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Kutafin Law Review (Юридический журнал имени Кутафина)  / №2 2016

THE LEGAL STATUS OF A JUDGE IN THE KINGDOM OF POLAND (176,00 руб.)

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Первый авторKorzenieivska-Lasota Anna
Страниц11
ID517425
АннотацияThe legal status of a judge was and still remains a subject of interest. Literature is full of papers related to the judiciary in various historical periods. Not much attention, however, was given to the status of a judge in the Kingdom of Poland established in 1815. In various studies authors focus mainly on the issue of the organisation of the judiciary1 of that time and the Judiciary System2 Reform that was conducted.
Korzenieivska-Lasota, A. THE LEGAL STATUS OF A JUDGE IN THE KINGDOM OF POLAND / A. Korzenieivska-Lasota // Kutafin Law Review (Юридический журнал имени Кутафина) .— 2016 .— №2 .— С. 92-102 .— URL: https://rucont.ru/efd/517425 (дата обращения: 24.04.2024)

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290 KUTAFIN UNIVERSITY LAW REVIEW THE HISTORY OF LAW THE LEGAL STATUS OF A JUDGE IN THE KINGDOM OF POLAND By dr Anna Korzeniewska-Lasota (Poland) Author Faculty of Law and Administration, University of Warmia and Mazury in Olsztyn, Poland Michał Lasota; Judge in the Nowe Miasto Lubawskie, Poland Wydział Prawa i Administracji UWM, ul. <...> Literature is full of papers related to the judiciary in various historical periods. <...> In various studies authors focus mainly on the issue of the organisation of the judiciary1 of that time and the Judiciary System2 Reform that was conducted. <...> A. Korobowicz, Reforma ustrojudownictwa w KP po 1863 r. <...> Przygotowania i treść, Lublin 1976, www.kulawr.ru Volume 2 Оctober 2016 Issue 2(6) Anna Korzeniewska-Lasota The Legal Status of a Judge in the Kingdom of Poland 291 I would like to outline the position and the role of a judge in the judicature of the Kingdom of Poland. <...> The Period After the January Uprising .297 VI. <...> In the first place, in Title 5 Article 138 the Constitution formulated the rule of sovereignty of the judiciary defining it in the next provision as not subordinate to any influence of “the highest or ministerial authority or to any other power.” The rule of irremovability of judges guaranteed sovereignty. <...> The judges were supposed to be nominated by the king for life or elected and could not be, as a rule, dismissed from the position. <...> The elected judges could not be dismissed during their term of office and both (the nominated and the elected) could be dismissed from the position only trough the final and legally binding decision of the 3 The text of the Constitution see S. Kieniewicz, Przemiany społeczne i gospodarcze w Krуlestwie Polskim(1815–1830). <...> Volume 2 Оctober 2016 Issue 2(6) www.kulawr.ru 292 KUTAFIN UNIVERSITY LAW REVIEW court, conviction for an offence related to the office or for any other delinquency (Article 142). <...> The position of a judge was strengthened by the requirement of proper education, obtained in the Duchy of Warsaw, accomplishing judge’s legal training and passing the exam for an assessor and a judge. <...> Only a magistrate did not have to be an expert.4 life was also a deputy judge.5 The expert nominated for In 1918 the prerequisites for the education of judges were clarified <...>