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EN
The article examines the issues concerning the differentiated opinions on protection of human embryos or on using them in research. It analyses the arguments used in laws and in debates about human embryo research. The author has validated the argumentations of Damschen and Schönecker, i.e. the arguments of numerical identity and potentiality, and that of cautiousness. The latter is expanded by the author's own arguments for the need to protect human embryos and zygotes.
EN
Employment code defines mobbing as an activity or behavior regarding an employee or against an employee consisting in a persistent and long-lasting harassment or intimidation of an employee, leading to the employee's underestimation of his/her professional usefulness, causing or aimed at humiliation or ridicule of the employee, his/her isolation or elimination from the team. The aim of the article is to show the diversity of the concept of mobbing in the employment law and to try to systematize it and suggest changes necessary to avoid doubts which are raised by the discussed phenomenon. The article presents the analysis of documents, especially legal acts, court rulings as well as various publications. The work was to answer the question whether the definition of mobbing included in the employment code is correct, whether it guarantees a full protection of the mobbed employee's rights. The article shows deficiencies of the definition and suggestions which - in the authoress' opinion - could improve the situation of employees who are 'psychologically terrorized' in their work environment.
EN
While analysing the problem delineated in this way, the authors of the article refer to selected elements of the nature protection law in forests, focusing attention on the axiological aspect of legal norms related to nature protection and forest management. They define the position of these regulations in the environment protection law system, and on this basis present legal and axiological relations between them. They also pay attention to instruments that provide for protection of forest resources and to special natural values of these resources. At the same time, the authors present imperfections of the binding national legal regulations in the field of nature protection and forest management.
EN
This article is focused on the issue of protecting particular interests, which interferes with the rights of the defence, when performing evidence in criminal proceedings. In special cases where the life and health of the witness or the public interest may be endangered, the law permits the limitation of the defendant‘s fundamental rights and freedoms only if certain basic conditions guarantee the fairness of the trial and minimize the interference with the defendant‘s right to a proper defence respecting the principles of the contradictory nature of the evidence process. In my contribution, I deal mainly with witness testimony obtained from a person whose identity is in the criminal proceedings confidential. I refer to the rules that have emerged from the case law of the European Court of Human Rights on how to handle a collision of special interests.
EN
The aim of the presented contribution is an excursion of the legal regulation of unfair competition in relation to the consumer. With the help of legal doctrine and application practice, the author points out the correlation of the law against unfair competition with the consumer protection law. The transposition of consumer directives has led to internal fragmentation of the law against unfair competition. Due to the ongoing process of recodification of private law, it is possible to eliminate the shortcomings of the current legislation.
EN
The article presents organisational solutions for the protection of museum collections and cultural heritage sites using the example of the state of Vermont (USA). Also the solutions are described adopted by US nationwide agencies established to respond to natural disasters. In addition, the article introduces the mechanisms and organisational and legal solutions for managing information in connection with an emergency situation, taking into account the needs for protecting museum collections and objects important to the culture and history of the residents of the state of Vermont. The article was prepared on the basis of expert interviews, analysis of the literature and current laws and regulations.
EN
The article presents results of research concerning the possibility of oilseed rape crops in the organic system. Domestic and foreign studies are included, which mainly focused on the use of natural substances and beneficial microorganisms used in order to protect against pests. Paper also discusses the use and effectiveness of trap crops in the fields of oilseed rape.
EN
Written and printed works are one of the most important cultural achievements of every country and nation. This often priceless heritage is protected, among other things, by libraries which are responsible for collecting, preparing, storing, protecting and sharing their collections. The article focuses on one form of protection of these resources – the Polish National Library Resource (NLR), which has a legal basis and gives examples of good practice. The analysis presented in this paper covers the normative Acts that cover only those collections which are unique and exceptionally valuable for Polish culture. It was found that perception of these special collections has changed and that nowadays there are only a small number of libraries that take part in the NLR programme.
EN
The article focuses on social context and consequences of Descartes' method. The method demands rejection of human society as an intrusion into the development of human rationality. Though a declared acceptance of human society in its historically established facticity makes part of this rejection, it is necessary to defend oneself against it at first. The philosopher of method defends himself against society not only by means of isolation, but by external integration as well. When thus secured, he convinces the authorities not only about social harmlessness of his method, but also about its usefulness. He presents his method as ready to contribute a great deal to stability or to solid foundation of hitherto society. But even this cautious claim is guided by a pursuit of protection - now of the protection by authorities - for the benefit of the most important thing in the human world, the method itself, and the freedom of reason.
EN
The cost of apple protection against fruit-tree red spider mite (Metatetranychus ulmi) and codling moth (Laspeyresia pomonella) was analyzed. The plant protection products containing active substances of natural and chemical origin were listed and compared. The analysis of protection costs considering 15 products failed to confirm the thesis that the protection with the use of chemical substances is cheaper than using the substances of natural origin. The products containing substances of natural origin do not ensure protection against all economically important insects and their availability is worse in comparison to chemical products.
EN
(Slovak title: Digitalizacia kulturneho dedicstva a jej (perspektivna) buducnost v zavislosti od sledovania verejnych a sukromnych zaujmov). The article provides some considerations on copyright protection at national and European level in the context of digitalization of cultural heritage. It is focused on the interpretation of the three-step test as the most important instrument to balance private and public interests in copyright; it defines possibilities of application of copyright exceptions and limitations within national and European digital projects. The article tries to stress out that copyright is now increasingly focused on the interests of secondary right holders to protect their investment. However, neither the author should be in a position to control all uses of his work; some interference is tolerated to the extent they are justified by the interests which are overriding interests of the right holder. In this regard, it is necessary to find the lost balance between the interests of authors, secondary right holders, users and the general public. In the context of digitalization of the cultural heritage it is essential to promote the public interest - the preservation of cultural heritage.
EN
This paper examines the history, structure and the activities of the Inspectorate-General of Archives and Libraries in Slovakia between 1919 and 1951. Two renowned historians occupied the post of Inspector General: Václav Chaloupecký, a Czech by birth, and Branislav Varsik. In their role, both these scholars of historiography and history who pioneered these subjects at the Comenius University expended great amounts of time and effort to protect a number of important archives. They laid also the groundwork for the establishment of a truly unified and national network of archives whose mission would be to safeguard the nation‘s cultural heritage and make it available to the general public.
EN
This article deals with some legal instruments of protection of the right of privacy against the lawless tapping. The first one is the legal regulation of the constant control of the tapping in the criminal procedure that may be realized by the judged, not only by the department of Police Corp that provides the tapping. The second one is informing of the tapped person about its tapping that is the inevitable assumption of legal defence against its lawless tapping and completely absents in the Protection against Tapping Act. This is the reason of its conflict with the Convention and the judicature of European Court that may be deleted by the regulation of informing the tapped person about its tapping. In this article the reasoning of decisions is also analysed, by which the tapping is ruled - the order and the permission. According to the judicature of Constitutional Court, both of them must be reasoned. Despite of it the reasoning of decisions Hrubala writes that if the judged devised to the application for permission (reasoned exhaustively), it would not has negative effect for rights of tapped person. He argues that the necessity to justify the permission explicitly results neither from the Protection against Tapping Act nor the judicature of European Court. Besides of it such a decision would be also reviewable and conformable with the judicature of the Constitutional Court, because decisions, which examined this court, were not - in contrary with it - reviewable. That means his mentioned advancement does not menace any basic right of tapped person, therefore it may be consented.
EN
This article analyses the urban heritage protection and spatial development policies of two model historical urban centres in Poland, whose spatial layout has been erased: medieval Świecie nad Wisłą (the Pomeranian region) and Renaissance Krasiczyn (the Sub-Carpathian region). Their urban layouts had a significant compositional factor (a town and castle complex in axial plan). The second element important in terms of landscape protection and spatial planning is their history: at the end of the eighteenth century and during the nineteenth century they had to be relocated. The analysis covers the spatial form during the period of their founding, the reasons for transformation, their present-day state of preservation, and the current spatial conservation and development policy. General conservation conclusions have also been formulated.
EN
The habilitation lecture deals with issues of the search of the boundaries between privacy of family and the interest of the state in proper education of children. It is very topical issue, because terms such as juvenile justice or forced adoptions of children reverberate throughout Europe and even have been covered by the Resolution of the Parliamentary Assembly of the Council of Europe. Its adoption was the result of the disputable practice, in particular of English court. But also parents – foreigners in Switzerland, Portugal, Italy, Croatia or Germany encounter the same problems. The forceful withdrawal of children from their biological families is a contrary to the right to family life and privacy. It is also in contradiction with the positive commitment of the state to create conditions for restoration of natural relations in accordance with the family law. The substitute care, in particular adoption, should be considered only if the natural family environment of the child cannot be restored with help of the state. However, full resignation of the state to the exercise of parental duties and obligations, in particular to the result of child´s education, does not bring the desired result. Proper education of children is not only the interest of their parents, but also an important interest of society. This idea was already formulated by Aristotle stating that „the most important task of the legislator is to arrange the education of youth“. The balance between the protection of privacy, the interests of a child and the interests of society may significantly contribute to this balance. One of the basic means for achievement of the desired balance is sound legislation, for which a wide area has been opened up at the time of recodification of private law.
EN
This paper analyses a questionnaire designed to evaluate the risk of theft and other illegal and illicit activities with relation to artifacts collected in museums and galleries as well as other institutions dedicated to the preservation of cultural heritage (castles etc.). This questionnaire, which was created under the auspices of the project NAKI DF13P01OVV016 „Methodology of cultural artifacts storage - the optimization of conditions with the goal of long-term sustainability“, aims to become a tool to be used by institutions charged with managing cultural heritage.
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