{"title":"Recenzja monografii pt. Rzecznik Praw Dziecka. Zagadnienia ustrojowo-prawne","authors":"L. Żukowski","doi":"10.16926/gea.2021.01.13","DOIUrl":"https://doi.org/10.16926/gea.2021.01.13","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122867836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Everyone feels the need to have both a specific identity: the ability to identify with a given country and have a piece of land that one can call his home, a place on earth where one can pursue his life plans. The development of modern technologies brought about the occurrence of the more and more frequent phenomenon of „escape into virtual reality”, characteristic of modern people. The Internet is becoming a tool that, to some extent, allows us to fulfil a vision of creating a state that would function in a manner that meets our expectations. The development of modern technology has made these utopian visions possible. The article attempts to construct a definition of micronations, considering as many aspects of their functioning as possible. The author analyses the triad of state components: population – territory – power to answer the question posed in the introduction: can micronations be called states? In conclusion, the author analyzes the problem of whether micronations meet (or may soon meet) the criteria for being called subjects of international law.
{"title":"Micronations – an abstract concept or a challenge for contemporary international law?","authors":"Dorota Kaniewska","doi":"10.16926/gea.2021.02.31","DOIUrl":"https://doi.org/10.16926/gea.2021.02.31","url":null,"abstract":"Everyone feels the need to have both a specific identity: the ability to identify with a given country and have a piece of land that one can call his home, a place on earth where one can pursue his life plans. The development of modern technologies brought about the occurrence of the more and more frequent phenomenon of „escape into virtual reality”, characteristic of modern people. The Internet is becoming a tool that, to some extent, allows us to fulfil a vision of creating a state that would function in a manner that meets our expectations. The development of modern technology has made these utopian visions possible. The article attempts to construct a definition of micronations, considering as many aspects of their functioning as possible. The author analyses the triad of state components: population – territory – power to answer the question posed in the introduction: can micronations be called states? In conclusion, the author analyzes the problem of whether micronations meet (or may soon meet) the criteria for being called subjects of international law.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121075174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Polish Tourist Voucher is a kind of social benefit granted on the basis of the Act of 25 July 2020 on the Polish Tourist Voucher. The primary goal of the act is to help finance holidays for families with children, while the second one is to help the tourism industry in connection with the economic crisis caused by the COVID-19 pandemic. An innovative method of paying this benefit is based on the electronic form of distribution of tourist vouchers and their spending (redemption). As part of this article, the program assumptions will be discussed, also we will propose de lege ferenda conclusions.
{"title":"Form of payment of the Polish Tourist Voucher as an innovative model and method of payment for other social benefits supported by the ZUS – administrative and legal considerations","authors":"Ł. Jurek, D. Borek","doi":"10.16926/gea.2022.01.04","DOIUrl":"https://doi.org/10.16926/gea.2022.01.04","url":null,"abstract":"The Polish Tourist Voucher is a kind of social benefit granted on the basis of the Act of 25 July 2020 on the Polish Tourist Voucher. The primary goal of the act is to help finance holidays for families with children, while the second one is to help the tourism industry in connection with the economic crisis caused by the COVID-19 pandemic. An innovative method of paying this benefit is based on the electronic form of distribution of tourist vouchers and their spending (redemption). As part of this article, the program assumptions will be discussed, also we will propose de lege ferenda conclusions.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128809689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rapidly progressing computerisation of administrative procedures requires reflection on its consequences, both in the legal sphere and in the sphere of the practical functioning of administration. One of the most more important issues connected with topic is the impact that computerisation exerts on the right to good administration. Analysis of Italian legal regulations in this area reveals the need to find the right balance between the efficiency and speed of computerised administration and the protection of citizens’ interests. Facilitating the functioning of administration, which results from the implementation of modern information and communication technologies to administrative procedures, should contribute to better implementation of the right to good administration.
{"title":"Computerisation of administrative procedures and the right to good administration in Italy – selected issues","authors":"Beata Nuzzo","doi":"10.16926/gea.2021.02.34","DOIUrl":"https://doi.org/10.16926/gea.2021.02.34","url":null,"abstract":"Rapidly progressing computerisation of administrative procedures requires reflection on its consequences, both in the legal sphere and in the sphere of the practical functioning of administration. One of the most more important issues connected with topic is the impact that computerisation exerts on the right to good administration. Analysis of Italian legal regulations in this area reveals the need to find the right balance between the efficiency and speed of computerised administration and the protection of citizens’ interests. Facilitating the functioning of administration, which results from the implementation of modern information and communication technologies to administrative procedures, should contribute to better implementation of the right to good administration.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125598732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The issue of territorial division as a legal issue is one of the key issues in considering the territorial organization of the state. It is one of the most important factors influencing the organization of the state. The process of shaping the territorial division is specific, complex and based on a number of diverse, variable determinants. The determinant of shaping the territorial division is any condition relevant to the territorial structure of the state, reflecting specific needs or values resulting from the specific features of the land. Considering the multiplicity of such premises, the number and variety of these determinants is considerable. The aim of the article is an attempt to identify and systematize these determinants. An attempt will be made to determine the importance of individual determinants on the shape of the territorial division and the relationships between them. On the one hand, these determinants determine the shape of the territorial division, on the other hand, the territorial division influences their formation, change or updating. Therefore, they form a coherent system of mutual response to the needs of shaping the territorial structure of the state.
{"title":"Determinants of shaping the territorial division – administrative and legal approach","authors":"P. Niemczuk","doi":"10.16926/gea.2021.02.33","DOIUrl":"https://doi.org/10.16926/gea.2021.02.33","url":null,"abstract":"The issue of territorial division as a legal issue is one of the key issues in considering the territorial organization of the state. It is one of the most important factors influencing the organization of the state. The process of shaping the territorial division is specific, complex and based on a number of diverse, variable determinants. The determinant of shaping the territorial division is any condition relevant to the territorial structure of the state, reflecting specific needs or values resulting from the specific features of the land. Considering the multiplicity of such premises, the number and variety of these determinants is considerable. The aim of the article is an attempt to identify and systematize these determinants. An attempt will be made to determine the importance of individual determinants on the shape of the territorial division and the relationships between them. On the one hand, these determinants determine the shape of the territorial division, on the other hand, the territorial division influences their formation, change or updating. Therefore, they form a coherent system of mutual response to the needs of shaping the territorial structure of the state.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121914582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"[rec.] Na marginesie monografii A. Kazimierskiej- -Patrzycznej, Ochrona różnorodności biologicznej w systemie prawnej ochrony przyrody, Warszawa 2019, ss. 292","authors":"A. Lipiński","doi":"10.16926/gea.2021.02.42","DOIUrl":"https://doi.org/10.16926/gea.2021.02.42","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121561678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the presented analysis, the problem of legality of the restriction of freedom of movement introduced by the quarantine in connection with the announcement of an epidemic of infectious diseases among people and the legal solutions accompanying the fight against such states, in particular the COVID-19 pandemic, has been addressed. Particular attention has been paid to the legal basis for the actions of public authorities in the field of quarantine and its types have been indicated in view of the normative basis for its introduction. Emerging doubts related to the lack of a coherent normative vision for activities necessary to effectively counteract the effects of the epidemic have been highlighted. The differences between the epidemic state and a state of exception in the constitutional meaning have been pointed out, putting forward a thesis that the solutions functioning on the grounds of the Act on preventing and combating infections and infectious diseases in humans meet the criteria set out in the Constitution of the Republic of Poland for limitations to rights and freedoms of natural persons. Thus, the obligation to undergo quarantine has a statutory basis, which means that it is a legal way of limiting interpersonal contacts due to the epidemic threat.
{"title":"Quarantine as a legal measure to prevent and combat infectious diseases among people","authors":"Zbigniew Czarnik","doi":"10.16926/gea.2021.02.18","DOIUrl":"https://doi.org/10.16926/gea.2021.02.18","url":null,"abstract":"In the presented analysis, the problem of legality of the restriction of freedom of movement introduced by the quarantine in connection with the announcement of an epidemic of infectious diseases among people and the legal solutions accompanying the fight against such states, in particular the COVID-19 pandemic, has been addressed. Particular attention has been paid to the legal basis for the actions of public authorities in the field of quarantine and its types have been indicated in view of the normative basis for its introduction. Emerging doubts related to the lack of a coherent normative vision for activities necessary to effectively counteract the effects of the epidemic have been highlighted. The differences between the epidemic state and a state of exception in the constitutional meaning have been pointed out, putting forward a thesis that the solutions functioning on the grounds of the Act on preventing and combating infections and infectious diseases in humans meet the criteria set out in the Constitution of the Republic of Poland for limitations to rights and freedoms of natural persons. Thus, the obligation to undergo quarantine has a statutory basis, which means that it is a legal way of limiting interpersonal contacts due to the epidemic threat.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115088323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Article describes the role of an expert witness psychologist in the examination of an aggrieved minor and a minor witness carried out pursuant to Articles 185a and 185b of the Code of Criminal Procedure. The role is presented within the context of selected aspects connected with the activities of an expert witness psychologist at the examining of a child in criminal procedure. Shortages in current solutions have also been noted. Furthermore, as regards the said shortages, de lege ferenda postulates were formed.
{"title":"The Role of an Expert Witness Psychologist in the Examination of a Child Pursuant to Article 185a and 185b of the Code of Criminal Procedure – the Evaluation of Legal Regulations","authors":"Anna Deryng-Dziuk","doi":"10.16926/gea.2022.01.02","DOIUrl":"https://doi.org/10.16926/gea.2022.01.02","url":null,"abstract":"The Article describes the role of an expert witness psychologist in the examination of an aggrieved minor and a minor witness carried out pursuant to Articles 185a and 185b of the Code of Criminal Procedure. The role is presented within the context of selected aspects connected with the activities of an expert witness psychologist at the examining of a child in criminal procedure. Shortages in current solutions have also been noted. Furthermore, as regards the said shortages, de lege ferenda postulates were formed.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"175 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132241776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The public interest is a value which is and should be protected by law. Therefore, it is important that the concept of public interest has been subjected to the redefinition, due to the changing needs of society. The article presents definitions and concepts of the notion of public interest and its changes over the years. In addition, the selected number of issues in the field of administrative law against the background of the understanding and interpretation of the term of public interest.
{"title":"A few remarks on the public interest as a protected value – the direction of changes","authors":"Paulina Bieś-Srokosz","doi":"10.16926/gea.2021.01.01","DOIUrl":"https://doi.org/10.16926/gea.2021.01.01","url":null,"abstract":"The public interest is a value which is and should be protected by law. Therefore, it is important that the concept of public interest has been subjected to the redefinition, due to the changing needs of society. The article presents definitions and concepts of the notion of public interest and its changes over the years. In addition, the selected number of issues in the field of administrative law against the background of the understanding and interpretation of the term of public interest.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"29 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132885963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Taxation of forestry operators in connection with the establishment of transmission easements on their land – recent case law","authors":"Przemysław Szot, Justyna Zając","doi":"10.16926/gea.2019.02.12","DOIUrl":"https://doi.org/10.16926/gea.2019.02.12","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"42 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133069658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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