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The evolution of the legal regulation of the State Treasury Solicitor's Office in Poland against the Austrian solutions

100%
Mucha-Kujawa J.
Studia Prawnicze
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2012
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issue 4 (192)
29-47
EN
The structure of institutions, representing and defending state property in the course of civil law is important theoretical and practical, because it substantially determines the role of property in society and its impact on the functioning of the state in the economic sphere. The purpose of this article is to present the legal structure of State Treasury Solicitors’ Office, in Poland against the solutions adopted in Austrian law, which first introduced the institution of Financial Prosecutor, to protect the financial interests of the state. By comparing the structure of the State Treasury Solicitors’ Office with the objectives, tasks and functions of the Prosecutor Financial in Austria will be highlighted key features of the current institution in Poland. In comparison with the Austrian and Polish pre-war construction of the State Treasury Solicitors’ Office, the present institution is its narrow form. It only protects the rights and interests of the narrow sense (meaning) of the State Treasury, because due to subjective and objective limitations (e.g. it does not include inventoried state property or features that should meet to represent the interests of the state / advice, opinions, etc. /) defends the small part of rights and interests of the state.
2
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The place of animals in the legal system based on the Hunting Law: Legal and humane aspects

100%
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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The Public Sector of Mixed Economy in the Modern World

88%
Bogolib T. M.
Equilibrium. Quarterly Journal of Economics and Economic Policy
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2013
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vol. 8
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issue 1
126-137
EN
The article examines the processes of rapid development of economic systems of a new type, including mixed economy, shows competitive institutions of the mixed economy, and illustrates the significance of the public sector for the development of the national economy.
4
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Kształtowanie się pojęcia mienia komunalnego samorządu terytorialnego stopnia podstawowego

63%
Czechowski P.
Studia Iuridica
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2020
|
vol. 85
26-39
PL
The article presents the genesis and evolution of shaping the institution of municipal property of local government. The shaping of the legal institution of municipal property was presented against the background of the systemic change as a result of the changes and reforms initiated as a result of the 1989 ‘round table’, which also defined the principles of building a new local government system based on the legal and systemic model of European local self-government (municipal ) and its guiding principles. As a result of the introduced statutory regulations, in 1990, the first degree of local self-government was introduced, equipping communes (cities) and their associations as well as established legal entities with communal property. It should be mentioned that the acquisition of communal property, apart from the civil legal nature, also had a significant systemic significance guaranteeing the local government political, political and economic independence. The work presents the legal status of communal property, the procedure for its acquisition and the procedure of enfranchisement of communal entities under the first degree of local authority.
5
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Szczególne obowiązki umowne nabywcy nieruchomości z Zasobu Własności Rolnej Skarbu Państwa

63%
Michałowski R.
Studia Iuridica
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2018
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vol. 78
315-332
PL
The Act on Management of Agricultural Property Stock of the State Treasury contains a regulation on contractual obligations imposed on the purchaser of an agricultural property acquired from the Agricultural Property Stock of the State Treasury. These obligations are not imposed on the purchaser by operation of law, however, there is a requirement that they have to be included, in certain cases of acquisition detailed in the provisions of the Act, in the content of the real estate sales agreement. The sales agreement has to stipulate that the purchaser is prohibited from selling the real estate for a period of 15 years from its acquisition; the purchaser is obliged to conduct agricultural activity on the purchased property; and that during this period, the purchaser may not encumber the property with any mortgage. Any violation of the aforementioned stipulations shall result in the purchaser’s obligation to pay an amount equal to 40% of the property’s sale price. In addition, the legislator has introduced the obligation to pay this amount in the event that the purchaser makes any false statement or representation as to the origin of the funds allocated to the purchase of the real estate. The provisions relating to the issues raised in the article cause a number of interpretative doubts as to their correct understanding. In particular, this applies to the legal nature of the obligation to pay an amount equal to 40% of the price of the purchased real estate property.
6
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Funkcjonowanie klubu sportowego pod reżimem ustawy o zasadach zarządzania mieniem państwowym

63%
Dróżdż M.
Przegląd Ustawodawstwa Gospodarczego
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2020
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issue 7
27-32
EN
The article describes the most important, according to the author, the provisions of the Act of 16.12.2016 on the principles of managing state property in the field of functioning of sports club - joint-stock company. This Act introduces primarily three variants of supervision: obtaining the consent of the general meeting of the shareholders for specific legal actions, obtaining the consent of the supervisory body for specific legal actions, as well as determining the rules for the disposal of fixed assets by applying the tender procedure and exceptions to the obligation to apply it. In a specific situation, that duties must be used by sports clubs which operate in the form of joint-stock company. The purpose of the article is also to clarify the doubts related to these provisions.
PL
Artykuł opisuje najważniejsze, zdaniem autora, przepisy ustawy z 16.12.2016 r. o zasadach zarządzania mieniem państwowym w zakresie funkcjonowania klubu sportowego - spółki akcyjnej. Ustawa ta wprowadza przede wszystkim trzy warianty nadzoru: uzyskanie zgody walnego zgromadzenia na dokonanie określonych czynności prawnych, uzyskanie zgody organu nadzorczego na dokonanie określonych czynności prawnych, jak też określenie zasad zbywania składników aktywów trwałych przez zastosowanie trybu przetargu oraz wyjątki od obowiązku jego zastosowania. W określonej sytuacji obowiązki te muszą być stosowane przez kluby sportowe, funkcjonujące np. w formie spółki akcyjnej. Celem artykułu jest także wyjaśnienie wątpliwości, jakie wiążą się z przedmiotowymi przepisami.
7
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Wpływ nowych zasad zarządzania mieniem państwowym na kształt rady nadzorczej i zarządu spółki komunalnej

51%
Stec M.
Przegląd Prawa i Administracji
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2018
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vol. 114
371-385
EN
The act on the management of the state property adopted in 2016 significantly transformed the entire system of management of state property, including its functional and structural-organisational aspects. As part of this reform, some provisions of the municipal economy act were also amended, which is understandable given affiliation of both types of property (state and municipal) to one category of public property. This article answers the question — what are the consequences for the self-government sector and economic agents operating within it (entrepreneurs acting on the basis of municipal property) of the changes made relating to the status, composition, appointment and operation of the supervisory board and board of directors of municipal company.
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