August Decree Research Articles

Обучение рабочих и специалистов для горнодобывающей отрасли в аспекте безопасности труда

Labor safety in the mining industry is a set of measures aimed at improving the production environment that affects the health and operability of a person at work and the continuous professional development of employees. The objective assessment of safety of all stages of the production process is a crucial aspect of the enterprise’s activities. It is based on compliance with the requirements of regulatory authorities in the field of labor protection and industrial safety, occupational standards as characteristics of labor conditions, qualifications and professional competence of an employee, as well as compliance with the federal state educational standards as a basis of training of a specialist or a worker who are the main participants of the technological process in mining. The formation of professional competencies of each employee that ensure safe operation at the site or enterprise, the in-depth knowledge, development of operational algorithms, and the skill to perform technological operations at the workplace primarily depend on the basic education of employees obtained under the programs of secondary vocational education. The Federal State Educational Standards existing since 2013 became outdated and were gradually updated in 2022–2023. The training terms were normatively determined within the framework of the federal project «Professionalism» which aimed to resume close cooperation between educational organizations and enterprises. Educational organizations were enabled to increase the time to practice. The qualification of graduates under skilled worker training programs has become universal and does not specify the type of activity, whereas a new type of professional activity, namely ensuring the functioning of the occupational health and industrial safety management system at the site (or enterprise), was introduced for midlevel specialists. All this should ensure the future training of new personnel in compliance with the requirements of Federal Law of July 21, 1997 № 116–FZ «On industrial safety of hazardous production facilities» and the Russian Federation Government Decree of August 17, 2016 № 806 «On application of the risk-oriented approach in the organization of certain types of state control (supervision) and introducing amendments to some acts of the Government of the Russian Federation».

Auschwitz przed sądem — jurystyczny akt ostatni

The aim of the article is to briefly summarize the evolution of the approach of the German judiciary to the prosecution of the perpetrators directly involved in the extermination of Jews, primarily in the Auschwitz-Birkenau and Sobibór camps. Initially proposed by Fritz Bauer, the model of responsibility for aiding extermination by everyone belonging to the camp staff (the so-called Bauer formula) was immediately rejected by the judiciary, which, together with the dogma of criminal law and the legislator (the Dreher Act), dealt with searching for such interpretations and legal solutions which made it possible not to bring charges against any of the members of the death camp staff . This approach was abandoned only in three judgments, against Ivan Demianiuk in 2011, Oskar Gröning in 2015 and Reinhold Hanning in 2016. In opposition to the original approach of the German judiciary, the position of the Polish judicature remains as presented in the process of the Auschwitz-Birkenau camp in 1947. The model of responsibility adopted at that time is still valid, both in terms of the legal foundations still in force (the so-called August decree) and in terms of the dogmatic model of assessing complicity to genocide.

The August Decree and Postwar Poland

In Poland, justice in the immediate aftermath of World War II is usually associated with the Soviet-style military tribunals that were deployed to neutralize members of the London-backed underground. These political trials support a popular narrative about Polish victimhood at the hands of a brutal Soviet occupier, one that overshadows a very different type of postwar justice. In August 1944, just weeks after Poland’s provisional socialist government had reinstated the prewar system of civilian courts, along with its procedural and criminal codes, it enacted special legislation to punish Nazi collaborators, known colloquially as the “August Decree.” Although cases prosecuted under its auspices initially fell under the jurisdiction of a newly created “Special Court” system with simplified legal procedures, these were far from politically motivated Soviet-style show trials, and the August Decree was “not a communist law in content” (91). Instead, these vengeance-seeking efforts were sophisticated processes that were fairly independent from the fledgling socialist dictatorship.

Sytuacja obywateli polskich w Jakuckiej Autonomicznej Socjalistycznej Republice Sowieckiej po 1941 roku

During the Second World War various groups of Polish citizens, including a substantial number of Jews, were exiled and deported to Yakutia. They ended up in the region usually as prisoners sent to Soviet camps and special residential estates as a result of deportations carried out by the NKVD in the Eastern Borderlands of the Second Polish Republic in 1940–1941.
 The legal status of Polish citizens in the USSR changed only after the Sikorski–Mayski agreement of 30 July 1941 and following the Soviet amnesty decree of August 1941. People released from confinement were allowed to go to other Soviet regions or to the Polish army being formed at the time in the USSR. Some took advantage of this opportunity, but several thousand Polish citizens decided to remain in Yakutia during the following years of the war. Their health and living conditions were poor owing to the harsh climate, insufficient supply of food and necessities, unfavourable housing conditions and other local factors. Most Poles and Jews remained in Yakutia until 1946 and returned to Poland only after the signing of the Polish-Soviet repatriation agreement.

The August Trials: The Holocaust and Postwar Justice in Poland

The August Trials: The Holocaust and Postwar Justice in Poland

The Polish Countryside as a Gray Zone: Village Heads and the Meso Level of the General Government, 1939–1945

This article focuses on a cluster of institutions rooted in Polish rural life that were co-opted by the German authorities into the lowest level of rule in occupied Poland from 1939-1945. It identifies these institutions as key meso-level structures that shaped the behavior of individuals on the ground. Specifically, it places the axis of analysis on the figure of the village head ( sołtys). It argues that the village security system, combined with the introduction of collective responsibility and imminent violence, was at the heart of a process of community-making, in which village heads inescapably played an important role. In this new dynamic of accountability, notions of “community” and “belonging” evolved relative to notions of “security” and “self-preservation” in the changing circumstances of life under occupation. The reimagined community forged in this wartime crucible was one of transformed identities, ingrained ethnic categories, new lines of solidarity, and new antagonisms. A collective biographical approach to village heads in this period culminates in the collective ethical dilemma as a category of historical analysis. The article draws primarily on testimonies found in postwar August Decree trials of individuals tried for collaboration in historic Western Galicia or District Krakow of the General Government. It employs a thick description of the subject to map personal narratives onto the broader social processes under examination.

Lokalne struktury Narodowych Sił Zbrojnych wobec urywających się Żydów w świetle powojennych materiałów śledczych i procesowych – przypadek powiatów miechowskiego i pińczowskiego

Tematem tekstu są działania członków lokalnych struktur Narodowych Sił Zbrojnych na terenie powiatów pińczowskiego i miechowskiego wymierzone w ukrywających się Żydów oraz mord na kilkunastu mężczyznach, kobietach i dzieciach dokonany przez operujący czasowo na tym obszarze oddział partyzancki. W sumie z rąk członków NSZ zginęły na omawianym terenie 34 osoby. 11 dalszych zostało wskazanych przez osoby przyznające się do członkostwa w tej organizacji niemieckiej policji i zamordowanych. Punktem wyjścia przeprowadzonej przez autora analizy jest dokumentacja śledcza i procesowa dotycząca byłych członków NSZ sądzonych na podstawie tzw. dekretu sierpniowego. Postawił on sobie za cel zrekonstruowanie tych rozgrywających się od końca 1943 do wiosny 1944 r. krwawych zdarzeń, ustalenie, jak przestępstwa na Żydach były traktowane przez śledczych z powiatowych i wojewódzkich urzędów bezpieczeństwa oraz przez sądy powszechne i wojskowe, a wreszcie zajęcie się wzbudzającą kontrowersje kwestią wiarygodności zeznań składanych wówczas przez oskarżonych i świadków

Dekret sierpniowy PKWN z 1944 roku jako instrument legalizacji władzy komunistycznej w Polsce

The PKWN August decree of 1944 as an instrument for legalizing the communist authorities in PolandThe aim of this study is to present the key assumptions and practices of the August Decree of 31 August 1944 of the Polish Committee of National Liberation PKWN. It is important to show how the Decree was an instrument for the settlement of Nazi crimes in Poland, and to what extent a tool to defeat the opponents of communist rule in Poland. The most important goal of the work is to show how instrumental treatment of the law served the legitimization of power: unwanted, deprived of broader social support, based solely on the violence and military strength of the Soviet Union. Principles and legal regulations of the Decree will be discussed as well as its practical application in the jurisprudence of special and common courts.

«“Расправа” над Золотой Ордой» в середине ХХ в.: Идеологический дискурс в татарской медиевистике в свете августовского Постановления 1944 г.

«“Расправа” над Золотой Ордой» в середине ХХ в.: Идеологический дискурс в татарской медиевистике в свете августовского Постановления 1944 г.

“A young boy attacked us once and started shooting; we didn’t even run any more.” Murders committed on Jews from the village of Strzegom by AK and BCh members

A group of more than 30 Jews was hiding in a dugout in a forest near Strzegom, a small village on the edge of a forest in the Świętokrzyskie Province. Attacked and robbed by the villagers who were members of the Home Army and Peasants’ Battalions, the Jews continued to hide in the forest in smaller groups. The same group of partisans that had attacked the Jews in the dugout continued to capture and murder them, including women and children. There were eight survivors: children and adolescents plus one adult. The article reconstructs the six-month period of hiding basing on a touching testimony of one of the surviving girls, Dora Zoberman, who gave it at the age of eleven, materials from the post war August Decree trials, and recent conversations with the survivors and Strzegom inhabitants. It also reconstructs the actions of the judiciary with regard to the crimes committed against the Jews. Sentenced to death, the murderers were pardoned and released after 1956. One of them received compensation in the 1990s for having been repressed because of his pro-independence activity. 

УМАНСЬКИЙ ПЕДАГОГІЧНИЙ УНІВЕРСИТЕТ — ПОЧАТОК ІСТОРІЇ

The article highlights the key milestones of Pavlo Tychyna Uman State Padagogical University since its establishment and activity in the postwar period. It is also found out that social education at Uman Institute started in August 1930, when the Central Executive Committee and SNK decree of August 11, 1930 ordered the governments of the union republics quickly deploy a network of educational institutions and colleges and other forms of training teachers. According to the author, in the USSR in August 1930 it was opened 39 educational institutions, and among them it was Uman Institute, which provided training for teachers of secondary schools. In 1933 the Institute of Social Education was reorganized into Pedagogical Institute with a 4-year term of study. In 1935 due to the urgent need for teachers and teachers institutes the training period was reduced to 2 years. By the time it held a number of transformations (Teachers Institute, Pedagogical Institute), survived the war and resumed its work until now, having prepared thousands of specialists.

Permis de conduire et diabète sucré

For the "light group" as for the "heavy group" driving license cannot be issued or renewed to the applicant or drivers suffering from a condition that may constitute or lead to functional disability jeopardize road safety when driving a motor vehicle. The decision to issue or renew the license by the prefectural authority is taken on the advice of the departmental medical commission or a licensed physician. The decree of August 31, 2010 establishes the list of medical conditions incompatible with obtaining or maintaining the driving license or which may give rise to the issue of driving license limited validity. "Diabetes mellitus treated with medications that can cause hypoglycemia" belongs to this list. If the medical control of driving ability comes at the initiative of the user, the treating physician should firstly ensure the understanding of prescribed treatments that can cause hypoglycaemic episodes and other by informing diabetic person she must pass a medical examination of fitness to drive in a licensed physician.

Some legal, theoretical, social and economic preconditions of developments of the current legislation of the Republic of Kazakhstan

Abstract: The article explored the issues of formation and improvement of penal policy in the Republic of Ka-zakhstan. The authors have paid special attention to the analysis of the criminal laws of the state. The authors believe that the most important element of legal policy of the state should be criminal policy, the improvement of which should be carried out by an integrated, interrelated correction of criminal law, criminal procedure law and criminal-executive law, as well as law enforcement. Keywords: Criminal policy; criminal law; humanization; criminal law legislation; Criminal Code of the Republic of Kazakhstan; criminal liability; punishment; law enforcement system; crime. The current state of the fight against crime, the imperative of our time, as well as international trends in the development of the legal system, point at the need for the humanization of the law in force, on the other hand to strengthen criminal liability for certain types of crime. In this regard, the impor-tance for the modernization of modern criminal law was the development and adoption of the new draft of the Criminal Code of the Republic of Kazakhstan (May, 2014) [1, 53–54].As approved by the Presidential Decree of August 24, 2009 № 858 “Concept of Legal Policy of the Republic of Kazakh-stan for the period from 2010 to 2020”, it was noted that the most important element of the legal policy of the state is criminal policy, the improvement of which is carried out by an integrated, interrelated correction of criminal law, crimi-nal procedure law and criminal-executive law, as well as law enforcement [2].It is no coincidence, in the development of this provi-sion in the President of the Republic of Kazakhstan — Leader of the Nation Nursultan Nazarbaev to the people of Kazakh-stan “Strategy “Kazakhstan — 2050”: new political course of the held state” it was entrusted to the Government together with the administration to start the reform of the Criminal and Criminal procedural legislation in 2013.Emphasis should be placed on further humanization, in-cluding decriminalization of economic crimes. It is necessary to prepare and submit a draft 4 of the Code to Parliament: Criminal Procedure, Criminal, and Criminal Executive Code and the Code of Administrative Offences. The adoption of these key legislative acts conceptually modernize the criminal procedure system and bring our right to a standard that allows you to adequately respond to current challenges [3].The adoption of new criminal and criminal-executive legislation of the Republic of Kazakhstan, which entered into force on January 1, 2015 significantly affect the law enforce-ment practice, however, a number of problems, which we mentioned earlier were not reflected and require further study.Adverse changes of quantitative and qualitative characteris -tics of modern crime, costs of law enforcement activity, aggres -siveness and determination of government policy in the fight against crime, require new approaches to the understanding of law and law enforcement, to understanding and rethinking the existing criminal legislation of the Republic of Kazakhstan.Availability of crime tensions in society caused by the crime indicates a problem of criminal law of methodological order, which together determine the low efficiency of criminal legal regulation of social relations.Solution of the problem involves a set of interrelated problems of social and legal order, imperfection of the norms of criminal law, the problems of qualification of crimes, the combination of lawful and reasonable fairness in the selection and assignment of punishment.In general, there is the lack of foundation of criminal re-sponsibility, and therefore, there is a fair conclusion about unexplored of the legal nature of the crimes in full.In this context, the relevance of the offense to the position of a definition of public danger of crimes is not in doubt, such as it is directly related to the modern comprehension of the doctrine of crime components, designing of structures in a single act of law enforcement, general and special issues of im-provement of legal regulation.It should be noted that the theory of criminal legal think -ing in public and state life has been given lack of attention,

The quality of commonly used food supplements on the Belgian Market.

In Belgium, food supplements are regulated by the Royal Decree of August, 29th, 1997 which was modified April, 4th, 2012 [1,2]. This Decree describes the notification procedure that has to be completed before a market authorization can be obtained next to other criteria that have to be fulfilled such as labeling and advertisements. The third annex of this document is a list of plants allowed to be commercialized as food supplements. For some of these plants maximal daily doses were established by the Advisory Committee for Plant Preparations. In table 1 these limits are shown for Humulus lupulus, Hypericum perforatum, Ginkgo biloba and Glycine max. Each batch of herbal preparations based on these plants should be checked for their compliance to this guideline. The list also proposes suitable methods for these analyses, which should be proven to be applicable to the preparation by the manufacturer. Over the past five years, more than 320 samples of these four herbal preparations were analysed. Only 35% was found to be compliant. There are four main reasons for non-conformity: 12% exceeds the maximal allowed daily dose; 34% did not comply with the limits of content. For over 15% of the samples the content was not specified, consequently compliance of the content could not be determined. Only 1% was found to be adulterated. Additionally we encountered many problems in applying the standard methods to the complex preparations and specific matrices. In conclusion, there is an urgent need for quality control of food supplements by the manufacturer.

“Night Guard”: Holocaust Mechanisms in the Polish Rural Areas, 1942-1945

This article concerns some characteristics of the so-called third stage of the annihilation of Polish Jewry during World War II, after sending most of them to the killing centers. That phase consisted of individual—not mass—murder that took place “among Poles” and before their eyes, frequently with their participation, when Jewish refugees attempted to hide from persecutors or blended into the anonymous crowds of the larger cities (on the so-called Aryan side) or hid in hardly accessible rural areas poorly controlled by the German police. Most hiding Jews were hunted down and murdered by special Kommandos of the German gendarmerie in the first weeks following deportations in a given area. Unprepared for hiding for an extended period, they found hide-outs and trusted their financial means to Polish friends. In my opinion, in 80 to 90 percent of the cases, Poles rescued Jews for money or other material gain, and when the funds (or other valuables) were exhausted, the attitude to those rescued changed radically. The purpose of this article is to present an outline of how a certain structure functioned—the “Night Guard” (peasant or rural, part of the occupation-era administrative and coercive apparatus), which can be found in wartime historical sources and in the immediate postwar investigation and trial files based on the August Decree of 1944 (on account-settling with the past regarding collaboration with the German occupier) as well as in testimonies of Jewish survivors. The guards were obliged to hunt hidden Jews, and the score of their activity was very high.

For an overcoat, a suitcase and an apple. Crimes against Jews hiding in the villages of Falkowa, Wieniec and Janowice in ...

The article contains a discussion and an attempt at analysis of the post-war investigation and trial materials regarding three different cases of murder or denunciation of hiding Jews by the local Polish population. The crimes discussed in the article took place in three villages, which during the occupation were located in the Cracow district: Falkowa, Wieniec and Janowice. After the war the perpetrators were indicted on the basis of the Decree of 31 August 1944, i.e. the so-called “August Decree”. According to the testimonies of the witnesses and the defendants, the main motive behind the murder of Jews or their denunciation to the occupier was the desire for quick material gain, and, secondly, the fear of the consequences if the information that the Jews were hiding in the village reached the authorities. Another important element of the incidents was the active or passive participation of numerous village dwellers in the crimes

Dla płaszcza, walizki i jabłka. Zbrodnie na Żydach ukrywających się we wsiach Falkowa, Wieniec i Janowice w świetle powojennych dokumentów procesowych

W artykule znajduje się omówienie i próba analizy powojennych materiałów śledczych i procesowych dotyczących trzech różnych przypadków mordowania lub wydawania ukrywających się Żydów w ręce władz niemieckich przez miejscową ludność polską. Omawiane w artykule zbrodnie miały miejsce w trzech wsiach, które w czasie okupacji leżały na terenie dystryktu krakowskiego: Falkowej, Wieńcu i Janowicach. Sprawcy zostali po wojnie postawieni w stan oskarżenia na podstawie Dekretu z dnia 31.08.1944, czyli tzw. dekretu sierpniowego. Z zeznań świadków i oskarżonych wynika, że głównym motywem mordowania Żydów lub wydawania ich w ręce okupanta była chęć szybkiego zysku i w drugiej kolejności strach przed konsekwencjami, gdyby informacja o ukrywających się we wsi Żydach dotarła do władz. Istotnym elementem zajść był aktywny lub bierny współudział licznych mieszkańców wsi w popełnionych zbrodniach.

Losy pracowników niemieckiej gadzinówki „Nowy Kurier Warszawski” w świetle powojennych procesów z dekretu sierpniowego

The main sources used in this article are investigation and court files of post-war trials of 15 former journalists of Nowy Kurier Warszawski, so-called “reptile newspaper” (gadzinówka), a newspaper published by German authorities in General Government throughout the entire occupation. They were charged and convicted of collaboration on the basis of the so-called “August decree” of the Polish Committee of National Liberation. The sentences in this trial were surprisingly low as compared with those of others tired for collaboration with the Germans, including many Home Army soldiers. Such trials were used by the communist government to eliminate political opponents in post-war Poland. In this article, the author considers whether the journalists' trials should also be treated as a political issue, and formulates a definition of collaboration, delineating its boundaries in the light of court rulings. The defendants' and witnesses' testimonies are used to present work conditions in Nowy Kurier Warszawski and methods of recruitment among the Poles. A reconstruction of the newspaper's employees' line of defence made it possible to determine the structure of this type of narration and confront it with the witnesses' testimonies, recollections of other journalists and documents of the Home Army, the Delegatura Rządu RP na Kraj (Government Delegate's Office at Home), as well as personal files of the Security Service (Służba Bezpieczeństwa, SB). Available materials made it possible to get acquainted with the post-war fate of the defendants and analyse what influence on their future lives had their work for the “reptile newspaper” (gadzinówka).

Udział Polaków w zbrodniach na Żydach na prowincji regionu Świętokrzyskiego

Artykuł oparty jest przede wszystkim na analizie mało dotąd wykorzystywanych przez badaczy akt procesowych z tzw. dekretu sierpniowego PKWN wytaczanych między innymi osobom podejrzanym o dokonywanie zbrodni na ludności żydowskiej lub współudział w ich popełnieniu. Jako dodatkowe źródło wykorzystano także współcześnie przeprowadzone wywiadami „Oral History” ze świadkami ówczesnych wydarzeń. Autorzy starają się analizować ówczesną sytuację wsi aby w jej kontekście badać typologię popełnianych czynów, osoby sprawców, biernych uczestników i świadków. Artykuł opatrzony jest także bogatym materiałem źródłowym egzemplifikującym opisywane zdarzenia.

Conversing with Ghosts: Jedwabne, Zydokomuna, and Totalitarianism

Jan T. Gross, Neighbors: The Destruction of the Jewish Community in Jedwabne, Poland. 261 pp. Princeton, NJ: Princeton University Press, 2001 (paper, New York: Penguin, 2002). ISBN 0691086672. $22.95. English edition of: Jan T. Gross, Sąsiedzi: Historia zagłady żydowskiego miasteczka. 157 pp. Sejny: Pogranicze, 2000. ISBN 8386872136. Jan T. Gross, Revolution from Abroad: The Soviet Conquest of Poland's Western Ukraine and Western Belarus. xxiv + 396 pp. Princeton, NJ: Princeton University Press (1st ed., 1988; 2nd ed., 2002). ISBN 0691096031. $22.95 (paper). Jan T. Gross, Upiorna dekada: Trzy eseje na temat wzajemnych relacji między Żydami, Polakami, Niemcami i komunistami w latach 1939–1948 [The Ghastly Decade: Three Essays on the Theme of Relations among Jews, Poles, Germans, and Communists in 1939–48]. 119 pp. Cracow: Universitas, 1998 (repr. 2001). ISBN 8370528708. Jan T. Gross, Wokół Sąsiadów: Polemiki i wyjaśnienia [Around Neighbors: Debates and Explanations]. 121 pp. Sejny: Pogranicze, 2003. ISBN 8386872489. Paweł Machcewicz and Krzystof Persak, eds., Wokół Jedwabnego [Around Jedwabne], vol. 1: Studia [Studies]; vol. 2: Dokumenty [Documents]. 526 pp. and 1,035 pp. Warsaw: Instytut Pamięci Narodowej, 2002. ISBN 8389078082. [End Page 345] Antony Polonsky and Joanna Michlic, eds., The Neighbors Respond: The Controversy over the Jedwabne Massacre in Poland. 489 pp. Princeton, NJ: Princeton University Press, 2003. ISBN 0691116431. $55.00 (cloth). ISBN 0691113068. $19.95 (paper). On 10 July 1941, just after the withdrawal of the Red Army and the arrival of the Wehrmacht, the Polish townspeople of Jedwabne murdered their Jewish neighbors. From the sidelines those Germans who were present looked on and took photographs. The final massacre was preceded by days of stonings and lynchings of individual Jews. Earlier that day, several dozen of the strongest Jewish men were forced to dismantle the Lenin statue, carry it to the cemetery, and dig a grave for its burial. The bodies of the men were thrown into the same grave. Later that day, local Poles from Jedwabne and nearby villages forced the town's several hundred to a thousand remaining Jews from their homes and into the town square, herded them into a barn, and set the barn on fire. In this way Jedwabne Jewry came to an end. Six and a half years later, the Central Committee of Polish Jews received a letter from Montevideo, Uruguay. Its author was Całka Migdał, a Jedwabne Jew who had left Poland ten years earlier, but whose mother, sister, and other family members had remained there. "We've had news, " Midgał wrote, "that they perished not by German but by Polish hands." In February 1948, the district court in Łomża (a larger town close to Jedwabne) began an investigation on the basis of the so-called "August Decree" issued by the communist-dominated Polish Committee of National Liberation (PKWN), which called for criminal charges against Nazi collaborators. Following a rather lax investigation, there was a two-day trial of 22 men, most of whom were born in Jedwabne, none of whom had had a higher education, and 3 of whom admitted to illiteracy.1 During interrogations by the Security Office (UB), the accused confessed to varying degrees of involvement, in the course of which they related sundry gruesome anecdotes. At the trial itself, however, all the defendants claimed to have been beaten during interrogation, recanted their testimonies, and pled innocent. Twelve were found guilty, and ten were acquitted.2 In May 2000, Jan Tomasz Gross published, in Polish, a short book titled Sąsiedzi: Historia zagłady żydowskiego miasteczka, telling the story of the Jedwabne massacre.3 This was, Gross noted, a collective murder in the double [End Page 346] sense: with respect to the victims as well as the perpetrators. Everyone who was present in the town that day was either a witness to or...