CNS Czasopisma Naukowe w Sieci
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Przy niej rozwijało się skrzydła. Wspomnienie o dr hab. Agnieszce Liburze, profesor Uniwersytetu Wrocławskiego (1968–2023)
No full textOdpowiedzialność karna za planowanie, przygotowanie, wszczęcie lub prowadzenie wojny agresywnej oraz publiczne nawoływania do jej rozpętania według kodeksu karnego Federacji Rosyjskiej
No full textThe paper presents the scope of the legislation governing the crime of planning, preparing, starting, or waging an aggressive war (Article 353) and public incitement to start it (Article 354) contained in the 1996 Criminal Code of the Russian Federation. These crimes are discussed according to the statutory characteristics of the acts. As part of the study of this issue, a thesis was formulated, which is a conjecture that criminal liability for the crimes in question is regulated in the 1996 Russian Criminal Code in a casuistic and strict manner, but one that takes international solutions into account. The research methods used in the study were a dogmatic analysis of the 1996 Criminal Code of the Russian Federation and a literature analysis of pertaining to the crimes in question. During the analysis of the two crimes referred to in the title, interpretation problems and shortcomings of the existing solutions (understanding of basic concepts, casuistry of the legislation, and severity of the sanctions) were pointed out. The considerations confirmed the adopted thesis
Problem z podmiotowością prawnomiędzynarodową Palestyny
No full textThe paper concerns the legal status of Palestine as a subject of international law. To some extent Palestine is the edge case of statehood in international law. In a sense, we are witnessing the forging of the international status of Palestine in real-time. For some scholars Palestine is a state, while for others it is not. It is quite a common trope in discussions concerning the status of Palestine to underline how many states have recognized Palestine and established diplomatic relations with it. The problem is that while principle of tertium non datur seems to be applicable in case of recognition of Palestine, the reality is more complex. Some states indeed recognized Palestine, but not as a state but as a non-state subject of international law. A closer examination of the diplomatic relations of Palestine reveals that they are more akin ones maintained with a non-state subject the relations than with a state. By way of analogy, the international status of Palestine seems to be similar to one of Holy See—that is the case of Palestine’s “non-member state” status of in the UN, which is analogous to the status of Holy See. At the same time, Palestine is a state from point of view of the ICC, a least in context of the Rome Statute. The jurisdiction of the ICC depends on notion of state territory, after all. But effective control of territory by Palestine is in doubt, thus the in its case the ICC applied the construct of “occupied territory.” Thus Palestine seems to be a state whose territory is being occupied by Israel. That is also confirmed by the ICJ. As such, Palestine is not just a state—it is an occupied state, a state in statu nascendi or a non-state subject of international law. The issue of which of these descriptions is the most appropriate notwithstanding, they all share one common denominator: the international subjectivity of Palestine is detached from effective control of territory. While the very notion of state in international law sits somewhere between Kelsenian “is” and “ought,” the latter is significantly more pertinent for Palestine. Part of the international community is eager to treat Palestine as state but that decision is not an abstract and general one. Treating Palestine as a state is motivated by a single goal—granting it particular rights and privileges reserved for states. The non-member state status of Palestine in the UN is not based on the general recognition of Palestinian statehood—its participation in works of the UN is at stake. In that context Palestine’s membership in UNESCO is something of a breakthrough. Since its finalization Palestine become a state according to so-called Vienna Formula—thus Palestine acceded to key UN conventions. And yet Holy See is also party to some of them. Palestine’s status within of international community illustrates the issues caused by the decentralized recognition of states quite succinctly. In the case of Poland, recognition of Palestine is an outcome of decision of authoritarian government of Polish People’s Republic. That decision was the effect of relations between Poland and Israel and dependence of Poland upon the totalitarian Soviet Union. However that act of recognition of Palestine was not a recognition of its statehood
Kradzież patentów jako element strategii konfliktu państw autorytarnych — casus Rosji
No full textThe article refers to the problem of infringement of intellectual property rights, in particular patent rights, as an element of the conflict strategy implemented by the Russian Federation. Legally sanctioned patent theft is a deliberate and carefully planned activity. It represents the first step on the road to further appropriation of the intellectual property of countries considered hostile. For international justification, the Russian government invokes the need to close the deepening economic gap created by the withdrawal of European and American companies and the coexisting deficit of goods and services. However, the introduction of solutions that allow for penalty-free and unlimited imitation of protected solutions leads to a situation in which the Russian Federation is not only squeezed out of the global technology market, but also wipes out its own innovative activity based on original inventions. In its approach, the Russian side does not take into account the well-known economic regularity — while a military conflict can stimulate economic mechanisms in the short term, a technological conflict prevents development in the long term. The main objective of the article is to present the evolution of the Russian Federation’s patent strategy as a result of the ongoing military conflict in the context of the applied negotiation tactics. An additional objective is to try to estimate future global technological position changes of the conflicting parties. For this purpose, the following stages of changes in Russian patent law were studied and empirical data on patent activities of domestic companies were analysed. The conclusions of the analysis indicate that the consequences of the potentially massive application of the decree are far-reaching for each of the parties to the conflict. At the same time, the use of tactics characteristic for the hard negotiation style, in which the win of one side means the loss of the other side, leads to a stalemate situation in which none of the parties to the ongoing conflict is strong enough to break the impasse and establish the rules of the game in accordance with the legal order and market rules. Such a situation, in which the parties become hostages in the decision-making process, i.e. the prisoner’s dilemma, is known from the economic history of the Cold War period. However, while at that time its context was primarily of a military nature, today it takes place on a technological level, determining the future of the conflicting economies
O zasadności zmian zakresu penalizacji przestępstwa propagowania faszyzmu i totalitaryzmu
No full textIn the rich literature on the subject, the discussion about criminal liability for the offence under Article 256 of the Penal Code concerning the propagation of fascism and totalitarianism remains relevant, especially when one observes an increased level of activity and threat from radical nationalist movements, or the emergence of authoritarian, and even totalitarian, methods of exercising power. The mentioned issue engages significant attention from scholars and practitioners in the judicial field. The frequent contestation of the regulation specified in Article 256 of the Penal Code is associated with difficulties in defining the scope of criminalization, as well as the correct interpretation of the elements of the offence. Similarly, the legislative efforts undertaken by the legislator as of October 1, 2023, aimed at clarifying the elements illustrating the prohibited act did not achieve the desired result; instead, they garnered criticism and deepened the previously existing ambiguities. In the outlined situation, the authors of the present article join the ongoing discussion about the normative approach to the offence under Article 256 of the Penal Code and seek an optimal solution in this regard. This work aims to assess the amended regulation, verify interpretational doubts, and attempts to formulate de lege ferenda proposals without reproducing the shortcomings of the approach that is currently prevalent. The considerations based on the formal-dogmatic and theoretical-legal methods are accompanied by references to earlier solutions regarding this type of offence. These references highlight the path of changes marked by numerous legal and practical problems. The authors point out flaws in previous solutions and critically address situations where responsibility for the prohibited act is determined based on judicial interpretation, seeking out issues that the legislator did not explicitly include. They also point out the need for legislative intervention in the currently amended approach to the offence, expanding the scope of penalization and relying on sufficiently vague elements, allowing for varied interpretations. The authors contemplate the conclusions that can be drawn from past experiences, including the use of ambiguous elements that require scholarly analysis and the dangers associated with criminalizing not only the promotion of a totalitarian system but also the extreme doctrines and ideologies linked to it. In conclusion, the authors approach rational proposals with understanding, recognizing that transforming the content of Article 256 of the Penal Code and proposing a new form of the offence will not be without normative shortcomings. On the other hand, opting for a radically different solution, such as abandoning criminalization, is currently not justified and accepted
Nacjonalistyczna krytyka demokracji na przykładzie Narodowego Odrodzenia Polski
No full textIn the Polish political arena, the National Rebirth of Poland (Narodowe Odrodzenie Polski — NOP) is classified as a national radical group. Its ideological and political identification, referring to the inter-war national tradition, at the level of negative content is focused on contesting the communist regime, but also the order of liberal democracy sanctioned after the ‘round table agreement’ in Poland. In opposition to the above-mentioned and comparably bluntly evaluated systemic solutions, the organisation promotes a peculiar concept of nationalism (‘New State’), which is supposed to constitute the only legitimate systemic alternative as a guarantor of a properly understood Polish national identity and the raison d’état of the state. From this idealistic perspective, using a verbal and sometimes socially unacceptable forceful method of action, NOP seeks to prove the weakness of the democratic system prevailing in Poland. Particularly, at the level of contemporary axiological as well as institutional-legal processes, it perceives a threat to important assumptions of their agenda: traditional national and religious values, subjectivity of the Polish citizen and sovereignty of the national state (mainly in relations to unacceptable EU and NATO structures). In order to achieve the postulated ideological goals, it does not assume (at least at the level of its rhetoric so far) compromises with the prevailing systemic solutions and cooperation with the current political establishment
Udział w wystąpieniach wolnościowych jako przesłanka uznania za osobę represjonowaną z powodów politycznych w orzecznictwie sądów administracyjnych
No full textThe subject of the analysis is the regulations of the Act of 20 March 2015 on anti-communist opposition activists and persons repressed for political reasons, which relate to the possibility for an individual to obtain the status of a person repressed for political reasons due to his or her participation in the period from 1 January 1956 to 31 July 1990 in opposition activities for the regaining of Poland’s independence and sovereignty or respect for political human rights in Poland. The main method of research was the empirical research method, which consisted in the analysis of the jurisprudence of the voivodship administrative courts and the Supreme Administrative Court in Poland, and its aim was to discern how these courts interpreted the legal regulations under analysis. In the initial period of their application, the divergences in the jurisprudence concerned the possibility of recognising record materials in the resources of the Institute of National Remembrance as documents created with the participation of the applicant within the meaning of Article 4 of the Act. Currently, this issue is not in doubt, which is the result of a normative change. An issue that is not uniformly understood in the jurisprudence of the courts is the distribution of the burden of proof in the proceedings conducted by the Head of the Office for War Veterans and Victims of Oppression in which a decision is issued confirming the status of a repressed person
Rola palenia ksiąg w ograniczaniu wolności słowa w czasach Nerona i Domicjana
No full textThe dawn of the new regime introduced a step-by-step limitation of freedom of speech, which brought about the fading of republican leanings in Roman high society. During the reign of Augustus and Tiberius, famous cases of Titus Labienus and Cassius Severus as well as Mamercus Scaurus and Cremutius Cordus became symbols of curbing freedom of speech by means of book burning. A gradual deepening of control over written works was to be expected in due course, as emperors took further steps on a path to an increasingly authoritarian regime. Therefore, it would be understandable if burning the writings of dissident authors became a common measure during the of ‘reigns of terror’ under Nero and Domitian. Surprisingly, only a scant few mentions of such events from that time survived. The article deals with the incidents od book-burning in the times of two authoritarian rulers: Nero and Domitian, namely those of Fabricius Veiento, Herennius Senecio and Arulenus Rusticus. They analysed in light of ancient sources and the contemporary state of knowledge, as well as the context of the role they played in a complex system of curbing of what was left of republican freedom of speech
Kina powiatu jaworskiego lat 1963–1973 w liczbach — przykład wykorzystania dokumentacji statystycznej
No full textThe aim of the article is to show the possibility of using statistical forms in the study of the history of cinemas. The files of the Jawor District Statistical Inspectorate (1962–1975) were used. Statistical reports were analysed, tabulating data at the level of the entire district and individual cinemas. This made it possible to characterise the changes occurring in the number of cinemas, audience size, number of screenings, attendance, and income. Particularly valuable were the forms for individual venues, containing additional information for local cinemas such as their names, addresses, names of managers, and others. These types of individual sources have not yet been subject to research analysis
The mountain woman and science — Josephine Kablik, the most outstanding scientist of the Giant Mountains
No full textThe chapter deals with the work of the scientist Josephine Kablik (Josefína Kablíková, née Ettel, 1787–1863), who worked in Vrchlabí (Hohenelbe) in the Czech (or Austrian) part of the Krkonoše Mountains. Kablik, who was born in the Giant Mountains (Krkonoše), became a leading botanist of the Austrian Empire, fundamental for the systematic knowledge of the Krkonoše flora. Although she remained in the mountains for most of her life, she maintained numerous correspondence with a number of scientific authorities, was a member of several scientific societies and supplied herbariums not only in Prague, but also in Austria, Germany and England. Among other things, she contributed a number of plants for the creation of the Herbarium Silesiacum of the Silesian Society for Patriotic Culture in Wrocław. Her activities also extended to other natural sciences, and at the same time she and her husband, a pharmacist, were active in charity work