scholarly journals Ochrona jednostki w postępowaniu o wywłaszczenie nieruchomości

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 127-138
Author(s):  
Justyna Mielczarek-Mikołajów

The Constitution of the Republic of Poland, in Art. 21, par. 2, permits constitutional expropriation only if this is made for public purposes and with just compensation. It is the highest degree of interference in the ownership of the individual and, therefore, it is important to ensure that the proceedings which are legally carried out implement the basic principles of the administrative procedure and are run in accordance with the provisions of the Act on Real Estate Management. Due to the guarantee of protection of the individual, special attention should be focused on the conditions determining the initiation and conduct of expropriation proceedings in the form of public purpose execution, negotiations to conduct an administrative hearing, determination of “just” compensation, and return of property in cases specified in the Act.

2017 ◽  
Vol 65 (2) ◽  
pp. 79
Author(s):  
D. VOJINOVIĆ ◽  
A. VASIĆ ◽  
J. ŽUTIĆ ◽  
B. DURIČIĆ ◽  
Z. ILIĆ ◽  
...  

Blood serum samples of asymptomatic carriers-calves were collected from three farms in the territory of the Republic of Serbia during 2011 and 2012. Commercial Mycoplasma bovis ELISA kit (Bio-X Diagnostics, Belgique) for serological diagnosis from cattle blood sera and milk was used in this research. Calves’ blood sera were tested using immunoenzymatic indirect ELISA assay as described by manufacturer’s instructions. From 5603 blood sera of asymptomatic carriers-calves 144 (2,57%) samples were tested positive for the presence of specific Mycoplasma bovis antibodies. In three different farms proportions of seropositive samples varied from 0,32% to 10,6% in regard to total number of tested samples from the individual farms. In this paper we present the results of Mycoplasma bovis prevalence in asymptomatic carriers-calves.


2006 ◽  
Vol 2 (S240) ◽  
pp. 35-44
Author(s):  
Harold A. McAlister

AbstractLong-baseline optical interferometry (LBI) can nearly close the gap in selection space between astrometric and spectroscopic detection of binary star systems, bringing the complementary powers of astrometry and spectroscopy to bear on a complete dynamical understanding of such systems, particularly including the determination of the masses of the individual stellar components. In the case of double-lined spectroscopic systems, their resolution by long-baseline interferometry also yields the orbital parallax and hence the luminosities of the individual stars. In some of these cases, the angular diameters of one or more components are accessible, and so a complete specification of a star in terms of its mass, radius and luminosity is made.The northern hemisphere is now equipped with several interferometers of unprecedented capability in terms of their baseline sizes, numbers of telescopes and telescope apertures. These instruments, most notably the Palomar Testbed Interferometer at Mt. Palomar Observatory, have produced very significant results of a number of interesting systems fulfilling interferometry's promise to produce fundamental astrophysical data at levels of accuracy that challenge or confirm astrophysical theory.This paper presents basic principles of long-baseline interferometric study of binary stars and summarizes results from northern interferometers with specific examples of their broad impact on binary star astronomy.


Author(s):  
Elmira Sabirovna Pshembayeva ◽  
Nelli Emilevna Pfeifer

The article is devoted to the study of the organization of lifelong learning process as a condition for the individual’s successful career development. The importance of the accession of the Republic of Kazakhstan to the European educational space is determined. Continuity of the education process, today, is one of the basic principles in the educational policy of Kazakhstan. The article presents the characteristics of such concepts as «formal education», «non-formal education», «informal education», according to the special terminology of UNESCO (formal education is a process of acquiring knowledge that takes place in a well-organized and hierarchically ordered context, culminating in the issuance of a state sample; non-formal education, in turn, is characterized by the acquisition of knowledge outside the specialized educational space; informal education is an individual human activity aimed at the cognitive process and does not always have a specific result). The article proves the need to merge formal, non-formal and informal education, which, in turn, makes it possible to prepare a person for life in a rapidly changing environment and ensure full-fledged career development of the individual, preserving his individuality, and satisfying his career and life needs.


2020 ◽  
Vol 6 (12) ◽  
pp. 313-320
Author(s):  
V. Yodgorov ◽  
D. Mirdjalilova

Real estate has always played an important role in the system of social and economic relations. The result of the life and activities of persons employed in any area of business depends on the efficiency of the functional functioning of the property. The property is part of a property of relatively high value and social significance. Hence, the complexity of real estate, the variety of opportunities for its movement in the market requires the creation of a system that covers all stages of the real estate life cycle, creates a unified system for planning performance indicators and target liquidity indicators for various real estate objects, and ensures effective real estate management. The article analyzes the costs of operating buildings and structures belonging to state higher educational institutions of the country and identifies the priorities for managing real estate by servicing organizations.


Author(s):  
В.П. Позняков ◽  
Т.С. Вавакина

Представлены результаты теоретико-эмпирического исследования ценностно-смысловых факторов самоопределения предпринимателей в их отношении к деловому партнерству. В качестве содержания ценностно-смысловой сферы рассматривались смысложизненные и ценностные ориентации личности. Психологические отношения предпринимателей к базовым принципам делового взаимодействия - прагматичности и нравственности, а также оценки процесса и результата делового взаимодействия рассматривались как характеристики их самоопределения . Выявлена взаимосвязь важности прагматичности и нравственности как принципов делового партнерства со смысложизненными и ценностными ориентациями личности. Ориентация предпринимателей на прагматичност ь связана с двумя показателями смысложизненных ориентаций - «Цели в жизни», характеризующим целеустремленность, наличие целей в будущем, и «Локус контроля-Я (Я-хозяин жизни)», характеризующим представление о себе как о сильной личности, обладающей достаточной свободой выбора, чтобы контролировать события собственной жизни. Ориентация предпринимателей на нравственность взаимосвязана с таким показателем смысложизненных ориентаций, как «Процесс жизни или интерес и эмоциональная насыщенность жизни», который отражает удовлетворенность своей жизнью в настоящем, восприятие ее процесса как интересного, эмоционально насыщенного и наполненного смыслом. Высокая значимость общечеловеческих гуманных ценностей совместной жизнедеятельности (семьи, любви, доброты) оказалась положительно связана с эмоциональной удовлетворенностью деловым партнерством, в то время как высокая значимость индивидуалистических, прагматических (материальной обеспеченности и богатства) - отрицательно. Результаты исследования подтверждают релевантность рассмотрения смысложизненных и ценностных ориентаций личности в качестве факторов и основания самоопределения предпринимателей в деловом взаимодействии. The results of theoretical and empirical research of value-sense factors of self-determination of entrepreneurs in their relation to the business partnership were presented. The content of the value-sense sphere considered to be the meaning and value orientations of the individual. The psychological attitude of entrepreneurs to the basic principles of business interaction - pragmatism and morality, as well as assessment of the process and result of business interaction were considered as characteristics of their self-determination. The relationship between the importance of pragmatism and morality as principles of business partnership and the understood and value orientations of the individual has been revealed. The orientation of entrepreneurs on pragmatism connected with two indicators of understood orientations - "Goals in Life," which characterizes determination, presence of goals in the future, and "Locus of Control-I (I am the master of life)," which characterizes the perception of myself as a strong person, having sufficient freedom of choice to control the events of his own life. The orientation of entrepreneurs to morality is interrelated with such an indicator of meaning orientations as "Process of life or interest and emotional saturation of life," which reflects satisfaction with its life in the present, perception of its process as exciting, emotionally saturated and filled with meaning. The high importance of the universal humane values of joint life (family, love, kindness) was positively related to emotional satisfaction with a business partnership, while the high importance of individualistic, pragmatic (material security and wealth) was negative. The study results confirm the relevance of considering the meaning and value orientations of the individual as a factor and basis of entrepreneurs' self-determination in business interaction.


2017 ◽  
Vol 25 (4) ◽  
pp. 40-49
Author(s):  
Anna Barańska

Abstract Real properties acquired for the so-called public purpose, such as road investments, generate a one-off financial indemnity in the form of compensation paid to the expropriated owner. Due to the different possible modes of expropriation (pursuant to the Real Estate Management Act or the Special Road Act), the amount of the compensation due may be determined in different ways, which entails a variety of results. The article compares the compensation levels determined in two possible procedures: basing on the predominant use of the adjacent areas or on data from the transactions of real properties intended for public roads. The conducted analyses demonstrated that the differences between these two types of compensation for land intended for development, established under two different expropriation procedures, are insignificant.


2016 ◽  
Vol 24 (1) ◽  
pp. 19-30 ◽  
Author(s):  
Kinga Szopińska ◽  
Małgorzata Krajewska

Abstract Testing what factors create the market value of real estate is key information when preparing property valuations as well as other opinions and professional evaluations on the basis of which court verdicts or administrative decisions are made. One of the factors influencing the value of some real estate is the level of noise present in the surroundings, which can lead to the occurrence of noise nuisance negatively affecting social relations. Due to the fact that the analysis of the attractiveness of a location is the basis for properly determining the market value of real estate, the present article is dedicated to the methodology of assessing the noise nuisance of real estate surroundings. Four methods of assessment are proposed in the work: two of an objective nature, based on the measurements of noise and spatial analyses of data included in a strategic noise map, as well as two of a subjective nature, accounting for, among others, the individual perceptions of real estate users. The results of studies using the above methods can serve as a source of information on real estate as well as aid decision processes in the scope of real estate management. Theoretical deliberations were supported by a sample assessment of the noise nuisance of real estate surroundings carried out using two of the presented study methods.


2020 ◽  
pp. 119-135
Author(s):  
Bogusław Banaszak

The Constitution of the Republic of Poland does not define in a comprehensive manner the matter to be standardized in laws and grants the legislator considerable freedom in determining their content. In view of the subject matter of this opinion, based on views founded on the doctrine of Polish constitutional law and on the jurisprudence of the Constitutional Tribunal and the Supreme Court, it can be concluded that the legislator should regulate by law, among other matters, the following matters reserved for statutory regulation (the principle of exclusivity of the act): regulations concerning citizenship and the rights, freedoms and duties of the individual, as well as the basic competences, principles of how public authorities are organised and function. On the basis of this assumption, it was examined whether there is any indication to the legislator from the constitutional norms relevant to the judicial authority. The following were taken into account: the right to a fair trial (Article 45), the principle of the separateness and independence of the judiciary (Article 173), the principle of bi-instantiality of court proceedings and the principle of statutory determination of the system and jurisdiction of courts (Article 176), the principle of the presumption of competence being assigned to common courts (Article 177), and the principle of the non-removability and non-transferability of judges (Article 180). On the basis of an analysis of these constitutional norms, it was concluded that the Constitution of the Republic of Poland enforces statutory regulation of the organisational structure and the material, local and appeal jurisdiction of common courts, and only allows for entrusting specific matters to be regulated by executive bodies by means of a regulation. In the event of any doubts as to whether a given case should be classified into the category of specific matters, the principle of exclusivity of the Act applies.


2021 ◽  
Vol 974 (8) ◽  
pp. 45-54
Author(s):  
S.A. Atamanov

Cadastral activities, in addition to describing a property for the purpose of cadastral- and rights registration, include an algorithmically complex determination of the sequence of actions necessary to solve the matter. Their result is not only some prepared documentation, but the fact of bringing the description of the real estate and rights to it in accordance with reality, provided that the task of the interested person is completed. The subtype of real estate includes objects that possess certain basic characteristic features and can have definite situational ones. The classification of real estate on the basis of these features provides an opportunity to compare and formalize the requirements for implementation of cadastral works of disparate regulatory legal acts. The field regulating land-and-property relations is modeled as a directed graph, the arcs of which are assigned a direction depending on the type of the initial and final vertices


Author(s):  
Stefan Andonović

The subject of this paper is determination of the legal nature of the Commissioner for the Protection of Equality in legal system of the Republic of Serbia. The specific position and role in the legal system is examined from the perspective and methods of administrative law. Special attention is paid to the analysis of the legal nature of the Commissioner’s acts in the framework of his powers. Also, the paper analzyed certain issues related to the procedure before the Commissioner, as well as the connection between this procedure and the general administrative procedure. Based on the analysis of the legal position, the legal acts of the Commissioner, and the constitutional system of division of power, the author concludes that the Commissioner’s legal nature in the Republic of Serbia is predominantly administrative-legal.


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