A scientific journal of a historical and legal profile edited at the Faculty of Law of the University of Bialystok since 2003. The periodical is developed by the staff of the Department of Legal-Historical Sciences, Philosophy, Theory of Law and Comparative Law. The texts published in our pages are of historical and legal nature or deal with contemporary law with a clear historical context.
In this announcement, I would like to present responses to the critical remarks contained in Oskar Kanecki’s text, which is a review of the book I authored.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Tomasz Opaliński (article) https://creativecommons.org/licenses/by-sa/4.0/
Legal Theory as a Bridge Between the Sociology of Law, Legal History and the Comparative Law
The recent International Workshop on “Legal Survivals and Global Legal Pluralism”, held at the International Institute for the Sociology of Law (IISL) on 8–9 May 2025, brought new insights into the developing of the theory of legal survivals. A legal survival is a legal form which was functional towards an earlier context of political, economic, ideological, and socio-cultural relations, but which nonetheless survived the more or less abrupt change of that context, in particular a change having the nature of a socio-economic and/or political transformation, transition or revolution. The paper briefly presents the concept, theory and methodology of legal survivals, based on the existing literature (section 2), it provides an analytical overview of the papers presented at the workshop (section 3), and it discusses – in a synthetic manner – the recurrent methodological questions addressed during the workshop (section 4).
Oñati International Institute for the Sociology of Law
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Rafał Mańko, Piotr Eckhardt (article) https://creativecommons.org/licenses/by-sa/4.0/
In 2024, the monumental work of Father Zbigniew Rostkowski devoted to the history of the Roman Catholic parish in Narew – a small town in the Podlasie region, situated on the perhaps better-known river of the same name (in its upper course) – was published by Wydawnictwo Jedność in Kielce. Today, Narew is a village (it lost its municipal rights in 1934) and the seat of the local commune authorities. The rich history of this locality and its surroundings, reaching back to the late Middle Ages, undoubtedly deserves the attention of scholars. For this reason, the publication of the aforementioned work should be received with great satisfaction, all the more so because it is a book (or rather a tome) that is excellent in every respect. Based on the title, one might assume that it covers only a certain portion of the town’s history and that of the neighbouring villages. However, since the history of the parish is so closely intertwined with the life of the local community – life which simply could not be omitted – what we ultimately receive is a panorama presenting the past of the entire land of Narew.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marian Mikołajczyk (article) https://creativecommons.org/licenses/by-sa/4.0/
This article is devoted to the detailed examination and evaluation of Iryna Kiturka’s book. As a subject of her research the author has chosen customs service of the Grand Duchy of Lithuania during the reign of the last king Stanisław August Poniatowski. The previous analysis of the book convinces us that this theme is still underdeveloped. That’s why this book (as a result of many years of the author’s scientific work) is an attempt of complex approach to deal with this problem. The research is based on an analysis of the current works on this subject as well as on a comparatively diverse source base. The last one is mainly presented by the documents from the Lithuanian State National Archives in Vilnius and by the fund of the Lithuanian Treasury Commission in particular. The research covers different aspects of the social and economic history, the history of administration in the Polish-Lithuanian Commonwealth in the 18th century. It deals with the process of shaping of customs administration in Modern Times, the customs points system reorganisation, the customs law sources, the customs tariffs and pays, the customs clearance and the amount of revenues from these tariffs as well as with the documentation provided by the customs offices. Among the benefits of the monograph one should mention numerous examples of polemics with other historians concerning estimation of different events. The author tries to study the subject in a more complex and broader historical context. In this review we also tried to touch upon the issues that require further studies such as the nature of customs and economic policies in the time of Stanisław August in the context of the development of economic thoughts in the 18th century. So, proceeding from the above, it should be stated that the book under review is innovated and becomes a part of the research trend upon the study of the administrative apparatus and economic reforms in the years of 1765–1795.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Jerzy Gordziejew (article) https://creativecommons.org/licenses/by-sa/4.0/
Power in the Conditions of International Anarchy
The aim of this analysis is to discuss the concepts of “power” and “great power” and to situate them within the conditions of international anarchy. The article refers to the assumptions of realist theories of international relations in the context of the role of great powers in the system and in the historical foundations of power. Power determines a state’s position within the balance of power but also shapes relations within the system of anarchy. The power of individual political entities thus generates real interconnections in a world of polycentric international rivalry. However, the balance of power, even when reinforced by universally recognised and respected norms, remains synonymous with anarchy, as no entity holds a monopoly on violence. Consequently, international order exists primarily due to a specific configuration of power relations among the major powers. This one is built on real potential. The neorealist tradition in IR stipulates that national power derives primarily from material capacities and resources – geography (territory), population, national resources, industrial capacity, military capacity, quality of government and diplomacy, as well as national character and the national morale. The neoliberal approach adds to the material resources of power, the potential of influence through international institutions and factors of “soft power”. In our understanding of the major components of the national power, we follow the realist and neorealist traditions. In this context, however, the significance of the geographical factor (and geopolitics), as a component building the international status of political entities was critically analysed.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Adam R. Bartnicki, Wojciech Śleszyński (article) https://creativecommons.org/licenses/by-sa/4.0/
Russia’s Unfriendly Countries in Legal and Political Terms
Since the USSR, Russians have had a strong need for having enemies and a wellestablished vision of a divided world. Until the end of the Cold War, Russian hostility was directed towards the West. In the post-Cold War period, the earlier hostility has been replaced by restraint and distrust in mutual relations, especially with NATO approaching Russia’s borders. Russia’s annexation of Crimea led to a significant cooling of Russia’s and the Western world relations, which resulted in imposing of sanctions, not only economic but also political, on Russia. Then the hostility took on a completely different dimension and Russia began to see the West as a real threat. As a result of the tightening of sanctions following Russia’s attack on Ukraine, anti-Western rhetoric increased in Russia. The result was the introduction of the terms ‘unfriendly/hostile states’ and “unfriendly/hostile actions” into Russian foreign policy conceptual documents and the promulgation of the lists of states hostile to Russia. The article cites and analyses documents of a political and legal nature containing the above-mentioned concepts. Among them there were the two Russian foreign policy concepts of 2016 and 2023, as well as the legal acts on the basis of which the lists of states taking unfriendly actions towards Russia were created. These were issued after Russia’s annexation of Ukraine’s Crimea. The text also refers to the statements made by the President of the Russian Federation with regard to how he understands Russia’s foreign policy.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Beata Goworko-Składanek, Karolina Ferreira-Fernandes (article) https://creativecommons.org/licenses/by-sa/4.0/
From Dojlidy, through Zaścianki, to Grabówka – The Case of the Creation of the Grabówka Commune
This article presents the chronological affiliation of the lands included in the newly established Grabówka commune to the basic units of territorial division from the times of the Second Polish Republic to the present. Over the course of over 100 years, these lands were included in three communes: Dojlidy, Zaścianki, and very recently – Grabówka. In particular, the process of separating lands from the Supraśl commune from the cadastral districts of Grabówka, Henrykowo, Sobolewo, Sowlany, Zaścianki was described, divided into main stages. These lands currently form the new Grabówka commune on the map of the territorial division of Poland. Emphasis was placed on the compliance with the procedural requirements allowing the commune to function in accordance with the law. The following research methods were used in the article: the individual case study method (the issues described concern the integral historical and legal process, the final effect of which is the establishment of the Grabówka commune), the method of examining legal acts and documents (in the described case, these are generally applicable legal acts, including executive ones, as well as parliamentary documents, i.e. transcripts of sessions), the method of case law analysis (in the described case, these are rulings of the Constitutional Tribunal). The author also placed emphasis on the legal and practical aspects of the procedure of territorial changes of local government units taking place on the basis of statutory provisions and regulations. Both aspects interpenetrate each other during the actions taken at the government and local government level, giving the impression that these are actions at the interface of the life of the local community and the so-called big politics.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Jarosław Galicki (article) https://creativecommons.org/licenses/by-sa/4.0/
From Commitments to Practice: 10 Years with the Convention on Preventing Violence Against Women
The aim of this article is to analyse the extent of implementation and effectiveness of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the so‑called Istanbul Convention) in Poland, ten years after its adoption. The author focuses on assessing the legislative and administrative changes undertaken to align the national legal framework with the Convention’s requirements, as well as on examining the extent to which government measures have contributed to the actual protection of individuals experiencing violence. The article primarily draws on official sources, such as reports by GREVIO (the Group of Experts on Action against Violence against Women and Domestic Violence) and documents from the Committee on the Elimination of Discrimination against Women (CEDAW). Supplementary data come from non‑governmental organisations monitoring human rights observance, including the Helsinki Foundation for Human Rights and the Women’s Rights Center. The legal and institutional context is based on the national laws and regulations, notably the amended provisions of the Penal Code and the Act on Counteracting Domestic Violence. Methodologically, the text is founded on a dogmatic‑legal analysis (examining the content and interpretation of legal norms) and a comparative analysis, taking into account standards developed in the practice of other Council of Europe member states. A significant element is also the sociological reflection on the controversies surrounding the Istanbul Convention, including allegations of its “ideological” character and supposed interference with state sovereignty and the traditional family structure. This article offers a comprehensive view of the Convention’s impact on Poland’s system for protecting women from violence, while highlighting the main challenges such as uneven funding for support services and the lack of consistent anti‑violence education. Due to the synthesis of research findings presented and a broad source base, the reader gains a multidimensional picture of the challenges and achievements associated with the implementation of the Istanbul Convention in Poland, which may serve as an inspiration for further efforts to improve the existing legal and organisational solutions.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Emilia M. Truskolaska (article) https://creativecommons.org/licenses/by-sa/4.0/
Regulation in Motion: an Analysis of the Passenger Traffic Response to the Changes in the Legal Regime at the Land Border of Poland with Belarus
The aim of the paper is to present the findings of an analysis of changes in the legal regime governing the border of Poland with Belarus and the rules regulating its crossing over a period of 22 years – from the introduction of legal frameworks associated with Poland’s accession to the European Union, up to the end of 2024. During this time, several developments – including Poland’s accession to the EU and the Schengen Area, the migration crisis, and Belarus’s involvement in Russia’s invasion of Ukraine – prompted the implementation of numerous regulatory measures. These measures varied in nature, with some tightening and others liberalising the rules for crossing the border of Poland with Belarus. They stemmed both from Polish and EU regulations, as well as from decisions made by the Belarusian authorities. Undoubtedly, they had a significant impact on the cross-border passenger traffic. A qualitative and quantitative analysis – including a review of the relevant literature, legal frameworks, and statistical data – enabled the identification of three distinct periods: 2003–2007, 2007–2020, and 2020–2024. The study revealed that certain regulatory changes led to a significant decline in the cross-border traffic, while others contributed to its increase, with the strength of these effects varying over time. This was partly due to the implementation of the opposing policies by the two countries – liberalising on one side and tightening on the other – as well as the simultaneous influence of other factors (e.g. psychological). The analysis of statistical data over the 22-year period demonstrated a high degree of dynamism in the volume of cross-border movements between Poland and Belarus. These changes affected Polish citizens and foreign nationals to differing extents, suggesting a certain asymmetry in the perceived significance of the border for each side and prompting further research in this area.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Anna Doliwa-Klepacka, Agnieszka Piekutowska (article) https://creativecommons.org/licenses/by-sa/4.0/
The Polish Woman Experiencing Homelessness
It might seem that tackling the issue of persons experiencing homelessness in a 21st century, economically well-developed country such as Poland, seems to be of little importance. However, statistics, reports, and academic research results show that the issue of homelessness is neither becoming less prevalent, nor is it marginal. Moreover, the issue is still there, only its face is changing. The subject-matter literature clearly shows that anyone can become homeless, regardless of their social status. The right to housing is indicated among the basic human rights that secure comprehensive development. The difficult housing situation means that more and more people, especially young people, are faced with the difficulty of providing themselves a roof over their heads. Despite the fact that the legislator in Poland takes into account the principles that allow for securing the basic rights of people in the homelessness crisis, due to the complexity of the phenomenon itself, there are still areas that do not fully secure the needs of the homeless. The homelessness of women, who are culturally perceived as bearers of life and the keepers of the hearth and home, is particularly poignant. The situation of women experiencing homelessness stands in stark contrast to those perceptions. The aim of these considerations is to outline the problems of the people experiencing homelessness, to indicate the specificity of women’s homelessness in order to notice the differences in their situation, their rights, and the effective systemic solutions in this area.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Małgorzata Duda (article) https://creativecommons.org/licenses/by-sa/4.0/
The Bangkok Rules – (Unobvious?) Standard Determining the Status of Women in Prison
Context-specific analyses devoted to the special value that dignity and the principle of gender equality must be recognised cannot ignore findings relating to the category of people with special needs, which regards women in detention. The indicated scientific intuition not only laid the foundation for the considerations devoted to this social group, but above all directed the way of thinking about their rights towards the Resolution 65/229 adopted by the General Assembly on 21 December 2010, entitled “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders” – the so-called “United Nations Rules”. If, in consideration of the fact that 2025 marks the 15th anniversary of their adoption, it is justified to undertake research into the issues mentioned in the title, and the hypothesis that the Bangkok Rules are a tool through which one of the categories of human rights, namely the rights of women in detention, is materialised, takes on additional significance. The main research objective of this study is to determine whether the status of the Bangkok Rules makes them a standard that shapes the status of women in prison isolation conditions. This study is factual in nature, determined historically by the process of the analysed Rules’ impact not only on the soft law, but also – and perhaps primarily – on the international human rights law. The study will apply an analytical and formal-dogmatic method.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Iwona Wrońska, Ewelina Cała-Wacinkiewicz, Maciej Nyka (article) https://creativecommons.org/licenses/by-sa/4.0/
Compensation for Medical Injury Based on the Principle of Equity. Remarks on the Former Article 419 of the Polish Civil Code
The article addresses the issue of compensation for medical damages arising from the treatment of patients based on the principle of equity. It focuses on the period of the application of the Act on State Liability for Damages Caused by State Officials, and later, Article 419 of the Polish Civil Code. Over a period of approximately 50 years (from 1956 to 2004), the Polish ordinary legislation, alongside the judicial practice, allowed for the broad application of the principle of equity in compensating damages caused by the exercise of the public authority. The period of the Polish People’s Republic was characterised by a unified approach to indemnifying damages suffered by citizens. It was irrelevant whether the damage was caused by the state officials’ actions in the domain or in the imperium sphere. This approach allowed, by classifying healthcare professionals as state officials, for a wider application of the principle of equity in compensating damages arising from medical treatment than is the case today. Using a historical-legal method and doctrinal analysis, supported by the case law analysis, the article examines the significance and scope of the application of the principle of equity in the indemnification of medical damages. The aim of the article is to highlight the importance of Article 419 of the Polish Civil Code and the consequences of its repeal for judicial practice in the area of compensation for damages caused during medical treatment.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Michał Białkowski (article) https://creativecommons.org/licenses/by-sa/4.0/
Public Discussion on the 1961 Draft Act on Private International Law
The discussion on the 1961 draft Act on Private International Law, prepared in 1956 by the Private International Law Team of the Codification Commission, constitutes an interesting and thus far insufficiently researched issue in the history of the Polish legal thought. The draft was intended to replace the then-binding 1926 Act on the Law Applicable to Private International Relations, which – despite its significance – had, by the time of the debate, already become outdated in light of the rapidly changing realities of international relations. An analysis of the extent of participation by members of the legal community in the debate, as well as of the views they expressed, reveals that the draft contained many modern solutions aligned with legislative trends in conflict of laws observed in other countries. Critical remarks voiced by participants concerned primarily detailed technical or substantive issues, without calling into question the general structure and underlying assumptions of the draft. These positions played an important role in the further stages of legislative work, serving as valuable comparative material and a source of inspiration for the subsequent versions of the act. Consequently, the 1961 discussion may be regarded as an important stage in the development of the modern Polish private international law, reflecting both the contemporary level of legal reflection and the methods of legislative work in Poland.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Wojciech Wydmański (article) https://creativecommons.org/licenses/by-sa/4.0/
Criminal Proceedings Against Wiktor Boczkowski “Korwin”. Remarks on Michał Wójcik’s Book Rywka. Death with the Golden Braid. War Games of the Polish Underground, Warsaw 2024, 383 pp.
The paper presents a detailed account of the criminal trial against Reserve Lieutenant Colonel Wiktor Boczkowski, alias “Korwin,” who served as an officer in the counterintelligence division of the Polish Underground State during World War II. His primary task was to combat the communist underground activity, which was already gaining momentum in the occupied Poland. After the war, due to his anti-communist efforts, he became one of many heroes of the independence underground persecuted by the new communist authorities of the People’s Republic of Poland. His criminal trial began shortly after his arrest and lasted for over seven years. During this time, “Korwin” remained in custody and was subjected to brutal interrogations. He was tortured, including having his beard burned, in an effort to extract confessions. Ultimately, he was sentenced to 12 years in prison. In 1956,his sentence was reduced to eight years as part of a general amnesty, and he was released. After regaining his freedom, Boczkowski sought to have the case reopened, citing the use of illegal interrogation methods. However, the Supreme Court refused to review the case. Wiktor Boczkowski died in obscurity in 1967, never having been rehabilitated.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Piotr Fiedorczyk (article) https://creativecommons.org/licenses/by-sa/4.0/
The Constitution of the Fourth French Republic (1946) in the Historical Perspective
The French Revolution marked the period of the beginning of the expansion of republican ideas in France, and its achievements include in particular the Declaration of Human and Citizen Rights (1789). The republican constitutional tradition then formed in the period of the Third Republic (1870–1940) and strengthened in the Fourth Republic (1946–1958). The Constitution of the Fourth Republic of 1946, which was the result of a political compromise, deserves attention because it finalises the process of forming the constitutional republican tradition. The Constitution of the Fourth Republic was adopted after a relatively long period of preparation and interim rule. The assumptions of the creators of this constitution were to constitute a departure from the political assumptions of the discredited Third Republic and the practice of applying the material constitution based on the constitutional laws in force at that time. However, it turned out that the departure from the constitutional tradition shaped over decades is not so obvious in practice because of internal premises such as the political system, social consciousness and international premises in the postwar period. These factors ultimately determined the short period of validity of the 1946 Constitution, and the Fourth Republic is treated as another episode in the history of the French constitutionalism. The text is based on scientific literature (Polish and French). In implementing the research assumptions, the dogmatic-legal method and the historical-legal method were used.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Lech Jamróz (article) https://creativecommons.org/licenses/by-sa/4.0/
The Central Administration in the Legislation of the German Occupiers in the General Government in 1939–1944 (Part One)
The functioning of the central administration of the General Government during World War II has not been studied so far. The General Government was established in 1939 by Adolf Hitler as a form of the German occupation of the Polish territory. At the time of its creation, the General Government covered an area of approximately 96,000 square kilometres, which was inhabited by approximately 12 million people. The central administrative bodies during the period covered by Part I of this article (1939–1940) were: the Governor-General, the Deputy Governor-General, and the Head of the General Governor’s Office. They were responsible for a highly fragmented departmental administration. Immediately after the establishment of the General Government, the General Governor’s Office consisted of sixteen so-called “specialist” departments: justice; internal affairs; finance; economy; food and agriculture; forests; price formation; labour; foreign exchange; education, science, and folk education; national education and propaganda; health; construction; postal services; railways; and the special department of the trustee office for the General Government. In addition to the specialist departments, the General Government Office also had six central departments: legislation; office administration; territorial reforms; and the following departments classified as central departments: the General Governor’s Chancellery (formerly known as the Castle Chancellery); the Personnel Office and the Organizational Office. In addition, the UGG included: the banking supervisory office for the GG, the traffic officer, the soil testing office, and the GG’s representative for sports. The author’s aim is to initiate a discussion on the role of this extensive German occupation central administration in the lives of several million people over a period of several years in extreme conditions. The first step in this direction is a quantitative and substantive analysis of the normative acts printed in the official publications of the General Government (from October 26, 1939, to December 1, 1940) relating to the central administration in the GG.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Andrzej Wrzyszcz (article) https://creativecommons.org/licenses/by-sa/4.0/
Private Expert Opinions in Criminal Proceedings – A Historical Overview
The article aims to demonstrate the evolution of criminal-proceeding legal regulations which have been in force in the Polish legislation since 1928, related to private evidence, including the so-called private expert opinions. A private expert opinion is understood as a private document submitted in a criminal proceeding by a non-institutional, private entity (e.g. a defendant or their defender, an aggrieved party or their attorney) to a judicial authority in order to be used in the proceeding and to pursue the legal interest of the entity under consideration. The article presents the essential Polish legal regulations of the Codes of Criminal Proceeding of 1928, 1969, and 1997, referencing private evidence and use thereof in a criminal proceeding, as well as the status of a private expert opinion in the legal regulations under analysis; it presents the views of the doctrine and the case-law in this regard, prevalent at the time. The conducted analysis leads to demonstrating the differences in the status and role of a private expert opinion in criminal proceedings in the aforementioned codes, as well as to showing the evolution of the use of private evidence in criminal proceedings. The study utilised such research methods as the historical comparative legal analysis of the regulations in force in the successive parliamentary acts, supported by an analysis of the case-law and doctrine.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Adrianna Niegierewicz-Biernacka (article) https://creativecommons.org/licenses/by-sa/4.0/
The output of Polish thinkers is a source of interesting scientific concepts and valuable ideas of contemporary relevance. One of them is formulated by an outstanding Polish thinker of the interwar period, Ferdinand Zweig. This author is known as a representative – along with Adam Krzyżanowski and Adam Heydl – of the Cracow school of economics. However, it is also important to emphasise the F. Zweig’s legal education, which largely influenced the interdisciplinary nature of his scientific interests. In his research work, the thinker went beyond the traditional framework of economics, emphasising that many of the problems considered in this field reflect ongoing philosophical disputes, above all axiological and anthropological ones, also concerning the issue of justice and law. The aim of this paper is to introduce F. Zweig’s position, which he himself refers to as neo‑ liberalism, social liberalism or humanistic liberalism. Each of the cited names used by the author emphasises a different aspect of the concept he proclaims. Neoliberalism indicates the distinctness of the presented approach from the traditional understanding of liberalism associated primarily with economic freedom considered as a fundamental value. The adjective “social” indicates the link between individual freedom and concern for the fate of the community within which one functions, which leads to the postulation of pro‑ social political solutions. The term humanistic liberalism, on the other hand, refers to the recognition of man as the highest value and as a being capable of development, striving for perfection and equipped with the ability to exercise freedom.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Anna Kryniecka-Piotrak (article) https://creativecommons.org/licenses/by-sa/4.0/
The Functioning of the Notary Public in Independent Poland in the Years 1919–1939 on the Example of the City of Bialystok
The article touches upon the issues related to the functioning of the notary’s office in the independent Poland between 1919 and 1939 on the example of the city of Bialystok. The main subject of the study was the analysis of the legislation and the archival sources stored in the resources of the State Archives in Bialystok. During the First World War, in 1915, Bialystok was occupied by German troops, who did not leave the city until February 1919. After the Germans left, Bialystok became part of the Polish state, which regained its independence after 123 years of captivity. After Poland regained independence, there were three systems of organisation of notaries in Poland: in the lands of the former Russian partition, the Austrian partition and the Prussian partition. Although these systems grew out of the common roots and traditions of the European notary public, they significantly differed in terms of the principles of functioning, the system of notary public or the status of a notary. The aim of this article is to present the formation of notary institutions and the legal position of the notary based on the Russian Notary Act of 1866. The purpose of the article is to present the functioning of the notary’s office in the post-war Bialystok and to give an overview of the criteria for candidates for notaries at that time, as well as to show how notary offices functioned. The article also analyses the impact of the Russian Notary Act on the self-government and it presents profiles of the selected Bialystok notaries.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Weronika Korsak (article) https://creativecommons.org/licenses/by-sa/4.0/
The Rise and Fall of the Constitutional Tribunal in Austria (1919–1933)
The establishment of the Constitutional Tribunal in Austria was the result of the constitutional evolution that took place in the Habsburg Monarchy in the second half of the 19th century and the change in the form of the state after the end of World War I. The forerunner of the Constitutional Tribunal was the Reich Court (Reichsgericht), which ruled on cases of violations of citizens’ constitutional rights. However, it was not until the Constitutional Tribunal was established at the beginning of 1919 that it was possible to assess the conformity of laws with the constitution. The constitutional position of the Constitutional Tribunal was strengthened in the constitution of 1920. The main author of the constitution, as well as of the act establishing the Constitutional Tribunal, was Hans Kelsen. It should therefore come as no surprise that the Austrian Constitutional Tribunal reflected Kelsen’s model of the constitutional review of law from the very beginning of its existence. Dueto Hans Kelsen’s involvement, the constitutional court began its operations, which became a model solution for European states after World War II. However, at the beginning of the 1930s, due to the dismantling of the democratic structures of the state, the Constitutional Tribunal came to an end in Austria. The article discusses the factors determining the establishment of the Constitutional Tribunal, its position in the constitution of 1920, the changes that took place in the constitutional regulation in the first ten years of the constitution’s validity, and the circumstances that contributed to the decline of the constitutional judiciary in the interwar Austria. The author analyses the evolution of the constitutional provisions defining the constitutional position of the Constitutional Tribunal against the background of the main directions of changes in the political system.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Katarzyna Dunaj (article) https://creativecommons.org/licenses/by-sa/4.0/
Division of Transfers Into Grants and Subsidies in the Polish Law in a Historical and Legal Approach
Poland is one of the few countries that distinguish between grants and subsidies in a normative sense. According to the legal definition of grants, these are funds from the state budget, the budget of the local government units and from the state earmarked funds, subject to special settlement rules, allocated on the basis of laws or international agreements to finance or co-finance the implementation of public tasks. The subsidy has not been defined by the Polish legislator. It is assumed that it differs from a grant primarily in the freedom of disposal of funds by the subsidised entity (generality) and by the objective criteria for determining its amount (objectivity). This division has existed in the Polish law for over a hundred years, dating back to the interwar period. Therefore, there may be an opinion that in the current legal situation, the parallel functioning of grants and subsidies has no reason to exist. The research problem of this work is the validity of the division of redistributive expenses into grants and subsidies in the Polish law from a historical perspective. The aim of the work is an attempt to answer the question whether the Polish division into grants and subsidies was justified in the interwar period and in the period of the so-called People’s Poland, i.e. in the years 1918–1939 and 1944–1989. Due to the subject of the work, scientific research was carried out based on the historical method, as well as on the basis of non-reactive research, i.e. analysis of legal acts, subject literature and case law. According to the adopted research hypothesis, in the Polish law in the years 1918–1939 and 1944–1989, both grants and subsidies did not have a legal definition, functioning side by side without a clear distinction between the two institutions, sometimes even as synonyms.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Łukasz Sowul (article) https://creativecommons.org/licenses/by-sa/4.0/
On Justices of the Peace in the Second and Third Polish Republic – Remarks From a Legal Historian
The article presents work on the institution of justices of the peace in Poland in the years 1918–2021. In the Second Polish Republic (1918–1939), it was conducted in three tracks. The initiator of the first steps consisting in unifying district regulations, reorganising and taking over the judiciary was the government and the Ministry of Justice. The article uses the comparative law, dogmatic and auxiliary-reporting methods. From February 1919, these activities were supported and approved by the Legislative Sejm (later the Sejm). From November 1919, the burden of work was taken over by the Codification Commission of the Republic of Poland. From this point of view, it will allow to resolve the research problem of the article: to what extent the Codification Commission of the Republic of Poland contributed to the formation of the institution of justices of the peace contained in the regulation of the President of the Republic of Poland Law on the System of Courts of February 6, 1928. In the Third Polish Republic (since 1989). The March Constitution clearly defined two forms of participation of the social factor in common courts: justices of the peace and jury courts. On November 4, 2021, the President of the Republic of Poland Andrzej Duda submitted to the Sejm a draft act on courts of the peace and a draft act – Provisions Introducing the Act on Courts of the Peace. Due to this, after more than 100 years, work on the institution of justices of the peace was resumed. The aim of the article is to demonstrate the basic differences and similarities in legal regulations and the functioning of this institution in the Second and Third Polish Republics. The article uses archival materials, minutes of the proceedings of the Codification Commission of the Second Republic, legal literature of the Second Republic and current literature on the subject.
Codification Commission of the Republic of Poland
law on the organization of common courts
justice system in the Second and Third Polish Republic
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Mariusz Mohyluk (article) https://creativecommons.org/licenses/by-sa/4.0/
The Dispute Regarding the Methods of Financing Medical Treatment for Poor Jews in Healthcare Institutions from 1918 to 1925
Until the end of the interwar Poland, the method of covering the cost of treatment in hospitals for poor patients was not uniformly regulated across the country. The Polish legislation normalised the matters in this area in 1926, but only in the territories of the former Russian partition. The purpose of this article, however, is to draw attention to another extremely socially sensitive problem, occurring until mid‑1925 in the former territory of the Kingdom of Poland. Indeed, it was only at that time that the law on covering the costs of medical treatment for poor Jews, who were permanent residents of the communities in the territory of the former Congress Kingdom was passed. It implemented the demands of the Jewish population that the costs of treatment in hospitals for poor Jews should be covered in the manner applied to Christians. This is because the Russian partition authorities established, based on religious criteria, different ways of covering the costs of treating poor patients. This is because they assumed the “spread” of these costs among the members of the Jewish religious community and, in the case of Christians, among the remaining members of the political community. This dissimilarity turned into inequality, to the detriment of the Jewish population, when the political communities departed from the system of “spreading” these costs and paid them (for Christians) out of the community budget, when for poor Jews they were still paid by the religious community. The issue has escalated since public health care came under the authority of the political community, as previously anticipated by the municipal ordinance of 19 June 1915 for territories pertaining to areas of the Russian Poland under the German administration, and subsequently by the decrees of 4 February 1919, regarding the municipal and district self‑government. Subsequently, the expenses associated with the treatment of poor Christians were typically financed through the budget of the political community, whereas, in the case of Jews, such costs continued to be borne by the religious community. Members of this community undertook financial responsibilities on behalf of the political community, in a manner consistent with the obligations of all its members. This is because, despite the protests of the Jewish circles, the Interior Ministry still took the position that in the matter of paying for the hospital treatment of poor Jews, the previous regulations from the time of the Kingdom of Poland should be applied in their entirety. A change in this position and the payment of medical expenses in hospitals for poor Jews, in the manner applied to Christians, was enforced by the Constitution of 17 March 1921.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Andrzej Witkowski (article) https://creativecommons.org/licenses/by-sa/4.0/
The Construction of the Title of a Normative Actin Polish Legislative Practice in the Years 1918–1920
The title of a normative act, although lacking normative power, constitutes one of the key elements in the structure of any legal act. It serves several essential functions: informational, organisational, indicative, and formal. Its proper construction supports, among other things, legislative processes, the application of law, and its interpretation. The aim of this article is to examine how the titles of normative acts were shaped during the initial period of the modern Polish legislation, i.e. in the years 1918–1920, when there was a lack not only of formally established rules of legislative technique, but also of well -established and permanent practices in the law-making process. In order to identify the roots of possible practices and models, the article briefly outlines the construction of the titles of normative acts as they appeared in the official journals of the partitioning powers. Subsequently, an analysis was carried out of the acts published in the Journal of Laws of the Kingdom of Poland/of the Polish State (Dziennik Praw Królestwa Polskiego / Państwa Polskiego) and in its successor, the Journal of Laws of the Republic of Poland (Dziennik Ustaw Rzeczypospolitej Polskiej), in order to determine what editorial practices were employed at the time and which of them survived and became embedded in the later law-making norms. The article focuses on analysing the structure and arrangement of the elements comprising the title of the act, rather than on the issue of formulating the subject of regulation. The research was conducted using historical and comparative methods, and the results are presented in the form of tabular and descriptive summaries. Particular attention is given to the extent to which the practices of that period influenced the development of the Polish principles of legislative technique adopted in 1929.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Bartosz Kamil Truszkowski (article) https://creativecommons.org/licenses/by-sa/4.0/
A Little‑known Lublin Episode in the Biography of Professor Stanisław Zachorowski – The Cracow Legal Historian
Among the rich archives of the John Paul II Catholic University of Lublin, there is a handlabelled folder titled “Profesorowie zaproszeni, lecz nie wykładali” [The Invited but Never Lecturing Professors]. The folder contains the records of Prof. Stanisław Zachorowski. The scholar was predominantly associated with Cracow and its university throughout his academic career. Zachorowski’s strong affiliation with Cracow and its academia apparently overshadows his connection with the University of Lublin, established in 1918. The aim of this article is to shed light on a little-known episode in the life of Professor Stanisław Zachorowski, a scholar from Cracow. It focuses on the circumstances of his employment, on his attempts to assume academic responsibilities, and on the sudden and unexpected termination of his work at the Catholic University of Lublin. This examination of an otherwise obscure topic not only provides insight into certain aspects of Zachorowski’s fascinating biography but also shows the processes involved in establishing new academic structures in the newly reborn Republic of Poland after World War I. The article casts some light on this lesser-known episode in the life of the Cracow-based professor. Although his premature death may render this connection seemingly formal or symbolic, it undeniably bore profound implications for the Lublin institution of higher education, both during Zachorowski’s lifetime and in the period that followed. The text is structured into two segments. The first one looks at the professor’s academic development and advancement up the university ladder. Interestingly, Zachorowski’s early scholarly pursuit was philosophy at the Jagiellonian University. Only later, under the mentorship of the distinguished scholar, Prof. Bolesław Ulanowski, he refocused towards the history of the ecclesiastical law, eventually expanding his research by the history of the Polish law. The second segment explores the less-known Lublin stage of Zachorowski’s career. At some point, he decided to assume his academic responsibilities in Cracow and Lublin at the same time. Despite confronting severe health challenges, the professor remained steadfast in his dedication to the academic service, undertaking ambitious pedagogical and research initiatives. This article is grounded in an analysis of archival materials and relevant scholarly literature. The files were sourced from the university archives of the Catholic University of Lublin [AKUL] and the Jagiellonian University [AUJ]. The Cracow archival material offers a holistic perspective on Zachorowski’s professional endeavors at the Jagiellonian University (AUJ, WF II 504, teczka doktorska Stanisława Zachorowskiego; AUJ, S II 619, Zachorowski Stanisław. Docent prywatny; AUJ, WP II 138, Teczka habilitacyjna Stanisława Zachorowskiego). The materials found inLublin proved particularly valuable for the study (AKUL, sygn. 86, Profesorowie zaproszeni lecz niewykładali, Stanisław Zachorowski). The sources had been hardly studied before. The materials contain correspondence between the rector of the Lublin school and the Cracowprofessor, plans for classes to be taught, the proposed scope of lectures, and arrangements regarding Zachorowski’s trips to Lublin. Additionally, the records reveal the full account of letter and wire exchange which chronicles the progression of professor’s illness and its profound impact, not only on the new Lublin university but also on his family: the wife and children. The following archival collections were also explored for the sake of a thorough analysis: AKUL, sygn. 2, Rep. 124, Zespół Przedwojenny. Erekcja Uniwersytetu Lubelskiego i ogólna organizacja od 1918; tamże, sygn. 24 I, Zespół Przedwojenny (1918–1939), Protokoły plenarnych posiedzeń [Wykładających] i Senatu [Akademickiego] UL.1918–1926 [niepełne], b.p.; tamże, Dąbkowski Przemysław, A-br.; Archives of the Polish Academy of Sciences [APAN], sygn. III-98, Materiały Rafała Taubenschlaga, Pamiętniki z lat 1881–1947, mps. Notably, it was the first comprehensive compilation and use of archival materials related to Professor Zachorowski. The study employs a historicallegal methodological approach.
the period of the Second Polish Republic
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Magdalena Pyter (article) https://creativecommons.org/licenses/by-sa/4.0/
From Lenin to Putin. From the Circle of Russian Legal Tradition
The author shows the history of Russia over several centuries. He points out that for several centuries Russia was ruled by a dictatorship (in Russian it was called the tsar’s self-rule). A feature of Russia’s political culture has long been the dictatorship of the ruler. The tsars of the Russian Empire even effectively subjugated the Orthodox Church. The events of the 20th century are therefore not unique in the Russian history. Lenin invented the institution of professional revolutionaries. This is how the Soviet Communist Party was structured: like a professional army led by chiefs. From the first weeks of his seizure of power, Lenin ordered the political police to be put into operation. Its head and creator was Feliks Dzerzhinsky, a Bolshevik of the Polish origin. Stalinism was a continuation of Leninism. Under Stalin, the political police played the most important role in the state. The author shows the path that Vladimir Putin, a high political police officer, took to power. It shows how Putin was able to transform the power of the President of the Russian Federation into absolute power and how he is aiming to reactivate the Soviet empire.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Adam Lityński (article) https://creativecommons.org/licenses/by-sa/4.0/
Necessity as a Legitimization of the Actions of State Bodies in Switzerland
In Switzerland extraordinary powers exercised on the basis of the constitution, and, if necessary, without a constitutional basis, have taken the form of the law of necessity (Notrecht), which is the equivalent of the state of emergency in other countries. The constitutions of the Swiss Confederation (from 1874 and the currently applicable constitution of 1999) are unknown to the institution of the state of emergency in the form that occurs in other European countries. This is mainly due to the fact that in the nineteenth-century Switzerland, the state of siege, which originated from the period of the French Revolution, was not adopted. The threats related to the outbreak of World War I and II contributed to the development of the concept of necessity, which is to legitimise the actions of state bodies (especially the Federal Council) in conditions that justify the introduction of a state of emergency in other countries. On two occasions (in 1914 and 1939) the Federal Council received authorisation from the Federal Assembly to take all the necessary measures, including legislative measures, in order to ensure state security (Vollmachtenregime). Criticism of this state of affairs contributed to the improvement of the design of urgent legislation, which enables the parliament to take rapid legislative action if necessary. Urgent legislation was already known in the original version of the constitution of 1874, but it was not until 1949 that it was given the form that was adopted in the constitution of 1999. The Federal Council was also authorised in the current constitution to issue emergency regulations.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Krzysztof Prokop (article) https://creativecommons.org/licenses/by-sa/4.0/
From the History of Contracts for the Benefit of a Third Party – The Entity Entitled to Demand Performance
A contract for the benefit of a third party is one of the fundamental constructions of the civil law, which has been shaped through centuries of evolution, at the beginning of which there was the opposing Roman principle of alteri stipulari nemo potest (no one can stipulate for another). In order to fully understand the dogmatic construction of that contract, it is necessary to know its historical evolution, because the vast majority of the currently controversial issues stem from centuries‑long debates over the recognition of this institution and the specifics of its structures. One such issue was determining who acquires the claim against the debtor for the fulfilment of the agreed performance. It was not until the 19th century that it was definitively established that this claim was acquired by the third party directly from the contract, without the need for acceptance of the contract, its ratification, accession to it, or the transfer of the claim arising from it. However, the question arises whether this claim is available solely to the third party, to the stipulating creditor as well, whether it can only be available to that creditor and whether, if it is available to the creditor, he has the right to demand performance in his own favour. A further issue concerns whether the parties should explicitly specify who is entitled to the claim and, if applicable, under what conditions. Additionally, the question arises whether a presumption can be established that the claim belongs to the third party, the creditor, or both. I address these issues in their historical development, starting from the Roman law, where contracts for the benefit of a third party granted rights to that third party only in very exceptional cases, through all subsequent epochs of the private law development, with particular emphasis on the German Pandectist School and the proposals made during the work of the codification commissions for the German Civil Code, as well as the interpretation of Article 92 § 1 of the Polish Code of Obligations.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marek Sobczyk (article) https://creativecommons.org/licenses/by-sa/4.0/
The Functioning of the Notary in the Duchy of Warsaw
The aim of this study is to present the actual functioning of the French notary model in the Duchy of Warsaw. The article presents both notarial activities carried out on the basis of Frederick Augustus’ decrees from 1808–1809 and those performed by notaries free of charge. The author also tried to discuss factors that hindered their work, including a lack of stamp paper and the unavailability of many documents. Despite their status as public officials, notaries did not receive remunerations from the state budget. Therefore, it was necessary to describe their sources of income and the resulting financial status. In determining it, factors such as the number of the drawn up notarial deeds , the remuneration rate, and the fixed costs associated with running a notary’s office were taken into account. The location of notaries’ offices was also analysed in detail, as was the implementation of the obligation to archive documents. In addition, the procedure for dealing with vacancies in the positions of notaries in individual districts has been taken into account. The article used a historical-legal method, and the main part of the findings was based on handwritten and typewritten materials from 14 archives located in the areas of the former Duchy of Warsaw, including those located in: Warsaw (the Central Archives of Historical Records in Warsaw and the State Archive in Warsaw), Cracow, Czestochowa, Radzyń Podlaski (branch), Tomaszów Mazowiecki (branch), Kutno (branch), Siedlce, Grodzisk Mazowiecki (branch), Łowicz (branch), Mława (branch), Otwock (branch), Pułtusk (branch) as well as in Zamość). The published sources, legal acts and the most important literature on the subject were also consulted.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Oskar Kanecki (article) https://creativecommons.org/licenses/by-sa/4.0/
Reichsidee and Reichstag in the Phase of Immerwährender Reichstag in Regensburg (1663–1806)
After the end of the Thirty Years’ War in 1648, concluded with the Peace of Westphalia, the Holy Roman Empire of the German Nation entered a new phase of its existence. From 1663 to 1806, its central governing body became the so-called Perpetual Diet of the Empire (Immerwährender Reichstag), a permanent assembly composed of the representatives of princes, of bishops, of free imperial cities, and of other Imperial Estates (Reichsstände). Based in Regensburg, this body functioned without interruption for more than 140 years, serving as a forum for negotiations, dispute resolution, and the coordination of policies within the territorially fragmented Empire. The Peace of Westphalia not only brought an end to the long and devastating conflict between the Catholic League and the Protestant Union but it also cemented the religious and political division of the Empire. Internal disputes gave way to a system of balance between confessions, while the imperial authority was curtailed in favour of the autonomy of individual principalities, of electorates, and of free cities. From the medieval idea of the Empire (Reichsidee) – as a universal Christian empire – there remained primarily the symbolic authority of the emperor, grounded in tradition and ceremonial, yet diminished in the sphere of practical politics. Participants in the political life of the Empire primarily sought the preservation of peace, the protection of their estate rights, and economic security. For some, the idea of the Empire still signified a cultural and legal community rooted in the heritage of the Roman Empire; for others, it was more a mechanism for maintaining the balance of power and for safeguarding autonomy against external interference. Thus, in the period after 1648, the Holy Roman Empire evolved into a federal, multi-confessional, and multi-ethnic structure, enduring until its dissolution in 1806 under the impact of the Napoleonic Wars.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Martin Löhnig (article) https://creativecommons.org/licenses/by-sa/4.0/