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EN
The aim of this article is to present the researches concerning verification of the control processes in company management on capital market. In the first part of the article theoretical aspects about control processes in company were presented. In the second part researches concerning the control processes in stock management in cement industry company. In the end of the article economical factors which influance on rational stock economy in researches subjects.
EN
Definitions of drug offences must remain in agreement with the principle of nullumcrimen sine lege certa, which demands a precise definition of the subject of thesecrimes, namely illegal psychoactive substances. A basic legislative technique in thisregard is the creation of lists of controlled substances determined by annexes to theappropriate legal acts. Their advantage is precision, but the undoubted disadvantageis low elasticity. In the case of the appearance of a new psychoactive substance, itremains legal until it has been placed onto the appropriate list. This did not have muchsignificance when the market was dominated by well-known substances of natural orpolysynthetic character, and the appearance of new substances was rare. Already inthe 1970s, however, the phenomenon of purely synthetic substances began: so-calleddesigner drugs. They were often primarily created to avoid the existing system ofcontrol: sometimes small changes in the molecular chain of an illegal substance yieldeda new substance of similar psychoactive qualities that did not come under scrutiny.This phenomenon accelerated significantly in the 1990s. The phenomenon of so-callednew psychoactive substances (NPS) became a serious problem, specifically when theybegan to be offered for sale on a wider scale in special shops (so-called smart shops),or on the Internet as a legal equivalent of an illegal narcotic (so-called legal highs). Therace between legislators and chemists “inventing” more and more substances entereda new phase at that time.The answer for legislators in many countries of the world was so-called genericdefinitions, or analogue definitions, under which whole groups of substances cameunder control. However, in many countries these raise constitutional objections, due totheir partially-determined character. This is why the dominant method is still makinglists, which requires the phenomenon of ceaseless revision. Accompanying this isthe problem of evaluating the legitimacy of dispersing controls on new psychotropicsubstances that are provided for illegal narcotics. New psychoactive substances are mostoften poorly understood during the moment when a decision is being made about theirillegalisation: not much is clear about their psychoactive qualities, their potential tocause addiction (dependence potential), their acute toxicity, nor their chronic toxicity.This raises questions about the criteria used for making decisions about illegalisation:are these decisions based in reality on scientific evidence (evidence-based decisions), orare they also taken based on a precautionary principle. In the latter case, banning themis essentially of a political nature and is being done just in case.An example of a formalised procedure of risk assessment linked to new psychoactivesubstances is the European early warning system carried out under the supervision of the European Monitoring Centre for Drugs and Drug Addition (EMCDDA). Therisk evaluation procedure begins with a technical report prepared by EMCDDA andEuropol, who must provide all scientific information on the subject of the givensubstance. A proper evaluation is performed by a broad scientific committee of theEMCDDA. In its report, the committee presents only the facts. On their basis, a finaldecision is taken by the European Commission. If they decide on the control option,member countries are obliged to add the substance to their national lists of controllednarcotics. Since the number of new psychoactive substances appearing in recent years hasrisen dramatically, this system has begun to reach the limits of its efficiency. Due tothis, even during the previous term of the European Parliament, work had begun ona new directive about the issue, the draft of which proposed abandoning the system ofdichotomous treatment of psychoactive substances as either illegal narcotics or as legalsubstances. It is to be replaced with a tripartite separation of psychoactive substancesinto those which present a low risk to health, society and safety (not subject to anylimiting measures), moderate risk (subject to bans on them entering the market, butnot controlled for research, medical or veterinary goals), and high risk (subject tocontrols designed for narcotics).The problem of new psychoactive substances, so-called legal highs, appeared inPoland on a wider scale around 2007-2008. The initial reaction of the legislature wasof a standard character and consisted of extending the lists of controlled substances.This was done in March 2009, June 2010, and April 2011. It was only in October 2010that new control mechanisms were introduced. Due to the concept of substitute drugs,“legal highs” were put under administrative controls differing from the control systemfor intoxicating agents and psychotropic substances. Eventually in July 2015, anotheramendment to legislation on the prevention of drug addiction, on the one hand,extended the list of intoxicating agents and psychotropic substances by another 114substances (consequently, the lists used in Poland now included 428 substances). Onthe other hand, it expanded new forms of control for these substances. Within thisframework, the Ministry of Health introduced a list of new psychoactive substancesin an annex to the regulations, which eases and speeds up the process of addingamendments. Sanctions associated with the illegal turnover of these substances havean administrative rather than criminal character and do not affect normal possession.Despite attempts to find an indirect way, the consequences of Polish politicstowards legal highs are quite paradoxical. Twice after extending the list of controlledsubstances (in June 2010 and July 2015), an increase appeared (a dramatic one in July2015) of poisoning attributed to legal highs. This was certainly a result of the marketreacting to illegalisation. It was due to the replacement of these newly-illegal substanceswith something often markedly more harmful.
PL
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EN
A crucial element of the mechanism to prevent corruption in public administration is the explicit procedure of reacting to corruption events, regardless of whether it is based on ISO procedures or if it results from another system of legal solutions. The statutory anti-corruption solutions introduced in public institutions in the form of management control involve the staff abiding by ethical values, and they serve to improve the transparency, legal conduct, and ethics in the operations of a public administration office. The results of empirical research confirm that the implemented management control procedures form integral parts of the anti-corruption system in public entities.
EN
The paper examines the role of the court in preliminary proceedings in the light of the Code of Criminal Procedure. The author carries out a historical-legal analysis of the impact the court has had on preliminary proceedings and discusses the functions currently assigned to it by the legislator at this particular stage of the criminal procedure. She concludes that the applicable Code of Criminal Procedure indicates the adoption of a “control-based” model of the court’s impact on preliminary proceedings.
EN
This brief paper constitutes a critical evaluation of the silent PP-hypothesis of Hornstein and Polinsky (2010), a key element in their accounting for the bleeding of the Minimal Link Condition in a movement-based account of Subject Control across an object. It appears that while their evidence for the presence of the silent PP in constructions with the verb promise in English is well motivated, such an assumption cannot be adopted for Polish, a language where the indirect object of subject control verbs and control shift verbs is not found within a PP and can even appear in a structural case (Accusative). Thus from the perspective of comparative studies the inadequacy of the silent PP-hypothesis is a considerable problem for the movement-based approach to control. Yet, as a brief survey of other current solutions to the MLC problem with promise shows, no alternative proposal is free from serious limitations of its own.
EN
Within the existing model of control in local government, the domineering position was held by a legislative and controlling body, realising its controlling functions mainly through an audit commission, other commissions and in pleno. Its control extended over the activity of the executive body, local government organisational units, and – within a municipality – auxiliary units. Within this model, a councillor did not have any statutory individual controlling competences. The Bill on Amending Certain Acts in Order to Increase the Participation of Citizens in the Process of Electing, Functioning and Controlling Certain Public Bodies (print no. 2001 of 10 November 2017; www.sejm.gov.pl) has given the councillors aset of competences in the area of controlling, which cannot be subject to clear assessment. Without any doubt, a positive aspect is giving the councillors the right to make major parliamentary questions and queries, which until now has only been granted in the bylaws of local governments. However, granting the councillors individual controlling rights shall be deemed negative. The basic drawbacks of this solution give us the basis to conclude that they will not have a negative impact on the image of a councillor as a member of a legislative and controlling body, and – in consequence – on the image of the local government among local communities.
EN
The article emphasizes the importance of a properly executed audit from the perspective of the duties carried out by local governments. The key considerations in the article include selected theoretical issues in the audit functions in contemporary organisations. These theoretical considerations allowed for the creation of an audit performance indicator for a particular local government. The author of the analysis used the participant observation method. The analysis revealed a range of audit irregularities which had a negative influence on the local government’s performance of its duties for residents. The article provides solutions for improving the effectiveness and efficiency of audits, particularly with respect to the Revision Committee.
EN
The purpose of the investigation was to establish the relationship between beliefs about pain control and pain coping strategies and predictors of pain coping strategies. 103 patients with rheumatoid arthritis participated in the study – 59 were women, 43 men. The mean of age was 38.1. Beliefs about Pain Control (BPCQ) prepared by Skevington and Pain Coping Strategies Questionnaire developed by Rosenstiel and Keefe were used in the study. The results indicated on the differentiation in choice of pain coping strategies dependently from beliefs about pain control and revealed predictors for two pain coping strategies. Predictor of diverting attention appeared internal control and predictors of catastrophizing appeared all three kinds of pain control.
EN
The subject matter of control and supervision of universities, after law changes at 1 October 2011 r., that is the date of come into force a new law, has been extensively changed. Control and supervision made by appropriate minister and other different subject, for example: university authorities, government bodies, Top Control Chamber, Commissioner for Civil Rights, courts, contributes to regulations changing and creating legal regulations concerning system and functioning of universities. Ensuring balance between this regulations changes and university autonomy underlying reason for changing views about universities as an administrative institutions.
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Partial Control is Trickier Than We Thought

80%
EN
This paper discusses partial control, a notoriously intricate phenomenon. Brought to the linguistic limelight only recently (cf. Landau 2000), its bizarre nature renders it a real challenge to any theory of control. I contribute to the Agree vs. Move debate on control by making an empirical claim concerning cases of what I call Parasitic Partial Control Effects which are extremely problematic to Landau's Agree Theory of Control. To account for these facts, I propose a solution framed within the theory of control based on Move. Refining insights in Rodrigues (2007), I suggest that the licensing of the PC effect depends on the presence of the projection of woll P dominated by TP in the structure of the infinitive and the sideward movement of the DP controller from within the adjunct to the matrix. Thus, Landau's claim that partial control is licensed only in complements must be loosened (if not dropped).
EN
IT systems are seen as invaluable support to financial and accounting specialists, however, many enterprises are unable to use their analytical potential. The paper validates a positive contribution of the systems to the effectiveness of management control in small and medium-sized companies. The research included 129 Polish SMEs. Even though IT systems of ERP and BI classes were not commonly available (they were used by 18.6% of SMEs), it was observed that financial and management accounting received adequate IT support (in 58.1% of cases). Furthermore, sales and customer service were seen as domains were ITS contributed the most to the business. Finally of 51 SMEs which had no access to advanced software, only 7 found that situation negative.
EN
Since 1 January 2010, management control has been functioning in the units of the public finance sector as it has replaced the previously applied financial control. The assumption of management control was to support the achievement of the objectives and performance of tasks carried out by public entities in Poland and consequently to facilitate the process of managing them. As practice shows, some entities have failed to develop an adequate system of action that would allow making a good use of this tool. Thus, the purpose of this article is to present a practical approach to the deployment and implementation of a management control system in a local government unit and indicate substantive gaps that remain. The article presents an exemplary solution of the deployment and implementation of a management control system operating in one of the district offices in Poland. The article also presents implications resulting from the functioning of this system and gives a critical approach to the subject matter, pointing out shortcomings in the functioning of management control in a public entity.
13
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O medzere v zodpovednosti za autonómne smrtiace roboty

80%
EN
One of the primary ethical concerns raised by the prospect of using military autonomous killer robots is the question of the moral responsibility for their use. Robert Sparrow argues that military robots fitted up with the ability to learn would be so independent and self-contained that they would allow human actors to deny responsibility for their use, creating a situation that Andreas Matthias called a “responsibility gap.” A responsibility gap occurs in situations where no one is responsible for the actions of autonomous learning robots. This situation results from the inability of people to fully control and predict the actions of these technologies. In the article, I argue that this conclusion is not a correct one because autonomous technologies do not mitigate people of responsibility for the consequences of using them. Control and predictability are not inevitable prerequisites for attributing responsibility. Given the risks that the use of such weapons presents, those who create or use these weapons are morally responsible for the weapons’ actions. Even though the deployment of autonomous lethal weapons might not be a good idea, the “responsibility gap” does not by itself make them immoral.
EN
The article is connected with the problem of personal teacher’s and student’s competence, resp. saturation of need for competence, which reflects our desire to sense that our activity, abilities and effort are crucial for our impression that we influence our environment, for our feeling that we are respectable people. We are interested mainly in the problem of perceived control in the context of specific scenario teacher-student.
EN
The purpose of this paper is to characterize judicial control over the activities of law-enforcement agencies in Ukraine. The author attempts to define its concept and features; he determines its subtypes, the subject, forms of implementation, special features, and peculiarities as one of the forms of state control. Judicial control is carried out during the implementation of the judicial power. The subject of judicial control over the law-enforcement agencies is their professional activity, namely the legality and validity of their use of coercive measures, the imposition of administrative penalties, making administrative or procedural decisions, conducting some law-enforcement actions (arrest, search, seizure, wire-tapping, etc.). The author notes that the most common form of judicial control over the activities of law-enforcement agencies is verification of legality and validity of their actions (inactivity) and decisions. The paper provides a definition of direct and indirect judicial control over the activities of law-enforcement agencies. The author emphasizes that direct control involves direct intervention in the operational activities of the controlled entity, and indirect is implemented during the rulings. As the subjects of control over the activities of law-enforcement agencies the courts, for example, verify the legality and validity of the decisions of law-enforcement agencies and their respective officers, some law-enforcement activities carried out by them, authorize permissions to arrest, search, seizure, interrogation, carrying out some investigative activities, examine complaints of citizens, consider different investigator’s versions, decide on the case, which may change or cancel previous decisions of a law-enforcement body, initiate control actions by other entities; implement legal sanctions. The author suggests defining judicial control as the implementation by the courts (judges) controlling actions of preventive, coercive and law-restoring nature in order to ensure the legality and validity of the decisions and actions of law-enforcement agencies and their personnel.
EN
Phenomenon of a stage freight – no matter how we define it – is a common problem also experienced by preachers. Specific features of preachers’ stage freight is related to its theological connotations. Its source, most of all, is an awareness of the duty to preach the Gospel and priestly responsibility for the Word of God mixed with anxiety of being unworthy of the mission bestowed upon them and an ordinary human fear of failure and embarrassment. Since the sources of preachers’ stage freight are of a theological character, it is also mainly a supernatural level on which it should be dealt with - through prayer, development of a preacher’s spiritual life, openness to the Holy Spirit as well as a constant care of a proper, preliminary and final, preparation for preaching. When it comes to an anthropological dimension it is important for a preacher to develop an internal balance between an emotional tension and a thoughtful assessment of one’s abilities – through affecting a psychic and somatic sphere by an autosuggestion and relaxation techniques. Nevertheless a preacher should remember that a moderate stage freight is almost a necessary phenomenon, since an optimal level of a psychic tension (for a specific person) is good for one’s readiness. After all, what kind of a preacher it would be, if he lacked passion and involvement while preaching!
17
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Content available

Putting Dawn Raids under Control

80%
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2020
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vol. 13
|
issue 22
145-168
FR
« Dawn raids » sont devenus un moyen efficace de faire respecter le droit européen et national de la concurrence. Le contrôle judiciaire est un mécanisme essential de contrôle du pouvoir exécutif contre d’éventuels abus de ce pouvoir. Toutefois, ce contrôle judiciaire a montré ses limites ; il ne garantit pas toujours une reparation adéquate pour les parties concernées. Comment résoudre le problème du contrôle judiciaire limité pour assurer le contrôle des « dawn raids »? Cet article avance que les limites du contrôle juridictionnel pourraient être résolues en étendant les types de contrôle sur cette action, c’est-à-dire les orientations législatives ex ante et la responsabilité interne des administrateurs. Ainsi, la thèse plus conceptuelle de l’article est qu’il est essentiel de chercher des liens entre les différents concepts et types de contrôles pour garantir un système complet et efficace de contrôle des actions du pouvoir exécutif.
EN
Dawn raids have become an effective tool to enforce EU and national competition laws. Judicial review is an essential mechanism of control over the executive branch against possible misuse of this power. However, this judicial review has shown to have limits; it cannot always guarantee an adequate redress for the affected parties. How to address the limited judicial review to ensure control over dawn raids? This article argues that the limits of judicial review could be addressed by extending the types of controls over this action, i.e. ex ante legislative guidance and internal managerial accountability. The more conceptual argument that this paper puts forward is thus that it is essential to seek connections between different concepts and types of controls to ensure a comprehensive/water-tight system of controls over the actions of the executive branch.
EN
The article presents an analysis of the thesis on the existence of a system of controlling public procurements concerning services of the construction of sea shore protection structures. It reviews the audit of such public procurement carried out by the various inspection bodies and different methods of control. The first part of the study contains the characteristics of inspection bodies which carried out audits of public procurement contracts and whose subject matter was sea shore protection structures. It is also indicated that although indirectly, tax revenue agencies, administrative courts and the Ombudsman play an important role in the system. For the purposes of moving on to the discussion of particular types of inspections carried out by various public bodies and courts. In the article, certain works consisting in strengthening the sea shore have been assigned to the category of hydrotechnical structures, which allowed to move on to the discussion of particular types of inspections carried out by various public bodies and courts and to cite conclusions formulated on their basis. The concept of “coastal protection of the marine environment,” which underpinned the adoption of the resolution of the Supreme Administrative Court of 11 December 2017, ref. I FPS 2/17 was also analysed in detail. In this resolution the position of the authoress of this article, expressed earlier in the commentary to the judgment of the Supreme Administrative Court of 14 April 2015, ref. I FSK 1493/14 and published in “Studia Prawa Publicznego” 2016, no. 1 was shared. The conclusion of the deliberations is that the system for controlling public procurements of services related to maritime coast protection is not coherent and mutually supportive. The results of the study show that many activities under this system relating to coastal protection were subject to control by many different authorities, leading in consequence to different conclusions.
EN
Latin nonfinite structures with nonovert subjects exhibit puzzling properties with regard to the case- and ϕ-features of their subjects and their relationship to overt NPs in matrix clauses. While the transmission of case- and ϕ-feature related properties is obligatory when there is a nominative or accusative controller NP, it is only ϕ-feature transmission that remains obligatory when there is a dative controller, case transmission being apparently optional. To avoid an assumption of syntactic optionality, accounts of the phenomenon which rely on syntactic mechanisms propose that the apparent optionality reflects a syntactic difference between two types of nonfinite structures. It is instead proposed that mechanisms of linking of objects via Agree and ϕ-feature and case transmission should be assigned to different components of the grammar, syntax and morphology. The hypothesis allows a unified treatment of the syntactic phenomenon of control in Latin.
EN
This is a review of Jamie Woodcock’s study of the call centre as a workplace, Working the Phones. The text discusses the methodology of co-research and the results of Woodcock’s engagement with forms of control and resistance in call centres.
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