Economic expansion requires jobs and safe, dignified workplaces. India’s growth story has remained incomplete due to a lack of required employment growth. The new law consolidates 44 primary labour laws into four main labour codes: pay, industrial relations, occupational safety, working conditions and social security. It was a conniving move on the part of the government to completely overhaul our labour laws. Given that we typically lack mean labourers by a significant margin, the question that remains is whether or not this can attract investors. There are several challenges that must be overcome before the economy can reach $5 trillion in 2025.

The article examines the application of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan and foreign countries. The attention is paid mainly to the identification of the main function and the system of application of this principle. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive when applying the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan. The authors conclude that the judge should apply the principle of the active role of the court in order to have a fair trial within a reasonable time.

It is quite paradoxical that such a negative social phenomenon as the ever-present threat of the SARS-CoV-2 virus and its mutations has contributed to the exceptional acceleration of the widespread adoption of the institution of remote hearings in the area of civil trials in our country. Traditional hearings are no longer the only possible format of public hearing in the form of a trial. We are now witnessing a new quality in the way in which civil cases are heard. Most importantly, the nature of the court’s communication with the parties and other participants of such proceedings has changed significantly in the broad sense due to the remote nature of the hearings. At present, the venue where a court gets to hear the parties to proceedings is not only the courtroom in a court building, but also cyberspace. Thus, the landscape and the structure of civil trials have changed considerably.

It is quite paradoxical that such a negative social phenomenon as the ever-present threat of the SARS-CoV-2 virus and its mutations has contributed to the exceptional acceleration of the widespread adoption of the institution of remote hearings in the area of civil trials in our country. Traditional hearings are no longer the only possible format of public hearing in the form of a trial. We are now witnessing a new quality in the way in which civil cases are heard. Most importantly, the nature of the court’s communication with the parties and other participants of such proceedings has changed significantly in the broad sense due to the remote nature of the hearings. At present, the venue where a court gets to hear the parties to proceedings is not only the courtroom in a court building, but also cyberspace. Thus, the landscape and the structure of civil trials have changed considerably.

The goal of this article is to discuss the problem of communicativeness of the instructions given by judges to non-professional participants of court trials. The background of the considerations are the results of empirical research on communication in the courtroom, which, among other things, show that judges are significantly active in giving instructions. Drawing on research conducted within the “plain language” movement, the author points out those elements of instructions that increase their communicativeness and those that decrease it. As a result, some hints were formulated as an answer on question – how to increase the communicativeness of instructions given at the court trial?

The amendment of Article 209 of the Polish Criminal Code, which took place on 31 May 2017 with the entry into force of the Act of 23 March 2017 on Amendments to the Criminal Code Act and the Act on Assistance to Persons Entitled to Maintenance (Journal of Laws of 2017, item 952), resulted in significant changes not only in the wording of the said article itself, but also in the picture of the statistical effects of pre-trial and court proceedings for the crime in question. From the very beginning, the said amendment raised questions and reservations among a substantial number of supporters of the established line of judicial decisions issued in the domain of criminal law. They considered it unfit to keep to the principles of adequacy and proportionality, as well as posing a threat to a significant – and ultimately destructive – increase in the burden on law enforcement authorities and the judiciary in general. At the same time, taking into account the main objectives and ideas of the amendment, which was intended in particular to improve the enforcement of maintenance obligations, it needs to be said that it proved ineffective and was actually a manifestation of penal populism.

Since 7th November 2019 most provisions of The Act of 4th July 2019 on Amendments to the Code of Civil Procedure and on Amendments to the Other Acts have been applied. Among many revolutionary changes to the rules on conducting trial proceedings, worth noticing is the content of the Code of Civil Procedure Art. 2711. It concerns the admissibility of evidence that differs from traditional oral form. This paper discusses the practical problems in admissibility and examination of evidence from witness testimony in written form. The issues summoning of the witness, forms, cautions and list of questions that are demanded to be answered in a witness statement are also addressed here. Furthermore, there are proposals of practical arrangements, so this new provision would be applied by court, therefore it would contribute to the efficiency of judicial procedures. This article published in January 2020 is considered to be the preliminary proposal to academic and practical discussion about legitimacy of implementation of described solution and its effective use.

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.

Franz Kafka’s novel The process is a timeless novel, still valid and alive. It is a description of the state of consciousness of a certain age, a certain view of the world of the author, of the enslavement of man by binding law, because the authorities decide on life and the fate of the human being. „The process” is a novel about a man, who is lost in his own life. The message of the thesis is that the man is born and condemned to live or to die without any explanation. Moreover he is subordinated to the top-down established rights. The judgment, which is death, falls on us without notice. The man is liable for everything that happens in his life and the world around him.

The forms of the Alternative Dispute Resolution (ADR) procedures were developed in the 1960s in the United States. The ADR is based on conciliation of the parties rather than judgement. This is possible through ensuring of broad participation of the parties in the dispute resolution. The ADR has as its objective the replacement of the adjudication process by forms of arbitration, contract, mediation and conciliation. The goal is to reach
a compromise. The basic division of the ADR is into the basic and the mixed (hybrid) forms. The basic ones include mediation, negotiations and arbitration. The hybrid forms include, for example, conciliation, fact finding, mini-trial. The ADR tools are successfully used for solving disputes in civil law, labour law, and administrative law and even in criminal cases. American agencies also apply ADR procedure called reg-neg to work out the content of legal regulations between officials and representatives of the parties concerned. ADR forms are also used in appeal proceedings. Despite unquestionable advantages of the ADR methods, there are critics who blame them for lowering the standard of the judiciary. There is no doubt that the application of ADR results in de-formalisation and simplification of the court proceedings and often in delegating the position of a negotiator or mediator to people without a legal background. However, this should not overshadow the greatest asset of the ADR, namely, the achievement of permanent agreements satisfactory for both parties.

Evidencing in medical trials for damages is difficult, and it requires not only knowledge in the field of law, but also in the field of medicine. The main impediment to fluent proceeding in medical matters which requires to be strongly emphasised is a vast difficulty for courts in taking evidence by an expert within reasonable time. Such evidence is generally necessary in every case because there is a necessity to learn medical facts from the perspective of specialist knowledge (Article 278 § 1 of CPC). The problematic nature of damages for so called medical errors has gained more and ore significance, both because of the growing number of claims and the damages paid in relation thereto and the rising costs of insurance against those events incurred by healthcare centers. In such legal circumstances, it is worth indicating the extent to which the evidence by an expert doctor is taken in medical proceedings and the significance thereof for a proper course of the proceedings. Nevertheless, frequently opinions by experts are rather far from being objective. Often, as a result of falsely interpreted solidarity of representatives of the profession, experts disregard the lack of knowledge and diligence of a doctor and the organisational omissions in health care centers. Their opinions are very often unclear ambiguous, posing different hypotheses and the possibilities of damage which do not assist the court in properly assessing the events in matters for compensation. Because of that, a higher standard of conduct for expert doctors should be considered, the manner in which they are appointed and an improvement of the effectiveness of their work

The creation of a unified empire by Charlemagne required quite a number of victims, one of whom was Tassilo III, the last duke of the Agilolfing dynasty reigning in Bavaria for two centuries. The history of his fall may awake the legal historians’ interest because the Frank monarch dethroned him not by means of a bloody military defeat but by a legal trial (now called show trial1) in 788. Before the trial Charlemagne isolated Tassilo both in foreign and home affairs by means of carefully measured diplomatic steps. Finally, putting him under his jurisdiction in 787, he made him his vassal. The main charges brought against Tassilo were infidelitas, i.e., unfaithfulness to the liege lord and harisliz, i.e., desertion – though the latter was claimed to had been carried out a quarter of a century before the legal trial. The given work aims to enlighten the legal background of this rather opaque case by contouring the historical context. First we consider Tassilo’s reign and the historical background of the trial, then we investigat the Franko-Bavarian conflict and the iuramenta fidelitatis of Tassilo. In the end, after highlighting the question of infidelitas and of harisliz we analyse the show trial itself.

In analysing the historical development of the Roman criminal procedure it should be observed that it followed the immediacy principle from the earliest times until the Justinian period. Adherence to this rule is best confirmed by the manner in which particular evidence was taken in the Roman criminal procedure, as well as by its judicial evaluation. The significance attached by Romans to the principle in question is corroborated primarily by an example of evidence obtained from a witness’s testimony. Already in the Republic period, testimony given personally by a witness before the court was preferred to testimony in the form of a document. Adherence to the immediacy principle in the Roman criminal procedure was manifested by the fact of preparing reports, initially comprising only certain decisions, e.g. judgements, and later all procedural actions. In the Empire period, the Roman criminal procedure was also ominated by the immediacy principle. The fact that the principle was adhered to is explicitly confirmed by the rescripts issued by Emperor Hadrian, expressing the demand that direct evidence be taken before the court, the reform of the irenarchae’s office implemented by Antoninus Pius, as well as a ban on legal assistance in criminal cases, confirmed by Justinian. Certain exceptions to the immediacy principle were allowed, such as submitting at a trial written laudationes prepared out of court and reports on interrogation of witnesses compiled during the proceedings, as well as admissibility of circumstantial evidence.

The paper shows an American model of the participation of the society in the administration of justice. It is crucial for the Polish discussion about the involvement of public factor in that manner. The analysis is divided between the constitutional right to trial by jury and the institution of justices of the peace, which is unique for the Anglo-Saxon legal system. Research conducted here is the result of a detailed analysis of the case law of the Supreme Court of the United States and selected state courts that shaped the views of the American academia on this issue. Hopefully, this brief study will help to reform the Polish judicial process.

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.