One of the fundamental dilemmas in judicial application of the law is to respect the principle of the rule of law and not only the principle of legalism. The principle of legalism as enshrined in Article 7 of the Constitution insufficiently protects the constitutionally guaranteed rights and freedoms of the individual, and therefore judicial activism is required, i.e. a correction of the established law in the process of interpretation and application of the law in order to give the law such content that is consistent with the constitutionally defined values underlying the axiology of the Polish Constitution. The correction of the legislated law involves going beyond the content of the principle of legalism and referring to such values as – equity, justice, goodness, human rights and freedoms.
The judge, due to the fact that under the Constitution he is first and foremost subject to its provisions, and secondarily to the laws, may – if he is able to justify it – reject the content of the statutory provisions and base his decision exclusively on the provisions of the Constitution. This is justified when the Constitution protects individual rights and freedoms to a greater extent than the law. A judge may not invoke the rule dura lex sed lex in the process of interpretation, as it destroys the standards of legal culture. The correction of statute law in the process of its inter-pretation relates to judicial independence and responsibility for the issued decision.

Non-conformity of goods is the crucial matter in many cases on sale of goods. Usually, it is not difficult to determine conformity in the legal sense, when the parties have made express statements on that issue in the contract. Factual con-formity, by contrast, depends on the actual properties of the delivered goods. For the commercial buyer who typically plans to resell the goods, the actual conformity is a matter of practical importance. Conformity in a legal sense is more important in cases when the buyer wants to use the goods himself for an intended purpose.
The main objective of this article is to draw attention to the importance of specifying accurately the purpose for which the goods are being bought; the grade of quality or relevant standard as a pre-emptive measure for limiting the risk of receiving non-conforming goods in legal terms. The second purpose of this article is to compare the rules on conformity to see how they tackle the issue of allocating the risk for lack of non-conformity, and what the buyer can do to minimalize his risks. The article will start with an overview of English sales law, which has long served as the de facto international sales law for sales transactions. It then scru tinises the rules on conformity under the Convention on Contracts for International Sales of Goods (CISG). Finally, it compares all the relevant rules with Polish law.

The article of a review character undertakes a polemic with the authors of the book edited by M. Nowak entitled The Role of the Law in the Spatial Management System on spatial planning and development presented from the perspective of the law. The authors undertook to present the role of law in the spatial management system, but they did so taking into account the fact that in spatial planning, apart from lawyers, there are also such participants as urban planners, city and landscape architects, officials and the public. In the book there are not only material legal accents embedded in the themes of environment, cultural landscape and monuments, but also procedural threads. There are issues of a general nature, concerning the role and interpretation of the law, interdisciplinary issues, reach ing into other sciences (economics, urban planning), specific issues (fee) and issues of a changing and dynamic nature (COVID-19 and spatial policy). The work strongly emphasises the axiological dimension with references to phrases such as public interest or common good. In good conscience, I recommend reading the book to all those interested in ‘planning law’ in the broadest sense of the term, and to those who prefer the intersection of legal and non-legal sciences. The book will also appeal to the academic community and the legal profession.

This paper discusses judicial duty of improving the law on epistemic grounds and claims in that regarding this obligation, it is possible to give a place to free speech from an epistemic point of view. As a requirement of having epistemic agency, judges like other human beings have epistemological responsibility. Different from the others’ responsibility, judges’ responsibility is connected to their duty of improving the law, which is required by their job as well as the idea of the rule of law and judicial professional principles. Judges should improve the law’s capacity to guide the conduct of its citizens, who are obligated to obey the law. Improving the law also improves the delivery of justice. The ways of legal interpretation and justification are important to improve it. While applying the law, judges can find the law unclear or they may encounter some norm conflicts. In these cases, they
should resolve them to keep the law ‘legally in good shape’, which should meet epistemological requirements. When fulfilling this obligation, judicial free speech on epistemic grounds should not be limited.

The purpose of this publication is to show and analyse the issue of transsexual people who feel the need to reassign their sex assigned at birth and their biological sex due to a gender identity disorder. The paper is a polemic against the views presented in the case-law practice, suggesting the uniform and statutory regulation of transgender people’s situation in Polish law, drawing from the achievement of the ‘Principles’ written in Yogyakarta. One of the main postulates resulting from this publication concerns the regulation of the conditions and procedure of the legal sex transition that guarantee transsexual people the enjoyment of their fundamental rights and freedoms on equal terms with other members of society. The article is supposed to contribute to combating discrimination and increasing awareness in the area of transsexuality which is viewed stereotypically and is unknown to most people, with the exception of a small group of experts who fight against exclusion that conditioned by a different gender identity.

The conformity of goods is a central concept underpinning the CISG and is based, broadly speaking, on breach of contract. However, questions arise whether the concept of conformity under the CISG has found its place in Ukrainian sales law, especially due to the lack of comparative research on this topic. This article, therefore, seeks to answer key questions and close gaps in legal research. In particular, the article highlights the differences between the CISG and the Ukrainian sales law and indicates where the latter requires improvements.

So far, numerous influential studies have been made in reference to the phenomenon of ‘good governance’ in formal and legal, and economic terms or in terms of political science. The purpose of this paper is to present an interdisciplinary approach that attempts to integrate legal, economic and political sciences to analyse especially the legal and economic contexts of the indicated concept. The task of the article is to show the co-dependency and interactions between ‘good governance’ and the school of law and economy, especially within the phenomenon of supranational institutionalisation whose foundations still include the realisation of the principles of ‘good governance’. Despite the legal and economic themes, the indicated areas also formulate a defined scope of politics that is worth seeing through the prism of the apparatus of political science. The extremely economic approach demands focus on the processes of maximising profits/minimising resources; however, one must not ignore the element of classic politics that refers to disputes about various attitudes and values. The hypothesis of the article is the following statement: the decomposition of the liberal model of law and global economy translates into the phenomenon of the economic downturn of supranational structures, which leads to more primitive forms of domination and subordination in place of current practices whose purpose is to implement the regulations of ‘good governance’.

The purpose of the article is to discuss selected issues connected with the legal meaning of a consignment note, especially its structure, function, classification and rules for the use of it in the national and international transport of goods by road. Most frequently the sender, the recipient and the transporter recognise the consignment note only as a document that confirms the performance of a carriage service. However, in case of irregularities or deficiencies during transport, the meaning of the consignment note is usually key to the decision which entity involved in the transport process will be liable for damages. The author points to the necessity of recognising a wide range of documents which meet the requirements constituted by the Transport Law Act and the CMR Convention. No refusal to acknowledge the value of a consignment note to a document that meets all of the requirements specified by law should take place, even if a given document has a different function at the same time, e.g. it is a waybill.

The article deals with the essence of the object of crime protection, as well as its genesis and conditions as exemplified by crimes against the honour of deceased people in selected countries. It has been hypothesised that factors such as religion, political system, historical and cultural conditions, geographical location, social system (social development) and the wealth of society influence the definition of the subject of the investigated crimes. The purpose of the work is also to indicate how the legislator creates a good legally protected in the event of a crime. On the one hand, these considerations have a purely linguistic and logical basis, i.e. an attempt is made to answer the question why we create names in relation to abstract objects, i.e. not having a real designation. The research hypothesis is that the object of protection remains only a linguistic entity created to justify the punishment of certain behaviours (and other needs), while it is possible to name the same value or phenomenon in different ways.

The article analyses known facts concerning the corruption of deputies in Ukraine. The negative influence of various oligarchs on legislative activity is shown in it. It was established that the manifestations of corruption in legislative activity are significantly easier due to its imperfection and lack of proper regulations.
The principle of the inevitability of punishment as regards the deputies is formal. Several recommendations have been formulated based on the research in order to improve legislative measures.
Numerous corruption-related facts concerning the deputies indicate significant deformations of legislative activity for the purpose of illegal enrichment. It was shown in the paper that the improvement of the legislative process has not been implemented properly.
There is every reason to claim that the purpose of individual deputies’ legislative activity is to form unclear relations between business and the government on special conditions to which citizens do not have any access. Some of the deputies use those privileges not for the good of society, but for personal enrichment.
It is noted that the inevitability of the punishment of deputies for the crime of corruption is rather pretended. Activities which are meant to fight corruption in that category of higher national officials are being implemented quite slowly.
An adoption of a number of acts improving legislative actions the purpose of which is to fight corruption among deputies is proposed. The elimination of illegal relations between the government and business is a priority.

The purpose of this paper is to attempt an evaluation of the legal regulations relating to the issue of monitoring in the workplace. The Author defines sources of the employer’s right to control the employee and analyses the limits of this right. Finally, the Author states some provisions of conducting monitoring in the workplace.

The authors – lawyers and licensed detectives – examine the topic of an ethic in detective’s profession from theoretical and practical grounds. Although the authors are well positioned to delve into theoretical aspects of this topic, thanks to their strong academic background, the key input into the research is the practical experience they have gained while performing the profession; the profession they sadly acknowledge have some imperfections as well. Based on their own experience and observations the starting point of their work is the study of detective’s profession ethos. The angle of their examination is different to a traditional approach presented in other’s publication available on the market. The authors, in an innovative and original way, claim that the detective’s ethos is a result of profession’s elitism and exclusivism. The profession’s ethos has to be examined in the light of legal grounds in the Polish law system, the Act of 6 July 2001 on detective services (O.J. 2002 No. 12, Item 110, as farther amended). An extensive analysis of the act, brought a conclusion, that detective’s profession is elite, although authors have noted that there are certain reservations on this thesis, however they have
asserted that the profession is not exclusive, which is reflected in the instances of some ethic and moral violations, the topics they strictly separate. The reason of the abovementioned shortcomings is not sufficiently stringent procedure of the profession’s recruitment, which is a consequence of an easier access to the detective’s license, granted by the Act of 13 June 2013 on deregulation of access to certain professions in Poland (O.J. 2013, Item 829), effective as of 1 January 2014. The authors call for restoration of previously existing restrictions with this regard. The authors notice as well that there is a politically-driven reluctance to empower the representatives of the private security sector, hindering the fulfilment of a social role the detectives play as the agents of public trust. The authors however do not omit in their work the acknowledgement of a good condition of polish detective sector which one can see in the comparative cross-country international examination. They point out to the benefits and opportunities stemming from this condition, partly noticed by The Polish Association of Licensed Private Investigators – the representative body of detectives in Poland, which not only became a member of The International Federation of Associations of Private Detectives but also adopted the Code of Detective’s Ethics. The former is a unique opportunity to gain
expertise from international community as well as to share its own experiences, perhaps become a European leader setting internationals standards and guidance for the detective profession; the latter, authors believe, should be perceived as the code of exemplary conduct, one which all detectives shall follow. It is worth to mention that the mentioned Code of Detective’s Ethics is unique in its own nature on the Polish market as there is no other code encompassing the topic of detective’s ethic

These standards were introduced at four international organizations and supranational associations: 1) the European Union; 2) the Council of Europe; 3) the Organization for Economic Cooperation and Development; 4) the Commonwealth of Independent States. The article states that the key reason for the introduction of standards for the regulation of lobbying at the international level was considerable corruption in the adoption of legal acts. It is concluded that latent and unregulated lobbying can seriously undermine public confidence in the institution of government, especially in the countries of the so-called “new democracy”. International regulation of lobbying takes the form of resolutions, procedural rules, guidelines, recommendations and model legislation. Notably, the first steps towards international regulation of lobbying were taken by the institutions of the European Union. Today EU standards for the regulation of lobbying is based on a series of articles set out in the EU-founding treaties and the Charter of Fundamental Rights of the European Union. EU standards for the regulation of lobbying influence not only the EU Member States, but it also extends to EU Partner Countries. Significant steps in the implementation of international standards for the regulation of lobbying are being constantly carried out by the Council of Europe. The establishment of CE standards for the regulation of lobbying is reflected in the activity of statutory bodies of the Council of Europe and its semi-autonomous bodies. In recent years a lot of work on the strengthening of international standards for lobbying regulation has been done by the Organisation for Economic Co-operation and Development. To help address the concerns with transparency and integrity in lobbying, the OECD Member Countries adopted in 2010 a Recommendation on Principles for Transparency and Integrity in Lobbying as guidance to decision-makers on how to promote good governance in lobbying. Another international organization, which began to regulate actively the practice of lobbying is the Commonwealth of Independent States. In order to intensify the work concerning legislative regulation of lobbying in the member countries of the CIS, at the XXII Plenary Session of the Interparliamentary Assembly of the CIS member states the Resolution No. 22-16 of November 15, 2003 was adopted, which approved a model law “On regulation of lobbying activity in state authorities”.

As a result of a reform implemented in 2017, the National Revenue Administration was established in place of the existing tax administration, tax inspection, and the Customs Service. The tax administration was consolidated this way. Although the efficiency of collecting VAT, excise tax and fuel duty increased, there are still areas which require an analysis of the definition, statistical and legal scope, and an increase in the efficiency of enforcing compliance with both the European Union’s regulations on customs and tax and the Polish ones. The purpose of this paper is to analyse the functioning of regulations which have been applicable since 1 March 2017 and which concern customs and tax inspection of the assessment and collection of charges, which are related the import and export of goods onto the customs territory of the European Union, by the new authorities.

As a result of a reform implemented in 2017, the National Revenue Administration was established in place of the existing tax administration, tax inspection, and the Customs Service. The tax administration was consolidated this way. Although the efficiency of collecting VAT, excise tax and fuel duty increased, there are still areas which require an analysis of the definition, statistical and legal scope, and an increase in the efficiency of enforcing compliance with both the European Union’s regulations on customs and tax and the Polish ones. The purpose of this paper is to analyse the functioning of regulations which have been applicable since 1 March 2017 and which concern customs and tax inspection of the assessment and collection of charges, which are related the import and export of goods onto the customs territory of the European Union, by the new authorities.

The subject of this paper is the taxation of a security transfer of title to a fixed property with the tax on goods and services. The author focuses on the interpretation of the term “paid supply of goods” in the context of a security transfer of title. The objective of the following considerations is to establish whether a security transfer of a title is a chargeable event, and to indicate the moment in which the tax becomes chargeable on the grounds of the goods and services tax and in the light of the absence of a consistent practice of the tax authorities as well as divergent judicial decisions of administrative courts on the matter.