Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1998, nr 3-4

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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 1998) Kwiatkowska, Magdalena
    Problemy społeczne w okresie zmian systemowych w Polsce, pod red. M. Malikowskiego, Wyd. “Mana”, Rzeszów 1997, ss. 539.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 1998) Staniszewska, Danuta
    Transition Banking. Financial Development of Central and Eastern Europe, pod red. Ronalda W. Andersona i Chantal Kegels, Clarendon Press, Oxford 1998, ss. 300.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 1998) Żurek, Aldona
    Irena Namysłowska, Terapia rodzin, PWN, Warszawa 1997, ss. 224.
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    SPRAWOZDANIA I INFORMACJE. REGIONALIZACJA A INTEGRACJA EUROPEJSKA
    (Wydział Prawa i Administracji UAM, 1998) Bondyra, Krzysztof
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    USTĄPIENIE POLITYKA - NORMALNY PROCES W DEMOKRACJI
    (Wydział Prawa i Administracji UAM, 1998) Joerden, Jan C.
    Within the framework of evaluating political steps forcing a retirement of a politician the Author of the article has distinguished three kinds of rules: a) rules of behaviour that indicate what kind o f behaviour is desirable and what kind is not. These rules relate first of all to penal law and ethics: perspectively they serve to steer a behaviour and retrospectively - to evaluate an example of concrete behaviour post factum-, b) rules of imputation which - generally speaking - assume a function of attaching some true past event to a person who shall be charged with responsibility for it (in penal law - rules that make it possible to distinguish between perpetration of a crime and participation in it); c) rules of proceeding which inform us about ways o f application (who? how?) of the two precedent rules. The Author discusses in detail all these rules and illustrates them with examples taken mostly from German political life.
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    SUPERMARKET JAKO PRZESTRZEŃ ZNACZENIOWA. PRÓBA REKONSTRUKCJI PRZEKAZU IDEOLOGICZNEGO
    (Wydział Prawa i Administracji UAM, 1998) Krajewski, Marek
    The article attempts to apply such a perspective o f viewing a life of a society the central point of which is an assumption on double status of most phenomenons taking place in it. On the one hand the phenomenons are instrumental ways enabling effective activity of individuals and groups and, on the other - they are compound systems of symbols and in the same time - media of transmitting ideologies and knowledge of proper modes of action what does legitimise certam types o f organisation of a society. An example o f using such a perspective is the analysis of a supermarket (done in the article) which here is considered first o f all as specific semantic field. Withm Polish context a supermarket is above all a symbol of social change operated during several last years; it is too a projection of ideal target points of this change and, by the same, it assumes a role of an instrument of socialisation which is supposed to inculcate in the individuals some new rules of game within reality. Organisation itself o f a supermarket, a way of displaying and exponing wares, its location within the urban area, some favourite types o f behaviour of visitors-buyers - all this does prove that in contemporary Poland a consumption became central kind of activity, and further - that many from hitherto existing distinctive features of individuals or groups have definitely lost their significance and are now replaced with new distinctions and inegalities; this all proves as well that the price paid for increased effectiveness of human activity and of its rationalisation is finally also an increase o f control over all of us. A supermarket seems also to suggest that ancient systems of values have already lost their regulative power and are nowadays replaced with new secular religion - doing shopping and consumption. The analysed semantic space is additionally such a context in which satisfying of instrumental needs is synonymous with putting new normative obligations on the individuals, obligations which play a role of an authorisation for these types of social organisations that have become the effect of transformation of the society. So, a supermarket not only permits to effectively satisfy needs but is also modelling them, it designates new aspirations and creates such a vision of the world which is becoming the only one authorised or qualified interpretation of our contemporary reality.
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    FUNKCJA FISKALNA PODATKÓW W POLSCE W LATACH DZIEWIĘĆDZIESIĄTYCH
    (Wydział Prawa i Administracji UAM, 1998) Kurowski, Wojciech
    The system transformation in Poland had the effect of changing the structure of the State income towards increasing the importance o f taxes what was a result of limiting State property in the national economy as well as of abandoning central regulation of prices and salaries. But independently on change in property matters and, consequently, on the increased importance of instruments of income collecting within market economy - the “philosophy” of taxes itself is also changing. The point is that the aims of taxes are shifting and - first of all - their hierarchy. If within the framework of centrally planned economy the fiscal function of taxes was a problem of secondary importance - it becomes of fundamental importance within market economy. This difference does involve essential consequences for the shape of taxes system and particular types of taxes. The present elaboration relates to the decade of 90-ties and is an attempt to evaluate realisation o f the task of taxes - namely, to assure relatively high income level for the State budget. This task is just expressed in fiscal function of taxes. The object of considerations is the structure of fiscal income in the State budget in Poland. An attempt to analyse charge for the population resulting from income tax for individuals was also undertaken. Because of the limited size of the article only charges for the income of the population with income tax for individuals as paid in accordance with general rules were submitted to the analysis. So the article does not treat problems of charges resulting from paying such a tax in form of a global sum. The stress laid on tax charges for the population results from the fact that this problem is the most perceptible and becomes therefore an object of heated debates by specialist and among ordinary tax-payers. In final part of the paper some respective international comparisons have been made and the attention was drawn to the problem of the amount of costs for collection of taxes in Poland.
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    EFEKTYWNOŚĆ OPERACYJNA BANKÓW W POLSCE W LATACH 1994 - 1996 (Na przykładzie dziewięciu banków wyodrębnionych z NBP)
    (Wydział Prawa i Administracji UAM, 1998) Kowalski, Tadeusz; Staniszewska, Danuta
    The aim of the article is to analyse operational efficiency of nine commercial banks separated from the National Bank of Poland in 1989. The background of this analysis is a presentation and evaluation of principal institutional and economic factors that do influence the banking sector. The notion of operational efficiency of this sector can be defined as an ability of banks to operate effectively their current activities under market circumstances and competition. Operational efficiency during macro-economic transformation depends heavily on external factors particularly, institutional ones. The impact of these factors stems from the need to implement deep changes in qualitative policy changes in economic structure and in the role of public sector borrowing requirement. The latter is still very important thanks to the underdevelopment of financial intermediation and shallow money market in Poland. The work has two parties. The first part presents a discussion and an analysis of institutional and economic conditions prevailing around the banking sector in Poland during early stage transformation. Knowledge of these condition is necessary to understand and then interprete changes occurring in operational efficiency of banks. Most new legal regulations in banking sector have been introduced between 1989 and 1994. The Authors have assumed that quantitative analysis of operational efficiency in 1989 -1993 would be neovily biased by frequent, major changes of banks’ institutional environment. This analysis has been done for relatively homogenous group of nine banks created in 1989 on the basis of regional branches of the National Bank of Poland. Second part of the paper was devoted to presentation of the results of quantitative analysis of operational efficiency in the group of the nine banks. Examination of effectiveness was done using generalized DuPont method and a matrix approach.
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    ZMIANA PARADYGMATU INTERPRETACYJNEGO W OKRESIE TRANSFORMACJI USTROJOWEJ W POLSCE
    (Wydział Prawa i Administracji UAM, 1998) Smolak, Marek
    The article relates to conditions of interpretational paradigms’ shift during the period of social and system transformation in Poland. Such a paradigm is being considered here in its two dimensions: methodological and sociological. The latter makes the category of analysis as adopted in the article and is conceived as a set (e.i. - corporate body) of lawyers applying the same interpretation rules for legal tests. It was admitted in the article that conditions for a change of interpretational paradigms in Poland are the following: shift in conceiving the law - from positivist attitude to internal and reflexive position of considering a rule of law, change that occured in legal culture towards non-positivist considering of the sources of law and, finally - shift in individual and situational factors such as professional qualities of lawyers, labour milieu, technical facilities and some features o f individuals applying the law.
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    STANISŁAWA EHRLICHA WERSJA REALIZMU PRAWNICZEGO
    (Wydział Prawa i Administracji UAM, 1998) Pulka, Zbigniew
    An attempt is made in the article to approach and to assess integrally the whole of the work of Stanisław Ehrlich. The Author considers that this work is an example of consequently realistic opinions on the sphere of normative phenomenons regarded as a kind of decision making processes. According to Ehrlich’s intention the notion of a norm as an accomplished normative pronouncement is supposed to place the law in the sphere of social facts. Next — realistic solutions within the scope of ontology of law have to exclude a reduction of theoretical and juridical research to the only plane of logic and language. The Author of the article states that Ehrlich did not happen to realise his postulated programme of multiplaned theoretical — (and) juridical research and the theory of law as proposed by Ehrlich is imprinted with distinct traces of aksiological involvements.
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    BANKOWY SEKTOR SPÓŁDZIELCZY WCZORAJ I DZIŚ
    (Wydział Prawa i Administracji UAM, 1998) Mikołajczak, Ryszard
    The aim of the article is to attempt to determine a role of co-operative banking sector in the past as well as in the present day. When realising the above defined aim the Author took into consideration respective traditions in all three parts of the divided Poland (1795 - 1918), e.i. Prussian, Austrian and Russian on one hand and, on another, he has presented the essentials of restructuring processes within co-operative banking during the present period. The article comprises three parts and conclusions formulated in its final chapter. Part one of the article describes some chosen development features of co-operative banking throughout the country. Second part concentrates on present transformations within this sector. Problems discussed here take into account not only legal basis for restructuring processes but also financial condition of these institutions. This part is richly illustrated with numeral data displayed in many tabels the source of which is directly the Polish National Bank. Part three is devoted to considerations in relation with the future of co-operative banking group. Here, the Author has presented, among others, possible variants of stronger capitalisation and privatisation of the Bank of Catering Branch of Economy S.A. In summing up the article the conclusions have been gathered in what concerns main issues discussed that are of bigger importance for the present and the future condition of this banking sector in our country.
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    SPRAWOZDANIA I INFORMACJE. OPINIE O DZIAŁALNOŚCI I DOROBKU NAUKOWYM PROF. JERZEGO ZUBRZYCKIEGO
    (Wydział Prawa i Administracji UAM, 1998) Babiński, Grzegorz; Dulczewski, Zygmunt; Szczepański, Jan
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    Spis treści
    (Wydział Prawa i Administracji UAM, 1998)
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    SPRAWOZDANIA I INFORMACJE. ŻYCIE W POZNANIU 1997 Sympozjum, Poznań, 7.01.1998 r.
    (Wydział Prawa i Administracji UAM, 1998) Śliwa, Paweł
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    PRAWNOKARNA OCHRONA PRAW PRACOWNIKA W NOWYM KODEKSIE KARNYM
    (Wydział Prawa i Administracji UAM, 1998) Samol, Sebastian
    In this article the Author made an attempt to analyse dispositions contained in chapter XXVIII of the 1997 Penal Code, a chapter on “Crimes against rights of persons performing their paid work”, e.i. legal dispositions that do penalize: - malicious and persistent violence of an employee’s right inherent to employment or social insurance - by persons whose activity results from labour law and insurance law; - a refusal of readmitting to a job, if such a reinstatement in job was decided by proper organ; - infringement to provisions of social insurance law by nondeclaration of data demanded or declaration of false data - what influences a right to performances or their amount; - exposing of an employee to a life danger or heavy detriment to the health by nonfulfillment of duty relating to safety and hygiene of working conditions; - non-informing proper authorities about an accident at work or occupational disease; non-drawing or non-producing of necessary documentation. The analysis was made with taking into consideration dispositions on protection of an employee’s rights comprised in the 1969 Penal Code (already repealed) as well as on a basis of hitherto existing statistics on crime against employee’s rights. Because of the fact that the subject of the article is tightly related to labour law - the Author presents also his own considerations on penal protection of employee’s rights also in relation with dispositions of the code of labour law and, in particular, of its chapter XIII - “Liability for infringements against an employee’s rights”.
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    EKONOMICZNE SKUTKI I METODY OGRANICZANIA BEZROBOCIA
    (Wydział Prawa i Administracji UAM, 1998) Cieślukowski, Maciej
    Positive as well as negative economic effects of unemployment and methods o f reduction o f it are presented in the article. Positive consequences of unemployment are first of all due to transient and short-time form of it and all profits come mainly to the employers. Since it is a fact that under unemployment the employees’ postulates for increased wages do diminish, a competition among workers grows up and the mobility of the man power gets bigger. Transient unemployment makes a reserve of labour potential which does increase the employers’ freedom of action. Negative consequences are produced first of all by long-term unemployment. It contributes, among others, to an increase in public expenses for social services for unemployed, to a reduction of budget income as a result of reduced income of the unemployed and further - to a drop of NBP (the State revenue) and to a development of the “gray zone”. Economic methods play fundamental role in fighting the unemployment; they are: defensive, immediately offensive and indirectly offensive. Offensive instruments that do create new places of employment should be of most important role in the policy of counteracting the unemployment. But also methods of relieving the effects of unemployment with allowances and acccessibility of social services should nevertheless be applied.
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    SZACOWANIE WPŁYWU ZMIAN PRZEPISÓW PRAWA NA LICZBĘ PODMIOTÓW GOSPODARCZYCH. MODEL EKONOMETRYCZNY Z CIĄGŁYMI ZMIENNYMI IMPULSOWYMI
    (Wydział Prawa i Administracji UAM, 1998) Guzik, Bogusław
    The article indicates two approaches of modelling changes in number o f economic subjects as a result of changes in law: — issuing from zero-one variables, — issuing from constant impulsory variables. The second approach was described quite in detail, and more particularly - one o f its variants where a number of economic subjects generated in function of a given legal disposition increases accordingly to a power. Y — ^¡^CLzIx + Cta , X where: 1 _ ÍT01 for i>x 0 for t < I T = (i - X + 1); t - date of entering into force of a legal disposition. This model was illustrated with an example relating to fluctuation o f the number of accountancy offices in Bydgoszcz in relation with changed law on economic activities in the period from 1 quarter of 1990 to 4th quarter of 1997. The model obtained suits veiy well to empirical data - determination factor was up to 99,9 per cent.
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    CZYNNIK EKONOMICZNY WE WSPÓŁCZESNYCH KONCEPCJACH LUDNOŚCIOWYCH
    (Wydział Prawa i Administracji UAM, 1998) Chromińska, Maria
    The article gives a review of conceptions related to the importance of economic factor as a stimulator for population growth - on two planes: macro- and micro-social. In case of social macro-structures the economic factor is considered within the framework of the so-called welfare theory. Theoricians of welfare adopted different standpoints towards demographic factor. Starting from classics of political economy up to neo-classics, e.i. from A. Smith to A. Marshall - the populations theory was thoroughly submitted to the economy. The article has presented synthetic conceptions of populations in context of economic factor the authors of which were T. R. Malthus, J. S. Mill, A. C. Pigou, A. Marshall, J. M Keynes’ K. Marx. The attention was also drawn to representatives of the so-called new economy of welfare: N. Kaldor, M. W. Rader, J. R. Hicks, T. Scitovsky, J. Little, A. Bergson, A. Lemer. It comes out of the research that further development of economy went towards development of the theories of growth. Demographic factor in most growth models is approached exogenically (e.g. models by E. D. Domar, R. F. Harrod, J. Von Neumann, M. Kalecki, J. M. Keynes, W. W. Leontiew). In forming conceptions on micro-social plane two scientific disciplines - sociology and economy - have marked their importance. First trend was built on a ground of the theory of economy and especially - of the theory of a consumer’s behaviour. Foundations of demographic ecnonomic conceptions were presented and their main representatives were: H. Leibenstein, G. S. Becker and R. A. Easterlin. As far as the second trend of conceptual research is concerned - the one of sociological background - the attention was drawn to conceptions of intermediating variables by K. Davies - J. Blacke, J. Bongaarts, R. Freedman and also - to the theory of declined fertility by J. Caldwell. After the review - presented in the article - o f conceptions met in contemporary social sciences one can be oriented in main directions of scientific research. Macro-economic approach was determined by theories of welfare. And then conceptions built on micro-social plane have a character of hypotheses rather very theoretical and speculative. The role of economic factor played in procreative decisions was proved, together with its imminent effect and - above all - indirect influence through other factors.