Ius Novum (ISSN 1897-5577, online ISSN 2545-0271) is a peer-reviewed scientfic quarterly of the Faculty of Law and Administration of Lazarski University in Warsaw. It has been published since 2007.
Gloss on the Resolution of the Supreme Court of 4 April 2023, III CZP 11/22
This commentary on Supreme Court resolution III CZP 11/22 aims to address the question of whether a mortgage on a third party’s property should be extinguished upon cancellation of the bankrupt’s debts. It deals with the accessoriness of a mortgage and its role, as well as the admissibility of making a mortgage serve other purposes sanctioned by the legislature in the Bankruptcy Act. The commentary analyses the nature of the debt cancellation mechanism and the extent to which the solution proposed by the Supreme Court is compatible with the normative aim of the regulation, which is to seek creditor satisfaction. It also discusses the potential consequences of applying the judgment in practice, including the weakening of the function of a mortgage and of the position of the creditor, and the risk of abuse by debtors. Reference is also made to the impact the judgment may have in the context of conditional debt cancellation in bankruptcy proceedings.
mortgage, debt cancellation, extinguishment of a mortgage
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc-sa/4.0
The Right of an Employee to a Day Off Granted in Connection with Religious Holidays Not Regulated in the Act on Public Holidays
The article is devoted to issues relating to the right of employees belonging to churches and religious associations in Poland to be released from work in order to celebrate religious holidays other than those listed by the legislator in the Act on Public Holidays. The issue under consideration is also inextricably linked with respect for rights and freedoms and the prohibition of discrimination against every individual; therefore, the author also presents the most important regulations in this area. In undertaking a legal analysis of an employee’s right to celebrate religious holidays observed in their faith, the author sought to determine the extent to which current legal solutions and case law safeguard against discrimination on religious and worldview grounds, and the extent to which they permit the restriction of these rights on account of the interests of others, including employers. The subject matter of the analysis is supplemented by views expressed in legal doctrine, decisions of the European Court of Human Rights, and the case law of the Court of Justice of the European Union.
freedom, religion, discrimination, employer, employee, labour law, religious holidays
Practical Aspects of Cross-Border Assignment of Claims in Cases Concerning Compensation for Delayed or Cancelled Flights
The article aims to answer the question of whether consumer protection regulations apply to the cross-border assignment of claims for compensation for delayed flights. As indicated, in accordance with recital 18 of Regulation No 1215/2012, in matters relating to insurance, consumer contracts and employment law, the weaker party should be protected by rules of jurisdiction that are more favourable to their interests than the general rules. The analysis carried out in this study, supported by numerous judicial decisions, confirmed the possibility of consumers assigning claims. However, in cases concerning claims against an air carrier under Regulation No 261/2004, the special jurisdiction rule provided for in Article 7(1)(b) second indent of Regulation No 1215/2012 applies.
national jurisdiction, assignment of claims, consumer protection
Legal Perspective on the Assessment of the State of Consciousness in a Person Suffering from Dementia or Another Dementing Disorder
Subject of research – The considerations undertaken in this study focus on the issue of assessing, from a legal perspective, the state of consciousness of a non-incapacitated adult suffering from dementia or other dementing disorders. Main thesis – A diagnosis of dementia or other dementing disorders is insufficient to render a declaration of will made or a legal act performed invalid in every case. The model of supported decision-making, especially the institution of a registered power of attorney, which would produce effects only from the moment when at least two doctors (a neurologist and a psychiatrist) establish that the ill person is in a state precluding conscious decision-making, is a desirable and necessary solution in the Polish legal system. In view of the plans to abolish the institution of incapacitation, this solution would be an expression of the legislator’s genuine concern for the protection of the rights of persons affected by dementing disorders. Purpose of the research – The purpose of the considerations in this study is to indicate the heterogeneity of the legal provisions and the difficulties of interpretation in the area of the issues raised herein, as well as to attempt to answer the question of whether the legal regulations currently in force guarantee sufficient protection of the rights of a person suffering from dementia or another dementing disorder with regard to their right to self-determination. Nature of the article – The article is a review. The cognitive value of the considerations made in the article, based on an analysis not only of legal doctrine, but also of medicine in the field of dementing disorders, may be of importance both for science and for practice, especially as regards the interpretation of the legal regulations currently in force. Methods used – The study uses theoretical-legal and dogmatic-legal methods, based on an analysis of the substantive content and views of representatives of legal and medical doctrine, as well as on an extensive analysis of the body of jurisprudence. A problem-based analysis of the issue under study was carried out. Conclusions – The issue addressed in this study is important not only legally but also socially. In view of the progressing demographic changes in Poland, the need to develop a comprehensive model for the protection of the rights of persons suffering from dementia or other dementing disorders is increasingly urgent in Polish law. Each dementing disorder has a significant impact on human consciousness. Within the framework of the right to self-determination, every person should be able to decide on their own affairs in the event of a deterioration in their health. The current gap in the law regarding the possibility of deciding that a third party will manage the affairs in the future of a patient who has only just been diagnosed with a dementing disorder may be filled by introducing into the legal system a registered power of attorney (also referred to in other countries as a ‘preventive’ or ‘guardianship’ power of attorney), the effectiveness of which will be triggered only after authorised doctors have established that the patient has lost awareness. In this way, under the Polish legal system, a person suffering from dementia or other dementing disorders will be genuinely guaranteed the right to self-determination, without doubts as to possible excessive state interference in the sphere of individual rights.
lack of consciousness, dementia, dementing disorder, power of attorney, capacity to perform legal acts
Criterion of Significant Contribution to the Development of a Specific Discipline in Habilitation Proceedings
This article is an original research paper concerning the interpretation of one of the prerequisites for conferring the academic degree of habilitated doctor in Poland, i.e. the prerequisite of making a significant contribution to the development of a specific scientific discipline. Starting from the statement of ambiguity of the provision formulating this prerequisite, the author indicates possible ways of understanding that provision, and then determines which interpretation, in the light of recognised methods of legal interpretation, should be regarded as appropriate. The aim of the research is to prove the main thesis that the aforementioned prerequisite, contrary to widespread practice, should be understood as meaning that the contribution to the development of the discipline must be made by the habilitation candidate’s entire body of work, and not by the main work alone. In this respect, the author’s findings are original in nature, as this view, although already presented to a limited extent in the literature, has not been substantiated in detail to date. The results of the research conducted may be of significant importance for the functioning of the system of scientific promotions in Poland, as they have the potential to modify the current practice of reviewers and bodies participating in habilitation proceedings.
habilitation, review, body of work, habilitation proceedings, contribution to the development of the discipline
Order to Carry Out Works or Construction Works on an Immovable Monument
The state’s guardianship over immovable monuments entered in the register of monuments is reflected in the possibility of issuing a decision under Article 49(1) of the Act on the Protection of Monuments and the Care of Monuments. This decision allows conservation authorities to order conservation work or construction work where there is a threat of destruction of or significant damage to a monument. Although it is assumed that such a decision may be issued regardless of the state of preservation of the monument, and therefore also in respect of destroyed monuments, discrepancies have arisen in the case law regarding the application of this provision, particularly in situations where the poor technical condition of the monument was caused by the owner’s neglect and the inaction of the conservation authority. This study analyses Article 49 of the Act, focusing on its protective function and its application in conservation practice. It aims to identify the circumstances in which conservation authorities may order conservation work or construction work, define the scope of obligations imposed on owners of immovable monuments, and assess divergences in administrative court case law, particularly regarding significantly deteriorated immovable monuments.
immovable monument, conservation supervision, order to carry out restoration work or construction work
Complaint about Inaction Regarding Failure to Adopt the Municipal General Plan
This study, based on a formal-dogmatic approach and doctrinal interpretation of legal texts, aims to clarify doubts related to the 2023 reform of spatial planning and development in Poland, arising from the new legal institution introduced as part of this reform: the municipal general plan. Specifically, the text analyses the admissibility of judicial review of these spatial planning acts, and in particular the possibility of effectively initiating proceedings before an administrative court in a case arising from a complaint concerning the inaction of a municipal body in failing to adopt a municipal general plan, as well as the admissibility of a public-law claim concerning the municipality’s inclusion of optional elements in the general plan, particularly the development supplementation area, which is crucial to the issuance of decisions on development conditions. This analysis is expectation that these issues will soon arise in the adjudicatory practice of administrative courts. Therefore, it is worth considering now the issue of judicial review of municipal general plans, which must be adopted in each municipality by 30 June 2026.
municipal general plan, development supplementation area, legislative recognition, legislative inaction, administrative judiciary
Criminal Liability of Juveniles in Ancient Rome
In 2022, the Act on the Support and Rehabilitation of Juveniles was enacted. It introduced new age limits determining the responsibility of minors for criminal acts. In the ongoing public debate on these regulations, legal-historical arguments have been lacking. The aim of this article is to present the principles of criminal responsibility in Roman law, with particular focus on juveniles. The research was carried out on preserved source material using the dogmatic method, which presupposes a logical-linguistic analysis of the source text, taking into account the principles of interpretation, and the historical-legal method, which serves to show the genesis and development of the institution in question. The analyses carried out show that, in Roman law, the perpetrator’s awareness and understanding of the act committed were of greater importance for criminal responsibility than merely having automatically crossed a particular age threshold. The considerations presented are not only significant for the history of law, but also constitute a – hitherto neglected – voice in the discussion on the criminal responsibility of minors in contemporary Polish law.
criminal responsibility, age, Roman law, juvenile
Pegasus Software and Fair Criminal Proceedings
The study discusses the functionalities of programmes created to provide special services with the possibility of taking control of mobile devices. By presenting cases of the use of such systems for political purposes and by describing a situation in which incriminating material was fabricated through the use of such systems, the author argues that there is a need for increased judicial oversight of the secret services’ activities and for a change in the approach taken by criminal trial authorities to material secured in terminal devices. In view of the possibilities offered by spyware, such material may serve as the basis for findings unfavourable to the accused only after external interference has been excluded, which is all the more difficult because the activities of the secret services are covered by secrecy. The aim of this article is to initiate a discussion on the use of material obtained from the memory of mobile devices in criminal proceedings and to consider the direction in which changes to the law should be undertaken in order to reduce the related threats to fair proceedings.
spyware, evidence, surveillance, secret service
Attorney of a Person Who Is Not a Party to Preparatory Proceedings
The subject of this study is an analysis of the current issue of refusing to allow the attorney of a person who is not a party to participate in preparatory proceedings on the basis of the evaluative and unclear grounds set out in Article 87 § 3 of the Code of Criminal Procedure, combined with the lack of any possibility of appealing to the court against the prosecutor’s decision refusing permission in this respect, which does not meet constitutional and international standards. De lege ferenda, it is proposed that the cited provision be amended, which will eliminate the above violations.
attorney, person not being a party, preparatory proceedings, complaint, interest in the proceedings
Criminal Liability for Accepting a Commission to Commit Murder
This article examines issues of criminal liability arising from the acceptance of a commission to commit murder, as provided for in Article 148a § 1 of the Polish Penal Code. The newly introduced offence has been justified as a means of strengthening the protection of human life at a stage preceding conduct that directly endangers it. However, the interpretation of its statutory elements gives rise to serious doubts as to the justification for its operation within the Polish legal order. The purpose of this study is to identify the principal deficiencies of the offence and to assess whether its incorporation into the Penal Code was justified. The analysis addresses, in particular, the omission of criminalisation in cases where the acceptance occurs without remuneration, the potential tension with the principle cogitationis poenam nemo patitur, and the difficulty of distinguishing remunerated acceptance of a commission to commit murder from preparation to commit murder. The conclusions support the view that the criminalisation of accepting a commission to commit murder should be reconsidered and, ultimately, repealed.
murder, acceptance of a commission to commit murder, intent, criminalisation, preparation
‘Intervention’ Draft Amendment to the Penal Code in the Context of Changes Made to Criminal Law Pursuant to the Act of 7 July 2022 (Selected Problems)
This study examines the changes in substantive criminal law already made and planned for the years 2022–2025. The starting point for the analysis is the issue of the motives for and scope of the changes introduced to the Penal Code under the Act of 7 July 2022, which radically tightened criminal liability, significantly increasing the level of punitiveness of criminal law, while being based on an unreliable diagnosis of the reality concerning the picture of crime. In this context, proposals for a corrective and, at the same time, interventionist amendment to the Penal Code of 14 June 2024, presented by the Criminal Law Codification Commission, are discussed. Expressing a positive opinion on the proposed changes, it is considered that their scope is narrow, and the need to undertake work on the preparation of a new Penal Code in the near future is indicated. Following the comments made on the draft amendments to the Penal Code prepared by the Codification Commission, a proposal for the government draft amendment to the Penal Code of 28 October 2024 (UD 153), developed on the basis of the draft of the Criminal Law Codification Commission and adopted by the Council of Ministers on 15 July 2025, is presented. Although the direction of changes in both drafts is similar, not all solutions proposed by the Codification Commission received government support. The final part of the study indicates those proposals of the Codification Commission that were rejected by the government, which points to a very narrow, albeit necessary, scope of the proposed amendment. Nevertheless, in the opinion of the author of the study, the proposed changes presented in the draft significantly increase the court’s discretion in the imposition of punishment and may contribute to the rationalisation of the administration of justice.
criminal law, amendment to the Penal Code, Criminal Law Codification Commission, government draft amendment to the Penal Code
Gloss on the Judgment of the Court of Appeal in Lublin of 22 November 2022 (ref. no. II AKa 231/22)
The commented ruling refers to the issue of the relationship between the provisions of Article 161 § 3 of the Penal Code and Article 165 § 1(1) of the Penal Code. The interpretative difficulties arose upon the introduction of Article 161 § 3 into the legal system as a consequence of the COVID-19 pandemic. The judicial authorities were faced with the choice of the correct legal classification of behaviours aimed at the spread of infectious diseases. The problem constituting the crux of the title judgment is therefore important both dogmatically and in the practice of applying the law. The significance of the subject matter is also visible in the special nature of the prohibited acts in question, the implementation of which is related to the occurrence of biological pathogens invisible to the human eye that cause infectious diseases and which did not disappear once the SARS-CoV-2 pandemic had been brought under control.
infectious disease, exposure to infection, bringing danger, apparent coincidence, health of many people
The legislator, under the Act on Access to Public Information, introduced a distinction between simple and processed information. Processed information is understood as information that, as at the date of submitting the request, does not exist in a form expected by the requester and, therefore, has to be specially generated for the requester’s needs. Provision of processed information is conditional upon the requirement of particular importance for the public interest. A special category of public information, access to which is governed by a separate legislative act, is environmental information. Under the Act o n the Provision o f Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments, however, the legislator has not introduced any provisions on access to processed information. This gives rise to a practical problem as to how an entity obliged to provide information should react if it receives a request for environmental information whose nature indicates that, in fact, processed information has been requested. The purpose of this article is to resolve this practical issue through a dogmatic analysis of the provisions of both aforementioned Acts in the light of relevant axiological considerations. This is the case as the opinions presented in the literature so far seem to conflict with fundamental constitutional values.
public information, environmental information, processed information, limitation of the right to information
Selected Income Tax Reliefs as Instruments Supporting Sustainable Development in Poland
Mea sures for sustainable development may involve both increasing taxes and introducing new taxes levied on taxpayers failing to pursue this goal, and preferential treatment for entities operating in a way that implements the sustainable development concept. This original scientific article analyses two income tax preferences – thermal modernisation tax relief and research and development tax relief – to verify whether the objectives for their introduction have been achieved. Special attention has been paid to issues experienced in practice in relation to the use of the aforementioned tax reliefs by taxpayers, leading to the conclusion that due to the number of doubts arising when trying to benefit from the tax reliefs and the often restrictive approach of tax authorities, these institutions do not provide optimal support for sustainable development goals. The applied research method was the dogmatic legal method, involving the determination of content, and the analysis, interpretation and exegesis of applicable law. Primary sources examined included foreign and national generally applicable legal acts, judgments, as well as individual and general tax rulings.
sustainable development, income tax, thermal modernisation tax relief, research and development tax relief
Actio Pauliana: A Legal Remedy for Individual Creditors or for All the Creditors? From Roman Law to the Present Day
The article analyses whether, if a debtor divests themselves of their assets and thereby renders satisfaction of creditors impossible, the right to challenge the debtor’s acts should be vested exclusively in all creditors jointly, appropriately represented, or whether individual creditors should retain the possibility of relying on individual legal remedies. To answer this question, the authors use the dogmatic method, the historical method, and the comparative method. The first section of this paper discusses how creditors were protected under Roman law. After an analysis of the legal remedies available in classical law, the standing to bring an actio Pauliana in Justinian’s law is discussed. Such an actio was available to the curator bonorum acting on behalf of all creditors, but it could also be brought by individual creditors. In contemporary law, the issue discussed in this article arises when a debtor is declared bankrupt. In such a situation, German law does not allow individual creditors to bring or continue individual actions. Until recently, the position under Polish law was similar, but following a recent resolution adopted by the Supreme Court, the prohibition has been relaxed and creditors are allowed to make auxiliary use of individual legal remedies. This is possible primarily when the receiver is unwilling or unable to bring an action on behalf of the bankruptcy estate. The latter approach merits approval, as it properly balances the interests of the parties concerned.
actio Pauliana, in integrum restitutio, interdictum fraudatorium, bankruptcy proceedings, creditor’s standing to sue
Awaiting the European Court of Human Rights’ Judgment on Pushbacks on the Border with Belarus
This article reconstructs and critically assesses the evolution of the European Court of Human Rights’ case law on the contemporary ‘migration crisis’. It aims to predict the Court’s upcoming ruling on pushbacks on the border with Belarus. The Grand Chamber, the largest adjudicating formation, will render a judgment in three applications against Poland, Lithuania and Latvia. Two previous key cases – Khlaifia and Others v. Italy, and N.D. and N.T. v. Spain – were heard first by a seven-judge Chamber and then by the Grand Chamber. The judgments reached different conclusions: the Chambers found a violation of the provisions of the European Convention on Human Rights, while the Grand Chamber found no violation. The Grand Chamber’s rulings have reshaped the Convention’s legal standards, particularly regarding the prohibition of collective expulsions. These standards will be applied to the three cases concerning pushbacks on the border with Belarus.
migrants, pushbacks, European Court of Human Rights, European Convention on Human Rights, prohibition of collective expulsions
The Ban on Veterinary Surgeons’ Advertising in Poland and European Union Law: An Analysis of the Compliance of National Regulations with EU Law
The purpose of this article is to analyse the compliance of Polish regulations prohibiting veterinary surgeons from advertising with EU law, particularly Directive 2006/123/EC on services in the internal market and Directive 2000/31/EC on certain aspects of electronic commerce. Particular attention is given to the impact of this compliance (or lack thereof) on disciplinary proceedings against members of the profession. The analysis indicates that Polish regulations, including Article 29 of the Act on Veterinary Facilities and Resolution No. 116/2008/IV of the National Veterinary Council, violate the EU principle of the free movement of services, specifically the right of veterinary surgeons to use commercial communications. This non-compliance necessitates the application of the principle of the primacy of EU law, meaning that disciplinary courts should consider EU regulations as ‘more lenient laws’ within the meaning of Article 4 § 1 of the Penal Code. The findings highlight the need to align Polish regulations with EU standards, ensuring that veterinary surgeons can use permissible forms of promotion in a manner consistent with professional ethics and the protection of the public interest.
veterinary surgeons’ advertising, commercial communication, regulated professions, European Union law, disciplinary proceedings
Legal Aspects of Performing Aesthetic Procedures
The aim of this article is to analyse the concept of aesthetic services, while also highlighting the variety of terminology used to describe the activities performed in this field. The article also attempts to define the qualifications necessary to carry out aesthetic procedures, including the qualifications that should be held by physicians performing services related to the modification or supplementation of anatomical structures. The purpose of addressing this issue is to present the scope of the problem and to indicate that regulatory gaps concerning aesthetic services contribute to the de-professionalising of medical profession, the absence of rules establishing principles governing interference with the human body, and an increased risk to individuals who undergo aesthetic procedures performed by persons from outside the medical community. The discussion is limited to Polish law, due to the significant diversity of solutions regarding aesthetic medicine services in other countries. The analysis conducted leads to the conclusion that the lack of legal regulations concerning the classification of healthcare services, their identification with healthcare services, as well as the absence of provisions defining the qualifications for their performance result in conceptual and classification chaos. This lack of clarity prevents the identification of instances in which persons performing such procedures exceed their professional competences, due to the absence of regulations specifying a catalogue of persons authorised to undertake such activities. There is an urgent need to regulate this matter, not only by standardising the certification process for medical skills in the field of aesthetic and reconstructive medicine, but also by introducing rules defining the principles of performing aesthetic procedures by persons practising medical professions other than that of physician, as well as by persons who have no formal connection to healthcare.
aesthetic services, aesthetic medicine, medical law, aesthetic procedures, beauticians’ qualifications, cosmetologists’ qualifications
Review in the Habilitation Proceedings in the Discipline of Legal Sciences
T he article analyses problems arising from the statutory regulation of reviews in the proceedings for the award of the postdoctoral degree of doktor habilitowany. The analysis covers: the substantive scope of the review; the nature of scientific achievements constituting a significant contribution to the development of the discipline of legal sciences; and the meanings of the terms ‘monograph’ and ‘series of thematically related scientific articles’. The structure of the review and its basic components are also presented: the introduction; the analysis and evaluation, including formal and substantive assessment (of the choice of topic, the structure of the study, the research problem, research objective, research thesis, and research hypothesis, the appropriateness of the research methods applied, and the significant contribution to the development of the discipline of legal sciences); as well as the quality of the review, its form, and the deadline for its preparation.
degree of doktor habilitowany, discipline of legal sciences, monograph, review, scientific achievement, series of thematically related scientific articles, significant contribution to the development of the discipline of legal sciences; structure of the review
Delegating an Employer’s Managerial Prerogative to Artificial Intelligence: A Challenge of The Present or a Projection of The Future?
The use of artificial intelligence (AI) in employment is now a fact. In this article, the author examines whether it is possible for AI to exercise managerial authority over employees. The discussion of the substantive elements of this issue is preceded by an analysis of whether managerial prerogative can only lawfully be exercised by natural persons or whether it can be lawfully exercised by artificial intelligence. If the findings of this analysis indicate that AI can exercise managerial prerogative, this provides the starting point for addressing the substantive issues concerned. The analysis is conducted on multiple levels: on the one hand, it examines the requirements that interpersonal communication must satisfy; on the other hand, it analyses the current stage of AI’s technological advancement. The author recognises that a workforce cannot be managed effectively without accounting for emotional elements as a determining factor in human activity, which may be of particular relevance to the effective implementation of instructions received by employees. Recognition of the importance of emotions means that the extent to which AI is capable, at the current stage of technological development, of using emotions to achieve its intended goals, must be considered, and whether one can at all speak of emotional intelligence with regard to AI. The author examines Emotional Artificial Intelligence technology, which is undergoing evolutionary development. These reflections determine to what extent EAI currently enables the managerial prerogative described in the title to be exercised over employees, while simultaneously considering the advantages and risks associated with the extensive use of artificial intelligence in the analysed aspect of employment relations.
artificial intelligence, emotional intelligence, managerial prerogative, emotions, subordination
Would Cain Plead Guilty to the Murder of Abel? On the Historical Transformation of the English and American Trial Model as a Source of Plea Bargaining
The article presents a historical-legal analysis of the evolution of the Anglo-Welsh and American criminal process in the context of those elements of both models that determined that it was the common law legal culture that developed the phenomenon of plea bargaining. The results of British research are presented, showing that the shape of the criminal procedure of England and Wales, as late as the turn of the eighteenth and nineteenth centuries, differed significantly from the now-familiar purely adversarial model, characterised by the high involvement of professional representatives of the parties, the inactivity of the defendant and the passivity of the court in the course of the trial. As pointed out, it was the adversarial transformation of English procedure observed in particular since the early nineteenth century, affecting the decline in the previous effectiveness of the jury trial, that led to the development of plea bargaining. The different origins of consensual procedural institutions in the United States of America, as compared with the system of England and Wales, are also discussed.
consensualism, adversarialism, plea bargaining, criminal trial
Compulsory Medical Measures in the Criminal Code of the Russian Federation
This paper presents an overview of the subject matter. Its purpose is to discuss the scope of the provisions on compulsory medical measures contained in the 1996 Criminal Code of the Russian Federation (referred to in Polish law as ‘preventive therapeutic measures’). The following methods were used in drafting this study: an analysis of legal sources, i.e. the 1996 Criminal Code of the Russian Federation, and an analysis of (legal) literature. The paper outlines the rationale for the use of compulsory medical measures, as well as their purposes and types. Particular attention is paid to the analysis of solutions associated with forced outpatient observation and psychiatric treatment, as well as forced treatment in a psychiatric hospital (which has a problematic history in Russia). The issues related to the modification of the use of these measures are also addressed. For the purposes of this article, the following hypothesis was adopted: ‘The scope of the provisions on compulsory medical measures contained in the 1996 Criminal Code of the Russian Federation is broad and includes numerous measures that are regulated in detail.’ The research, which partially confirmed this article hypothesis, shows that the scope of the analysed provisions on compulsory medical measures contained in the 1996 Criminal Code of the Russian Federation is not broad and has some shortcomings.
compulsory medical measures, 1996 Criminal Code of the Russian Federation, compulsory observation and treatment by a psychiatrist in outpatient settings, compulsory treatment in a medical facility
Freedom of Will as a Prerequisite for Criminal Liability: Humans and Artificial Intelligence in a Czech Criminal Law Perspective
The paper analyses the form and place of human will in the foundations of criminal liability. It explains the necessity of will for the traditional criminal liability of natural persons and presents a comparison with the possible criminal liability of autonomous and non-autonomous systems equipped with artificial intelligence. The conclusions of the paper are negative with regard to the possible direct liability of such systems. A solution is proposed in the form of criminal liability for persons who create, control and monitor autonomous and nonautonomous systems.
consciousness, will, emotions, intuition, intelligence, artificial intelligence, algorithm, autonomous and non-autonomous systems, determinism, indeterminism, compatibilism, criminal liability, moral liability, motivation, natural person, legal person, electronic person, imputability
The legislator, under the Act on Access to Public Information, introduced a distinction between simple and processed information. Processed information is understood as information that, as at the date of submitting the request, does not exist in a form expected by the requester and, therefore, has to be specially generated for the requester’s needs. Provision of processed information is conditional upon the requirement of particular importance for the public interest. A special category of public information, access to which is governed by a separate legislative act, is environmental information. Under the Act on the Provision of Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments, however, the legislator has not introduced any provisions on access to processed information. This gives rise to a practical problem as to how an entity obliged to provide information should react if it receives a request for environmental information whose nature indicates that, in fact, processed information has been requested. The purpose of this article is to resolve this practical issue through a dogmatic analysis of the provisions of both aforementioned Acts in the light of relevant axiological considerations. This is the case as the opinions presented in the literature so far seem to conflict with fundamental constitutional values.
Measures for sustainable development may involve both increasing taxes and introducing new taxes levied on taxpayers failing to pursue this goal, and preferential treatment for entities operating in a way that implements the sustainable development concept. This original scientific article analyses two income tax preferences – thermal modernisation tax relief and research and development tax relief – to verify whether the objectives for their introduction have been achieved. Special attention has been paid to issues experienced in practice in relation to the use of the aforementioned tax reliefs by taxpayers, leading to the conclusion that due to the number of doubts arising when trying to benefit from the tax reliefs and the often restrictive approach of tax authorities, these institutions do not provide optimal support for sustainable development goals. The applied research method was the dogmatic legal method, involving the determination of content, and the analysis, interpretation and exegesis of applicable law. Primary sources examined included foreign and national generally applicable legal acts, judgments, as well as individual and general tax rulings.