Mediation is an institution that has been in demand in all modern legal systems for the last twenty years as a fast, reliable and inexpensive alternative method in the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti-nuous effort to ensure compliance with comparative law systems which are adopted by the EU and international legislation in the modern sense, including mediation. In Turkey’s case, specialization and institutionalization targets were envisaged regarding mediation. Codification frameworks devoid of systematic planning were carried out in order to achieve these targets. Contrary to the concept of mediation, the areas where mandatory mediation applies have been expanded. On the other hand, for Uzbekistan’s case, which accepted mediation six years after Turkey, in 2018, and did not adopt mandatory mediation, Turkey’s disappointing mediation experience can be regarded as a lesson. This experience is valid not only for Uzbe-kistan but also for all legal systems that include mediation.

The article is focused on financing of Polish support to displaced persons arriving to Poland from Ukraine after 24 February 2022, so after the Russian invasion on Ukraine. Poland has introduced a new statute and has amended general rules applicable in mass influx situations. That area of law is regulated also by Directive 2001/55/EC which establishes a minimum standard of displaced persons’ rights, leaving their financing primarily to national budgets. The Council Implementing Decision (EU) 2022/382 is the first law which has activated the Directive. Under the amended Polish law, support to persons from Ukraine is subject to the avail-ability of national financial resources, which contradicts the principles of public finance law because Polish law does not establish predictable sources of financing, and spendings are not controlled by the Polish Parliament.

Digitisation is changing not only our society but also markets, strategies and business models, which has increased competition in many markets. At the same time, large companies with a digital business model, such as Amazon, in particular, are experiencing a rapid rise, which has triggered a debate about fair competitive conditions. However, it is not only the company’s significant market power that is a cause for concern. The increasing vertical integration of platform operators such as Amazon, which makes them direct competitors of their own platform users, also raises competition law issues. Against this backdrop, it is the aim of this article to analyse Amazon’s business model in more detail from a competition law perspective. The analysis aims to identify which parts of the company’s business model and the resulting strategies may be seen as problematic under competition law.

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.

The main thesis of the article concerns the pluralism of expert legal language. Such an assumption contradicts the tradition of development of legal dogmatics, which, especially in its conservative approach, assumes monism of legal language. New trends in social sciences introduce post-positivist approaches that suggest a multiplicity of research perspectives. This multiplicity is also translated into modifications of the conceptual grid. The Eurocentric vision of law is one of many parallel narratives, and the reception of European models has nowadays an increasingly conscious and functionally justified character.
The various narratives which condition the understanding of law in many contexts related to who interprets a given norm. This is not strictly related only to the legal family itself, or to the particular system of law in which the interpreted norm is anchored. It is rather about pluralism connected with diversity of perception resulting directly from conditions connected with the researcher-interpreter himself. It may be an expert in law connected with an academic centre, or a judge, whose education, cultural environment he comes from, mother tongue he speaks, or specific professional experience influence his understanding of the world and his understanding of law. In this case, there is a multiplicity of narratives and a plurality of legal language.

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.

Primary elections are a new element in the ‘periodical table’ of Hungarian politics and were already used for the selection candidates in some instances in 2019. In preparation for the upcoming parliamentary elections in 2022, a cooperation scheme is taking shape among opposition parties, involving all currently decisive players on that political side. Entailing a scope broader than ever before, this cooperation also involves the organisation of primary elections for selecting the candidate for the Prime Minister and the candidates in single-member constituencies. The primaries are organised by the six opposition parties running together in the 2022 Hungarian parliamentary election. If held, it would be the first countrywide primary election in Hungary. This study looks beyond the specific solutions that may be applied in relation to the upcoming primaries. It provides a working definition of the term itself, briefly reviews the international and Hungarian antecedents of primaries, also outlining the reasons why this solution came to the fore in Hungary. Then the study sets out to predict the ‘evolutionary trajectory’ along which primary elections will become institutionalised here, spelling out the potential phases of development. In the latter context, this paper touches on the private law and public law implications of primaries and raises a scenario in which government parties also begin to apply this new political tool.

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.

This article provides only a small contribution to the inevitable scholarly discussion on whether excluding the primacy of the literal rule in favour of the priority of a pro-EU teleological interpretation in the judicial and administrative applications of Polish tax law is really reasonable. Firstly, this article sets out to discuss the stages of the transposition of the concept of a household from EU legislation into the provisions of the Excise Duty Act. Secondly, it presents the evolution in the lines of the interpretation of this term as used by tax authorities and national courts. Thirdly, it demonstrates the negative legal and fiscal consequences that are caused in practice by the definition of this term as framed by the Polish legislator.

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 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 research objective of the publication is expressed in its content devoted to the
general analysis of the solutions adopted in the draft regulation of the European
Union on the digital asset market. The entry of this legal act into force will fill the
so-called ‘regulatory gap’ as the digital asset sector is not regulated in the EU. The
research approach has been determined by the subject of the legal analysis, namely
the provisions of the proposed new EU regulation on the digital asset market. The
study describes the proposed legal regulation and its systemic importance, as well
as indicates the similarity of the proposed solutions to well-known legal institutions
in the area of the capital market. The main theses are as follows: the proposed legal
act will order the digital asset market in terms of law (firstly); the proposed legal act
in terms of content is based on solutions provided for in the capital market law
(secondly); the proposed legal act provides for legal institutions ensuring the
so-called safety of trading (thirdly). The results should be considered original
because the publication constitutes a pioneering study on the proposed legal act.
With its entry into force (the date is unknown), a discussion on specific topics will
begin in the science of law. Therefore, it is worth speaking up and evaluating the
proposed regulation before the new law is passed. The cognitive value of the publication results from its pioneering nature, and the impact on social relations is
significant. The digital asset market is developing extremely dynamically, and the
interest in this sector is very high.

The research objective of the publication is expressed in its content devoted to the general analysis of the solutions adopted in the draft regulation of the European Union on the digital asset market. The entry of this legal act into force will fill the so-called ‘regulatory gap’ as the digital asset sector is not regulated in the EU. The research approach has been determined by the subject of the legal analysis, namely the provisions of the proposed new EU regulation on the digital asset market. The study describes the proposed legal regulation and its systemic importance, as well as indicates the similarity of the proposed solutions to well-known legal institutions in the area of the capital market. The main theses are as follows: the proposed legal act will order the digital asset market in terms of law (firstly); the proposed legal act in terms of content is based on solutions provided for in the capital market law (secondly); the proposed legal act provides for legal institutions ensuring the so-called safety of trading (thirdly). The results should be considered original because the publication constitutes a pioneering study on the proposed legal act. With its entry into force (the date is unknown), a discussion on specific topics will begin in the science of law. Therefore, it is worth speaking up and evaluating the proposed regulation before the new law is passed. The cognitive value of the publication results from its pioneering nature, and the impact on social relations is significant. The digital asset market is developing extremely dynamically, and the interest in this sector is very high.

The aim of this article is to show the structural similarities between legal discourse and film, and cinematographic works that can be useful in teaching law. For this purpose lacanian psychoanalysis is used (in the version presented by Slavoj Žižek) and the movies – Triumph of Will, Battleship Potemkin, Bezmiar sprawiedliwości, Twelve Angry Men and Dead Poets Society. Based on the three-level concept of meaning i.e. Imaginary, Symbolic and Real levels, the author shows that the centre point of legal discourse and film is the Great Other. Motion pictures as well as the law require their subjects to adopt the position of the entity to which the Great Other directs his message. Both discourses have the opportunity to abuse that position.

A large number of opinions have been expressed about the decision C-131/12. Initially, Google’s defeat has been widely welcomed as the giant had suffered a bitter defeat. After a first joy about the containment of Google’s arrogance it became clear that the excessive claim for right to be forgotten will dry out our sources of information. Can privacy be seen as a fear for diversity of opinion? It may be due to the tension between data and reputation protection on the one hand and the possibility to protect against lies and fraud on the other hand. It is not just Google’s freedom of expression, which is in the centre of our interests. We want to find informations and Google is helping us in this regard. Forcing Google to suppress the information flow can not hinder Google to earn money. If we go through the opinion of the Advocate General and compare it with the reasoning of
the ECJ, then we come to the conclusion, that the ECJ had to decide in this a way on the grounds of the current legal status. The ECJ was standing with the back to the wall, because it has to apply the current law and this left no option open. Thus, the ECJ could not follow the opinion of the Advocate General. In the following I will shortly summarize the Spanish Data Protection Authority (SDPA) decision, before moving to the Advocate General opinion and the judgment of the ECJ and finally provide an outlook on possible
future development in this regard.

The article is focused on critical infrastructure protection in the field of selected liability issues. Critical infrastructure is significant from the country’s integrity and continuity point of view at all levels: economic, social and political. The process of sectoral markets liberalisation and the spread of international connections of these markets (e.g. arising of transeuropean networks) have resulted in shared responsibility on critical infrastructure protection. Protection duties have been divided between private (infrastructure operators) and public authorities. It is seemingly clear which one: the former or the latter bears responsibility for the protection of critical infrastructure during and after its disruption. In fact clarificatio of this area poses a problem at the level of prevention, preparedness, response, and recovery. The critical infrastructure protection becomes a jigsaw puzzle of imperium and dominium relations that results in sophisticated picture of responsibility.