The concept of evidence has many meanings. It can mean the course of reasoning that leads to a conviction about the state of affairs, evidentiary proceedings, means of evidence, source of evidence or evidentiary fact. In legal literature, the concept of evidence is variously defined as: a mental act, the purpose of which is to indicate the truth or falsehood of specific statements. Evidence in the strict sense is understood as a means of evidence, i.e. that means that allows one to be convinced of the existence or non-existence of facts, and thus of the truth or falsehood of statements about these facts [1]. The right to evidence also appears in the doctrine, described as: “The right to evidence can be derived from the constitutional right to court. Without evidence, the realization of the right to court would be illusory. The right to evidence should be perceived today not only as the possibility of conducting evidentiary proceedings in order to prove the truth of knowledge of facts already possessed, but also as the right to learn about other existing evidence, the taking of which before the court could enable the party to learn about information unknown to it about facts concerning its right [2]. In turn, the Code of Civil Procedure (CPC) in Article 227 states that “the subject of evidence are facts that are of significant importance for resolving the case”. A special type of evidence is evidence from the examination of a witness regulated in the provisions of Articles 258 – 277 of the CPC. This evidence is a special case, because, as a rule, its taking is completely oral, which requires the activity of the judge and the parties during its taking.
Temporary admission is, due to its specific purpose, one of the categories of special procedures regulated by Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269 of 10.10.2013, as amended, hereinafter referred to as the “UCC”). The temporary custom admission procedure allows for partial or total exemption from customs duties for the transport of non-Union goods intended for re-export. They are also not subject to other duties specified in other regulations and trade policy measures (unless they prohibit the introduction of goods into or exit from the customs territory of the Union). Works of art, in order to qualify for this procedure, must be: imported for a specific purpose; identifiable (except in justified cases) and re-exported within a specific period (this period is set by the relevant customs authority so as to enable the purpose of the import to be achieved).
Sypher is a technology company that creates privacy and compliance management software, headquartered in Bucharest, Romania. Sypher’s founders have over 40 years of combined experience in designing and implementing projects requiring data security and protection compliance in the e-commerce, banking and insurance industries.
KIELTYKA GLADKOWSKI KG LEGAL takes part in their webinar “Managing the Interplay Between the AI Act and GDPR” on 22 January 2025.
Entrepreneurs use various types of contracts in the course of conducting business activity. In business transactions, there are named contracts (i.e. regulated by the provisions of applicable laws) and unnamed contracts (i.e. contracts permissible due to the principle of freedom of contract, but not regulated in any applicable legal act). The type of contract depends on the characteristics of the legal relationship established between the parties. The name of the contract itself does not determine its nature, which is why a civil law contract may be recognized as an employment contract.
On 14 January 2025 Patryk Piecha of KIELTYKA GLADKOWSKI KG LEGAL had the great pleasure of participating in a webinar organized by Dow Jones devoted to “Sanctions: The Outlook for Policy and Enforcement.” This was a chance to familiarize with experts’ opinions on the impact of the incoming U.S. administration under President-elect on global policy and the economies of U.S. allies and the European Union. The speakers were Nicholas Elliott, Miroslava Panuscikova, Tom Blass, Rachel Ziemba, and Rachel Fiorill. The webinar consisted of two parts. The speakers firstly provided a detailed analysis of various statistical data, such as the monthly changes in sanctions from 2020 to 2024, with particular attention paid to the sudden changes starting in February 2022 (Russia’s aggression against Ukraine), when there was a significant increase in sanctions imposed, particularly by the EU on Russia. The biggest leader in sanctions during this period was OFAC, the U.S. Office of Foreign Assets Control. The speakers also discussed UN sanctions (on various countries), which have remained unchanged over the past two years, while EU sanctions have been undergoing substantial changes, especially with respect to Ukraine.
