Force In Poland Research Articles

Impact of European law on Polish company law

Since Poland’s accession to the European Union, European law has become part of the legal system in force in Poland. Treaties and regulations are directly applicable, whereas directives and recommendations require implementation into Polish law. Polish courts are obliged to apply and interpret European company law and to interpret Polish company law in such a way that it complies with European law. If in doubt as to the interpretation of European company law, the courts may — and in some cases must — refer a question to the Court of Justice of the European Union for a preliminary ruling. The judgment of the Court is binding on the courts of all Member States. Polish companies may conduct business activity in another Member State and foreign companies may conduct business activity in Poland. Companies of the Member States may conduct their business activities by establishing companies under the provisions of European law, e. g., Societas Europaea. Societas Europaea (SE) is a European public limited company whose capital is divided into shares. The European company is a cross-border company that can operate in the EU countries alongside national public limited companies. The autonomous status of an SE in relation to domestic public limited-liability companies is determined by two circumstances: first, the SE’s personal statute (lex societatis), legal capacity and other elements of the SE’s legal status are determined by the regulation either directly or by indicating the ways to fill in the gaps in the regulation; second, the content of the regulation, which contains specific rules for the creation and operation of the SE, distinguishes it from national public limited-liability companies. European law also influences the legal situation of Russian citizens and companies who are partners (shareholders) of a company registered in a Member State.

Functional and Performance Characteristics Including Principles of Placing the Elements of Voice Alarm Systems on the Market

Aim: The aim of the article was to present voice alarm systems and discuss the legitimacy of their use in fire alarm systems. The article presents the principles of introducing the elements of voice alarm systems to the market and their functional and operational properties. The article was written on the basis of a master’s thesis entitled “The analysis of the functional and operational properties of voice alarm systems” submitted at the Faculty of Safety and Civil Protection Engineering of the Main School of Fire Service. Introduction: Voice alarm system is one of the methods of warning the users of facilities about a threat, but there are many methods of alerting, e.g. sounders or optic signalling devices. Each of the above-mentioned systems has its advantages and disadvantages, so the application of the appropriate system, regardless of whether the regulations impose this obligation on the investor or it will be done on investor's own require deep consideration. Methods: There are several legal acts in force in Poland that define various aspects of voice alarm systems. Facilities in which the use of voice alarm systems (VAS) is mandatory are listed in the Regulation of the Minister of Interior and Administration of 7 June 2010 on fire protection of buildings, other construction facilities and areas. In turn, the specification of the documents required for individual VAS elements is specified in the Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions for the marketing of construction prod- ucts and repealing Council Directive 89/106/EEC and additionally in Poland in the annex to the regulation of the Minister of Interior and Administration of 20 June 2007 on the list of products used to ensure public safety or protection of health and life and property, as well as the rules for issuing admittance for use of these products. Results: It has been found that many elements of voice alarm systems require careful analysis. Starting with the conformity assessment of the system components through its parameters, such as speech intelligibility, coverage angles or the appropriate sound pressure level. It is also important to select the system for the intended functional use of the rooms and to verify the correct operation of the system after changing the arrangement. Conclusions: Voice alarm systems are a very good, but relatively expensive system. They allow for a very diverse operation and facilitate appropriate evacuation. However, despite the high costs, it is worth considering their installation due to the invaluable action in terms of ensuring the safety of the users of the facility and the protection of their lives. Keywords: voice alarm systems, loudspeakers, maintenance, conformity assessment, phased evacuation Type of article: review article

Odpowiedzialność karna za zawieranie fałszywych małżeństw w kontekście handlu ludźmi (wniosek ECPRD nr 4693)

The author presents national legislation concerning criminal responsibility for fake marriages within the framework of human trafficking, including selected provisions on marriages that are in force in Poland and legislation on human trafficking (including international conventions on counteracting human trafficking to which Poland is a party). As the Author emphasizes, perpetrators of trafficking in human beings are punished in Poland on the basis of the Criminal Code.

The Safety Concept for Football Matches

Organising football matches in Poland is currently a very important issue for the institutions and services responsible for security. The author, on the basis of his professional and scientific experience, has presented a concept of safety in this area. The article analyses in detail the organisational and legal solutions in force in Poland and selected European countries and assesses their effectiveness. The proposed concept provides for the development of organisational and functional requirements that would increase the level of safety during this type of sports events. Implementing the proposed solutions into the current law would enable a harmonised security system to be organised.

Przygotowanie dalsze i bliższe do małżeństwa po Dekrecie ogólnym Konferencji Episkopatu Polski z 2019 r.

Getting married in the Catholic Church should be preceded by preparation divided into three stages: further, closer and direct. In Poland, since June 1st , 2021, an episcopal document is in force, specifying in particular canonical and pastoral talks with the engaged couples. The earlier stages of marriage formation have been discussed in scattered legal acts. These documents have the scope of the universal Church and the others are in force in Poland. This study summarizes the regulations that are in force in Poland, regarding further and closer marriage preparation. Some changes were suggested, for the welfare of marriage.

An Evaluation of the Structure of Energy Consumption in Educational Buildings in Poland After Thermal Retrofitting

Abstract The paper presents the structure and indices of the annual energy consumption in educational buildings subject to comprehensive thermal retrofitting. Seven buildings were analyzed; the energy consumption for heating and ventilation, hot water preparation, and built-in lighting was analyzed in each of them and, in the case of one structure, also cooling. The indices of the usable, final, and primary energy consumption were analyzed. The values calculated were compared to the requirements of the energy standards in force in Poland. The percentage shares of the above-mentioned energy demands of each of the buildings investigated are given in the total energy performance. Within the investigation, we evaluated the shares of the particular building services in the total energy consumption and determined that even after the thermal retrofitting, the energy demands for heating together with lighting are still the most significant compared to the other demands.

Between Private Property, Authoritarian State and Democracy: Clearing Trees in Cities and Destroying the Białowieża Forest in Poland

ABSTRACT The article describes the widespread tree felling that began in Polish cities in 2017. The authors show the relationship between this phenomenon and the ideology that gives priority to private property over public good. This ideology was the basis for the new Nature Conservation Act that came into force in Poland in 2017. The new regulations not only made cutting down trees in cities and private properties easier, but also allowed real estate developers to fell trees in landscape parks. The authors also describe the conflict over logging in the Białowieża Forest between the government in Poland and international public opinion (scientists, ecologists, the Court of Justice of the European Union). They defend the thesis that this conflict illustrates a simple relationship: right-wing populists gain support using the slogan of defending “ordinary people,” but once they are in power, they implement not only political authoritarianism but also neoliberal dogmas.

Kulturowe źródła prawa i kulturowe uwarunkowania władzy politycznej. Wewnętrzny kolonializm i casus akulturacji prawnej Ślązaków

Cultural Sources of Law and Conditions of Political Power. Internal Colonialism and the Case of Legal Acculturation of Silesians The article addresses legal pluralism, namely the interaction of norms resulting from either custom or law, which takes place in the face of emancipation processes in Polish Silesia. It concerns legal conceptualizations of regional autonomy and the negotiations of the legal status of the regional group that aims at a higher level of sovereignty. Namely, investigating the relationship between cultural and legal norms, I analyse the judicial procedure regarding the way of adjudicating and defining Silesianness. Considering the existence of multiple parallel ethnic identities in Poland, I strive to illuminate the question of the legal definition of Polishness and the normative dimension of legal definition. I bring to light the making of the adjudication in the Polish justice system, and thus highlight the mechanisms present in the legislative process and rationalisations operating wherein. I am interested in the consequences of these processes for establishing the legal and the factual status of different groups. The conception of identity used by modern jurisdiction derives from the definition of the dominant group (of Poles) and works towards strengthening its status against the status of other, parallelly existing groups whose self-identities do not fall squarely within the hegemonic construction. My hypothesis is that the process of interpreting the law in force in Poland follows subjective ideas and is often drafted in programmatic terms.

Legal Protection of the Commune's Own Tasks in Meeting the Collective Needs of the Community as far as a Municipal Marketplace is Concerned on the Ground of Polish Infractions' Law

One of the commune's own tasks is to meet the collective needs of the community. The most important issue from this perspective is the place designated for commerce. The commune may designate such a place on on the territory owned or managed by it. This designated place is called the market, which is every place where the sale is carried out. The regulations in force in Poland show some inconsistency in the approach to sales conducted in places other than shops. On the other hand, the use of the municipal market entails payment of the market fee, the objective scope of which raises doubts. Sale outside the designated place constitutes an infraction punishable by a fine. Its object of protection is public order and peace. The act consists in conducting sales activity. It may be committed by anyone, both intentionally and unintentionally. The offender is subject to punishment even in the case of a one-off, small sale, but it is possible to waive the penalty.

How Pro-Environmental Legal Regulations Affect the Design Process and Management of Multi-Family Residential Buildings in Poland

This article addresses issues related to the quality of design and subsequent management of multi-family residential buildings in the context of their energy supply. The framework of the analysis carried out here are pro-environmental legal regulations currently in force in Poland. This article describes the impact of these regulations on the design process and the role of the designer. The requirements have been defined and the constraints have been identified. A number of factors directly related to the nature and parameters of the designed buildings and their location have been taken into consideration. On the basis of this study, the impact of legal regulations both on the method of energy supply in the buildings and on their later use and management have been presented. Positive and negative aspects of the analyzed regulations have been indicated and directions for their evaluation and optimization have been proposed. The research was carried out using real buildings, both completed and in the design phase. This article is based on the authors’ extensive experience in designing multi-family residential buildings in Poland.

Ustawa o dokumentach publicznych i jej rola w zapobieganiu fałszerstwom dokumentów

<p>Forgeries of documents concern almost all types – from ID cards, passports, to money marks and securities. This procedure is a serious threat to proper legal transactions. Security of legal transactions means the need to ensure the credibility of documents by caring for trust in the document as a formal way of ascertaining the law, legal relationship or circumstances that may have legal significance. For this reason, the document benefits from protection in many areas. There are nearly 400 legal acts in the legal system in force in Poland, the subject of which are documents. Representatives of the scientific community, lawyers and experts in the field of document research, however, have for years emphasized the need for a legal act to legally organize the issues of documents. The Act of 22 November 2018 on Public Documents, therefore, constitutes a long-awaited legal regulation and thus is an important element in the process of preventing crimes against the credibility of documents, filling the organizational and legal gap in the broadly understood issue of public documents. The Act had to be a form of coherent, comprehensive legal regulation that would be used in both administrative, civil and criminal law. Its solutions should be considered as correct and necessary in creating a system of public document security. The implementation of the provisions of the Act on Public Documents gives hope for comprehensive regulation of the indicated issues. Both from the perspective of securing the interests of the state and its citizens, the Act deserves a positive assessment of its provisions.</p>

Country Note: Customs And Fiscal Control In Poland As A Radical Measure To Eliminate Tax Evasion

Many European countries with stable market economies have recently taken measures to seal their own tax systems. A noticeable phenomenon are the modifications in the organization and functioning of tax administrations and in the existing procedures for the control of taxpayers with respect to the tax law. Customs and fiscal control, which was recently introduced in Poland, is an example of a new control procedure aimed at eliminating tax evasion and combating tax fraud, especially carousel transactions in value added tax. The introduction of this control was preceded by the establishment of a special Customs and Fiscal Service within the modernized National Fiscal Administration. In the article, the author analyses and evaluates the regulations contained in the Act on National Fiscal Administration that concern the fundamental aspects of performing customs and fiscal control. In this contribution, the author emphasizes that the very broad scope of the subject matter of customs and fiscal control allows for a significant amount of freedom for authorities in shaping the control policy and modifying it depending on the risks involved. The exploitation of the powers granted by tax authorities in a disproportionate manner is a source of tax disputes initiated by the controlled taxpayers. Customs and fiscal control in the area of tax law compliance is one of four tax procedures in force in Poland that is aimed at verifying compliance with tax obligations. Although these procedures should be autonomous, in practice, the dualism of control has been maintained. Customs and fiscal control precedes tax proceedings and automatically transforms into these proceedings without any formal initiation. This is a completely innovative legal instrument that allows for rapid investigation and determination of the amount of tax arrears. In this author’s opinion, a customs and tax inspection is a special procedure for obtaining and collecting evidence that is subsequently employed in tax proceedings. Tax law, tax administration, custom and fiscal control, tax evasion.

An analysis of wind conditions at pedestrian level in the selected types of multi-family housing developments

The following article addresses the issue of wind conditions around urban building development at pedestrian level. Factors that depend on those issues include wind comfort and air quality within urbanized spaces. The conditions specific of cities located in a temperate climate zone have been taken into account. The article is intended to identify aerodynamic phenomena characteristic of the three basic types of multi-family building development (section, linear, quarter). For each type of buildings, three different variants were considered on the basis of land use efficiency (low, medium, high) each type of buildings is characterised with. The models illustrate the patterns observed within European urban planning thought and have been developed in accordance with contemporary architectural and urban conditions, as well as with legal requirements and good practices in force in Poland. Experimental research in the wind tunnel has been conducted by means of two complementary field methods (visualization and erosion). The application of these two methods made it possible to obtain data on airflow direction layouts and on changes in airflow velocity. Subsequently, the results obtained in the study have been compared. Thus, more and less favourable geometrical layouts in respect to aerodynamic phenomena have been indicated.

THEORETICAL AND PRACTICAL ASPECTS OF CIVIL DEFENSE - CURRENT STATE AND DIRECTIONS FOR PERFECTION

The article presents legal and organizational issues related to the functional and institutional enterprises of the Civil Defense in the Republic of Poland. It was assumed that the article will be based on common knowledge from widely available studies covering the last thirty years, which means it was obtained from literature written after the political changes in Poland. The second assumption was to use the provisions of generally applicable law, both Polish and laws ratified by the Republic of Poland. Valuable sources of information subjected to analysis were also the few scientific papers released in Polish academic centers and studies prepared for the needs of the National Headquarters of the State Fire Department Service in Warsaw. The article was divided into three parts. They include: introduction, methodological assumptions, subject-and-object scope of civil defense and summary that point the direction of necessary projects aimed at improving civil defense. The article focuses on the diagnosis of the condition of applied solutions with a precise definition of the purpose, duties, tasks and powers of the authorities competent in civil defense matters. This work presents the results of an analysis of bibliographic sources, which, according to the authors' statements, was considered the most appropriate due to the adopted methodological assumptions, mainly in the scope of the adopted objective and research problem. The conducted analysis proves that the Civil Defense organization functioning in its present form for almost twenty years needs improvement. Its purpose, tasks and structure do not require changes. However, the system of directing and supervising civil defense formations calls for a different look. Changes are also necessary in terms of functional and institutional links with other state entities responsible for general security. The authors of the article put forward directions for improving the functioning of civil defense, by better adapting to the law in force in Poland regulating the issues concerning following systems: crisis management, state emergency medical services and emergency alerting. The results of the conducted research indicate, on the one hand, the need to rationalize civil defense but without the need to amend the provisions relating to the issues of conducting rescue operations.

BEZPIECZEŃSTWO W RUCHU DROGOWYM – PIESI JAKO NIECHRONIENI UCZESTNICY RUCHU DROGOWEGO

Cel badań. Celem przeprowadzonych badań było wykazanie obszarów ochrony pieszych pod względem prawnym i technicznym oraz tego, jaki wpływ ma zachowanie pieszych na bezpieczeństwo w ruchu drogowym. W tekście zostały omówione następujące zagadnienia: piesi, jako niechronieni uczestnicy ruchu drogowego; trzy ważne zasady chroniące życie pieszych; zagrożenia dla pieszych i przez pieszych.
 Metodologia. Główną metodą badawczą wykorzystaną do omówienia zagadnienia bezpieczeństwa pieszych w ruchu drogowym jest analiza źródeł prawnych oraz programów telewizyjnych, artykułów oraz dostępnej literatury naukowej.
 Wyniki badań. Rozwiązania prawne w zakresie bezpieczeństwa ruchu drogowego obejmujące ochronę pieszych obowiązujące w Polsce należy uznać za wystarczające. Znaczącym problemem jest jednak wciąż nieodpowiednia infrastruktura pieszo-drogowa, która w znaczący sposób mogłaby zmniejszyć ruch pojazdów a uwolnić ruch dla pieszych zwiększając poziom bezpieczeństwa w szczególności w miastach. W konsekwencji zwiększony udział transportu zbiorowego ogranicza ruch innych pojazdów. W artykule wykazano, że lekceważenie przepisów prawa o ruchu drogowym i brak świadomości sytuacyjnej przez pieszych i kierowców pojazdów jest zagadnieniem trudnym do zwalczenia. Bez systemu edukacji i dostosowania treści do poziomu odbiorców nie możemy mówić o długofalowym zapewnieniu bezpieczeństwa pieszym.
 Wnioski. Bezpieczeństwo ruchu drogowego to nie tylko statystyka i przeciwdziałanie wypadkom. Jest to złożony problem, w którym dziedziny nauki takie jak psychologia, socjologia, biologia, prawo oraz techniczne dyscypliny naukowe powinny ze sobą współpracować. W literaturze naukowej, jaki i opracowaniach instytucjonalnych zajmujących się bezpieczeństwem ruchu drogowego, brakuje zajęcia stanowczego stanowiska przez badaczy oraz praktyków zajmujących się tematyka poprawy bezpieczeństwa w ruchu drogowym.

Model tests of bending and torsional deformations of thin-walled profiles stiffened with elements made in 3D printing technology

The paper presents the benefits of using 3D printing technology as an effective way to increase the rigidity of thin-walled bars subjected to non-free torsion. The first part of the article concerns bending and torsion testing of C thin-walled unstiffened and longitudinally stiffened profiles. The proprietary solution made with 3D printing technology was used as the longitudinal stiffening. The impact of a stiffener used on bending – torsional displacements in selected profile sections was assessed. The results of experimental research and numerical analysis made with the finite element method were compared. Based on numerical simulations and experimental tests carried out, it can be stated that the stiffener that was used increases the flexural and torsional stiffness of thin-walled profiles. In the second part of the work, in order to present the legitimacy of the discussed topic, the impact of the disassembly of the outer plating in the storey of a single-story structure of a single-family building made of light steel framework technology on its stability is shown. For this purpose, three various calculation were assumed for the adopted object, whose models were subjected to numerical analysis by the finite element method. The analysis took into account possible charges to occur in accordance with the regulations in force in Poland. Due to the analysis of the building model without stiffening plating on the ground floor, it was confirmed that the displacement limits specified in the standards were exceeded. The study showed that the self-wedging assembly insert developed in 3D printing technology developed by the authors is an effective way to increase the rigidity of non-free torsion of C-type steel thin-walled profiles and is used in renovation and repair works when there is a need to stiffen a building block following the removal of wall sheathing.

E-Consumers and Local Food Products: A Perspective for Developing Online Shopping for Local Goods in Poland

The constant development of consumer awareness regarding sustainable development has spread to food markets. Decisions related to food consumption are increasingly becoming, for consumers, an opportunity to demonstrate a specific value system, contesting mass and globally distributed food. Local products began to appreciate local produce, which is the opposite of mass production. Local food is gaining popularity, being perceived as healthier, unprocessed, and containing fewer preservative compounds, while also requiring fewer natural resources, leading to a lower environmental footprint. The phenomenon of shopping virtualization has also been growing in strength lately, especially among food consumers. Although Polish food e-commerce is still relatively undeveloped, online food sales have been the fastest growing category of Internet sales. According to experts, by 2026, nearly 40% of all products globally will be sold online. The main purpose of this article was to identify the behavior of Polish consumers shopping online for local food products and to identify barriers to purchase. Our findings were then used to determine development opportunities for this form of trade in relation to local food in the light of new legislative solutions currently in force in Poland. As part of the research procedure, an extensive literature review was carried out. In addition, some of the research findings were cited regarding consumer behavior in the local food market, conducted on a population of 1067 respondents. The study showed that Polish e-consumers of local products are usually aged 30–40, well-educated, and are in a good financial situation. Respondents pointed to high prices as the main barrier to buying local products via the Internet, a drawback which may be remedied to some extent by the recently adopted legislative solutions falling under the scope of what is termed in Poland as agricultural retail trade as well as by the promotion of short supply chains such as the Polska Smakuje initiative.

Trade Fair Fee as a Source of Income for the Budgets of Municipalities in Poland on Selected Examples

Abstract The public finance system in force in Poland provides for a trade fair fee (Polish - „opłata targowa”) as part of municipalities’ own revenues. The trade fair fee is collected from persons selling at marketplaces located in the municipality. It constitutes own income for the commune’s budget and is an archaic form of public tribute. According to the legal regulations in force in Poland, communes may waive the collection of the exhibition fee, however, there are still many communes collecting it. The assessment of income to the commune budget from the trade fair fee was carried out on the basis of a survey of income to the budget of selected 10 coastal communes in Pomorskie Voivodeship. The selection of coastal municipalities was determined by their specificity in terms of retail trade on markets and squares. This is because the holiday season attracts many tourists and entrepreneurs who sell the goods they offer in the mode of direct retail trade carried out on local markets, streets or squares (often located near the entrance to local beaches). The analysis of income from the fair fee was carried out on the basis of reports on the implementation of the budgets of communes and reports on the income of communes Rb-27s published by commune authorities on the pages of the Public Information Bulletin of a given local government unit. Verification of the revenue of the selected 10 municipalities from the fair fee for 2016-2019 revealed a very low share of the fair fee in the total revenue to the municipalities’ budgets (maximum 1.60% for the Łeba municipality in 2016). Moreover, the communes incur significant costs related to the collection of the trade fair fee, which are connected with the payment of commissions on the collected amounts up to 25% of the total income from the fee. The results of the research indicate that it would be reasonable for the authorities of the analysed communes to consider abolishing the trade fair fee in their area, as the revenue is small compared to the costs incurred. The liquidation of the market fee may attract more traders and improve the image of the commune as a facilitator of business activities involving trade in marketplaces.

Cryptocurrencies: Some Remarks from the Perspective of Polish Employment and Tax Law

AbstractIn view of the fact that technological progress is in a constant state of change, current research efforts are directed towards blockchain technology and cryptocurrencies. Starting with the description of the way blockchain technology operates, the notions of decentralisation, proof-of-work consensus, and practical immutability are explained. Further, the article examines the possibility of using cryptocurrency in order to pay remuneration, realise partial non-cash payment of remuneration or grant an award to an employee. This article presents evidence that demonstrates that remuneration in the framework of the employment relationship in Poland cannot be paid in cryptocurrency, which contributes to the performance of the protective function of labour law. The article concludes that a collective labour agreement could include a clause allowing the employer to realise partial non-cash payment of remuneration in cryptocurrency. Similar provisions could be introduced in labour law, but the Polish legislator has never adopted such a measure. The authors highlight, however, that an award can be paid in cryptocurrency even in the full amount. Next, the authors research the new tax regulations in force in Poland since 1 January 2019 and explain why it is conceptually more convincing to classify revenues from cryptocurrency trading as revenues from money capital and revenues from capital gains than as property rights. The article presents a definition of the disposal for valuable consideration of a virtual currency. The purpose of this article is also to study how high is the income tax on income earned from the disposal for valuable consideration of virtual currencies. Moreover, an overview of the legislation related to tax-deductible expenses is provided. Finally, some reflections on the cryptocurrency trading in the context of the pursuit of an economic activity are given. The review especially highlights the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, and the judgment of the CJEU of 22 October 2015 (Skatteverket v. David Hedqvist[2015], case C-264/14), which has impacted the approach to the VAT problem in Poland.

Diversity of children’s situation after parents’ divorce. Selected variants of childcare

In Poland, tens of thousands of couples divorce every year, most of them are parents. Divorce has certain consequences for children, but the situation of children after divorce varies greatly. Legislation in force in Poland safeguards the child's best interests in a divorce situation. The article describes three variants of childcare after divorce: joint custody, single parenthood, reconstituted family. In each of these variants, there may be (but do not have to) certain treats, and everyone can also be a chance for a child to create a stable, friendly educational environment. Certainly, for a single/independent parent, reconciliation of childcare and upbringing with professional activity, housekeeping is a big challenge. It can also be difficult to spend time with a child constantly, lack of time to rest. Joint custody requires constant parents' contacts and arrangements after divorce, which may not be easy for them. In turn, in a reconstructed (patchwork) family there is a greater risk of conflicts, jealousy, alliances directed against one of the family members. However, examples of specific families show that it is possible to create a stable, safe environment for raising children after divorce, although it is certainly a big challenge requiring the maturity of both divorcing parents. From the point of view of child development, it seems more important what emotional climate will occur in the environment in which the child will live after divorce, how his/her parents will deal with the situation of separation and what strategies they will apply than what variant of childcare they will choose.