In proceedings in social insurance cases, the system of appealing of decisions is based on a noncompetitive system of verification of decisions with the use of ordinary legal remedies. Due to the model of of appealing of decisions in the proceedings before the common court adopted in Article 83 act 2 of the SysUbSpołU, the possibility of the right to an administrative appeal was excluded, as well as the right to a complaint to an administrative court. However, this is not an absolute exclusion. Article 83 act 4 of the SysUbSpołU repealed the formula of a judicial appeal in favour of the construction of an application for reconsideration of the case and, as a further consequence, a complaint to an administrative court in particular categories of cases. The methodology and systemic coherence of such a procedure, the legal nature of the application for reconsideration of the case, as well as the legitimacy of excluding the option of legal protection in the proceedings before the common court in favour of the administrative court review remain to be considered.
{"title":"Administrative legal remedies against decisions in social insurance cases","authors":"Małgorzata Gajda-Durlik","doi":"10.16926/gea.2021.02.26","DOIUrl":"https://doi.org/10.16926/gea.2021.02.26","url":null,"abstract":"In proceedings in social insurance cases, the system of appealing of decisions is based on a noncompetitive system of verification of decisions with the use of ordinary legal remedies. Due to the model of of appealing of decisions in the proceedings before the common court adopted in Article 83 act 2 of the SysUbSpołU, the possibility of the right to an administrative appeal was excluded, as well as the right to a complaint to an administrative court. However, this is not an absolute exclusion. Article 83 act 4 of the SysUbSpołU repealed the formula of a judicial appeal in favour of the construction of an application for reconsideration of the case and, as a further consequence, a complaint to an administrative court in particular categories of cases. The methodology and systemic coherence of such a procedure, the legal nature of the application for reconsideration of the case, as well as the legitimacy of excluding the option of legal protection in the proceedings before the common court in favour of the administrative court review remain to be considered.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"7 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":"114961262","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":"Dilemmas of mediation practice – remarks and questions on the impartiality-and-neutrality principle","authors":"Adam Zienkiewicz","doi":"10.16926/gea.2019.01.01","DOIUrl":"https://doi.org/10.16926/gea.2019.01.01","url":null,"abstract":"","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":"128210974","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}
Generally, health care services that are intended to prevent, save, restore, and improve health are exempt from VAT. However, not every activity meets the requirements set by EU or national law. The rules regarding VAT exemptions for medical services are not precise enough to avoid controversy. Case law and tax interpretations help determine whether a medical service is exempt. However, it is not consistent. It is problematic to assess whether comprehensive services, services related to plastic surgery, and recently also medical advice by phone or internet are eligible for VAT exemption. These problems were signaled in the article.
{"title":"Controversy over the scope of the term “medical care” in the context of its exemption from value added tax","authors":"M. Czerwińska","doi":"10.16926/gea.2021.02.40","DOIUrl":"https://doi.org/10.16926/gea.2021.02.40","url":null,"abstract":"Generally, health care services that are intended to prevent, save, restore, and improve health are exempt from VAT. However, not every activity meets the requirements set by EU or national law. The rules regarding VAT exemptions for medical services are not precise enough to avoid controversy. Case law and tax interpretations help determine whether a medical service is exempt. However, it is not consistent. It is problematic to assess whether comprehensive services, services related to plastic surgery, and recently also medical advice by phone or internet are eligible for VAT exemption. These problems were signaled in the article.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"34 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":"125718516","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":"Expression from the Principles of Criminalistic Tactics","authors":"Przemysław Rusinowski","doi":"10.16926/gea.2019.02.10","DOIUrl":"https://doi.org/10.16926/gea.2019.02.10","url":null,"abstract":"","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"17 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":"126178602","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}
This paper presents, on the example of selected European countries, including Poland, changes in the image of crime occurring as a result of the onset of the global COVID-19 pandemic in 2020. The results of studies conducted in the first months of the pandemic, although limited by the availability of research results, allow only a partial grasp of the shaping trends of changes in the social phenomenon of crime. Those findings are extremely interesting because – for the first time – we are dealing with the occurrence of a phenomenon whose impact is global, and in this context, we can also assess changes in the trends of crime: its size, nature and types.
{"title":"COVID-19 and crime – a look from European and national perspectives","authors":"Konrad Buczkowski","doi":"10.16926/gea.2021.02.25","DOIUrl":"https://doi.org/10.16926/gea.2021.02.25","url":null,"abstract":"This paper presents, on the example of selected European countries, including Poland, changes in the image of crime occurring as a result of the onset of the global COVID-19 pandemic in 2020. The results of studies conducted in the first months of the pandemic, although limited by the availability of research results, allow only a partial grasp of the shaping trends of changes in the social phenomenon of crime. Those findings are extremely interesting because – for the first time – we are dealing with the occurrence of a phenomenon whose impact is global, and in this context, we can also assess changes in the trends of crime: its size, nature and types.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"35 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":"116997609","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}
This article presents the issues related to changes in the construction law with particular emphasis administrative reform based on the assumptions of the Polish Order 2021. This elaboration consists of an introduction in which underline a lot of changes in construction law. Next, the text classifies the construction law against of the administrative law system. The main part of the article is the legal analysis of the concept about administrative reform in the area of the law of spatial planning and comparative approach this changes in construction law. The text contains a short critical summary of the changes made in the construction law. In the research analysis were used: legal literature, normative acts and judicial jurisprudence.
{"title":"Zmiany w prawie budowlanym ze szczególnym uwzględnieniem reformy administracyjnej objętej założeniami Polskiego Ładu 2021","authors":"M. Paradowski","doi":"10.16926/gea.2022.01.10","DOIUrl":"https://doi.org/10.16926/gea.2022.01.10","url":null,"abstract":"This article presents the issues related to changes in the construction law with particular emphasis administrative reform based on the assumptions of the Polish Order 2021. This elaboration consists of an introduction in which underline a lot of changes in construction law. Next, the text classifies the construction law against of the administrative law system. The main part of the article is the legal analysis of the concept about administrative reform in the area of the law of spatial planning and comparative approach this changes in construction law. The text contains a short critical summary of the changes made in the construction law. In the research analysis were used: legal literature, normative acts and judicial jurisprudence.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"36 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120920832","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 aim of the article is to present the protection of human rights in inspection in cases of killings. Analisys will be presented by aspects, which have been created by forensic tactics and forensic technique. Presentation of titular institution will covered the effects of carrying out the action on the dection process of the perpetrators of killings. The title factors in the protection of human rights in the conduct of investigations of killing cases include the essence of the inspection, rules for conducting the inspection, qualitative and quantitative selection of the inspection group, izolation of the inspection site, inspection stages, guide with a tracking dog, rules of inspection documentation, technical and process securing of the subject of inspection, post-inspection note, supplementary inspection, repeated inspection, continuation of the case. The factor of human rights protection in this article is understood as any activity of the organs of criminal proccedings related to the inspection of the scene of crime, aimed at respecting human rights. The measure of observance of human rights is the determination of a certain sequence of activities in the detection process, which is then followed during the implementation of this process, as well as the determination of the maximum quality of these activities, the intensity and content of the information stream stimulating the detection process as a whole, as well as individual segments or stages.
{"title":"Aspects of of protection human rights in inspection in cases of killings","authors":"K. Juszka","doi":"10.16926/gea.2021.02.21","DOIUrl":"https://doi.org/10.16926/gea.2021.02.21","url":null,"abstract":"The aim of the article is to present the protection of human rights in inspection in cases of killings. Analisys will be presented by aspects, which have been created by forensic tactics and forensic technique. Presentation of titular institution will covered the effects of carrying out the action on the dection process of the perpetrators of killings. The title factors in the protection of human rights in the conduct of investigations of killing cases include the essence of the inspection, rules for conducting the inspection, qualitative and quantitative selection of the inspection group, izolation of the inspection site, inspection stages, guide with a tracking dog, rules of inspection documentation, technical and process securing of the subject of inspection, post-inspection note, supplementary inspection, repeated inspection, continuation of the case. The factor of human rights protection in this article is understood as any activity of the organs of criminal proccedings related to the inspection of the scene of crime, aimed at respecting human rights. The measure of observance of human rights is the determination of a certain sequence of activities in the detection process, which is then followed during the implementation of this process, as well as the determination of the maximum quality of these activities, the intensity and content of the information stream stimulating the detection process as a whole, as well as individual segments or stages.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"66 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":"127487277","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}
By the Act of 11 January 2018 amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public bodies, a new institution was introduced to local government in the form of a vote of confidence. It was she who became the subject of the analysis of this study. While the procedure of adopting a resolution on granting a vote of confidence does not arouse controversy, the question arises whether it is possible to pass a resolution with the opposite content in the same procedure, i.e. not to pass the vote? This is largely the result of the fact that the legislator, in the regulations concerning the vote of confidence, additionally provided for the construction of a legal fiction, modeled on the solutions that had been operating for years in the local government, regarding the discharge procedure, establishing the presumption that failure to adopt a resolution on granting a vote of confidence to the tantamount to adopting a resolution not to grant it. Adopting such a structure raises further doubts which the author submits to a thorough analysis and tries to answer the bothering questions.
{"title":"Admissibility of adopting a resolution not to grant a vote of confidence to the commune head","authors":"M. Gurdek","doi":"10.16926/gea.2022.01.03","DOIUrl":"https://doi.org/10.16926/gea.2022.01.03","url":null,"abstract":"By the Act of 11 January 2018 amending certain acts in order to increase the participation of citizens in the process of selecting, functioning and controlling certain public bodies, a new institution was introduced to local government in the form of a vote of confidence. It was she who became the subject of the analysis of this study. While the procedure of adopting a resolution on granting a vote of confidence does not arouse controversy, the question arises whether it is possible to pass a resolution with the opposite content in the same procedure, i.e. not to pass the vote? This is largely the result of the fact that the legislator, in the regulations concerning the vote of confidence, additionally provided for the construction of a legal fiction, modeled on the solutions that had been operating for years in the local government, regarding the discharge procedure, establishing the presumption that failure to adopt a resolution on granting a vote of confidence to the tantamount to adopting a resolution not to grant it. Adopting such a structure raises further doubts which the author submits to a thorough analysis and tries to answer the bothering questions.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"103 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":"123164562","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 aim of the article is an attempt to present the concept of modern administration which is currently associated with the modernization of administration and its reforms. Currently, under the banner of modernization of administration a wide discussion has started, focused on the concept of open public administration, i.e. administration committed to civic support. Nowadays, the ability to adapt public administration to the challenges and expectations of modern society is becoming particularly important, especially in such areas as accountability and cooperation in the provision of services with civil and private entities.
{"title":"A few reflections on the understanding of modern public administration","authors":"Jolanta Blicharz, Lidia Zacharko","doi":"10.16926/gea.2022.01.01","DOIUrl":"https://doi.org/10.16926/gea.2022.01.01","url":null,"abstract":"The aim of the article is an attempt to present the concept of modern administration which is currently associated with the modernization of administration and its reforms. Currently, under the banner of modernization of administration a wide discussion has started, focused on the concept of open public administration, i.e. administration committed to civic support. Nowadays, the ability to adapt public administration to the challenges and expectations of modern society is becoming particularly important, especially in such areas as accountability and cooperation in the provision of services with civil and private entities.","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":"114099148","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 development of information technology and the growing use of electric devices have had a significant impact on the Hungarian justice system. Furthermore, the recent pandemic which was caused by the coronavirus (COVID-19) also showed that in some cases it can be vital to use electronic communication in legal procedures. In our current study, we aim to analyse the recent changes and trends that affected the Hungarian civil and criminal procedures. We introduce the reader that how these procedures became more and more digitalized throughout recent years. Our article explores the practical problems and difficulties which came from the new ways of communication. After the analysis, we give proposals for the future on how the justice system can further improve.
{"title":"The Digitalization of the Hungarian Justice system","authors":"D. Tóth, Nárcisz Projics","doi":"10.16926/gea.2022.01.15","DOIUrl":"https://doi.org/10.16926/gea.2022.01.15","url":null,"abstract":"The development of information technology and the growing use of electric devices have had a significant impact on the Hungarian justice system. Furthermore, the recent pandemic which was caused by the coronavirus (COVID-19) also showed that in some cases it can be vital to use electronic communication in legal procedures. In our current study, we aim to analyse the recent changes and trends that affected the Hungarian civil and criminal procedures. We introduce the reader that how these procedures became more and more digitalized throughout recent years. Our article explores the practical problems and difficulties which came from the new ways of communication. After the analysis, we give proposals for the future on how the justice system can further improve.","PeriodicalId":166701,"journal":{"name":"Gubernaculum et Administratio","volume":"96 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":"122549403","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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