Number 6
Prof. Andrzej Bałandynowicz - Victims of crime against the natural home
Abstract
For such a rich issue as economic crime, including crime against the natural home, it is not enough just to adapt various theoretical constructs, a confrontation of diverse interpretations of the phenomenon is also required. The fundamental issues to be investigated are: a) the causes and ways of establishing laws, b) the causes and ways of violating them, c) the scope and overlapping areas of activity of justice and control authorities. At the heart of these three issues is the question of authority – legitimacy for the legislature, for the people involved in the economy and for the actions of coercive bodies. As the world faces a growing threat of climatic change, more and more people are becoming victims of crimes against the natural home. The author points to children and adolescents as the groups most at risk of such crime.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
Prof. Wojciech Radecki - The liability for offences against the environment under the international and union law (part 1)
Abstract
The subject of this reviewing article in its first part is the presentation of considerations of Czech authoress Tereza Fabšíková published in the monograph on criminal law’s instruments of environmental protection in chapters comprised the international and union environmental law. This presentation is supplemented by own thinking over of reviewer and opinions of other authors, with references to issues discussed in the monograph.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
Prof. Grzegorz Maroń - Judicial assessment of the sincerity of religious beliefs
Abstract
The article deals with the issue of admissibility, legitimacy and, above all, criteria for judicial assessment of the sincerity of religious beliefs of a party to the proceedings, e.g. a conscript refusing to perform military service on the grounds of religious conscientious objection, a prisoner demanding a diet consistent with his declared religion, or a person applying for refugee status due to religious persecution. Firstly, it was pointed out that the fact that the state, society, and third parties bear the costs of accommodating claims falsely based on religious freedom justifies the need to verify the sincerity of the believer in doubtful cases. Secondly, it was pointed out that the assessment of whether a person actually holds certain religious beliefs is different from the unacceptable – because it violates the requirement of religious neutrality of the state – judicial assessment of the truth (truthfulness) of these beliefs. Thirdly, several determinants of sincerity were analysed, such as the compliance of the believer's beliefs with his conduct, possession of appropriate religious knowledge, readiness to bear certain burdens in exchange for the possibility of not betraying his faith, or the lack of ulterior non-religious motives for invoking religious freedom. The author, defending the possibility of assessing the sincerity of religious beliefs by the judiciary, at the same time advocates that the courts should make this assessment contextually, and, as part of a certain restraint, resolve irremovable doubts in favor of the believer.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
Judge Edyta Dzielińska, Legal Counsil Anna Stasiak – Criminal liability of board members of capital companies stated in the Bankruptcy Law and the Restructuring Law
Abstract
The article covers the issue of criminal liability of natural persons who are members of the management bodies of capital companies under the Polish insolvency law system. The aim of the authors was to present the scope of duties incumbent on members of the management board, resulting from the provisions of the Bankruptcy Law and the Restructuring Law, the violation of which may constitute the criteria of offences described in these legal acts. The study also includes considerations regarding the reasons for the legislator's penalization of specific behaviors of managing entities, by indicating goods that require special protection in the event of insolvency or threat of insolvency of a capital company.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
Judge Igor Zduński, Lawyer Katarzyna Bakuła - Concepts of the liability of members of the board of directors of a limited liability company in light of Article 299 of the Code of Commercial Companies
Abstract
The article presents the most important divergences of doctrine and judicature concerning the liability of members of the management board of a limited liability company under Article 299 of the Code of Commercial Companies. The liability of members of the board of directors of a limited liability company for its obligations is undoubtedly one of the most frequent subjects of consideration in the jurisprudence of the Supreme Court. The diversity of jurisprudence with regard to the nature of liability does not allow to resolve the existing dispute in the doctrine.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
Prosecutor Robert Kucharski - Judiciary of the Duchy of Warsaw – the foundations of the modern judiciary
Abstract
The fall of the Commonwealth of Nobles as a result of internal political decay and the agent interference of neighboring countries was associated with the end of an era in the functioning of the judiciary in Poland. „Ancient” institutions had to give way to new ones. These, in turn, were brought by Napoleon and his modern codification. Their reception in Poland was a huge change both in social awareness and in the functioning of judicial institutions. In the content of the article in question, an attempt will be made to briefly discuss the changes that occurred with the creation of the Duchy of Warsaw and the reception of Napoleonic regulations in the Polish judiciary. The scope of changes covered the entire judiciary, however, due to their extensiveness, this study will only discuss the order of judicial authorities, excluding the Prosecutor's Office. The introduction of new courts was associated with the liquidation of noble institutions as obsolete, and never really introduced uniformly in Poland. This study covers the issues of the legal and systemic basis for the functioning of the courts of the Duchy of Warsaw and their respective structure, with emphasis on the institution of the Court of Cassation.
Full text in polish - https://krs.pl/pl/kwartalnik-consilium-iuridicum/opublikowane-numery/2023/2028-consilium-iuridicum-nr-6-2023.html
