Studia Iuridica Toruniensia
https://apcz.umk.pl/SIT
<p><em>Studia Iuridica Toruniensia</em> publishes articles, studies, commentaries, and reviews concerning the issues of the Polish, international and comparative law. The journal invites domestic and foreign Authors to publish papers on current and significant legal issues, legislative changes, as well as theoretical concepts in jurisprudence.</p> <p>Publisher: Nicolaus Copernicus University in Toruń</p> <p>ISSN online: 2391-7873</p> <p>ISSN paper version: 1689-5258</p> <p>The journal has received funding from the Ministry of Education and Science under contract no. RCN/SP/0523/2021/1 of 14 December 2022 from the support granted under the 'Development of Scientific Journals' programme.</p>Uniwersytet Mikołaja Kopenika w Toruniuen-USStudia Iuridica Toruniensia1689-5258Reviewers - No XXXII/XXXIII (2023)
https://apcz.umk.pl/SIT/article/view/49316
<p>Reviewers - No XXXII/XXXIII (2023)</p>Redakcja
Copyright (c) 2024 Redakcja
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2024-03-182024-03-18332333334Conference report “Torun Meetings with Commercial Law. Third meeting” (Nicolaus Copernicus University, Torun, March 10, 2023)
https://apcz.umk.pl/SIT/article/view/44381
<p>On March 10, 2023, the third meeting of the periodically organized National Scientific Conference “Torun Meetings with Commercial Law” was held. Its organizer was the Department of Commercial Law, Maritime Law and Civil Procedure of Nicolaus Copernicus University in Torun. The topics of the conference included the latest changes in the law of commercial companies and issues of litigation against the background of denominated loans.</p>Aleksandra Sikorska-LewandowskaMariusz Tomasz KłodaAnna Moszyńska
Copyright (c) 2023 Aleksandra Sikorska-Lewandowska, Mariusz T. Kłoda, Anna Moszyńska
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2024-03-182024-03-1833232733210.12775/SIT.2023.033Is full harmonization of laws with regard to artificial intelligence possible?
https://apcz.umk.pl/SIT/article/view/45142
<p style="font-weight: 400;">The article addresses the issue of full harmonization of laws on artificial intelligence. The need for legal regulations for artificial intelligence is not in doubt, but there are a number of questions at what level these regulations should be introduced. Creating a unified legal practice for artificial intelligence requires cooperation between state governments, technology developers, experts and lawyers. This coordination is key to creating effective legislation. The text is centered around the EU framework. Given the dynamic nature of artificial intelligence and its rapid development, legal regulations should be flexible and adaptable to ongoing changes.</p>Paulina Augustyn-Skuza
Copyright (c) 2023 Paulina Augustyn
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2024-03-182024-03-1833292410.12775/SIT.2023.019Development of safety deposit box rental contracts outside the banking sector in Polish business practice
https://apcz.umk.pl/SIT/article/view/43033
<p>The author starts from presenting the rapid development of the so-called safe-deposit box agreements outside the scope of banking transactions and points to the contract terms which regulate that sphere of the market. In the author’s opinion, these agreements are similar to those offered by banks as far as their structure is concerned. The scope of banks’ agreements is still limited, since only banks can and do offer them. In the course of further consideration, the author presents the parties to nonbanking safe-box agreements, the power of attorney granted by the tenant, and analyzes the rights and obligations of the parties to the agreement. It qualifies the agreement as a special lease agreement (Article 659 of the Civil Code). However, he does not exclude the possibility of other qualifications (e.g., as a new, original contractus innominatus). He also discusses the duration of the agreement, remuneration for the landlord, the legal consequences of the tenant’s death, the contractual liability of a non-banking entity, and its obligation to keep professional secrecy. This is the first broader elaboration concerning safe-deposit box agreements outside the scope of banking transactions in Polish literature.</p>Mirosław Bączyk
Copyright (c) 2023 Mirosław Bączyk
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2024-03-182024-03-18332255810.12775/SIT.2023.020Notification to the taxpayer of the suspension of the limitation period as a result of the commencement of fiscal criminal proceedings in the light of performative theory
https://apcz.umk.pl/SIT/article/view/44638
<p>According to Art. 70 § 6 point 1 of the Act of August 29, 1997, the Tax Ordinance, the limitation period for a tax liability does not start, and a started one is suspended on the date of initiation of proceedings in matters of a revenue offence or a revenue petty offence of which the taxpayer has been notified, provided that the suspicion of the offence or petty offence is linked with the non-performance of the obligation. On the other hand, the issue of notifying the taxpayer referred to in that provision has been regulated in Art. 70c of this act. This provision provides that the tax authority competent for the tax obligation, of which the failure to fulfill results in a suspicion of committing a fiscal offence or a fiscal petty offence, shall notify the taxpayer that the period of limitation of the tax obligation has not begun to run or has been suspended and of the fact that the period of limitation will begin to run or will continue to run after the lapse of the suspension period.</p> <p>The subject of the article is the analysis of the latter provision. The authors attempt to determine which authority and how should notify the taxpayer of the non-start or suspension of the limitation period. At the same time, in the process of analysis, an attempt was made to use the theory of performatives. It turned out that the application of this theory to the analysis of the notification of the suspension of the limitation significantly supported the process of interpreting the provision of Art. 70c of the Tax Ordinance Act. It made it easier to select all those elements that are important for determining whether the conventional act, which is the notification of the taxpayer, was made fortuitously, and thus whether it had effects in law. In the light of Art. 70c of the Tax Ordinance, these elements include:</p> <ol> <li>a precondition, which is the initiation of penal proceedings, the purpose of which is to determine whether a fiscal offence or a fiscal petty offence has been committed and not to suspend the running of the limitation period;</li> <li>notification by the authority competent to collect the tax of the suspension of the limitation period;</li> <li>including in the notification information that the limitation period has been suspended as a result of the initiation of penal proceedings;</li> <li>preparation of the notification in writing, and then delivery of the letter to the taxpayer in accordance with the rules set out in art. 144 et seq. Tax Ordinance Act;</li> <li>delivery of the notification to the taxpayer no later than 5 years from the end of the tax year in which the tax payment deadline expired;</li> <li>directing the notification directly to the taxpayer.</li> </ol> <p>Failure to meet any of these conditions means that the notification act has no effect in the form of a suspension of the limitation period.</p>Bogumił BrzezińskiMarek Kalinowski
Copyright (c) 2023 Bogumił Brzeziński, Marek Kalinowski
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2024-03-182024-03-18332598210.12775/SIT.2023.021The Gendarmerie in the Grand Duchy of Baden in the Years 1829–1848
https://apcz.umk.pl/SIT/article/view/44522
<p>Gendarmerie was a police force for the protection of public order and law enforcement, which was established for the first time in Western Europe in the early nineteenth century. Gendarmerie units were formed following the French model, especially in South-German states. The formation, development and problems related to the establishment of gendarmerie forces can be well illustrated by the example of the Grand Duchy of Baden – a borderland country situated between the Rhine, the mountains of the Black Forest, and German and Swiss territories.</p>Karol Dąbrowski
Copyright (c) 2023 Karol Dąbrowski
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2024-03-182024-03-183328310410.12775/SIT.2023.022Nicolaus Copernicus in the service of law and politics
https://apcz.umk.pl/SIT/article/view/44967
<p>The article presents the activity of Nicolaus Copernicus, in which he applied his highest formal education, which he obtained through legal studies in Italy, crowned by a doctoral degree from the University of Ferrara. His legal education was of considerable assistance to him in a number of responsible positions at the Warmian Chapter, placing him in a position of authority in handling disputes and supervising legal actions on behalf of the Warmian Bishopric. He found it possible to combine these activities with his greatest passion – astronomy, on which he focused with increasing interest over time.</p>Zbigniew Filipiak
Copyright (c) 2023 Zbigniew Filipiak
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2024-03-182024-03-1833210512610.12775/SIT.2023.023Counteracting mobbing in educational institutions – selected legal aspects
https://apcz.umk.pl/SIT/article/view/43906
<p>In this text, an attempt is made to characterize the phenomenon of mobbing, taking into account the specific conditions of the functioning of the workplace, which is an educational institution, the duties of the director in the sphere of counteracting were established, and then a list and characteristics of the means that the director as a managing entity has at his disposal as part of the employee and administrative paths of employee protection against mobbing were described. The work is of a review nature. Dogmatic and legal methods were also used, considering the jurisprudence of labor courts concerning proceedings in mobbing cases and the literature of the legal sciences.</p>Katarzyna Jadach
Copyright (c) 2023 Katarzyna Jadach
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2024-03-182024-03-1833212715010.12775/SIT.2023.024The effects of an incorrect assessment of a matriculation exam on college admission procedures in Poland
https://apcz.umk.pl/SIT/article/view/42900
<p>For almost two decades, the current state of the law relative to undergraduate and graduate program admissions in Poland has been based on the results of the matriculation exam. Matriculation exam results are often the only criterion which determines the applicant selection process. However, the timeline of matriculation exams and admission procedures has revealed potential procedural obstacles for candidates whose results are determined anew after an official announcement has been made, due to mistakes made by examiners which are revealed many weeks after graduation. The fact that changes in exam scores may occur only after an admission process has already been concluded potentially impacts not only the prospective candidate whose exam has been assessed incorrectly, but potentially also to other applicants who took part in the same recruitment procedure. The paper discusses how an incorrect assessment of a matriculation exam impacts the legal status of a prospective college candidate in the context of graduate and undergraduate admission procedures in Poland.</p>Łukasz Kierznowski
Copyright (c) 2023 Łukasz Kierznowski
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2024-03-182024-03-1833215117010.12775/SIT.2023.025Comments on the issue of administrative control over the sale of alcoholic beverages via the Internet with reference to the judgment of the Supreme Administrative Court of September 8, 2022, II GSK 2034/18
https://apcz.umk.pl/SIT/article/view/43953
<p>The subject of analysis in this article is the question of permissibility limits for retail sales of alcoholic beverages via the Internet in light of the regulatory model of distribution of alcoholic beverages under Polish law. The scope of conducting business in this area has long been a major issue of disputes between entrepreneurs and public administration bodies. This is because the regulation of the Act on Upbringing in Sobriety and Counteracting Alcoholism leaves in this regard a number of doubts regarding the permissible model of providing this type of service. In turn, the needs of business practice are so substantial that it yields a number of solutions in this area, which, however, are questioned by public administration bodies and part of the judicature of administrative courts. One of the recent rulings of the Supreme Administrative Court, dated September 8, 2022, is an example of the resolution of the dispute on the subject.</p>Krzysztof Kucharski
Copyright (c) 2023 Krzysztof Kucharski
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2024-03-182024-03-1833217119010.12775/SIT.2023.026The model of social employment and the protection of the rights of participants of a social integration center
https://apcz.umk.pl/SIT/article/view/44716
<p>The article deals with the issue of the model of social employment currently adopted by the legislator under the Act of 13 June 2003 on social employment. Threads of legal measures to protect the interests of candidates for participants of classes at the Social Integration Centre as well as the participants themselves were discussed. Attention was also devoted to the Individual Program of Social Employment, the essence of which was presented against the background of the institution of an administrative contract.</p>Tomasz Kuczyński
Copyright (c) 2023 Tomasz Kuczyński
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2024-03-182024-03-1833219121410.12775/SIT.2023.027In search of the Soviet prototype of the 10th Department of MPS (Ministry of Public Security)
https://apcz.umk.pl/SIT/article/view/43298
<p>In 1948, Poland was considered a political purge. This happened at the command of Stalin from Moscow also in other satellite states of the Union of Soviet Socialist Republics. In Poland, the purge was led by the leader of the communist party, i.e. the First Secretary of the Central Committee of the Polish United Workers’ Party – Władysław Gomułka, and his coworkers. A special team was appointed to carry out the purge of the MPS. This team soon became the 10<sup>th</sup> Department of the MPS. It was the 10<sup>th</sup> Department which kept the high-ranking communists under surveillance and made their arrests. Finally, the officers of the 10<sup>th</sup> Department were conducting the proceedings and, in practice, they decided on the verdicts. The author posed a scientific problem: was the Polish structure – the 10<sup>th</sup> Department of MPS – following the Soviet one? The author traced the structures of the authorities of the Union of Soviet Socialist Republics in the period from 1934 to 1953. For this purpose, the author included in his research the memories of one of the commanders of the Soviet security services – Pavel Sudoplatov, as well as the son of Lavrentiy Beria, the head of the Soviet security service for 15 years (1938–1953) and the second most important person after Stalin. The author used in his research the diaries of the NKVD general Ivan Sierov, who, on Stalin’s orders in 1944–1945, organized a special brutal pacification of Poland and organized the Polish MPS. The final conclusion is that in the USSR, there was no such structure as there was after 1948 in Poland.</p>Adam Lityński
Copyright (c) 2023 Adam Lityński
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2024-03-182024-03-1833221523210.12775/SIT.2023.028Evolution of the legal regulation regarding administrative enforcement proceedings in Poland
https://apcz.umk.pl/SIT/article/view/45604
<p>The subject of the article is the evolution of the legal regulation of administrative enforcement proceedings. The study discusses the various stages of the development of this regulation, thanks to which it was possible to show the process of shaping the currently functioning institutions of this procedure and to formulate de lege lata and de lege ferenda conclusions.</p>Marian Masternak
Copyright (c) 2023 Marian Masternak
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2024-03-182024-03-1833223326010.12775/SIT.2023.029Expansion of collective labour law into non-employee employment relationships
https://apcz.umk.pl/SIT/article/view/45344
<p>A few years ago, there was a significant expansion of collective labour law into non-employee employment relationships insofar as it concerns the right of trade union coalition. For many representatives of labour law doctrine, the mere extension of the subjective scope of the right of coalition authorises the assumption that there has been a change in the nature of collective labour law and that, consequently, we are currently dealing with collective employment law. This paper takes up a polemic against this position – arguments are cited in favour of the still employee- oriented character of collective labour law and justifying the law still being referred to as collective labour law rather than collective employment law.</p>Jan PiątkowskiBeata Rutkowska
Copyright (c) 2023 Beata Rutkowska, Jan Piątkowski
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2024-03-182024-03-1833226128010.12775/SIT.2023.030Relationship between intellectual property law and the art of tattooing
https://apcz.umk.pl/SIT/article/view/41799
<p>Tattoos are getting more and more popular year by year. Additionally, society seems to be more willing to accept them. At the same time, due to their permanent nature and specific “carrier” of the tattoo, that is, the human body, this area of art (and way of running a business) is connected with a multitude of legal doubts, especially in the area of intellectual property law. This article is meant to focus on the relationship between tattoos and copyright and industrial property rights, mainly with regard to trademarks. Moreover, some remarks shall be made on the topic of combating unfair competition. Conclusions will be directly connected with practical aspects of creating tattoos and the functioning of businesses in the tattoo industry.</p>Mikołaj Reszkowski
Copyright (c) 2023 Mikołaj Reszkowski
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2024-03-182024-03-1833228130210.12775/SIT.2023.031Collective patients’ rights in Polish law. Selected problems
https://apcz.umk.pl/SIT/article/view/42830
<p>The subject of the analysis in this publication is the problem of patients’ collective rights. In an attempt to find an answer to the questions concerning the essence of these rights and the relation between legal protection against violations of these rights and the protection against violations of individual rights of patients, the analysis covers the legal solutions in the field of patients’ rights in force in Poland, as well as the related literature and administrative court decisions. In this way, it was established that Polish legislation recognises the collective rights of patients understood as the rights of actual and potential patients treated as a collective, i.e. a group that deserves special protection, and establishes an additional method of their protection by way of administration, in which the object of protection is a collective interest (proceedings on practices violating collective patients’ rights before the Patient’s Rights Ombudsman), while some legislation recognises the right to collective patient involvement.</p>Dominika Tykwińska-Rutkowska
Copyright (c) 2023 Dominika Tykwińska-Rutkowska
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2024-03-182024-03-1833230332410.12775/SIT.2023.032