Hasil untuk "Comparative law. International uniform law"

Э. В. Губернаторова, В. С. Зубкова

В статье рассматриваются конституционные права и обязанности граждан как основы правовогогосударства, определяющего баланс между свободами личности и ее ответственностью перед обществом и государством. Конституционные права и обязанности граждан России закреплены в отдельной главе 2 Конституции Российской Федерации от 12 декабря 1993 года, в то время как Конституция Индонезии, известная как Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD 1945)от 18 августа 1945 года, закрепляет только основные права граждан, а также краткий перечень обязанностей, обеспечивающих баланс между индивидуальными свободами и ответственностью, направленной на развитие общества.

S. Ivanova

Introduction. Global climate change, the reduction of wildlife populations, and ecological disturbances remain the most acute problems – the negative anthropogenic impact on nature increases and becomes more diverse. Therefore, the work on the creation of the efficient tools for protecting and restoring natural resources continues at the international and national levels of legal regulation. One of these tools is civil liability for the damage inflicted on the natural objects, which is insufficiently elaborated in the Russian legislation. The aim of the paper is to analyse the problems of legal regulation in the field of conservation and use of the natural objects in the Russian Federation and to offer recommendations to solve them.Materials and Methods. To conduct the research, philosophical methods of cognition (metaphysics, dialectics of objectivity, empirical, prognostic, logical), as well as the general scientific methods (complex analysis) and specific scientific methods of cognition (comparative and system analysis for studying the interdisciplinary relationships between civil and environmental law) were used.Results. The efficient application of the civil liability mechanisms for the damage inflicted on the natural objects is hindered by the following main gaps in the Russian Federation legislation: the lack of uniform and clear terminology; shortcomings in the methods of assessing the environmental damage; inconsistency between the principles of compensation for the environmental damage in different branches of law; insufficient role of anticipatory measures in preventing the environmental damage.Discussion and Conclusion. Based on the results of the analysis, a number of proposals have been outlined to improve the acting legislation of the Russian Federation, which will ensure implementation of the civil liability measures for violation of the laws regulating the use of wildlife objects and their habitat. The reasoned recommendations developed by the author can be used as a theoretical basis for the advanced scientific developments in the studied field.

Iryna Koval

The article discusses the issues of legal protection and enforcement of industrial property rights. The concept and content of administrative legal protection and administrative legal enforcement of industrial property rights are defined. The concept of administrative legal protection is based on the concept and structure of the mechanism of administrative legal regulation. The components of the mechanism of administrative legal regulation of industrial property relations include: administrative legal norms; legal facts which are the basis for administrative legal relations; administrative legal relations; acts of realization of rights and obligations by the subjects of these legal relations; and activities of authorized bodies for the application of legal norms. The author outlines the range of bodies authorized by the state to carry out administrative legal enforcement of these rights: customs authorities of Ukraine, bodies of the Antimonopoly Committee of Ukraine, which ensures state protection of competition in business and public procurement, the Appeals Chamber of the Ukrainian National Office for Intellectual Property and Innovations, and local courts. It is established that the peculiarities of administrative legal enforcement of industrial property rights lies, firstly, in the combination of protection of public and private interests in the area of legitimate exercise of these rights; secondly, the administrative legal procedure for enforcement of industrial property rights is based on a combination of actions of authorized bodies and actions of right holders who initiate the procedure. In view of this, it is proposed to exclude the provision of Part 5 of Article 397 of the Customs Code of Ukraine on the exemption of customs authorities from liability for failure to take measures for the enforcement of intellectual property rights. To improve the administrative legal enforcement of industrial property rights, it is also proposed to bring the content of actions recognized as unfair competition in Art. 164-3 of the Code of Ukraine on Administrative Offenses and the Law of Ukraine ’’On Protection Against Unfair Competition’’ into line.

Андрусяк Марк, Акімов Олександр, Русецький Руслан

The article presents a systematic analysis of NATO countries' military-legal models for regulating military service, aiming to identify effective mechanisms suitable for adaptation within the context of Ukraine’s national security and defense. The study encompasses both fundamental legal acts (constitutions, laws, statutes) and departmental regulations aligned with international standards. It is generalized that the legal systems of NATO member states are structured in a cascade–from overarching state principles to specific instructions–ensuring both the stability and flexibility of military governance amid dynamic threats. The research explores several national cases: the United States (UCMJ reform, Blended Retirement System, GI Bill), Germany (Soldatengesetz, social packages for contract soldiers, the legal doctrine of the “citizen in uniform”), France (ethical principles of military status), Poland (integration of voluntary contracts into the Total Defense model), Scandinavian countries (gender-neutral selective conscription), and Canada and Estonia (digital platforms for recruitment and personnel assessment). Special attention is devoted to comparing three models of military service–professional, mixed, and conscription-based–in terms of their social effectiveness, human resource capacity, and mobilization potential. It is demonstrated that NATO countries are gradually converging around key principles: rule of law, civilian oversight, and compliance with international humanitarian law norms and STANAG standards. Within disciplinary law, emphasis is placed on the gradual transition from authoritarian to rights-based models: independence of military prosecutors, access to legal counsel, and the functioning of military ombudsman institutions. The importance of social guarantees–from pension models to veteran reintegration and rehabilitation programs–is emphasized as a strategic component of personnel policy. The comparative analysis results in a set of practical recommendations for implementation: introducing short-term contracts with robust social packages, expanding the legal status of reservists, integrating digital platforms for recruitment and evaluation, and institutionalizing gender equality in personnel policy. The study concludes that the optimal model for Ukraine is a multi-level system of legal regulation of military service, which combines NATO standards with flexible adaptation to national needs.

Marcin Niedbała

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

M. Pilicheva, S. Domareva

Modernization of cadastral systems is a continuous process that corresponds to dynamic changes in society and technology. Studying international experience allows us to identify promising areas of development and implementation of innovative solutions in the field of land cadastre. Particular attention is paid to the issues of integrating cadastral systems with other information resources and ensuring the accuracy of geospatial data. This article presents a comparative analysis of the cadastral systems in Ukraine and Switzerland to identify opportunities for improving the Ukrainian land cadastre. The study examines the legal framework, functional purpose, technical characteristics, and financing aspects of both systems. Based on an analysis of Swiss experience, recommendations for modernizing Ukraine’s cadastral system are proposed, including the implementation of decentralized management elements, enhancement of technical infrastructure, and optimization of the financial model. The research highlights the fundamental differences in the cadastral structures of both countries. The Swiss cadastre operates as a decentralized system with significant regional autonomy, ensuring high data accuracy and integration with various geospatial resources. Meanwhile, the Ukrainian cadastral system follows a centralized model, which facilitates uniformity in land registration but faces challenges in data updating and interregional cooperation. The study underscores the importance of implementing 3D cadastres, improving the accessibility of cadastral data, and integrating public-law restrictions into the system, as exemplified by Switzerland. The financial mechanisms supporting the Swiss cadastre are analyzed, emphasizing the advantages of a mixed funding model that combines public financing with elements of self-sufficiency. In contrast, Ukraine relies primarily on state funding, which limits its ability to introduce innovative solutions. The article suggests that adapting Switzerland’s financing approach could improve the efficiency and sustainability of Ukraine’s cadastral system. The study concludes that adopting best practices from Switzerland – such as a more flexible regulatory framework, enhanced geospatial data integration, and diversified financial support – can significantly contribute to the modernization of Ukraine’s land cadastre. Implementing these measures will enhance transparency, facilitate more efficient land management, and improve the overall quality of cadastral services.

Carissa Amanda Siswanto, N. Kartiko

The Asia-African Legal Consultative Organization (AALCO), as an intergovernmental organization in Asia and Africa, possesses significant potential to facilitate cooperation among member states in combating transnational crimes and recovering assets. The objective of this study is to explore and analyze the role of the Asia-African Legal Consultative Organization (AALCO) in the international legal framework governing asset recovery of assets arising from criminal activities. The research method used is normative-dogmatic juridical with statutory, conceptual, and comparative approaches. This research uses primary legal sources, such as laws and international treaties, as well as secondary legal sources, such as journals, articles, books, and comments on judges' decisions. The findings of this study indicate that AALCO has an important role in facilitating cooperation among its member states for the recovery of assets derived from criminal activities. AALCO has developed mechanisms such as conventions and guidelines to guide member states in asset recovery. However, this research also found limitations, such as the lack of harmonization of laws among the member states and limited institutional capacity in some states. In addition, there are still challenges in cross-jurisdictional coordination and a lack of public awareness on the importance of asset recovery. In light of these findings, this research recommends AALCO to strengthen a uniform legal framework and improve training and capacity building for law enforcement. In addition, AALCO also needs to strengthen information networks among member states and build partnerships with international organizations. By implementing these recommendations, AALCO can be more effective in supporting efforts to recover assets derived from criminal conducts in the Asia and Africa region.

Shakeel Akhtar Thakur

This paper discusses in a rights-based perspective the laws that regulate child marriage in the two Pakistani provinces, Punjab and Sindh, on the basis of a new law called the Islamabad Capital Territory (ICT) Child Marriage Restraint Act 2025, which has been recently ratified. It offers a doctrinal review of the child marriage restrain legislation in the provincial states and assesses its compatibility with the constitutional ideologies of Pakistan and the international human rights treaties, such as universal declaration of human rights (UDHR), the convention to rights of child (CRC) and the convention on elimination all forms of discrimination against women (CEDAW). In their analysis, this paper discovers that Sindh laws based its minimum marriage age as 18 years in 2013 and it has been observed that Sindh has taken a step forward in adhering to the international standards, whereas Punjab has always kept its floor age as 16 years, which raises issues of contradiction in the laws and also allowance of violation of human rights. The federal capital adopts the ICT Child Marriage Restraint Act 2025 that forces both sexes to have an age limit of marrying at 18 years and introduces hard penalties, pointing out to inconsistencies in the laws of provinces. In the comparative analysis we point out cross legislative differences, enforcement issues and cultural-religious obstacles that inhibits efficiency of children marriage restrains. At the end of the article, recommendations are also given to align provincial laws with the ICT Act 2025 and the international commitments of Pakistan to harmonize laws to ensure uniform national standards, enhancement of enforcement measures and community participation in ridding the society of child marriage as a basic human right violation.

Xiao Qin, Zhipeng Shen, Zixuan Zheng et al.

This paper studies the path following problem of underactuated ships under unknown ocean disturbances, multiple obstacles and state constraints. An improved Stanley collision avoidance guidance law based on reduced-order extended observer (EISCGL) is proposed. In dealing with the traditional path tracking problem, this method optimizes the navigation effect on the large curvature route. At the same time, a collision avoidance guidance mode considering the International Regulations for Preventing Collisions at Sea (COLREGs) is designed. The collision avoidance space is dynamically adjusted according to the relative speed of obstacles, and the switching strategy is designed to avoid multiple obstacles in the path tracking process. In addition, the back-stepping method is used to construct an underactuated ship controller considering unknown environmental disturbances and state constraints. Stability analysis shows that the proposed control scheme can ensure that all signals in the closed-loop system are semi-globally uniformly stable. Finally, the effectiveness of the strategy is verified by comparative simulation experiments.

I. M. Yazberdiev

INTRODUCTION. In 2023, the Eurasian Patent Organization prepared and published a Program for the development of the Eurasian Patent Organization until 2028, according to which one of the activities of this regional international organization is the development of the Eurasian dispute resolution system. In addition, the practice of the Intellectual Property Rights Court, a specialized court in the system of arbitration courts of the Russian Federation, indicates a gradually growing number of disputes over Eurasian patents, which inevitably leads to precedent decisions due to the specifics of the legal regulation of relations regarding Eurasian patents. In this regard, it seems relevant to study and evaluate the prospects for the development of dispute resolution mechanisms for Eurasian patents.MATERIALS AND METHODS. The study of the issue under consideration is based on the work of Russian and foreign scientists in the field of patent and international law, the legal regulation of patent dispute resolution, regulatory legal acts of the Eurasian patent legislation, and judicial practice. The methodological basis is based on general scientific and special legal methods (including comparative legal and historical legal methods).THE RESEARCH RESULTS. The study identifies the problems and aspects related to the application of the norms of the Eurasian Patent Convention (EAPC) and Patent Regulations in the process of dispute resolution on Eurasian patents, such as: the multilevel nature of the legal regulation of Eurasian patents, the lack of mechanisms among the EAPC member states to ensure uniform application of the norms of Eurasian patent legislation, the relationship between the norms of Eurasian patent legislation and national patent law.DISCUSSION AND CONCLUSIONS. With the view to ensure uniformity in the application of Eurasian patent law, it is proposed to develop mechanisms for inter-judicial cooperation, as well as to create a unified database of court decisions on patent disputes. Currently, the creation of the Eurasian Patent Court seems premature due to the insufficient number of disputes, but this issue remains relevant in the long term, especially given the possible expansion of the list of protected industrial property objects. In any case, this will require the formation of a judicial pool with technical expertise or the involvement of specialists to consult on complex issues. As an alternative solution, it is proposed to establish a quasi-judicial advisory body that will ensure a uniform interpretation of the norms of Eurasian patent legislation and facilitate the proper resolution of disputes.

Michael Cary

Abstract Although the 2022 cryptocurrency market crash prompted despair among investors, the rallying cry, “wagmi” (We’re all gonna make it.) emerged among cryptocurrency enthusiasts in the aftermath. Did cryptocurrency enthusiasts respond to this crash differently compared to traditional investors? Using natural language processing techniques applied to Twitter data, this study employed a difference-in-differences method to determine whether the cryptocurrency market crash had a differential effect on investor sentiment toward cryptocurrency enthusiasts relative to more traditional investors. The results indicate that the crash affected investor sentiment among cryptocurrency enthusiastic investors differently from traditional investors. In particular, cryptocurrency enthusiasts’ tweets became more neutral and, surprisingly, less negative. This result appears to be primarily driven by a deliberate, collectivist effort to promote positivity within the cryptocurrency community (“wagmi”). Considering the more nuanced emotional content of tweets, it appears that cryptocurrency enthusiasts expressed less joy and surprise in the aftermath of the cryptocurrency crash than traditional investors. Moreover, cryptocurrency enthusiasts tweeted more frequently after the cryptocurrency crash, with a relative increase in tweet frequency of approximately one tweet per day. An analysis of the specific textual content of tweets provides evidence of herding behavior among cryptocurrency enthusiasts.

Yubo Xiao, Muxi Lin, Lu Wang

Abstract To investigate the impact of Green Digital Finance (GDF) policies on sustainable regional development goals, this study exploits the implementation of China’s green finance reform and innovation pilot zones as a quasi-natural experiment to examine the theory and impact of policy channels on sustainable development. A difference-in-differences model was applied to evaluate the impact of policies in these zones based on data from 285 cities in China from 2014 to 2020. Research has shown that the GDF is conducive to achieving sustainable development goals through the effects of financial inclusion and energy transitions, which promote the transformation and upgrading of industrial structures. The impact of the GDF pilot-zone policies on the sustainable development of cities at different levels, locations, resource endowments, and green total factor productivity is heterogeneous. This study provides accurate empirical evidence of the effects of the extensive implementation of the policies adopted in the pilot zones and the expansion of the scale of these zones, and it provides policy recommendations for the GDF.

Noureen Akhtar

In the third decade of 21st century, cyber security has become a completely developed national security paradigm like other prominent security paradigms such as physical security, economic security, and food security. Unmatched pace of technological advancements in the fields of Information Technology, Artificial Intelligence, automation, and communication services have transformed key processes of governance, commerce, and trade from physical to cyber space. As human dependence on cyber technologies increased new questions about the prevailing security models has come to the fore during the same time. Concepts like network security, data security or infrastructure security are no longer isolated domains but have transformed as securitization of cyber domain has become an ongoing global phenomenon.  This paper focuses on how this transformation of geopolitical conflicts, from physical to cyber arena, is taking place where traditional concepts of conventional war are changing. It also examines how cyber security threat matrix is diametrically different from all prevailing military doctrinal construct? These questions certainly demand a new theoretical framework that can put this rapidly emerging new security paradigm. This study attempts to address this important question as well while taking the international and regional developments with special focus on the emerging cyber security domain in Iran.

Mariana Clara de Andrade

Abstract The two-step methodology for the identification of general principles of law deriving from domestic legal systems, consisting of a comparative analysis followed by a transposability test, seems accepted as the undisputed methodology in the current work of the International Law Commission on the topic. This article examines whether this two-step approach finds reflection in the practice of and before the PCIJ/ICJ and in international legal scholarship. The analysis finds that judicial practice does not entirely follow these two steps, but the method is widely upheld in doctrinal writing. The article argues that the decision to codify this two-step methodology can be viewed as progressive development by the Commission, and may signify the crystallization of this method of identification of general principles of law.

Schwenzer Ingeborg, Muñoz Edgardo

This book provides a comparative analysis of domestic laws on contracts and sales in over sixty countries to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present-day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. The book encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. Since the first edition, new case law and legislation have emerged changing the content of the law on contracts and sales in some countries, and changes to the law of contract have been implemented in Argentina, France, Hungary, and Japan. Additionally, there have been 16 further country adoptions of the CISG. The UNIDROIT PICC was updated in 2016, and the ICC released new editions of its INCOTERMS© and force majeure and hardship clauses in 2020. International or multilateral developments that were in prospect (and some which were not) when writing the original edition have now either evolved or disappeared. This new edition provides a fresh comparative analysis of domestic laws and international developments, whilst considering the new case law applying and interpreting uniform projects like the CISG and the UNIDROIT PICC, and the influence this may have in the domestic law on contracts and sales.

Livia Resende Lara

O presente trabalho tem por objetivo identificar o tratamento regulatório concedido às embarcações do tipo FSRU (floating storage regasification unit) pela Agência Nacional de Transportes Aquaviários (ANTAQ) enquanto instância administrativa especializada. O estudo se justifica pela inovação trazida pela embarcação, que, embora autopropulsada e apta a atuar no transporte de GNL, tem sido utilizada em território nacional como unidade estacionária em projetos do setor de óleo e gás. A pesquisa realizada se caracteriza como qualitativa, realizada a partir de coleta de dados primários (CRESWELL, 2007) e de acesso público. As decisões analisadas foram definidas a partir da busca pelas palavras-chave “FSRU” e “regaseificação” entre os anos 2016 e 2021 na base de dados pública da própria instituição. Do conteúdo dos atos decisórios, concluiu-se que as decisões adotadas pela Diretoria Colegiada da ANTAQ não versaram sobre o processo de afretamento de embarcações deste tipo para fins de transporte e apoio marítimo, e são de cunho deliberativo em requerimentos de registro de embarcações FSRU como instalações portuárias ou de caráter interpretativo acerca das normas sobre o uso de tais embarcações em áreas portuárias operacionais.

Thomas Neumann

Receiving contributions from a large number of people is by no means a new method of financing an activity. Popular examples go back to Pullitzer’s campaign to finance the statue of liberty’s pedestal in 1885 and Alexander Pope’s translation of Homer’s Illiad in 1713. With the emergence of the internet and its widespread integration in households it has become possible for fundraisers to reach many more investors. One of the first to harness the power of crowdfunding over the internet was the British rock band Marillion who, in 1996, raised USD 60,000 to finance their tour of the United States using crowdfunding in 1996. Since then, a lot has happened in terms of the number of crowdfunding products, platforms and the amount of money raised. The number of investors engaged in crowdfunding increases, and so too does the number of legislative initiatives and amount of research attention devoted to it. On 13 April 2021 we established the CLEAR research group at Aalborg University. The group has as its declared mission to undertake the study of legal phenomena in crowdfunding and to communicate relevant, research-based knowledge to actors in the field - investors, entrepreneurs, representatives from crowdfunding platforms, and public authorities. Collaboration is in the CLEAR group’s DNA. Hence, we asked a number of crowdfunding scholars and practitioners from around the world to provide us with their views on current legal issues pertaining to crowdfunding. We have held talks with numerous crowdfunding enthusiasts and practitioners and in the end, twelve authors decided to join us in our efforts to increase focus on legal research in crowdfunding through the publication of this special issue of Nordic Journal of Commercial Law. Knowing that the legal aspects of crowdfunding are many, and that crowdfunding and law as a research area is in its infancy, we thought it important to give each author free hands in choosing their topic and perspective in their article. Hence, you will find articles addressing a wide range of issues in crowdfunding in this special issue. I thank all authors for their thought-provoking contributions. I would also like to mention PhD fellow Cecilie Højvang Christensen, research assistant Stefano Cattelan, student assistant Signe Lyngholm Lindbjerg, and student assistant Anna Risgaard Lindbjerg, and to thank them for their contribution in establishing the CLEAR research group at Aalborg University and their assistance in preparing this special issue of the Nordic Journal of Commercial Law.   Thomas Neumann Chair of the CLEAR research group on crowdfunding www.theCLEARproject.dk

A. Grebieniow

Abstract The Principles of Asian Contract Law (PACL) are the most recent addition to the series of uniform laws regarding transnational commercial contracts. This time, the harmonization initiative must address the problem of a great variety of legal traditions, all of which are quite difficult to reconcile. The author focuses on the object and objectives of the PACL by reconsidering the notion of “Asian law” and the alleged cultural neutrality of contract law as a legal discipline. The paper argues that the PACL project lacks clarity. Its ambitious objectives, while apparently intelligible, fail to produce the desired results in their entirety: the Asian regional harmonization of contract law turns out to resemble its occidental forerunners. The study goes beyond the traditional comparative law. It explores the model law (in the making) in a broader context of legal policy, parallel regional private-law-making efforts in the field of contract law as well as in the context of legal globalization.

D. Abebe, Tom Ginsburg

For many, the growing judicialization of international relations is the next step in the process toward the complete legalization of international politics. We draw on the literature in comparative judicial politics to examine the limits of the phenomenon. The domestic literature on judicialization portrays the process as something of a one-way ratchet. In an increasingly juridified world, judges have been asked to take on greater roles in global governance, and they seem to be doing so with aplomb. This in turn incentivizes individuals and interest groups to frame their policy claims in legal terms, providing ever-more fuel for judicial governance. Yet many courts and other legal institutions, both domestic and international, have had their jurisdiction constrained, with some areas of law removed from judicial purview. Might the dynamics of constraint and backlash lead to the dejuridification of an area that has been judicialized? We conceptualize the possibility of what we call dejudicialization, situate it in the context of the literature on backlash, and delimit its potential scope and implications. While dejudicialization is empirically rare, we argue that its very possibility suggests that judicialization should not be considered a teleological process.

Paweł Borecki

The judgment of March 31, 2020, file ref. II CSK 124/19, has great social and legal significance. It is the first Supreme Court ruling concerning the civil liability of church legal entities for pedophilic acts committed by a clergyman. The Supreme Court shared the view of the Court of Appeal accepting the liability of church legal persons in the light of all the facts of the case of Art. 430 of the Civil Code (culpability in supervision). However, it convincingly distanced itself from the position of the District Court (court of first instance) that liability under Art. 429 of the Civil Code (culpability in choice) should be taken into consideration. In the justification of the judgment, the Supreme Court conducted a thorough analysis of the premises for the civil liability of church legal persons for the activities of a religious person subordinate to them. In particular, it stated that if the perpetrator acts for personal gain and the performance of the official activity enables him to cause damage, the superior cannot effectively raise the objection that the subordinate caused said damage only in the performance of the entrusted tasks. Thus, the Supreme Court upheld the interpretation of Art. 430 of the Civil Code, assuming the liability of legal persons for damage caused by a subordinate. It distinctly applied this liability to church legal entities. When appointing the adjudication panel of the Supreme Court, impartiality was preserved. On the other hand, doubts are raised regarding the Court’s neutrality in terms of world-view in some parts of its judgment justification. The judgment of March 31, 2020 must be assessed as brave and just. It has the chance to set the course of judicial decisions in matters of the liability of religious legal persons for pedophilic acts committed by clergy acting under their supervision. The justification of the judgment is understandably critical towards the perpetrator and church legal persons superior to him, and also sometimes towards the provisions of the Code of Canon Law. It should be emphasized, however, that the judgment is not an “indictment” against the Catholic Church as such, and even less so against religion.