CNS Czasopisma Naukowe w Sieci
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„Nowi” i „starzy” w Urzędzie Ochrony Państwa. Część I: ciągłość i zmiana kadr w świetle analizy jakościowej
No full textThe Office of State Protection (1990–2002), the first and, at the time, most significant intelligence service of the Third Polish Republic, remains a controversial institution among certain segments of the public. Arguably, the most important aspect of these controversies concerns continuity and change in terms of personnel. There is a widespread view that, after 1989, it was both justified and feasible to implement the so-called „zero option” within the Polish intelligence services or, at the very least, to intensify hiring efforts and expedite the removal of former Security Service officers from their ranks. In this article, which constitutes the first part of a two-part study, I conduct a qualitative analysis of the Office’s personnel reshuffles, examining its workforce as a whole. I highlight the significant staff turnover resulting from ongoing political disputes and struggles related to the institution’s post-communist origins. Additionally, I present the challenges related to hiring new personnel and demonstrate how the intensification of political rivalry has negatively impacted the stability of the service responsible for Poland’s internal and external security
Ustawa z dnia 23 lutego 1991 roku o uznaniu za nieważne orzeczeń wydanych wobec osób represjonowanych za działalność na rzecz niepodległego bytu Państwa Polskiego jako sposób na rehabilitację osób represjonowanych
No full textThis article analyses the Act of 23 February 1991 on declaring void judgments issued against persons repressed for their activities on behalf of the independent existence of the Polish State as part of the process of settling accounts with the past political system after 1989. Poland’s systemic transformation maintained legal continuity, which placed responsibility on the state to redress the wrongs inflicted upon citizens by the Stalinist apparatus of oppression. Existing procedures, such as the resumption of proceedings, proved insufficient as they were limited to cases where the law of that time had been violated. Consequently, there was a need to create a new, general legal act that would introduce the institution of voiding judgments.
The main objective of this work is to analyse the assumptions, mechanisms, and legal effects of the February Act as a tool for the rehabilitation of repressed individuals. The article aims to answer questions about how the act resolved legislative dilemmas, such as the choice between substantive review and ex tunc nullification of judgments, and between automatic ex lege nullification and entrusting this competence to the courts. Additionally, the article examines the practical aspects of rehabilitation procedures, including compensation and redress. The analysis is based on the dogmatic-legal method, utilising the provisions of the February Act itself, as well as the extensive jurisprudence of the Supreme Court and appellate courts. The work also considers key judgments that were of fundamental importance for establishing the principles for granting compensation and redress. The research method involves the interpretation and systematisation of legal norms, as well as an analysis of their practical application in rehabilitation cases.
Due to evidentiary difficulties, the legislator opted for the concept of ex tunc nullification of judgments, meaning that repressive judgments are deemed void from the moment they were issued. The power to declare a judgment void was entrusted to the courts to prevent the automatic nullification of judgments issued against common criminals. The rehabilitation procedure, which includes two stages—nullifying the judgment and awarding compensation or redress—is a distinct type of proceeding. Declaring a judgment void requires proving a link between the repression and activities on behalf of the independent existence of the Polish State, which is the highest form of rehabilitation. Jurisprudence has precisely defined which actions fall under this criterion and which are excluded. Despite initial imperfections, the 1991 Act proved to be a key legal instrument that enabled the settling of accounts with the previous system and provided redress for victims of political repression. It introduced the institution of voiding judgments, which was a more effective means of rehabilitation than previously existing procedures. Although complex, the rehabilitation proceedings created a legal mechanism for restoring dignity and providing redress to individuals who suffered for their struggle for Poland’s sovereignty. The jurisprudence of the courts has significantly shaped the practice of applying the act, clarifying the principles and criteria, which has contributed to fair and full compensation
Psychika sędziego zależnego. Uwagi o etycznym statusie sędziów w autorytarnej Polsce (1929–1939)
No full textThe study advances the thesis that a correlation existed between two phenomena: the establishment of an authoritarian political system in interwar Poland and the emergence of a specific psychological disposition among judges of that period, referred to—following Aleksander Mogilnicki— as the “mentality of the dependent judge.” The research aimed to determine the nature of this relationship in both quantitative and qualitative dimensions. The analysis encompassed both the normative and practical factors that defined the ethical status of judges in authoritarian Poland between 1929 and 1939. The findings indicate that the prevailing conditions produced two typical, dominant, and co-occurring attitudes among judges. The first was passivity and withdrawal; the second—activity combined with an affirmation of authoritarianism. It was established that the judge’s psychological dependence within an authoritarian system constituted an objective condition resulting from external factors that could not be resisted without jeopardizing one’s professional career. In line with Mogilnicki’s view, it was further acknowledged that such psychological dependence could manifest in an atypical form—through a breach of the duty of impartiality motivated by a desire to demonstrate independence
Myśl Jana Stachniuka jako nacjonalistyczna alternatywa dla ideologii młodej generacji ruchu narodowego
No full textJan Stachniuk’s idea took a form of an attack on the economic and social concepts of the younger generation of the national movement and the system of values espoused by these circles. Stachniuk proposed intensifying the development of the domestic economy, on the assumption that the expansion of industry and the maximum intensification of the entire economy were the only guarantees for preserving the independence of a country caught between the two imperialisms of Germany and Soviet Russia. According to him, achieving this goal also required reconstructing the entire Polish spiritual culture, which differed from the cultures of the developed capitalist countries. To this end, Stachniuk organised a group of activists and publicists who, in the final years before the war, published the monthly magazine ‘Zadruga– the periodical of Polish nationalists’. After the war, he was sentenced to fifteen years’ imprisonment by the communist regime
Trybunał Specjalny ds. Zbrodni Agresji przeciwko Ukrainie
No full textThe purpose of this study is to analyze the Agreement on the Establishment of the Special Tribunal for Crimes of Aggression against Ukraine, signed on June 25, 2025, in Strasbourg by the President of Ukraine, Volodymyr Zelensky, and the Secretary General of the Council of Europe, Alain Berset, and the solutions adopted at that time. It is worth examining the provisions of the attached Statute of the Special Tribunal, particularly from the broader perspective of international criminal justice
Polemika Władimira W. Łaptiewa i Olimpiada S. Joffego (1959) – zawiązanie sporu o prawo gospodarcze w powojennej nauce radzieckiej
No full text In 1959, two works by Soviet scholars were published, presenting opposing views on the legitimacy of distinguishing economic law as an independent branch within the legal system. In the article On Soviet Economic Law, Vladimir V. Laptev asserted that economic law, which regulates relations arising within the state socialist economy, should be granted the status of a separate branch of law. Moreover, he emphasised the necessity of undertaking legislative efforts to enact an economic code. This position was challenged by Olympiad S. Joffe in his work Legal Regulation of Economic Activity in the USSR in which he argued that it was not possible to separate relations within the state socialist economy from those regulated by other branches of law. As a result, he concluded that there was no justification for distinguishing economic law as an independent branch, nor any reason to adopt an economic code. The 1959 debate set the directions and boundaries of the dispute over economic law in Soviet legal thought in the decades that followed. Based on V.V. Laptev’s views, the so-called postwar concept of economic law was formed, considered one of the three leading concepts of economic law developed by Soviet legal science. However, this postwar concept was strongly criticized by civil law scholars, who emphasized the necessity of subjecting relations within the state socialist economy to civil law regulations
Walka z anonimowością spółki akcyjnej w narodowosocjalistycznych Niemczech. Uwagi na tle zniesienia anonimowości jako konstytutywnej cechy spółki akcyjnej dokonanego nowelizacją Kodeksu spółek handlowych z dnia 30 sierpnia 2019 roku
No full textThis article presents the issue of combating anonymity in German joint-stock companies in Nazi Germany. The starting point for these considerations is the elimination of anonymity as a constitutive feature of joint-stock companies, which resulted from the amendment to the Polish Commercial Companies Code of August 30, 2019. However, it is important to note that the objectives and motives behind the Nazi fight against anonymity in German joint-stock companies were entirely different from those underlying the dematerialization of shares, the practical elimination of bearer shares, and the de-anonymization of shares in Polish businesses of this type. While the effort was permeated with Nazi ideology and occurred in a triad with the demand to introduce the Führer principle, the call for assuming responsibility, and the protection of enterprises and their employees from speculative interference, serving to strengthen the Nazi sense of responsibility for enterprises and create a Nazi community within companies, which were to be governed according to the Führer principle, the modern process of de-anonymization of joint-stock companies, including Polish ones, aims to protect economic transactions from abuses related to money laundering and tax fraud, in which bearer shares in joint-stock companies are used as instruments
Techniki animacji a potencjał zerwania z „filmową siecią przemocy”. Interpretacja porównawcza adaptacji Wodnikowego Wzgórza
No full textThis article describes animation techniques and their potential to break with what Marta Stańczyk refers to as the cinematic web of violence. Two film adaptations of the novel Watership Down by Richard Adams will serve as examples—a 1978 traditional animated film Watership Down directed by Martin Rosen, and a 2018 CGI-animated Watership Down directed by Noam Murro. Using the perspective provided by animal studies, posthumanism, and ecocriticism, the author seeks answers to the question of when the language of cinematic expression can serve to go beyond anthropocentrism, to talk about animalism and non-human subjectivities. In this context, the following are analysed: the poetics, the structure of the narrative and its overtones, the corporeality of the non-human characters, and the way the environment is rendered
Recepcja spaghetti westernu w Polskiej Rzeczypospolitej Ludowej w latach sześćdziesiątych XX wieku
No full textThe article is devoted to the reception of the spaghetti western in the press of the People’s Republic of Poland (PRP) in the 1960s—from the first mention of the Italian variation on the western genre in the Polish press in 1964 to shortly after the premiere of the first and only spaghetti western screened in Polish cinemas during the PRP period, that is Quién sabe? (Gringo, 1966) by Damiano Damiani. In the article, the term “reception” is understood broadly — not only as the critical response to the films in the form of reviews, but also as the opinions and perceptions of the entire (sub)genre expressed in the Polish press, both by domestic and foreign authors. The research conducted for the article led to five main conclusions. First, information about spaghetti westerns appeared in the Polish press relatively early and the topic was regularly revisited, although usually on the margins of broader discussions about transformations in Italian cinema. Second, most of the information and opinions on spaghetti westerns that Polish readers were exposed to came from Italian critics, particularly Virgilio Tosi. Third, the image of the spaghetti western constructed by these publications was predominantly negative. Fourth, the only spaghetti western to be shown in PRP-era cinemas was met with a relatively favorable critical reception, mainly due to its political message, though it was portrayed as unrepresentative of the genre. Fifth, the negative press discourse surrounding spaghetti westerns in the 1960s proved influential and continued to shape film criticism even after the fall of the Soviet Bloc
Ab ovo… O (możliwych) źródłach kreacji magicznych postaci — kompendium nie tylko dla miłośników fantasy
No full textThis review article discusses Dorota Ucherek’s monograph on the cultural sources of magic-wielding characters appearing in contemporary fantasy literature. The dissertation is a pioneering study of this issue in the Polish humanities. As such, the author’s considerations deserve attention not only because of their trailblazing nature, but also because they potentially determine the way future researchers think about the issues raised by the title of the study. All the more so, given that even a cursory reading reveals the monograph’s exemplary structure. The outline of individual issues is purposeful and functional. The following chapters (and their subchapters) are structured in a logical way, and each of these is concisely summarised by micro-syntheses form, along with the conclusion proper, a comprehensive synthesis of the issues discussed.
The language of the work is noteworthy. The author managed to avoid overly specialised vocabulary, without giving up on scientific acribia. The style of the argument as a „bow” to the potential reader. For although the Earliest Witch-Makers… It is a book addressed primarily to a professional reader with appropriate research facilities, but he or she may also be — due to the subject matter and specificity of the literature in question — a fan who is just learning to discuss his or her reading fascinations in academic language