Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1984, nr 2
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Item Aktualne aspekty teorii pieniądza G. F. Knappa(Wydział Prawa i Administracji UAM, 1984) Knakiewicz, ZenobiaThe monetary theory of G. F. Knapp was so shocking in the moment of its announcement that it was rejected. Yet, demonetarization of gold is presently materialized and the authoress made an attempt at the study of that theory. Her task was to present main theses of G. F. Knapp and to examine whether the theory found its application in the modern monetary systems. Upon presentation of main theses of G. F. Knapp references were made to the theories of John Law, L. Walras. J. M. Keynes. The differences between metalism and nominalism were indicated. In the answer to the query the immediate interest of G. F. Knapp theses was emphasised. Applications of his theory in current international monetary system is brought forward. It was proved by G. F. Knapp that money is always an autonomous tender. Moneyed function is its, essence. Money is always numéraire. Substantional value od money is unnecessary and so are gold parity and par value system. State can fix a nominal value of its currency, as a compulsory legal tender and secure a future purchasing power as means of exchange. The exchange rate is a price of foreign currency expressed in a domestic unit. In cannot be fixed arbitrarily, as it is formed by the whole of state policies and international exchange. According to the Knappian pantopolical theory of exchange rate, a state has to run the monetary policy both inland and with reference to the foreign relations. All fundamental Knappian theses are presently fully realised in monetary system of many countries. In the international monetary system it is used in basket currency introduced by the IMF in 1974 as well as in establishing principles of central rate.Item Charakterystyka prawna i społeczna „dobra" zakładu pracy(Wydział Prawa i Administracji UAM, 1984) Chobot, AndrzejA notion of „benefit" of establishment is related to a legal construction constituting an element of legal institution: care for the interest of establishment what in turn is linked with a basic principle of labor law (art. 12 of labor code, hereinafter called l.c.) and one of the basic duties of labor (art. 100 § 2 p. 5 l.c.). Although the legislator does not define that notion directly, but the way of its determination is indicated indirectly. The detailed study of the regulation, doctrinal findings and axiological premises results in a conclusion that a legal concept of „benefit" of enterprise is related to philosophical concepts of common good and to the vision of social reality adopted by the so called structural functionalism. A general feature of the benefit the regulation is referring to, is, among others, undisturbed, harmonious functioning of establishment in the process of reaching its productive effect, sui generis a state of dynamic equilibrium. Philosophers would speak in that instance of peace or social order. Common good has first of all a personal character (the ethical and ontological scope), its material character is revealed only in its instrumental aspect. Consequently, it is necessary to depart from such notion of „benefit" of establishment which would bring only material associations. It can also be more proper to use a term of benefit of „labor community" or, at least, „benefit of employer". It is labor community (and not objectified set of production factors) which maintains operation of establishment as a whole. The principle of analogy and proportionality of common good is guaranteed and realized by labor law by means of a double conditioning of emploees' duty to care for the interest („benefit") of establishment. A need of removing interferences in operation of establishment (the element of analogy) gives rise to that duty, unless the events related to a socially justified individual interest of an emploee occur (the element of proportionality) barring that duty in spite of a materialized condition on the part of establishment. Philosophers also maintain that a common interest can dominate over individual values only when it is the case of equal good, and not in the situation when an individual interest is ranking higher. In" the legal construction it is realized in the priority of socially valid individual interest of an emploee over the benefit of establishment, in particular, interests related to the existence and developement of an individual or to functioning of family group take precedence of it.Item Konsekwencje i uwarunkowania prawne rachunku ekonomicznego(Wydział Prawa i Administracji UAM, 1984) Wostal, MirosławA notion of economic calculus is introduced to legal provisions not for the first time. Presently though it has to be restudied on account of changes in legal position and in tasks of state enterprise. Explication of the term is necessary on account of several reasons. It was previously used in different meanings. The Act of State Enterprises of 1981 includes provisions indicating at the need of operating enterprise on the grounds of economic calculus (thus it became a statutory notion). Several legal effects conditioning implementation of that method of activity are related to it. Yet, contents of economic calculus is not defined in the statutory provisions as well as a self- - accounting method which used to be compulsory before. Besides, the Resolution No, 224 of the Council of Ministers introducing in 1964 the economic calculus and offering more precise explications on that method was revoked on 1982. A question of defining economic calculus against a bacground of other obligatory methods of activity for state enterprises is of particular importance. That situation can give rise to various misunderstandings and bar a consistent application of economic calculus in economic practice. Implementation of economic calculus depends on several factors deciding whether economic calculus has a substantial importance also in the legal language or it remains a mere declaration without any specific contents. First of all, in the light of legal provisions, a scope of subjects whose activity is to be conducted according to that method was changed. Economic calculus first known as „a method of decision-making" became a „general method of operating state enterprises", including all moves. Economic calculus was thus formally shifted to the level of enterprise and it became one of essential elements of its functioning. It may suggest a change in sense of the calculus. The calculus method, upon its implementation, calls for an unrestrained legal independence of state enterprises, as a prerequisite. All legal solutions introduced which increase competence of enterprise organs are right and justified. They should make their decisions independently and operate enterprise according to the law to fulfill its tasks. In turn, state organs can make decisions refering to enterprise operation only when it is provided so in the statutes. Important legal regulation in implementation of the calculus are: defining a procedure of decision making, specifying legal means, enterprise is entitled to, against external decisions directed to it, introducing material liability of supervising organ. It is difficult to offer an explicit answer wheter a breach of economic calculus is to be treated as an infringement upon the law according to provisions on supervision, or whether there is a question of legal consequences at all. Usefulness of the calculus depends on its correctness. It is in turn conditioned by validity of economic parameters. It is also important for the decision-making subjects to possess sufficient and reliable data in the moment of decision. Improvement in qualifications of management and data collecting employees is therefore indispensable. A problem of relation between implementation of economic calculus and protection of environment is not solved.Item Model analizy popytu na usługi motoryzacyjne w ujęciu makroekonomicznym(Wydział Prawa i Administracji UAM, 1984) Pamuła, JanProblems of services, particularly automotive ones, becomes more and more topical and interesting both practically and theoretically speaking. It is apparent that a rapid growth of demand for services in Poland is not accompanied by a sufficient growth of their supply. Problems of automotive services require proper investigation of both theoretical and empirical character. The article attempts at the construction of econometric model facilitating studies on demand for automotive services in macroeconomic approach. It indicates at those economic demographic and social factors which inflence shaping of demand for the examined services. The study has thus a cognitive and systematic character. The empirical results presented are merely an illustration to the constructed models.Item Nadzór nad radami narodowymi, organami samorządu mieszkańców i terenowymi organami administracji w świetle nowych przepisów(Wydział Prawa i Administracji UAM, 1984) Leoński, ZbigniewThe Peoples' Councils and Local Self-Government System Act of 20 July 1983 introduced certain new elements to local administration system. Treating people's councils as organs of local self-government was one of those elements. People's councils and organs of municipal and rural residents self-government are handled in the new regulation as parts of the same organizational structure (of local self- -government system). It resulted in an increase of weight of decentralization and supervision problems in aspect of local administration. The present article contains a study of regulation pertaining to supervision excercised in three systems: 1. supervision performed upon people's councils, 2. supervision upon organs of municipal and rural self-government and 3. supervision upon administrative organs of people's councils. In the first system, supervision is performed by the Council of State (upon all councils in principle) and by voivodship (district) councils upon municipal, quarter, and rural district councils. The supervision covers control of legality of decisions and corrective means which cannot violate a principle of independence in activities. The newly introduced obligation of lending assistance to supervised organs is characteristic for a socialist state. The Polish Seym (Diet) is also obliged by the Act to take care of self-government charakter of people's councils, special means are provided for the Council of State to be used in instances of violating independence of people's councils by other organs. Supervision of rural self-government organs is trusted to rural district council and to its presidium, while supervision upon municipal self-government organs is performed by municipal (quarter) council and its presidium. Means of control are not intensive there but also the scope of affairs relegated to that self government is not substantial at least as far as decisional competence is concerned. In practice, the supervision upon organs of administration of people's councils is of a crucial importance, as those are implementing tasks of people's councils. On the central level, the supervision is divided onto various organs: Council of Ministers, Prime Minister, Minister of Administration and Region-Shaping Economy and branch ministers, what can threaten with inconsistencies in performing that function. On the voivodship level, the supervision is performed by voivodes and heads of departments of voivodship administration upon relevant organs of administration on the level of rural district, city, quarter. Yet, competence of higher level organs is differentiated subject to tasks performed by local organs of administration. In the decentralised sphere (when organs of administration act as executive organs of people's councils), means of exercised influence are those of supervision. But if those organs act in the sphere excluded from the competence of people's councils, the means are close to hierarchical subordination. That latter influence is named governance in the Act. The differentiated influence is effected by a dual role of local organs of administration since a dualistic model of local administration (self- -governmental and governmental) is rejected in the Act.Item Nordycki Bank Inwestycyjny(Wydział Prawa i Administracji UAM, 1984) Drzewicki, KrzysztofThe aim of the article is an attempt to analyse background, structure and activities of the Nordic Investment Bank and moreover, but subsidiarily, to survey its specific features in comparison with other similar financial organizations of the regional intergovernmental co-operation. Taking into account that the Bank was established as a specialized institution of the global Scandinavian system of co-operation, it seemed necessary motu proprio to define its position inside this system, with special attention to the extent and character of its links with both principal organizations of the Scandinavian co-operation, namely with the Nordic Council and Nordic Council of Ministers. This is particularly important because they both took part actively in the process of establishing the Bank and thus were in a position to reserve for themselves some influence on directions of its activities. The origins of the Bank were presented against a broader background of Scandinavian ventures in economic integration. The idea of the Nordic Investment Bank, in a form of relatively ripe conception, was already considered in the common market plans in 1957 and 1969. In both cases there was a general consent of experts as regards detailed organizational and functional provisions of the drafts, however they failed on the level of top political and economic negotiations. The third and, this time, successful attempt to set up the Bank took place in 1975. The structure of the Bank proves to be adequate to its tasks. According to the Statutes of the Bank, its activities during 1976 - 1982 demonstrate the preference to provide financing on normal banking terms of projects and exports beneficial to the Nordic region. Besides typical solutions applied in similar regional investment banks, the Nordic one distinguishes with some specific features. One of its exceptional features is no doubt a set of diversified forms linking the Bank not merely with regional intergovernmental body (Nordic Council of Ministers) but first of all with Scandinavian parliamentary-governmental assembly (Nordic Council). The operations of the Bank contribute essentially to stimulation and growth of Nordic economic interdependences and thereby diminishing to some extent the negative consequences of centrifugal tendencies in the region. It seems justified to conclude that the Nordic Investment Bank as the specialized institution has been thus flexibly connected with general directions of regional programme of Scandinavian co-operation and integration.Item Ograniczenia aksjologiczne prawniczych wnioskowań instrumentalnych(Wydział Prawa i Administracji UAM, 1984) Lewandowski, AndrzejThe author advocates in the article that a system of values ascribed to a rational legislator must be accounted for in applying rules of legal reasoning grounded on instrumental relation between acts indicated by norms. It is a complex problem as a global study of situation has to be considered and specific estimation of its aspects does not seem to be sufficient. The difficulties are also indicated in refering to casual nexus between states of things determined by norms for execution according to the rule of instrumental order or the rule of instrumental prohibition. There is a problem among others, how far the assumed causality has to be accounted for. One often recalls to enthymematic premises upon describing necessary conditions to realize a state of things indicated by a norm. These should be revealed if a reconstruction of a system of legal norms on the grounds of legal texts has to be performed in a clear and justified manner.Item Opodatkowanie ludności(Wydział Prawa i Administracji UAM, 1984) Łączkowski, WojciechProblems of taxating population are seldom moved in the literature of the socialist states. Still unsolved question of indirect taxation mostly ignored in embarrasseraient by doctrine can possibly account for that, as well as indecision and lack of consistency in instituting a system of direct taxation. One can argue on the grounds of study of budget income that over 90 percent of it has its source in indirect burdening of a society, while direct taxation constitutes appr. 1 percent of global budget income. The interest of legislator is however, inversely related to the values referred to. Direct taxes adopt several forms regulated by hundreds of legal acts altering constantly previous assumptions. One can hardly resist an impression that it is done for propaganda's sake. State can react in that way for a real or artificially stimulated dissatisfaction, rooted mostly in low emotions expressed towords those who achieve relatively high income. That is a mere pretense as that income and its taxation is of so limited range that it can practically affect neither financial position of an average citizen, nor national economy. It is unaccountable in this situation that a legislator consistently disregards a real problem which is an indirect taxation of society. A coherent concept of population's taxation should be elaborated in case when designs to develop market mechanisms and include them in economic system were carried into effect. The concept has to be based on radical cuts in indirect taxation, a uniform and efficient income tax is advised to replace a complex system of direct taxation. It would become a main source of budgetary income facilitating decrease in price levels. No rational objections are to be raised in this respect against following experiences of the best organized countries of the world.Item Pełnomocnictwa w Organizacji Narodów Zjednoczonych(Wydział Prawa i Administracji UAM, 1984) Sandorski, JanA question whether contesting of credentials is designed to protect the UN against actions of plenipotentiaries lacking satisfactory credentials, or it is an expression of objection to the power which granted the credentials is discussed in the present article. Chapter two bears on credentials in international law. As appears from analogy to law of treaties, credentials in a wide sense of that term, are a document accorded by a competent state authority, international organization or even an international conference furnishing a certain person or persons with power to represent in performing transactions regulated by international law. Chapter three treats of procedure of verifying credentials in the UN and presents the scope of competence of the Credentials Committee and the General Assembly in that respect. The UN practice in the range of credentials is presented in chapter four with a more detailed discussion of Chinese, Hungarian, Congese, Kampuchean and South-African cases. Presentation of the most crucial incidents related to credentials allowed a critical estimation of the UN actions in the final conclusions of the article. They are characterised by inconsistencies, voluntarism, and deviations from legal regulation. Presently, verifying credentials in the UN is not exclusively of a formal character. Representativeness of authority concerned is assessed upon aplication of various criteria (of effective authority and democracy) subject to varying circumstances. There is a great deal of anxiety in connection with the case of South African Republic that verification of credentials could be transformed into the instrument limiting an universal character of the organization. Delaying a decision on credentials sometimes for many years (the so-called Hungarian formula) has to be considered as an inconsistency with the letter of the law.Item Procesy i warunki kształtowania struktur rynku regionalnego(Wydział Prawa i Administracji UAM, 1984) Szromnik, AndrzejThe article discusses theoretical questions related to a spatial structure of market in a regional scale. In the author's intentions the formation mechanism of hierarchical structural market arrangements has to be presented with all factors affecting trends and intensiveness of exchange processes in a spatial approach. The author's reasoning is founded on the assumption that a spatial structure of a market and relevant spheres of market influence corresponding to it as well as market limits of specific metropolitan districts are a resultant of a spatial distribution of population purchases in the whole examined area. Consequently mach attention was devoted to characterizing main causalities affecting location of purchases of individual consummers. An attempt at final ordering of the applied division of regional market with regard to a rank and a range of centers was one of the main tasks of the present article. The following were distinguished: regional markets, local markets and micromarkets i.e. community markets, as elements of the model market structure. The whole study is presented against the bacground of the present administrative division of the state and in a close relation to it.Item Przegląd piśmiennictwa RPEiS 46(2), 1984(Wydział Prawa i Administracji UAM, 1984)Item Spis treści RPEiS 46(2), 1984(Wydział Prawa i Administracji UAM, 1984)Item Spółdzielcze prawo do lokalu jako prawo osobowo-majątkowe(Wydział Prawa i Administracji UAM, 1984) Krzekotowska, KrystynaThe article presents cooperative right to living quarters with a due regard paid to social function of housing rights designed to fulfill needs of family. It is expressed in subordination of traditionally property-like elements of housing rights to legal-family relations. As a result, the housing rights, as the institution of alimentation, can be contained neither in a category of property rights, nor in a category of personal rights. Consequently, taking personal and property rights into consideration in the general theory of civil law was deemed advisable. Personal or family-personal element has its weight in forming property rights, especially in socialism. It is manifested in the regulations ref ering to a new and stable form of socialist property-personal property. In the scope of housing relations it consists in regulating rights of spouses in a wider context beyond general principles of property relations in matrimony. The cooperative right to living quarters assigned in the duration of matrimony belongs to both spouses. Cessation of statutory community of property in the duration of matrimony does not terminate community of that right. The community can be dissolved only by court on demand of one of the spouses. Lease relations in turn, are included in the compulsory community of spouses in housing regulations, it is the case of lease which originated before conclusion of matrimony as well. The right formed in that manner can be in service of whole family as long as it exists as a whole or in a reduced state (e.g. for a reason of divorce). There is no objection to have that right assigned after divorce to the spouse children remain with- Not uniform regulation of a right to living quarters after spouse's death in cooperative law and in housing regulation is presented next. Including housing rights to a general category of personal-property rights would eliminate various regulations refering to sociologically uniform situations. Rights of that type would enjoy a uniform treatement dictated by housing interests of family.Item Sprawozdania i informacje RPEiS 46(2), 1984(Wydział Prawa i Administracji UAM, 1984)Item Świadomość historyczna robotników polskich. Problemy teoretyczne i ich empiryczne zastosowanie(Wydział Prawa i Administracji UAM, 1984) Leoński, JacekThe present text consists of four parts: I. Humanistic version of social consciousness studies; II. Remarks on autobiographical material; III. A notion of historical consciousness; IV. Mainstreams in a study of workers' historical consciousness in the light of 1981 competition. The first three parts of the article contain a theoretical analysis of notions of social consciousness, historical consciousness and of their study methods. The reference was made to the classics of Polish humanistic sociology Florian Znaniecki and Józef Chałasiński on purpose to present topicality of their theoretical findings. The part four of the article is the empirical study of historical consciousness of Polish workers. It is founded on the material originating from the 1981 competition for the worker's autobiography organized by the Institute of Sociology of the University of Adam Mickiewicz. For types of diarists can be differentiated on account of the type of historical consciousness revealed (contents of three elements, past, present and future); 1) those who posess all the elements of historical consciousness, 2) the authors lacking a past dimension of consciousness:, 3) persons possesing only the past element, 4) all those lacking historical consciousness. Several factors can also be distinguished on account of their effect on a shape historical consciousness of an individual: 1) membership of certain social circles: family, school, military service, professional milieu, territorial groups, political organizations, religious groups, 2) participation in social processes (particularly in process of social mobility), 3) forms of transmission of historical consciousness (mass media, reading).Item Tendencje spożycia napojów alkoholowych w Polsce(Wydział Prawa i Administracji UAM, 1984) Sęp, MirosławBasing oneself on available statistical sources, the author attempts at describing a secular trend of consumption of alcoholic beverages in Poland, which has been recently increasing steadily. That ranks Poland among the countries of a highest level of alcohol consumption in the world. Evolution of the consumption structure is also unfavorable. The assessment of a population permanently overdosing alcohol (over 4 million persons) was made. It makes a pathological threat. The distribution of consumption in a spatial arrangement in the country (regions) is also presented. The author makes reservations that quoted tendencies must be treated as approximate values only calling for further verifying examination.Item Teoria wartości Karola Marksa a problemy kształtowania cen w gospodarce socjalistycznej(Wydział Prawa i Administracji UAM, 1984) Romanow, ZbigniewSpeaking on an ambivalent character of labor and consequently on the whole economic process, K. Marx emphasises that it is both the process of increasing values and generating utility value. He does not also treat a relation of theory of value to a price making process directly and onesidedly. Prices have to reflect verified effects of social labor expenditures and not only an ordinary acceptance of it under conditions of material-utility criteria of managing economy and in the competitive buyer-consummer market. A rational true price has to reflect real economic proportions resulting from a long term and perspective plan as well as currently formed economic conditions effected by the given productive machinery and market situation. The law of value cannot act as a law of prices in its classic formulation, under these conditions even in the increasing role of commodity- -monetary categories. Yet it can act as a law of labor expenditures determining possibilities of fulfilling needs of production and consumption within the framework of basic productive and exchange proportions included in a long term plan and in autonomous decisions of enterprises. Consequently, adopting a cost concept of prices in economic literature is not satisfactory from the point of view of realizing a natural target of production and socio-economic rationality. It seems that the concept of prices of market equilibrium is rather closer to rational principles of price making, handling price as an objective category reflecting real proportions and conditions of economy, under one condition though: it can not be treated as a result of unrestrained formation of economic processes.Item Wiarygodność zeznań świadka. Niektóre problemy logiczne(Wydział Prawa i Administracji UAM, 1984) Płachta, MichałThe article discussess two problems of great importance for a judicial practice: 1) conception of reliability of a informant, 2) partial reliability of the evidentiary statement. Two notions of „witness'es credibility" can be differentiated in the judicial practice, although judges are not always aware of that distinction. A type of facts which are foundation for a statement of reasons for the judgement is adopted as a criterion of that distinction. Consequently, one witness is found to be credible, while another is not: 1. a notion of credibility is of a reporting character, the judge finds that a given witness is credible with reference to relations on certain facts, as almost all of his information appeared to be true (mistakes were commuted rarely) and he supplied mny information from a given field. The notion of credibility1 is thus related to frequency of false and true information; 2. a notion of credibility2 has a prognostic character; data related to withness'es attitude, his personality, views, traits of character, knowledge (of facts reported), and situation he was in at the time of percepting facts (or at receiving information in some other way) are a foundation of judicial decision of his credibility. If the court is supplied with a certain amount of information on a witness and his testimony, and they are relevant with reference to a given event (e.g. a crime), the witness will be credible only when: 1. frequence of his mistakes and concealments with reference to that event is not exceeding a certain constant adopted by court and defining a level of its critical judgement towards the witness and his testimony; 2. mistakes and concealments of the witness are unintentional. Irrespective of defining credibility of the witness, the court has to be supplied with a satisfactory amount of information on the witness as well as with his testimony of a substantial duration to be able to estimate his reliability. The notion of credibility of the witness is also used in courts in two different meanings: 1. upon indicating that „the witness is credible", the court relates to the value of the very testimony. Consequently it means a total acceptance of the testimony or its dismission. . - 2. the expression mentioned above can also be a mental abridgement to the effect that credibility of the given witness is in p r i n c i p l e adopted by court, although a question of some statements of the witness may be not settled. In other words, credibility of all the statements separately is examined by court. It does not seem advisable to require from court to offer a total, univocal estimation of the whole of witness'es testimony (point 1). In the result his evidence could be found either totally credible or totally unreliable. In most of the cases, the said testimony is not a single statement of a fact formulated in a simple sentence, but usually it adopts a form of a set of various statements. It can be therefore indicated that a court can make its findings-without a breach of principles of logics-contrary to the testimony of witness who was found credible in principle and vice versa.Item Zbiorowe spory pracy a współczesne koncepcje ładu społecznego(Wydział Prawa i Administracji UAM, 1984) Zieliński, TadeuszA phenomenon of collective labor disputes adopting a shape of organized actions of workers against owners of production means postulating collective bargaining as means of establishing more advantageous conditions of labor or wages became an indispensable element of the industrial civilisation. The collective labor disputes are regulated by law in various ways, subject to prevalent opinions on the role of collective conflicts in a given state. According to the theories of functionalism, collective conflicts are socially undesirable as they result in interferences in a wanted model of conflictless, harmoniously developing society. Submission of collective disputes to statutory regulation is a consequence of this assumption. In autocracies functionalism adopts a shape of „monocentric social order". Strikes and other forms of labor protest cannot be reconciled with that concept of social order and are therefore forbidden by law. Manifestations of collective life in labor relations are not limited by state in statutory regulation in the systems of „polycentric social order". Fight between contradicting interests and arriving at compromise either by the sides of conflict by conciliation or in a result of activities of mediation or arbitration organs is the essence of that model of social order. In the system based on a social ownership of production means, in the author's opinion, a desirable socio- economic order can be achieved by harmonizing a system of collective bargaining and agreements with a planned activity of state in the scope of national income distribution. A theory of conflict does not fit to the assumptions of planned economy, it is followed by the opponents of functionalism and implies that tension in social relations is the essence of modern capitalism, even necessary to maintain and develop liberal economy. Socializing of production means cannot remove per se any sources of social tensions related to work in socialist economy. A strike is considered to be a pathological phenomenon in that system, it should not be disregarded thought with a reference to alleged „conflictlessness" of socialism: lack of contradictions between group interests of labor and interests of establishments. Therefore, in no model of social order in socialism can group conflicts be disregarded. Refering to the assumptions of economic reform in Poland (aimed at decentralizing management system), the author postulates to have collective disputes spreading to one or several establishments (works) settled by colleges of social arbitrators constituted by districts courts of labor and social security and by the Supreme Court, while the disputes concerning social questions in the scale of whole domestic economy and the whole labor (i.e. national collective disputes) should be settled by means of basic agreements made by government representation and trade unions vested with the right to strike as a final argument (art. 36 et seq. of the Trade Unions Act of 1982). The mentioned agreements, in the author's opinion, ought to solve any problems determining standard of life of citizens (wages, social services, prices and even taxation) and preclude, in that way, open conflicts between authorities and society. The proposition of „peaceful labor system" presented by the author pursues institution of a new agreement based and statutory model of collective labor law with a domination of basic agreements over authoritarian statutory regulation of employment, wages and social affairs in a wide sense of that term and consequently, breaking with exclusively unilateral regulating labor relations by the supreme organs of state power and administration (the Seym and the Government of Poland) without an authentic participation of trade unions.Item Zrzeszenia obowiązkowe przedsiębiorstw państwowych(Wydział Prawa i Administracji UAM, 1984) Pyzioł, Wojciech; Walaszek-Pyzioł, AnnaThe article discusses essential questions related to organization and functioning of compulsory unions of state enterprises in the light of the State Enterprises Act of 1981 and of implementing orders of the Council of Ministers. The following are discussed: premises of forming compulsory unions, their normative tasks, problems of entering into a contract of union creation, its contents (including a problem of judical intervention into the contracting process), contents and legal character of union's statute. A subject of principles of union functioning and of their organs (union council and director) was also treated in detail. The authors advocated that compulsory unions are a form of grouping state enterprises which cannot be considered as a continuation of associations of enterprises abolished in 1962. Although the unions are created in execution of the decision of the Council of Ministers which bindingly defines several contractual provisions creating the union, but they are not organs of economic administration (as the previous associations used to be). Consequently they have no competence to interfere into enterprises' operation in administrative mode. The council of union is entitled to make resolutions binding for union members, on the grounds of competence resulting from the contract of union creation, but a breach of those resolutions can result only in sanctions of civil law (civil liability for damage).