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Obszar ograniczonego użytkowania - Prawo ochrony środowiska − art. 135 i 136

100%
Padrak K., Solan M.
Kontrola Państwowa
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2013
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vol. 58
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issue 4 (351)
135-145
EN
The institution of a limited usage area plays an important role in the Polish legal system. The reason is that without this institutions several difficulties could be encountered when new large infrastructure buildings are constructed or extended, which are very important for the functioning of a modern state. On the other hand, the legal concept of a limited usage area protects one of the basic rights – the property right that is guaranteed in Article 21 of the Constitution of Poland.
2

PRÁVNY PLURALIZMUS II.

80%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 4
327 – 336
EN
This text is a continuation of the author’s previous article published in the preceding fascicles of Právny obzor. An interesting concept of polycentric legal system has been formed in Central Europe. We understand it as a complementary to the concept of legal pluralism: polycentric legal system of state in the framework of legal systems connected with other subjects of public power. Legal pluralism is becoming the central concept of postmodern in law. The impact of legal pluralism on the situation of individual human being is predominantly negative, because her/his legal situation is becoming more complicated, fragmented and changing, but it is important for the functioning of law in postmodern situation.
3

O PRÁVNOM SYSTÉME

80%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 4
321 – 337
EN
It is usual to write about law as a system. The systemacity of the law means only a modicum of orderliness and a network of legal norms as basic elements of legal system. There is always a degree of contradiction and/or a tension between legal norms, legal principles and other elements of the legal system. This tension and/or contradiction are characteristic and system creating relationship between elements of Manual system. Legal system is not an axiomatic one for many reasons. It is full of unavailable tensions and contradictions. It is a social normative system determined by society. The elementary unit connecting legal system and social system is legal regulation of great amount of social acts and consequently of social relations, which acquire quality of legal relations. It is also an information (sub) system. Law always strives for an order, but only with a moderate success. It is an open cognitively and operationally open system.
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BOTH TO THE MEANING AND OBJECTIVE OF LAW FROM THE POINT OF VIEW OF LEGAL REGULATIONS' INTERPRETATION: METHOD OF ARGUMENTATION BY MEANS OF TELEOLOGICAL INTERPRETATION (BOUNDENESS OF A JUDGE BY LAW) (Czech title - below)

80%
Hanus L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 2
97-122
EN
(Title in Czech - 'Ke smyslu a ucelu prava z pohledu interpretace pravnich predpisu: argumentaci teleologickym vykladem (vazanosti soudce zakonem)'). The article is corcerned with the interpretation of law with particular reference to the emphasized role played by the teleological interpretation method in the ascertainment of the content of a legal regulation. The autor points to the legitimate posibility and necessity of judge-made completion of law with the reservation that the judicial decision represents the continuation and not the beginning of the lawe-making process. With regard to the substance of codification based on its purpose (ratio legis) as well as such objective factors as particularly overgrown legal system in terms of the number of regulations, intricacy, often also disharmony, vagueness or unintelligibility of regulations, the autor accentuates the role of the quest for the meaning and purpose of the regulation in the legal system as a meaningful whole as the fundamental interpretation directive in the search fo its content. The autor andeavours to present a schematically transparent and generally applicable algorithm of mutual modifiability of the result of interpretation resulting from the linguistic and the teleological interpretation methods and or to outline the situations in which the result of teleological interpretation is capable of modifying, supplementing or fundamentally changing the result of the interpretation of a legal regulation ascertained purely on the basis of linguistic criteria, while outlinig the limits preventing arbitrariness in the application of law.
5
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AUDIT BODIES AND AUDIT SYSTEMS IN THE FIGHT AGAINST TERRORISM FINANCING (Organy i systemy kontroli przeciwdzialajace finansowaniu terroryzmu)

80%
Golonka A.
Kontrola Państwowa
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2012
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vol. 57
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issue 2(343)
30-42
EN
Combating symptoms of financial support for terrorism, as well as cutting off resources of terrorist organisations are those methods of fighting terrorism financing which are more and more frequently used. In the Polish legal system, these issues are regulated in the Act on Preventing Money Laundering and Terrorism Financing. A special role has been assigned to direct and indirect control, which is regarded as an effective preventive measure. The article is dedicated to an analysis of the provisions of this act that regulate the status and mandate of bodies established to exercise control in the field. It also describes procedures that are meant to allow for discovering cases of financial support for terrorism.
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PRÁVO A RECENTNÍ SOCIÁLNÍ ZMĚNA

80%
Večera M., Urbanová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 5
455 – 467
EN
A law not only reflects the existing social situation but also plays an important role when the situation changes. The law manifests itself in its conservative aspects, its innovative effects on the social relationships, in the actions taken by social institutions and in the course of social processes. It acts as an independent and dependent variable of social change in society; it is both the cause and the result of a social change. The legal tools of social change legitimize the ongoing social changes and help to enforce them via the authority of law. In the postmodern society with a pluralizing social structure and the growing normative and value-related plurality, law contributes and supports the minimum normative and value-related consensus of society. The law’s regulative, integrative and innovative functions have become necessary in the postmodern society. The increasing complexity of a social life and the need to restore legitimacy of the political system contribute to replacing the executive power with hypertrophy of legislative tools. In the process of post-modernization, law not only reflects and affirms social changes in society but it also becomes more and more important tool of social change.
7

PRÁVNÍ SYSTÉM ČSSR, MENŠINY A EXPERIMENTY S PRÁVEM V ŠEDESÁTÝCH LETECH

80%
Kuklík J., Petráš R.
Človek a spoločnosť. Internetový časopis pre pôvodné teoretické a výskumné štúdie z oblasti spoločenských vied
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2013
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vol. 16
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issue 4
-
EN
The study deals with the problem of legal framework of the socialist Czechoslovakia in the 1960 ́s and experiments in law regarding the position of national minorities. After 1960 all main branches of Czechoslovak law were re-codified and Czechoslovak law especially in Civil and Economic law breached all civil law traditions and introduced what was regarded as a socialist law. The experiments influenced also the position of national minorities.
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Związek między metodologią prawа porównawczego i zasadami synergetyki

80%
Mayik I.
Colloquium Wydziału Nauk Humanistycznych i Społecznych AMW
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2013
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issue 2
111-120
EN
The legal system is examined; the structure of legal system is given; synergetics is analysed; the thesis describes the synergetic approach in comparative jurisprudence; the work illustrates synergetics as a science giving the theoretical explanation of the process of the self-organization of the legal system; the comparative jurisprudence is explained; the main methods of the connection between the comparative jurisprudence methodology and principles of Synergetics are investigated.
9

DIVIDED CO-OWNERSHIP AND MATRIMONIAL PROPERTY IN LEGAL REGULATIONS OF SLOVAK REPUBLIC

80%
Kerulova M.
Contemporary Economics
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2008
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issue 3(7)
143-150
EN
The objective of the study is to transparently outline a system of relations connected with two different forms of property right that are incorporated in Slovak legal system. In this study author dealt with principles of the divided co-ownership and matrimonial property which lead to the pointing up to the differences between these legal concepts. On the basis of analysis of the null and present rules of law author persuade to the conclusions which are evaluation of the present status and inevitability of the changes in the future.
10

PRÁVNY PLURALIZMUS I.

80%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 3
205 – 217
EN
Legal pluralism is a standard element of postmodern vocabulary in legal theory. It is possible to find predecessors of legal pluralism in legal history, but only when we look at it with the eyes of today. It forms a part of broad normative pluralism and is usually connected with important changes in the concept of law. There are different kinds or models of legal pluralism in particular societies, but some kind of it is present almost everywhere. Legal pluralism exists today in the context of postmodern situation, and it is caused by different factors especially by power pluralism and cultural diversity.
11
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Štátoprávny náčrt dejín Veľkej Moravy

80%
Z Dziejów Prawa
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2012
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vol. 5(13)
31-55
EN
Great Moravia was first state formation that with its area had reached also the area of present Slovakia. It had been formed by merging of independent Moravian and Nitrian principalities in the 9th century. Its inhabitants were ascendants of Slovaks and Czechs. Character of the Great Moravian State we can mark as relatively centralized formation, where ruler and his family has dominated status. Despite the time of its creation this formation showed all most important signs of state. It has relatively well developed system of state bodies, system of local bodies as example of structured state area into smaller local units. Existing legal system in this area had ultimate signs of customary law, in the same time usage of written legal documents existed. During its existence Great Moravia had also independent church organization and it performed independent foreign policy. During its existence this state has been recognized as independent unit also from Pope. The most critical fact that contributed to downfall of Great Moravia in 10th century were on one side conquests of Hungarian tribes as well as conflicts in the rulers family. The existence of Great Moravia is in Slovakia for centuries accepted as important milestone of Slovakian nation in its attempts for achieving Slovakian state independency.
12

RELEVANTNOSŤ PROBÁCIE A MEDIÁCIE V PRÁVNOM SYSTÉME ŠTÁTU

80%
Kurilovská L., Krásná P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 6
458 – 472
EN
In the article, the authors deal with the institute of probation, mediation and its relevance in the legal system of the state. Probation and mediation, as cardinal elements of restorative justice, play a relevant position in the legal system of the state and help its effective functioning. Probation and mediation are characterized by assistance and support for perpetrators, but of course also for victims of crime. They create a kind of picture of the correct principle, where the state helps the victim of a crime to overcome the damage caused to him as a result of the crime and at the same time helps the convicted offender to realize what he caused and also to integrate into society after serving the sentence.
13
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PROCESS OF SYSTEMIC CHANGES IN THE POLISH PENSION FUNDS MARKET

80%
Rudzewicz A.
Olsztyn Economic Journal
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2007
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vol. 2
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issue 1
68-78
EN
The paper aimed at assessment of the implemented and proposed changes in the legal environment governing operation of the pension funds in Poland. That included the legislative process in which the legislator approved the solutions aiming at improvement of competitiveness, decrease of costs of the existing system and increase of profitability in the pension funds market. The presented changes (innovations) clearly privileged the position of members in open pension funds. They decreased the fund management fee depending on the volume of assets. The bonus account was established from which the best PTE's can obtain additional profits. The contribution fee was decreased and unified. The negative direct influence of the largest pension funds on the weighted average rate of return was decreased. Additionally, new concepts aiming at streamlining the pension system are developed. They include the e.g. expanding the funds investment opportunities (e.g. in real property) and decreasing the limitations concerning foreign investments.
14

Struktury administracyjne Śląska jako czynnik spójności prawnoustrojowej (XII-XV w.)

80%
Pauk M., Wółkiewicz E.
Śląski Kwartalnik Historyczny Sobótka
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2012
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vol. 67
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issue 4
53–77
EN
An analysis of crucial legal and systemic issues indicates that the most important aspect in forming the regional cohesion of Silesia was the “transformation” in the 13th century, including the reception of German law and the institution of self-governing municipality. The main factor determining the functionality of administrative and judicial structures was the furthering territorial fragmentation. In the 12th century the provincial comites, appointed by the principes, as well as the Bishops of Wrocław, performed the function of intermediaries between Silesia and the rest of the Monarchy. After 1163 the Silesian dukes concentrated on the particular needs of their forming territorial dominions, sometimes used also as power base for the realisation of state-wide political concepts. Hence the initiatives undertaken for the purpose of consolidating the duchies in the administrative and economic spheres, utilising innovative socio-systemic mechanisms, such as: establishment of new towns, castle construction as well as reforms of administration of both the Castellans and Weichbilds and promoting migration of foreign knights. Yet another breakthrough took place when the Silesian duchies fell under direct or feudal dominion of the Bohemian Crown. Seeing as the House of Luxembourg was not interested in the creation of centralised institutions and did not interfere in internal relations between the duchies the institutional differences deepened. Unification policies took shape only within individual duchies, with limitations of such policies and focus on short-term solutions being evident. Attempts to make the administrative structures uniform were rare, this is especially evident in context of incorporated areas. The rapid changes in the feudal fragmentation proved a hindrance to unification activities as well. Remaining within a singular church structure and one political organism was, however, a cohesive factor.
15

CIRKULARITA V PRÁVE

61%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 2
109 – 124
EN
There are three kinds of circularity in legal systems: 1. Avoidable mistake of a legal regulation, when two or more legal norms refer mutually to each other. This situation is relatively common in times of legal (including constitutional) pluralism. 2. Complex system of mutual but mediated references and of „legal regulation of law“ (secondary rules). This kind of circularity is necessary in any developed legal system. 3. Rule of recognition is unavoidably a self-applying one. It is self-application results in a paradox and regres ad infinitim. It is a proof of necessity of some extralegal starting point for any legal system. The circulartiy forms one of the central tenants of autopoietic concept of legal system, but it is not only necessary for any developed legal system, it relativizes the ideas of (operative) closure of legal system because it shows the necessity of some extrolegal „starting point“ and continual base for any legal system.
16

TABUĽKA ZHODY AKO NÁLEŽITOSŤ PREBRATIA SMERNICE (ORIENTAČNÁ ISTOTA V PRÁVNOM PORIADKU)

61%
Hodás M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 2
149 – 163
EN
In legislative technique of the European Union, the correlation tables are used to demonstrate compliance of content, or to simplify orientation, for example between „old“ and new treaties, or between former and new legislation. The correlation table in the Slovak Republic is worked up by drafting of legislation at the level of Slovak Government, if the draft legislation is to transpose a Directive, the exact form of correlation tables is determined Legislative Rules of the Slovak Government. The necessity of the existence of correlation tables of transposition measures with EU law can be derived from the obligation of loyalty of a Member State of the European Union, as well as the related case law of the Court of Justice of the European Union, which refers to the obligation to provide the Commission with information that is clear, precise and clearly identifies those laws and regulations, which the Member State considers that they have satisfied the various obligations imposed on him by the Directive. Failure to comply with the notification obligation of the Member States, whether by providing no information, or insufficiently clear or insufficiently precise information, may of itself justify a procedure under Article 258 of the Treaty on the Functioning of the European Union. Similarly, the addressee of the legal norm needs to know that the norm has EU origin to be able to know the specific effects of the norm. From the point of view of the European Commission we are talking about the facilitation of checking of compliance with the transposition obligations of the Member States and in view of the addressees of legal norms we are talking about orientation certainty and recognizability of the legal system. In this context, it appears as a lack that there is no systematic centralized database of correlation tables, which is accessible to the public and no obligation to produce a consolidated version of correlation tables, which reflect the changes in transposition measures discussed in the National Council of the Slovak Republic. Legal certainty is undermined also by the fact that the correlation tables are not prepared by implementing the regulations of the European Union.
17

THE DEVELOPMENT OF LAW IN INDIA

51%
Kulcsar K.
Tarsadalomkutatas (Social Science Research)
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2008
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vol. 25
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issue 1
57-82
EN
Society is the decisive force in the relationship between law and society, with its historically developed specificities, economic, political and cultural features. In the early history of a culture and in its first, longer and shorter period of development the social emergence of law is usually related to the given culture and to politics appearing within it, as well as with the unfolding of religion. Consequently politics and its organisation (even if at a rudimentary stage) develop jointly, and law mostly has a religious nature. (Kulcsar, 1982). At a later phase of development religion, politics and law are separated, and are distanced from each other at a pace depending on the speed of cultural development. The relationship between politics and law, however, endures and persists, while religion would be distanced after some shorter or longer period of time, with the emergence of civil society. If they remain in a closer relationship due to the nature of the given society and under cultural effects, the influence of religion, besides politics, would be felt more strongly in law. In the present-day India religion and politics are still significantly linked, despite some signs to the contrary. According to the author's personal experience the country did not present itself as religious in the common sense of the term, yet several religious traditions (Buddhism, Hinduism, etc.) have been markedly present in thinking. Traditional Hindu religion is still very strong in the country, and its significance has politically grown.
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