The intricacies of the terminology in the Polish legislation with regard to the types of narcotic agents and substances or states of intoxication by they
DOI:
https://doi.org/10.12775/SIT.2019.001Keywords
narcotic agents, narcotic substances, psychotropic substances, narcotic drugs, narcotic substitutes, new psychoactive substances, state under the influence of narcotic drugs, state after using narcotic drugs, state after taking narcotic drugsAbstract
In the Polish legal system condition of a man under the influence of drugs, as a rule, is not punishable by law. However, there are circumstances in which the state of human organism after their taking causes pulling people to the criminal, order, or disciplinary responsibility. The cases apply to people driving cars under the influence of drugs or intoxicated workers, which in this state of their organism do the accession to professional activities. In spite of the serious legal consequences that involve violation of the obligation to maintain sobriety, the Polish legislator has inconsistency in terminology, both in terms of the types of substances causing intoxication and states of human organism that these agents cause. The article contains the results of the research about the correctness of the terminology and the scope of the meaning of terms used by the Polish legislature to specify the prohibited substances causing states of intoxication and the designation of those states that are the result of the using of narcotic agents and substances. The summary are contain the proposals de lege ferenda and de lege lata, that can serve to improve the quality of the created legal acts in the area covered by the research.
References
Dörre-Kolasa D., in: Labor Code. Commentary, ed. A. Sobczyk, Warszawa 2018.
Florek L., in: Labor Code. Commentary, ed. L. Florek, Warszawa 2017.
Jachimowicz M., Accidents at work and occupational diseases. Insurance and civil services, Warszawa 2013.
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