Prawo i Więź ukazuje się regularnie od 2012 roku, a od grudnia 2015 roku znajduje się na ministerialnej liście czasopism punktowanych. Od 2024 r. Prawo i Więź jest dwumiesięcznikiem publikowanym w cyklu wydawniczym: luty, kwiecień, czerwiec, sierpień, październik, grudzień. W Prawie i Więzi publikowane są teksty ze wszystkich dziedzin prawa prawa materialnego i procesowego oraz z teorii, filozofii i socjologii prawa. Czasopismo przyjmuje do publikacji teksty w języku polskim i angielskim, przygotowane w formule artykułów, glos lub recenzji monografii naukowych. Czasopismo dąży do rozszerzenia zakresu polskiej debaty prawniczej poprzez wprowadzenie do niej niedostatecznie zbadanych problemów, a także umieszczenie krajowych zagadnień w szerszym kontekście międzynarodowym. Redakcja preferuje artykuły, które przedstawiają szerszy kontekst międzynarodowy i perspektywę prawnoporównawczą, jak również wprowadzają idee, zagadnienia i problemy prawne, które nie były dotychczas szeroko omawiane w Polsce. Prawo i Więź jest indeksowane w SCOPUS, European Reference Index for the Humanities and Social Sciences (ERIH PLUS) i The Central European Journal of Social Sciences and Humanities (CEJSH). Prawo i Więź jest adresowane przede wszystkim do przedstawicieli środowiska naukowego. Gorąco zachęcamy Czytelników do zapoznawania się kolejnymi numerami czasopisma, a Autorów do współpracy! Wersja pierwotna jest wersją elektroniczną. Opublikowane artykuły są dostępne w open access (OA). Wskaźniki oceny czasopisma: MNiSW: 100 pkt DOI: 10.36128/priw.vi ISSN: 2299-405X online ISSN: 2719-3594 Wskaźnik odrzuceń: 34%
Wydawnictwo Spółdzielczego Instytutu Naukowego
Informacja publiczna a tajemnica przedsiębiorcy
Access to public information is a right guaranteed not only by acts, but above all by the provisions of the Polish Constitution. However, it is not an unconditional right, as it is subject to certain restrictions, specified, inter alia, in Article 47 of the Polish Constitution and Article 5 of the Act on Access to Public Information. One such restriction on obtaining public information is trade secret. Due to the growing number of requests for access to information containing this secret, this study presents the most important issues related to this topic.
decyzja o odmowie udostępnienia informacji publicznej
Prawa autorskie (c) 2025 Renata Cybulska https://creativecommons.org/licenses/by/4.0
Security in the Era of Threats Occurring in Cyberspace
Security has always been of paramount importance to both society and the state. In the era of widespread Internet access, we can speak of a new dimension related to the use of cyberspace. New threats are emerging that are not limited to specific countries but can even have an international dimension. Given that information and communication systems are now widely used around the world, cyberthreats that compromise their functioning are also common. New technologies, including artificial intelligence, are, on the one hand, a manifestation of the development of states and societies, but, on the other hand, if used improperly, they can lead to serious consequences, even disrupting the operation of strategic sectors and even necessitating the activation of crisis management mechanisms. When implementing and using information and communication technologies, the associated risks must also be considered. Electronically transmitted and shared information now occurs on a large scale, so it is crucial to avoid being manipulated. The purpose of this paper is to determine the security status of a digital state that utilises cyberspace for its operations. Within this state, society also benefits from new technologies, which are also based on cyberspace. This paper employs a dogmatic-legal approach and also includes a review of the literature. Therefore, qualitative methods related to text content analysis were used.
Prawa autorskie (c) 2025 Dominik Bierecki, Mirosław Karpiuk, Claudio Melchior, Nicola Strizzolo https://creativecommons.org/licenses/by/4.0
Cele klimatyczne w działalności przedsiębiorców publicznych: aspekty prawne
State Treasury sets objectives for the companies it supervises. These can, and should, include economic goals, but also social goals, including environmental ones. This paper points to this possibility, justifies such a need on the basis of European Union law and public climate policies, and indicates the instruments for doing so. The paper begins by defining supervision and the objectives in supervision, taking into account the doctrine of administrative law. It goes on to identify the current regulations on management objectives in public companies and their wording. The next parts of the thesis deal with the role of the environment in European Union policies and law, particularly within the framework of the „European Green Deal”, and the role of the environment in market practices and private financing. The last part of the argument is an analysis of the possibility and legitimacy of including environmental objectives in the corporate governance of public companies in Poland. The whole is ended with conclusions and a list of sources.
Prawa autorskie (c) 2025 Tomasz Bojar-Fijałkowski https://creativecommons.org/licenses/by/4.0
Powrót do prawa powielaczowego? Rzecz o wytycznych Ministra Zdrowia z 30 sierpnia 2024 roku
Abstract According to the 1997 Constitution of the Republic of Poland, legal norms may be established either through an act of universally binding law (which may address anyone) or through an act of internally binding law (which may address only entities organizationally subordinate to the issuing authority). Guidelines cannot contain norms of universally binding law. The detailed regulation of the sources of law in the 1997 Constitution was intended to prevent a return to the situation from the communist era (PRL), when various state bodies, through various informal instruments, effectively created universally binding laws, often modifying statutes – a phenomenon referred to as „mimeograph law”. The guidelines issued by the Minister of Health on 30 August 2024 concerning abortion exhibit many features characteristic of mimeograph law: a lack of legal basis and promulgation; the modification and denial of statutory provisions; and a descriptive formulation (rather than the form of legal provisions). This obscures the normative novelty introduced by the Minister’s guidelines of 30 August 2024.
Prawa autorskie (c) 2025 Krzysztof Szczucki, Marcin Olszówka https://creativecommons.org/licenses/by/4.0
Sprzedaż biometanu po stałej cenie zakupu jako instrument prośrodowiskowej regulacji sektorowej
The authors analyse the changes made to Poland's Renewable Energy Sources Act regarding the support system for biomethane, in relation to the implementation of the RED II Directive and the EU hydrogen and gas decarbonisation package. In the first part of the study, they describe the basis of pro-environmental, sector-specific regulation, particularly in the gas industry, and the potential for using biomethane to decarbonise this sector. They then analyse changes in European policy and legislation relating to biomethane, as set out in the Polish National Energy and Climate Plan. The final section of the paper focuses on the key instrument for supporting biomethane in Poland: the sale of biomethane at a fixed purchase price. In this regard, they analyse the legal framework for this instrument, the procedure for obtaining support, the level of the fixed purchase price, the support period, and the rules for settling accounts with the entity paying the state aid.
prośrodowiskowa regulacja sektorowa w gazownictwie
Prawa autorskie (c) 2025 Eryk Kosiński, Marcin Trupkiewicz https://creativecommons.org/licenses/by/4.0
Bank-Enforceable Title in the system of banking privileges: a study of the institution and its repeal
The bank-enforceable title was one of the most significant banking privileges consisting of the power of banks to issue an enforcement title without trial. The bank-enforceable title was one of the most significant banking privileges consisting of the power of banks to issue an enforcement title without trial. The paper addresses the genesis, function and legal construction of the first and most controversial enforcement privilege in the Third Republic of Poland. The paper also discusses the formation of the discourse on the constitutionality of the bank-enforceable title.
Prawa autorskie (c) 2025 Mirosław Pawełczyk https://creativecommons.org/licenses/by/4.0
Protection of Consumer Rights when Initiating Enforcement Proceedings under a Bank Enforcement Order
The bank enforcement order was one of the most controversial banking privileges. The repeal of this institution due to its contradiction with the Constitution did not definitively end its use. The creditors were entitled to carry out enforcement proceedings under the transitional provisions which requires balancing the principle of protection of pending interests and the protection of the debtor-consumer. This paper addresses the key issues associated with initiating enforcement proceedings against consumers and clarifies any interpretative uncertainties.
Prawa autorskie (c) 2025 Łukasz Hawrylak https://creativecommons.org/licenses/by/4.0
Ramy prawne raportowania ESG w Unii Europejskiej – ewolucja od NFRD do CSRD
The transition to a zero-emission economy and sustainable development requires us to reduce our use of fossil fuels and implement legal and reporting mechanisms that oblige businesses to comply with environmental and social standards. One of the key challenges has become the reporting of non-financial information, including environmental, social and corporate governance (ESG) aspects. Initially, this data was reported in accordance with the 2014 NFRD Directive, which was replaced in 2024 by the CSRD Directive, and further legislative changes regarding non-financial reporting are currently being implemented and planned. This paper presents the evolution of the legal framework for ESG reporting in the European Union, identify differences in reporting obligations under the aforementioned directives; it also highlights problems related to the lack of consistent, uniform, and mandatory ESG reporting standards. Despite the implementation of the CSRD Directive, the paper emphasises that companies still have too much discretion in selecting the information to be reported, which hinders comparability and verification. The analysis confirms that the abundance of data and the qualitative nature of ESG indicators increase interpretative risks and may undermine the objectives of non-financial reporting.
Prawa autorskie (c) 2025 Daria Kostecka-Jurczyk, Katarzyna Marak https://creativecommons.org/licenses/by/4.0
Prawo właściwe oraz jurysdykcja krajowa w zakresie stosunków pracy pomiędzy podmiotami polskimi i ukraińskimi na tle konwencji polsko-ukraińskiej o pomocy prawnej i stosunkach prawnych w sprawach cywilnych i karnych
This paper addresses conflict-of-law and jurisdiction issues relating to cross-border employment relationships between Poland and Ukraine, in light of the intensified forced migration triggered by Russia’s aggression against Ukraine in 2022. The sudden influx of Ukrainian nationals into Poland has led to a significant increase in international employment relationships, necessitating the determination of applicable laws and jurisdictions for related disputes. A key part of the analysis compares two legal instruments: the Rome I Regulation and the 1993 bilateral convention between Poland and Ukraine on legal assistance and legal relations in civil and criminal matters.
konwencja pomiędzy Polską i Ukrainą o pomocy prawnej i stosunkach prawnych w sprawach cywilnych i karnych
Prawa autorskie (c) 2025 Witold Kurowski, Urszula Torbus https://creativecommons.org/licenses/by/4.0
From International Protocol to Practice: Aceh’s Holistic Response to Rohingya Refugees
This study draws on a qualitative investigation conducted in Aceh, Indonesia, between March and November 2024, with field data collected from 15 August to 2 September 2024. It explores the intersection between the Global Protection Cluster (GPC) framework and local wisdom in addressing the humanitarian needs of Rohingya refugees. The GPC framework – based on principles of participation, accountability, and empowerment – offers a structured model for coordinating international humanitarian responses. In Aceh, the global framework is enriched by the region’s Islamic-rooted values and traditions of communal solidarity. Based on field interviews, focus group discussions, and institutional data, the study illustrates how local communities in Aceh have contextualized the GPC to their specific cultural context. The findings underscore the importance of cultural sensitivity, community engagement, and integrated protection strategies. This model demonstrates the potential for refugee responses that are globally informed, yet locally grounded, effective, and sustainable. By addressing a longstanding gap in refugee literature – namely, how global protection standards interact with culturally embedded systems – the study contributes to the development of humanitarian crisis management as a science. It also provides a contextual policy reference that may inform future national frameworks in Indonesia and the Southeast Asian region.
Prawa autorskie (c) 2025 Malahayati Rahman, Laila Muhammad Rasyid https://creativecommons.org/licenses/by/4.0
Transformacja na rynku mieszkaniowym w Polsce – następstwa i perspektywa na przyszłość
The fundamental assumption of a market economy is that it aims to balance supply and demand. Achieving equilibrium is an optimisation goal for the economy. However, the situation in the housing market under domestic conditions is a prime example of a quantitative supply-demand crisis. This warrants a review and re-evaluation of the current market mechanisms. For, in accordance with the adopted economic model, the state is obliged to correct market mechanisms (Article 20 of the Constitution of the Republic of Poland) and to take due care in terms of satisfaction of housing needs (Article 75 of the Constitution of the Republic of Poland). After all, the situation on the housing market influences the standing of the entire economy and has a significant effect on social affairs.
Prawa autorskie (c) 2025 Krzysztof Kucharski https://creativecommons.org/licenses/by/4.0
Improving the Legal Framework for Green Finance in Vietnam. A Comparison with Selected ASEAN Countries
Green finance is becoming a global trend towards sustainable growth, reducing greenhouse gas emissions, and adapting to climate change. This study analyzes the legal framework for green finance in Vietnam and compares it with the experiences of three ASEAN countries with similar conditions: Thailand, the Philippines, and Brunei. Through a comparative analysis of laws and practical situations, the article points out shortcomings in the current legal system, such as the lack of a specialized legal framework, lack of national taxonomy, mandatory Environmental, Social and Governance (ESG) disclosure obligations and lack of effective monitoring mechanisms. On that basis, the article proposes a comprehensive and feasible system of solutions to improve green finance laws in Vietnam, thereby improving the ability to mobilize green capital and integrate into the global sustainable financial ecosystem.
Prawa autorskie (c) 2025 Thuy Nguyen Thị Thu https://creativecommons.org/licenses/by/4.0
Protection of Children Against Sexual Abuse. Analysis of Indian Legislation from an International Perspective
Children are considered the backbone of any nation, and their well-being is one of the factors necessary for nation-building. Children are to be safeguarded from societal harms. They are granted the protection due to their vulnerable status, ensuring that they are not subjected to abuse. Their age and stage of development can pose various disadvantages and increase the risk of being harmed. Child sexual abuse (CSA) is a grave issue, but remains largely underestimated due to under-reporting, it has been happening from centuries CSA has only recently been publicly acknowledged as a serious problem around the world, including in India There are laws in India to address such perpetrators, and appropriate amendments have been made based on inputs from different segments of society. Despite the presence of existing laws, CSA in India has reached epidemic levels. The article examines Indian laws, specifically the IPC 1860, the POCSO Act 2012, and the BNS 2023, from an international perspective. It includes challenges on the key issues such as the “age of consent,” medical examination, and mandatory reporting in cases of child sexual abuse. The paper also assesses how well India has implemented the principles of the United Nations Convention on the Rights of the Child (UNCRC). It highlights the alignment of Indian laws with international standards, as well as the gaps.
Prawa autorskie (c) 2025 Safoora Ahad, Sankar D https://creativecommons.org/licenses/by/4.0
Włączenie karty adresowej zabytku nieruchomego do gminnej ewidencji zabytków. Refleksje na tle materialnej definicji zabytku i najnowszego orzecznictwa sądów administracyjnych
This paper aims to analyse the implications of including an address card for an immovable monument in the municipal monuments register. This is considered in the context of the material definition of a monument and the latest administrative court case law. The study presents two perspectives on the entry of monuments into the municipal register, as reflected in legal doctrine and case law. It also examines the role of the Constitutional Tribunal’s ruling of 11 May 2023 (case no. P 12/18) concerning the inclusion of an immovable monument’s address card in the register, along with the impact of this judgment on subsequent rulings by administrative courts.
Prawa autorskie (c) 2025 Aleksandra Główczewska https://creativecommons.org/licenses/by/4.0
„Jeszcze do nas mili bracia, uśmiechnie się los?”. Wybrane aspekty aktywności gospodarczej obywateli Ukrainy w Polsce
This paper analyses selected aspects of the economic activity of Ukrainian citizens in Poland, with particular emphasis on the changes caused by the Russia's aggression against Ukraine and the adoption of the Special Act on assistance to citizens of Ukraine. The phenomenon of Ukrainian entrepreneurship is presented against the backdrop of Poland's transformation from an emigration country to a country hosting migrants. The article presents a systematic overview of the legal regulations concerning the establishment and conduct of business activity by foreign nationals in Poland, emphasising the separate solutions adopted for Ukrainian citizens – both before and, in particular, after the start of Russia's full-scale war against Ukraine. Particular attention was paid to formal requirements, the scope of permissible forms of business activity, and to cases resulting in its termination. The paper also presents statistical data showing the dynamic development of entrepreneurship among Ukrainian citizens in Poland, especially in the form of sole proprietorships and companies with Ukrainian capital. It also discusses controversial legal phenomena, such as the structure of so-called „ukrainian companies” („spółki ukraińskie”) or the use of unregistered activities. The conclusions drawn from the research, presented in the article, emphasize significant contribution by Ukrainian citizens to the development of the Polish economy, manifested, among other things, in reducing labour shortages, increase of the GDP, creation of jobs and innovation support.
Prawa autorskie (c) 2025 Marcin Kiełbasa https://creativecommons.org/licenses/by/4.0
Singapore’s Carbon Tax Regulations: Lessons for Building a Carbon Tax Legal Framework in Vietnam
This paper analyses Singapore’s carbon tax regulations and draws conclusions that can inform the development of a legal framework for a carbon tax in Vietnam. Using a qualitative methodology, the paper analyses documents and policies, and compares the legal frameworks of Singapore and Vietnam. By learning from Singapore’s experience of implementing a carbon tax since 2019, which has achieved effective greenhouse gas emission reductions with a gradually increasing tax rate up to SGD/tonne by 2024, Vietnam could adopt a similar approach with a phased tax increase roadmap and clear emission thresholds. However, these recommendations are based on inferences that lack a clear basis for verification in the Vietnamese context. The paper also provides a model for designing a carbon tax legal framework that is suitable for Vietnam’s economic context. The recommendations aim to promote sustainable development and raise awareness of climate change mitigation by providing a comparative perspective on the application of carbon taxes in Southeast Asia.
Prawa autorskie (c) 2025 Nam Phan Phương Nam https://creativecommons.org/licenses/by/4.0
Pozycja prawna NNA w statutach polskich uczelni
This paper aims to analyse the legal status of non-academic staff (NAS) within the statutes of public academic institutions in Poland. Although they are formally part of the academic community, NAS are often marginalised in institutional practices and internal organisational regulations. The authors, using a formal-dogmatic method and quantitative-qualitative, examined 101 academic statutes of public universities. First, artificial intelligence tools were used to make a preliminary selection of the 20 most diverse statutes in terms of regulations concerning NNA. Next, using the MAXQDA tool, a qualitative analysis of the selected statutes was carried out in terms of: a) the place of NNA in the university community and their definition as a group of employees; b) the representation of NNA in university senates; c) representation in the electoral college; and d) other regulations. This paper contributes to debates on egalitarianism and the recognition of diverse professional roles within academia. The results of the analysis were used to formulate recommendations and proposals de lege ferenda.
pracownicy niebędący nauczycielami akademickimi (NNA)
Prawa autorskie (c) 2025 Katarzyna Górak-Sosnowska, Dawid Kostecki https://creativecommons.org/licenses/by/4.0
This paper presents Anton Kiersnowski’s concept of war, as set out in his 1939 work Philosophy of War. In this text, war is analysed as a phenomenon with moral and spiritual dimensions. Kiersnowski emphasises the ethical and religious dimensions of armed conflict, rejecting both pacifism and the theory of total war. He criticises Clausewitz and Lenin as architects of destructive ideologies. He portrays war as an inevitable yet pathological event that must be understood within the context of a Christian conception of justice. The paper calls for the revival of a spiritual Russian military doctrine rooted in pre-revolutionary traditions. The paper examines various historical conflicts, including Polish-Russian relations, through the lens of just war theory, asserting that only wars waged in defense of spiritual values and national-religious unity can be regarded as truly legitimate.
Prawa autorskie (c) 2025 Dariusz Szpoper https://creativecommons.org/licenses/by/4.0
Comparative Aspects of Administrative Contracts and Civil-Private Contracts
The purpose of this article is to deal with the comparative aspects between administrative contracts and civil-private contracts, analyzing the differences and similarities between them. This analysis in the comparative aspects of these two types of contracts will serve in relation to the definitions and characteristics, the entities that bind these contracts, the legal status of the contracting parties, the legal infrastructure by which these two types of contracts are regulated, the dispute resolution procedure between the contracting parties (in case of any eventual dispute), the way of changing or canceling them, etc. In addition to the differences between administrative contracts and civil-private ones, during the treatment of this paper, the differences between administrative contracts and other forms of administrative activity and the differences between civil-private contracts and contracts of other branches will be elaborated.
Prawa autorskie (c) 2025 Ahmet Imami, Detrina Alishani-Sopi https://creativecommons.org/licenses/by/4.0
The Feasibility and Necessity of Holding Elections in Ukraine During the Russian-Ukrainian War: A Legal Analysis
This paper explores the legal feasibility and appropriateness of conducting or deferring elections in Ukraine during the ongoing Russian-Ukrainian armed conflict, within the framework of both national legislation and international legal standards. It examines relevant international legal instruments in the field of electoral law, with particular attention to the principles governing the periodicity of elections and the conduct of electoral processes during states of emergency, including armed conflicts. The study further analyzes the legal provisions of Ukrainian domestic law concerning the administration of elections under martial law. The paper argues that, under the current conditions of war, the postponement of presidential and parliamentary elections in Ukraine is consistent with national legislation and does not directly violate international legal obligations concerning electoral rights.
Prawa autorskie (c) 2025 Mykola Buchyn, Yaryna Zavada https://creativecommons.org/licenses/by/4.0
Gwarancje pochodzenia dla nowych nośników energii
In their study, the authors analyse the changes made to the Renewable Energy Sources Act with regard to guarantees of origin, in relation to the implementation of the RED II Directive. In the first part of the study, they describe the EU regulations introducing guarantees of origin as a document certifying to the end user that a given part or quantity of energy was produced from renewable sources. They then turn to the changes concerning the new energy carriers covered by guarantees of origin. In this regard, they analyse these carriers with reference to French and German regulations. They describe the procedure for obtaining guarantees of origin, pointing to the significant differences in the French system. The last part of the paper is devoted to the mutual recognition of guarantees of origin and Poland’s participation in the Association of Issuing Bodies.
Prawa autorskie (c) 2025 Anna Trela, Marcin Trupkiewicz , Eryk Kosiński https://creativecommons.org/licenses/by/4.0
Regulacje prawne dotyczące kompetencji organów administracji w zakresie transformacji energetycznej – szanse i zagrożenia
The need for comprehensive legal regulations to ensure system reliability in the context of energy transformation forces the government to take action aimed not only at protecting and developing the industry, but above all at protecting the climate. The author of the paper analysed applicable legal provisions in force in both the international arena and national legislation, attempting to assess their effectiveness and comprehensiveness.
Prawa autorskie (c) 2025 Aleksandra Lubicz-Posochowska https://creativecommons.org/licenses/by/4.0
Kilka uwag o wpływie Zoroastryzmu na kształtowanie się norm prawa karnego w okresie panowania dynastii Sasanidów (III – VII w.n.e.).
This paper presents the basic tenets of the pre-Islamic criminal law that existed in the territory of present-day Iran. The basic principles of the law were derived directly from the state religion of Zoroastrianism and, most importantly, applied to all inhabitants of the area regardless of their religion. As a result, a significant part of the prohibitions and orders referred to moral issues characteristic of the state religion, such as rules for dealing with human corpses or acts of apostasy. The fall of the Sasanid dynasty and the adoption of Islam as the state religion brought an end to most of the legal institutions that referred to Zoroastrianism. However, the impact of these solutions on the Shariah-based legal system is still disputed in academia today.
Prawa autorskie (c) 2025 Krzysztof Dubicki https://creativecommons.org/licenses/by/4.0
Filing Timelines in Cross-Border Insolvency Proceedings Across Jurisdictions: A Comparative Study
This study examines the timing of foreign insolvency filings in five jurisdictions: the United States of America, Australia, the European Union, the United Kingdom, and Singapore, which collectively experience a significant volume of cases worldwide. The current United Nations Commission on International Trade Law (UNCITRAL) Cross-Border Insolvency (CBI) law, established under the UNCITRAL, does not adequately implement the timing protocol under the determination of the Centre of Main Interests (COMI). The study addresses inconsistencies in applying the timing protocol, focusing on its uniformity, recognition standards, and relief measures through comparative analysis.
Centre of Main Interest (COMI), Cross-Border Insolvency (CBI), United Nations Commission on International Trade Law (UNCITRAL), recognition, relief
Prawa autorskie (c) 2025 Nishanthini, Dr. Jayendra Kasture https://creativecommons.org/licenses/by/4.0
W sprawie zasadności dualizmu sądownictwa w sprawach własności przemysłowej
The subject of this paper is an attempt to answer the question of whether all cases heard by administrative courts, particularly those relating to industrial property, should be transferred to the jurisdiction of civil courts. Such proposals are still being put forward in legal theory. Supporters of this solution argue that litigation proceedings previously examined by the Patent Office of the Republic of Poland, in particular, should be transferred in their entirety to civil courts. Therefore, the current state of industrial property jurisdiction, including the establishment of intellectual property courts, will be discussed. Furthermore, the arguments for and against introducing the above solution to control of decisions of the Patent Office will be analysed.
Prawa autorskie (c) 2025 Krzysztof Dobieżyński https://creativecommons.org/licenses/by/4.0
Addressing Enforced Disappearances in Criminal Law: Legal and Procedural Perspectives from Ukraine and Bosnia and Hercegovina
The notion of enforced disappearance has been a serious violation of human right as the right to life and to liberty. The increase in the case of enforced disappearance in the society today and those of Ukraine and Bosnia and Herzegovina is in the increase and this crime is so rampant in these society. The objective and purpose of this paper is to show the extent that the crime of enforced disappearance has affected the population of Ukraine and Bosnia and Herzegovina, and how this crime has affected the criminal proceedings in most cases. In answering the above objective, it will be essential for us to look at an analytical research method, together with normative and comparative legal methods, in observing how the State of Ukraine and Bosnia and Herzegovina has been able is prosecuting this offence in consonant with the criminal texts and other legal instruments that these states has enacted in handling the said crime in question. Based on that, one can say that through the State of Ukraine and Bosnia and Herzegovina has the relevant laws criminalizing the above crime, this crime commission continue to be on the increase as the devastating effects are disastrous and the loss of human life enormous. From this set, one is pose to find out what can really be done in ensuring that the population of Ukraine and those of Bosnia and Herzegovina should be safe and not deprived of their fundamental right to life, it therefore becomes the responsibility of those in charge of criminal justice should properly enhance the criminal process so that those responsible for these crimes should be prosecuted accordingly.
Prawa autorskie (c) 2025 Serhii Ablamskyii, Iryna Hloviuk, Ena Kazić Çakar , Igor Zinkovskyy https://creativecommons.org/licenses/by/4.0
ESG jako narzędzie stymulujące rozwój zielonej transformacji energetycznej
This study aims to analyse the role of Environmental, Social, and Governance (ESG) standards as a legal instrument for stimulating the green energy transition in the European Union, with a particular focus on recent regulatory changes introduced in 2025. Using a doctrinal-legal methodology, the research examines EU legal acts and policy documents. The analysis shows that the „Stop-the-Clock” mechanism (implemented on 3 April 2025 as part of the Omnibus I package, COM(2025) 89), which postpones the reporting obligations for companies subject to the second and third waves of the CSRD until 2028-2029 and raises the qualification thresholds to 1,000 employees, 50 million Euro in turnover, or 25 million Euro in assets (Art. 3(2) of the amended CSRD) - reduces the number of obliged companies by 80%. The study finds that ESG standards serve a dual function: (1) as a capital allocation tool, integrating environmental (E), social (S), and governance (G) criteria into EU investment policy; and (2) as a monitoring mechanism based on mandatory non-financial reporting, which – despite controversies over delays – remains critical to achieving the objectives of the European Green Deal. Furthermore, the analysis underlines that the tension between reducing administrative burdens and ensuring transparency of ESG data requires the systematic harmonization of national legislation with the EU acquis communautaire. Without such coordination, which must take into account ECJ jurisprudence and the implementation of sectoral directives (e.g., RED III Directive), the energy transition will remain fragmented, risking social legitimacy deficits and climate policy regression. The study concludes that companies must strategically use the transition period (2025-2029) to implement ESG data collection systems, which are an indispensable condition for maintaining competitiveness in the context of global technological competition.
Prawa autorskie (c) 2025 Dorota Benduch https://creativecommons.org/licenses/by/4.0
Transformacja regulacji krajowego systemu cyberbezpieczeństwa z perspektywy instytucji administracyjnego prawa procesowego
The purpose of this study is to present the most significant procedural proposals included in the draft Act amending the Act of 5 July 2018 on the national cybersecurity system, which aims to align Polish law with the requirements of the NIS2 Directive, and to evaluate these proposals from the axiological perspective of administrative procedure. The paper primarily highlights solutions that constitute a normative novelty or represent a departure from the classical jurisdictional model of administrative proceedings as regulated by the Code of Administrative Procedure. Particular attention is devoted to such proposed measures as: the application of simplified procedures to ex officio proceedings; the issuance of automatically generated decisions imposing financial penalties; the exclusion of the Code definition of a party in proceedings concerning recognition as a high-risk supplier and the introduction of a new category of entity granted party rights; the selective delivery of notifications regarding the initiation of proceedings in cases concerning high-risk supplier recognition, the exclusion from participation in the taking of evidence and the publication of such decisions; the exclusion of the possibility to challenge the position taken by a cooperating authority under Article 106 of the Code of Administrative Procedure; the extension of the enforceability of decisions on recognition as a high-risk supplier; the exclusion of the principle of two-instance administrative proceedings; the problem of illusory judicial-administrative review; and the protective order as a general administrative decision.
Prawa autorskie (c) 2025 Martyna Wilbrandt-Gotowicz https://creativecommons.org/licenses/by/4.0
Samorządy zawodów zaufania publicznego w dobie transformacji cyfrowej. Perspektywy i wyzwania na przykładzie samorządu notarialnego
This paper addresses the issue of the role of professional self-governments of public trust professions in the process of digital transformation of the state. The aim of the study is to demonstrate the potential of these bodies as active participants in digitization processes, using the example of the notarial self-government. The first part outlines the legal foundations of professional self-governments. This is followed by an analysis of general digitization trends at the EU and national levels. Subsequently, the activities of the notarial self-government in the area of digitization are discussed, indicating both its achievements to date and potential development paths along with the associated challenges. The paper concludes with a summary of the key findings.
Prawa autorskie (c) 2025 Krzysztof Bodzenta https://creativecommons.org/licenses/by/4.0
Wyzwania zrównoważonego rozwoju na przykładzie regulacji nowej dyrektywy o promowaniu energii z źródeł odnawialnych (tzw. dyrektywy RED III)
This paper discusses the challenge of reconciling the different values present in European Union policy, with a particular focus on the key regulatory aspects of the new directive on the promotion of energy from renewable sources (the RED III Directive). Particular attention was paid to the provisions on criteria for the sustainable use of biomass and the establishment of special zones for the accelerated development of renewable energy. The analysis shows the growing challenges related to the need to harmonize various values and priorities present in the policies of the European Union. The paper presents the dynamics and multidimensionality of EU policies in relation to the implementation of the sustainable development strategy. In this context, the legal significance of the principle of sustainable development has been reflected upon, with the conclusion that it serves to integrate the various principles of EU law and the fundamental rights guaranteed by EU law.
Prawa autorskie (c) 2025 Tomasz Długosz, Anna Brzezińska-Rawa https://creativecommons.org/licenses/by/4.0