Browsing by Author "Sachajko, Marek"
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Item Charakter prawny postępowania przed Urzędem Ochrony Konkurencji i Konsumentów(Wydział Prawa i Administracji UAM, 1996) Sachajko, Marek; Żółtko, MarekThe July 24, 1990 Act on counteraction against monopolistic practices (Antitrust law) was enacted with aim to guarantee a development of competition, protection of economic entities exposed to monopolistic practice, and protection of the consumers'interest. In this act there are regulated both substantive and procedural matters. The anti-trust procedure before the Office has its specific characteristics which are quite different from the general principles of administrative procedure. Provided above analysis of laws, judicial decisions, and legal literature allowed to show all particular, different points of the procedure before the Office where there are, inter alia, ways to start the procedure, question of standing, oneinstance process, and also a different regulation of recourse.Item ISTOTA I CHARAKTERYSTYKA PRAWNA ANTYMONOPOLOWYCH KAR PIENIĘŻNYCH(Wydział Prawa i Administracji UAM, 2002) Sachajko, MarekTo sanction effectively any violation of antitrust obligations, the Polish legislator has created a system of administrative and legal measures comprising administrative sanctions and financial sanctions, regulated in section 6 of the respective act. Cash penalties are administrative and legal sanctions. Although they share a number of common characteristics, they also differ in many major respects, so that the legal nature of these measures is incoherent, despite the fact that they function under one term. Under the Polish Act of 2000 on the Protection of Competition and Consumers one can distinguish three separate types of cash penalties: administrative cash penalty, cash penalty aiming at coercion, and a penalty that is a procedural coercion measure. An administrative cash penalty is imposed for a violation of the sanctioned antitrust legal provisions. The grounds for its imposition are a failure to discharge one’s obligations imposed by the force of a legal act. This penalty is a type of an administrative and penal sanction: an administrative penalty. A cash penalty exerts coercion by coercing the penalised party into a specific action. This penalty bears attributes similar to those o f administrative executive measures. The last group of antitrust cash penalties is included among the measures of procedural coercion, which are a type of the so-called procedural coercive measures. These measures aim at ensuring a proper course of proceedings. Referring in the Act to each of the above mentioned sanctions with the same term of „cash penalty” is an incorrect solution, as it does not eliminate the need to interpret the character of those sanctions at the level of law application. Furthermore, it is incorrect to regulate markedly different penalties in the aggregate in the same part of the Act. The legislator should increase legal certainty in interpreting the competition protection law by introducing different terms for penalties and by separating legal institutions of differing character within the same text unit of a legal act. Such solutions would increase both the legal certainty and the possibility to decode the legal penalty norms more easily.Item KWALIFIKACJE SYNDYKA. PROBLEMATYKA INTERTEMPORALNA(Wydział Prawa i Administracji UAM, 2013) Mikołajewicz, Jarosław;; Sachajko, MarekPrawo upadłościowe jest prawem, w którym skupia się złożona problematyka teoretycznoprawna. W niniejszym opracowaniu poruszone zostały dwa takie zagadnienia: konstrukcji organu procesowego, jakim jest syndyk, i reguł intertemporalnych oraz dostosowawczych, które dotyczą zmiany owej konstrukcji ograniczającej krąg podmiotów mogących być substratem osobowym tego organu do osób posiadających określone ustawą kwalifikacje.Item OBOWIĄZKI PRZEDSIĘBIORCY I KARNOPRAWNE KONSEKWENCJE ICH ZANIECHANIA(Wydział Prawa i Administracji UAM, 2002) Sachajko, MarekThe Business Activity Law Act regulates such areas as the obligations involved in undertaking and conducting business activities by entrepreneurs. These obligations have a variety of legal characters and they serve a number of different functions. They refer, for instance, to the conditions of conducting a business activity, possession of appropriate professional qualifications to conduct specific types of business activity, registering an entrepreneur and traded products as well as requirements regarding payment transactions in trade with existing entrepreneurs on the market. Violation of one’s obligations entails a number of different legal consequences other than administrative, such as penal liability for violation. However, in order to consider a breach of one>s administrative duties to be a violation of the law, each of the two conditions must be met: the committed act must be unlawful (prohibited by an act under the threat of a penalty) and injurious to the public. A violation of an order does not entail liability for a violation of the law i f the act is not injurious to the public. Criminal provisions are regulated by chapter 9 of the act. However, because of the textual character of any criminal norm, which is to refer to other legislative texts, the definition of a violation is determined not only by the Business Activity Law Act but also other administrative legal norms referred to by the Act. There is a large number of administrative and legal norms regulated in separate acts and binding for an entrepreneur in the course o f conducting a business activity. This article only deals with the criminal consequences of neglecting these obligations. It is a duty of eligible administrative bodies to oversee the discharge of these obligations imposed upon entrepreneurs. If a violation (as defined in chapter 9 of the Act) is disclosed, then eligible administrative bodies have the powers of a public prosecutor, providing that they have disclosed the violation and applied for the punishment in the scope of their competences. The court competent to consider violation cases is the regional court, which applies the procedure proper for violation cases. According to the principle o f criminal law subsidiarity, criminal measures only serve a supplementary function to the administrative means of administrative duty obligations imposed upon entrepreneurs. In administrative law enforcement the main role is played by administrative law instruments including administrative execution means. These execution means are the most apt for the character of the activities that are taken by the administrative bodies and that aim at implementing the norms of material administrative law on undertaking and conducting business activity.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2009) Sachajko, MarekWyłączenia grupowe spod zakazu porozumień ograniczających konkurencję we Wspólnocie Europejskiej i w Polsce, red. Agata Jurkowska, Tadeusz Skoczny, Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego, Warszawa 2008, ss. 576.Item UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE(Wydział Prawa i Administracji UAM, 2000) Mikołajewicz, Jarosław; Sachajko, MarekThe Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy and of a receiver o f separated part of the estate in bankruptcy - with special taking into consideration of the doubts that have emerged because of recent changes in the law. Dressing a revision of some older and of some presently introduced legal regulations, the Authors devote much place to general intemporal issues of adequate procedure; they are trying to find the answer to a question which o f the provisions - the „older” or the „newest” should be applied after entering in force of the „new law” in case of proceedings that have been instituted before the entering mentioned but never ended, up to the present. The Authors ascertain the fact that not in every case a change of binding laws is being operated in enough simple and clear manner - from the point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult situation could be put in order by a simultaneous entering in force of adequate law and of executive regulations. The whole problem could be thus limited to skilful and proper application of the principle lex retro non agit - what should certainly appease present debates among receivers in bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure of work - do stray one from another in a too flagrant manner.Item UWAGI NA TEMAT WYNAGRODZENIA SYNDYKA MASY UPADŁOŚCIOWEJ. PROBLEMY INTERTEMPORALNE(Wydział Prawa i Administracji UAM, 2000) Mikołajewicz, Jarosław; Sachajko, MarekThe Authors discuss questions relating to legal bases for remuneration of a receiver in bankruptcy and of a receiver o f separated part of the estate in bankruptcy - with special taking into consideration of the doubts that have emerged because of recent changes in the law. Dressing a revision of some older and of some presently introduced legal regulations, the Authors devote much place to general intemporal issues of adequate procedure; they are trying to find the answer to a question which o f the provisions - the „older” or the „newest” should be applied after entering in force of the „new law” in case of proceedings that have been instituted before the entering mentioned but never ended, up to the present. The Authors ascertain the fact that not in every case a change of binding laws is being operated in enough simple and clear manner - from the point o f view o f an average addressee of legal norms. They are o f the opinion that such a difficult situation could be put in order by a simultaneous entering in force of adequate law and of executive regulations. The whole problem could be thus limited to skilful and proper application of the principle lex retro non agit - what should certainly appease present debates among receivers in bankruptcy - for whom remunerations admitted presently by the courts - in case of similar expenditure of work - do stray one from another in a too flagrant manner.Item ZNACZENIE KOORDYNACJI I WSPÓŁPRACY W ZAKRESIE ZWALCZANIA KARTELI ANTYKONKURENCYJNYCH W PERSPEKTYWIE MIĘDZYNARODOWEJ(Wydział Prawa i Administracji UAM, 2006) Swora, Mariusz; Sachajko, MarekThe paper deals with international implications of anti-competitive cartel law enforcement. The main issue discussed in the paper is the effectiveness of international legal tools regulating anti-cartel laws enforcement, including, in particular, the leniency programmes. The authors examine the activities of international organisations (especially OECD and ICN) concerning fighting cartels, the US and EU approach to international cooperation within the World Trade Organization, extraterritorial enforcement of the US and EU laws against cartels and the effectiveness of leniency programmes. The authors are skeptical about the possibility of adopting a multilateral antitrust agreement at the WTO, considering particularly US approach. On the other hand, there are legal tools (mainly bilateral agreements) that enable fighting international cartels within a decentralized antitrust law enforcement system. Apart from bilateral agreements, actions against cartels are also taken by certain states through extraterritorial enforcement o f anti - cartel laws. The authors claim that within the system of domestic anti-cartel laws it is necessary to take measures to ensure that anti-cartel sanctions, including those available in criminal law, are effective.