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Jakie przepisy procesowe należy stosować w postępowaniu prowadzonym na podstawie art. 33 ust. 6 ustawy Prawo łowieckie

100%
Kościelniak-Marszał M.
Opolskie Studia Administracyjno-Prawne
|
2017
|
vol. 15
|
issue 3
77-86
PL
Under art. 33 it. 6 of Hunting law cases of different nature are heard before a regional court. It is the subject matter of specific proceedings that is decisive in determining which procedural regulations will apply as the above provision refers to different legal relations. The first one refers to the membership in the Polish Hunting Association, which is granted in a way that allows us to recognize it as a civil law occurrence, and therefore the request before a common court for the protection of the membership may be considered a civil action. The second one is related to disciplinary liability which due to repressive nature of sanctions falls within penal liability in its broad sense. In this case, the proceedings before a common court exercised as a result of making an appeal against the decision ending disciplinary proceedings within the structures of the Polish Hunting Association constitute continuation of the disciplinary procedure. The nature of this liability calls for the court appeal control to be conducted on the basis of the same rules pertaining to the law of criminal procedure, on which disciplinary proceedings within the organization were based, and for the procedure ensuring the defendant as far-reaching proceedings security as possible to be applied.
2
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The place of animals in the legal system based on the Hunting Law: Legal and humane aspects

94%
Michalska M.
Studia Administracyjne
|
2020
|
issue 12
49-61
EN
Since the late 1920s, the legislator has been trying to indicate the place of animals in the legal system. Due to their psychophysical features, they can be classified neither as things nor as persons. Determination of the place of animals in the legal system was extremely important due to the need to grant them legal protection in order to combat inhumane treatment. Today, the term “animal” is regulated in the Animal Protection Act, which clearly states that an animal is not a thing. However, in matters not regulated in the said act, laws applicable to things apply. Such subjectivity of animals is opposed by the understanding of game under the Hunting Law. What is more, this is not the only significant difference in the understanding of these related terms based on analysis of the two legal instruments. Humaneness viewed through the prism of the two pieces of legislation seems to be contradictory – the above-mentioned acts present different understanding thereof as well as different implementation by law. The cited acts were analysed in terms of literal, purposive, logical, and functional interpretation. Research into the issues in question was carried out with the use of dogmatic-legal, theoretical-legal, historical-legal, and sociological methods. This publication indicates the problem of ambiguity of the term “animal” based on the Hunting Law. Its aim is an in-depth analysis of the legal aspects of humane protection of animals, as well as an a contrario presentation of hunting practices. The research work carried out has suggested both inconsistencies as to identical terms in the above-mentioned acts, and a clear problem with regard to respecting and implementing the norms that stem from the provisions of the Hunting Law. Such results lead to a justified concern about the topicality of the legal solutions presented in the said act, while approval of this position should result in a conclusion that there is a need to amend the Hunting Law.
3
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Opinia prawna na temat niektórych przepisów poselskiego projektu ustawy o zmianie ustawy – Prawo łowieckie

94%
Lackoroński B.
Zeszyty Prawnicze BAS
|
2016
|
issue 2(50)
141-151
EN
Under the proposed amendment of Hunting Law, decisions on compensation issued by a province governor (wojewoda) could not be appealed to an administrative court based on the alleged illegality. The author points out that there should not be a situation in which two decisions are made in the same case, one by a public authority and the other by the court of general jurisdiction, none of which has effect on the binding force of another one. An analysis of the bill allows us to conclude that the decision of the voivodship governor, to the extent to which the case will be decided upon the judgment of the court of general jurisdiction, will cease to have effect. The author argues that in order to ensure greater legal certainty it could be advisable to regulate expressly the mutual relationship between the administrative and civil law procedures and the decisions issued in the course of each of them.
4
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Projekt stanowiska Sejmu w sprawie o sygn. akt K 45/16

94%
Herbet A.
Zeszyty Prawnicze BAS
|
2017
|
issue 3(55)
239-274
EN
In the Sejm’s draft position, concerning the application of the National Council of Agricultural Chambers, the author claims that rules of the Hunting Law, so far as they do not provide obligatory permit from a farmer – who is an owner of land included in a hunting zone – to lease that land forming a hunting district, are compatible with the Constitution. However, provisions regarding compensations for hunting damages are considered unconstitutional.
5
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The Game Shooting District Lease Contract. Selected Issues

60%
Karpiuk N.
Studia Iuridica Lublinensia
|
2019
|
vol. 28
|
issue 4
EN
The game shooting district lease contract is one of the instruments for environmental protection. As part of leased hunting districts, hunting clubs are obliged to conduct hunting economy. The structure of the provisions regulating the institution of the lease of hunting districts causes that doctrine and jurisprudence still have not developed a uniform concept regarding its legal nature.
PL
Umowa dzierżawy obwodu łowieckiego jest jednym z instrumentów ochrony środowiska. W ramach dzierżawionych obwodów łowieckich koła łowieckie są zobowiązane do prowadzenia gospodarki łowieckiej. Konstrukcja przepisów normujących instytucję umowy dzierżawy obwodów łowieckich powoduje, że w doktrynie i judykaturze nadal nie wypracowano jednolitej koncepcji w przedmiocie jej charakteru prawnego.
6

Prawo łowieckie jako instrument realizujący konstytucyjny obowiązek zapewnienia bezpieczeństwa ekologicznego

60%
Kępa P.
Studia Iuridica
|
2016
|
vol. 66
125-133
PL
The study contains the results of analysis of the Polish constitutional regulations in a scope of the environmental protection. Main thesis of the paper concerns a substantial role of the hunting law in realization of the environmental safety. At the beginning of paper, author scrutinized main terms, which influence legal definition of the term “ecological safety”. In the second part of the paper author described the polish hunting law regulations and its role in implementing the concept of the environmental safety. In the last part, author summarized and proved that polish hunting law regulations are in accordance with the constitution rule of the ecological safety and that it supports implementation of this rule.
7
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Prawo łowieckie jako instrument realizujący konstytucyjny obowiązek zapewnienia bezpieczeństwa ekologicznego

60%
Kępa P.
Studia Iuridica
|
2016
|
vol. 66
125-133
PL
The study contains the results of analysis of the Polish constitutional regulations in a scope of the environmental protection. Main thesis of the paper concerns a substantial role of the hunting law in realization of the environmental safety. At the beginning of paper, author scrutinized main terms, which influence legal definition of the term “ecological safety”. In the second part of the paper author described the polish hunting law regulations and its role in implementing the concept of the environmental safety. In the last part, author summarized and proved that polish hunting law regulations are in accordance with the constitution rule of the ecological safety and that it supports implementation of this rule.
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