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 aim of the article is first of all an attempt to organize the ways of understanding the “form (of conventional actions in law)” and the contexts of the use of this term in detailed legal sciences. The author also considers the issue of performing conventional actions in law by non-linguistic actions and omissions, as well as the issue of significance of form ecognition in the context of identifying conventional actions in law. The results of the research presented in the paper (apart from their cognitive value) are to serve the development of the theoretical concept of conventional actions in law and, as far as possible, to put in order the dogmatic-legal discussion concerning the title issue.
Public administration undergoes constant changes in its basic forms of functioning and ongoing organisational structures. The introduced changes result from the necessity of adjusting to changes of scene and realized reforms of regime, which, next to changes in the public administration, concern the whole structure of a given state. The most important regime changes which are also connected with the structure of the public administration include changes in the territorial division of that state. The changes in this area result from social, economic and demographic changes, they are also very often dictated by a change in the legislator’s vision regarding the holistic system of managing public matters and the performance of public tasks. Nowadays, these traditional criteria are overlapped with dependencies resulting from computerisation processes that influence the application of administrative and legal regulations and the forms of the performance of public tasks.
The processes also concern the forms of contact and information flow between citizens and public entities. The management of a high level of computerisation in the area of administration processes, as observed in Estonia, allows for making the organisational structures of the state and public administration real while preserving, or even enhancing, the standards of the availability of public provisions and the performance of public tasks.
Many of the principles of taxation that were developed in the first half of the 20th century, such as the arm’s length principle and the definition of the term “permanent establishment” (PE) in determining the tax position of international business operations, when applied to the business models of the 21st century, often result in the under-taxation of businesses that are otherwise fully compliant with the laws as presently written and implemented. Compounding the problem is the fact that these rules and principles of taxation are broadly recognized and are enshrined in a wide network of tax treaties. This makes the task of modifying or updating these rules and principals extremely difficult. Using legal-dogmatic and legal-theoretical methods, the author will show that present attempts to tax e-commerce transactions unilaterally are not effective and that, under present conditions, even organizations such as the EU are unable to address the problem at hand. The OECD project, commissioned by the G-20, which seeks to create a set of international e-commerce taxation rules, faces some very serious difficulties – largely because a well-established “set in stone” complement of internationally accepted laws, rules, and regulations is serving to block the development of new, more appropriate rules. This phenomenon has become known as the lock-in effect or legal impossibilism. In order to effectively address this phenomenon, lawmakers on a global basis must understand the mechanisms that are blocking the effective evolution of business taxation.
The purpose of the article is the legal and comparative analysis of how the principle of the proportional restriction of the rights and freedoms of an individual is understood by the Constitutional Tribunal and the European Court of Human Rights. The author made a comparative profile of selected statements of the indicated judicial bodies, which refer to the essence, theoretical basis, structure and the practical application of the concept of proportionality, which allowed for distinguishing the basic similarities and differences between how proportionality is perceived by the CT and how it is viewed by the ECHR. The main thesis of the paper assumes that the most important and the most far-reaching differences concern the proportionality test structure as presented by both judicial bodies, as well as some practical aspects of the application of the test in the circumstances of specific actual states, however, the essence itself and its axiological basis remain similar in both cases.
The aim of the article is to offer proposals for reforming and speeding up health care in Ukraine, in particular by comparing the current system with a decentralized system. The methodology of this research follows basic social science methods (formal analysis, inductive method, deductive method, analogy, synthesis, etc.). With these methods, we address the issues of the health care reform in Ukraine. The article explores the issue of improving the health care in Ukraine. The Ukrainian government is carrying out two important reforms – a health care reform and a decentralization reform that includes changes in the municipal government. These two reforms have a huge potential for improving Ukraine’s health care system. Such potential remains largely untapped.
The workplace, a certain kind of organisation (which consists of people and, therefore, is social in nature), is crucial for perceiving labour law from the perspective of public administration. Put simply, if one wants to view the fulfilment of tasks or public functions within the realm of labour law, one always needs to bear in mind that although one might be referring to ‘the employer’, the discussion, in fact, refers to the workplace, with the employer being a certain ‘organ’ or emanation of the workplace. This reflection fills me with particular joy as a researcher because it necessitates the appreciation of the human ommunity at the workplace despite the considerable reluctance of the Polish labour law doctrine to accept the workplace as a human community and an administrative-legal construct of social organisation. I believe that the workplace must be recognised as a key institution in the theory of labour law and this is beyond any doubt. The social consequences of failing to recognise the workplace can be dramatic. Moreover, in a situation where other human communities are scarce, the importance of the community of the workplace (especially if one remembers its relative stability) turns out to be fundamental.
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 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.
The author’s goal is to analyze the concept of distributive justice and the possibility of its normative formulation in the Polish constitutional order. The starting point of consideration is the principle of social justice expressed in Article 2 of the Constitution and the model of distributive justice developed on its basis. The author, using formal-dogmatic, theoretical-legal and comparative-legal methods, points out the features of contributive justice and examines the normative and practical possibility of changing the paradigm of the constitutional fair state through a novel approach to justice focusing on equitable contribution, instead of the hitherto dominant distributive pattern. The result of the research conducted is the conclusion that, for reasons justified by the constitutional system and the praxeology of the workplace, contributive justice expands the concept of constitutional social justice in a valuable and desirable way.
The resolution of the municipal council on establishing the rules and conditions of situating the objects of street furniture, advertising boards and devices, gates, their dimensions, quality standards and kinds of materials, which they can be made of (it is called thelandscape resolution’ and also the ‘advertising resolution’ in literature), is a legal tool that serves landscape protection. However justified and necessary it is, the legal definition of terms that are basic for its content is accompanied by certain structural doubts that translate into the practice of applying law. In this article, the authors identify those flaws of the applicable regulation and make suggestions of their own legal solutions, especially introducing the legal definition of the term ‘advertising medium’ (replacing the current ‘advertising board’ and ‘advertising device’), as well as the definitions of individual types of media, to the legal order. The dogmatic and legal analysis is concluded with a draft of the appropriate legal provision.
The aim of the study is a comprehensive analysis of the legislation on the fight against illegal employment both at the supranational level of the European Union and at the EU Member States level, inter alia, in Poland, France, and Germany. The leading method in the study was the comparative-legal method. It helped to compare the peculiarities of the practice of European countries in the field of combating illegal employment in the EU Member States, as well as to identify how this issue is regulated. The results demonstrate that illegal employment destroys legal jobs, leads to the increase in unemployment and deprives the state of revenues such as tax and social contributions, etc. That is why international declarations and conventions should guarantee the right to work in the European Union for the citizens of non-European states.
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 purpose of this text is to answer the question of whether and to what extent traditional court symbols and rituals remain (and should remain) present at remote hearings. Some legal symbols have archetypal meaning. Others are born with their era, judged in a particular context. There are many of them in traditional courtrooms. Which remain on computer screen? The author investigates whether and to what extent visual symbols (e.g. elements of architecture, furnishings) are present at remote hearings. Considering courts and online courts (or ‘e-courts’) as heterotopias (in Michel Foucault’s sense), she looks deeper into and explores their properties.