Evidence of Illegality, or Always Illegality?

The purpose of this article is to present the views of doctrine and jurisprudence for evidence of illegality, an integral part of a criminal case. An attempt will be made to show that proof of illegality may be utilized with a view to providing valuable information for the purposes of an ongoing investigation. Questions of evidence of illegality appear in the course of proceedings and certainly cannot be overlooked in the process of integrated assessment of collected evidence. They constitute a real challenge for judicial authorities, because on the one hand, they are faced with a task of achieving a balance between reaching substantive truth and ensuring adequate protection of constitutional rights and freedoms. The aim of the process is to ensure that real findings of fact that constitute the basis for decisions.

Attachments:

Skoczen.pdf

263 kB

Registration of Churches and Other Religious Organizations in the Administrative Procedure

The aim of this article is to analyse the administrative procedure of registration of churches and other religious organizations. This text considers both material and procedural aspects of the registration. Respective regulations are spelt out in the context of the Constitution of the Republic of Poland of 2 April 1997. It is shown that the procedural standard is very high and there is no need to change it. Some problems are created by vagueness of certain substantive legal provisions. The purpose of this paper is to present existing difficulties with an explanation of legal provisions and to draw concrete proposals for appropriate interpretation thereof.

Attachments:

Ozog.pdf

399 kB

Juridical Concept of Subjectivity of a Partnership and the Legal Status of its Management Board

The legally established concept of legal subjectivity of a partnership as an organisational unit not being a legal person is legally constituted by art. 8 of the Code of Commercial Companies, in connection with art. 331 of the Civil Code, and has triggered polarisation of opinions of legal scholars in the field of assessment of the legal position of the management (board) of a partnership. The legal regulations determining constitution and principles of activity and organisation of the partnership support the supposition that the management (board) of a partnership does not have all the features that would warrant considering the management (board) of the partnership as a body (authority) in its strict sense. However, competencies attributed to the management (board) of a partnership indicate that it performs functions similar to those of a body of a legal person which – in effect and in the light of art. 331 of the Civil Code – allows the application to the management (board) of a partnership, of the theory of the bodies with its key assumption that the results of acts of physical persons forming the body should be attributed to the legal person itself.

Attachments:

Kozlowska_Chyla.pdf

387 kB

Law – Reason – Autonomy. Moral Teachings of John Paul II and the Modern Normative Approach.

The paper confronts two different perspectives of understanding the nature of normativity. The first one underpins the modern legal (and political) culture and is rooted in the broader intellectual context of the modern intellectual culture. The second one is rooted in the pre-modern intellectual context. Contemporarily, the later one might be found as a still binding paradigm in the moral teachings of the Roman Catholic Church. A noteworthy exposition of this approach to normativity was presented in ‘Veritatis splendor’, an encyclical letter by the Pope John Paul II. The document will serve as a reference point in confrontation to the modern paradigm. The argument is that the key difference between the various approaches is based on the different way of understanding of human rationality and subsequently – human freedom. The paper attempts to explain this discrepancy and consequences thereof.

Attachments:

Stepkowski.pdf

333 kB