Zeszyty czasopisma

AHEAD OF PRINT

Tom 11 (2021): Zeszyt 1 (December 2021)

Tom 10 (2020): Zeszyt 1 (December 2020)

Tom 9 (2019): Zeszyt 2 (December 2019)

Tom 9 (2019): Zeszyt 1 (December 2019)

Tom 8 (2018): Zeszyt 2 (December 2018)

Tom 8 (2018): Zeszyt 1 (June 2018)

Tom 7 (2017): Zeszyt 2 (December 2017)

Tom 7 (2017): Zeszyt 1 (June 2017)

Tom 6 (2016): Zeszyt 2 (December 2016)

Tom 6 (2016): Zeszyt 1 (June 2016)

Tom 5 (2015): Zeszyt 2 (December 2015)

Tom 5 (2016): Zeszyt 1 (June 2016)

Tom 4 (2014): Zeszyt 2 (December 2014)

Tom 4 (2014): Zeszyt 1 (June 2014)

Tom 3 (2013): Zeszyt 2 (December 2013)

Tom 3 (2013): Zeszyt 1 (June 2013)

Tom 2 (2012): Zeszyt 2 (December 2012)

Tom 2 (2012): Zeszyt 1 (June 2012)

Tom 1 (2011): Zeszyt 2 (December 2011)

Tom 1 (2011): Zeszyt 1 (June 2011)

Informacje o czasopiśmie
Format
Czasopismo
eISSN
2084-1264
Pierwsze wydanie
09 Apr 2014
Częstotliwość wydawania
2 razy w roku
Języki
Angielski

Wyszukiwanie

Tom 10 (2020): Zeszyt 1 (December 2020)

Informacje o czasopiśmie
Format
Czasopismo
eISSN
2084-1264
Pierwsze wydanie
09 Apr 2014
Częstotliwość wydawania
2 razy w roku
Języki
Angielski

Wyszukiwanie

7 Artykułów
Otwarty dostęp

Legal and Economic Aspects of Debt Securitisation with Involvement of Special Purpose Corporation1

Data publikacji: 19 Jun 2021
Zakres stron: 1 - 16

Abstrakt

Abstract

Securitisation is an asset management method aimed at issuing securities based on a separate set of claims. With this method, private entities and public entities delivering public tasks can have access to investment financing or operational financial through the capital market, bypassing a credit risk. It is achieved by bringing to a swap of a package of claims due to the entity with cash raised through issuing securities (e.g., bonds) backed by the debt obligations (claims). The paper presents legal and economic rules for organising the debt securitisation process involving a special purpose commercial law company set up to issue securities, which, next to securitisation through a securitisation fund, is one of the two types of securitisation of claims governed by Polish law. This paper was written within the research project financed by the National Science Centre No. DEC-2013/08/A/HS5/00642.

Słowa kluczowe

  • Debt securitisation
  • a special purpose corporation
  • a special purpose vehicle
  • special purpose company
  • securitisation fund
  • assignment of receivables
  • sub-participation contract
  • securities
  • bonds

JEL Classification

  • K 23
Otwarty dostęp

Machina Ex Machina Artificially Intelligent Systems as Inventors under Polish Legal Framework

Data publikacji: 19 Jun 2021
Zakres stron: 17 - 35

Abstrakt

Abstract

Not only do advanced artificially intelligent (AI) systems play an increasingly important role in modern society, but they also significantly enhance industrial and economic development. AI systems are already capable of generating outputs, which, had they been created by humans, would be eligible for patent protection. Polish patent regime has yet to determine how it will address inventive computational results. This paper aims at addressing a question whether AI-generated outputs can be considered patentable inventions under Polish legal framework and if so, who would be recognized as the inventor. The author draws conclusions de lege lata and briefly outlines de lege ferenda observations. The author argues that vesting the inventor status in one of the persons who contributed to the AI-generated result offers a reasonable incentive to actors involved in the innovation process and, at the same time, leaving aside vexed problem of computational personhood, does not undermine established legal paradigms, in particular the traditional notion of human creator (inventor).

Słowa kluczowe

  • Artificial intelligence
  • Invention
  • Inventor
  • Patentable subject matter
  • Patent eligibility
  • Industrial property
Otwarty dostęp

Nature of Charge for Breach of Budgetary Discipline from Czech Perspective

Data publikacji: 19 Jun 2021
Zakres stron: 36 - 47

Abstrakt

Abstract

This article is focused on the issue of the imposition of the charge for the breach of the budgetary discipline and its nature as a criminal sanction for the purposes of the application of articles 6 and 7 of the European Convention for the Protection of Human Rights and Fundamental freedoms. The author familiarizes the reader with the basics of the Czech regulation, pointing out the specific issue related to the recipients of public subsidies. In this case, the Czech legislator must deal with the issue of the competed public authorities because particular breach of the budgetary discipline can be sanctioned also by a fine levied by the Office for the Protection of Competition. Otherwise, the current regulation of the charge for the breach of the budgetary does not necessarily be in accordance with the principle non bis in idem pursuant to article 4 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental freedoms, if the nature of the charge and fine is criminal. Therefore, this article is also devoted to the application of the Engel criteria to the charge for the breach of the budgetary discipline to provide an answer whether this charge is a criminal sanction, and finally, it describes from the perspective of the application of the non bis in idem principle, how negatively the imposition of this charge could be affected if its nature is identified as a criminal one. The scientific methods used are the analysis, induction, deduction and description.

Słowa kluczowe

  • budgetary rules
  • charge for breach of budgetary discipline
  • non bis in idem
  • criminal charge
  • subsidies

JEL Classification

  • K34
  • K14
  • H26
Otwarty dostęp

Features of the labour market in the context of European diversity

Data publikacji: 19 Jun 2021
Zakres stron: 48 - 60

Abstrakt

Abstract

The article presents selected relationships between satisfaction with the financial situation and belonging of the state to the former socialist bloc, and selected labour market factors. Pearson's correlation coefficient, LOG and LOGIT modelling were used to show the European differentiation with labour market factors such as exposure to risk factors, work-related health problems, working in the evenings, number of usual weekly hours of work, employment rates, working at nights, working on Saturdays and long-term unemployment. Key in the differentiation of two groups of countries were the number of usual weekly hours of work, working at nights and working in the evenings. Further analysis of variables enabled the indication of factors such as long-term unemployment, the number of usual weekly hours of work and work-related health problems as determining the level of satisfaction with the financial situation in the countries studied.

Słowa kluczowe

  • labour market
  • European diversity
  • financial satisfaction
  • the weekly number of working hours
Otwarty dostęp

Selected Sanctions in Polish Social Assistance Law

Data publikacji: 19 Jun 2021
Zakres stron: 61 - 71

Abstrakt

Abstract

The social assistance system is determined by the support of individuals and families in their efforts to meet the necessary life needs. The purpose of assistance is to prevent difficult life situations that individuals and families cannot overcome using their own rights, resources and capabilities. This assistance must be provided in accordance with legal rules, and in all cases where these rules are not met, it must be modified, for example applying sanctions, otherwise it would turn into widespread distribution of public money. The author undertook an analysis of selected sanctions, which are provided for in the Act of 12 March 2004 on social assistance

The Act of 12 March 2004 on social assistance (Journal of Laws 2019, item 2473)

, reaching conclusions on the advisability and necessity of their application on a practical basis.

Słowa kluczowe

  • social assistance
  • sanction
  • return of unduly collected benefits
  • annulment or change of decision
  • withdrawal of permit
Otwarty dostęp

Migration Law of the Commonwealth of Independent States

Data publikacji: 19 Jun 2021
Zakres stron: 72 - 92

Abstrakt

Abstract

The article presents multilateral agreements and acts of model legislation constituting the basis of developing migration law in the Commonwealth of Independent States (CIS). The author provides brief characteristics to the acts regulating cooperation in governing migration processes and the status of various types of migrants (both voluntary and forced), as well as model legislation designed to help unify and harmonize the legislation of the CIS member States in the relevant field. The results of the research show that the development of migration law in the CIS continues along the path of convergence with generally accepted norms and standards of international law, clarification of terminology, as well as systematization of model norms. At the same time, the implementation of the adopted norms remains problematic due to the lack of appropriate control mechanisms, as well as sanctions for non-compliance with these norms. In addition, the CIS maintains a special approach to countering illegal migration, which shows the priority of state security issues over the protection of human rights and this is also reflected in the terminology used.

The results of research may be used in comparative legal studies of migration law norms in regional legal systems.

Słowa kluczowe

  • migration
  • migration law
  • model legislative act
  • recommendation
  • migrant
  • refugee
  • displaced person
  • migrant worker
Otwarty dostęp

Foreigners’ Rights in The Age of Pandemics – Migration Aspects

Data publikacji: 19 Jun 2021
Zakres stron: 93 - 111

Abstrakt

Abstract

The content of the article is devoted to the situation of foreigners – migrants – entering and staying in the territory of Poland. All considerations refer to the conditions of the pandemic. The author asks whether the introduced legal solutions are consistent with the rights and freedoms, and whether the restrictions are constitutional and, in particular, proportional to the threat. The subject of the analysis focuses mainly on Polish sources of law issued during the first wave of the epidemic in Poland. Many voices currently indicate that the pandemic situation in the global world could repeat itself in the future. Hence, the present experience should be used as a reference point in the future.

Słowa kluczowe

  • foreigners
  • migrants
  • human rights
  • pandemics
  • rights and freedoms
7 Artykułów
Otwarty dostęp

Legal and Economic Aspects of Debt Securitisation with Involvement of Special Purpose Corporation1

Data publikacji: 19 Jun 2021
Zakres stron: 1 - 16

Abstrakt

Abstract

Securitisation is an asset management method aimed at issuing securities based on a separate set of claims. With this method, private entities and public entities delivering public tasks can have access to investment financing or operational financial through the capital market, bypassing a credit risk. It is achieved by bringing to a swap of a package of claims due to the entity with cash raised through issuing securities (e.g., bonds) backed by the debt obligations (claims). The paper presents legal and economic rules for organising the debt securitisation process involving a special purpose commercial law company set up to issue securities, which, next to securitisation through a securitisation fund, is one of the two types of securitisation of claims governed by Polish law. This paper was written within the research project financed by the National Science Centre No. DEC-2013/08/A/HS5/00642.

Słowa kluczowe

  • Debt securitisation
  • a special purpose corporation
  • a special purpose vehicle
  • special purpose company
  • securitisation fund
  • assignment of receivables
  • sub-participation contract
  • securities
  • bonds

JEL Classification

  • K 23
Otwarty dostęp

Machina Ex Machina Artificially Intelligent Systems as Inventors under Polish Legal Framework

Data publikacji: 19 Jun 2021
Zakres stron: 17 - 35

Abstrakt

Abstract

Not only do advanced artificially intelligent (AI) systems play an increasingly important role in modern society, but they also significantly enhance industrial and economic development. AI systems are already capable of generating outputs, which, had they been created by humans, would be eligible for patent protection. Polish patent regime has yet to determine how it will address inventive computational results. This paper aims at addressing a question whether AI-generated outputs can be considered patentable inventions under Polish legal framework and if so, who would be recognized as the inventor. The author draws conclusions de lege lata and briefly outlines de lege ferenda observations. The author argues that vesting the inventor status in one of the persons who contributed to the AI-generated result offers a reasonable incentive to actors involved in the innovation process and, at the same time, leaving aside vexed problem of computational personhood, does not undermine established legal paradigms, in particular the traditional notion of human creator (inventor).

Słowa kluczowe

  • Artificial intelligence
  • Invention
  • Inventor
  • Patentable subject matter
  • Patent eligibility
  • Industrial property
Otwarty dostęp

Nature of Charge for Breach of Budgetary Discipline from Czech Perspective

Data publikacji: 19 Jun 2021
Zakres stron: 36 - 47

Abstrakt

Abstract

This article is focused on the issue of the imposition of the charge for the breach of the budgetary discipline and its nature as a criminal sanction for the purposes of the application of articles 6 and 7 of the European Convention for the Protection of Human Rights and Fundamental freedoms. The author familiarizes the reader with the basics of the Czech regulation, pointing out the specific issue related to the recipients of public subsidies. In this case, the Czech legislator must deal with the issue of the competed public authorities because particular breach of the budgetary discipline can be sanctioned also by a fine levied by the Office for the Protection of Competition. Otherwise, the current regulation of the charge for the breach of the budgetary does not necessarily be in accordance with the principle non bis in idem pursuant to article 4 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental freedoms, if the nature of the charge and fine is criminal. Therefore, this article is also devoted to the application of the Engel criteria to the charge for the breach of the budgetary discipline to provide an answer whether this charge is a criminal sanction, and finally, it describes from the perspective of the application of the non bis in idem principle, how negatively the imposition of this charge could be affected if its nature is identified as a criminal one. The scientific methods used are the analysis, induction, deduction and description.

Słowa kluczowe

  • budgetary rules
  • charge for breach of budgetary discipline
  • non bis in idem
  • criminal charge
  • subsidies

JEL Classification

  • K34
  • K14
  • H26
Otwarty dostęp

Features of the labour market in the context of European diversity

Data publikacji: 19 Jun 2021
Zakres stron: 48 - 60

Abstrakt

Abstract

The article presents selected relationships between satisfaction with the financial situation and belonging of the state to the former socialist bloc, and selected labour market factors. Pearson's correlation coefficient, LOG and LOGIT modelling were used to show the European differentiation with labour market factors such as exposure to risk factors, work-related health problems, working in the evenings, number of usual weekly hours of work, employment rates, working at nights, working on Saturdays and long-term unemployment. Key in the differentiation of two groups of countries were the number of usual weekly hours of work, working at nights and working in the evenings. Further analysis of variables enabled the indication of factors such as long-term unemployment, the number of usual weekly hours of work and work-related health problems as determining the level of satisfaction with the financial situation in the countries studied.

Słowa kluczowe

  • labour market
  • European diversity
  • financial satisfaction
  • the weekly number of working hours
Otwarty dostęp

Selected Sanctions in Polish Social Assistance Law

Data publikacji: 19 Jun 2021
Zakres stron: 61 - 71

Abstrakt

Abstract

The social assistance system is determined by the support of individuals and families in their efforts to meet the necessary life needs. The purpose of assistance is to prevent difficult life situations that individuals and families cannot overcome using their own rights, resources and capabilities. This assistance must be provided in accordance with legal rules, and in all cases where these rules are not met, it must be modified, for example applying sanctions, otherwise it would turn into widespread distribution of public money. The author undertook an analysis of selected sanctions, which are provided for in the Act of 12 March 2004 on social assistance

The Act of 12 March 2004 on social assistance (Journal of Laws 2019, item 2473)

, reaching conclusions on the advisability and necessity of their application on a practical basis.

Słowa kluczowe

  • social assistance
  • sanction
  • return of unduly collected benefits
  • annulment or change of decision
  • withdrawal of permit
Otwarty dostęp

Migration Law of the Commonwealth of Independent States

Data publikacji: 19 Jun 2021
Zakres stron: 72 - 92

Abstrakt

Abstract

The article presents multilateral agreements and acts of model legislation constituting the basis of developing migration law in the Commonwealth of Independent States (CIS). The author provides brief characteristics to the acts regulating cooperation in governing migration processes and the status of various types of migrants (both voluntary and forced), as well as model legislation designed to help unify and harmonize the legislation of the CIS member States in the relevant field. The results of the research show that the development of migration law in the CIS continues along the path of convergence with generally accepted norms and standards of international law, clarification of terminology, as well as systematization of model norms. At the same time, the implementation of the adopted norms remains problematic due to the lack of appropriate control mechanisms, as well as sanctions for non-compliance with these norms. In addition, the CIS maintains a special approach to countering illegal migration, which shows the priority of state security issues over the protection of human rights and this is also reflected in the terminology used.

The results of research may be used in comparative legal studies of migration law norms in regional legal systems.

Słowa kluczowe

  • migration
  • migration law
  • model legislative act
  • recommendation
  • migrant
  • refugee
  • displaced person
  • migrant worker
Otwarty dostęp

Foreigners’ Rights in The Age of Pandemics – Migration Aspects

Data publikacji: 19 Jun 2021
Zakres stron: 93 - 111

Abstrakt

Abstract

The content of the article is devoted to the situation of foreigners – migrants – entering and staying in the territory of Poland. All considerations refer to the conditions of the pandemic. The author asks whether the introduced legal solutions are consistent with the rights and freedoms, and whether the restrictions are constitutional and, in particular, proportional to the threat. The subject of the analysis focuses mainly on Polish sources of law issued during the first wave of the epidemic in Poland. Many voices currently indicate that the pandemic situation in the global world could repeat itself in the future. Hence, the present experience should be used as a reference point in the future.

Słowa kluczowe

  • foreigners
  • migrants
  • human rights
  • pandemics
  • rights and freedoms

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