The Controlled Purchase as a Tool
to Fight Organized Crime

The following article discusses issues concerning one of the most effective
methods of operational work that is a controlled purchase used by police to
combat organized crime. The article presents in detail the methods and purpose of
the activities to be taken as part of actions which are of particular importance for
public safety of every society. It also refers to the underlying regulation of these
activities and presents in detail the methods and purpose of the activities to be
taken as part of actions which are of particular importance for public safety and
not just any society. There are also discussed situations causing legal and social
controversy connected with the use of this particular method for the operational
work in police investigation activities.

Załączniki:
Pobierz plik (11-2012 Paduch.pdf)11-2012 Paduch.pdf320 kB

The New Regulation in International
Tax Law

The study presents main issues arising from the Council Directive of March 16,
2010 concerning mutual assistance for the recovery of claims relating to taxes,
duties and other measures (Official Journal of the European Union “L”, 84,
31.03.2010, p. 1). The article discusses some of the operative amendments in
mutual assistance provided under the Council Directive, which are: enlargement
of the scope of measures – subject of mutual assistance, designation of new
authorities responsible for assistance, the power to be present in administrative
offices and to participate in administrative enquiries provided in other Member
States, instruments of enforcement in every Member State and the principle of
equal treatment of claims. The conclusion is that the main consequence of this
new regulation is to strengthen and expand the assistance between the Member
States. The directive aims to harmonize the enforcement proceedings in Member
States and make them more effective than it is now. Therefore, the impact of the
directive seems to be wider than it is supposed to be.

Załączniki:
Pobierz plik (11-2012 Zysik.pdf)11-2012 Zysik.pdf488 kB

Behavioral Genetics in the Courtrooms
The paper posits the thesis that there is no methodological shortcut between
behavioral genetics and legal sciences, and we are not into position to walk on
the bridge between genetics and law (especially, in the courtrooms). The structure
of the paper is as follows. First, legal cases where behavioral genetics played
some role are presented (Bayout, Stefani, Landrigan). In the next step possible
points of intersection of law and genetics are described (culpability, mitigation
etc.). The third and fourth part of the paper are devoted to genetic research (i.e.
on C. elegans) in order to establish the relation between genes, neurons, environment
(and again – genes). The conclusion of the paper is twofold (or even
threefold). There is no strong evidence that genetic research can be of any use
in legal proceedings. On the other hand, behavioral genetics is already on the
courtroom’s doorstep and legal community should be prepared for it. And at the
end, the relation between behavioral genetics and legal cases is a very interesting
problem for legal philosophy and theory.

Załączniki:
Pobierz plik (11-2012 Csink_Johanna.pdf)11-2012 Csink_Johanna.pdf393 kB

The New Hungarian Basic Law –
Preliminaries and Consequences

The Basic Law is almost beyond its first half year but in several questions the
constitutional adjudication is still unknown. In certain issues the Basic Law
introduced significant novelties (while other issues remained unaltered) and it
is an open question how the judiciary and especially the Constitutional Court
will apply the particular regulations. The role the political atmosphere plays
in the constitutional system of a given country can hardly be neglected in the
evaluation of the constitutionalism of a state; however, it is out of the scope of
legal sciences in a narrow sense. Therefore, in order to introduce the Basic Law
of Hungary, the text of the constitution was used as a starting point, as the
interpretation and the application of the new constitution in practice has not
developed yet. We focus on three issues. Firstly, on the creation of the Basic Law,
secondly, the philosophical background and the general questions, and finally we
point out the most significant changes in the Hungarian state organisation and
the field of human rights. We emphasise that the constitution cannot be regarded
as equal with its mere text. The role of the constitution is not only to lay down
the basic rules of the constitutional system and to recognise human rights. To
a certain extent it has to be a flexible, open document which can conform to the
changing circumstances, and which is highly influenced by the constitutional
culture and the course of interpretation. The new Hungarian Basic Law will serve
as a good example of the fragile relation between the constitutional norm and
the constitutional reality.

Załączniki:
Pobierz plik (11-2012 Stelmach.pdf)11-2012 Stelmach.pdf261 kB

Positivist Myths of Legal Method
The paper aims at identifying several methodological myths embraced by legal
positivism. The first such myth is the claim that legal cognition has a logical
structure; the second is the myth of the formal-dogmatic method; the third is
that of Kelsen’s normative method; and the fourth and final is the myth of legal
analysis, or the faith in the fruitfulness of linguistic analysis. All these myths
can – and should – be ‘deconstructed’ by observing that legal positivism offers
no coherent epistemology, but rather a number of common sense directives; that
the strength of the argument supporting the myths is minimal; that the methods
of positivism are ineffective in legal practice; and that there exists an alternative
to the positivist methodology – a conception of legal method based on epistemological
pluralism and relativism.