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Conditions for Medical Use of Marijuana in Poland – Aspects of Administrative Law 波兰医用大麻的条件——行政法方面
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.81-93
M. Kuna
Since the criminalization of the use of marijuana in Poland, introduced in 1985, various controversies and understatements have been taking place, as a result of which it was punishable to use this substance also for medical purposes. Th subject of the article is the analysis and assessment of administrative and legal solutions adopted by the legislator, in particular changes from November 1, 2017, formally permitting the legal marketing of marijuana as a pharmaceutical raw material, as well as its use in the treatment and alleviation of symptoms accompanying specific diseases. Th issues discussed were presented on the basis of European law, current legal regulations contained, among others, in the Pharmaceutical act of September 6, 2001, and in the act on counteracting Drug addiction of July 25, 2005, as well as regulations issued on their basis. In the final part of the article, de lege lata, proposals of factual and legal solutions are presented, aimed at actually facilitating the medical use of marijuana to patients.
自1985年在波兰将使用大麻定为刑事犯罪以来,发生了各种争议和轻描淡写,结果,将这种物质也用于医疗目的将受到惩罚。本文的主题是对立法者通过的行政和法律解决方案的分析和评估,特别是从2017年11月1日起的变化,正式允许大麻作为制药原料合法销售,以及用于治疗和缓解特定疾病伴随的症状。讨论的问题是在欧洲法律的基础上提出的,其中包括2001年9月6日的《药品法》和2005年7月25日的《反药物成瘾法》,以及在其基础上发布的法规。在文章的最后一部分,de lege lata中,提出了事实和法律解决方案的建议,旨在实际促进患者对大麻的医疗使用。
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引用次数: 2
Report on the International Scientific Conference “Domestic, European Union and International Standards in Legal Protection of Animals”, Lublin, October 17, 2019 2019年10月17日,“动物法律保护的国内、欧盟和国际标准”国际科学会议报告,卢布林
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.189-194
Hanna Spasowska-Czarny
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引用次数: 0
Evolution of Polish Legal Regulations Devoted to the Issue of Licensing Business Activities 波兰法律法规在商业活动许可问题上的演变
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.163-180
Agnieszka Wołoszyn-Cichocka
The concession is considered to be the most important and most distressing form of business activity control for the entrepreneur. In the Polish legal order, it was the subject of regulation of every legal act which was considered to be the so-called economic constitution. The purpose of this study is to bring closer Polish legal regulations devoted to the issue of licensing business activities from the interwar period to the current law. Particular emphasis should be placed on how to regulate concessions in the applicable Entrepreneurs Law, which significantly differs from previous legal regulations. The legislator’s intention was to create an act of a very general nature, regulating only problems of fundamental importance for the issue of concessions. Other issues are regulated by special laws.
特许权被认为是对企业家来说最重要也是最痛苦的商业活动控制形式。在波兰的法律秩序中,它是被认为是所谓经济宪法的每一项法律行为的管制对象。本研究的目的是使波兰从两次世界大战期间专门针对商业活动许可问题的法律条例更接近于现行法律。应特别强调如何管理适用的《企业家法》中的特许权,这与以前的法律条例有很大不同。立法者的意图是制定一项非常普遍的法案,只规范对特许问题至关重要的问题。其他问题由专门法律规定。
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引用次数: 0
Suspension of Administrative Court Proceedings Due to Extraordinary Administrative Proceedings 因特别行政诉讼而中止行政法院诉讼
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.125-148
Jakub Polanowski
Art. 124 § 1 point 6 in conjunction with Art. 56 of the Act on Proceedings Before Administrative Courts should be understood in accordance with Art. 2 and 45 of the Polish Constitution, in such a way that the suspension of proceedings on this basis requires prior consideration of all the circumstances of the case, including the circumstances justifying its immediate examination. This especially applies to cases where the court finds the possibility of abuse of procedural law. The circumstances which constitute the basis for the suspension of court proceedings, pursuant to Art. 125 § 1 point 1 of the Act on Proceedings Before Administrative Courts, must objectively condition the court’s decision. When applying the above-mentioned provisions, the court is obliged to consider the effects of possible waiting for a decision on a preliminary ruling. The purpose of the article is to draw attention to the need for a rational adjudication on the suspension of court and administrative proceedings, in order to maintain the principle of the speed of proceedings.
第124条第1款第6点与《行政法院诉讼法》第56条相结合,应根据波兰宪法第2条和第45条来理解,在此基础上暂停诉讼需要事先考虑案件的所有情况,包括证明立即审查的情况。这尤其适用于法院认为有可能滥用程序法的案件。根据《行政法院诉讼法》第125条第1款第1点,构成法院诉讼中止基础的情况,必须客观地制约法院的决定。在适用上述规定时,法院有义务考虑等待初步裁定决定的可能影响。本文的目的是为了引起人们的注意,为了维护诉讼速度的原则,需要对法院和行政诉讼的中止作出合理的裁决。
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引用次数: 0
Issues on the Definition of Administrative-Legal System of Principles for Regulation of Natural Monopoly Subjects’ Activities in the Sector of Electric Power Engineering in Ukraine 乌克兰电力工程领域自然垄断主体活动规制原则行政法律体系界定问题
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.11-21
A. V. Berlach
The article deals with the analysis of modern scientific views on determining the content of the principles for legal regulation development. In particular, the author investigates issues of administrative and legal regulation of natural monopoly entities activity in the field of electric power engineering in Ukraine. Ths way of author’s approach can be explained by the peculiarities of relations in the sector of electric energy production in Ukraine. These peculiarities include: the necessity to regulate competition on electricity market, prevention of corruption and other negative consequences of the monopoly, as well as the increasing of investment attractiveness in the electric power sector. Th author shows that the relevance of this research is determined by the dynamic development of legislation within this industry along with conditions of legal relations in the field of electricity, in particular, the launch of new entities into the electricity market. There it is shown that the current legislation of Ukraine defines the relevant standards of functioning of the electricity market, concerning general approaches to the content of state policy in this sector of economy. At the same time, it was emphasized that the system of principles for administrative and legal regulation of the subjects of natural monopolies activity in the field of electricity is subject to further investigation. The content of sectoral legislation governing the electricity sector and anti-monopoly one that defines the legal status of natural monopoly entities are analyzed in detail. It is shown that at present time the authorities that are to legislate these principles have established them just in some certain areas of administrative and legal regulation in this field without proper systematic and scientifically grounded approach. According to the author’s idea, such a situation may complicate the law enforcement practice, since the question of the application of a particular system of principles remains dim. Th author has formulated the conclusion on the need for improvement of sectoral legislation, which would ensure balance of interests between manufacturers and consumers of electricity, taking into account the whole economic system of the country.
本文分析了现代科学观点对法律规制发展原则内容确定的影响。作者特别研究了乌克兰电力工程领域自然垄断实体活动的行政和法律监管问题。作者的这种方法可以通过乌克兰电力生产部门关系的特殊性来解释。这些特点包括:规范电力市场竞争的必要性,防止腐败和其他垄断的负面后果,以及电力部门投资吸引力的增加。作者认为,本研究的相关性取决于该行业立法的动态发展以及电力领域法律关系的条件,特别是新实体进入电力市场。报告显示,乌克兰现行立法确定了电力市场运作的相关标准,涉及对这一经济部门国家政策内容的一般做法。同时,有人强调,对电力领域自然垄断活动主体进行行政和法律管制的原则制度有待进一步调查。详细分析了电力行业部门立法和界定自然垄断主体法律地位的反垄断立法的内容。报告显示,目前打算对这些原则进行立法的当局只是在这一领域的某些行政和法律规定领域中确立了这些原则,没有采取适当的系统的和有科学根据的办法。根据作者的想法,这种情况可能会使执法实践复杂化,因为适用某一特定原则系统的问题仍然模糊不清。作者提出了关于需要改进部门立法的结论,这将确保电力制造商和消费者之间的利益平衡,同时考虑到国家的整个经济制度。
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引用次数: 1
Legal Status of a Non-Profit Organization and Its Impact on the Mode of Initiating Proceedings under Art. 7 (3) of the Polish Animal Protection Act 非营利组织的法律地位及其对根据波兰动物保护法第7(3)条提起诉讼模式的影响
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.69-80
Emilia Kudasik-Gil
The article focuses on the issue of the legal status of a non-profit organization, whose statutory purpose is to protect animals in the administrative proceedings under Art. 7 (3) of the Polish Animal Protection Act, which is the subject of discrepancy of interpretations in the jurisprudence of administrative courts. The institution of temporary collection of an animal regulated in Art. 7 (3) of the Polish Animal Protection Act is of fundamental importance for humanitarian protection of animals in Poland. In theory it consists of taking away the mistreated animal from its owner and subsequent confirmation of that fact through the administrative decision issued by the executive body of the municipality. The study deals with the problem of its legal interest in the proceedings and, as a consequence, it analyses its position as a party or entity as a party in the proceedings. Determining the status of a non-profit organization in proceedings is crucial for resolving another problem raised in the article, namely the mode in which proceeding under Art. 7 (3) of the Polish Animal Protection Act is being initiated.
非营利性组织的法定目的是在波兰《动物保护法》第7条第(3)款的行政诉讼中保护动物,这是行政法院判例中解释差异的主题,本文重点讨论了该组织的法律地位问题。《波兰动物保护法》第7(3)条规定的临时收集动物的制度对波兰动物的人道主义保护至关重要。从理论上讲,它包括将受虐待的动物从其主人手中带走,并随后通过市政执行机构发布的行政决定确认这一事实。本研究处理其在诉讼中的法律利益问题,因此分析其作为诉讼当事人或作为诉讼当事人的实体的地位。确定非营利性组织在诉讼中的地位对于解决该条中提出的另一个问题至关重要,即根据《波兰动物保护法》第7(3)条启动诉讼的方式。
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引用次数: 0
Reputation of a Local Government Unit – Legal Aspects 地方政府单位的声誉-法律方面
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.149-162
Wojciech Szczotka
The issue of reputation of a local government unit is located on the border of two important branches of law – civil and administrative. Reputation is a category of civil law – it is a personal right vested in legal persons, while the issue related to local government units concerns institutions in the field of administrative law. Reputation of a local government unit may be violated in two cases. Th first of them consists in spreading false information about the entity, which also undermines its reputation. In the second case, there is a violation of good name when publishing evaluative statements in which the respective subject is criticized, lacking in the constructive feature. In order for the reputation of a municipality, poviat or voivodeship to be violated, it can be addressed to both their organs, self-government organizational units and their employees, as well as the general public of their residents as well as a local government unit as an unspecified whole. Local government units have the same legal remedies as all other civil law entities provided for in the Civil Code, i.e. claims under Art. 24 and 448.
地方政府单位声誉问题处于民法和行政法两个重要分支的边界上。美誉权属于民法范畴,是赋予法人的人身权,而地方政府单位问题则是行政法领域的制度问题。地方政府单位的名誉在两种情况下可能受到损害。其一是散布有关该实体的虚假信息,这也损害了该实体的声誉。在第二种情况下,发表对各自主体进行批评的评价性陈述,缺乏建设性特征,违反了好名声。为了侵犯市、省或省的声誉,可以向其机关、自治组织单位及其雇员、其居民的一般公众以及作为一个未指明的整体的地方政府单位提出。地方政府单位享有与《民法典》规定的所有其他民事法律实体相同的法律救济,即第24条和第448条规定的索赔。
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引用次数: 0
The Idea of the Construction Police in the Historical Perspective against the Background of the German Legal Culture 德国法律文化背景下历史视野中的建设警察理念
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.23-40
K. Dąbrowski
Th Construction Police, as a task (function) of the state, is the public safety department, which ensures the safety and culture for the using of the building objects. Th institutional roots of this department date back to the age of Enlightenment, the doctrinal ones – to early modern period or even earlier and the legislative ones – to the 19th century. Ths Police is connected with the fire and sanitary safety of buildings. Building laws became the part of the code law, then of police ordinances and, finally, the separate building ordinances were issued (in cities at fist). In the German territories, the period after the Thirty Years’ war was of great importance for the development of the legislation and the building policies, together with the development of cameralism (Kameralismus) and political economy (Polizeiwissenschaft). Th 19th century was the era of codification of the building law in the form of nationwide building acts.
建设警察作为国家的一项任务(职能),是保障建筑物体使用安全和文化的公共安全部门。这个部门的制度根源可以追溯到启蒙时代,教义的根源可以追溯到现代早期甚至更早,立法的根源可以追溯到19世纪。这个警察负责建筑物的消防和卫生安全。建筑法成为法典的一部分,然后是警察条例,最后,颁布了单独的建筑条例(首先是在城市)。在德国领土上,三十年战争后的时期是立法和建筑政策发展的重要时期,也是摄像主义(Kameralismus)和政治经济学(Polizeiwissenschaft)发展的时期。19世纪是建筑法以全国性建筑法的形式编纂的时代。
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引用次数: 1
Vocational and Social Activation of People with Disabilities in the Modern Labor Market – Vocational Development Centers 现代劳动力市场中残疾人的职业与社会激活——职业发展中心
Pub Date : 2020-11-29 DOI: 10.17951/PPA.2019.2.95-111
B. Łubianka, Katarzyna Mariańczyk
The article is for an overview. It presents the issues of vocational rehabilitation of people with disabilities on the example of vocational development centers. Th work is based on publications about vocational development centers from the last ten years. Th purpose of the article is to present the current state of functioning of vocational development centers as one of the contemporary forms of professional activation of disabled people in Poland. Th social, legal and organizational aspects of the activity of vocational development centers were analyzed, with particular reference to the local labor market of the Lublin Voivodeship.
这篇文章是一个概述。它以职业发展中心为例,提出了残疾人职业康复的问题。这项工作是基于过去十年关于职业发展中心的出版物。本文的目的是介绍职业发展中心作为波兰残疾人职业激活的当代形式之一的运作现状。对职业发展中心活动的社会、法律和组织方面进行了分析,特别提到了卢布林省的当地劳动力市场。
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引用次数: 0
Animals with Regard to Climate Changes - International and European Law Aspects 关于气候变化的动物-国际和欧洲法律方面
Pub Date : 2019-07-02 DOI: 10.17951/PPA.2018.141-58
O. Sushyk, Daria Rosokhata
The article consists of three parts. Firstly, it introduces the connection between animal and climate change. On the one hand, the impact of agricultural emissions (livestock emissions) on climate change has been introduced. On the other hand, it has been presented that the climate change has a negative impact not only for the humankind, but also for the biodiversity (animals) which have an economic and socio-cultural significance. Th second part provides an analysis of relevant international legal frameworks (UN Climate Change regime) that stipulate specifically in relation to livestock emissions globally and existing legal and policy frameworks in the EU that address livestock emissions, namely the Effort Sharing Decision and the Common Agricultural Policy. Thirdly, the paper focuses on the problem of biodiversity conservation though the signifiant pace of climate change has been regulated by a number of international conventions. EU-wide ecological network is being created in Europe that ensures the preservation of the natural environment of animals and the ways of their migration, regardless of the existing borders of the countries. Climate change is already having adverse effcts on animal and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy.
本文由三部分组成。首先,介绍了动物与气候变化之间的联系。一方面,介绍了农业排放(牲畜排放)对气候变化的影响。另一方面,气候变化不仅对人类产生负面影响,而且对具有经济和社会文化意义的生物多样性(动物)也产生负面影响。第二部分分析了相关的国际法律框架(联合国气候变化制度),这些法律框架具体规定了全球牲畜排放和欧盟现有的解决牲畜排放的法律和政策框架,即“努力分担决定”和“共同农业政策”。第三,虽然气候变化的显著速度已受到一些国际公约的管制,但本文重点讨论了生物多样性保护问题。欧盟范围内的生态网络正在欧洲建立,以确保保护动物的自然环境和它们的迁徙方式,而不受各国现有边界的限制。气候变化已经对动物产生了不利影响,这些影响很可能在未来被证明是毁灭性的。尽管如此,对动物的相关危害尚未成为气候变化政策分析的重要组成部分。
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引用次数: 1
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