actions on the basis of certain types of common crimes and considers cases of potential concurrence of regulations and crimes.
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