Table of contents

INSTITUTIONAL ANALYSIS
Tadeusz Kononiuk
The Derogation of Truth in Journalistic Discursive Practices …………………………………………. 5

ADMINISTRATIVE SUBSTANTIVE LAW
Lech J. Żukowski
Social assistance in the implementation of tasks in the field of mental health protection ……. 20
Michał Piotr Jabłoński
The justification for determining the upper limit of airspace in the Act on the Protection
of State Borders ………………………………………………………………………………………………………. 29

FINANCIAL LAW
Krzysztof Cień
Legislating of norms determining the general reserve of the state budget ………………………… 37

TAX LAW
Alicja Świderek
Judicial review of individual interpretations and its impact on the interpretation
of tax law ………………………………………………………………………………………………………………. 50

BUSINESS ACTIVITY LAW
Marta Cichalewska
Institutions ensuring the legal security of entrepreneurs in relations with public
authorities in the context of the provisions of the Entrepreneurs’ Law Act ………………………. 63

EMPLOYMENT IN ADMINISTRATION
Paweł Gofron
The issue of the prohibition of employing persons associated with the state security
organs of the Polish People’s Republic in the civil service (in the light of the amendment
of the Civil Service Act of April 14, 2023) ………………………………………………………………….. 77
Małgorzata Czuryk
Professional Responsibility of Nurses and Midwives …………………………………………………….. 91

Tadeusz Kononiuk

The Derogation of Truth in Journalistic Discursive Practices

Abstract

The legal norms that form the foundation of journalism as a profession and constitute the essence of journalistic ideology – such as serving society (Art. 10, Sec. 1 of the Press Law), realizing citizens’ right to reliable information (Art. 1 of the Press Law), and maintaining special diligence and integrity (Art. 12, Sec. 1, Point 1 of the Press Law) – are subject to derogation. However, this derogation does not result from their formal invalidation by another legal norm but rather from radical technological, market, political, and cultural transformations. These changes have led to the erosion of previously established axioms and paradigms related to journalism, causing an informal derogation of the legal and ethical norms that constitute journalistic professionalism. Thus, the main research problem addressed in this article is a legal and media-studies analysis of various forms of disinformation and manipulation that directly affect fundamental issues in journalism: truth and falsehood. To explore the mechanisms driving this informal process of the derogation of truth in journalistic discursive practices, the author identifies the following factors as particularly significant, as analyzed in the article:

• truth as a social construct,
• techniques for neutralizing falsehoods,
• disinformation in journalism.

Lech J. Żukowski

Social assistance in the implementation of tasks in the field of mental health protection

Abstract

The article presents an attempt to synthesize regulations related to the functioning of social welfare institutions in administrative law, which are related to mental health protection. The mentioned circumstances of granting social assistance benefits were characterized, such as long-term and serious illness, disability, addictions, random events and crisis situations, which are objectively related to the legal definition of mental disorders contained in administrative law regulations. The basic assumption of the text is the presentation of social welfare institutions as an important element in shaping the mental health care system in public law. At the same time, attempts were made to demonstrate that specific material and non-material benefits guaranteed by social assistance significantly expand the forms of action and obligations of public administration related to mental health protection, going beyond the treatment of mental disorders.

Michał Piotr Jabłoński

The justification for determining the upper limit of airspace in the Act on the Protection of State Borders

Abstract

The article is an analysis of the lack of legal delimitation of outer space in the Polish legal order in the light of the constitutional principle of legalism. The thesis is put forward that the lack of a precise definition of the upper limit of airspace in the Act on the protection of the state border results in a lack of full specification of the spatial scope of the duties of the Minister of National Defense responsible for border protection in the airspace, and therefore there is no legal basis specifying the height at which the Ministry of National Defense is obliged to take action to protect the upper boundary of the airspace. This may lead to a decision to take or not to take action to protect this boundary independently and arbitrarily. Legislative proposals to solve this problem are also indicated, consisting in indicating the existence of the discussed border in national law.

Krzysztof Cień

Legislating of norms determining the general reserve of the state budget

Abstract

The article’s subject is an issue related to the legislating of norms determining the general reserve of the state budget. The provisions of the Act of July 13, 2023, amending the Public Finance Act and certain other acts have changed the wording of the provision of Art. 140 Section 1 of the Public Finance Act, which regulates legal relationships related to the establishment of a general reserve in the Budget Act. For this reason, this study aims to analyze the legal norms addressed to law-making authorities constituting the state budget, which set the rules of conduct that determine the inclusion of a general reserve in the content of the state budget. The research carried out,  proved the claim that in the current state of the law, it is possible to pass a Budget Act that does not provide for a general reserve in the state budget, which may consequently lead to disruption of the stability of public finances.

Marta Cichalewska

Institutions ensuring the legal security of entrepreneurs in relations with public authorities, in the context of the provisions of the Entrepreneurs’ Law Act

Abstract

Formal and legal conditions for conducting business activity should constitute a clear and understandable set of rules governing business transactions. Therefore, legal norms that provide entrepreneurs with appropriate protection and prevent unfavourable effects arising in relations with the state apparatus are crucial. The article describes a topic that is important for social and economic reasons. The aim is to present institutions that provide protection and legal security to entities undertaking and conducting business activity against the background of current legal regulations and to present legal tools that use, for example, artificial intelligence to search for information in the field of servicing entrepreneurs. The conducted research is based on the dogmatic-legal method of analysing Polish law, case law and literature on the subject.

Paweł Gofron

The issue of the prohibition of employing persons associated with the state security organs of the Polish People’s Republic in the civil service (in the light of the amendment of the Civil Service Act of April 14, 2023)

Abstract

This article presents the issue of the prohibition of employing persons associated with the state security organs of the Polish People’s Republic in the civil service. The main objective of this paper is to delineate changes in this area, which were introduced by the amendment of the Civil Service Act of April 14, 2023. The text consists of three main parts. In the first section, the motivations and formal legal authorization were analyzed. In the second section, the scope of the amended regulations was defined. The third section of this article presents the critical voices in the legal and public discourse resulting from the allegations of unconstitutionality.

Małgorzata Czuryk

Professional Responsibility of Nurses and Midwives

Abstract

Nurses and midwives are independent medical professions. They operate within professional self-government. The adoption, first in the Constitution of the Republic of Poland and then in acts, of legal regulations regarding professional self-government is the result of efforts in Poland after 1989 to create a decentralised structure of the public administration apparatus. The self-government of nurses and midwives represents people practicing these professions and ensures their proper performance within the public interest and for its protection. Nurses and midwives, as professions of public trust, provide health care services that are important from the point of view of society and the state. Therefore, it is necessary to guarantee the high quality of these services. This is what professional self-government is responsible for. The purpose of the article is to reflect on the professional responsibility of nurses and midwives, mainly in the context of the premises of this responsibility. Considerations also focus on the reasons for establishing professional self-government and the tasks nurses and midwives have to perform within their professions. Reference was also made to moral obligations arising from the regulations of the Code of Professional Ethics.