władza publiczna

  • Reflections over the Legal and Constitutional Status of Transnistria

    Author: Viktoriya Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    Year of publication: 2017
    Source: Show
    Pages: 71-86
    DOI Address: https://doi.org/10.15804/ppk.2017.06.04
    PDF: ppk/40/ppk4004.pdf

    The present legal status of Transnistria neither seems to be obvious, nor distinctly determined. Its estimation in the context of the region’s statehood has been a subject of disputes of, and divides at the same time, the theorists of state, international lawyers, as well as experts in international relations and political sciences. The hereby paper is an attempt of making the analysis of the selected issues determining Transdniester’s status, first and foremost from the perspective of the theory of state and constitutional law, but also taking into account the international law point of view. It aims at finding an answer to the question on its legal and constitutional status as it is seen by both the unrecognized Transnistria’s state and Moldavia. The subject of the work contains the analysis of the elements of a state’s definition in the context of Transnistria. Moreover, it comprises considerations over the right of nations to self-determination and the problem of sovereignty as regards to the region. It also concentrates on the analysis of Transnistria’s status based on the Moldavian legislation, as well as different possibilities and opportunities/chances to solve the conflict lasting for almost thirty years.

  • Glosa do wyroku Sądu Najwyższego z 28 listopada 2019 r., sygn. akt III CSK 275/17

    Author: Joanna Zofia Jagoda
    E-mail: joanna.jagoda@us.edu.pl
    Institution: Uniwersytet Śląski w Katowicach
    ORCID: https://orcid.org/0000-0001-5740-1815
    Year of publication: 2021
    Source: Show
    Pages: 599-607
    DOI Address: https://doi.org/10.15804/ppk.2021.05.49
    PDF: ppk/63/ppk6349.pdf

    Gloss to the Decision of the Supreme Court of 28 November 2019, file reference number III CSK 275/17

    The thesis expressed in the glossed judgment that the poviat bears sole responsibility for the damage caused by the issuing of a defective administrative decision by the starost as part of the architectural and construction administration is, in principle, correct. However, this responsibility does not result – as the Court assumed in the commented judgment – from the nature of the tasks performed by the starost, but from the current legal regulations contained in the Civil Code (Art. 417 § 2). Incorrect determination of the nature of the tasks in the field of architectural and construction administration resulted in the dismissal of claims for damages against the State Treasury and local government unit despite the fact that at the time when the decision on the building permit was taken, Art. 4202 of the Civil Code, providing for joint liability of the State Treasury and of a local government unit for damages caused in the performance of government administration tasks specified by law, was in force.

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