Suchergebnisse

The article concerns the right of pardon in the view of the Constitution of March dated on 1921. The author analyses subjective and objective range as well as the contents of the decision of the head of state concerning the right of pardon. She compares solutions adapted in Poland and those that functioned in other modern countries. On this background she discusses the model of the right of pardon in Poland proving that this law was understood narrowly by the Constitution from 1921. It was limited only to penal and judicial responsibility and distinctly excluded the possibility of pardon by individual abolition. The author also indicates that the head of state had restricted possibilities to state the contents of the act of pardon. That was because the Constitution clearly determined that it may only consist in cancellation or commutation of punishment, or possibly remission of consequences of conviction. By that means the March Constitution determined the boundary of presidential right of pardon, which was not common solution during the interwar period. The author also analyses, on the basis of unpublished archival materials, the practice of executing the right of pardon, especially the procedure of decision-making and contents of the act of pardon. On this basis she concludes that despite of lack of constitutional reference to act the president executed the right of pardon retaining procedure specified in Code of Criminal Proceedings, however he did not execute the right of pardon through proceeding initiated without maintaining requirements of criminal procedure. The article also tackles the issue of motives that made president's way towards making decisions concerning pardon and its independence by analyzing the use of the right of pardon by presidents Stanisław Wojciechowski and Ignacy Mościcki. The presented data show that under the same Constitution presidents differently understood their role at making decision about pardon. They either presented the model of full (Wojciechowski) or restricted (Mościcki) independence in decision-making. ; Artykuł nie zawiera abstraktu w języku polskim

"The author intends to present legal socialization - the concept of the sociology of law - which describes attitudes to norms, law and law enforcement institutions. For law to be effective, any individual in a given community needs to internalize a number of values and attitudes. The attitude to law will influence its application; its effectiveness will depend on the perspective adopted by the legal norm addressees who could either accept binding regulations or ignore them. An adequate legal policy helps construe legal norms in a manner to prevent costs of interventions which need to be taken when law is not convergent with social expectations." (author's abstract)

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South. ; Lithuania officially declared their support for international mission in Iraq 21st March 2003. Four days later, 25th March, Parliament of the Republic of Lithuania adopted the resolution, in which resolved "to dispatch for a six-month period to the international operation led by United States of America in the Persian Gulf Region, a humanitarian type mission of Lithuanian soldiers." Assignment of that mission was a support of international operation and assistance to victims of the conflict. In the beginning of the mission Lithuanian soldiers served in two areas of responsibility: Polish and British. This country delegated officers to the headquaters of the divisions in Basra and Babylon, and to the NATO Training Mission. In each unit, a total of 100 Lithuanian military personnel served in the UK- and Polishcontrolled sectors in Iraq. Lithuania took part in the European Union's training program called EU Integrated Rule of Law Mission for Iraq. On this initiative, the Iraqi officers familiarized themselves with the implementation of Lithuanian penitentiary system reform and the respect for human rights in the area of criminal justice. 25th January 2006 was the last day of Lithuanian military contingent duty within Multinational Division Central South.

This paper studies the multifaceted and definitude specificity of totalitarianism in the context of the humanitarian-personalist concept of the socio-political life of Cardinal Stefan Wyszyński. The analysis of the discussed topics provides a unique insight into the nature of totalitarianism, in both the version of German Nazism and in Communism with the Soviet origin and provenances. However, the reinterpretation of the above systems from the perspective of Christian personalist praxeology allows one to notice and present the fundamental assumptions of these concepts' entirely anti-human and anti-Christian paradigm. Moreover, unveiling the entire agenda of totalitarianism makes it easier to interpret these concepts in terms of not only defining but also legitimizing, and even authenticating, some of the most terrifying and degenerated systemic government-ruling forms of the 20th century. It is of crucial importance, especially nowadays, when the emerging trends often downplay and soften the criminal nature of the above systems and even consider the "totalitarian model" as a "specific historical phenomenon" attempting to resolve many crucial but complex issues of political, cultural, and economic nature.

The uncontrollable outbreak of piracy attacks off the Somali coast has lately made the East African coast the area where the majority of all global maritime crimes occur. Located in East Africa, Somalia borders one of the most important maritime communication routes on Earth: the Suez Canal – the Red Sea – the Gulf of Aden. EU states could be acutely affected by the disruption of sea trade in this area, therefore they have become actively involved in fighting piracy off the Somali coast. As a result of political, organizational and legal activity, the Council of the EU established the first maritime military operation under the auspices of the European Union – EUNAVFOR Somalia – Operation Atalanta. The efficient operation of EU naval forces, hundreds of miles from European shores would not have been possible had it not been for an extensive and comprehensive maritime policy. Not only has its implementation enabled the EU to chase pirates in the Somali basin, or helped bring any criminals detained before the courts, but is has also influenced countries outside the European Union.

The uncontrollable outbreak of piracy attacks off the Somali coast has lately made the East African coast the area where the majority of all global maritime crimes occur. Located in East Africa, Somalia borders one of the most important maritime communication routes on Earth: the Suez Canal – the Red Sea – the Gulf of Aden. EU states could be acutely affected by the disruption of sea trade in this area, therefore they have become actively involved in fighting piracy off the Somali coast. As a result of political, organizational and legal activity, the Council of the EU established the first maritime military operation under the auspices of the European Union – EUNAVFOR Somalia – Operation Atalanta. The efficient operation of EU naval forces, hundreds of miles from European shores would not have been possible had it not been for an extensive and comprehensive maritime policy. Not only has its implementation enabled the EU to chase pirates in the Somali basin, or helped bring any criminals detained before the courts, but is has also influenced countries outside the European Union.

Prescriptively included in the amendment to the codex of administrative process, the equality of parties rule embodies the widespread use of this directive based on constitutional rules and the courts' judicature. The equality of parties rule is a necessary element for the development of citizens' trust towards the public administrative bodies. The directive showcases the shift from vertical to quasi‑horizontal perspective of understanding the administrative relationship, that is towards more partnership. The amendment aims to introduce european standards to the polish legal order. The equality of parties rule facilitates the above by requiring the public authority to consider the opinion of the other side while settling cases and eliminating any signs of discrimination or unfair treatment of either side from the relationship. Per theoretical analysis of the directive to be introduced, a comparative treatment seems compulsory. Analysing the administrative procedure through the prism of civil and criminal proceedings allows the crystallisation of constitutional traits of the equality of parties rule. Moreover, it reveals the details distinguishing the administrative procedure on a comparative background.

There are about 2.2 million prisoners in the USA. It is generally viewed that this number is a result of a too severe penal system connected with the introduction of the absolute intolerance for drug crimes policy. But not only gang members and drug dealers are doing time in prison, this system also applies to war veterans. In 2012, there were 181,500 veterans behind bars, especially participants of the recent wars. Most of them face problems with addiction or struggle with permanent unemployment, homelessness or psychological disorders. This phenomenon is alarming because veterans as a privileged group have a social, medical, education cover and all capabilities not to break the law. Veterans as former soldiers, disciplined and well familiar with criminal law, who received ethics and international humanitarian law training courses, from practical point of view should not break the rules stated by the legal system. The image of former veterans who served their country, totally disagree with penitentiary statistics. Recent years have shown that military service, especially in the area of conflict, may become a double-edged sword, and in fact veterans may pose a threat to society.

The purpose of the article is to analyse the role of the public prosecutor's office as an institution that is specifically embedded in between certain elements of the political system, particularly between the executive and judiciary powers. For this reason, the public prosecutor's office can be regarded, together with courts, as an institution that aims to be actively involved in administering justice and an instrument of the executive power to guarantee internal security and to execute internal functions of the state. The public prosecutor's office, given its specific operation area, is expected to prosecute crimes effectively as well as safeguard the rule of law, which may be threatened by the infringing actions of not only individuals and criminal groups but also of officials and state institutions. Hence, with respect to the accountability of the public prosecutor's office, it should be more independent of the executive power which is subject to political rules. It appears, however, that separating it officially from the executive power does not have to lead automatically to the public prosecutor's office independence of political influence when other direct (the Prime Minister's and the Minister of Justice's authority over the Attorney General) and indirect mechanisms of prosecutors' political dependency (clientelism, politicisation and political bonds of prosecutors with politicians) exist.

Examining psychological mechanisms which lay at the heart of manslaughters aren't a new subject in Polish psychology and penitentiary sociology. In case of the public correction he seems positive to be influence relatively of short stay in penitentiary individuals. In case of the psychological correction long-term therapy is giving greater effects. Undervalued through penitentiary administration of the factor criminological process there is an influence of media, and by force methods of proceedings are marked most popular - with innovative - middle of achieving desired objectives socially.

The purpose of our research was to analyse the influence of social networks on the perception of the war in Ukraine as well as on the course of the struggle in the information field. Today, social networks have become one of the main trendsetters, therefore, to effectively fight against disinformation and enemy information attacks, it is necessary to understand not only the specifics of their audience's perception of information but also to be well-versed in the specifics of the content generated by social media. For this purpose, we used the comparative method, monitoring, and content analysis. In the article, we give examples of ethical dilemmas that Russia can use to its advantage in the war against Ukraine. For example, social media policies prohibit the posting of sensitive content. This does not allow telling the whole truth about the war, as a result of which not everyone understands the depth of the tragedy. Thanks to this, the world's reaction to Russia's criminal actions is not as harsh as it could be. Our research was an attempt not only to outline the problem but also to propose ways to solve it. It is clear that media and ethics are inseparable, but at the same time, it is necessary to understand that ethics cannot hide the truth. In future studies, it is worth investigating more deeply the ethical norms of the coverage of sensitive content, especially about war. Perhaps it would be worthwhile indicating the situations that allow departure from the general rules.

The inauguration of Nelson Mandela as South Africa's first democratic president on 10 May 1994 became a symbol of the end of apartheid and the beginning of a new chapter in the country's history. As South African society was deeply divided, the 1993 Interim Constitution expressed the need for reconciliation between the people of South Africa and the reconstruction of its society. The legacy of apartheid was to be addressed based on 'a need for understanding but not for vengeance, a need for reparation but not for retaliation, a need for ubuntu but not for victimization'. Due to its introduction into the Constitution, ubuntu – a philosophy of unity, cooperation, compassion and respect for human dignity, which originated in small African communities – became a source of values for the whole legal system. The goal of the text is to present the ubuntu philosophy and to describe its role in the South African transitional justice process and in selected areas of South African law (criminal law, evictions and defamation). On the whole, South Africapresents a unique case in which both the political transformation and the legal system were strongly shaped by the said philosophical and ethical concepts, which bear close resemblance to the idea of restorative justice. ; Zaprzysiężenie 10 maja 1994 r. Nelsona Mandeli na pierwszego demokratycznie wybranego prezydenta Republiki Południowej Afryki stało się symbolem końca apartheidu i otwarcia nowego etapu w historii tego państwa. Wobec istniejących w społeczeństwie głębokich podziałów przejściowa Konstytucja RPA z 1993 r. wyrażała potrzebę pojednania pomiędzy obywatelami RPA, a także rekonstrukcji wspólnoty. Przezwyciężenie spuścizny apartheidu miało być oparte na potrzebie "zrozumienia, a nie zemsty", "rekompensaty, a nie odwetu" oraz "ubuntu, a nie wiktymizacji". Filozofia ubuntu (wywodząca się z małych afrykańskich wspólnot filozofia jedności, kooperacji, współczucia i respektu dla ludzkiej godności), do której odwołanie zamieszczono w Konstytucji – stała się rezerwuarem wartości dla całego systemu prawa. Celem artykułu jest przedstawienie filozofii ubuntu oraz omówienie jej roli w rozliczeniach z przeszłością w Republice Południowej Afryki i w wybranych obszarach południowoafrykańskiego prawa: w prawie karnym, regulacjach dotyczących eksmisji z nielegalnie zajmowanego gruntu oraz w regulacjach przewidujących odpowiedzialność deliktową za zniesławienie. RPA jawi się przy tym jako wyjątkowy kazus, w którym zarówno polityczna transformacja, jak i system prawny kształtowały się pod istotnym wpływem omawianych koncepcji filozoficznych i etycznych, silnie nawiązujących do idei sprawiedliwości naprawczej.

The aim of this article is to analyse the international legal and political process of reconciliation between Serbia and Kosovo in terms of its impact on the scope of development directions and strategies of the European Union countries as well as Russia and the USA. Particular emphasis was placed on the treatment of these issues in the light of the activities of the Kosovo Specialist Chambers and Specialist Prosecutor's Office. The main theses assumed for the purposes of this article are as follows: firstly, that the policy of reconciliation between Serbia and Kosovo is multidimensional, including the necessity of the process of international criminal liability for the crimes committed by both states, while at the same time influencing the dilemmas of the development directions of individual European countries, but also of the European Union and the United States. In addition, the legal and political stabilization of the Balkan region, especially in the context of relations between Kosovo and Serbia, and the possibility of cooperation with these states as part of intergovernmental international organizations, is strategically extremely important for the EU, the USA, as well as for Russia. The Author critically analyses issues using polemics with the standpoint presented in the doctrine of the subject as well as interpreting selected instruments of international law and Kosovo's national law. The deliberations resulted in conclusions as to the determinants in terms of the directions of the legal and political development of the EU and Russia resulting from the complicated process of reconciliation and mutual settlement of sins by Serbia and Kosovo.