<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights

<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

Responsibility of Russia and Poland for the Smolensk Catastrophe from the Perspective of European Convention on Human Rights

<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

Participation in a Limited Liability Company as an Element of Marital Property

<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

Standards of Investigation Under Article 2 of the European Convention on Human Rights and Investigations of Incidents of Historic Significance

<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

Polish-Russian Agreement from 1993, Its Omission in the Forming of the Process of Investigation on the Causes of Polish Air Force Tu-154 Crash in Smolensk and the Formula of Establishing the Agreement Between the Governments of the Polish Republic and Russian Federation on the Investigation on Its Causes According to the Rules of the Chicago Convention From 1944

<abstract xmlns="http://www.w3.org/1999/xhtml">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.</abstract>

The Requirements Deriving from the Procedural Aspect of Art. 2 of the European Convention of Human Rightsin the Context of Polish and Russian Investigation Regarding the Air Crash of Polish Air Force Tu-154 in Smolensk

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Law and Administration in Post-Soviet Europe

 "Law and Administration in Postsoviet Europe" is a series on law, public administration and politics in Europe since 1989. The Journal's aim is to present analysis of legal changes and experiences of Central and Eastern European countries since 1989.  Target group  researchers interested in the subject of law changes in post-communist countries  Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 