The subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.
On 10th April 2010 Polish Air Force Tu-154 carrying the President of the Republic of Poland Mr. Lech Kaczyński, the First Lady Maria Kaczyńska and 92 other high Polish officials and members of the crew, crashed in Smolensk. Following the crash, Polish and Russian governments by series of acts and omissions agreed for the investigation procedure according to the Chicago Convention from 1944, nothwithstanding the existence of the binding Polish-Russian agreement from 1993 applicable to military aircrafts.
The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the above issue presented in the work will be carried out taking into account regional human rights protection standards and the ECtHR’s judicial practice. Both soft and hard law standards will be included in the analysis.
The main aim of this analysis is the synthetic reconstruction of the standards of European Court of Human Rights concerning the procedural aspect of the right to life, and particularly the obligation of conducting an effective investigation in the context of the Polish Air Force Tu-154 air crash in Smolensk on 10th April 2010.
The right to life in the system of the European Convention of Human Rights has a particular character. It derives mostly from its paramount importance. Due to the character of the sphere guaranteed by the right to life, the European Court of Human Rights notices the need of protecting it, both in material and procedural aspect. This is also the reason why article 2 of the ECHR is backed up by the wide variety of positive obligations.
The standards of article 2 of the ECHR and state’s positive obligations in this respect are fully applicable in relation to the air crash of the presidential Tu-154. State’s obligations focus on both material and procedural aspect of incident causing death. The air crash of Tu-154 concerns particularly the obligation to conduct adequate and effective official investigation. This obligation concerns both Polish and Russian authorities.
The main aim of this research is to analyse which obligations are applicable in respect of this particular air crash.
Smolensk Catastrophe is not only about the question of clarifying facts, but also the one of responsibility stemming from them on the grounds of European Convention on Human Rights, and being more precise from its art. 2: The right to life. The article includes both negative obligations, such as the prohibition of depriving an individual of life, as well as positive ones regarding the establishing of effective regulations in criminal law, providing legal and administrative procedures aiming at e.g. preventing the acts of life deprivation, including the ones referring to procedural obligations concerning the conduct of a proper and effective investigation. Responsibility is shared by both parties of the Convention: Russia and Poland. The first of them ought to be responsible for depriving the Catastrophe casualties of their lives, not only in the event of an attack and explosion, but also in the context of TU 154 renovation, the manner of organizing the visit, dividing it between 7th and 10th April 2010, the level of securing the quality of service at the North Smolensk airport, conducting the investigation and keeping the evidence (the wreck, black box, etc.), which made it impossible for Poland to conduct the effective investigation. Poland, on the other hand, is responsible for the lack of applying appropriate legal and administrative procedures, as well as preventive and controlling measures, inappropriate conduct of aviation investigation by Military Prosecutor Office, as well as the lack of an effective investigation indicated in art. 2 of the Convention. Poland ought to be held responsible also for the manner of organizing the visit. The responsibility of a state on the basis of the Convention includes detecting, pursuing and punishing individuals responsible for actions and cessations determined as a punishable offence of negligence and not fulfilling ones duties. Therefore there certainly was the situation of breaching the material and procedural obligations stemming from art. 2 of the Convention.
In search of international remedies for the investigation of the Tu-154M airplane crash of April 10, 2010, in Smolensk, Russia, standards of effective investigation under Article 2 of the European Convention on Human Rights are examined. Cases of airplane crashes and terrorist attacks are analyzed. Next, investigations of major international incidents of historic significance are examined. The case of UN Secretary General D. Hammarskjold killed in 1961 airplane crash is analyzed. Also, the investigation conducted by the International Commission of Inquiry for Lebanon on the assassination of Prime Minister Hariri is examined. Based on the above, recommendations are made for the most effective international investigation of the Smolensk crash.
Subject and purpose of work: Agriculture has historically been an important sector in Kosovo’s economy however the biggest challenges are migration, land fragmentation, and access to market and finance. Support from the Government of Kosovo for the agriculture and rural development sector is based on the ARDP 2007-13 and includes direct support measures that strongly correspond to Pillar I measures under CAP and rural development support measures similar to CAP Pillar II. The objective of this paper is to assess three measures (101,103,302) under the national plan of agriculture and rural development of Kosovo.
Materials and methods: Measure 101, “Investments in Physical Assets in Agricultural Holdings” fruit sector, grape sector. Measure 103, “Investments in physical assets concerning the processing and marketing of agricultural and fishery products”. Measure 302, “Farm Diversification and Business Development”.
Results: Results showed support is increased which directly affected new job creation however this should continue with increasing the budget as these measures affect the rural economy directly by creating jobs contributing to sustainable agriculture and reducing migration.
Conclusions: The most important measure in terms of budget allocation and number of projects implemented was Measure 101. The largest number of beneficiaries from measure 101 originated from the Prizren and Prishtine Region.
Subject and purpose of work: This paper presents bioeconomy as a solution to sustainable development challenges in Africa. It identifies the current state of bioeconomy and its production determinants in African countries and regions, and the potential that bioeconomy has in these jurisdictions. This paper also highlights possible policy inputs for a sustainable bioeconomy on the continent.
Materials and methods: In addition to a systematic literature review, statistical databases and published indices, the paper also builds on the classical theory of productive forces to achieve its objectives.
Results: The bioeconomy potentials of African countries are poor when compared with those of countries with dedicated bioeconomy policies or strategies. Most of the bioeconomy related activities in Africa were centred on biofuel production as a substitute to fossil fuels.
Conclusions: African countries must formulate cohesive bioeconomy policies, make necessary targeted investments in research and innovation, and improve general governance to take advantage of opportunities in emerging sectors of bioeconomy to ensure sustainable livelihoods on the continent.
Subject and purpose of work: This paper presents the development of human capital on the labour market of the Wielkopolskie Voivodeship in 2004-2017.
Materials and methods: The study uses methods of literature review and comparative analysis based on data provided by Statistics Poland.
Results: The results of the analysis show that constant development of human capital is taking place in the Wielkopolskie Voivodeship, and its level measured by the number of students and graduates of universities, as well as the number of registered patents is comparable to the average in Poland. The high quality of human capital contributed to achieving above-average economic results and household incomes.
Conclusions: Development of human capital and raising professional qualifications at post-graduate studies was particularly important in the period of negative impact on the Polish economy of the financial crises of 2007-2009 and 2010-2012. A combination of higher education and innovative abilities, as well as involvement in R&D contributed to the increased competitiveness of the voivodeship’s economy.
Subject and purpose of work: This paper deals with the issues of occupational activation of economically inactive persons. Its objective is to provide the reader with an outline of labour market problems and the situation of the economically inactive population*. Persons who qualify neither as employed or as unemployed potentially constitute an untapped labour potential. The focus in this paper is on economically inactive persons and the reasons they do not seek employment, in order to better understand, first, the causes behind such a low occupational activity and, second, the possible remedial measures. In view of the urgent need for reintegrating persons outside the labour force with the labour market, it appears of utmost importance to identify the reasons for their situation. The fact that nearly 5.02 million working-age Poles remain economically inactive (accounting for nearly 22.0% of the whole working-age population) indicates how huge their potential may be. Special attention will be paid to groups of potential workers who have barely marked their presence on the labour market. One such group is formed by over 2.35 million individuals who are outside the labour market for reasons unrelated to health or retirement age.
Materials and methods: The analysis is based on the annual and quarterly Labour Force Survey (LFS) data provided by Statistics Poland, and data originating from the Local Data Bank. To facilitate a wider discussion, the statistical data presented in the article cover a multi-annual perspective. This information is supplemented with research results obtained by other authors. Use is made of different methods of data analysis, including a descriptive analysis – to determine the underlying figures regarding the number of economically inactive persons; a dynamics analysis – to identify changes that occurred in 2006-2019 in the figures determined in the descriptive analysis; and a comparative analysis – to assess trends regarding economically inactive persons by comparing selected data with those that have been recently recorded in other EU countries.
Results: The scale of economic inactivity in 2016-2019 is assessed on the basis of statistical data presented in tables and figures regarding economically inactive persons by the most common reason for inactivity. The analytical part of this paper features thematic blocks/detailed analyses of the demographic situation, the level and breakdown of economically inactive persons, and changes in their numbers that have taken place in recent years.
Conclusions: The constantly declining working-age population, coupled with the low level of occupational activity in some age groups, should encourage decision-makers to design adequate labour market policies/programmes to support the occupational activity of Poles. Labour supply improvements should be sought mainly through the occupational activation of economically inactive persons and through extending the period of occupational activity.