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State Protection for the Participants of Criminal Proceedings in the Russian Federation

100%

Zaytsev O.

tom 3(2)

147-156

This article covers the problematic questions concerning safety of the participants of the criminal procedure. Russia’s integration into the main international pacts and conventions have the effect of forcing the country into bringing the law to accordance with international and European rules in terms of ensuring safety of participants of the criminal procedure. This requires introducing appropriate processes to allow the realization of international standards and principles having in mind the peculiarities of the development of the country’s legal system. The main topic of this article is the theoretical and legal basis of state protection of participants of the criminal procedure in the Russian Federation. The author notes that in the middle 90s of the last century influencing the parties of the criminal procedure spread to other categories of criminal cases, making it a large socio-legal problem. This includes not only the witnesses, victims and other individuals involved in the process, but also judges, prosecutors and investigators, in connection with their professional actions. Russian academics were forced to draw on the experience of other countries of successfully running institutions and mechanisms that guarantee securing the rights and freedoms of witnesses, victims and other parties of the criminal procedure. On the basis of material gathered concerning the issue of safety of those connected with the trial-investigation process, the author proposes the priority branches of research in this domain.

Processus iudiciarius secundum stilum Pragensem Mikuláše Puchníka: (Rozbor dochovaných rukopisů)

88%

Budský D.

tom 39

nr 1

255-277

The author of this article speaks on the topic canon procedural law in Prague at the turn of 14th and 15th century. Th ere is tractate Processus iudiciarius secundum stilum Pragensem written by general vicar of Prague archbishop Nicolaus Puchnik in the 2nd half of the 80´s of 14th century. Th e main purpose of the article is paleographical, codicological and contentual analysis of all preserved manuscripts (13 pieces) of Processus and make fi liation diagram. High concern is focused on differences in personal and geographical names in manuscripts which are very important for providing origin and fi liation analysis. All these names and dates are highlited because the author considers them to be very important for provenance fixing. Th ere are presented two fi liation diagrams. Th e article is attached by chart with chronological order of all manuscripts.

Dopuszczalność pozwania pracownika z państwa trzeciego przed sądem polskim na podstawie przepisów rozporządzenia nr 1215/2012 oraz kodeksu postępowania cywilnego

63%

Torbus A.

tom 30

31-56

The EU Regulation 1215/2012, as well as the Polish civil procedural law regarding individual employment relationships are employee-interest oriented. The employee’s domicile is a specific form of privilege on the level of the national jurisdiction regulations establishing international competence of national courts. The domicile provides effective protection for the employee in case of a potential dispute with an employer,who initiates the proceedings. Unfortunately, neither the Regulation 1215/2012 nor the Polish civil procedural law provides for equivalent protection for a third state employee (an employee from outside the EU) compared to an employee domiciled in Poland. The paper argues that despite a one-sided regulation, suing a third state employee before a Polish court is in principle impermissible. When applying the objective criterion to determine whether there is a national jurisdiction to hear the case, the court should consider the need to protect the employee and his or her legitimate interests. The author posits that the employee’s interest constitutes a legal basis for assessing whether in the proceedings before a Polish court - as forum conveniens - it is possible to safeguard the rights of a weaker party of a particular legal relationship. If a choice of court agreement was concluded, suing a third state employee before a Polish court will not be possible. This is because the prorogation agreement is subject to Article 23 of the Regulation 1215/2012. This provision requires that for the prorogation of jurisdiction to be effective, the employee, as party to an agreement, must be domiciled in one of the Member States.