The research objective of this article is to analyse the legal aspects concerning the placement of cemeteries in urban space. It will aim to reconstruct legal definitions of cemeteries and to provide an answer to the research question concerning the Polish legal regulations on the impact of cemeteries on the shaping of the social environment. Analysis will be made of the location of other buildings within their boundaries, the impact of cemeteries on the use of property rights and economic activity in their vicinity as well as cemeteries as places of historical memory. The findings conclude that the Law on Cemeteries and Burial of the Dead is an outdated act subject to increasing criticism. While in the case of a cemetery, understood as a construction object, we are able to use the provisions of the construction law, in the case of defining its social dimension, this is unfortunately impossible.

Marcus Tullius Cicero, who was an active politician, diplomat, philosopher, and statesman during the declining period of the Roman Republic, became an ideal inspiration for leading figures of the American Revolution because of his attitudes and scholarly activities. The influence of his views can be seen in the political system and the Federal Constitution of the United States. In addition, the natural law he advocated and the concept of private property became the foundation on which the American legal system is based.

The crimes of armed robbery and robbery with a deadly weapon have always been the most pervasive, harmful crime against property in Hungary and are mostly associated with male perpetrators since. However, there are also female perpetra­tors committing the crimes of armed robbery or robbery committed with a deadly weapon. Despite the availability of the judicial decisions in the public judicial database, the characteristics of these female perpetrators – including their motiva­tions and the judicial procedures – have never been analysed. This paper will look into how female perpetrators mostly act together with male perpetrators and mostly motivated by financial difficulties. The females in question are almost exclusively adults outside of a domestic relationship and are not parents. They typically have a low­level education, and as a result have lower­paying blue­collar jobs.

The publication looks into the conflict that occurs between values protected under the Constitution of the Republic of Poland – i.e. the right to privacy and the protection of communication versus the protection of property rights – in a situation of declaration of bankruptcy. Acting pursuant to Article 176(2) of the Bankruptcy Law, the legislator has a priori given preference to the protection of property rights over the right to privacy and the protection of communication. The conflict in question has been resolved in favour of bankruptcy creditors. The legislator’s adoption of a hierarchy of values in the area of bankruptcy law does not, of course, deal with all the problems arising in the field of the conflict between these values, and does not mean that the solution chosen is in accordance with hierarchically higher norms – meaning constitutional norms. In principle, the Constitution of the Republic of Poland makes the legislator free to resolve conflicts of competing values protected under this normative act. What is important is that this conflict be resolved by the – legislator in a way that meets the requirements of Article 31(3) of the Constitution of the Republic of Poland.

The publication looks into the conflict that occurs between values protected under the Constitution of the Republic of Poland – i.e. the right to privacy and the protection of communication versus the protection of property rights – in a situation of declaration of bankruptcy. Acting pursuant to Article 176(2) of the Bankruptcy Law, the legislator has a priori given preference to the protection of property rights over the right to privacy and the protection of communication. The conflict in question has been resolved in favour of bankruptcy creditors. The legislator’s adoption of a hierarchy of values in the area of bankruptcy law does not, of course, deal with all the problems arising in the field of the conflict between these values, and does not mean that the solution chosen is in accordance with hierarchically higher norms – meaning constitutional norms. In principle, the Constitution of the Republic of Poland makes the legislator free to resolve conflicts of competing values protected under this normative act. What is important is that this conflict be resolved by the – legislator in a way that meets the requirements of Article 31(3) of the Constitution of the Republic of Poland.

In this article, the Polish institution of administrative entry to the area in order to carry out repair, maintenance or removal of failures of transmission equipment will be presented. It entitles to public-law interference in the constitutionally protected property right, under the condition that the determinants of its application have been met. The aim of the analysis is to indicate that the expropriation nature of this regulation, which is a specific form of expropriation, requires a strict interpretation of the premises leading to the restriction of the ownership for purposes related to transmission activity. An attempt will be made to demonstrate that the restriction of the ownership made on the basis of an administrative decision meets the expropriation standards applicable in the Polish legal system. The presented issues are not only of purely theoretical importance, but will also be used in the application of legal regulations by both public administration authorities and transmission companies applying for a permission.

The consequence of establishing a health resort is the special rigour of protecting the territory covered by it. The rigour consists i.a. in a ban on mining mineral resources other than natural medical resources, engaging in land development or other works that influence water relations as well as engaging in activities that have a negative influence on the physiography of the health resort. The facts of the case lead to a conclusion that it also does not concern the inside of the earth’s crust ‘under’ the health resort. The dispute as the subject of the judgement voted on concern mining hard coal from a deposit lying several hundred metres below the surface of the resort. The company has had a concession for mining it for years, while it applied for a confirmation of an annex to the plan for moving the mining establishment engaging in such activity. According to the Supreme Administrative Court, the opinion of the municipal executive authority, in whose opinion the change that the company applied for would violate the purpose of the property defined by the health resort status, was lawful. However, many arguments speak for the incorrectness of the assessment.

Abstract The question of compensation of Polish citizens for their property left beyond the Bug river after the population exchanges is among the most complex social, economical and legal issues resulting from the World War II to be solved by the Polish State. Although more than 70 years have passed since this issue has arisen, it remains the subject of numerous national and European court rulings and legislative actions; the significance of the legal solution of the described issue is bolstered by the fact that it is being treated as a “proving ground” for the broader question of reprivatisation. This article focuses on the current Act of 8 July 2005 which was aimed at providing a final solution for settling the claims. However, during the last few years of this act in operation numerous questions and disputes have arisen leading to more than 600 administrative court and Constitutional Tribunal rulings. The subject of this article will be focused on current controversies regarding the subject including the requirements of residence on the former territory of Poland on 1 September 1939, exclusion of non- Polish nationals who are heirs to property owners from entitlement to compensation and legal consequences of nationalization by Soviet authorities during World War II and its aftermath.

The subject of the article is the principle of specialty which, in the Polish legal system, limits the scope of protection of the industrial design. In fact, the scope of protection of the industrial design in the Polish law is much narrower than the protection under the provisions of the Directive 98/71. In consequence, an increasing number of Polish applications in OHIM results from the principle of specialty and higher charges related to the protection of the industrial design.

The subject of this article covers the relationship between literature and the law. An example of this text is The Code of Nature from 1755. Morelly’s composition is beauty, simplicity and sincerity. Morelly, and before him Rousseau, are the eulogists of Nature, exhorting us to live according to her eternal, immutable and perfect laws. On the other hand, he stays true to Cartesian tradition cult of reason and power. The Code of Nature shall be treated as the enlightenment utopia of a communist State. Life in accordance with Nature is a happy life To achieve this, the abolition of private property in social relations is required. The Code of Nature is seen as a harbinger of coming processes of codification and consolidation of the idea of modern constitutionalism.

This article presents the general characteristics of the joint property of the spouses in family law and the possible ways of division. Particular attention was paid to the possibility of dividing them upon the request of one spouses in the divorce decree. In addition, the results of own research of court files explored in Warsaw in the 2016/2017 academic year regarding in which the court ruled on the division of joint property in a divorce decree and after a divorce. Finally, the article also contains conclusions and observations constructed after the conducted research.

The subject matter of this paper is the analysis of the phenomenon of subordination
as a manifestation of the relationships between political authority and society and of the phenomenon of equality as an inherent right of individuals. The author has made an attempt to examine the mutual relationships between the two phenomena, especially from the perspective of the impact on the establishment of relationships between political authority and society.

Academics and faculty members are entangled in many interests. Selfless science for cognitive purposes is a thing of the past. There is a constant game of the power over knowledge. Apart from scientists, many entities with various interests are participants of the game. They are: politicians, officials, academic administration, research sponsors, accreditation agencies, publishers, resort scientific institutes, industry, business. The scientists themselves sometimes work for the truth and sometimes they work for profit; they create knowledge which is public property, or when they are employed commercially, e.g. by the industry, they create private knowledge. This paper presents five factors which may contribute to restricting the cognitive autonomy of the scientists.

One of the most effective systems of protection of human rights is the system defined in the European Convention of Human Rights. Until 2010, the European Court of Human Rights had rarely handled tax cases because, in principle, it excluded this category of cases from its jurisdiction in the field of the protection of taxpayer rights. Such cases had always been qualified – in accordance to the requirements of Article 6 of the European Convention on Human Rights – as criminal or civil (property-related) cases. A major change in the ECHR’s approach to cases featuring tax-related aspects occurred in 2011. Given the protection of the right to property as set out in Protocol No. 1, the ECHR ranted taxpayers protection related to the return of value added tax in situations in which the taxpayer fulfilled their record-keeping obligations. The adopted trend in the issued decisions is seen to be dominant, but to be considered grounded, a greater number of ECHR judicial decisions than at present is needed. There is no doubt that the new tendency in the judicial decisions issued by the ECHR may have a major impact on the decisions issued by administrative courts in Poland.

Academics and faculty members are entangled in many interests. Selfless science for cognitive purposes is a thing of the past. There is a constant game of the power over knowledge. Apart from scientists, many entities with various interests are participants of the game. They are: politicians, officials, academic administration, research sponsors, accreditation agencies, publishers, resort scientific institutes, industry, business. The scientists themselves sometimes work for the truth and sometimes they work for profit; they create knowledge which is public property, or when they are employed commercially, e.g. by the industry, they create private knowledge. This paper presents five factors which may contribute to restricting the cognitive autonomy of the scientists.

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.