Krytyka Prawa. Niezależne Studia nad Prawem

Definicja legalna nośnika reklamowego i jego typów. Wnioski de lege lata i postulaty de lege ferenda

Szlachetko, Jakub H. Olzacki, Kamil

Uniwersytet Gdański

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Abstract

The resolution of the municipal council on establishing the rules and conditions of situating the objects of street furniture, advertising boards and devices, gates, their dimensions, quality standards and kinds of materials, which they can be made of (it is called thelandscape resolution’ and also the ‘advertising resolution’ in literature), is a legal tool that serves landscape protection. However justified and necessary it is, the legal definition of terms that are basic for its content is accompanied by certain structural doubts that translate into the practice of applying law. In this article, the authors identify those flaws of the applicable regulation and make suggestions of their own legal solutions, especially introducing the legal definition of the term ‘advertising medium’ (replacing the current ‘advertising board’ and ‘advertising device’), as well as the definitions of individual types of media, to the legal order. The dogmatic and legal analysis is concluded with a draft of the appropriate legal provision.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 14 
Issue 2 
Issue date 6/2022 
Type Article 
Language pl
Pagination 184-201
DOI 10.7206/kp.2080-1084.530
ISSN 2080-1084
eISSN 2450-7938