SILESIAN JOURNAL OF LEGAL STUDIES

Transcription

1 SILESIAN JOURNAL OF LEGAL STUDIES

2 Information for Authors The printed version of the SJLS is an original version. Two steps of the reviewing procedure are established. The preliminary review is done by the Editorial Committee, the final peer review of each article is done by two independent reviewers indicated by the Committee and (if necessary) in consultation with the Scientific Board. The main principle of the reviewing process is that the reviewer and the author cannot be employed at the same scientific center. The reviews are anonymous. SJLS adopted the procedure aiming at the elimination of bad practices (like ghostwriting, guest authorship, plagiarism). Authors are asked to sign a declaration concerning their intellectual property rights with respect to the submitted papers. The Journal s policy on licences and copyrights follows the requirements established by the University of Silesia Publishing House More information and instructions on style requirements, footnotes and rules of citation at:

3 SILESIAN JOURNAL OF LEGAL STUDIES CONTENTS VOL. 9 Foreword by Joanna Nowakowska-Małusecka Katowice 2017

4 Editor of the Law Series Andrzej Matan Reviewers Bogumił BRZEZIŃSKI, Artur KOZŁOWSKI, Bartłomiej KRZAN, Jerzy MENKES, Agnieszka OLESIŃSKA, Łukasz POHL, Massimo STARITA, Katarzyna ŚWIĘCH, Patricia TELES, Daniel WACINKIEWICZ Ia. Scientific Board: Andrzej BISZTYGA (Zielona Góra University, Poland), Marek BOJARSKI (Wroclaw University, Poland), Paulo Ferreira da CUNHA (Universidade do Porto, Portugal), Adam CZARNOTA (Oñati International Institute for the Sociology of Law, Spain, Universidad del País Vasco, San Sebastian, Spain, University of Bialystok, Poland), Israel DORON (Haifa University, Israel), Angelo Viglianisi Ferraro (Universita degli Studi Mediterranea, Italy), Javier LETE (University in Santiago de Compostella, Spain), Cornelius G.van der MERWE (Stellenbosch University, Republic of South Africa), Cezary MIK (Cardinal Stefan Wyszynski University, Poland), Andrea OLSOVSKA (University in Trnava, Slovakia), Ryszard PIOTROWICZ (University of Aberystwyth, Wales), Nadezda ROZEHNALOVA (Masaryk University Brno, the Czech Republic), Leon CHEŁMICKI-TYSZKIEWICZ (Higher School of Labour Safety Management in Katowice, Poland), Maria ZABŁOCKA (Warsaw University, Poland) Ib. Members from University of Silesia: Rafał BLICHARZ, Bogdan DOLNICKI, Jadwiga GLUMIŃSKA-PAWLIC, Anna ŁABNO, Barbara MIKOŁAJCZYK, Wojciech POPIOŁEK, Zygmunt TOBOR, Tadeusz WIDŁA IIa. Editorial committee: Joanna NOWAKOWSKA-MAŁUSECKA (Editor-in-Chief), Nick FAULKNER (Linguistic editor), Anna HOŁDA-WYDRZYŃSKA (Secretary) IIb. Members: Magdalena HABDAS, Katarzyna POKRYSZKA, Ilona TOPA III. The first level review committee: Piotr GAŁA, Monika JAGIELSKA, Joanna JAGODA, Grzegorz ŁASZCZYCA, Ryszard MIKOSZ, Robert NETCZUK, Piotr PINIOR, Ewa ROTT-PIETRZYK, Anna STAWARSKA-RIPPEL, Urszula TORBUS, Piotr ZAWIEJSKI, Marek ZDEBEL The publication is available at: Central and Eastern European Online Library Śląska Biblioteka Cyfrowa

5 TABLE OF CONTENTS Editorial (J o a n n a N o wa k o w s k a - M a ł u s e c k a) ARTICLES Igor Babin, Ludmila Vakaryuk Challenges in Rolling out the Framework of Categories and Concepts of Tax Code of Ukraine in Terms of Tax Liability Category Agnieszka Bielska-Brodziak Using a Provision s Legislative History as an Instrument for Interpretation Several Observations Based on Judgments of Polish Administrative Courts Anna Hołda-Wydrzyńska Protection of Literary and Artistic Titles under Trademark Law Dominika Iwan Genocidal Discrepancies Karolina Mania Justice in the Time of E-Commerce: Online Dispute Resolution Paweł Mielniczek Legal Aspects of NATO in the Aegean Sea Migrant Crisis Anna Muś Self-Determination and the Question of Sovereignty over Falkland Islands/ Malvinas Simon-Peter Ayooluwa St. Emmanuel When the Prisoner is not a Prisoner: Service Work as a Non-Custodial Measure in the Treatment of Adult Offenders and as a Panacea for Prison Problems in Nigeria REPORTS Magdalena Majos-Kwiatkowska, The United Nations System from the Polish Perspective (The conference report, Warsaw, Poland) Małgorzata Myl, Summer University of Srebrenica (The report, Srebrenica, Bosnia and Herzegovina) Sylwia Żyrek, The EU without the UK, the Implications and Legal Consequences of Brexit (The conference report, Warsaw, Poland)

6 *** List of selected books published by the researchers of the Faculty of Law and Administration of the University of Silesia in List of conferences organised at the Faculty of Law and Administration of the University of Silesia in

7 EDITORIAL This is the ninth issue of the Silesian Journal of Legal Studies and we once again warmly welcome you to its selection of articles. The topics tend to overlap and continuing discussions made in previous issues, providing new aspects and arguments. We have again invited researchers from various different countries as well as representatives of legal sciences from many Polish scientific institutions to share the results of their research. The issue has work by authors from Poland as well as from Ukraine and Nigeria, presenting their knowledge and opinions, and some of them are gracing our columns not for the first time. The text by Ukrainian Authors Igor Babin and Ludmila Vakaryuk gives a broad overview of issues on tax law in Ukraine in terms of tax liability. The second article, prepared by Agnieszka Bielska-Brodziak from the University of Silesia, concerns a very interesting problem connected with interpretation in the context of judgments of Polish administrative courts. Further, Anna Hołda-Wydrzyńska, also from the University of Silesia, takes a closer look at trademark law, and in particular at the issue of the protection of literary and artistic titles. There are two articles prepared by PhD candidates at the University of Silesia Dominika Iwan and Anna Muś, devoted to hot topics of international law. The first one focuses on the crime of genocide and its interpretation in the context of judicial decisions of international criminal courts and tribunals. The second one presents an interesting view on the principle of self-determination and the question of sovereignty over the Falkland Islands/Malvinas. Also dealing with issues of public international law is the paper submitted by Paweł Mielniczek from the University of Warsaw, in which he sets out ideas on the migrant crisis in connection with the legal aspects of NATO in the Aegean Sea. Another interesting text comes from the Jagiellonian University, in which the author, Karolina Mania, focuses on questions connected with justice in a time of E-Commerce. She touches upon several crucial problems to this penetrating topic. In this issue of the Journal, we are again pleased to present an article related to human rights aspects. This time the author, Simon-Peter Ayooluwa St. Emmanuel from Adekunle Ajasin University in Nigeria, concentrates on the issue of prisoners rights in Nigeria, and the specific question of service work as a non-custodial measure in the treatment of adult offenders. This issue also contains reports on selected conferences and seminars organised by various scientific institutions, at which researchers from the Faculty of Law and Administration of the University of Silesia took an active part. For the Faculty, the first two reports are of great importance and should draw the reader s attention, as PhD candidates participated there. As in previous issues, we present a list of selected monographs published in 2016 by researchers from our Faculty of Law and Administration, as well as a list of conferences organised or co-organised by the Faculty and our Foundation Facultas Iuridica. We would 7

8 like to stress that the publication of the Journal is, as in previous years, possible thanks to Facultas Iuridica, which covers most of the publishing costs of the Journal. Issue No 9 of SJLS touches upon several disciplines: theory of law, economic law, public international law, human rights and EU law, and they are represented by researchers from universities from a range of countries. From this it is clearly visible that, as in previous issues of the Journal, we continue international discussions on a broad range of legal problems discourse across borders, not only European. We would like to go further in this direction in our subsequent editions, which is why we warmly invite researchers from Polish and foreign universities to read this and to submit their texts to us, sharing their views on legal problems. The materials contained in the issue may be useful not only for researchers, but also for practitioners, as well as for students and PhD candidates. You can find us at Joanna Nowakowska-Małusecka 8

9 Redaktor Wacław Walasek Projektant okładki Michał Motłoch Redaktor techniczny Ireneusz Olsza Copyright 2017 by Wydawnictwo Uniwersytetu Śląskiego Wszelkie prawa zastrzeżone ISSN ISSN (wersja drukowana) ISSN (wersja elektroniczna) Wydawca Wydawnictwo Uniwersytetu Śląskiego ul. Bankowa 12B, Katowice Wydanie I. Ark. druk. 8,1. Ark. wyd. 10,0. Przekazano do łamania w październiku 2017 r. Podpisano do druku w listopadzie 2017 r. Papier off set. kl. III, 80 g. Nakład egz. Cena 22 zł + VAT Producent: Wacław Walasek Oficyna Wydawnicza WW ul. Mieszka I 15, Katowice