The Constitution of the Republic of Poland guarantees civil rights and legitimizes state powers to protect the same. Consequently, the state has the authority to interfere in the personal sphere of its citizens based on the rights specifi ed in the regulations. This responsibility is closely tied to its role in ensuring social, economic, and political security. To properly execute this goal, specifi c institutions have been established and granted certain rights and actions. One of these institutions is the Police, which has been authorized to use direct coercive measures to maintain public safety and order. The aim of the research is to describe how police offi cers use direct coercive measures and to identify any consequences they face in connection with their direct application. The following question was adopted as the research problem: How do police offi cers perceive the use of direct coercive measures in the context of increased social control of their use? To achieve the research aim and solve the research problem, various theoretical research methods were applied, including document analysis, analysis of legal acts, abstracting, synthesis, comparison, inference, and an empirical method, specifi cally, a diagnostic survey using an online survey questionnaire.

13 Mar 2024·Kwartalnik Prawa Międzynarodowego

REALIZATION OF THE RIGHT TO ENSURE A HIGH LEVEL OF CONSUMER PROTECTION IN THE EUROPEAN UNION

Author: Prokop, Krzysztof

The subject of the article is the realization of the right to ensure a high level of consumer protection in the European Union. The basis for constructing this law is Art. 38 of the Charter of Fundamental Rights of the European Union, the provisions of the Treaty on the Functioning of the European Union and EU directives defining the subject of consumer law. The article discusses the normative basis for the protection of consumer rights in European Union law. Selected standards of consumer rights protection in the case law of the Court of Justice of the European Union were discussed, too. The article also discusses the role of European Union consumer law in realization of the right to consumer protection in the Republic of Poland. According to the author Art. 76 of the Constitution of the Republic of Poland does not provide grounds for constructing a subjective right to ensure a high level of consumer protection. Therefore, the provisions of European Union law and the case law of the Court of Justice of the European Union are of key importance.

30 Nov 2023·Probacja

Forfission of an enterprise and the burd of proof in criminal process

Author: Jurgilewicz, Marcin ; Dana, Andrzej

The subject of the analysis in the article is the institution of enterprise forfeiture (Article 44a of the Act of June 6, 1997, Penal Code), which is the state's criminal law response to the crime committed by the perpetrator. The normative structure of the title institution expresses the presumption that through the enterprise, the perpetrator obtained, even indirectly, a financial benefit of significant value. In turn, in the context of criminal proceedings, this institution introduces an exception in the method of proof, which is based on the rule of onus probandi (burden of proof). The legal exegesis on the forfeiture of an enterprise carried out in the study indicates that this institution is a breach in the process of proof based on the onus probandi rule in favor of the presumption that the enterprise and its components are the result of a crime and illegal benefits that the perpetrator obtained by committing a prohibited act. Therefore, the study posed a research question about the shape of the proof process based on the norm of Art. 44a of the Penal Code.

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