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.
Chronicle of the Bialystok Legal Historians Community (2024)
The scientific activity of the Białystok community of legal historians in 2024 was reflected in articles published in scientific journals and included in collective works. An important aspect of this activity was also participation in national and international scientific conferences, combined with the presentation of papers.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marcin Łysko (article) https://creativecommons.org/licenses/by-sa/4.0/
The reviewed collective book Конституционный Суд России: осмысление опыта [The Constitutional Court of the Russian Federation: An Interpretation of the Experience] is an exhaustive, multi‑faceted study of the evolution of Russia’s constitutional judiciary from the final years of the USSR to the 2020 constitutional reform. The volume, comprising 15 chapters, examines the legal foundations of the organization and functioning of the Constitutional Court of the Russian Federation, its competences, key jurisprudence, relations with the executive and legislative branches, as well as ethical and social issues linked to its activity and its role within multilevel constitutionalism. The authors propose the thesis, presented by Andrei Mesushevsky, the editor of the book and an outstanding scholar, of a constitutional cycle in Russia, highlighting the gradual shift from a liberal rule‑of-law model to an authoritarian system of governance. Generally, all chapters of the book confirm this thesis by demonstrating that the erosion of an independent constitutional judiciary has been caused from the outside (i.e. other branches of powers), from the inside (through certain attitudes of judges and how they adjudicate) and with a relatively passive attitude of the Russian society, which, lacking a rich experience of functioning in the rule of law, first of all fails to understand the relevance of the Constitutional Court in the system of state organs. The work deserves high praise for both its scholarly rigour and its courage in addressing topics uncomfortable for the authorities, especially given the conditions of censorship in Russia. The publication is a valuable resource for lawyers and political scientists studying Russia’s constitutional transformation and mechanisms of constitutional review in authoritarian systems.
constitutional law of the Russian Federation
problem of judicial independence in non-democratic states
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Rafał Czachor (article) https://creativecommons.org/licenses/by-sa/4.0/
The Evolution and Functions of the Presidency of the Council of the European Union – An Analysis of Polish Experiences from 2011 and 2025
The modern presidency of a Member State of the Council is one of the mechanisms of the EU’s political architecture, having existed de facto since the establishment of the first European Community. Over the decades of the EC/EU’s existence and development, the role and significance of the presidency system have evolved. Significant changes in this regard were brought about primarily by the Treaty of Lisbon, signed on 13 December 2007, amending the Treaty on European Union and the Treaty establishing the European Community (the so‑called Treaty of Lisbon), which finally entered into force in 2009. The Republic of Poland, which joined the European Union on 1 May 2004, has held the Presidency of the Council twice – in the second half of 2011 and the first half of 2025. Both periods coincided with significant moments in the development of European integration. Both periods also coincided with difficult times from the perspective of European (and global) politics and the challenges that the modern world had (and still has) to face. The first Polish Presidency took place amid the European financial crisis, the onset of the migration crisis in Europe, and the implementation of sweeping reforms resulting from the entry into force of the Treaty of Lisbon. The second, however, fell during the ongoing war in Ukraine (and therefore in the immediate vicinity of Poland and the EU), the second – in many ways unpredictable – presidency of Donald Trump in the United States, and numerous threats to European security (including cybersecurity). The primary objective of this article is to analyze the evolution of the Presidency of the Council and to present the Polish experience, with particular emphasis on the implementation of the priorities and challenges faced by both Polish Presidencies in the context of changing conditions in Europe. The research material that forms the basis for this discussion primarily encompasses the sources of European Union law, which address issues falling within the scope of research at various levels, from the founding treaties, through binding acts of secondary law, and non‑binding resolutions. The analysis also encompasses working documents of EU institutions and bodies, as well as other entities. The article also refers to scholarly literature, predominantly in Polish. The analysis of the evolution and function of the Presidency of the Council, along with the presentation of Polish experiences from 2011 and 2025, required the use of a range of research methods. In its broadest sense, this article employs historical‑legal and comparative‑legal approaches. It should be noted that a political science approach was also employed, allowing for an analysis of the practical operation of the discussed solutions, based on available reports and statements. Furthermore, theoretical‑legal and formal‑dogmatic approaches were also employed.
development of the Presidency of the Council system
functions of the Presidency of the Council
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Mateusz Ziemblicki, Justyna E. Kulikowska-Kulesza (article) https://creativecommons.org/licenses/by-sa/4.0/
The Development of the Legal Status of the Data Protection Officer in Poland
The legal status of the Data Protection Officer has evolved since the introduction of personal data protection regulations. This article discusses how this role has developed and changed since the introduction of the Information Security Administrator function in Polish law, up to the introduction of the directly applicable GDPR regulations governing the legal status of the Data Protection Officer. Since 2018, issues relating to personal data protection have been mainly regulated by EU law. The article discusses issues related to the appointment, tasks and other requirements aimed at ensuring the proper performance of their tasks by persons holding this position. The research hypothesis assumes that the legal status of the Data Protection Officer has evolved over time and is currently of a mixed nature (internal‑ external). It presents important guidelines for interpreting legal provisions concerning the protection of personal data in the discussed area, as well as good practices for applying legal provisions in practice. The article employs dogmatic‑ legal, historical legal and case law analysis methods, as well as analysing decisions made by supervisory authorities, and guidelines and opinions issued by bodies responsible for personal data protection in Poland and the European Union. These methods were employed to verify the research hypothesis presented in the article. This article is of significant importance in determining the legal status of Data Protection Officers, affecting the interests of those in this profession and the fulfilment of obligations imposed on Personal Data Controllers and Processors who employ them.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Katarzyna Siemion (article) https://creativecommons.org/licenses/by-sa/4.0/
The Relevance and Application of the Maxim Facultas Probationum Non Est Angustanda in the Polish Criminal Procedure
Roman law constitutes the foundation of European legal culture and its principles – preserved in legal maxims and aphorisms – remain relevant within the Polish legal system. This article seeks to analyze the contemporary meaning and application of the Roman maxim facultas probationum non est angustanda (the possibility of presenting evidence must not be restricted) in the context of Polish criminal procedure. The aim of the study is to determine whether and to what extent this principle is reflected in the jurisprudence of criminal courts, as well as the degree to which its essence has been constrained by current procedural regulations. The adopted research hypothesis assumes that the significance of the maxim has been narrowed in modern practice, and that judicial interpretation departs from its classical, Roman understanding. To verify this thesis, the study employs historical‑legal and dogmatic‑ legal methods, enabling the analysis of both Roman legal sources and contemporary case law. Additionally, functional and teleological methods were applied to examine how the principle of evidentiary freedom is implemented in procedural practice. The analysis demonstrates that, although the maxim facultas probationum non est angustanda does not appear expressis verbis in statutory provisions, its substance is clearly reflected in the principles of Polish criminal proceedings – particularly in the parties’ right to initiate evidence and in the absence of a closed list of admissible evidentiary means. At the same time, numerous statutory restrictions – such as evidentiary prohibitions and the grounds for rejecting motions for evidence provided in Article 170 of the Code of Criminal Procedure – lead in practice to the limitation of the idea embodied in this maxim. In particular, the examination of Supreme Court and common court judgments confirms that evidentiary freedom is often curtailed for pragmatic reasons, thereby weakening the full realization of the Roman principle. The article thus reveals that, although the Roman legal tradition continues to exert a strong influence on contemporary criminal law, its universal principles undergo reinterpretation and adaptation to the needs of modern procedure. Reflection upon the meaning of facultas probationum non est angustanda highlights the inherent tension between the ideal of material truth and procedural pragmatism, offering a contribution to the ongoing discourse on the boundaries of evidentiary initiative in criminal proceedings.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Zuzanna Kaja Fliszkiewicz (article) https://creativecommons.org/licenses/by-sa/4.0/
Activities for the Independent Existence of the Polish State in the Light of the Jurisprudence of Criminal Courts
This article analyses the concept of activities for the independent existence of the Polish State in the light of the current jurisprudence of Polish criminal courts. Selected judgments were presented in which the courts decided whether certain behaviours and actions could be considered as a manifestation of the struggle for the sovereignty of the state and whether they met the conditions provided for in Art. 1 section 1 of the Act of 23 February 1991 on the recognition as invalid of judgements issued against persons repressed for activities for the independence of Poland, convicted by the courts and security organs of the communist state for activities incompatible with the ideology of the authorities of the Polish People’s Republic related to the desire for the independence of Poland. The analysed regulation allows the State Treasury to award compensation for the damage suffered and compensation for the harm suffered resulting from the issuance or enforcement of a decision. The competent and entitled authority awarding these damages or redress is the district court or military district court which issued a declaration of invalidity. The proceedings are based on the provisions of Chapter 58 of the Code of Criminal Procedure on compensation for wrongful conviction, pre‑trial detention or detention. The concept of acting for the independent existence of the Polish state is therefore crucial in the context of declaring judgments invalid and awarding compensation and compensation based on the so‑called February Act. It indicated how criminal courts assess the motivation and nature of acts that in the past were classified as crimes against the communist regime, and which are now considered to be acting in a just cause – defending independence, democracy and human rights. The analysis includes selected decisions of district, appellate and Supreme Court courts. The study also cited examples of the most interesting facts that were the subject of hearing by criminal courts that decided cases based on act.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marta Mozgawa-Saj (article) https://creativecommons.org/licenses/by-sa/4.0/
Recognition as Invalid of Judgments Issued Against Persons Repressed for Activities in Favour of the Independent Existence of the Polish State
The purpose of this article is a detailed analysis of the Act of 23 February 1991 on the recognition as invalid of judgements issued against persons repressed for activities for the independence of Poland in the field of rehabilitation proceedings. The article presents the genesis of the Act’s enactment, its historical context and the practical aspects of its application. The introduction to the subject matter includes an overview of the political changes in Poland after 1989, which led to the necessity of making settlements with the past and redressing the wrongs caused by the repressive apparatus. The research draws on a wide range of sources, including, above all, a wealth of judicial decisions, as well as literature on the subject and legislative documents. The research methodology includes a legal and historical analysis to understand the legislation and its impact on rehabilitation proceedings. The article aims not only to provide the historical background of the law’s enactment, but also to show its relevance for those who have been victimised. The reader will find information that shows how such a law has contributed to redressing injustice and restoring dignity to those wrongly convicted. This article shows how the law can be an instrument of justice and how important it is to come to terms with the past in order to build a future based on respect for human rights and dignity.
reparation for harm associated with repression
activity for the independent existence of the Polish state
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Magdalena Zamroczyńska (article) https://creativecommons.org/licenses/by-sa/4.0/
A Useful Lesson in Good Legislation Needed Today. On Recognizing Public Health in the 1970 Draft of the Code of Misdemeanor
Public health undoubtedly constitutes a legal good of paramount importance for the proper functioning of the individual and the state. Its recognition and correct interpretation should lead to the construction of regulations of various branches of law, the purpose of which would be to protect this legal good and strive to maintain the highest possible level of health in social terms. One aspect of the protection of public health is the prohibited acts stipulated in the Code of Misdemeanor. In the course of legislative work on the original version of this code, the idea of offenses against public health appeared, which was in keeping with the persistent interwar tendency to indicate this legal good explicitly also when naming the relevant state offices. However, this idea was abandoned in favor of the more general term “health.” The research problem indicated in the title prompts reflection on the correct interpretation of the provisions of the Code of Misdemeanor typifying acts against health, among which offenses against public health should be noticed. The need to draw attention to and arouse scientific discussion of this issue also has a practical dimension in light of current threats to public health. The realization of the scientific goal results from the application of formal‑dogmatic and historical‑legal methods, as well as the analysis of literature and judicial case law.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Sebastian Czechowicz (article) https://creativecommons.org/licenses/by-sa/4.0/
On the Application of the Philosophy of Ordinary Language to the Study of Law – Causation In The Law by Herbert L. A. Hart and Tony Honoré
The purpose of this article is to present the work of British lawyers H.L. A. Hart and T. Honoré titled Causation in the Law, first published in 1959, as a model example of the application of the methods of analytic philosophy – especially its soft version, called “ordinary language philosophy” – to the study of law. This work is an example of a specific view of legal problems, it is an attempt to solve legal problems “in the perspective of philosophy.” The article recalls the basic assumptions of analytical philosophy as the background of which the solutions adopted by the authors of Causation... are presented. The authors of the paper on the concept of causation in law are guided by the conviction that the existing definitions of causation do not fully and always work in legal practice. Hart and Honoré accept that the concept of causation used in law so far is too limited and propose a much broader approach. The authors, doing justice to the general rules of analytical philosophy, carry out the work using the “small steps” method – they study the concept of causation in law in depth, analyze hundreds of cases from different fields of law and different legal orders, and their goal is to develop a new, richer and inspiring concept of causation. The concept of causation presented in the book is not uniform, it is a whole group of concepts centered around the central idea of causality, understood as a physical manipulation or intervention, with all peripheral understandings of causality in some sense relating to the central understanding. This new conception of causality, which is different from previous approaches and strongly rooted in philosophical assumptions, has become the inspiration and starting point for contemporary authors addressing the topic of causation in law.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Katarzyna Doliwa (article) https://creativecommons.org/licenses/by-sa/4.0/
The Legal Model for the Sale of State‑Owned Agricultural Properties in Poland in the Years 1958–1991
In the initial period of the People ’s Republic of Poland, the process of acquiring agricultural land owned by the state by farmers and other entities was subject to public law regulations – of particular importance were, of course, the provisions concerning the agrarian reform and settlement in the Recovered Territories. Civil law mechanisms were not introduced into the legal framework of this area of social relations until 1958. At that time, a mixed model for the disposal of state‑ owned lands accumulated in the State Land Fund (PFZ) was developed, one that would remain typical throughout the entire PRL period, combining elements of administrative and civil law. The acquisition of agricultural property was based on a civil law sales agreement, but its conclusion had to be preceded by the issuance of an administrative decision designating the property’s purchaser. In 1990, in addition to the existing mixed procedure, an alternative procedure for the disposal of PFZ property through a tender, governed solely by civil law, was introduced into Polish law. This regulation anticipated the regulations governing the tender procedure for the sale of state‑ owned agricultural properties by the State Treasury Agricultural Property Agency (later, the Agricultural Property Agency, its legal successor, and the National Support Center for Agriculture), which remain in force until today (after the liquidation of the PFZ), and are subject to relatively frequent amendments. This article analyzes the legal solutions for the sale of agricultural properties from the State Land Fund through a sales agreement, taking into account the doctrinal views and case law of the Supreme Court, the Supreme Administrative Court, and the Constitutional Tribunal. Due to the variability of legal regulations regarding specific solutions, the focus is primarily on the structural issues that determine the specificity of the legal model adopted by the legislator.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Rafał Michałowski (article) https://creativecommons.org/licenses/by-sa/4.0/
The Fate of Father Józef Majewski and the Significance of His Letter to the Editorial Board of “Kultura”
The article addresses one of the key documents that have shaped the Polish Eastern doctrine. It is based on the new archival studies as well as the author’s previous research. Priest Józef Majewski, the author of List do redakcji „Kultury” [Letter to the Editorial Board of “Kultura”], was born in 1928 in Husiatyn, in the eastern part of the Second Polish Republic, and died in 2020 in Beckon, United States. His life experiences included a soviet deportation and, subsequently, emigration to Africa, the United States, and Canada. In the 1950s, Jerzy Giedroyc, the editor of “Kultura”, fruitlessly searched for an author of the editorial that would present the political arguments for a new approach to Polish eastern policy in the complicated political environment. The potential theses of such an article had to balance the positions of the Polish government‑in-exile in London and the communist government of the Polish People’s Republic. Majewski’s Letter to the Editorial Board of “Kultura”, written and published in 1952, became a pretext for Jerzy Giedroyc and the editorial board of “Kultura” to formulate a new line for the journal based on the postulate of accepting the post‑war borders of Poland. That, in turn, was an implied and necessary condition of the participation of the (future) free Poland as well as Ukraine (after the assumed collapse of the Soviet Union) in the European integration. The journal’s new political line, formulated after 1952 by Juliusz Mieroszewski, one of the two main publicists of Kultura, and Jerzy Giedroyc himself, became the basis of the political doctrine of the Third Polish Republic post‑ 1989. After writing the letter to “Kultura”, Priest Majewski did not publish again and did not participate in Polish public life, neither in the country nor outside of its borders.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Paweł Kowal (article) https://creativecommons.org/licenses/by-sa/4.0/
The Beginnings of the Common Judiciary in the So‑Called Recovered Territories in the Light of Selected Memories of Justice Employees
The process of building the structures of the common judiciary in the so‑called Recovered Territories has been gaining increasing interest from Polish legal historians and historians for several years. So far, works have been published dedicated to court rulings, especially in criminal cases, the structures of the judiciary and the prosecution, as well as the personal composition of courts and prosecutors operating after World War II in the Western and Northern Territories. However, there is a lack of works that allow for a perspective on the process of creating structures of the Polish common judiciary in the territories incorporated into the Polish state after World War II from the viewpoint of justice system employees, rather than solely from the perspective of official provenance materials, such as, for example, reports sent to the Ministry of Justice. It is worth emphasizing that an interesting source in this case may be the diaries of lawyers, judges, prosecutors, and court administration staff sent to diary competitions organized during the period of the People’s Republic of Poland by various institutions. In this paper, the memoirs of justice system employees found in the archives of the Western Institute in Poznań were utilized. The aim of the article was not only to attempt to illustrate the process of building the structures of post‑war common judiciary in the Western Territories from the perspective of employees of the courts at that time, but also to indicate that materials such as diaries can serve as an important and valuable supplement to the existing knowledge about the processes occurring within the broadly understood administration and judiciary structures in the People’s Republic of Poland in its early functioning in the so‑called Recovered Territories.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Karol Siemaszko (article) https://creativecommons.org/licenses/by-sa/4.0/
The Right to Defense at the Threshold of Criminal Proceedings.Considerations on the Status of a Suspect in Polish Criminal Procedural Law – A Historical Perspective from 1928
The right to defense is one of the fundamental pillars of the criminal process, constituting an important element of human rights protection. Its scope and application have evolved over the years, especially in the context of suspects before formal charges are presented. The aim of this article is to analyze the historical development of the right to defense in the initial phase of criminal proceedings and to assess the extent to which current regulations comply with the standards of international law and the principles of fair trial. In the Polish legal system, this right results from the Constitution of the Republic of Poland, the Code of Criminal Procedure and acts of international law, including the European Convention on Human Rights. Despite these guarantees, determining the moment from which a suspect acquires the right to defense has remained problematic for years. The article attempts to organize the terminology and presents the evolution of this issue from the interwar period to contemporary proposals for legislative changes. Particular attention was paid to the work of the Criminal Law Codification Commission, which in its projects envisages expanding the definition of a suspect, which will affect their procedural situation. The new definition of this category may constitute a significant step towards increasing the legal protection of persons who have so far been in a kind of “grey zone” of criminal proceedings, without formal procedural guarantees. The article uses the dogmatic‑legal and historical‑legal method, which allows for tracing changes in the right to defense from the interwar period to the present. The analysis of historical and contemporary regulations allows for an assessment of whether the proposed legislative changes can effectively fill the existing legal gaps and strengthen the procedural protection of suspects.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marta Roksana Jasińska (article) https://creativecommons.org/licenses/by-sa/4.0/
Share in the State Income Tax Revenues and Additional Allowances Benefitting Local Government Associations in Interwar Poland
The legislation regulating the systematic sources of revenues for the budgets of local government associations in interwar Poland was of temporary nature, it lacked stability and in fact, sometimes laws were introduced ad hoc; this resulted in continuous attempts to find definitive solutions; however, these were not adopted before September 1939. The same comment is largely true as regards the legal construct (for the share in the revenues and municipal allowances) making it possible to partly designate the state’s income tax revenues to the budgets of local government associations. These two forms of income for the budgets of local government associations were the most convenient and the least costly way for the latter entities to acquire resources for financing their increasingly complex tasks. An analysis of the changes in the legal construct which made it possible to designate a part of the state’s revenues from income tax to the budgets of local government associations shows that the dominant form, both in terms of the scale and the territory (the whole country), involved revenue sharing which resembled a grant from the State Treasury. However, there were attempts to incorporate certain incentives into the mechanism, prompting specific local government associations to make effort towards an increase in the state’s revenues from income tax at their territories. Likewise, attempts were made to reasonably divide the share in the revenues, if the headquarters of the taxpayer entity and the sources of its income were situated in the territories of different local government associations. Income tax revenue sharing was of major importance for the budgets of independent townships since the amount exceeded their revenues from autonomous taxes. Furthermore, the right to designate a municipal allowance in addition to the state income tax was awarded only to the communes and district local government associations within the Poznańskie, Pomorskie as well as Upper Silesia part of the Śląskie voivodships. This situation resulted from the failure to successfully amend the Act on the temporary regulation of municipal finances (attempted in 1923, 1936 and 1937), which aimed to introduce this form of revenue acquisition as a common practice to be applied by local government associations, and which would have left it at the discretion of their constituent body to impose additional burden (in line with the statutory limits) on the taxpayers at their territory.
share in income tax revenues and municipal allowances
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Andrzej Witkowski (article) https://creativecommons.org/licenses/by-sa/4.0/
Legal and Organizational Conditions of Health Care in the Second Polish Republic at the Central Level
This text is devoted to selected issues of the functioning of health care in the Second Polish Republic at the national level. The aim of the article is to characterize the organization of health care in the interwar period. The work covers the period from 1919 to 1939, i.e. from the moment the reborn Polish state took over, by showing the dynamics of changes in the subsequent years of the functioning of the Second Polish Republic, until September 1939. The formation of the central organs of state health care and the sanitary and epidemiological situation will be discussed in relation to the political, socio‑economic situation of the Polish lands. The research questions posed in this publication aim to answer the questions about how quickly after World War I it was possible to create legal foundations for the functioning of the health care system in Poland. Why was the Ministry of Public Health liquidated in the face of such a difficult health and sanitary situation in the post‑war period? Was it possible to cover the entire country, previously divided by various laws of the occupying powers, with one common sanitary legislation? And finally, did the created health care system fulfill the tasks assigned to it? This paper uses materials produced by the Polish administration of the north‑eastern territories in the interwar period, stored in the Republic of Belarus: in the State Archive of the Grodno Region in Grodno (Dzierżauny Archiu Hrodzienskaj Voblasci) and the State Archive of the Brest Region in Brest (Dzierżauny Archiu Breskaj Voblasci). The Lithuanian Central State Archive in Vilnius (Lietuvos Centrinis Valstybės Archyvas) was also included in the research. In the case of all three archives, the largest amount of material was obtained from the collections relating to the provincial offices. The paper also uses memoir‑type literature. These were memoirs and diaries of doctors working in Poland in the interwar period. The foundation of the analysis is the normative acts from the interwar period.
health care in the Second Polish Republic
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Agnieszka Daniluk, Magdalena Lewonowska (article) https://creativecommons.org/licenses/by-sa/4.0/
Customary Law and Custom: Customary Inheritance Practices among Peasants in the Second Polish Republic
The article is divided into four parts. The first addresses the concepts of custom and customary law and discusses theoretical and historical legal concepts related to the validity of customary law, including the doctrine of desuetudo (disuse), which also applies to statutory law. The second part of the article is centred around the inheritance law in the Second Polish Republic, where the four former partitioned territories operated under distinct legal regime, i.e. the German Civil Code, the Napoleonic Code, the Austrian Civil Code, and the Russian Digest of Laws. The third part examines the customary inheritance practices among the peasant population in these territories. Notably, these customary practices governed inheritance among approximately 60 percent of the population in interwar Poland, often differing significantly across regions – even within the same legal jurisdiction. The summary examines the impact of customary inheritance practices among peasants on the structure of rural holdings and legislative efforts to preserve their indivisibility and establish separate inheritance frameworks. These customary inheritance practices played a decisive role in shaping the distribution of property and wealth among the rural population. The precise delineation between custom and customary law has frequently proven difficult, both historically and today, as exemplified by the customary inheritance practices among peasants in the Second Polish Republic.
customary inheritance practices among peasants
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Robert Jastrzębski (article) https://creativecommons.org/licenses/by-sa/4.0/
Social Constitutionalism: Mexico and Venezuela in the Process of Legal Transformation
The Constitution of Mexico – enacted on February 5, 1917 – contains the fundamental elements of social constitutionalism based on the law of the Nation and the people, which interact with individual rights. It was the first basic law to implement secondgeneration rights. By contrast, Venezuela’s constitution – as amended on December 30, 1999. – also contains new elements of social constitutionalism, which was based on strong democratic legitimacy. What is the genesis of social constitutionalism and what challenges does this paradigm face in contemporary Mexico and Venezuela? The research method includes comparative‑ historical analysis and analysis of source texts. The conclusion states that the genesis of Mexican constitutionalism was a profound need to counteract social exclusion built up since the colonial period – from the 16th century and after Mexico’s independence in the 19th century. Despite the changes, the Mexican system continues to adapt the system of human rights protection by new registers of law transformation. With regard to Venezuelan constitutionalism, the genesis of the Constituency and the enactment of the 1999 Constitution was the need to counter exclusion and social inequality, which also stemmed from the colonial period. Today, the challenge for the system is to stand up to the authoritarian urges of the executive. The debate over social constitutionalism in the first half of the 20th century brought revolutionary changes to the discourse with regard to the right to property, the right to education, while the Venezuelan constitution of the late 20th century represented a new opening for shaping the paradigm of social rights, which are constantly undergoing transformation.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Łukasz Czarnecki (article) https://creativecommons.org/licenses/by-sa/4.0/
Is Soviet Law Still Relevant to Legal Academic Research? Polish Contributions to Soviet Legal Studies: Revisiting a Forgotten Jurisprudence
Although the Soviet Union has collapsed and Soviet law no longer functions as a living legal system, its significance as an object of legal scholarship remains an open and pressing question. The legacy of Soviet law is not merely of historical interest; it also provides an important lens for understanding the ways in which law can be instrumentalised for political ends and how legal systems may be shaped or distorted by authoritarian power. This article argues that the continued study of Soviet law offers valuable insights into contemporary challenges to the rule of law, particularly in post-socialist contexts where legal institutions often retain traces of their Soviet heritage. In pursuing this argument, the article pays particular attention to the often-overlooked contributions of Polish legal scholars. Already in the interwar period, Polish academics provided some of the earliest and most incisive analyses of Soviet legal theory and practice. Later, the postwar Polish émigré community produced a significant body of scholarship that critically examined Soviet law from a comparative and international perspective. Their work not only enriched the broader understanding of the Soviet legal system but also highlighted its global implications for legal theory and practice. Finally, the article underscores the importance of internationalising this intellectual legacy. By bringing Polish scholarship into closer dialogue with global Soviet legal studies, we can better appreciate the complexity of Soviet law and its enduring relevance, while simultaneously broadening the scope of comparative legal history.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Anna Stawarska-Rippel (article) https://creativecommons.org/licenses/by-sa/4.0/
Lenin, Lawyer on the Law of Revolution. Selected Issues. Outline of the Problem
Many books and academic articles have been written about the leader of the Bolshevik Revolution. Biographers generally barely mention the fact that Lenin graduated in law from the University of St. Petersburg. Lenin has not been studied as the creator of Soviet law, which was supposed to be – and to a large extent was – completely different from the law of civilized systems of the 20th century. Although Lenin lived a relatively short life (54 years), he lived in three completely different eras: 1. in the Russian Empire with its feudal system and the specific Russian characteristics of that system; 2. in the short years of lost wars and revolutions (1904 – October 1917); 3. from November 1917 until his death, he was the victorious leader of a new totalitarian system, the first of its kind in world history. Mussolini, Hitler, and others would come later, many even much later, and with the fall of these others, the system they created would also fall, while Lenin handed over the system he had created to Joseph Vissarionovich Dzhugashvili – Stalin and subsequent leaders. As is well known, in November 1891, Vladimir Ulyanov graduated from the University of St. Petersburg with a degree in law; he graduated with honors, receiving a diploma from the Imperial University of St. Petersburg, and soon began practicing at a law firm. Did his law studies play any role when the time came for Vladimir Ulyanov – already known as Lenin – to create laws for the red empire? Laws completely different from those taught at the tsarist university.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Adam Lityński (article) https://creativecommons.org/licenses/by-sa/4.0/
Protection of Traffic Accident Victims in Poland – Evolution of the Liability of Motor Vehicle Owners and Mandatory Motor Insurance
The development of the automotive industry, initiated by the creation of the first steam‑powered vehicle, marked a significant step forward for humanity. Along with it, the need arose for infrastructure development and the introduction of appropriate legal requirements to ensure the safety of road users, who are exposed to a higher risk of harm. It also became evident that victims must be guaranteed protection and an effective means of pursuing claims arising from traffic accidents. This led to the introduction of liability for damage caused by the operation of a motor vehicle based on the principle of risk, and later, the implementation of a system of compulsory motor insurance with a guarantee‑based character. The aim of this article is to present the evolution of civil liability for damage caused by the operation of a motor vehicle and its impact on the establishment of compulsory third‑party liability insurance for motor vehicle owners, as well as the development of a comprehensive system of legal regulations concerning this insurance at the EU legislative level. The article employs historical‑legal and dogmatic‑legal methods, which lead to the conclusion that, from the perspective of ensuring legal protection for victims of traffic accidents, the introduction of stricter civil liability rules and legal solutions aimed at guaranteeing the satisfaction of claims was justified. In this context, particular importance should be attributed to the creation of a regulatory framework covering compulsory motor insurance, national insurance bureaux, and compensation institutions.
pulsory third‑party liability insurance for motor vehicle owners
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Ewa Jędrzejewska (article) https://creativecommons.org/licenses/by-sa/4.0/
The Ideal Official in Józef Olszewski’s Theory of Bureaucracy
The subject of the considerations in this article is the ideal official’s character outlined by Józef Olszewski within his theory of bureaucracy. The thinker drew upon the knowledge and experience he gained as a long‑time official and councilor representing society. The model he presented should be treated as an expression of the aspiration to form a true elite of officials. It was to be a distinct professional group, composed of individuals filled with a sense of social mission, striving to assist citizens in accordance with the principle that society takes priority over the state. Bureaucracy was seen by Józef Olszewski as a dangerous, exceptionally harmful social disease that should be opposed. Its development leads to the subordination of public life to bureaucrats, and the administration functions detached from the real social needs. Józef Olszewski linked bureaucracy to an incorrect understanding of the state’s tasks, contrasting it with the concept of a state that should primarily serve citizens and harmonize their individual aspirations with the goal of achieving a relatively attainable happiness. The proper formation of civil service personnel was seen by Olszewski as the key to carrying out a profound reform of public administration. Józef Olszewski’s views are often compared in the literature to those of Max Weber, with an emphasis on the fact that both thinkers presented opposing concepts. The characteristics of a bureaucrat criticized by Olszewski as negative, become desirable and positive in Weber’s perspective.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Anna Kryniecka-Piotrak (article) https://creativecommons.org/licenses/by-sa/4.0/
An Unknown Letter of Bishop Walerian Protaszewicz to Pope Gregory XIII from 1576 Concerning the Foundation of the University in Vilnius
The article presents a translation and a brief commentary on a letter written by Walerian Protaszewicz, Bishop of Vilnius, to Pope Gregory XIII on June 25, 1576, concerning the foundation of the university in Vilnius. In addressing the Bishop of Rome, the hierarch sought to persuade him to issue a bull that would make it possible to transform the functioning Jesuit college in Vilnius into an institution of higher learning. The letter itself reveals the true intention of its Author and allows us to analyze the arguments with which Bishop Walerian Protaszewicz attempted to convince the pope of his vision for an academic center in Lithuania. His efforts clearly demonstrate determination in striving to elevate the Jesuit college to the status of a university. Bishop Walerian Protaszewicz emphasized to the pope the necessity of providing university‑level education for youth, which was hindered by the great distance separating Vilnius from other European academic centers. Moreover, in accordance with the resolutions of the Council of Trent and the aims of the Counter‑Reformation, the newly founded university, in the opinion of the Vilnius hierarch, was to contribute to restraining the growth of non‑ Catholic denominations and become a place for the exchange of universal spiritual values. The Vilnius academic center was also meant to serve as a promoter of the Catholic faith in neighboring, primarily Protestant, countries. These were the arguments used by Walerian Protaszewicz to persuade Pope Gregory XIII to issue a document enabling the establishment of the university, which became a reality after several years of the bishop’s efforts. The decision to translate Bishop Walerian Protaszewicz’s letter to Pope Gregory XIII from 1576 concerning the foundation of the Vilnius University was made in order to facilitate further research on the document and on the origins of the Vilnius Academy for all those unfamiliar with Latin, especially historians, legal historians, and researchers from other fields of scholarship.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Piotr Niczyporuk (article) https://creativecommons.org/licenses/by-sa/4.0/
Definition of Crime (delictum) in Tractatus Criminalis of Tiberius Decianus (1509–1582)
Tiberius Decianus (1509–1582) is considered a representative of the 16th‑century Italian school of criminal law. Born in Udine, this lawyer, academic, and judge is primarily known as the author of the monumental Tractatus Criminalis. In it, the Renaissance jurist creatively expanded upon the achievements of Roman jurisprudence, in particular drawing on fragments of the works of Claudius Saturninus and Marcianus preserved in The Digest of Justinian. The works of medieval glossators and commentators, particularly Azon, Baldus de Ubaldis, and Bartolus de Saxoferrato, were also of significant importance to Decianus. It was from the perspective of his great medieval predecessors that Decianus interpreted ancient sources, seeking entirely innovative solutions that, in fact, should be considered the historical foundation for the dogmatic concepts of 19th‑century scholars. In Tractatus Criminalis, Tiberius Decianus formulated, above all, a scientific definition of the abstract concept of crime (delictum). The aim of this study is to determine the significance of Decianus’s definition for the development of European criminal law. This goal is achieved through an analysis of the definition of crime, with particular emphasis on the sources used by Decianus – the works of ancient jurists and representatives of medieval legal schools. Attention is also paid to the influence of scholastic philosophy on Decianus’s concept of abstract crime.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Bartosz Zalewski (article) https://creativecommons.org/licenses/by-sa/4.0/
The Legislative Powers of the King and the Sejm in Relation to Royal Towns in Poland in the 14th–16th Centuries
Granting a location privilege that ensured townspeople would be subject to a specific law did not mean this was always the case. Although the clauses of German law in the location privileges specified the applicable law – for example ius Magdeburgense, ius Novoforense, or ius Culmense – knowledge of German law in the towns of the Kingdom of Poland was limited in the late Middle Ages. Moreover, the law was often inadequate for local conditions. This inadequacy, as well as the incompleteness of the regulations of Saxon-Magdeburg law, were among the main reasons for its modification, in which the monarch played an important role. The first part of the article summarises the findings on the role of German law clauses in location privileges. The second part discusses the king’s competence to legislate for cities that developed or modified the law guaranteed in the German law clauses. The main sources used were Saxon-Magdeburg law (a gloss on the Saxon Mirror and a gloss on the Magdeburg Weichbild), which authorised the monarch to introduce regulations that replaced written law. In the Jagiellonian Kingdom of Poland, however, the central legislative authority was not only the monarch, but also the Sejm, which claimed the power to enact laws for towns and townspeople. The third part of the article discusses how this power developed alongside changes in the monarch’s legislative role.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Maciej Mikuła (article) https://creativecommons.org/licenses/by-sa/4.0/
A Few Reflections on the Maritime Activities of the Quaestorship during the Republic
The office of quaestor, classified as magistratus minores, has long been neglected by researchers, mainly due to the fact that the surviving sources are predominantly non‑legal in nature. The information contained in them is extremely scarce, sometimes so chaotic that it can discourage the piecing together of a scientific puzzle that would allow us to grasp even a fragmentary picture of the competences of this magistracy. The subject of this text is an attempt to look at a well‑known fragment by a Byzantine historian (Lydus, De Mag. 1.27), which has been controversial in the academic world for many decades, taking into account the excavated (and still being excavated) rostra of Roman ships that took part in the battle of the Egad Islands (Aegati Insulae). The research is also based on the accounts of Polybius of Megalopolis and Livy of Patavium, which will be compared with the literature on the subject. The main research problem is to determine whether the phrase quaestores classici, used in only one source (De Magistribus by Lydus) dating from the 6th century AD, is the result of the confusion attributed by contemporary researchers to the Byzantine historian, or whether, taking into account new epigraphic sources, at least a kernel of truth can be found there. In order to resolve this research dilemma, it will be necessary to outline a brief sketch of Roman activity at sea, including the duumiviri navales – a magistracy that appeared at the end of the 4th century BC. Historical‑legal and, to some extent, historical methods allow us to capture the changing reality of the Roman Republic in the 3rd century BC.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Piotr Kołodko (article) https://creativecommons.org/licenses/by-sa/4.0/
Historical and Legal Determinants of Debt Relief for Individuals
This study analyzes the historical development of the concept of debt relief, which can be seen as a non‑ obvious outcome of reflections on debtor insolvency. The research objective of the outlined problem, however, has a dual scope. On the one hand, the focus lies on the historically framed evolution of the legislative perception of the creditor‑ debtor relationship, particularly in situations where the debtor loses the capacity to satisfy outstanding debts. On the other hand, a significant portion of the article is devoted to the development of legal constructs adopted by Polish legislators over the past several decades, which have implemented – or continue to implement, with varying degrees of effectiveness – the idea of debt relief for natural persons. In preparing this text, a relatively extensive body of subject literature was employed, including both domestic and foreign sources, thereby ensuring a suitably broad analytical perspective. The research methods that facilitated the formulation of conclusions, prompted by the line of reasoning, primarily included the formal‑dogmatic method, supported by the historical method, as well as the comparative legal method. The thesis advanced in this study endorses the concept of debt relief, provided it is implemented through a legal framework that grants insolvent debtors the possibility of a “fresh start” while preserving the traditionally understood essence of the obligational relationship. Crucially, the accessibility of debt relief mechanisms must be genuine, both in terms of their normative prerequisites and the absence of subjective restrictions based on entity type – whether entrepreneur or consumer. In an era of increasing supply in the financial services market and the correlated demand for consumer goods – which steadily leads to rising debt among participants in civil transactions – the proposed article topic appears both timely and heartening.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Maciej Pannert (article) https://creativecommons.org/licenses/by-sa/4.0/
New Solutions and the Problems of Spelling the Forenames and Surnames of the Polish Minority in Lithuania in the Light of National and International Law
The name is an integral part of a person’s identification, and the spelling of a citizen’s name in official documents is also indicative of a country’s policy towards its citizens. A person’s identification is linked to the nationality to which that person belongs, as well as being linked to the requirements of the law of the country, the traditions of that country and the norms of international law governing human rights. At the beginning of the 1990s, the Republic of Poland and the newly revived Republic of Lithuania found themselves in a new geopolitical space. Democratic political forces came to power in both countries, striving for a Western system of values with human rights as its foundation. Both Poland and Lithuania were home to significant numbers of people belonging to the Lithuanian and Polish national minorities respectively, whose rights needed to be defined according to the European standards. The spelling of the names and surnames of the Polish minority in Lithuania and the Lithuanian minority in Poland is one of the most important in this set of national minority rights. Therefore, this issue was included both in the Declaration on Friendly Relations and Good‑Neighbourly Cooperation between the Republic of Poland and the Republic of Lithuania signed on 13 January 1992, and in the Treaty on Friendly Relations and Good‑Neighbourly Cooperation ratified on 13 October 1994. Poland and Lithuania ratified the legal document Framework Convention for the Protection of National Minorities and several others, which also referred to respecting the right of national minorities to spell their name in official documents. On the other hand, a trend emphasising the fundamental importance of the state language in both countries is evident and any attempt to introduce additional letters and diacritical marks is potentially assessed as some illusory threat to the state language. Poland has dealt with this problem, despite a complicated and often even tragic history of relations with its neighbours, and has adopted relevant legislation allowing for the original spelling of names and surnames. Lithuania is on the way to solving this problem, but the path is neither straightforward nor easy to predict. Over the past almost 20 years, it is the court judgements, international and domestic, that have largely contributed to changes in the perception of this phenomenon by citizens themselves, judges and legislators alike.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Jarosław Wołkonowski, Aleksander Waszkiewicz, Łukasz Wardyn (article) https://creativecommons.org/licenses/by-sa/4.0/
Lithuania’s Policy Toward the Polish Minority after 1990 in the Context of Preserving National Identity Based on Own Research
The article addresses the issue of the Lithuanian state’s policy toward the Polish national minority over the past 35 years of Lithuania’s independence. It emphasizes the gradual process of eliminating the Polish language from the public sphere, the diminishing status, and the continuous harassment of Polish education in Lithuania. The author notes the unfavourable attitude of Lithuanians toward Poles living in Lithuania, who constitute the indigenous population. A common strategy developed by Lithuania is to strengthen Lithuanian identity by magnifying certain historical events while omitting those that are inconvenient or shameful. The Lithuanian state adopts partial measures – implementing some positive steps to meet international standards, yet simultaneously introducing restrictions that contain a hidden attempt at assimilating the Polish minority. Such actions may be regarded as manifestations of discrimination, reflecting an imagined threat to Lithuanian identity. The essence of the policy toward national minorities has a significant impact on both social and interstate relations. It can either bring societies closer together or create distance by emphasizing differences and antagonisms. This issue is particularly important in regions where history plays a key role in shaping identity, one’s perception of the homeland, tolerance toward other nations, and the overall view of the state itself. The policy toward national minorities resonates in Polish‑ Lithuanian state relations, compelling both governments to seek legally grounded, compromise‑ based solutions consistent with international standards. The aim of this article is to demonstrate the impact of Lithuania’s policy toward the Polish minority on the preservation of national identity, based on the author’s own research concerning the acceptance of the Polish minority by Lithuanians. Despite the widespread belief in Lithuania’s liberal policy toward the Polish minority, reality proves to be more complex and distant from the ideal, as shown by the conducted research. The perception of shared history is relative and open to diverse interpretations – even between nations that for centuries formed a single state. The research was conducted using the method of critical analysis and through observation of the elements shaping the contemporary system of Polish education in Lithuania, which has a considerable influence on the preservation of national identity and mutual relations. The findings are supported by the results of the author’s own survey research, involving over 3,000 respondents from Polish families in Lithuania in the years 2020–2021.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Danuta Kamilewicz-Rucińska (article) https://creativecommons.org/licenses/by-sa/4.0/
Evolution and Comparative Legal Analysis of Regulations Concerning Critical Infrastructure Protection in Poland and Lithuania
The aim of the study is to analyse selected key legal norms regulating the protection of critical infrastructure (CI) in Poland and Lithuania, taking into account the historical background, the evolution of regulations and the ongoing process of harmonising the legislation of both countries with the regulations of the European Union and NATO. The considerations were placed in the context of contemporary threats, especially those of a hybrid nature, posed by Russia and Belarus. The starting point for the considerations were actual incidents of sabotage in Poland and Lithuania, which highlighted the need for an effective, transparent and uniform legal framework for CI protection. The article presents the origins of the concept of critical infrastructure, dating back to the American experience of the 1990s, as well as the development of international standards for the protection of this infrastructure under the influence of NATO activities and EU regulations, such as the ECI Directive (2008) and the CER Directive (2023). It is pointed out that the process of harmonising regulations in Poland and Lithuania is still ongoing and focuses on the implementation of these acts. The section on Poland discussed the existing legal framework, primarily the 2007 Crisis Management Act and the National Programme for the Protection of Critical Infrastructure (NPOIK). The high level of formalisation, transparency of responsibilities and involvement of both public and private authorities in CI protection were highlighted. In the case of Lithuania, the 2002 Act on the Protection of Objects of Importance to National Security and subsequent implementing acts are characterised, emphasising their fragmentation, lack of consistency and the dominance of ownership and cybersecurity aspects. The study used the following methods: dogmatic‑ legal, historical legal, comparative law, and document and content analysis. The sources of the analysis were normative acts and strategic documents in force in Poland, Lithuania, the EU and NATO. The summary points to the need for further harmonisation and closer Polish‑ Lithuanian cooperation in the field of CI protection as a prerequisite for increasing the resilience of both countries to the threats of the modern world.
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Marcin Niedbała (article) https://creativecommons.org/licenses/by-sa/4.0/
Students’ Academic Circle of Lawyers of Stefan Batory University in Vilnius
The purpose of this article is to present the activities of the Students’ Academic Circle of Lawyers of Stefan Batory University in Vilnius, its statutory goals and tasks, main areas of activity (lectures, publishing, organizing oratory competitions and events, running a library and reading room), the structure of the Circle (committees and sections), as well as its members, their rights and obligations, and participation in the Circle’s activities. The article was written mainly on the basis of source materials located in the Central State Archives of Lithuania in Vilnius (Lietuvos centrinis valstybės archyvas). Unfortunately, the materials are incomplete. There are no documents from the years 1919–1932. The Circle’s activities are much better documented from the end of 1933, when the university authorities’ control over the activities of student organizations was tightened. Among other things, reports were required to be submitted on general and board activities, financial reports, and information on the composition of boards. Printed sources are scarce. The short reports published in the magazine “Alma Mater Vilnensis” are far from accurate. There are also no broader studies. General information about the Circle was provided by Professor Stanisław Pigoń of the Stefan Batory University in his article Koła naukowe studentów USB w latach 1919–1929 [Students’ Academic Circles at the Stefan Batory University in the Years 1919–1929] published in the second volume of the commemorative book titled Księga pamiątkowa ku uczczeniu CCCL założenia i X wskrzeszenia Uniwersytetu Wileńskiego, t. 2: Dziesięciolecie 1919–1929 [Celebrating the CCCL Anniversary of founding and X Anniversary of Revival of Vilnius University, Vol. 2: Ten Years 1919–1929], published in Vilnius in 1929.
Academic Circle of Lawyers of Stefan Batory University Students
Copyright (c) 2025 Uniwersytet w Białymstoku (entire issue as a whole); Henryka Ilgiewicz (article) https://creativecommons.org/licenses/by-sa/4.0/