Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1982, nr 3
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Item Teoria środków produkcji materialnej a społeczeństwa współczesne(Wydział Prawa i Administracji UAM, 1982) Kozyr-Kowalski, StanisławThe above article belongs to the series of treatises aiminig at attributing such a form to categories and propositions of the historical materialism to make them become not only a mean of theoretical reflection on the m o d e r n societies but also a premise of field-empirical, sociological and economic research. The first part of the article is an attempt of the new interpretation of the proposition inherent in the historical materialism i.e. of "defining" a society as a whole (formation of a society) by its economic structure. Five basic processes, through which the "definition" of the social formation by its economy is carried into effect, are quoted there, as well as five theoretical and methodological functions performed by the respective sub-theories of the theory of the economic structure in examining economy ais a whole and a society as a whole. The arguments presented in the second part of the article are in favor of a proposition that the understanding of the part played by economy in the formation of a society advocated by the historical materialism is still not obsolete but it can also help to disclose that a majority of categories presently applied in the analysis of interactions between economy and non-economical structures is biased with the theoretical archaism and the Robinsonian approach. All the categories of the theory of means of material production analyzed in the article are serving to criticize and positively overcome the above mentioned bias; these are: "material labor", "objects of labor", "direct and indirect means of the material labor", "mental means of the material production", typology of conditioning processes presented within the structure of means of material production. The following concepts are considered to bear the traits of the theoretical archaism and the Robinsonian approach: "manual labor", "mental work", "instruments of labor", as well as other concepts identifying the means of production with a set of material objects and the powers of production with the means of production.Item Spór o budżety terenowe(Wydział Prawa i Administracji UAM, 1982) Wierzbicki, JanuszThe author examines opposing attitudes of scholars and of the central administration to a question of reconstruction of budgetary administration rules of the local authorities. The first ones, in majority, are advocating decentralized activity of local organs, aiming at adjusting their budgetary administration rules to the decentralization requirements, while the latter debaters are trying to maintain the centralized system of controlling that activity of local organs retaining there by present rules of their budgetary administration and indicating at the same time at the capacities of the system to make the administration more flexible. The need of breaking away from the old centralized and bureaucratic system of administering local economy where the role of people's councils is reduced to consultative and partially control activities is the premise of scholars' attitude. The need of counteracting unequalities in regional socioeconomic developement which are intensified in consequence of limiting the centralized control of local organs activities is the premise of the attitude of the central administration. The author's position on the designed solutions of the local budget reform rests in those premises. The arguments of the representatives of central financial administration are critically analysed and supplemented by the author's comments on the new solutions designed by scholars. The focus is on three questions: budgetary administration essentials in the decentralized system, problems of basing the decentralized activities of local organs on their revenues and a possibility of practical application of the long-term budgetary planning, stabilizing revenues of local organs in the five-year planning periods.Item Aktywność społeczno-zawodowa i społeczno-polityczna oraz stosunek pracowników do pracy w socjologii pracy(Wydział Prawa i Administracji UAM, 1982) Sikora, JanThe task of this article was to comment on the variety of concepts and definitions defining grounds of the subject of sociology of labor. The problem was discussed on the example of understanding of socio-professional and socio- -political activity and of the relation of the employers to their work. After having presented several approaches of various authors to that activity, I made an attempt of the sociological definition of those problems. I have accepted that the socio-professional and socio-political activity is a form of social activity in general. The first one is considered to be linked with the productional business, while the latter is connected with a non-productional sphere of an enterprise. The actual symptoms of the activity present in the working place were also indicated. The current socio-political situation of the country results in the extensive demand for the developement of that kind of activity. Therefore both kinds of the activity are determined by the objective global social needs and by the subjective willinness of an individual to undertake them. The socio-professional and socio-political activity is forming, among others, the employers' relation to their work. That problem became a subject of study in the second part of the article. I have indicated the complexity and changeability of that question influenced by the historical conditions. As I have emphasised the relation to work is resulting from the effect of various social factors, both general and specific, subjective and objective ones. The relation to work is a social relation and a type of social behaviour. I have considered the economic and social impact of the problem and indicated the tasks of the research on the relation of employers to their work. The empirical study reveals ignorance of that question both in the working places and in the institutions deciding of the socio- economic policies of the country.Item Problemy harmonizacji systemów podatkowych krajów członkowskich Europejskich Wspólnot(Wydział Prawa i Administracji UAM, 1982) Komar, AndrzejThe article touches upon the problem of the harmonization of taxes in the European Communities' Member States. It takes into consideration the two reasons of harmonization: abolition of taxation barriers among Member States and endowment of the Communities' budget with own resources. Particularly, quite a lot of interest has been devoted to the harmonization of value added tax because this problem is very much advanced. A lot of interest has been also devoted to the harmonization of consumption taxes. However, the results here are rather modest. As to the other taxes, the Commission has prepared only the suggestions of their harmonization. Meanwhile, they are being lively discussed. Yet, the problem of harmonization is the urgent one, considering the decreasing possibilities of financing of the European Communities' expenditures. The article underlines the difficulties which may be found in the process of the harmonization of taxation systems, although some progress has been noticed in this matter.Item Dochody rolnicze ludności chłopskiej jako czynnik postępu cywilizacyjnego na wsi w Polsce Ludowej(Wydział Prawa i Administracji UAM, 1982) Czyżewski, AndrzejThe assumption was made by the author that changes of the income situation of farm population are reflected in the developement or setbacks of the civilizational progress of the country. It was identified with changes in the living standards of farmer families. In consequence much attention was devoted to the proportions of distribution of earned income in agriculture, in order to emphasize the relation between economic base of individual holdings and changes in material living conditions of farm population. The article is opened with the analysis of tendencies of agricultural income shaping which at the same time serves as the source of information on the economic revival and recession in the country i.e. on their periodical division. Further deliberations indicate at the interrelations between economic base of farms and the level of consumption and the interest in non-productional investments. Particular importance is attributed to the expenditures belonging to the sphere of the so-called "other consumption" which is treated as an indicator of the civilizational progress of the country. There are also comparisons drawn on the rate of growth of work efficiency of the employed in farming and on consumer's money. That can visualize a role of the price factor in the processes of progress in the country. The conclusions indicate that fluctuations in the level and rate of growth of agricultural income can influence the reproductive processes in farms. In case of negative fluctuations they were manifested not by limiting productional investments but by changes in invetntories and in herds (stocks) which is mostly in the field of breeding. At the same time farms developed their productional investments as much as they could, without relating it to current profitability of production. They realized that the increase in profitability has to come, however as the experience taught, it would be short-lived, on account of the fact that purchase prices are not adjusted to the level of living costs. That type of reasoning, espesially the strife of farms to strengthen their economic foundations by means of investment can on the one hand prove the vitality and rationality of that economy, and the other- the openness to the processes of progress in the country. These latter, however, were halted by agricultural policies of the Statte, pariticuilarly as regards prices. It is also found that the developement of consumption and of non-productional investmeats in the country was of a cyclical character. It influenced directly shaping of the civilizational progress in the country. The driving force of that process i.e. the economic base of private farms was narrow and changing over time. Some tendencies of its increase have been marked throughout the examined period. That process was however slow and not without disturbances.Item Przegląd piśmiennictwa RPEiS 44(3), 1982(Wydział Prawa i Administracji UAM, 1982)Item Faszyzm i prawo(Wydział Prawa i Administracji UAM, 1982) Olszewski, Henryk; Zmierczak, MariaThe fiftieth anniversary of Hitler's rise to power became an occasion for the authors of the article to make an attempt to define fascism and to examine the relations between fascism and the law: indeed, it was the German brand of fascism which was its most mature, complete and "classical" form. The relation between fascism and the capitalist formation is the crucial point of the discussion on the essence of fascism. The critical review of the previous theories, mostly those of H. Rauschning (the revolution of nihilism), H. Arendt (the theory of totalitarianism) and of E. Nolte (the theory of phenomenology) allow for a conclusion that there had been a link between the capitalism and fascism, contrary to their assertions. The big business did nothing to obstruct Hitler's rise to power. Yet, that relation was not all that simple as it was advocated by the members of the Comintern and communist parties. Most generally fascism can be defined as a set of phenomena organically linked with the crisis of the capitalist formation under conditions of presence of socialism, not only in the sphere of social consciousness but also in the political and legal superstructure. The fact that fascism is a complex of phenomena compels the scholar into the analysis of its essentials. The fascist movement and premises of its appearance are examined in the article. The Nazis had always been driving at the dictatorship and it was precisely the way their State became organized. A principle of Führer's leadership was its ideological justification, yet the dictatorship was not limited only to the charismatic Führer, the fascist dictatorship was the collective and hierarchical one. The Nazi world outlook (Weltanschauung) is another element of the definition of fascism. Muddled and incoherent it was, containing several slogans cementing power of the Führer: it involved his cult, the myth of the nation and of the race. All theoretical reflections, religion and morality were to be replaced, fascism claimed whole man for himself. Fascism is also irreversibly bound with a degradation of law in the social life. It is the effect of the dictatorship of a leader embodying a fate and destiny of the nation which was the essence of the system, and of the pre-supposed role of the Weltanschauung which was to replace the legal norms. The rise of fascism in Germany was linked with proclaiming a state of emergency which was to last to the final days of the régime. The positivist construction of legal state was to be substituted with the concept of leader's state elaborated by the university scholars (G. Schmitt, O. Koelreutter, E. R. Huber et al.) and by the Party lawyers (H. Frank). Fuhrer was the supreme lawmaker and the supreme judge deciding of the law. Fascism departed from formalism and legalism in constitutional law to begin with and in civil law to come to an end. The administration of justice was not to stick to the letter of the law but to act on behalf of the supreme wealth of the State, protection of race and to assist war and military preparations. The decline of legal science and the disintegration of essential legal principles was inseparably linked with the fact that fascism from the beginning was striking for war and conquest and the Nazi State was to execute those goals.Item Sprawozdania i informacje RPEiS 44(3), 1982(Wydział Prawa i Administracji UAM, 1982)Item Procesowe konsekwencje postanowień kończących postępowanie sądowe przed rozprawą główną(Wydział Prawa i Administracji UAM, 1982) Adamczak, IreneuszThe article discusses two important questions regarding the subject matter from the litigious angle, namely whether the rulings bringing the legal proceedings to an end before the main trial are barring the way to deliver a judgement or they altogether end the proceedings regarding the given case. The author is of an opinion that the analysed rulings are barring the way to deliver a judgement i. e. they end the proceedings, still the judgement can be passed in new legal proceedings properly instituted or in the court of competent justice. The way to deliver a judgement is not barred by these decisions in an identical way. Rulings of termination, of lack of jurisdiction or of conditional quashing of criminal proceedings are finally barring the way to pass a judgement in the given court. While rulings returning the case to complete preparatory proceedings are barring that way only temporarily. The author observes that the rulings of quashing and of conditional quashing of the criminal proceeding reveal traits of decisions terminating the proceedings regarding the case in hand. The decisions end the primary proceedings in the sense that they preclude any possibility of going further through the usual channels of instances.Item Niektóre społeczno-gospodarcze i polityczne uwarunkowania procedury podatkowej(Wydział Prawa i Administracji UAM, 1982) Gomułowicz, AndrzejThe body of regulation of fiscal proceedings is to a large extent a reflection not only of the current trends of State's taxation policy but also of the tasks to be realized in that matter in some pre-described long-run prospects. The policy towards the unsocialized units of economy and private persons is influenced by the socio-economic and political premises. Whenever the taxation policy making has been biased by the structural premises of the political system and the socio-economic aspect of the problem — dominated by it, both the legal regulation and the practice adopted the extreme shape. The fiscal policy formed under the powerful structural influence of the socialistic system was only a natural outcome. Collecting exorbitant and often unjustified taxes and charges was supposed to secure certain goals, e.g. in the sphere of limiting the developement of the unsocialized economy. On account of the adopted institutional solutions, the regulation of fiscal proceedings could not guarantee a proper protection of taxpayer's legal interests in the tax proceedings. Some liberalization in the regulation of the procedure in the aspect of both: legislation and application can be noticed whenever the unsocialized sector of economy is viewed mainly through certain economic principles and social goals while the political aspects of it can fade away in the background. The shape of taxation proceedings defined by the body of its legal regulation has to account for socio-economic and political conditioning not only at the moment of legislation but also in the long run prospects.Item Wykorzystanie ścieżki proporcjonalnego rozwoju w badaniach społecznych(Wydział Prawa i Administracji UAM, 1982) Strahl, DanutaThe article is an attempt of application of proportional development path structure to social studies. The author describes the path structure on the basis of social infrastructure distinguishing its three subsystems, i.e. health service, education and culture. The construction of proportional development path is accomplished in two stages. The first stage encompasses indication of such individual development pattern for 49 voivodships of Poland which leads to reaching internal equilibrium by each of the three subsystems. The second stage leads to the study objects equilibrium in a scope of integrated system of social infrastructure.Item Polityka konkurencji a polityka koncentracji przemysłowej w EWG(Wydział Prawa i Administracji UAM, 1982) Jantoń-Drozdowska, ElżbietaThe paper is elaborating a problem of interrelations between the policy of competition and the policy of concentration of industry in the EEC. The problem is of great importance. It is a competition which is the basic principle of functioning of the. Common Market. Implementing the policy of competition is the institutional representation of that principle. Its task is to maintain the competition in order to enjoy profits of the free reaction of the market mechanism. The policy of competition is geared on the one hand on preventing the uncontrolled and unlimited competition and on the other on maintaining it within certain limits to preclude monopolizing production, sales, supply sources and other spheres. Yet the EEC authorities are pursueing the active policy of concentration of industry to stimulate and control the processes of concentration in the EEC industry. Postulated protection of the Common Market against a competition of strong foreign enterprises and their production is the cause of that policy. The paper is discussing the mentioned policies, their instruments ats well as the actions undertaken. Interrelations between the policies are also examined. In conclusion the author finds that the processes of the economic concentration are not limited considering the main principle of the EEC operation but actually they are intensified. Therefore the policies of competition and of concentration of industry do not preclude each other as there is no inconsistency between them. Besides, the policy of competition can be regarded as one of the main instruments of the policy of concentration and in that context the first one has to be subordinated to the latter which is the integral part of the EEC industrial policies.Item Naruszenie interesu PRL jako podstawa rewizji nadzwyczajnej(Wydział Prawa i Administracji UAM, 1982) Piekarski, MieczysławThe article is based on the analysis of the jurisdiction of the Supreme Court. It can be considered as a continuation and, at the same time, a supplement to the reflections of Kazimierz Piasecki published in this year's first edition (1, 1981) of this journal. Breach of State interest understood as a ground for the extraordinary appeal is a qualified form of the flagrant legal offence. Hence the flagrant offence against the law is a premise for the extraordinary appeal. The legislator however, has defined neither "the flagrant offence against the law", nor "the breach of State interest". The expectations that these notions would eventually be defined by the Supreme Court proved futile. The grounds for the extraordinary appeal filed in a concrete case should be each time separately evaluated by the Supreme Court. The exhaustive evaluation such as that allows to examine whether a court decision which was appealed against is infringing the law flagrantly enough to break the state interest at the same time.Item Przezwyciężanie dewiacji wychowawczych w kulturowo zaniedbanym rejonie wielkiego miasta(Wydział Prawa i Administracji UAM, 1982) Ambrozik, WiesławIt is widely known that every environment creates a quite distinct set-up of conditions of functioning of educational system and consequently, for the possibility of an optimum course of socializing processes of youth and children. Undoubtedly, culturally abandoned regions, still frequently met in a milieu of great cities, produce the least favorable structure of conditions in that respect. Accumulation of various socio-urban shortcomings as well numerous phenomena of sooiopathology can be easily observed there. And it certainly influences the level of functioning of the existing educational system. This situation is examined in the article. On the grounds of the characteristics of the culturally backward region of a big city and of the situation of a chid and a family, the author indicates at the malfunctioning of the analysed educational system. It is mostly reflected in the unsufficienit recognition of custodial and educational needs of a child and consequently, in limited and non-integrated tutelary, compensational, prophylactic and re-socializing activities undertaken towards the young and older generations. The author formulates some model suggestions in virtue of the ascertained shortcomings. They are designed to improve the educational system by means of stimulating respective chains of the structure and also by means of integrating and coordinating them.Item Problemy identyfikacji narodowo-politycznej w RFN(Wydział Prawa i Administracji UAM, 1982) Perlak, BernardA vital role in the study of problems of the national and political identification is played by a category of historical consciousness. There are many kinds of the historical consciousness in a society. The historical consciousness of a nation is in a way its highest form. The consciousnes advised by a ruling class aims to strengthen its position. Yet it can follow neither a tradition nor the consciousness of the society. From the point of view of the national and State identification, the FRG citizens have difficulties with their identification with the German history. They reject totalitarian elements of it, or actually, they claim they do so, without discarding their tradition which was mainly antidemocratic. The non-Marxist ideologues and politicians in the West Germany are worrying about the decline of the „all-German" identification in the society. They strive to maintain it, basing it on elements of the tradition and attempting to reconstruct it in the spirit of the burgeois — democracy. It would be fallacious to claim that the national and political history of Germany has been fully accepted. At the same time the system of parliamentary burgeois democracy is thought to be an antithesis of the national socialism and the "totalitarianism" of the socialist states. Loss of historical consciousness in the West German society can be considered as a favourable phenomenon in the aspect of political and ideological interests of the proprietary classes and not favourable from the point of view of the same class aspiring to regain power upon the whole German nation. Problems of crisis in the German historical consciousness can be examined from the angle of the society's search of its own place between the past and the present time while at the same time feelings of separateness of the society ("we, citizens of the FRG" vs. "other Germans") are getting deeper. One can venture a statement that the "new" historical consciousness is mostly to serve the class and national interests of the FRG. Still, the West German scholars agree that only a democratic re-evaluation of the German historical tradition can create grounds for German self-recovery in the new socio-political and ideological situation. That would have to amount to the acceptance of changes in the German historical consciousness which have occured in the Western Germany after the World War II. There is a discussion going on in the FRG on the "German identity" crisis and on the national and State self understanding. It is stimulated by the opinion that the "official line of interpretation" of history, mainly in the teaching process, can effect shaping of the historical consciousness mainly in its state and national spheres. Hence, the identification with the FDR and its system can be intensified as well as the German sentiments- "animated" through a "revival" in the teaching of history. It can signify a partial revision of the existing tradition without giving up the fundamental goal i.e. unification of Germany. The historical consciousness in the state and national spheres has to be developed in accordance with those ideals. Many German scholars can notice that insufficient historical knowledge can result in a political indifference, which in turn under the favourable circumstances can be transformed into the emotional nationalism. Being a tool of integration of the society based on certain patterns and values formed on the grounds of certain historical tradition, the national and political consciousness adopted different forms in Western and in Eastern Germany, which are subject to various class and ideological needs. The national tradition understood as the all-German integrating element and the "new" historical consciousness modelled on it along the principles of the Western democracy could develop only in the Federal Republic of Germany. And yet, there have been some attempts to impose it upon the society of the socialist German state. More and more frequent calls in the FRG to "revive" the German national consciousness can result in its rebirth in the old nationalistic form. Some of the West German scholars can perceive that danger, but some of them can not. The latter claim that the democratic ideals have permanently entered the consciousness of the West German society. Therefore, the old anti-democratic German nationalism has neither the reason nor the posibility to exist. The history developed in the spirit of democracy can become a foundation of political integration in the two meanings of that term: as a factor maintaining the feelings and sentiments of German community and as an element of identification of the FRG citizens with their own State.Item System płac w zreformowanym przedsiębiorstwie uspołecznionym(Wydział Prawa i Administracji UAM, 1982) Jarmołowicz, WacławThe paper contains an attempt at designing major principles of functioning of a wage system in enterprises under the implementation of basic provisions of the economic reform. In particular, the author's propositions and evaluations are reffering to: — general principles of fixing wage differentiation and creating the system of legal guarantees against the excessive differentials which are not accepted socially. — goals and procedures of regulating basic relations of rates of wages, considering the consequence of collective labor contracts, — conditioning, forms and types of the construction of a wage mechanism relating employees' income to profits (income) of an enterprise. In conclusion the author indicates at the weight and possibility of workers' participation in income of their enterprise not only by means of the contribution in labor but also in the form of savings resulting from their work (savings and productional investment).Item Spis treści RPEiS 44(3), 1982(Wydział Prawa i Administracji UAM, 1982)Item „Czysta teoria prawa" Hansa Kelsena a współczesne prawoznawstwo polskie — wybrane zagadnienia,(Wydział Prawa i Administracji UAM, 1982) Wójcik, RomanThe ideas of H. Kelsen have acquired a considerable popularity, their influence can also be seen in Polish jurisprudence of the post-war era. The article touches on some selected problems, which upon an analysis, can reveal the interrelation of concepts of the Polish authors with the theory of law of H. Kelsen. In my opinion the decisional model of law application is a transcription of the Kelsenian ascribing within a politically lawful provisions and the third stage of the model is a close reflection of ascribing within theoretically lawful provisions. The Kelsenian concept of conjugate norms is universally applied in the works of Polish lawyers. Other propositions of the author are essential for the problem of validity of law. The Kelsenian construction of a ground-norm as the eventual principle of a system is of a permanent value in the analysis of a relative validity of law. The divisions of legal principles into complete and incomplete ones is not approved in the Polish legal literature. The possibility of assimilation of some elements of the Kelsenian theory of law is effected by multilaterality of the theory of law based on the methodological and philosophical principles of Marxism. The examples quoted in the article can confirm the value of some Kelsenian theoretical solutions for the multilateral research in jurisprudence.Item Stan wojny, stan wojenny i stan wyjątkowy w konstytucjach europejskich państw socjalistycznych(Wydział Prawa i Administracji UAM, 1982) Smoliński, TadeuszConstitutions of the European socialist states provide a possibility of proclaiming a state of war and a state of martial law (the latter is hereinafter called the "warlike state" to render the lexical similarity of the discussed concepts in Polish). The state of war is a notion of international law, while the "warlike state" is a notion of State (internal) law and it is not necessarily related to the actual threat of a possible international conflict. The "warlike state" is essentially an equivalent of the state of emergency defined in non-Marxist constitutions. The socialist constitutions (except of the Bulgarian one) do not use the notion of the state of emergency, for a certainty not to arise any unpleasant reflections associated with the introduction of the state of emergency in some non-Marxist states. The term of "warlike state" was adopted from the Soviet constitution to many other constitutions of the European socialist states. The state of war can be proclaimed by parliaments and by supreme presidential organs in the periods between the sessions of parliaments. It can be introduced in two cases: 1) in case of agression against a European socialist state, 2) if the necessity of common defence against an agression is consequent upon the international agreements. The "warlike state" (state of emergency) can be proclaimed by the supreme presidential organ or by the president (in Romania). By virtue of constitutional premises it is introduced with the aim of ensuring the interests of defence, security of State and public order. It follows explicitely or it can be interpreted from the constitutional provisions that the "warlike state" can be introduced with the aim of protecting the socialist system. Neither the state of war, nor the "warlike state" proclaimed by the supreme presidential organ have to be subsequently approved by the parliament. Regulation of the state of war and of the "warlike state" in the discussed state constitutions are very laconic (similarly as literature on that matter in the discussed countries). To a large extent it is resulting from the fact that the "warlike state" has never before been proclaimed in the European socialist countries and it was not assumed that the aggravation of the internal situation would result in the introduction of the "warlike state" (state of emergency) after many years of the construction of socialism. The constitutions under discussion also endowed the governments with a capacity of undertaking certain actions (without proclaiming the "warlike state") in order to protect security and public order. And it was precisely that competence which has been exercised so far by the governments of the European socialist states whenever a necessity of establishing order arised. The introduction of the "warlike state" in Poland will probably stimulate the future enactment of the detailed laws regulating the situation in a State under a "warlike state".Item Wpływ strategü cenowych wielkich korporacji i krajów OPEC na powstanie kryzysu naftowego(Wydział Prawa i Administracji UAM, 1982) Rynarzewski, TomaszThe author analyses a role of price strategies of the world oil market monopolists in a developement of the energy crisis. A distinction between primary and direct reasons of that crisis can be made upon the analysis of evolution, of stimulants of those strategies in the post-war period. The first ones are related to the directions of a long term effect of price strategies of the Oil cartel corporation upon a principle of profit maximization. The others are resulting from the increasing effectiveness of price variable stimulant realization in the producer States. A connection between those two groups of causes is manifested in the generation of structural conditions in the demand and supply sphere of the oil market by means of the corporation price strategies. They facilitated the increase of effectiveness of the OPEC States price strategy effects. Favorable short run conditions in the beginning of the seventies visualized the particular effect of that relation i.e. high increase in the oil prices. The origin and the substance of the recent oil crisis lay in the effects of the above relations.