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.
This article deals with the question of how issues of late colonial housing in Zambia were passed through various segments and between various layers of an encompassing colonial administration. It is equally about the question how the researcher retraces that process of administering housing. The main argument is that a discourse clad in techno-scientific language in the colonial metropole assumed undertones of development and morality in the colony. The text pays particular attention to the bureaucratic individuals seizing opportunities – often in cooperation with one or two colleagues, or across racial dividing lines. Furthermore, the contribution ponders on the significance of the researcher's encounters with both archival staff in London and Lusaka as through these interactions initial research agendas become redirected and adjusted.
This article provides a particular history of the file. It does not focus on the content of specific files or the development of filing systems. Instead it moves files from a history of administrative writing to a history of information storage technologies. My argument is that if we get ›under the hood‹ of the filing cabinet and manila folder to understand how they work we learn how information was conceptualized and understood such that it could contribute to the goals of efficiency critical to corporate capitalism. It is the contention of this article that information is a historically specific concept and the early 20th century emergence of the tabbed manila folder and the vertical filing cabinet offer insights into the development of a distinctly modern conception of information as impersonal, discrete, and therefore easily extracted. I offer the concept of ›granular certainty‹ to show how information was conceptualize, practically constituted and organized. This emphasizes the overlap between the importance of efficiency’s embrace of standardization and the specific and a conception of information as something specific. The tabbed manila folder and the vertical filing cabinet emerged from this overlap between efficiency and information.
The file is synonymous with British bureaucracy but it had a long gestation from at least the 16th century. It emerged slowly from the chrysalis of the docket during the 19th century, differentially in the various departments of state and became a fixity following reforms in the aftermath of the First World War. Even then the system of recording information in government was not uniform and was subject to the exigencies of the financial crisis and the commitment of officials. Although India and the rest of the Empire had separate administration, there was very little attempt to manage and preserve information effectively. Most initiatives met only with partial success and were often resented by junior officials. Registries in keeping with long-held commitment to paucity in government spending were and are poorly staffed and resourced. This article traces the evolution of the file until its demise in the digital age.