Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2001, nr 1-2
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Item ODESŁANIA, KLAUZULE GENERALNE, LUZY DECYZYJNE(Wydział Prawa i Administracji UAM, 2001) Piszko, RobertItem DOCHODY BUDŻETOWE A INWESTYCJE KOMUNALNE W GMINACH WIELKOPOLSKICH(Wydział Prawa i Administracji UAM, 2001) Węckowski, RyszardAn attempt has been undertaken in the article to evaluate the communes’ income and to establish relation that exist between chosen elements of communal budgets and the level of communal investments. Against the background of information on the level and structure of the income of local self-governmental budgets in the scale of the whole country - the article presents the results of research work made upon the communes that presently do form the new voivodship of Great Poland. This analysis relates to the period 1991 - 1998. Statistical methods proper to structural analysis and to interdependence of such phenomena have been applied in research work. Clear duality is self-evident when examining the communes in question and evaluating them from the point of view of their budgets’ income. On one hand we have to do with quite big group of distinctly poor communes, and on the other - there is relatively small group of communes of an income level that is considerably superior to the average. The second group is mainly consisted with the communes situated in the vicinity of the town of Poznań and some communes in former voivodship of Konin. Richer communes do indeed confine more money for their communal investments (per capita) however they are not leading as far as a share of investments expenses in their budget incomes is concerned. A part of the communes researched runs quickly into debt for to acquire investment means. It is however done by communes of moderate means, semi-municipal and semi-rural in their character. The richest communes must not have recourse to such an indebtedness, and the poorest ones clearly fear the threat of insolvency. The development of particular equipment in the sphere of communal infrastructure proves to have however only a quite general relation with the wealth of a commune. The rhythm of developing chosen kinds of communal equipment in the communes of similar income scale differs often considerably. The text of the article is completed with numerous graphs and diagrams which make evident the differentiation scale of the phenomenons and processes occurring within the analyzed voivodship.Item RENTOWNOŚĆ PROWADZENIA DZIAŁALNOŚCI MAKLERSKIEJ W POLSCE(Wydział Prawa i Administracji UAM, 2001) Dembny, ArturThe article presents a spot look at the matter because of the fact that such activities in Poland are known since about 1990, so it must be necessarily taken from a much longer time context. Moreover we must admit that up to 1996 national stock market stayed still in its primordial stage; future customs have only started to affluence, their structure has just begun to get its shape and the stock exchange itself continued still to stay in a phase of constant developing for purely organizational reasons (techniques of turnover, number of sessions, number of brokers’ offices) and qualitative problems (number of quoted values). The Author presents brokers’ activities in the light of the law in force now in Poland (first of all - of the „Law on public circulation of securities” from August 21, 1997, and he cites next the kinds of activities related to the circulation of securities which necessarily demand to acquire a license. He also cites all changes in this respect after introducing in Poland of the law of the European Union. Next the structure of customs of brokers’ offices and the structure of assets on investments accounts in the period of 1998-2000 are discussed as well as financial returns of brokers’ activities in the same period. In final part of his article the Author mentions future determining features of the effectiveness of brokers’ activities and reconsiders the position of brokers’ houses within the organizational structure of Polish market.Item PSYCHOSPOŁECZNE SKUTKI PRZEMOCY WYSTĘPUJĄCEJ W GRACH ELEKTRONICZNYCH(Wydział Prawa i Administracji UAM, 2001) Poznaniak, WojciechComputer games are most frequently used by the juveniles and they are meant to teach them a decision making, to enforce and train a concentration of the mind, a co-ordination of view and arms reflexes and - finally - to make a reflection perfect. Wins do enforce a feeling of being good and valuable while defeats are never perceived as a terminal mistake but still do offer a possibility of correcting. All of this together is possibly able to reduce the fear, to increase the feeling of success and to incite the imagination. Alas, in very much of the games in question there are elements of violation, aggression and destruction. The Author gives a review o f particular types of such games (i.e. simulating games, races, fighting games, shooting games, sports, adventure games, etc.) and cites on this occasion adequate descriptions and instructions for the players - what is all meant for to advertise and to stress the attractive force of the games. The violence and cruelty of virtual reality are a ware of the bestseller type. The Author cites for the instance some of the most sadist games for to demonstrate how much are they profit making for their producers. The main part of the article is devoted to a presentation of possible influence of electronic games on the behavior, the ways of thinking and feeling of the juveniles. The Author ands her considerations with a review o f the methods of social supervision of the games and, finally, with an appeal for more rigorous observation of principles of advertising the games and distributing them among the youth.Item POJĘCIE ZAWODÓW MEDYCZNYCH W ŚWIETLE PRAWA I DOKTRYNY PRAWNICZEJ(Wydział Prawa i Administracji UAM, 2001) Ławniczak-Lehmann, MagdalenaIn the introduction to her article the Author indicates the way in which such a notion as „a profession” is being defined on the ground of sociology - because the determination made by sociologists in this respect serves mainly as a reference point to the lawyers. It comes out of the definition that a profession means a complex of the activities separated within the framework o f social labour division, this complex - being done constantly by a person (or, at least - relatively constantly) - provides this person with necessary means of maintenance but needs in the same time a possession by such a person of respective corresponding qualifications. All four fundamental elements met in the above definition (i.e. 1/ a complex of activities, 2/ frequency of performing, 3/ task to be achieved, 4/ anterior preparations) are subsequently discussed by the Author with an indication how are they presented in the provisions of the presently binding law on medical services (i.e. the law on a profession of a physician, law on pharmaceutical chambers, law on professions of a nurse and a midwife, law on a profession of a veterinary surgeon and on veterinary chambers, and so on). The article discusses next a notion of a „learned professions”; the Author cites some of the definitions and criterions of such an isolated position of „the professions”. The opinions of many eminent experts are hare cited and corresponding legislative acts referred to by the Author. The article ends with a discussion of specificity of medical professions and the difficulties encountered in possibly precise isolating of these professions among other occupations.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2001) Przybylska-Kapuścińska, WiesławaP. Szpunar, Polityka pieniężna. Cele i warunki skuteczności, PWE, Warszawa 2000, ss. 304.Item OBLIGACJE KOMUNALNE W POLSCE (PROCEDURY EMISJI I ANALIZA RYNKU)(Wydział Prawa i Administracji UAM, 2001) Ziarko, UrszulaThe article is an evaluation of real functioning of the market of communal securities in Poland. The Author has aimed at a presentation of development of this market during the last five years, i.e. since the new law on securities went into force. The paper is composed with three parts the first of which informs us about the essential points of emitting securities by particular units of territorial self-government in Poland and about the tasks of such an emission. Particular attention is here paid to different kinds of communal securities met on respective market in Poland within the analyzed period with special reference to the most popular ones among the communes and counties. The second part o f the article presents legal and economic procedures of communal securities’ emission such as they were shaped in Poland since 1995. The last part comprises information on the global volume and dynamics o f this market.Item REALIZACJA ZALECEŃ KOMITETU BAZYLEJSKIEGO DS. NADZORU BANKOWEGO DOTYCZĄCYCH PROCESU POWSTAWANIA I FUNKCJONOWANIA BANKU W POLSKIM PRAWIE BANKOWYM(Wydział Prawa i Administracji UAM, 2001) Nieborak, TomaszPresently the Basel Committee for the Supervision of Banking is one of the most important international organizations to deal with the functioning of the world banking system. It is worthy to stress here the fact that, properly speaking, the Committee is not an international organization but rather an international initiative of the most developed countries of the world. What more is - the Committee enjoys high consideration from international financial spheres; the last mentioned are more and more inclined to take into their consideration the respective recommendations o f the Committee in their own activities. The guiding principles issuing from the Committee are aimed precisely at a harmonization of regulations on finances, and more especially - on the supervision of world banking. These principles are addressed first of all to the developing countries which intend to stabilize their own financial markets for consequently to increase a confidence of possible foreign investors. Because an effective and strong system of banking is of utmost importance for a national economy. Also Poland belongs to this group of countries. Its system o f banking is being modernized and ameliorated according to the best international standards which all are included, among others, in one of the most important documents of the Basel Committee, i.e. in „Basic principles o f an effective supervision of banking”, as elaborated and published in 1997. The present article is an effort to make a lecturer acquainted with the document just mentioned above - first of all in this part of it which concerns a process of creating and next functioning of a bank - as viewed from the point o f view o f Polish law on banking - together with a presentation of the extent of advancement of the course of this harmonization with international standards.Item WSPÓŁCZESNA POLSKA RELIGIJNOŚĆ W KONTEKŚCIE TEORII ANOMII R. K. MERTONA(Wydział Prawa i Administracji UAM, 2001) Królikowska, AnnaMany quick changes, as a rule, do increase a possibility of anomie. Also, or even - especially, in the field of religiousness. After the period of transition the old model according to which „to be Pole is to be Catholic” still persists, but the new situation (in its political, economical, social and cultural aspects) has much influenced and changed Polish religiousness. Nowadays in Poland people is meeting an uneasy task to reconcile, on one hand, the requirements and standards of Polish traditional Catholic Church addressed to them as to worshippers, with the new reality and its demands - on the other. Individuals react using some adaptive strategies. In this paper an attempt to analyse Polish religiousness in context of R. K. Merton’s adaptive behavior typifying has been carried out. The aim and means have been assumed in the language of church religiousness. Only a few per cent of Polish society consequently accomplish the church model of religiousness in their Uves (conformity). It might be expected that other types of reactions can be classified correspondingly to other types of individual adaptive behaviors like innovation, ritualism, withdrawal, contestation, etc.Item PIERWSZE OFERTY PUBLICZNE (IPO) JAKO ELEMENT PRZEKSZTAŁCEŃ WŁASNOŚCIOWYCH W POLSCE(Wydział Prawa i Administracji UAM, 2001) Siwek, PrzemysławThe article on the I.P.O. - first public offers as an element of privatization processes in Poland is an attempt to systematize the methods of privatization used in Poland in the nineties and to give a detailed review of first public offers against the background of the whole of privatization processes. The article contains a description of privatization methods as well as a series of statistical data relating to the course of transformation in properties between 1990 and the first half of the year 2000. Special attention is devoted to an analysis of public offers in what concerns their quantitative aspect, their global value and their structure according to particular lines of business.Item Spis treści(Wydział Prawa i Administracji UAM, 2001)Item RELACJE MIĘDZY „AGENCJĄ PRACY CZASOWEJ” I PRZED SIĘBIORCĄ-UŻYTKOWNIKIEM WE FRANCJI(Wydział Prawa i Administracji UAM, 2001) Makowski, DariuszIt comes out of the definition of temporary employment agency that it is a natural or legal person (i.e. - an individual or a corporation) the activity of which consists exclusively in employing extemporaneously (as the occasion arises) some workers to perform some concrete job on behalf of an entrepreneur (article L. 124-1 of the French Labour Code). A legal link between such an agency and an entrepreneur-holder is established as a result of passing a contract on committing a temporary worker to the disposal of the entrepreneur (in French: contract de mise à disposition). The Author discusses the contents and a form of a contract on committing a worker, next - obligations of both parts to such a contract and their responsibility in case of non-performing them or in case of damages caused under the period of validity of this contract. Also legal character of this type of a contract is discussed by the Author.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2001) Miński, RadomirJak żyją Polacy, pod red. H. Domańskiego, A. Ostrowskiej i A. Rycharda, Wyd. IFiS PAN, Warszawa 2000, ss. 457.Item FORMY STADIALNE CZYNU ZABRONIONEGO W ODNIESIENIU DO PODŻEGANIA I POMOCNICTWA WEDŁUG KODEKSU KARNEGO Z 1997 R.(Wydział Prawa i Administracji UAM, 2001) Pohl, ŁukaszThe analysis of the above mentioned problem has been carried out in two separate groups of items - in accordance with different objects of the research work. On one the hand the Author formulates his considerations on normative aspects of phase forms of a prohibited act within the framework of the construction of incitement, aiding and abetting, and on the other - he discusses a question of possible influence of phase forms on a prohibited act (i.e. - a main imputed act to which phase forms in question are directed) on both of the forms in their realization. The assumption for such considerations is given by the newest legal regulation (if compared to the legal status issuing out of the period of binding force of the Penal Code dated April 19, 1969) as introduced by the Penal Code dated June 6,1997, in its article 22, paragraphs 1 and 2.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2001) Bukowski, BogusławPomiędzy etyką a polityką. 80 lat socjologii w Katolickim Uniwersytecie Lubelskim (1918 - 1998), pod red. E. Hałas, Towarzystwo Naukowe KUL, Lublin 1999, ss. 412.Item MOTYWACJA DO PRZEKAZYWANIA SPADKÓW W ŚWIETLE WSPÓŁCZESNYCH BADAŃ W KRAJACH WYSOKO ROZWINIĘTYCH(Wydział Prawa i Administracji UAM, 2001) Szukalski, PiotrBecoming a successor or not is a fact of very much importance for quite many people. The estimations made tell us that commonly the share of goods inherited within the property owned by contemporary households is up to 40 per cent. An inheritance obtained brings not rarely a violent change in material situation of an individual-successor while an unjust or unjustified division of it is able to cause long term family conflicts. The article presents particular types of motivations that can be met in contemporary economic ideas; the types in question make a framework of the analysis of a behavior as far as a property accumulation is concerned and, consequently, in relation with transmitting it to the progeny under a form of an inheritance. The problems involved with inheriting shall be of increasing importance together with strengthening of market economy in our country and with still and more deeper differences in the society from the point of view of property owned. Referring to different categories of inheritances (planned or non-planned, capitalist, retrospective, paternalist, motivated by ordinary succession o f generations, etc.) - the Author gives a review o f particular types of motivations and in final part of the article he is occupied with a qualification of the existing models of inheriting and with empirical verification of typical approaches.Item ZASADA AUTONOMII WOLI W ŚWIETLE FILOZOFII LIBERALNEJ(Wydział Prawa i Administracji UAM, 2001) Kaczor, JacekProblems involved with the autonomy of a human being (an autonomy in objective sense of the term) evidently is a field where both the philosophy of the law and particular legal disciplines do cross their interests. Perceptibility of respective links however is not always univocal with an acceptation or harmonization o f the results o f such a research work. The article is not meant to be an exhaustive analysis of relations that exist between the above mentioned legal disciplines of the jurisprudence that do appear on the occasion of debates on the essential points of the autonomy in its objective sense; its task is rather to demonstrate philosophical connections of this notion against the background of deliberations on the autonomy of subjects in civil law - from civil law point of view.Item NEKROLOGI. ŻYCIE I DOKONANIA ŚP. PROF. ZW. DRA HAB. MIECZYSŁAWA PRZEDPEŁSKIEGO(Wydział Prawa i Administracji UAM, 2001) Unołt, JerzyItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2001) Piotrowski, WłodzimierzJózef Górski, Wspomnienia z minionych lat, Biblioteka Raczyńskich, Poznań 2000, ss. 259.