Force In Poland Research Articles

Freedom of Association: The Case of Poland

Abstract The role of this chapter is to show the specifics of freedom of association in Poland. Therefore, in addition to analysing the normative layer, it includes references to the historical state of the law and the practice of interpreting and operationalising this freedom. Through the presentation of legal provisions, I wish to show the local (“domestic”) specificity and situate it in the broader context of the system of constitutional liberal democracy embodied by the 1997 Constitution currently in force in Poland. The operationalisation of freedom of association will be presented on the basis of selected institutions of three particularly relevant statutes: the Law on Associations, the Act on Political Parties and the Act on Trade Unions.

The Classification of Hotels in the Context of Sustainable Development Factors: A Case Study of Public Policy in the European Union and Poland

With the growing awareness among entrepreneurs and consumers within the tourism industry regarding the field of sustainable development, it seems necessary to base hotel classification systems on an integrated approach to management quality, including the fulfillment of ecological and environmental criteria. However, this topic has yet to be recognized in the literature, especially concerning the European market. Therefore, this article aims to fill this research gap and indicate how environmental standards have been implemented in the European system of hotel classification—Hotelstars Union (HSU)—and that in force in Poland. With regard to these systems, the differences in the classification criteria taken into account by the certifying organizations in the European Union (EU) and the administrative hotel categorization system in Poland are pointed out. Particular emphasis is placed on the criteria related to environmental management in the hotel industry. The criteria related to environmental management were identified through an analysis of the criteria of eight environmental management systems that are applicable to the contemporary hotel industry. The results of this research prove that, even though the HSU system takes the principles of sustainable development into account to a much greater extent than the Polish system, its primary weakness is that most of its criteria related to the environment are optional. In addition, the optional criteria have higher weights than the obligatory ones. In turn, the Polish classification system makes very little reference to environmental standards. Moreover, it is not detailed, and the assessment criteria are not up to date. Therefore, it is recommended that a greater number of environmental criteria be included in the next update of the HSU system, which should be obligatory for hotels to meet. In addition, the sustainability criteria included in the HSU system should be adapted to the policy system aimed at the hotel industry in Poland and other EU countries.

Parent, meaning who? Biotechnological revolution in human procreation and succession law in Poland

Recent developments in assisted reproductive technology (ART) – the use of third parties in the process of fertilization and pregnancy, and cryopreservation of human sperm, ova and human embryos – have contested many previously unchallenged paradigms related to parenthood. Currently, the thesis that a person is created by the physical consummation of two living parents of the opposite sex, is no longer as simple and clear cut. Undoubtedly, these changes affect social norms, including the legal systems of individual states which take divergent stances on the above-mentioned issues. For example, in their approach to filiation relations of a child born through ART and how his/her parents’ data are entered on the child’s birth certificate. Intensified migration movements of Poles to the USA and an increased number of cross-border (Polish and American) relationships have resulted in a growing frequency of foreign birth certificates appearing in Poland. Though incompatible with the Polish law, such certificates provide grounds for certain claims to be filed since vital records are documents of particular importance in every legal order, and in succession proceedings they are of fundamental value. Thus, a question arises as to the viewpoint of Polish law in regard to American birth certificates which do not comply with the rules in force in Poland regarding the filiation indicated therein. Can a child inherit by operation of law from people of the same sex indicated in his/her birth certificate issued abroad and can he/she inherit from all the parents named in such a certificate even if there are more than two of them? Does a child conceived several years after the death of his/her father, whose data feature on the American birth certificate, have a right to inherit from him in Poland? This article attempts to answer these questions.

R&D tax allowance and voluntary information disclosures

Purpose: This paper examines whether the R&D tax allowance in force in Poland since 2016 has increased the voluntary disclosure of information on innovation, R&D, and strategic plans in the management commentary of companies listed on the Warsaw Stock Exchange (WSE). Methodology/approach: First, the Tobit model was used to examine the determinants of recognising development works in a sample of 29,288 observations from 3,406 firms. Second, it uses logit and generalised least squares (GLS) methods to analyse 556 management commentaries from 97 public companies that benefited from the R&D tax allowance between 2016 and 2021. Findings: We show that tax relief increases the probability of recognising develop-ment work and disclosing information about patents to signal innovativeness and engagement in R&D. Indebted companies disclose more R&D information and strategic plans. IFRS and advanced management increase disclosures, as opposed to tax planning that uses tax havens or that is supported by more advisors. Companies audited by the Big 4 provide fewer details on R&D outcomes and strategic plans. Research limitations/implications: Extending the sample requires collecting disclosure data based on the wording in management commentaries using text-mining tools. Originality/value: The paper contributes to the literature by identifying that R&D tax allowance influences voluntary R&D information disclosure in management commentaries, especially by smaller companies in debt with larger intangible assets.

Przestępstwo czynu nierządnego z nieletnim w kodeksach karnych państw zaborczych i kodeksie karnym z 1932 roku. Przyczynek do badań

The crime of pedophilia, as a separate type of prohibited act, appeared in Poland together with the criminal codes of the partitioning countries. These provisions were in many cases very casuistic, providing a different standard of protection for minors. The Criminal Code of 1932 introduced a uniform standard of protection through the provision of Article 203 penalizing the act of fornication with a minor. The author discusses not only the provisions of the partitioning codes and the Polish Criminal Code of 1932 relating to the crime of pedophilia, but also points to the conflict of these provisions with the provisions of the marriage law in force in Poland, which in some cases allowed children under 15 years of age to marry.

Glifosat – frakcja wdychalna [N-(fosfonometylo)glicyna]. Dokumentacja proponowanych wartości dopuszczalnych wielkości narażenia zawodowego

Glyphosate is an odorless solid in the form of white crystalline powder. It is an active ingredient in broad-spectrum herbicides, which used at lower doses is a plant growth regulator and desiccant. In Poland since 2001 the MAC value for glyphosate is 10 mg/m3 . Over the past 25 years many new research findings have been published regarding the potential fetotoxicity and carcinogenicity of glyphosate. The European Chemicals Agency (ECHA) reassessed the properties of glyphosate in order to presenting them to the European Food Safety Authority (EFSA). A new harmonized classification of glyphosate was also considered (in accordance with Regulation 1272/2008 of the Parliament and of the Council). In this context, it was necessary to verify the MAC value currently in force in Poland. The basis for calculating the MAC value was the dose of 155 mg/kg bw./day, considered as the NOAEL for systemic effects after oral exposure in mice. No basis for changing the current MAC value (10 mg/m3 ) were found. It should be considered that glyphosate has a very low vapor pressure – exposure occurs to glyphosate dust or aqueous solution only. There are no basis to establish the STEL value and the Biological Exposure Index (BEI). Glyphosate do not meet the criteria for "Skin" notation.

Innovative procedures for driving an electric locomotive

This article offers a historical overview of railway traffic control devices used in the past. They laid the foundations for the construction of further, improved devices that have a decisive impact on the safety of railway traffic. Shape signaling is discussed, which with minor changes is still widely used around the world. Attention is also paid to traffic lights and a comparison of traffic lights in force in Poland and the Germany is provided. The article then discusses train traffic management based on semi-automatic and automatic blocking. The work presents two safety systems of conducting rail traffic: the SHP system (Automatic Braking of a Train) and the PZB system (intermittent automatic train running control). A significant part of the work is devoted to the ETCS system being implemented throughout Europe and beyond. The principle of operation, supervision levels and operating modes of the system are characterized. The style of driving a train and its impact on energy consumption is also discussed. This leads to a consideration of whether changes in the style of driving can, in practice, bring measurable effects in the form of energy savings.

Collective patients’ rights in Polish law. Selected problems

The subject of the analysis in this publication is the problem of patients’ collective rights. In an attempt to find an answer to the questions concerning the essence of these rights and the relation between legal protection against violations of these rights and the protection against violations of individual rights of patients, the analysis covers the legal solutions in the field of patients’ rights in force in Poland, as well as the related literature and administrative court decisions. In this way, it was established that Polish legislation recognises the collective rights of patients understood as the rights of actual and potential patients treated as a collective, i.e. a group that deserves special protection, and establishes an additional method of their protection by way of administration, in which the object of protection is a collective interest (proceedings on practices violating collective patients’ rights before the Patient’s Rights Ombudsman), while some legislation recognises the right to collective patient involvement.

The Legal Construction of and Legislative Issues Concerning Tourist Taxes: A Comparative Law Case Study

Abstract The purpose of this study is to describe the legal construction of and problems related to legislative issues concerning tourist taxes. It is based on analysis of the regulations contained in the conditions for the collection of local taxes, which result primarily from the provisions of the Polish Tax Code. These were compared with the laws of Slovakia and the Czech Republic. From a methodological point of view, we decided to focus on the regulations in force in one of the most famous tourist destinations in Poland, Zakopane, located near the border with Slovakia and the Czech Republic. The research shows that the legal solutions applied in Poland are flawed. In Poland, the tourist tax can as a rule only be levied in locations where certain levels of air pollution are not exceeded; however, this is not followed in practice. This leads to our claim that the legal solutions in this area should be changed. Maintaining the solutions currently in force in Poland leads to a situation in which legal fictions are allowed. We suggest the introduction of solutions similar to those found in the Czech Republic and Slovakia, where the tourist tax is not dependent on air pollution. The characteristic feature of this tax should be that it is levied on all types of stays, regardless of the purpose of the stay, the type of contract between the guest and the accommodation provider or the place where the guest stays.

Accounting Regulations in Poland: Do They Work or Should They Be Improved? A Survey Among Accountants and Other Professionals

The aim of the study was to find out the opinions of accountants, people professionally involved in finance, managers of business units and working in other departments of business units on the accounting regulations in force in Poland. A large part of the regulations governing broadly understood accounting is introduced at the international level, and those introduced at the national level are often inspired by international solutions. It is not possible to consult them widely with the community, so getting to know the opinions of the people they concern becomes particularly important. The study was conducted in the form of an anonymous survey. The results of the survey indicate that the majority of those involved directly or indirectly in accounting believe that accounting needs improvement. A very small proportion of respondents felt that accounting does not need improvement. Accounting regulations are perceived as ambiguous, allowing for arbitrary decisions, and unfortunately perceived as not good due to little convergence with tax regulations. Respondents also noted the problem of falsification of financial statements, indicating that they had encountered or heard of falsification of accounts. At the same time, an equally large group of respondents considers financial statements to be as reliable as necessary.

Analysis of Imperfections in Risk Assessment in the Polish Crisis Management System

Risk assessment in the crisis management system plays a crucial role in identifying and minimizing threats to national security. The risk assessment process is influenced by several different elements, which include legislation, organizational structures, and threats to the state’s functioning. This article aims to assess the methodology for determining risk for the needs of the crisis management system in Poland. Based on the results, original solutions in this area were presented. The main conclusion is that, despite the establishment of the Government Centre for Security, which was a breakthrough in terms of building an effective and comprehensive crisis management system and the fact that the Act of 26 April 2007 on crisis management is in force in Poland, there is a need to broaden the concept of risk and improve risk assessment methods in crisis management so that national security is at the highest possible level.

AGEING OF EMPLOYEES IN POLAND COMPARED TO OTHER EUROPEAN UNION COUNTRIES: AGRICULTURAL WORKERS VS. OTHER OCCUPATIONS

The problem of the ageing labour force in agriculture and the effects of this process have been studied and widely discussed for a long time. The paper aims to determine the level and pace of ageing of employees in Poland compared to other European Union countries, and in particular to compare its scale between agricultural and other occupations. The study uses LFS data gathered in the EUROSTAT database and the comparative method in relation to values of the renewal ratio. The age structure of employees changed noticeably between 2002 and 2022. The proportion of employees aged 50-64 in the group of all employees increased by 11 pp. in the EU. The analyses show that in the years 2002-2022, in both the EU and Poland, agricultural workers were the oldest group among all the major occupation categories. The renewal ratio for the agricultural worker category was 1.2 in the EU and 1.4 in Poland in 2022. Nevertheless, in the period under consideration, in the EU and in Poland, the pace of ageing was relatively higher for other occupations, especially for services and sales workers, clerical support workers, and craft and related trades workers. On the other hand, managers are the only employee group in Poland reporting an increase in the renewal ratio. Changes in the age structure of the agricultural labour force in Poland and in the EU need to be explored in the context of the dynamic changes taking place in the agricultural sector in recent decades, and also in correlation with demographic trends in European societies.

Legal aspects of the use of medical cannabis in Poland compared to other countries: Comparative legal analysis

The importance of this issue is that there is an increasing demand for the use of medical marijuana in treatment where methods based on traditional medicine have failed. The aim of the article is the analysis and evaluation of the legal regulation of treatment with preparations containing medical marijuana in Poland against the background of trends in other countries. The study employs a dogmatic and black-letter methods of analyzing the provisions of the law in force in Poland and also a comparative method. Studies have shown that the systems of countries in Europe and the world vary in this regard. When it comes to the medical use of marijuana, three solutions are possible: a liberal model, where the patient can grow the plant himself, a moderate model, which relies on the possibility of obtaining a drug based on medical marijuana with a prescription. The third model is based on the impossibility of medical use of marijuana. The Polish legal model is moderate and consists of the possibility of obtaining a medical marijuana-based drug by prescription. Independent cultivation under this model is not possible. A business entity that intends to cultivate cannabis for medical purposes must have the appropriate permit from the competent state authority. This solution (present in many other countries) is characterized by a balance between legalization of medical marijuana and drug prevention. Under the Polish legal model, cannabis cultivation remains under state supervision. Medical marijuana is available to the patient, but access to it is strictly regulated. This is not a liberal legalization model, as availability depends largely on the doctor. Practical results show a progression in the availability of medical marijuana medicines compared to previous years. The legislature is open to change, but out of caution against the proliferation of drug offenses, it has not decided on greater liberalization

Between freedom and hate/ selected aspects of criminal law regulation of hate speech crimes /

The publication presents the phenomenon of hate speech in the context of the regulations of Polish criminal law, which mainly refers to hate crime, in particular art. 119, 256, 257 of the Criminal Code (hereinafter the CC). It was preceded by a short description of the evolution of hate speech in Poland, which leads to an analysis of the contemporary socio-political situation in Poland and an assessment of the legal status. around the ongoing public discussion on this issue, including the constant presence of hate speech in the public space. The conducted historical and social arguments lead to the discussion of hate speech crimes identified by the Polish legislator in Art. 119, 256 and 257 of the Penal Code In order to bring closer the contemporary penalisation of hate crimes, the author uses the historical regulations in force in Poland, which are, in a way, the sources of contemporary legislation in this matter. On the basis of the doctrine and jurisprudence, the contemporary validity of the provisions on hate speech crimes was discussed. The reader's attention was also focused on the evolution of the contemporary regulation of the discussed criminal offenses in the context of the planned amendments to the penal code and the parliamentary and civic bills reported on this matter. The analysis of the criminal law aspects of hate speech crimes leads to conclusions regarding the presence in public debate of various forms of expression involving hate speech, the conflict between the freedom of speech (freedom of expression) and hate speech used in communication by politicians and ordinary people in the democratic structure of the rule of law, and the role of and the obligations of the legislator who, with some inconsistency, intervenes in this space, trying to assure the society of the need for changes in this respect or the lack of it. Hence, there are also various ideas and draft changes to the law in this area, incl. by extending the scope of penalizing the behaviors indicated in art. 119 of the Penal Code motivated by the need to increase the protection of victims.

Tasks and challenges of the Head Office of Geodesy and Cartography in the area of developing topographic maps in 1:25,000 scale

Abstract. In accordance with the legal regulations in force in Poland in the field of cartography, i.e. the Geodetic and Cartographic Law, one of the tasks of the Chief National Surveyor is to create and provide access to topographic, general geographic, thematic and special maps. Moreover, the topographic maps are developed in close cooperation with the Minister of National Defense. The basis for the development of topographic maps is, in particular, the Topographic Objects Database BDOT10k with the topographic objects’ level of details corresponding to 1:10,000 scale, the National Register of Geographic Names and the Digital Terrain Model.Considering the above, in 2022, the Head Office of Geodesy and Cartography, as part of its own work, launched a pilot project aimed at developing tools to automatically generate topographic maps in 1:10,000 and 1:25,000 scale. At a current stage, as part of the II iteration, the maps do not yet constitute full-fledged topographic maps, but we are striving for such a goal. The tools are constantly developed and corrections are made to eliminate errors that still occur. The maps in 1:10,000 and 1:25,000 scales, developed so far under this project in a fully automatic manner, are available free of charge to all interested users on the www.geoportal.gov.pl website.In the article, the results of the developed tools and generated topographic maps 1:25,000 will be presented, as well as the problems faced both in the context of the methodology and the limitations resulting from the software used.

Dispensing metformin with other drugs and dietary supplements in pharmaceutical care in patients with multimorbidity

Pharmaceutical care is an activity aimed at protecting the patient’s health. The purpose of this benefit is to provide assistance in receiving and safely using the drug. The idea of pharmaceutical care originated in the United States in the 70s’ of the 20th century although the issue had already been discussed in the interwar period. The definition in force in Poland is contained in the Act on the Profession of Pharmacist (Act of September 10, 2020). The program includes pharmaceutical consultations, performing medications reviews, developing pharmaceutical care plans considering the patient’s drug-related problems, performing diagnostic tests and issuing prescriptions that are a continuation of a medical order(1). This paper reviews the current literature on the use of metformin in patients with multimorbidity. Special attention was given to the studies on probability of occurrence potential drug-related problems in the treatment of these diseases. The analysis shows that the most difficulties are caused by the lack of knowledge about the treatment used by patients. The result is often a reduction in the regularity of therapy or even resignation from it. The obtained observations related to the combined use of drugs from different therapeutic groups should help to systematize knowledge about the current needs and expectations of patients. Properly conducted pharmaceutical care, including the preparation of drug reviews and education, can significantly improve the effectiveness of treatment. The article emphasizes the importance of the cooperation of the patient, doctor and pharmacist in achieving and maintaining the proper quality of life of the patient.

Knowledge of women and men about human papillomavirus infection, HPV–related diseases and the available vaccine

Introduction: Worldwide, there are over 660 million men and women who are HPV carriers. This virus is responsible for cancer, i.e. cancer of the anal canal, head and neck region, penis and the most common - cervical cancer, whose early stages are completely curable, and in stage IV, the survival rate does not exceed 10%. That is why prevention is so important and vaccinations for both sexes.
 Aim: The aim of the study was to check the awareness of society, both women and men and men, on the HPV virus - the way it spreads, the diseases it causes and the possibilities of preventing infection, as of the date of entry into force in Poland of the program of free preventive vaccinations for girls and boys aged 12 and 13.
 Material and methods: The study was conducted in the form of an anonymous online survey containing 21 questions. It was attended by 396 adults.
 Results: 80% of the population is unaware of how common HPV infection is. 33% of men believe that it occurs 8 times less often than it actually does, and that having an infection protects against another infection. Only 1/5 of women are aware of the risks. Only 15.15% of the respondents know the correlation between cervical cancer and the presence of the virus. 25% of women are not aware of free cytology. Only half of the respondents know about the free HPV vaccination program. 1/3 of people think that only girls should be vaccinated.
 Conclusions: Public awareness of HPV is insufficient. Men showed greater knowledge than women, and in general people with offspring had the lowest knowledge. This shows that the information campaign related to preventive vaccinations should be carried out on a much larger scale, as they are the most effective method of protecting both women and men.

LEGAL STATUS AND ACQUISITION OF MEDIATOR QUALIFICATIONS. A LEGAL COMPARATIVE ANALYSIS OF THE REGULATIONS IN SPAIN AND POLAND

The article aims to analyse the legal status and modes of acquiring qualification by mediators in Poland and Spain. The study uses the legal dogmatic and the legal comparative methods. The research problem is located in the applicable solutions in Polish and Spanish legislation implementing the objective set out by the content of Article 4 of Directive 2008/52/EC, which obliges EU Member States to ensure adequate quality of mediation and enhance the professional status of the mediator. An analysis of the legislation, judicature and the literature of the subject has shown that the normative regulations which are in force in Spain and Poland are convergent in terms of the objectives set out in Article 4 of Directive 2008/52/EC since they oblige mediators to be adequately qualified to conduct mediation. Notwithstanding the above, significant differences in the legal systems under analysis becomes apparent as concerns an array of legal instruments they apply to implement the Directive. The Polish and the Spanish methodologies display disparate procedures for regulating the acquisition of qualifications by mediators. They are affected by a number of shortcomings, resulting from an insufficient level of standardisation, including the intra legem gaps in the normative regulations in Poland. The outcomes of the analysis enable the conclusion that the regulations concerning the legal status and qualifications of mediators that are in force in Poland and Spain can complement one another, while preserving and respecting the distinctiveness of both legal systems. This complementarity can facilitate a development of an adequate model to enhance the professional status of mediators and improve the regulations so as to achieve the objective set in Article 4 of Directive 2008/52/EC.

Profitability of the agricultural biogas plants operation in Poland, depending on the substrate use model

The circular economy is one of the most critical challenges in the 21st century. By using waste, the consumption of valuable raw materials can be reduced. It will also reduce the amount of waste directed to landfill or incineration. Also, in biogas production terms, activities consistent with the circular economy are raised. They mainly consist of the use of waste in the anaerobic digestion process and the rational use of the digestate. For the owners of biogas plants, the essential issue is optimizing the anaerobic digestion process to produce as much biogas as possible. The work aimed to determine the profitability of the operation of agricultural biogas plants in Poland, depending on the substrate use model.The study analyzes two options for supplying agricultural biogas plants with substrates: Option I — traditional (maize silage and slurry) and Option II — waste (slaughterhouse waste and slurry). In both options, it was assumed that biogas plants would operate under the conditions of the auction system — one of the models in force in Poland. The investment balance can be significantly improved by using waste instead of maize silage. The profit for the biogas plant operating in Option I was estimated at PLN 628,360, and in Option II it was PLN 2,307,600. The conducted analysis showed that the operation of waste biogas plants is much more profitable than traditional ones. The positive impact on the natural environment will complement the economic benefits. It is because managing waste from the agri-food industry in controlled conditions will significantly contribute to energy production, considering the aspects of protection against climate change.

Restrictions on religious practices in selected European countries during the COVID-19 pandemic: A legal-sociological study from Poland’s experiences

The aim of this paper is to present legal restrictions related to religious ceremonies during the Covid-19 pandemic, which are not currently in force in Poland but are being applied in selected European countries. The study examines the possible extent of their acceptance by believers in Poland, a country with persistently high levels of religious observance. It transpires that negative evaluations prevail in the case of the following restrictions: advanced registration for participation in religious services, the possibility of only vaccinated persons participating in services, and singing being prohibited. On the other hand, a more positive view was taken of designating specific places that can be occupied in the place of worship, and the requirement for all attendees to wear a mask (including priests and leaders of religious practices). The research revealed a general tendency for those who participate more frequently in religious practices to view restrictions more negatively.