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EN
Present times are filled with a great number of incidents of a different nature because the 21st century is a time of significant transformation and progress in various areas of human life. In connection with the growing number of social and public threats, the importance of education for security is increasing, which is of particular significance when developing proper attitudes and values and for gaining knowledge and skills in the field of counteracting different threats. It is one of the fundamental methods of providing security and managing difficult or conflict situations. Education in security is of special importance in the work of law enforcement officers. Its content may considerably help when counteracting threats, and on the other hand, it may make law enforcers realise their potential as well as features of their personality. This education does not only mean transferring knowledge or developing skills, but also stimulating creativity in the work of law enforcers who are responsible for public safety. In the author’s opinion, thanks to education in security it is possible to create numerous personality attributes for officers, especially those of the human psyche (thinking) and mind (the state of self-consciousness, rationalism, empiricism, values, norms, moral and ethical problems). The author thinks that all the education and upbringing processes are possible when predispositions develop, which in turn are originally of an inborn and genetic structures status. A personality model of a law enforcer derived from the bicultural theory of a human being ought to be the basis of education for security which calls for an original paradigm for educating and upbringing. In the new paradigm, the role of public safety officers increases significantly because of high intellectual, moral and ethical expectations.
EN
The article provides an analysis of the European family as a community that combines private order with public order. The time frame of the analysis comprises the last five decades and shows the mutual relations of the two orders in a process of continuity and change. The first part presents the exogenous conditions of family change such as: macroeconomics, social policy systems in European countries, selected ideologies. Their impact on the following factors is discussed: patterns of family formation, models of family organization, division of roles and the character of bonds within the family, the attitude of Europeans to the persistence of the family, its breakup and reconstruction, which essentially changes the paradigm – relevant for centuries of the human culture – of thinking about the family as a community that co-creates public order. This change of paradigm has led in many countries to a privatization of the family. The next part expands on the character of changes in defining the family in Europe. An analysis of the basic laws of the EU member states is undertaken from the perspective of a deficit/presence of different contexts in which the family is perceived in the normative order. This analysis is complemented by a review of the basic normative acts of the EU, indicating a lack of reference to the family in EU policy. The stance of the Catholic Church is also discussed as it continues to remain the most consistent institution in protecting the traditional family system and its presence in the public and political order of the state. The third part presents the types of relations between the family and the public sphere in the political order of states in contemporary Europe. Areas of the tasks and functions of the family which are co-responsible for the current social and political order in our region are identified vis-à-vis a changing work world, the realities of the effectiveness of the social state and the transformations of mass culture.
EN
As a uniformed and armed force, whose mission it is to serve and protect both people’s safety and public order, the police have been established on the basis of the 6 April 1990 Police Act. The basic police responsibilities cover protection of health, life and property against unlawful attacks, protection of public order and safety — including assurance of peace in public places and on public transport, investigation of crime, prosecution of offenders, and finally counter-terrorist activity. In addition, police are obliged to initiate and organize activities designed to prevent crime, minor offences and criminogenic phenomena. The list of police tasks is steadily getting longer and longer and it seems that this upward trend will continue in the years to come. This makes it necessary to implement legal and organizational solutions with a view to enhancing the effectiveness of policing — on the one hand measured by a systematic search for increasingly rational procedures, and on the other one by a decreasing number of illegal activities undertaken by the criminal underworld due to their awareness of the risk of being detected and the certainty of punishment. A good way of improving police performance is to precisely determine the tasks carried out as part of preventive action as well as decisive action aimed at elimination of identified threats or their consequences.
EN
The purpose of this research is to indicate the legal aspects of protection and control of the state`s strategic resources accumulated in commercial companies which are significant for public order and national security. The normative acts of the European Union, implemented to Polish law, defined it as Critical Infrastructure. These include such sectors as information and communications technologies, ener-gy and transport systems, generating and transmission systems in power plants, systems of production, processing, storage and transportation of energy resources, including oil and gas.
EN
Presented article illustrates the role and responsibilities arising from the regulations of the Polish Police on internal security. The analysis of legal - administrative presents a wide range of powers and co-operation in the detection and combat all threats to the plane of the entire system of state security.
EN
The article presents the statements of the police chiefs from the last twenty-eight years, i.e. from the moment of police establishment in 1990 to 2018. At that time, sixteen senior officers were the chiefs of the Polish police. The subject of the analysis concerns the views of police authority on the functioning and organisation of the police service. The author of the article undertook the effort of presenting the transformation of the Polish police force from the perspective of the opinions of the Police Chief Commanders. He analyzed these opinions critically.
EN
Threats to public order compromise the personal security of the individual, forcing him to take action to improve it, and thus to guarantee it to the closest people. The right to ensure the security of the individual, society is one of the duties of a state whose omission can be considered a violation of human rights. By implementing this obligation, a threat monitoring system was created in Poland – the National Safety Threat Map. It is a tool used by the Police which in 2016 was initially piloted, then already throughout the country introduced this mechanism to monitor and counteract local threats, affecting the safety of residents. This tool uses the Internet as a source of information about threats from citizens. The instruction was issued for both users – citizens, as well as for policemen of users and local administrators, and instructions for proper and reliable implementation. They impose on the Police officers’ specific tasks in the system for the implementation of applications. The work is an attempt to answer the question: What tool is KMZB in the system of monitoring by the state of public security and order? National Map of Security Threats (KMZB) – functions of the National Map of Security Threats in shaping local community safety, constitutes an element of the process of managing the public safety, as well as inspiring the local community in this respect. The Police as the formation serving the society and opened for its needs implemented the additional channel of the information exchange about the most troublesome threats defined on the local level.
EN
This publication describes the importance of the police in internal security system. In the era of modern threats dynamically changing environment police is facing many challenges associated with ensuring public safety. The police not only in an administrative way but especially in the way the military protects public safety when other measures are no longer effective.
EN
At the beginning of her article on administration impact on the order and structure of the public state, the author explains what “public safety” means. Next to foreign policy, internal policy and monetary policy, this is the domain of the country as sovereign organization of society. In Poland the Council of Ministers is the chief body of state administration, which has to ensure internal security of the country and public order. Both of those terms are explained in this article, but it is also noticed, that we use them mostly intuitively, because the legislator doesn’t clear their determination. It also describes how executive authorization administrate public order and security at local level. Despite decentralization of country administration at three levels, voivode is responsible for safety of his region. In this article you may read about his rights and obligations. The authorities of communes also participate in assurance of local safety, by deciding on the assembly, mass events or public collections. It’s worth to notice, that important role at this level of administrations, fill Local Guard, Town Guard or local police stations. The author in this article also describes the part of county authorities in security area. She claims, that legislator wanted to leave most of these types of tasks to government administration emphasizing the cooperation of local authorities of each level, to ensure better system of protection of citizens’ rights.
EN
In Spanish Law, the constitutional public order, ruled by Spanish Constitution and by Spanish Religious Freedom Act, has the consequence that it’s not possible to marry a second marriage if the fi rst one has not been dissolved before, and this is not able to do not even when it there is a religious motivation. So, monogamic marriage is recognized in Spanish Law, both in Civil as in Canonic Law, which Canonic marriage is recognized by Spanish matrimonial system. Th is protection is done by the establishment of prohibitions for contract a new marriage while the fi rst one has not been dissolved, and, also by the crime of bigamy. However, it has been admitted by Spanish Supreme Court, some legal consequences from a polygamic marriage what it could be the way for a further admission of polygamic marriage in the future. Th is work has been done inside the Proyecto I+D+I DER2015-65840-R ‘Diversidad y Convivencia: los derechos humanos como guía de acción’, del Programa Estatal de Investigación, Desarrollo e Innovación orientada a los retos de la sociedad, del Ministerio de Economía y Competitividad.
EN
Operational control is one of the most important powers of the state police services, including, since 2018, the State Protection Service (Służba Ochrony Państwa – SOP). The analysis of the title issue presented in the article leads to the conclusion that the shape of the operational control, which is a novum in the security service, which is the SOP, does not differ from the solutions used in regulating the operational powers of other Polish services, both in terms of the principles and procedure of applying control operational, and the (technical) ways of using this power in practice.
EN
In the paper presented are different solutions applied in administration systems of European countries. Assuming that in European countries the most of worth-mentioning models are applied, from which derives solutions used in non-European countries, presented are the most characteristic of these models, i.e.: English, French and Swiss. Recalled was the history and short description of each of them. The paper also discuss the issue of functions of administration, which protects the public order and collective security. Considering the issue of managing in extraordinary states, the Author attempts to provide definition of this term.
EN
The article is devoted to the problems of the security system, public safety and public order. The article describes the basic issues relating to security analysis, risk assessment methodology. In the second part of the article discusses the types of modern hazards in the community, thereby determining the scope of activities of local administration as their own tasks, carried out independently and on their own responsibility. Summary of the article are conclusions and observations made in the course of analysis and research on the issue of public safety and order at the local government level.
EN
The main aim of this article is an attempt to show preventive actions being undertaken between 1999-2013, due to program Bezpieczne Świętokrzyskie by administrative units of local governments, governments and social organizations to improve security of order and public security in Świętokrzyskie province. Aims of program, field of preventive actions, tasks were analyzed and also subjects that are taking part in implementation were indicated. To fully describe the context of cooperation of different subjects to improve local security first part of the article was aimed to be an attempt of defining place of local government in whole system of public administration and resulting of this tasks among public safety. An overview was made to organize basic conceptions connected with local safety.
EN
The main matter of the philosophy of security concentrates on the difense of the public order. There are much of areas (cosmology, psychology, anthropology, sociology), where the public order needs a defense. Philosophers, in the world history have expressed their minds about the public order analysing the forms of the harmony and the forms of the chaos in their time, and have proposed much forms to securise the public order. A special topic was the chaos resulting from the collision (crash) of diverse orders. The contemporary task of the philosophy of security is to direct our attention to what today is our public order, whose are the dangerous forms of contemporary chaos and which are the protection strategy for our cosmos.
EN
In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.
EN
The author reviews those types of prohibited acts under criminal code and petty offences code which provide for public order protection. This serves as an attempt to prove that a value like public order should rather be protected under petty offences code (or other forms of legal sanctions eg. administrative ones) rather than under criminal law. The scope of criminalisation should not be extended towards criminalisation of acts against public order. This can be summarised in a debate on forms of legal reaction to prohibited acts. The review of the relevant act of law becomes the point of departure to formulate the opinion that public order is a separate object of legal protection. It does not require penal sanctions provided for crimes – in spite of well-established opinions in legal literature that petty offences differ from crimes basically only in the degree of social damage they cause. The author also makes numerous observations of a classical penal reaction indicators which can be described as “punitive type sanctions”. This proves that our times bring an abrupt increase of legal regulations which create norms of public order and prohibit acts of administrative character which do not belong to the area of criminal law and should not require sanctions provided for acts classified as crimes. A thorough examination of types of petty offences made in the article provides a surprising picture of what the legislator included under the sphere of public order. Names of particular divisions of the code are irrelevant here. In the view of the examination of the acts prohibited by petty offences code, public order is recognised by designators, that is objects protected by particular types of acts, regardless of the title of the chapter they were placed in. They include quiet night hours, protection of plants in public green areas, lack of graffiti on buildings, freedom from aggressive prostitution offers, beggary without a substantial cause, lack of soil in public places, conducting a business without registration required by law, registration of place of residence, obeying rules on public roads, freedom from various forms of disturbance of peace and quiet, freedom from infringements of public assembly or no production of skeleton keys and seals or stamps without a licence. There is also a category of bitypical offences that is prohibited acts which are classified as a petty offence or a crime depending on the value of property (eg. theft of an item of values less than PLN 250 is a petty offence, not a crime). In the opinion of the author, if they are classified as petty offences they can also be included in the category of violation of order, although this order has more of a civil that administrative character. Separate comments concern the criteria of classification of petty offences in fiscal penal code.
EN
The purpose of the article is to show how significant it is to ensure safety for persons who collect and give donations during public collections. The analysis of the Act of 14 March 2014 on the Principles of Holding Public Collections (Journal of Laws of 2020, item 1672, consolidated text) leads to a conclusion that the legislator did not refer to this issue in the act in any way. However, undoubtedly, the regulation of the issue is necessary because large sums of money or donations in kind of great value are frequently collected as a result of holding public collections, and the participants are exposed to the loss of their health or even lives. In view of this fact, the author suggests introducing provisions that regulate the issue in line with the provisions included in the Act of 24 July 2015 – the Law on Assemblies (Journal of Laws of 2019, item 631, consolidated text) into the Act on the Principles of Holding Public Collections.
PL
Celem artykułu jest wykazanie, jak istotne znaczenie odgrywa zapewnienie bezpieczeństwa w czasie prowadzenia zbiórek publicznych osobom gromadzącym ofiary oraz przekazującym je. Analiza ustawy z dnia 14 marca 2014 r. o zasadach prowadzenia zbiórek publicznych (Tekst jedn. Dz.U. z 2020 r., poz. 1672) prowadzi do wniosku, że ustawodawca w tym akcie nie odniósł się w żaden sposób do tego zagadnienia. Nie ulega jednak wątpliwości, że uregulowanie tej kwestii jest niezbędne, ponieważ w wyniku przeprowadzenia zbiórek publicznych niejednokrotnie gromadzone są duże sumy pieniędzy czy też dary w naturze o znacznej wartości, a osoby biorące w nich udział są narażone na utratę zdrowia, a nawet życia. Ze względu na to autorka sugeruje wprowadzenie do ustawy o zasadach prowadzenia zbiórek publicznych przepisów regulujących ten problem na wzór rozwiązań zawartych w ustawie z dnia 24 lipca 2015 r. Prawo o zgromadzeniach (Tekst jedn. Dz.U. z 2019 r., poz. 631).
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Public Security and its Contexts

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EN
The considerations presented in this article are based on several assumptions. First of all, the human environment and the set of its elements are constantly changing. In the early periods of evolution and development of humanity, man lived in conditions given by nature itself, no different than in natural conditions. However, even then, he was also exposed to threats, mainly natural, including disasters. Secondly, with the passage of time and development there was a very large population increase, which caused changes in quite primitive interpersonal and social relations. More and more organized communities, states began to emerge. With this development, new threats also appeared. In addition to the natural threats, which were already natural by their very name, the threats of a social nature began to emerge from the natural world around us, characterized by continuous and dynamic changes. Thirdly, man, who wanted to effectively deal with the problems of the threats he faced, created safety systems. One of them is the public security system. Fourthly, in today’s security environment there is a paradox that in practice these systems function, and in theory there is no commonly accepted definition of public security. The circumstances outlined above determined the shape of this article, the essence of which was to work out a compromise definition of public security based on the interpretation of this concept by recognized authorities in the field of law, administration and security.
Cybersecurity and Law
|
2019
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vol. 2
|
issue 2
165-174
EN
Firearms, ammunition, incapacitating sprays, and certain tools and devices with the potential to pose a risk to health or life, may only be possessed with a weapons licence issued by a competent authority. Firearms licences are both issued and revoked as administrative decisions. A revocation decision must meet the general requirements for this type of administrative act, and also specify the applicable legal grounds. When a negative decision is issued, resulting in a right being taken away (such as firearms licence revocation), special consideration should be given to the grounds, making it clear why the authority chose to take such a decision. Pursuant to the generally applicable administrative procedure laws, a statement of factual grounds should, in particular, specify the facts the court considered proven, including the underlying evidence, provide the reasons why the court dismissed other evidence as implausible, and inconclusive, and state the legal reasons for the decision, including references to the relevant laws.
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