Wrocławsko-Lwowskie Zeszyty Prawnicze

Створення Української козацької держави у період національно-визвольної революції 1648–1657 рр. та її органи влади

2022-12-19T12:08:08+01:00

The annexation of Ukrainian lands by the Polish-Lithuanian Commonwealth and the difficult social, national, religious, language and cultural situation created by Polish magnates and gentry caused numerous uprisings and eventually the national liberation revolution led by Bohdan Khmelnytsky. In its essence, character, and purpose, it can be equated with the great revolutions that took place in Europe in the 17th and 18th centuries. It was a national liberation, socio-political revolution for the right to their state, the driving force of which was the whole Ukrainian people, and the leadership — the Cossack officers and the Ukrainian nobility, because the national bourgeoisie, which in Western European revolutions was their organizer and leader, in Ukraine was not sufficiently numerous and strong.

The national liberation revolution of 1648–1657 led first to the emergence of the Ukrainian state and political autonomy (within the Polish-Lithuanian Commonwealth), and later to the independence of the Ukrainian Cossack state. This was the second stage in the
historical process of the formation of Ukrainian statehood — after the Kievan Rus′ and the Kingdom of Galicia–Volhynia. The basis of its revival was the military-administrative system that was developed in the Zaporozhian Sich. Ukrainians were the organizing force,
the core of the liberation revolution, the creator of Ukraine’s independence. A special role was played by Ukrainian Cossacks. I would like to note another important component of Ukrainian statehood of that era: during the national liberation struggle, the ideology of
Ukrainian national statehood was born, which was adopted not only by Cossack officers and gentry, but also by the masses. The Orthodox Church of Ukraine also played an important role in this process.

The Ukrainian Cossack state of that time — with its central and local authorities, administration, courts and army, with its own territory (which, however, had no clearly defined borders, because they sometimes changed depending on the foreign policy situation) — in the form of government was, I believe, a democratic republic headed by an elected hetman, and in terms of territorial organization — a unitary state with a democratic political regime. However, a significant shortcoming of the newly created state was the failure to solve an important socio-economic problem — the peasantry was not freed from personal dependence on landowners, as its debts and numerous duties were not eliminated. The competence of state bodies was not differentiated — they simultaneously performed administrative, judicial, military functions, etc. The nature of the republican statehood determined the essence of its legal system. It was based on Ukrainian customary law and the hetman’s universals. However, unfavourable domestic and especially foreign policy conditions did not allow for this process to be completed. The loss of Ukraine’s hard-won state independence was initiated by the Pereyaslav Rada and a further attack on Ukrainian statehood by the Moscow state, which gradually limited Ukraine’s rights, and thus eliminated all signs of Ukrainian statehood, and which annexed its territory in 1783.

Wiryliści uczelni wyższych i Akademii Umiejętności w Sejmie Krajowym galicyjskim

2022-12-19T12:31:57+01:00

So-called virilists, that is, deputies with a seat in the Seym by virtue of holding another office and not by being elected, were noted for the first time in the Galician National Seym established in 1861. They were one of the interest groups representing the world of science, that is, various universities and other scientific institutions. The practice of university officials being included in representative bodies was nothing new in the Austrian partition; it was already known in the Free City of Cracow. From 1861, the chancellors of the Jagiellonian University and Lviv University, and from 1900 also the rector of the Lviv Polytechnic and the president of the Polish Academy of Learning, were the whirlwinds in the Galician National Seym. Virilists not only represented their scientific institutions, but also had the same powers as other members of the National Seym. Thus, they were primarily politicians with specific views. In general, they enjoyed extremely high authority related to the function they held at the university. They also worked in parliamentary committees. Despite the archaic nature of the institution of virilists, the participation of university chancellors as whirlwinds in the works of the higher chambers of the parliament was usually envisaged in various legislative projects in the interwar period.

Pojęcie prawa i filozofia prawa w poglądach Juliusza Makarewicza

2022-12-19T12:51:24+01:00

The Lviv professor Juliusz Makarewicz (1872–1955) is widely known as undoubtedly one of the most outstanding Polish lawyers in the field of criminal law, and the co-creator of the 1932 penal code. However, he often dealt with issues related to the philosophy of law and even general sociology. The aim of this paper is to analyze Makarewicz’s views on the essence of law as well as the scope and nature of the philosophy of law. Makarewicz tried to build a synthesis of the currents of legal thought, which he considered to be fundamental to modern times, but he gave primacy to the law of nature. Makarewicz defended the concept of the law of nature, although he claimed that it could no longer be created in the same way as in the 17th or 18th century. It must be based on empirically verifiable facts, but not in isolation from them. The Lviv scholar presented such a concept of the law of nature which on the one hand was to be a response to the criticism made by positivists and representatives of the historical school, and on the other hand was a polemic against the theory of Rudolf Stammler. He was of the opinion that the philosophy of law should create a synthesis of legal phenomena, and at the same time search for the ideal in law.

Makarewicz criticized Stammler’s theory because he claimed it was related to legislative policy or the application of law. In this respect, it shows similarities with the theory of Rudolf von Jhering. Stammler’s “law of nature with variable content” simply leads to an interpretation of statutory law with regard to the concept of equity or, rather, how it is understood in a given epoch. On the other hand, Jhering’s ideal of law is law corresponding to the given social relations. In addition to traditionally distinguished types of legal interpretation, Makarewicz distinguished also “philosophical” interpretation. Within its framework, the “ideal” of a given legal institution would be determined, that is, the state to which the historical development of this institution leads. In the process of applying the law, one would choose an understanding of the legal provision that contributes most to the realization of this ideal.

In the 1930s, Makarewicz claimed that criminal law is a kind of a “photograph” of the political system of a given state and the relations between the authorities and the citizens prevailing in it. In his opinion, this regularity was shown by the law of the totalitarian states, namely, the Soviet Union and the Third Reich, which allowed for the use of analogies in criminal law. Makarewicz criticized the amendment to the German criminal code, adopted in 1935, which changed the definition of crime, recognizing that it was an act deserving punishment in accordance with the “basic idea” of the criminal law and the sense of the nation (Volksempfinden). Makarewicz considered this legal act to show a regression in the development of law, as it resulted in the restoration of customary law as a source of criminal law. Thus, the Lviv lawyer defended the principles of criminal law that were developed in the era of the Enlightenment. The analysis carried out in the article leads to the conclusion that Makarewicz formulated an original position on the ground of philosophy of law, although it was not the main subject of his interests.

Основи розвитку адміністративного права у Львівському університеті

2022-12-19T12:59:10+01:00

The article is devoted to the development of administrative law at the Faculty of Law of Lviv University since 1784. The formation and development of administrative law at Lviv University had certain specific features, and it was necessary to involve specialists from different universities to exchange experiences and proposals to current legislation, which was not common practice in the 17th and 18th centuries. The contribution of the employees of administrative law of Lviv University to the science of administrative law is demonstrated in the article. It is shown how administrative law was introduced at Lviv University and who practised it. The department’s activity at different stages of formation of the law faculty of Lviv University is also examined in this publication. The importance of many heads of the Department of Administrative Law and their contribution to the development and activities of the department are analyzed.

Reforming administrative law in Ukraine today is extremely important for the current as well as the next generation. The use of historical experience, based on the example of the Faculty of Law of Lviv University, namely, the formation and operation of the Department of Administrative Law, has brought invaluable insights for reforming the science of administrative law. The reform of the science of administrative law today will help us better understand the value of the origins of scientific concepts that were formed and are still being formed under the influence of different historical periods, which were initiated by scholars of Lviv University. Such awareness and vision of the reform process and its scientific concepts can expand the scientific worldview of Ukrainian lawyers and ensure the improvement of practical results of legislative and law enforcement activities in improving the role and importance of the science of administrative law.

Administrative law at the Faculty of Law of Lviv University has been shaped by a circle of like-minded people who taught the next generation, passing on their skills and knowledge. But thanks to the science of administrative law the foundations of the Faculty of Law of Lviv University were formed, which helped in the further development of administrative law in Ukraine.

Instytucja własności w myśli polskich solidarystów katolickich okresu międzywojennego

2022-12-19T13:16:25+01:00

The subject of the paper is an analysis of the views of representatives of Polish Catholic solidarism on the institution of property, its social role, desired shape and possible and necessary limitations. The most important representatives of Polish Catholic solidarism were: Fr. Antoni Szymański, Fr. Aleksander Wóycicki, Prof. Leopold Caro, Fr. Antoni Roszkowski, Prof. Ludwik Górski, Fr. Jan Urban, Bishop Teodor Kubina, Fr. Jan Piwowarczyk, Prof. Juliusz Makarewicz, as well as the later Primate of Poland, Fr. Stefan Wyszyński. Representatives of this current considered property to be the basis of the state’s legal and political system and founded this concept on theological premises. Referring to the encyclical Rerum novarum, they recognized God as the owner of all that was created by Him. Another source of property, in their opinion, was human labour. Bishop Kubina especially strongly emphasized this factor, saying that God performs some kind of work on the objects of His property, maintaining their existence. Since man is created in the image of God, he must take care of his own property, and thus man, in some sense, shares in God’s work of creation. Leopold Caro, analyzing theories of the origin of property, argued that not only labour, but also capital creates property; however, priority in terms of protection should be given to property derived from labour. Catholic solidarists (including Fr. Antoni Szymański), referring to the concept of Léon Duguit, emphasized the social function of property and pointed out that only property fulfilling this function deserves protection. Based on Catholic social teaching, Polish Catholic solidarists saw significant threats to property rights on the side of both socialism and capitalism.

According to Catholic solidarists, private property was not an unlimited right, as it was perceived under Roman law. This institution was associated with a number of obligations on the part of the owner. Bishop Kubina recognized that the Creator allowed social inequalities, but that people would try to overcome them. Leopold Caro argued that property should be used to help the economically weaker social strata. Caro was the most outspoken of the Catholic solidarist circle on the permissible restrictions on ownership. He argued that they may be introduced due to the maintenance of social order, the threat of natural disasters, the economic needs of the state (for example, construction of infrastructure) or related to state security, as well as protection against the effects of excessive concentration or improper allocation of property. The scholar was also a supporter of the institution of expropriation for public purposes. The size and boundaries of the limitations were to be determined by the current social and state needs. The views of Polish Catholic solidarists on the land reform were not uniform.

Polish Catholic solidarists promoted the position of Leo XIII regarding the necessity to distribute property among the general public. This was emphasized in numerous works by Leopold Caro. Juliusz Makarewicz added an argument according to which the distribution of property in society is a sine qua non condition for maintaining the principle of equality of individuals in society. Private property was perceived by the representatives of the analyzed current as a necessary social institution.

Становлення навчального напряму «Iсторія західноєвропейського права» у Львові: від історії німецького права до комплексних порівняльних студій

2022-12-19T13:36:59+01:00

The article is devoted to the development of the study of the history of Western European Law in Lviv from the history of German law to complex comparative studies at the Faculty of Law of Lviv University. The contribution of the employees of the Faculty of Law of Lviv University to the advancement of Western European law is shown. The authors list contemporary researchers at Lviv University who studied Western European law, as well as prominent foreign researchers who have been and are interested in this topic. The peculiarities of scientific and educational works of scientists are studied and their significance and contribution to the development of Western European law at the Faculty of Law of Lviv University are analyzed.

The use of historical experience, based on the example of the Faculty of Law of Lviv University, namely, the formation and development of Western European law as an academic subject, has brought invaluable progress in the study of law. This is because the development of Western European law today will help us better understand the value of the origins of scientific concepts that were formed and are still being formed under the influence of different historical periods, which were initiated by scholars of the Faculty of Law, Lviv University.

The history of Western European law is a complex field, developed actively in Lviv since the early 20th century. Its formation took place on the basis of studies in the history of German law, which were conducted at the University of Lviv in the previous century. Their characterization as a scientific field, as well as through the prism of departments and teachers, was provided in the article “Formation and development of the historical and legal school at the Faculty of Law of Lviv University” by Igor Boyko and Vladimir Kakhnych, as well as in the thorough monograph Legal Education and Science at the University of Lviv (1661–1939) by Kakhnych. These authors characterized the history of German law within, according to their definition, the scientific school of the history of state and law of non-Slavic peoples, arguing that this scientific environment began to take shape at Lviv University, named after Emperor Franz I in the second half of the 1850s. From 1855, the Department of German Law operated at the Faculty of Law, headed first by Ferdinand Bischoff and then by Heinrich Brunner. Among Bischoff’s works, Boyko and Kakhnych highlighted Beiträge zur Geschichte des Magdeburger Rechts (Articles on the History of Magdeburg Law, 1865) and Über des deutschen Rechtskodex der Bibliothek (On the German Legal Code of the Cracow Library, 1865), and among the works of Brunner Die Landschenkungen der Merowinger und Agilolfinger (Grant of Land for Merovingians and Agilolfingers, 1885), Deutsche Rechtsgeschichte (History of German Law, 1887–1892), and Grundzüge der deutschen Rechtsgeschichte (Fundamentals of the History of German Law, 1901).

So, as we see, Brunner went from writing narrow thematic works to syntheses, which required the educational process. Among the next generation of representatives of the scientific school of the history of state and law of non-Slavic peoples, Boyko and Kakhnych emphasized the figure of Edward Bull, who conducted studies on the history of German state and law in 1870–1880, then Alexander Janowicz, Przemyslaw Dombkowski, Alfred Galban. In characterizing these scholars, the authors focused primarily on their biographies. Here we will try to cover their teaching activities in the context of the history of German law and the history of Western European law (based primarily on the official publications of Lviv University, which have the character of primary sources).

Łużyce w wybranych polskich koncepcjach polityczno-prawnych po drugiej wojnie światowej

2022-12-19T13:51:01+01:00

Polish interest in the area of Lusatia dates back to the 18th century, but it significantly intensified in the interwar period, along with the development of Polish western thought. An interesting aspect of Polish-Sorbian contacts was intelligence cooperation in the interwar period, which was interrupted by the outbreak of the war. With the end of World War II approaching, the issue of shifting Poland’s western border, as well as the reorganization of Germany, was becoming more and more frequent in various political circles. The Sorbian cause was also debated. It was postulated that Lusatia should become an independent state, be incorporated into Poland or Czechoslovakia or remain within the borders of Germany with the status of autonomy. It should be emphasized that the Sorbian subject in Poland was clearly related to the issue of the western border. Despite their efforts, the Sorbs were unable to internationalize their aspirations and to convince the Soviet authorities to accept them. With the creation of East Germany, the chance of some form of independence for the Sorbian people or merging with another Slavic country became very small.

Юридична доктрина як різновид доктрини правової

2022-12-19T14:01:34+01:00

The article is devoted to the general theoretical characteristics of the phenomenon of legal doctrine. For a long time, the author has repeatedly argued that scholars who use in their work adjectives derived from the term “law” (that is, “legal”), should first declare on what legal understanding it is based. After all, as is well known, all previous and current interpretations of this term are pluralistic. It is likely to remain the same in the future, especially given the insurmountable social heterogeneity of any society in the modern world. If this caveat is openly discussed, then in many cases debates on issues in which these adjectives are used risk resembling a discussion between blind and deaf interlocutors.

After all, the sign, the property of “legality,” is usually associated with the regulatory activities of the state, with the will of its organs. However, among other types of legal understanding (in particular, for example, the so-called “natural” or sociological, including the so-called communicative or psychological) state-regulatory activities are often not mentioned at all, although these adjectives are actively used. Thus, in the latter case, legal doctrines will already be outside those doctrines that are not based on legal-positivist legal understanding, and therefore cannot be considered literally “legal,” although they will remain legal doctrines.

According to the results of Lviv research conducted under my leadership in the early 1960s (these results were published in the article “Phenomena of law: The necessary interpretation” in the journal Law of Ukraine, no. 6, in 2019, as well as in the book Fundamentals of Theory and Philosophy of Law, published in Lviv in 2021) the number of phenomena denoted by the term “law” reaches almost fifteen.

Under this approach, “jurality” and “legality” can hardly be considered unambiguous properties, characteristics of certain social phenomena. Therefore, not every legal (in the sense just defined) doctrine, that one that is declared, supported, implemented by the state (represented by its bodies, officials), is always jural and not all subjects can be qualified as legal.

Klauzula integracyjna w Konstytucji RP

2022-12-19T14:55:51+01:00

This article aims to present the legal regulation contained in the Constitution of the Republic of Poland, which allowed Poland to join the European Union. The scope of the regulation contained in Art. 90 of the Constitution of the Republic of Poland provided the minimum and at the same time sufficient grounds for the accession; however, this norm does not specify all issues that may need clarification. The basic defects of Art. 90 include the use of unclear concepts that may raise doubts in the process of their application. Criticism was levelled particularly at the lack of unambiguous specification of the substantive limits of non-transferable competences. The cited provision of the Constitution of the Republic of Poland states only that the “transfer” may not include entire competences of certain bodies (for example, legislative, executive, or judicial), but only the competences of these bodies in certain matters.

In the light of this very imprecise way of defining the limits of the competences to be delegated, the only available way to define the limits of the delegated competences is referring to the axiological values on which the Constitution of the Republic of Poland is based. The article also emphasizes that nowadays, after numerous years of Polish membership in the EU, and after the introduction of the provisions of the Treaty of Lisbon, which significantly changed the principles of the functioning of the EU, it is necessary to make appropriate amendments to the Constitution of the Republic of Poland.

On the question of “inherent” powers of the President of Ukraine

2022-12-19T15:04:00+01:00

The purpose of the article is an attempt to research the origin and content of the doctrine of “inherent” powers of the head of state, as well as to clarify the expediency of its implementation in Ukrainian realities. The relevance of this research direction is due to the fact that during the years of Ukraine’s independence, most heads of the state tried to increase their powers not only by amending the Constitution, but also by applying the aforementioned doctrine in practice.

Today, the Constitutional Court of Ukraine takes a restrained position on the issue of implementing “inherent” powers. Thus, the Court has repeatedly confirmed its legal position that the Fundamental Law does not grant the Verkhovna Rada of Ukraine the right to determine in its acts the powers of the parliament and the head of state beyond those established by constitutional norms. However, such legal positions did not receive universal support among scientists and have already become the subject of discussions.

Although analyzing the Constitutional Court’s decisions passed in recent years leads to the conclusion that “inherent” powers have no place in constitutional jurisprudence, some decisions of the constitutional jurisdiction body in the past decades still leave room for the implementation of such powers. Thus, the analyzed decisions made it possible to reach the conclusion that the search for the “inherent” powers of the President should be carried out in areas included in the scope (responsibility) of the head of the Ukrainian state — namely, foreign policy activities, national security and defense. However, it should be noted that the further development of these ideas in practice is currently impossible without a review of the existing constitutional jurisprudence.

Sharing the opinion on the need to establish “inherent” powers of the President, we consider it necessary to emphasize the necessity for their strict regulation and the presence of clear limits of their application. Such limits seem extremely important, since under other conditions there is a risk of the President getting the impression that arbitrary development of this doctrine is possible. Therefore, the establishment of “inherent” powers in the national doctrine for the head of state should be accompanied by effective constitutional control, and the purpose of such powers is to take effective and urgent measures necessary for the performance of basic duties. After all, in conditions when state institutions are weak, the risk of usurpation of power is no less a threat than the aggressive policy of Ukraine’s eastern neighbor. Under such conditions, flirting with the doctrine of “inherent” powers can easily turn from the saving straw of the nation into its enslaver.

With that in mind, the article analyzes the viewpoints already available in the scientific doctrine regarding the limits of application of the doctrine of “inherent” powers and makes proposals for their further implementation and improvement, in particular through the activities of the body of constitutional justice.

Фактори впливу на особливості правового статусу публічного службовця

2022-12-20T09:15:45+01:00

The question of the legal status of a public official often becomes the subject of scientific research in the branch of administrative law. Scholars mainly focus on the structure of such status and the characteristics of separate elements of the status. Some underline the moment of the origin of the legal status and connect it with taking an oath. The establishment of these factors will make it possible to secure the legal regulation of public service which will help determine the general and special status of the public official. This will help in the preparation of official instructions for separate categories of positions of public service. In this article, the category “public servant” refers to state servants and professional servants of local authorities.

The legal status of the public official is defined through the following elements: obligations and rights, limitations and prohibitions, and guarantee of the activities. In this article the importance of ethics of behaviour of the public servant, understood as adherence to ethical norms, is underlined as the main duty that the public official takes on voluntarily by taking an oath. The combination of these elements is determined by the regime of the legal public and service activity of the person.

The legal status of the public official is influenced by principles of public service, which are determined by the directions of service activity. The public official applies the principles of the service, passing decisions within their discretionary power.

The status of the public official is also influenced by different objective and subjective factors. Subjective factors are related to the public servants themselves; for example, obtaining additional skills or qualifications will help one to make a good career. Objective factors do not depend on the will of the public official but determine the peculiarities of the legal status. Objective factors include changes in the system of public service, reorganization of the authority, changes in the administrative and legal regime in which the public official works.

Research on the influence of objective and subjective factors on the legal status of the public official will help to propose a model of the lawful behaviour of the public official in different circumstances. The situation in Ukraine, which arose as a result of the attack of the Russian Federation on 24 February 2022, has made it necessary to determine in the regulatory order the algorithm of the acts of the public official in case of occupation of a certain territory.

In the conclusions it is proposed that law regulation should be improved in the sphere of public service and that factors that influence the peculiarities of the legal status of the public official should be taken into consideration.

Правова охорона біорізноманіття у стратегічних документах України

2022-12-20T09:21:49+01:00

The author analyzes the basic principles of the state environmental policy of Ukraine in the field of biodiversity protection. Attention is drawn to the fact that the integration of environmental policy in the decision-making process on socio-economic development
of Ukraine is carried out by including issues of the values of biodiversity in national, local, strategic, policy documents and plans for economic development.

It is emphasized that the development of spatial planning and economic activities should be consistent with environmental requirements, and the legislation on strategic environmental assessment (SEA) and environmental impact assessment (EIA) should be taken into account.

It is underlined that SEA is a modern and effective tool that can predict the consequences for the environment, identify threats to biodiversity, historical and cultural heritage and public health from the implementation of state planning documents, offer alternatives and develop measures to prevent or reduce possible negative consequences for the environment.

The author believes that the national environmental policy should not only be consistent with the obligations set out in the European Union Association Agreement on the implementation of mandatory EU Directives for Ukraine in the field of environmental protection, but it should also focus on new strategic vectors of EU environmental policy, particularly the EU’s biodiversity strategy for 2030.

The importance and urgency of developing and implementing a new general scheme of planning of the territory of Ukraine on the basis of leading geographic information technologies is proved. These technologies will form a framework for a national geographic information system of coordinated and transparent governance in all areas, including environmental protection.

It is underlined that the modern strategic direction of the state ecological policy of Ukraine should be a comprehensive approach to determining the extent of environmental damage caused by the military aggression of the Russian Federation on the territory of Ukraine and proper recording of all instances of environmental crimes committed by the occupiers.

Karnoprawna ochrona dziedzictwa kulturowego w Ukrainie w sytuacji konfliktu zbrojnego

2022-12-20T10:00:07+01:00

The attack of the Russian Federation on Ukraine on 24 February 2022 and the subsequent hostilities on the territory of Ukraine constitute the largest military conflict in Europe since the end of World War II. From the first days of the attack on Ukraine, the Russian armed forces have openly and extensively violated generally accepted laws and customs of war. Russian troops fire rockets, artillery, and other weapons, including prohibited weapons, at Ukrainian towns and villages, targeting civilian objects: hospitals, schools, universities and museums, houses, and cultural heritage sites. In the temporarily occupied territory of some regions of Ukraine, the Russian soldiers are killing, kidnapping and raping civilians, stealing and destroying public and private property, including agricultural products. The invaders also steal and export Ukrainian cultural property.

The Ukrainian cultural heritage has suffered the greatest blow since the conquest of Ukraine by Bolshevik Russia in the first half of the last century and the occupation of Ukraine by Nazi Germany during World War II. Despite the state of war, Ukrainian law enforcement agencies are obliged to investigate crimes against the national cultural heritage. Ukraine is a party to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two protocols. Art. 438 of the Criminal Code of Ukraine provides for criminal liability for looting of national valuables and other violations of laws and customs of war under international treaties, approved by the Verkhovna Rada of Ukraine, as well as ordering such actions. Some vagueness in the wording of the features of this crime cannot impede the effective investigation of crimes against cultural heritage. At the same time, the importance of investigating crimes against Ukrainian cultural heritage encourages the improvement of the provision on criminal liability and its presentation in accordance with the provisions of Art. 15 of the Second Protocol to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict.

The efforts of Ukrainian law enforcement agencies and prosecutors to investigate crimes against cultural heritage deserve international support. The revealed instances of destruction of cultural heritage sites and illegal export of Ukrainian cultural property outside the state must be thoroughly analyzed. All available methods, including monitoring of social networks and specialized online auctions, should be used to investigate crimes against the national cultural heritage.

Ochrona prawna dóbr kultury podczas trwania konfliktów zbrojnych — aspekty karnoprawne w kontekście agresji Federacji Rosyjskiej na Ukrainę

2022-12-20T10:52:06+01:00

The threat to cultural goods during military operations is still a real problem, as evidenced by the barbaric aggression of Russia against Ukraine. Every war is associated with the plunder and destruction of cultural heritage, as evidenced not only by the experiences of the World War II, but also the recent wars in Iraq and Syria, where historical monuments were plundered and destroyed. Cultural heritage, especially its part which may be called national heritage, very often determines the identity of a nation, and therefore its preservation is extremely important. The experience of many wars allowed for the creation of a separate system for the protection of cultural goods in the event of armed conflicts also under international law. Poland, as a country greatly affected by the losses suffered by its national heritage during World War II, is still trying to find and recover monuments and works of art stolen by its occupiers. The protection of national heritage is the task of the state. The system of protection of cultural heritage in force in Poland is based primarily on regulations in the field of administrative law; however, ratified acts of international law and selected regulations of domestic law also provide for criminal law protection of cultural goods in the event of an armed conflict.

Wykluczenie wykonawcy wspierającego agresję na Ukrainę z postępowań o udzielenie zamówienia publicznego

2022-12-20T10:06:42+01:00

The article describes issues related to the application of procedures on public procurement and competitions in the case of a contractor supporting the Russian aggression against Ukraine. The exclusion of such a contractor is regulated by the Act of 13 April 2022 on unique solutions to prevent support for aggression against Ukraine and protect national security. Public procedures in Poland are regulated in the Act of 11 September 2019: Public Procurement Law.

Право інтелектуальної власності в Україні в умовах війни: вплив цифрового середовища, продовження строків чинності прав, націоналізація та заборона використання позначень

2022-12-20T10:58:39+01:00

The article discusses current issues of intellectual property rights in Ukraine during the war: the influence of the digital environment on the acquisition and exercise of intellectual property rights during the war, the possibility of suspending and extending the validity of intellectual property rights, the procedure for nationalization of intellectual property rights and banning the use of certain symbols associated with the armed aggression of the Russian Federation. It has been shown that with the beginning of the war against Ukraine (from February 2022) the rights holders could not exercise certain intellectual property rights, and the Patent Office of Ukraine suspended its functions and handed them over to Ukrpatent, which caused some difficulties for the applicants. In April 2022 the Parliament of Ukraine passed a law to protect the interests of intellectual property during martial law imposed in connection with the armed aggression of the Russian Federation against Ukraine, which aimed at protecting the rights of intellectual property of persons who cannot exercise such rights. Since the imposition of martial law in Ukraine, the deadlines for actions related to the protection of intellectual property rights, as well as deadlines for procedures for acquiring these rights have been defined by the laws of Ukraine on inventions (utility models), industrial designs, trade brands, semiconductor products, geographical indications, plant varieties, as well as copyright objects. The futility of applying the norm on inventions (utility models) has been proved, according to which intellectual property rights which expire on the day of the beginning of martial law in Ukraine or during martial law, remain valid until the day following the day of termination of martial law. It has been established that during martial law the National Patent Office of Ukraine switched to the electronic form of record-keeping with applicants and rights holders. It has been demonstrated that electronic record-keeping in the relationship between applicants (or rights holders) and the intellectual property body is a requirement in modern digitalized societies, as there has long been a need for electronic record-keeping by the National Patent Office. It is argued that symbols associated with the Russian invasion should be banned altogether, and so already-registered trademarks containing the relevant elements should be withdrawn from civil circulation (that is, be banned), as the interests of society and the state must be above the economic interests of a particular trademark owner. It has been stated that it is justifiable to develop a law that would provide compensation mechanisms for bona fide trademark owners who will be deprived of the opportunity to use the trademark in connection with the adoption of a law banning the use of signs associated with the Russian invasion. The objects of intellectual property rights belonging to the Russian Federation and its residents on the territory of Ukraine can be nationalized in accordance with the law. The decision to confiscate any property rights in Ukraine, including intellectual property rights, of the Russian Federation and its residents is made by the National Security and Defense Council of Ukraine and is enacted by the decree of the President of Ukraine. The possibility of using the invention or utility model in martial law on the basis of a compulsory license issued by the government to meet the needs of defense, medicine and other social needs is substantiated.

Obywatele Ukrainy przybywający do Polski po 24 lutego 2022 roku — zarys problematyki prawnej

2022-12-20T11:42:01+01:00

On 24 February 2022, the Russian Federation brutally attacked neighbouring Ukraine militarily. Nobody expected any war to start in Europe in the 21st century. From the very beginning, the Polish government decided to support the Ukrainian nation and, as a matter of urgency, passed a special act on aid for Ukrainian citizens in connection with an armed conflict in the territory of that country. Like every legal act, this one also has its strengths and weaknesses. The article focuses on describing this special act, which was created in extraordinary circumstances, since Russia’s military aggression on the territory of Ukraine is such a circumstance. In a short time, Poland became a leader of support of the fraternal Ukrainian nation. In the legal aspect, the most important thing is that the help is compatible with the principles of a democratic country of law. Proper understanding and interpretation of this legal act will allow Poland to achieve the intended legal and moral effects.

Nowe regulacje w polskim prawie podatkowym jako forma pomocy obywatelom Ukrainy — przykład ryczałtu od dochodów spółek (tak zwany estoński CIT)

2022-12-20T11:48:14+01:00

The article is devoted to the new tax law regulations introduced to help Ukrainian citizens. Due to the large emigration of Ukrainian citizens to Poland, many new solutions have been introduced in the tax law, for instance, tax exemptions for donations for humanitarian aid purposes or reductions in the tax rate. One example of such solutions, discussed in more detail in this article, is the refraining from collecting lump-sum tax on corporate income.