http://hdl.handle.net/11320/95 2026-07-05T04:39:04Z http://hdl.handle.net/11320/20631 Tytuł: Historia prawa radzieckiego 1917-1991. Krótki kurs Autorzy: Lityński, Adam Abstrakt: The Bolshevik authorities rejected old Russian law totally and decided to make new laws. They were based on "revolutionary consciousness" and on "revolutionary conscience". In 1917 the main, leading idea of new laws was that there is no need to stabilize new laws, because it should be developed in a very dynamie way. According to these views new laws should be made by decrees and by judges with their "revolutionary consciousness". Lenin had a big contempt for law, legal nihilism was one of the most characteristic features of his views. He especially had a contempt for "bourgeois" idea of independence of the judiciary and for justice. Soviet power was controlling all aspects of life, a single man was only an object of this power. Main goal of the dictatorship of Communist party (so called dictatorship of the proletariat) was to destroy everything which, only potentially, could oppose new authorities. Private property was eliminated. At first inheritance law was also eliminated. In this way people were expropriated even for futureę. The decrees from 1917 and the Family Code from 1918 stated secular model of marriage and marital law. Voluntary character of marriage was strongly stressed (they claimed that this is the different from "bourgeois" law) and divorces were very easy to obtain. Legal nihilism, understanding law as a tool in fight against enemies - these elements had big influence on the directions development of Soviet law. Opis: Są to zagadnienia wybrane dla celów dydaktycznych. Pierwsza, o połowę krótsza, wersja tego wykładu pt. Prawo Rosji i ZSRR 1917-1991. Szkic dla celów dydaktyki ukazała się w Miscellanea luridica, t. 5, Śląskie Wydawnictwa Naukowe - Wyższa Szkoła Zarządzania i Nauk Społecznych, Tychy 2004. 2005-01-01T00:00:00Z http://hdl.handle.net/11320/20630 Tytuł: Prawo karne stanu wojennego Autorzy: Melezini, Mirosława Abstrakt: This paper is an attempt of the analysis of changes in penal law during martial law in Poland in 1981-1982. It shows penal law as a useful tool, which was used by the Communist government to achieve political goals. This law was concentrated on the persecution of political rivals and on frightening of Polish society, deprived of basic Citizen's rights. There are legal acts concerning martial law described in it. They are compared with the earlier legal regulations, so thatto demonstrate the most characteristic features of martial law legislation. They include: penalization of new types of "crimes", which were not punished earlier (such as trade unions activity, organizing a strike or other protest action), new, very drastic penalties (15 years of imprisonment, 25 years and even death penalty - in 86 types of crimes). There were important changes in penal procedure, too. One - instance procedure was implemented, it was special shortened proceedings (three different types), not existing earlier. Military courts covered by their competence new types of crime, common courts of law were marginalized. We should also mention an administrative way of penal prosecution - internment, which was used as a substitute of penal repression. You can also find some statistic data about martial law in this paper. 2005-01-01T00:00:00Z http://hdl.handle.net/11320/20624 Tytuł: Prokuratura Polski Ludowej na tle założeń prokuratury typu socjalistycznego Autorzy: Łysko, Marcin Abstrakt: Public prosecutor's office, based on Soviet patterns, was established in Poland in 1950. It was constructed as an institution responsible for prosecutions of crimes and for accusing in courts. However, there was another function, so called generall supervision. The essence of this function was to control legal action of local administration and to control citizens' behavior from the legal perspective. The structure of this office was based on Lenin's idea of independence from regional authorities. It was subordinated to so called State Council, so it was independent also from central government. In 1956, during post-Stalin changes in political life in Soviet block countries, some lawyers suggested that the prosecutor's office should be subordinated to the Ministry of Justice. This idea was rejected, because it wasn't used in Soviet block countries. Communist model of public prosecutor's office existed till 1989, when it was replaced by new laws. 2005-01-01T00:00:00Z http://hdl.handle.net/11320/20623 Tytuł: Stosunki prawne z pokrewieństwa w pracach nad unifikacją prawa cywilnego w latach 1945-1946 Autorzy: Fiedorczyk, Piotr Abstrakt: The decree from January 22ⁿᵈ 1946 called Family Law unified laws concerning legal relations between parents and children and the institution of adoption in Poland. Works on unification of this branch of law were started by the Codification Commission before World War II, the first version of new law has been already prepared. There was no time to pass it through parliament. After war, in new political conditions, the works were continued. The Communists wanted to unify the civil law as quickly as possible, using the form of decrees. The decree Family Law was based on pre-war projects, so it was quite easy to conclude the works. It represents high level of legislation, in big part thanks to Aleksander Wolter, who was an author of the decree. The characteristic feature of this act is that we can observe stronger interference of State in family relations. The decree improved legal status of children bom out of wedlock, but did not eliminate all differences in legal status between children. However, itwas modern and betterthan many laws in Western Europe at this time. 2005-01-01T00:00:00Z