ORBELIANI LAW REVIEW

Permissibility of Shooting Down a Civilian Aircraft Used as a Weapon to Perform a Terrorist Aerial Attack within the Jurisprudence of the Polish Constitutional Tribunal

Jakub Stelina — Fri, 29 Mar 2024 00:00:00 +0000

Following an increasing global terrorist threat in the beginning of 2000s, in 2004 a provision was added to the Polish law which allowed to shoot down a civilian aircraft with passengers and crew on board if being used for illegal activities, namely for carrying out a terrorist attack from the air (an aircraft of a RENEGADE status). In 2007 the Constitutional Tribunal was requested
to rule the provision unconstitutional for being inconsistent among others with the principles of correct (decent) legislation, legal protection of human life and protection of human dignity. In its judgment dated September 30, 2008, the Constitutional Tribunal declared that the provision authorizing shooting down a civilian airliner was inconsistent with the Constitution. Thus, it annulled the binding force of the provision. The Tribunal recognized human life and dignity as the values constituting the foundation of European
civilization and determining the semantic content of the central concept of humanism in our culture (law being no exclusion)

Denial of Russia’s Sovereign Immunity in Tort Claims by IDPs in National Courts of Georgian

Ilia Pataraia — Fri, 29 Mar 2024 00:00:00 +0000

The occupation of the Abkhazia and Tskhinvali regions by the Russian Federation in 1992-1993 was followed by a complete occupation of 20% of Georgia as a result of the 2008 Russia-Georgia war, when the Russian Federation committed egregious crimes, the genocide of the Georgian people and destruction of their property. By the international community it was recognized as one of the most malicious human rights violations resulting in 300,000 internally displaced persons continuously suffering from material and moral damage due to the ongoing occupation. They are in need of a full and fair restoration of their rights. Therefore, according to international and national law standards, they may be entitled to demand compensation from the Russian Federation for the damages caused by illegal actions in Georgian courts, especially in the conditions when Russia has been expelled from the Council of Europe since March 2022. The European Court of Human Rights (ECtHR) no longer has jurisdiction over new disputes with this country’s involvement since September 17, 2022. Therefore, it will not hear such cases as the only means of compensating the
IDPs being lodging with national courts. This research uses a comparative analysis method. The judicial topic is scrutinized by examining decisions of international and foreign courts about the identified problem. The study encompasses an in-depth review
of articles focused on this subject, including an exploration of divergent opinions provided in each source.Furthermore, the author presents a perspective on resolving the issue, offering a synthesized viewpoint that enriches the ongoing discourse.

Natural Beauty Protection as an Aesthetic Value under International Environmental Law

Nana Aghlemashvili — Fri, 29 Mar 2024 00:00:00 +0000

There is a huge realm of environmental law, with more than five hundred multilateral agreements regulating environmental sub-regimes. The complexity of this field of law is compounded by diverse environmental values requiring strong legal protection from human impairment. One of such values is the aesthetic value (natural beauty) of the environment. As it is claimed in the present article, value has quite a strong influence on the well-being of human beings, and thus their penchant for natural beauty is intrinsic. Therefore, it is of great importance to ascertain what legal approach, if any, exists at the international level to legally protect natural
beauty as an aesthetic value.

Legal Nature of Appeals in Polish Civil Proceedings

Tomasz Szanciło — Fri, 29 Mar 2024 00:00:00 +0000

The analysis of the characteristic features of appeals in civil proceedings in Poland gives a way to the conclusion that the system of these measures is extensive. The proper regulation of legal remedies system is important to preserve the right to a court. This is determined by the characteristics of these remedies. The article discusses the most important features, thus, it can be concluded that inadequate regulation of legal remedies mostly concerns the decisions, as the legislator introduced a horizontal complaint (at the expense of the horizontal complaint) too broadly. In certain respects, this standardisation violates the principle of instantiation, which should be the rule

Legislative Function of the Second Chamber of Parliament of Poland Against the Background of the Solutions of Czech Republic and Romania: de lege lata v. de lege ferenda

Magdalena Maksymiuk — Fri, 29 Mar 2024 00:00:00 +0000

The power of a particular parliamentary chamber is determined by its competences, with law-making being most important. In Poland, the adoption of a bicameral solution was not without controversy. There are many theses in the doctrine that puts into question the adopted order, proposing an attempt to remodel the system. The present study represents an attempt to compare the legislative function of the Senate of Poland, Czech Republic and Romania. The research hypothesis is that the Polish second chamber’s competences are most limited in this respect. The choice of these countries is led by their geographical proximity – they
are located in Central and Eastern Europe and share a common history. Besides, they also have similar cultural links often. These countries also have bicameral parliaments being uncommon in the region. It is worth noting that these countries had the second chambers of the parliament in their current form since 1990s.

Justice Dilemmas in Law – the Law Justice Meta-Principle Under the Example of the Polish Administrative Process

Artur Kokoszkiewicz — Fri, 29 Mar 2024 00:00:00 +0000

The article given below concerns a titular problem of justice in law. As a special exemplification of this problem, the example of the Polish administrative process is taken. It poses a location question of the justice meta-principle in it. Considerations on this topic are universal, affecting multiple normative systems. In each of them the said justice was and is discussed. The term “justice” accompanied normative systems since ancient times. Even in the Old Testament we read about acting righteously and justly. Currently, as well, if only by the example of the EU’s Fair Transition Mechanism, discussions on this topic are alive and present. Thus, one can risk saying that justice is still relevant and remains “on the lips” of lawyers, but also politicians, philosophers, theologians or people not at all concerned with science, who may have a conviction that something for them is just or not. This raises the
legitimate question of whether one of the guiding principles and therefore a kind of meta-principle of law, can become a justice principle? The author attempts to answer a number of questions below.

Tax Evidence Proceedings in Polish Tax Law – General Characteristics

Paulina Brejdak — Fri, 29 Mar 2024 00:00:00 +0000

Along with the evidence, evidence proceedings represent a key element of tax proceedings regulated by the Tax Ordinance Act (TOA) of August 29, 1997. It seems to be most essential stage due to its expediency and legitimacy. Therefore, it is important to be aware when all legally available methods to provide evidence get exhausted. Due to an open evidence catalogue it is possible to make findings in any legally permissible mode. Besides, evidence in tax proceedings has equal evidentiary value and
should not be prioritized. Activities like obtaining, gathering or evaluating the evidence collected through a case must meet all the
requirements of the law. Therefore, the tax administration authority, a party and other entities involved in the proceedings are obliged to perform the statutorily indicated activities and duties to comply with the general principles of tax proceedings, as they constitute a model of proper procedures.

Polish Fiscal Criminal Law, Legislative Tradition and Special Features

Igor Zgolinski — Fri, 29 Mar 2024 00:00:00 +0000

The article refers to the essence and specific characteristics of the Polish Fiscal Penal Code. Polish legislative traditions in this area have been taken as a starting point. The philosophy guiding the fiscal criminal law, including the system of penal sanctions and measures, with the adopted regression of punishment, is extensively analysed. The article discusses the structure of this code, leading characteristics of the substantive, procedural and executive provisions contained therein, and several legal institutions specific to this code that are not found in common criminal law.