DSpace Kolekcja:http://hdl.handle.net/11320/70062024-03-28T21:24:40Z2024-03-28T21:24:40ZHarald Lemke-Küch, Der laienrichter – überlebtes Symbol oder Garabt der Wahrheitsfi ndung? Eine rechtsgeschistliche Untersuchung über das “moderne” Volksgericht in Deutschland seit Beginn des 19. Jahrhuderts Peter Lang GmbH, Frankfurt am Main 2014 (pp. 241)Kulesza, Cezaryhttp://hdl.handle.net/11320/70742018-10-05T10:48:49Z2016-01-01T00:00:00ZTytuł: Harald Lemke-Küch, Der laienrichter – überlebtes Symbol oder Garabt der Wahrheitsfi ndung? Eine rechtsgeschistliche Untersuchung über das “moderne” Volksgericht in Deutschland seit Beginn des 19. Jahrhuderts Peter Lang GmbH, Frankfurt am Main 2014 (pp. 241)
Autorzy: Kulesza, Cezary
Opis: Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.2016-01-01T00:00:00ZCommentary on the Judgment of the Supreme Court of 18 March 2015 (Ref. No. II KK 318/14)Sakowicz, Andrzejhttp://hdl.handle.net/11320/70732018-10-05T10:45:04Z2016-01-01T00:00:00ZTytuł: Commentary on the Judgment of the Supreme Court of 18 March 2015 (Ref. No. II KK 318/14)
Autorzy: Sakowicz, Andrzej
Opis: Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.2016-01-01T00:00:00ZMediation Procedure in Labour Law DisputesSierocka, Iwonahttp://hdl.handle.net/11320/70722018-10-05T10:40:38Z2016-01-01T00:00:00ZTytuł: Mediation Procedure in Labour Law Disputes
Autorzy: Sierocka, Iwona
Abstrakt: The subject matter of the dissertation embraces issues concerning mediation in labour law disputes. The article is focused on the amendments which were enacted into the Civil Procedure Code on 1 January 2016. They should contribute to an increase in significance and popularity of mediation, which is alternative to judicial procedures and relatively inexpensive. As previously, mediation may be conducted under an agreement between the parties (employee and employer) and the mediator or the decision of the court. At present the court may refer the parties to mediation at every stage of judicial procedures and it can proceed in that way many times. Moreover, before the first trial the court may oblige the parties to take part in an information meeting concerning mediation. The aim of the meeting is to impel the parties to reach agreement. In spite of the fact that mediation, as before, is voluntary, the legislator has enhanced instruments which are supposed to restrain the parties from an unjustified refusal to participate in mediation proceedings. According to the Civil Procedure Code, the party may be charged for legal expenses.
Opis: Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.2016-01-01T00:00:00ZThe Effectiveness of Victim-Offender Mediation in Criminal Proceedings Carried Out in 2011-2014 in the District Court of Białystok in the Light of Files ResearchKużelewski, Dariuszhttp://hdl.handle.net/11320/70692018-10-05T10:22:55Z2016-01-01T00:00:00ZTytuł: The Effectiveness of Victim-Offender Mediation in Criminal Proceedings Carried Out in 2011-2014 in the District Court of Białystok in the Light of Files Research
Autorzy: Kużelewski, Dariusz
Abstrakt: This article is based on the results of scientific research conducted within the project “The pilot implementation of the Community Court model in Poland as an institutional bridge between the judiciary, local government authorities and social organizations to facilitate the implementation of restorative justice in practice”. The project was funded by the National Centre for Research and Development under the programme “Social Innovations” according to the agreement No. /IS-1/039/ NCBR/2014. Within the project, fifty court cases, which had been previously referred to victim-offender mediation, were examined. All of them were conducted before the Third Criminal Division of the District Court in Białystok in 2011-2014 (first half). The decisive criterion was the date of the court’s decision to refer the case to victim-offender mediation. Th e ratio of settlements concluded in the course of victim-offender mediation in criminal cases conducted before the District Court of Białystok is about 10-30% lower in comparison to the national average in each of the studied years. The types of crime which are most frequently referred to mediation proceedings in the District Court of Białystok and in other Polish courts do not diff er. Th e crimes against life and health, honour and personal inviolability, the family and guardianship, property as well as against freedom are the most common. Th e motions for victim-offender mediation are usually filed by the counsels for the defence and by the accused themselves, and subsequently the court. The best results in mediation settlements are reached in the cases of a joint initiative of the parties. In cases in which the settlement was concluded, the court most frequently applied a conditional discontinuance of proceedings or imprisonment with conditional suspension of its execution. Th e failure of mediation resulted mainly from the lack of agreement by the parties, and subsequently from the absence or refusal to participate in mediation by the accused or the victims. Mediation completed with a settlement effectively prevents from lodging an appeal against the sentence of the first instance court. Th e appeal was lodged only in 12.5% of such cases.
Opis: Creation of the English-language versions of the articles published in the „Białostockie Studia Prawnicze” [Białystok Legal Studies] funded under the contract no. 548/P-DUN/2016 and 548/1/P-DUN/2016 from resources of the Minister of Science and Higher Education dedicated to the popularisation of science.2016-01-01T00:00:00Z