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1
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Types of sanctions for unauthorized construction (ECPRD Request No. 4978)

100%
Kurczewska K., Wołowicz K.
Zeszyty Prawnicze BAS
|
2022
|
issue 2(74)
208-224
EN
The authors discuss the issue of liability for violations of construction law. They analyse types of liability and sanctions for such violations. They discuss the professional, administrative and criminal liability of participants in the construction process for violation of regulations, as well as civil liability for improper performance of contractual obligations. They also discuss civil liability of the State Treasury in the event of an illegal administrative decision issued by public administration bodies, as well as civil, disciplinary and criminal liability, and – in a particular situation of gross violation of the law – also the personal property liability of officers of these authorities.
2
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Public Procurement Data Collection (ECPRD Request No. 4735)

100%
Korolewska M.
Zeszyty Prawnicze BAS
|
2021
|
issue 3(71)
203-214
EN
The author discusses the Polish system of public procurement. She describes the institutions collecting data concerning public procurement, means of sharing this data with the citizens and legislation regulating this issue. The author considers whether the entry into force of an entirely new Act on Public Procurement, which came into force on 1st January 2021, will affect the manner of reporting on the functioning of the procurement system based primarily on the annual report about the conducted contract award procedures prepared by the contracting authority. Particular attention is paid to the collection of data on taking into account social aspects in public procurement.
3
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Kwestie wpływające na przebieg prac parlamentarnych w czasie pandemii COVID-19 (wniosek ECPRD nr 4498, aktualizacja pytania nr 4369)

100%
Branna J., Kupis D.
Zeszyty Prawnicze BAS
|
2021
|
issue 1(69)
156-159
EN
The authors present procedures and protective measures regarding the COVID-19 pandemic applicable in the Polish Sejm. Activities in this scope are carried out on the basis of ‘Guidelines for the functioning of state offices and institutions during the SARS-CoV-2 epidemic in Poland’. The general rules include maintaining spatial distance, covering the mouth and nose, and the obligation to disinfect hands at the entrance to the building. Members can attend the plenary sitting in the Sejm building (in the plenary hall and in designated rooms) as well as remotely.
4
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State Funding of Sports Organizations (ECPRD Request No. 4725)

100%
Żołądek Ł.
Zeszyty Prawnicze BAS
|
2021
|
issue 3(71)
215-220
EN
The paper presents the Polish legislation concerning sports organisations. The author begins with an overview of the legal framework, including the main legal acts and their stipulations, sports governance (particularly sports clubs and sports associations) and key stakeholders engaged in sports. Next, he discusses selected issues concerning distribution of the state funds in sports.
5
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Criminal liability for fake marriages in the context of human trafficking (ECPRD Request No. 4693)

100%
Tazuszel A.
Zeszyty Prawnicze BAS
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2021
|
issue 2(70)
246-250
EN
The author presents national legislation concerning criminal responsibility for fake marriages within the framework of human trafficking, including selected provisions on marriages that are in force in Poland and legislation on human trafficking (including international conventions on counteracting human trafficking to which Poland is a party). As the Author emphasizes, perpetrators of trafficking in human beings are punished in Poland on the basis of the Criminal Code.
6
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Uzgodnienie rodzaju i wysokości kary w postępowaniu karnym w Polsce

100%
Bachmat P.
Zeszyty Prawnicze BAS
|
2020
|
issue 2(66)
167-171
EN
The Polish Code of Criminal Procedure provides for three paths in which it is possible to agree with the accused the type and severity of the penalty imposed on him by the court, provided that taking evidence by the court is waived. The first possibility occurs during the stage of preparatory proceedings, being an agreement with the prosecutor, so that a lengthy evidence process is not carried out. The second option applies after the indictment has been brought to court, while the third one may be used by the accused until the end of the first interrogation of all the accused. It requires submitting a relevant application.
7
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Restitution of Cultural Heritage Goods

100%
Bińkowska-Artowicz B.
Zeszyty Prawnicze BAS
|
2020
|
issue 4(68)
179-184
EN
In response to the ECPRD request, the Bureau of Research provided the requester with information on restitution of cultural heritage goods. According to the author, the return of cultural goods acquired from a foreign country during a war or colonization is regulated in the Polish Act on Restitution of National Cultural Goods, which governs the implementation of the Directive on the return of cultural objects unlawfully removed from the territory of a Member State. The Republic of Poland was requested by Germany to return certain cultural goods, confiscated after World War II. However these requests were turned down because the goods were acquired as a result of the change of state borders. Before the above-mentioned Act came into force, the Polish state had returned some cultural goods to other countries. The Polish Ministry of Culture and National Heritage has a special unit which deals with restitution of artworks and keeps the Catalogue of the War Losses - The Division for Looted Art.
8
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Governmental obligation to provide “correct” and “necessary” information in bill drafts presented to the National Assembly (ECPRD Request No. 4864)

80%
Żurawski M.
Zeszyty Prawnicze BAS
|
2022
|
issue 2(74)
203-207
EN
The author discusses the procedure for providing information to the Sejm during the legislative process. He describes legal solutions requiring the use of expert assistance at different stages of the process. He also discusses ways to ensure compliance of new bills with European Union law.
9
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Criminal Liability of Magistrates (ECPRD Request No. 4563)

80%
Branna J.
Zeszyty Prawnicze BAS
|
2021
|
issue 4(72)
194-200
EN
The study at the request of the ECPRD presents the legal provisions on the criminal liability of judges in Poland. The provisions of the Constitution of the Republic of Poland regarding irremovability and immunity of judges are given, as well as selected articles of the Act of 27th July 2001 – the Law on the System of Common Courts.
10
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Holding elections in the context of the COVID-19 epidemic (ECPRD Request No. 4586)

80%
Branna J., Kupis D.
Zeszyty Prawnicze BAS
|
2021
|
issue 2(70)
241-250
EN
The authors present information on holding presidential elections in Poland in 2020 in the context of the COVID-19 pandemic. They indicate, among other things, what anti-epidemic measures were taken to ensure the protection of life and health of voters, members of election commissions and other participants in the election process. Moreover, they present issues on how to ensure voting for voters under compulsory quarantine or mandatory isolation and indicate voting rules adopted specifically in connection with the COVID-19 pandemic and legislative changes made, including amendment to the Electoral Code.
11
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Wykonywanie pracy przez skazanego

80%
Bachmat P.
Zeszyty Prawnicze BAS
|
2020
|
issue 1(65)
177-180
EN
According to the author of the opinion, in the Polish criminal law system such a role is played by the penalty of restriction of liberty. In the catalogue of penalties it holds a second rank in terms of severity. The author emphasizes that the penalty of restriction of liberty may consist of performing unpaid, controlled work for social purposes. On the other hand, the penalty of restriction of liberty may consist of deducting a part of remuneration for ordinary work and transferring this amount to funding a social purpose indicated by a court.
12
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Ogólne uwarunkowania i przepisy dotyczące funkcjonowania Senatu RP

80%
Gierach E.
Zeszyty Prawnicze BAS
|
2020
|
issue 3(67)
243-251
EN
The text concerns the upper house of the Polish Parliament (Senate). It contains a list of selected issues related to Senate’s role and functioning in the Polish legal system. The author, referring to the relevant provisions contained in the Constitution of the Republic of Poland, the Rules and Regulations of the Senate and other legal acts, discusses in the text such issues as election of members of the Senate (senators), senatorial mandate, internal organization and mode of operation of the Senate and authority of this House.
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