http://hdl.handle.net/11089/1116 Wed, 29 Apr 2026 14:54:56 GMT 2026-04-29T14:54:56Z http://hdl.handle.net/11089/58158 Znaczenie prawne decentralised autonomous organisation Wiącek, Tomasz The research objective adopted in this dissertation is to determine the legal meaning of the DAO, i.e. Decentralised Autonomous Organisations. A DAO is a digital entity based on software − smart contracts − executed on the blockchain. However, beyond its computer code, a DAO also requires a human component. Thus, a DAO may be defined as a specific type of association based on a decentralised, semi-autonomous system. From an ontological standpoint, a DAO, as a decentralised digital entity, represents an exceptionally innovative phenomenon. By addressing this subject, the dissertation fills a research gap within Polish legal scholarship concerning the legal relevance of DAOs. The dissertation examines the hypothesis of the alegality of decentralised autonomous organisations, which posits that DAOs, in their proper understanding, cannot be effectively regulated by statutory law. This is due to the technological characteristics of DAOs as decentralised entities that exist through blockchain technology. The research conducted for the purposes of the dissertation allows for substantial confirmation of the examined hypothesis. As DAOs − according to the assumptions of blockchain advocates − are not controlled by any single entity or organised group, but rather by a community of independent software users, the state should not strive to regulate their operations at all costs. In relation to such DAOs, legislators’ approach should be based on the so-called “inclusion by exclusion.” This approach assumes the legal recognition of the existence of DAOs while specifying that entities of this nature are not subject to certain regulatory obligations. However, the hypothesis of DAO alegality can be reasonably challenged in part. Many DAOs operating in practice, despite their declared decentralisation, possess points of centralised control. This includes, above all, the ability to update DAO software, transfer funds stored in DAO smart contracts, or determine the organisation’s direction through voting, where a narrow group of individuals holds a majority of governance tokens and thereby exercises control. Within the author’s proposed legislative and regulatory approach to DAOs presented in the dissertation, it is argued that entities exercising such control − if they can be identified − should bear responsibility for the DAO’s actions, including violations of the law. The first part of the doctoral dissertation focuses on general issues of blockchain technology and its legal relevance. The second chapter addresses the question of what a DAO is, based on a systematic review of the literature. The third chapter, which also examines the nature of DAOs, presents the results of empirical analysis. The fourth and final part of the dissertation focuses on the legal aspects of DAOs and presents final conclusions regarding their legal relevance. The research results largely confirm, but also partially refute, the hypothesis verified in the dissertation. Moreover, the considerations on the legal relevance of DAOs have allowed for the formulation of several original subsidiary conclusions. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/58158 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57762 Przestępstwo niealimentacji w polskim prawie karnym. Zasadność utrzymywania karalności w art. 209 k.k. Koczy, Nikola This doctoral dissertation examines the legitimacy, proportionality, and necessity of maintaining criminal liability for non-alimony under Article 209 of the Polish Criminal Code. It analyzes the legal, constitutional, and social dimensions of penalizing the failure to fulfill alimony obligations, particularly in light of the 2017 amendment, which expanded the scope of criminal liability. The main objective is to assess whether criminal sanctions remain a justified and effective instrument for enforcing alimony obligations in the context of the constitutional principle of proportionality. The study employs a formal-dogmatic method, supplemented by historical, statistical, and sociological analyses, including an evaluation of legislative developments, case data, and public attitudes. The findings indicate that, despite the scale and social significance of non-alimony, the effectiveness of criminal law in ensuring compliance is limited. Penal measures may fail to achieve their preventive function and can negatively affect the debtor’s capacity to fulfill financial obligations, particularly in cases involving imprisonment. The dissertation also highlights the role of non-penal mechanisms, such as civil enforcement and administrative instruments, which may provide more effective and proportionate solutions, consistent with the principle of criminal law as ultima ratio. It concludes that the continued criminalization of non-alimony raises serious concerns regarding proportionality and effectiveness, and calls for a reconsideration of current legal policy in favor of less restrictive enforcement measures. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57762 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57735 Indicators and the international protection of health-related human rights. A study of the World Health Organization’s practices during the COVID-19 pandemic Byczyński, Michał The dissertation examines the role of indicators in shaping the interpretation and implementation of health-related human rights, with particular emphasis on the practice of the World Health Organization in the context of COVID-19. The crisis exposed structural weaknesses of global health governance, reflected in fragmented state responses and the limited capacity of international institutions to ensure coordinated action. Although formally mandated to provide leadership, the WHO operated under significant political and financial constraints, which reduced its ability to secure compliance with its recommendations. As a result, the Organization increasingly relied on various regulatory instruments, including guidelines, expert assessments and indicators, in order to steer state behaviour. The study investigates whether indicators function merely as interpretative tools or whether they actively shape the substance and application of legal obligations. Given the inherent indeterminacy of health-related human rights, indicators are analysed as instruments capable of translating abstract legal standards into measurable expectations. However, their use raises concerns regarding simplification and selectivity. Indicators are thus situated at the intersection of law and governance, demonstrating their dual legal and epistemic effects.The findings suggest that indicators not only influence compliance assessment but also shape the understanding of obligations themselves. Ultimately, the dissertation argues that indicators have a constitutive role in contemporary international law, while emphasizing the need for their critical and responsible use to ensure that quantification supports, rather than distorts, the realisation of human rights. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57735 2025-01-01T00:00:00Z http://hdl.handle.net/11089/57574 Zasada realnego wykonania zamówienia publicznego Drozdowicz, Michał This dissertation explores legal solutions in the fields of public procurement law and the law of obligations relating to the principle of specific performance of a public procurement contract. The dissertation verifies three theses. Firstly, within the context of public procurement law, the principle of specific performance of a public procurement contract, resulting from the application of Article 354 of the Civil Code, is oriented towards the satisfaction of collective (public) needs. 2) This principle is subject to stricter requirements in public procurement law through numerous normative solutions and their appropriate interpretation; each solution is focused on the purpose of the purchased services, supplies, and construction works. The obligation of specific performance of obligations in the sphere of public procurement contracts is subject to safeguards due to the limitation of the contracting authority's autonomy and the contractual freedom of the parties because of numerous mandatory and semi-mandatory provisions. Important obligations under public law include the analysis of the contracting authority's needs and requirements, the adequate description and proper estimation of the subject of a public procurement contract, the duty to pursue claims to which the contracting authority is entitled, and the preparation of a report on the performance of a public procurement contract. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11089/57574 2025-01-01T00:00:00Z