Illegal organisations, or other illegal cryptocurrency entities, are groups transacting with cryptocurrency whose activities do not necessarily rise to the level of criminality, but are nevertheless considered risky due to activities balancing on the edge of legality or reputational risk. One example of such entities are implicitly sex-related sites such as RubRatings. The site in question allows massage therapists to publish advertisements encouraging clients to use their sexual services and includes Bitcoin as a payment option. While services offered by the said website are as a rule legal, the RubRatings website implies the availability of sexual services and the site itself is listed as a human trafficking intermediary, therefore the RubRatings organisation, can be categorised as illegal.

Domestic Extremism and Racial Hatred

Another example relates to the organisations and public figures associated with domestic extremism and racial hatred. Many of these organisations accept donations in the form of cryptocurrencies, and it can be expected that more will follow, as with the current interest in cryptocurrencies, organisations will continue to move away from conventional payment. Examples confirming this trend are publications such as the Daily Stormer, as well as the work of public figures such as Nick Fuentes. Extremist rhetoric itself is generally not illegal in most jurisdictions, but many of these groups have been linked to incidents involving outright violence. Examples of such incidents include: The 2017 Unite the Right rally in Charlottesville, Virginia or the 2021 riot in front of the US Capitol. In the latter case, Chainalysis found that several people with alt-right views, including some associated with the rally immediately preceding the riot, had received large donations in bitcoin one month earlier.

Who are Shadow Brokers?

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The epidemic caused by the Covid-19 virus has significantly introduced changes in the search for safe solutions for people-to-people contact. These changes also affected the courts and the mode of court hearings, in order to ensure the greatest possible safety for the parties to the proceedings and court employees. In this situation, the best way to limit direct contact was the possibility of using electronic communication methods.

Legal basis

Amendment to the Polish Act of March 2, 2020 on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and the emergencies caused by them, implemented by two acts of May 14, 2020 and May 28, 2021, allowed for the possibility of holding court hearings in Polish courts with using means of distance communication. The change resulting directly from article 15 zzs¹ of the Polish Act of 2 March 2020 allowed for the possibility of participating in a remote hearing from a place other than the court, because until now the Polish Code of Civil Procedure allowed for the possibility of conducting a remote hearing, but the persons participating in it had to be present in the court building. Pursuant to article 15zzs¹ point 1 of the Polish Act of 2 March 2020, during the period of the epidemic threat or epidemic state announced due to COVID-19 and within one year of the last of them being recalled in cases examined under the provisions of the Polish Code of Civil Procedure, court hearings or open sessions are held with the use of technical devices enabling them to be carried out at a distance with the simultaneous direct transmission of image and sound, except that the people participating in them do not have to be in the court building, unless holding a hearing or a public hearing without the use of the above devices causes excessive health risk to the participants.[1]

Conducting remote hearings- modes of proceedings

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Online interrogation of a foreign witness by a Polish court in a commercial court case – practical bullet points on the example of a specific witness summons.

The changes in the functioning of the justice system caused by the COVID-19 have been ongoing since the first quarter of 2020. The first of them were introduced in the Polish legal system at the beginning of March 2020, and to date these regulations have already been amended several times. The changes mainly concern court proceedings, the way in which cases are dealt with, as well as the issue of questioning witnesses. The present article will focus on the latter issue, in order to explain in detail how a witness is summoned and examined by a Polish court.

In accordance with article 15 zzs¹ of the Polish Act of March 2, 2020 on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them (hereinafter as the “Act”):

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The Wall Street Journal recently described quirks in the U.S. Tax Treaty with Malta that became a popular topic in the legal advice sector.[1] In the said article, WSJ describes an offshore tax shelter (a tax regulation in Malta) which promises rich Americans they can avoid lots of capital-gains taxes by setting up pensions in Malta. This issue is not only American struggle with tax abuse. For instance, Poland has also signed an international tax treaty with Malta (Agreement between the Government of the Republic of Poland and the Government of Malta for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed in La Valetta on 7 January 1994)[2] and in 2020 the Treaty was amended due to the necessity of closing loopholes in the international (bilateral) tax system[3]. Moreover as a restoration of the Polish industry after COVID-19 pandemic, the Polish Government and the Ministry of Finance prepared the new Tax Act which shall prevent the change of the entity’s tax residence to the offshore tax shelter [4].

Before we move to the tax abuse based on the U.S. bilateral tax treaty with Malta it is advisable to start with Treaty’s provisions treatment.

U.S. – MALTA TAX TREATY

The Treaty was done in 8 August 2008 and came into force in late 2010. As Jeffrey L. Rubinger wrote The Treaty contains very favorable provisions that can result in significant tax benefits to U.S. members of a Maltese pension. In order for such U.S. members to take advantage of these benefits, the pension must qualify as a resident of Malta under the Treaty and also satisfy the limitation on benefits (LOB) article of the Treaty. [5] In his article Rubinger enumerates the Treaty’s provisions that could become a victim of the interpretation tax abuse.

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On 7 September 2021 KIELTYKA GLADKOWSKI will take part in the Webinar Analysing the Role of Telemedicine in Post-Pandemic Care organised by Reuters Events in conjunction with the Digital Health division of the World Health Organisation which provides opportunities to accelerate progress in attaining health and well-being related Sustainable Development Goal (SDGs), especially SDG 3, and achieving triple billion targets for 2023 as articulated in its Thirteenth General Programme of Work (GPW13).

The webinar will focus on the growing importance of remote telemedicine, its aspects and opportunities. The speakers will include:

– Peter Thomas, CCIO and Director of Digital Medicine at Moorfields Eye Hospital

– Toralf Schnell, Chief Digital Officer and Head of the Digitization Unit at University Medicine Greifswald

– Dr. Evgeny Zheleznyakov, Technical Officer, WHO European Centre for Primary Health Care.

Telemedicine and digital health remains in the core specialisation of lifescience and healthcare expertise of KIELTYKA GLADKOWSKI, having vast experience in handling projects at the intersection of new technologies and healthcare, including data protection, regulatory and transactional aspects.

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