Tom 57, Nr 4Prawo i Więź nr 4 (57) 2025

This paper presents a comparative analysis of the sports financing systems in Austria and Poland from legal and economic perspectives. Austria employs a centralised model of sports funding, primarily based on the Federal Sports Promotion Act of 2017, which mandates an annual contribution of at least €120 million from gambling revenues, administered by the Bundes-Sportförderungsfonds. In contrast, Poland operates under a decentralised model, with local governments responsible for around 75% of public sports expenditure, supplemented by substantial support from state-owned enterprises. Both countries utilise public-private partnerships (PPPs), sponsorship and targeted tax incentives, albeit with varying degrees of institutionalisation. While Austria benefits from stable institutional funding, it risks stagnation in innovation and accountability. Meanwhile, Poland’s dynamic but fragmented model leads to regional disparities and challenges in strategic coordination. Recommendations include introducing performance-based funding reforms in Austria and developing a national sports financing strategy in Poland.

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.

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.

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.

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.

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.

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.

The paper presents the more important information obligations and the process of improving this right in two stages. First, it describes the four types of such regulations. Secondly, it enumerates innovative normative solutions for improving the quality of information processes and, in some cases, expanding them, based on previous analysis and its own research.

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.

The study analyses the regulations governing legal metrological control to determine the legal nature of legalisation certificates and the legalisation of measuring instruments, with the aim of classifying these activities as forms of economic administration. These determinations are significant because assigning these activities to specific legal forms determines the scope of judicial control of the administration of measures performed by administrative courts, as well as the means of control (administrative sanctions) applied in the event of a legal violation. The paper proves the thesis that the certificate of legalisation and the process of legalisation are authoritative forms of economic administration activity – specifically, the administration of measures – and can be considered specific individual administrative acts.

Russia’s invasion of Ukraine has had a negative impact on the economy. These phenomena have had far-reaching direct and indirect negative economic consequences. The situation became so severe that the typical mechanisms of the market economy required support in the form of interventionist measures. The application of these instruments, especially in crisis situations, seems justified; however, this process must be correct in terms of legislative technique, legal protection, and economic sense. This paper focuses on analysing selected provisions included in Polish legislation, particularly the Act on special provisions in the field of counteracting support for aggression against Ukraine and protecting national security. The unprecedented change in economic reality is forcing a transformation in the approach to instruments of state interventionism.

For the purposes of this paper, a detailed analysis was carried out of the European Union's normative acts, soft law sources and programme documents on the application of state aid. Based on this analysis, the principles, objectives and sources of state aid were specified. The long-term goals and the need to adapt them to current socio-economic needs were identified. The legally established principles of granting and applying state aid were also discussed, and it was noted that these principles undergo slight modifications in the temporary legal framework governing state aid applied in emergency situations. The goals set for the current budgetary period have led to a proliferation of new funding sources; this paper therefore presents some of these, highlighting their specialisation and dispersion.

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.

This paper revisits the issue of limitation periods with regard to State aid measures that do not comply with the standstill obligation, particularly in the context of their recovery. In light of the adoption of Regulation No. 2015/1589 and the evolving case law of the CJEU, the issue of limitation periods has become more important for those affected. However, the effect of the evolving case law has been to create different limitation periods for the Commission and national courts. Given that there is no longer a single limitation period in the context of state aid, this paper attempts to review applicable scenarios for such limitation periods. The law is stated as it stood on 1 September 2024, with some later developments added.

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.

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.

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.

This paper addresses issues that are important in terms of the liability of entrepreneurs for violating the principles of monitoring the transport of sensitive goods and the trade of heating fuels, as set out in the SENT Act. The high and strictly defined fines for breaching the reporting obligations imposed by the SENT Act, and the inability to moderate them, constitute an administrative sanction for entrepreneurs’ lack of self-control in such economic activities. While the legislator provided for the possibility of refraining from imposing a fine, the construction of the relevant provision was based on the discretion of the body conducting the proceedings. However, the previous practice of waiving fines shows that this institution was used extremely rarely, and the body conducting the proceedings was guided exclusively by the literal wording of the SENT Act provision. Recent case law from the Supreme Administrative Court emphasises the need to assess the advisability of imposing an administrative penalty, taking into account the premise of the necessity of imposing a fine. The provisions of the SENT Act and the content of the vague and imprecise terms used therein cannot be interpreted arbitrarily, as this could lead to a violation of the principle of proportionality when imposing a penalty for an infringement.

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.

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.

As it results from the content of art. 5 sec. 1 point 9 of the Act of 7 July 1994 – Building Law, the main determinant of the possibility of using public law instruments to protect the interests of third parties in the construction process is the area of ​​impact of the facility, referred to in art. 3 point 20 of this act. The provision of art. 5 sec. 1 point 9 of the Building Law directly refers to respecting the legitimate interests of third parties present in this area. The Act of 13 February 2020 amending the Building Law and certain other acts introduced new wording to the definition of the area of impact of the facility. This should be understood as the area designated in the surroundings of the building on the basis of separate provisions introducing restrictions on development in this area related to the facility in question. Prior to the aforementioned amendment, however, this area was understood as the area designated in the surroundings of the building on the basis of separate provisions introducing restrictions on development related to this facility, including development of this area. This paper aims to demonstrate the essence of the change introduced by the amendment and examine its impact on the protection of third-party interests in the construction process. This will be achieved by taking into account case law from administrative courts and the views of legal scholars on the basis of the previously applicable and current definitions.

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.

The 21st-century economy is experiencing unprecedented growth and specialisation, requiring an appropriate evolution in regulatory and institutional frameworks. This challenge also extends to business environment organisations, necessitating changes to their structure, objectives and functions. Against this backdrop, the author examines the shortcomings of the continental model and puts forward the sectoral model as an alternative, emphasising its potential for specialised expertise and its capacity for the extensive decentralisation of both authoritative and non-authoritative public functions.

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.

The purpose of this paper is to present the evolution of the regulations governing construction investments in telecommunications infrastructure against the background of its growing socio-economic importance. In light of these changes, the legislator, wishing to facilitate construction investments in this area, has consistently liberalised the regulations governing the conduct of such investments. However, telecommunications infrastructure consists of technically complex structures, and their implementation is not indifferent when it comes to environmental protection, spatial order, or the rights and interests of neighbouring property owners. Thus, there is a conflict of values that the legislator has to resolve and which affects the interpretation and application of the law. As a result, telecommunications infrastructure is treated specifically in many areas of administrative law, including dedicated exemptions from a number of obligations. An important element of the paper will be the analysis of the case law of administrative courts against the background of changing regulations. This is because legislative changes introduced to facilitate the investment process in telecommunications infrastructure are often interpreted narrowly by the courts. It can be said that the administrative courts go a bit against the legislator, perhaps wanting to protect spatial order, the environment or individual rights. References to the legislative process and legislative materials are an important part of the analysis.

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.

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.

One of the most important issues related to the death penalty is whether it has a deterrent effect and can prevent potential perpetrators, primarily potential murderers, from committing crimes. However, positions expressed in the related theoretical debate must first of all be based on practical experience, especially statistical analyses that can provide probabilistic arguments for the strength of the deterrent effect theory. This study examines the homicide trend in Hungary over the past 50 years and concludes that, although the presence or absence of a deterrent effect cannot be precisely determined in theory, practical experience suggests that it plays a negligible role in the perpetrators’ motivation.

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.

This paper analyses the legal qualification of deepfake in Polish civil law and its role in civil proceedings as a means of evidence. For this purpose, the provisions of civil law, procedural law and EU law were analysed in the context of acts on artificial intelligence and digital services introduced to protect against the use of artificial intelligence in an unethical manner. The paper uses a dogmatic-legal and analytical method, examining the doctrine and legislation on evidence, forms of legal acts and content generated by artificial intelligence. According to the results, deepfake can be treated as a document in substantive civil law, but in civil proceedings it constitutes a different means of evidence, which does not benefit from the presumptions provided for documentary evidence. In the authors’ opinion, EU regulations do not provide sufficient protection against its misuse in court proceedings; therefore, the proper application of the principles of free evaluation of evidence in Polish civil procedural law is key to preventing rulings based on deepfakes. Similarly, educating legal professionals on this issue will be crucial, as it will enable them to recognise the dangers and threats posed by deepfakes.

The judgment of the Provincial Administrative Court in Białystok of 30 March 2023 (II SA/Bk 75/23) is an exemplification of one of the legal loopholes that very severely affects the legal, but also life situation of doctoral students. This loophole is the lack of regulation regarding the fate of doctoral students studying at a doctoral school whose health condition has deteriorated to the extent that it does not allow them to continue their education and fulfill their obligations, or at least allow them to take leave from their studies for the period of recovery. The paper analyzes this issue, also presenting de lege ferenda demands regarding the statutory regulation of the right to leave from studies at the doctoral school.

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.

Ukraine’s customs reform introduces ambitious personnel policy tools intended to modernize public service and align it with EU standards. This paper examines how the main reform tools affect the legal system – contractual service, staff rotation, competency assessment, and certification – focusing on their design, implementation, and alignment with European practices. While these tools are presented as instruments of anti-corruption and institutional efficiency, the study reveals that unclear rules and inflexible procedures may prevent these tools from working as intended. Drawing on comparative analysis and domestic case law, the paper highlights the legal uncertainty surrounding contract terms, the lack of appeal mechanisms in assessment procedures, and the risks of excessive managerial discretion. The findings suggest that without clearer rules, predictable processes, and a stronger rights-based framework, the reform may compromise motivation, fairness, and sustainability in Ukraine’s customs administration.

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.

This paper presents a catalogue of restrictive measures adopted by the European Union against the Russian Federation in response to its aggression against Ukraine, considering the full range of sanctions available to the EU. Moreover, it paper identifies the impact of these measures on EU entities, including Member States, and on Russian citizens residing temporarily or permanently in EU countries. However, the paper does not intend to discuss all the specifics of the individual sanction packages introduced by the EU in detail.

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.

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.

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. 

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.

We are aware of the impacts faced by the world during the COVID-19 pandemic, and India, one of the largest populated nations, has faced many problems in handling that situation. The first lockdown was announced by the government of India through its Ministry of Home Affairs on 24 March 2020, restraining the movement of the entire nation, followed by the curfew in different phases; the situation was very pathetic handling the overcrowding in hospitals, burial of people died due to Corona, ensuring social distancing, prisoners condition during COVID-19, etc., Finally the hope of the people turned towards the Indian judiciary. The Indian judiciary has a segment of litigation style called public interest litigation (also known as social action litigation), which is witnessed as a product of its Judicial Activism. This paper will examine two facets of the problem: firstly, during the COVID-19 pandemic, did the Indian judiciary fulfil the hopes of its people? Secondly, was  there any sign of a new phase of evolution in the approach of the Indian judiciary towards social action litigation witnessed during the COVID-19 pandemic era? Furthermore, this paper highlights how the Indian judiciary emphasises its people during a pathetic situation and helps them to overcome it. Finally, the Judiciary of India has managed to accomplish the expectations of its people at a decent level through a revolution in its approach towards social action litigation, which has been analysed in this paper.

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.

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.

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.

Russian military aggression against Ukraine violates the most fundamental international agreements, while forcible transfer and deportation of Ukrainian children constitutes a form of genocide. Forcible transfer and deportation occur by force in exceptional circumstances created by the aggressor state, in which the child had no other choice than to accept the transfer, or the transfer takes place in the absence of parental consent or the parental consent is forged. This paper aims to analyse the forcible transfer of Ukrainian children in the context of the definition of the crime of genocide. Based on calculations using the STELLA model, it will prove that the forcible transfer of Ukrainian children is an attempt to erase their Ukrainian national identity.

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.