Numer 19 (4/2017)
Redaktorzy: Agata Cebera, Jakub Firlus, Dominik Horodyski, Khrystyna Potapenko, Aleksander Wróbel


Spis treści
Strony
Pobrań
Volodymyr Pospolitak,
Kateryna Yashchenko
Resolution of Investment Disputes under the TTIP with Regard to the Principles of Independence, Impartiality, and Qualifications of the Court and its Judges
DOI: 10.26361/ZNTDSP.08.2017.19.01
7 – 26
PDF (27)

Słowa kluczowe

resolution of investment disputes, Investor-to-State Dispute Settlement, Investor Court System, TTIP

Streszczenie

The article provides for the judicial analysis of how a typical ISDS mechanism, as well as the ICS under the draft texts of TTIP, complies with all the provisions of the principles of independence, impartiality and qualification of the court and its judges, established under ALI/UNIDROIT Principles of Transnational Civil Procedure, which were adopted by the American Law Institute (ALI) in May 2004 and by the International Institute for the Unification of Private Law (UNIDROIT) in April 2004. These are the following provisions: judicial independence, impartiality of the court and its judges, reasonable tenure in office, transparency, substantial legal knowledge and experience.

Afiliacja

1 National University of Kyiv-Mohyla Academy / Humanitarian Development Chair
2 National University of Kyiv-Mohyla Academy
Taras Leshkovych
Untying Gordian Knot: Projects to Reform the UN Security Council
DOI: 10.26361/ZNTDSP.08.2017.19.02
27 – 42
PDF (14)

Słowa kluczowe

United Nations, Security Council, veto right, state, permanent members

Streszczenie

The article focuses on the very topical, and hotly debated in the last three decades, issue of the United Nations Security Council reform. The author briefly describes the historical roots of the Security Council, its establishment in 1945 and the enlargement that took place in 1965. The second part of the paper outlines the systemic flaws of the current composition of the Council and presents the existing projects of its reform proposed by the UN bodies or groups of states. The final part provides the ranking of current members of, and aspiring candidates to, the Security Council. The author describes the methodology used for this ranking and its utility for better understanding of the complexity of the problem.

Afiliacja

Uniwersytet Jagielloński w Krakowie / Wydział Prawa i Administracji
Dávid Tóth
The Regulation of Counterfeiting Money in the German Criminal Code
DOI: 10.26361/ZNTDSP.08.2017.19.03
43 – 62
PDF (13)

Słowa kluczowe

counterfeiting money, Germany, Criminal Code

Streszczenie

The crime of counterfeiting is probably as old as the use of money. The right to coinage and to issue money has always belonged to the privileges of the monarch and the state. Its risky nature lies in the fact that it affects the trust and confidence towards state-issued money. Franz von Liszt stated that counterfeiting is a mixed crime which breaches two legal objects: on one hand the individuals’ interest of property, and on the other hand it attacks the security of cash-flow. The purpose of this paper is to compare the statutory provisions of the Hungarian and German Criminal Code, the legal practice, and criminal statistics of both countries. With the comparative law approach, we can learn from the German criminal legal system and give proposals for the Hungarian regulation and court practice. The first part of the study deals with a brief legal history of counterfeiting money. The second and main part of the study analyzes the in-force regulations of the German Criminal Code regarding counterfeiting money. The contribution has a comparative law approach. The third and last part of the study deals with the criminal statistics and the conclusions.

Afiliacja

University of Pécs, Hungary / Faculty of Law
Dominik Horodyski,
Maria Kierska
Third Party Funding in International Arbitration – Legal Problems and Global Trends with a Focus on Disclosure Requirement
DOI: 10.26361/ZNTDSP.08.2017.19.04
63 – 80
PDF (30)

Słowa kluczowe

Third Party Funding, TPF, international arbitration, investment arbitration, transparency, disclosure

Streszczenie

This article deals with the problem of third party funding in international commercial and investment arbitration. It analyses the basic concept of third party funding, identifies the main areas of challenge as well as presents recent changes and innovations associated with this concept. The article concentrates on transparency and disclosure requirements, which is, according to us, the major issue that influences further development and use of funding arrangements. The conducted analysis and case study drive us to the conclusion that third party funding is “here to stay” in international arbitration and will progress to the benefit of the arbitral community, but upon a condition of regulated, imposed and observed principle of disclosure.

Afiliacja

1 Uniwersytet Jagielloński w Krakowie / Wydział Prawa i Administracji
Emese Pál
Hungary Is Campaigning: Main Issues of the New Electoral Campaign Legislation
DOI: 10.26361/ZNTDSP.08.2017.19.05
81 – 99
PDF (12)

Słowa kluczowe

electoral campaign, electoral procedure, Hungary, media campaign, campaign finance

Streszczenie

A number of recent amendments explain the actuality of the topic, since on 26th November 2012 the National Assembly adopted Act XXXVI of 2013 on Electoral Procedure (hereinafter: Electoral Procedure Act), which introduced radical changes in the electoral campaign legislation in Hungary. According to the Act, “campaign methods shall include all methods capable of influencing or used in an attempt to influence voters’ choices.”1 The most used campaign methods are regulated with more details: posters, direct contact by the nominating organization or the candidate, political advertisements, election rallies. Thus this essay deals with the legal notion of electoral procedure, electoral campaign and the campaign finance.

Afiliacja

University of Pécs, Hungary / Faculty of Law
Maciej Ireneusz Andrzejewski
The Historical Perspective of the Relations Between the Constitutional Court and the Supreme Court
DOI: 10.26361/ZNTDSP.08.2017.19.06
101 – 109
PDF (14)

Słowa kluczowe

Constitutional Court, Supreme Court, interpretation rulings, Constitution

Streszczenie

This article is about the problem of the jurisdictional dispute between the Constitutional Court and the Supreme Court. It shows the origin of the historical perspective of the dispute, analyzing the mutual relations between both judicial authorities since the moment when the Constitutional Court was created and its course after the Constitution of 1997 came into force. Possible solutions to the conflict between the two entities of highest judicial authority on a normative level were mentioned, in particular through an amendment to the Constitution.

Afiliacja

Uniwersytet Jagielloński w Krakowie / Wydział Prawa i Administracji
Joanna Ptak
Social Network Analysis, Crime Prevention and Human Rights
DOI: 10.26361/ZNTDSP.08.2017.19.07
111 – 122
PDF (9)

Słowa kluczowe

social network analysis, SNA, human rights, law enforcement, crime prevention, precrime

Streszczenie

Use of Social Network Analysis (hereinafter as SNA) in crime prevention and law enforcement is widely discussed from either practical or theoretical point of view. Although its advantages are commonly acknowledged, incorporation of SNA into strategies of combating crime raises various controversies. The main aim of this paper is to present risks connected with application of SNA in practice, as a part of policing, from the point of view of the human rights system. The assumption is that all of legal responses to violence have to be in accordance with the human rights law requirements. As this subject matter is exceptionally complex, two main aspects of this issue have been chosen on the base of their significance – risk of infringement of the right to privacy and of politicization of the use of SNA, especially in the context of so-called “suspect communities.” The possibility of indication of prompt solutions to presented matters has been discussed. As such, this paper is an introduction to presented subject area and provides a basis for further research.

Afiliacja

Uniwersytet Jagielloński w Krakowie / Wydział Prawa i Administracji
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