CNS Czasopisma Naukowe w Sieci
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Sądownictwo administracyjne jako gwarant ochrony przed autorytaryzmem
No full textThe subject of the article is to indicate and analyze the competences of administrative courts to prevent authoritarianism and totalitarianism. Against the background of general remarks on the essence and characteristics of power, the issue of the scope of judicial cognition in relation to administrative acts of applying the law, administrative acts of law-making and control of the independence of self-government, as well as creative interpretation aimed at ensuring the substantive rule of law, is considered. The role of administrative courts in counteracting authoritarianism and totalitarianism is illustrated with examples from history, in particular Nazi Germany and the socialist state
Przepisy kolizyjne dotyczące materialnoprawnych przesłanek zawarcia małżeństwa w okresie Polskiej Rzeczpospolitej Ludowej
No full textThis article analyses the conflict-of-law rules governing the substantive legal conditions for entering into marriage in the Polish People’s Republic. Author discusses the provisions of the 1926 and 1965 private international law acts, which indicated the national law of each of the nuptials as the law applicable to assessing the capacity to marry. Particular attention is paid to the public policy clause, which allowed for the exclusion of foreign law if it was contrary to the fundamental principles of the Polish People’s Republic, such as gender equality or the principle of monogamy. The article also presents the impact of numerous bilateral agreements concluded with socialist bloc countries and capitalist countries (e.g. France), which regulated the proper law in matrimonial matters. It was emphasised that despite the ideological similarities between socialist law systems, there was no complete unification in this area
Cenzorzy XXI wieku? Rozważania na tle wybranych regulacji UE o zwalczaniu nielegalnych treści w Internecie
No full textThis article contains analysis of EU law on combating illegal content online that is constructed in such away that online platforms, in order to avoid liability and achieve other aims, undertake actions directed at combating illegal content, but in doing so, also monitor other content posted by users. The aim of deliberations is to identify legislative solutions that grant online platforms an almost overwhelming power to control online content and to analyse whether such solutions may, in fact, lead to censorship. The focus is primarily on legal provisions that do not directly regulate the right of online platforms to apply censorship but include instruments that empowers them with the ability to do so—often without offering any viable alternative course of action. This thesis is connected to the belief that the various obligations imposed by EU law on online platforms are indeed intended to ensure the removal of illegal content, but their effective implementation cannot succeed without monitoring content posted by all users. Therefore, online platforms monitor all content in order to identify and remove what is illegal. As a result, they gain control over content that is not illegal, but may be removed for other reasons—ranging from economic to political considerations. Platforms can do this because the EU has equipped them with appropriate tools and encouraged their use, thereby creating a regulatory environment conducive to the development of censorship. On the other hand, EU regulations contain instruments aimed at countering censorship by these entities and protecting the right to freedom of speech for their users. However, the question arises whether they are able to do this effectively
Nadzór i kontrola Ministra Zdrowia nad zakładami społecznymi służby zdrowia w latach 1948–1956 zagadnienia węzłowe
No full textThe article discusses the supervisory and control competences of the Minister of Health between 1948 and 1956 over the basic units of the healthcare system at that time, namely the social healthcare institutions. The aim of the article is to present the legal foundations of this mechanism, its causes, and its consequences. During the period in question, the central state administration held significant authoritative instruments over social healthcare institutions, which was characteristic of the totalitarian system of the Union of Soviet Socialist Republics and the states under its dominant influence. The thesis of the article and at the same time the research question is whether the control competences of the Ministry of Health were part of this system and reflected the centralisation of the state
Koncepcja tyranii w komentarzu Baldusa de Ubaldis do „lex Decernimus ut antiquatis”
No full textThe aim of this study is to analyse the concept of tyranny as articulated in Baldus’s commentary on lex Decernimus. This constitution, issued by Emperor Zeno a few months after his return to the throne, following the removal of the usurper from power and the end of the tempus tyrannidis, gave rise to considerations about tyranny. The author seeks to answer the question of how the jurist understood just and unjust government, he considered it possible to legalise improperly seized power after a sufficiently long period of time what his views were on the validity of legal acts adopted during tyranny. The validity of 1) issued statutes, 2) court proceedings, issued judgments, 3) concluded contracts, drawn up wills and 4) conducted elections within the Church is examined
Tajne (niejawne) przeszukanie – relikt czasów totalitarnych czy nowa forma pracy operacyjnej?
No full textSecret search is a form of operational work shrouded in the greatest secrecy, used during the People’s Republic of Poland by the Security Service and the Military Internal Service. It involved breaking into, among other places, diplomatic missions, flats and cars in order to obtain information needed by the communist authorities. This form could have been completely forgotten, had it not been for the draft Operational Work Code, which was intended to strengthen the observance of citizens’ rights and included an cover search directly referring to illegal activities undertaken in communist times. This legal instrument should cause particular concern among opponents of excessive state interference in the constitutional right to privacy. The purpose of this paper is to try to indicate what purpose such actions of the communist services served and whether there is now a possibility of their legal implementation in a state under the rule of law, taking into account the so-called emergency situations that may arise in the course of them
Leningradzkie korzenie pojęcia kompleksowej gałęzi prawa
No full textThe concept of a complex branch of law was introduced by the Leningrad scholar Vladimir K. Raikher in his monograph Socio-Historical Types of Insurance, published in 1947. The formulation of the concept of a complex branch of law was an attempt to determine the place of insurance law within the legal system, taking into account the particular circumstances that shaped the framework for discussions on the legal system and its structure in the 1940s in the Soviet Union. While considering the position of insurance law within the legal system, V.K. Raikher faced the challenge of defining it according to the criterion of the subject of regulation, without at the same time questioning the catalogue of branches of law established on this basis by A.Y. Vyshinsky at the end of the 1930s. Within the subject of regulation of insurance law, V.K. Raikher identified diverse social relations that were classified under different branches of law. Such sets of legal norms are characterized both by diversity– since they consist of elements belonging to various fundamental branches of law– and by coherence, stemming from their common subject of regulation, albeit understood differently than in the case of fundamental branches. V.K. Raikher argued that the term „branch of law” may be applied to such sets of legal norms, with the qualification that these are complex branches, distinct from another type of branch of law– the fundamental branches. The concept of a complex branch of law became a subject of interest in Soviet legal scholarship, where it was analyzed and received both supportive and critical assessments
Udział prokuratora w postępowaniu cywilnym w okresie Polskiej Rzeczypospolitej Ludowej jako forma wpływu autorytarnej władzy państwowej na przebieg postępowania cywilnego
No full textThe study describes the legal regulations concerning the participation of the prosecutor as an indirect form of influence on the course of civil proceedings by the authoritarian state authorities during the Polish People’s Republic. The author describes the scope of the prosecutor’s powers, and at the same time outlines the types of civil proceedings that the prosecutor does not have the procedural legitimacy to initiate
The Quality of AI-Powered Machine Translation: A Case Study
No full textT his a rticle examines t he t ranslation p erformance of t he t wo leading A I e ngines— OpenAI’s GPT and Google’s GEMINI—in rendering English idioms and culturally specific references into Polish, highlighting both their strengths and limitations. The findings reveal that while both AI models demonstrate impressive accuracy in identifying and conveying the meaning of idioms, they frequently fail to use established Polish equivalents, which results in the loss of irony and humour. Some instances of over-translation were also identified, underscoring the difficulty of balancing literal accuracy with cultural sensitivity. Overall, the study highlights the technical competence of AI translation while pointing to areas where its cultural and contextual awareness remains limited
