Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1982, nr 4

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Ceny usług w warunkach nierównowagi rynkowej
(Wydział Prawa i Administracji UAM, 1982) Wiśniewski, Florian
Two stages of disequilibrium can be specified in the market of services. The first on had lasted until 1980, the second one has begun in 1981. In the first stage, prices of services were of no importance as a parameter for decision making in service enterprises, they had also no influence on the market equilibrium. The second stage was opened with a reform of small manufacture. Official, regulated and conctract prices are used in services as well as in the whole economy. The official and regulated prices are still based on a costly method of price fixing, although it became more effective. On this account the entire halting of inflational processes is not guaranteed by them. The contract prices are based on a criterion of supply and demand equilibrium, yet in the conditions of the market unbalance they are likely to foster it. The system of business and income taxation is an additional negative element to be considered along with the question of prices. Upon the critique of the present system the author offers a new type of price called the modified socialist price of production. This price should include the following: direct cost of the service, marigin of indirect costs, profit and of enterprise taxation in a form of interest on assets and on a wage fund calculated according to the rates set for the respective branches of service trade. The service prices calculated on the basis of that method would be initial ones which could increase to the equilibrium prices depending on the market situation. The difference between the initial and equilibrium price would be taxed at a progressive rate for the benefit of the budget. Therefore producers would be interested in the decrease of production costs and not in advancing market prices.
Drogi kształtowania się francuskiej klasy średniej
(Wydział Prawa i Administracji UAM, 1982) Leoński, Jacek
The modern French middle class is an interesting research subject. The problem of the historical and sociological ways of its developement and transformations is also engaging. The French middle class has its roots in the revolutionary changes of the late 18 century, but its fundamental part was formed in the second half of the 19 century and in the first half of the present century. Two stages of the French middle class formation can be distinguished: the first one,, related to the Belle Epoque, lasting conventionally to 1914 and the second one opening with the outbreak of the World War I. The great bourgeoise and the working class were rising and developing in the Belle Epoque period, the social role of the middle class also increased. The latter was in a way filling the lacunae which emerged between the other classes. The French middle class of that period was described as "capacités". It was composed mostly of professional lawyers (judicial officers, attorneys, notaries) and medical doctors. These professional categories had often a tradition of several generations and their material existence was based on fees received from their individual clients. Apart of these categories, the group of "capacités" comprised professionals salaried by the state, private enterprises and various other institutions. Engineers, journalists, scientifis and education workers have to be named here. A social importance of the "capacités" diminished in the interwar period, the „new middle class"-„les cadres" started seizing their position, they were to rise in power in the social life after the World War II. A period of its social developement and stabilization was closed at the beginning of the sixties.
Efektywność pracy a dochody ludności
(Wydział Prawa i Administracji UAM, 1982) Łukaszuk, Aleksander
In the first part of the article the author calls for more precision in the application of various indices of work effectiveness, in particular, the attempt is made to prove that the relation of total output to expenditures of direct and materialized labour is generically identical to the relation of net output to direct labour expenditures. Various aspects of the relation of the increase in labour effectiveness to personal incomes and wages to start with are elaborated in the second part of the article. The author polemizes with a common thesis of the constant need to have a higher rate of growth in the effectiveness of social labour than in real wages. The author concludes indicating at the interaction between the increase of personal income and consumption and the growth of labour effectiveness.
Funkcje teorii środków produkcji materialnej w badaniu formacji społeczeństw współczesnych
(Wydział Prawa i Administracji UAM, 1982) Kozyr-Kowalski, Stanisław
The article brings the first series of arguments for the interpretation of a thesis, inherent in the historical materialism, on defining a social formation by the economic structure. That proposition was put forward in the treatise on "The Theory of Material production Means and the Modern Societies" (Ruch Prawniczy, Ekonomiczny i Socjologiczny nr 3/82). Application of the theory of means of production, as a tool to identify economy, results in questioning the common opinion that a role of State is increasing in the socialist societies along with the diminishing range and importance of the economic structure. When that theory is applied as a method of initial definition of peculiarities of extraeconomic structures of the social formation one is able to criticise the common concept of State. The Marxist notion of legal and political superstructure can not be reduced to the colloquial term of "State". The author distinguishes three large processes by which the structure of production means is conditioning all the extraeconomic regions of the social formation: 1) natural effect of material goods- manufactured by means of production on a biological organism of a human being (analysis of that process implies the application of historical materialism along with the discoveries of modern natural), 2) tellic conditioning (linking the historical materialism with problems of modern theories of social action, practice and "humanistic sociologies" as opposed to the sociological naturalism), 3) mental reproduction of the objective world (analysis of that process assumes materialistic and historical sociology of knowledge, the sociology of extrascientific and scientific cognition). Application of the theory of means of production as a tool examing the influence of some non- economic structures on the economic structure allows a transition from formulating pre-scientific queries: can law, science, art and ideas influence the economy? to scientific questions: what are the processes which account for the influence of a superstructure on a base? The exact indicators of that influence can also be seen. The analysis of the position of economy on the formation of modern societies indicates at numerous arguments bearing on the merits of the proposition that the historical materialism has presently more significance for the scientific study of economy as a whole, and of society as a whole than it used to have in the times of Marx and Lenin.
Kolejność obowiązku alimentacyjnego z art. 144 kodeksu rodzinnego i opiekuńczego
(Wydział Prawa i Administracji UAM, 1982) Szlęzak, Andrzej
The problem of alimentary duties between step-parents and step-children has often been referred to in the works of legal writers. However, the question of the sequence of the said duties has not been satisfactorily explained. The authors, despite the wording of sec. 144, are unanimous that it should be determined with regardless of the principles of social coexistence. In the present paper, the author undertakes the task of proving that the adoption of the said principles in order to establish the sequence of the alimentary duties brings about the results free form undue subiectivism or arbitrarieness. Thus, depending on various factors, the aforementioned duties should be arranged either according to the „loco parentis" and „loco pueri" rule or they should be regarded as subsidiary ones. Nevertheless, it is the author's opinion that the wording of sec. 144 does not fully respond to the requirements of the contemporary social relations and therefore the said provision should be restated with no reference to the principles of social coexistence and should, to a high degree, correspond with the regulation of alimentary duties between parents and children.
Niektóre uwarunkowania załamań gospodarczych Polski
(Wydział Prawa i Administracji UAM, 1982) Leśkiewicz, Zygmunt; Sienicka, Iwona
Frequent heavy economic slumps which have occured throughout the whole post-war period and at relatively regular intervals of time inspired the authors for searching for the reasons of these phenomena. The basic reasons common for all the previous crisis are the results of extensive development policies, mistakes in the agricultural policy, discriminating individual agriculture, and acting without regard to the interaction between economic strategies and planning and management system. The authors offer the following solutions in their reflections. The present economic crisis is not resulting from the errors of the last decade but it is the manifestation of maladies rooted in the policy of immitating the economic structures. Attempts to change the defective structures were doomed to failure on account of, among others, no reform in the planning and management system.
Nowa regulacja stosunków prawnorolnych w kodeksie cywilnym
(Wydział Prawa i Administracji UAM, 1982) Zieliński, Andrzej
The Polish law on agriculture can be classed among those branches of law which are still raising objections on some of their provisions. This situation creates a stimuli for making transformations of the regulation. Recent amendments of the Civil Code are the first steps toward reform. The Act of 26 March, 1982 (The Legal Gazette — Dz. U. 11 sec. 81) has modified the two branches of civil law: property law and law of inheretance. In some parts the previous changes are continuing the legislational policy, but in some other they present new solutions. In no doubt the change of sec. 131 of the civil code (hereinafter called the c.c.) is most substantial, it is realizing the postulate of consolidation of the individual agrarian property. The wording of the provision though, especially when confronted with sec. 129 of the c.c. is questionable. Notions used by the legislator are still not precise i.e. the complete (sec. 131 of the c.c.) and the particular (sec.129 of the c.c.) protection. Sec. 160 of the c.c. has clearly specified the prerequisites which have to be satisfied, according to the code, by the vendee of a country (agricultural) estate: it can be any person excercising a farmer profession (in a broad meaning of the term) or having theoretical qualifications. Therefore certain subjects are no more discriminated, eg. employers of the state agricultural enterprises. The new regulation (sec. 161) has also put an end to the stereotype understanding of the question of size of an individual farm. That question was normalized in a long awaited way, which can answer to the reality and needs of the present day. The maximum size of the individual farm can reach 100 ha of general area. The rules of dividing farms in consequence of transfer of agricultural estate property rights (sec. 163). Changes in the regulation of dissolution of co- ownership are not substantial and they are corresponding to the modifications of sec. 160. The extension of circle of heirs is a novelty in the regulation of farm succession, that circle is presently equal to the circle of statutory heirs inheriting on general principles. The sequence of succession is determined now by sec. 931 et al. of the c.c., the main condition being qualifications necessary for the acquisition of a property right, as well as majority and permanent inability to work. In case of testamentary succession of farms the amendments returned the rules of "normal" taking of bona vacantia. In the instance of a sole succession of persons permanently incapable of work, the farm is inherited by all successors on the basis of the general order of inheritance. There are slight modifications carried out in testamentary succession of farms (sec. 1065 of the c.c.) and in the distribution of an inheritance. In principle, both are a consequence of property law provisions which were adopted earlier and of sec. 1059 of the c.c. The regulation of succession — as opposed to the 1971 amendments of the c.c. — are not retroactive and they are valid from the day of enactment of the law, i.e. 6 April, 1982.
O zawieszeniu pracownika w wykonywaniu obowiązków
(Wydział Prawa i Administracji UAM, 1982) Kubot, Zdzisław; Sanetra, Walerian
Suspending a worker in performing his duties is the exception to the rule of the sec. 22 § 1 of the Labor Code, stating that a work organization not only has to pay wages to the worker but also to enable him to perform his actual work. The institution of suspension in performing duties is related, in its roots, to the law of civil service. Up to this moment the institution of suspension has not been regulated in the Code of Labor. Suspension in performing duties can usually concern special categories of workers whose rights and obligations are described in their service regulations. The following are to be mentioned: civil servants, communication workers, workers of public forests, teachers, academic teachers, prosecuting attorneys, judges, diplomatic and consular servants, fire department functionaries, penitentiary functionaries, functionaries of civil police and career soldiers. The premises to suspend the workers of the mentioned categories in performing their duties are to a large extent similar. The service regulations usually state that an employee (functionary) can be suspended in his service duties if his withdrawal from performing service duties on account of instituting criminal or disciplinary proceedings is necessary for the benefit of the service. A manager of the work organization or superiors of the worker are vested with the right to decide of the worker's suspension. The worker can be therefore suspended in his duties by means of his service subordination system. Judges are the exception here. It is only their disciplinary court which is able to suspend them in performing their duties. This is a result of the requirement of judicial independence in the scope of jurisdiction. The service regulations usually enable to appeal from the decision of suspension to the manager of work organization or to the superior organ if the first gave a decision. Substantial differences can be observed in the respect of the suspension period. Apart from the service regulation, the institution of suspension in performing duties is provided by the People's Councils Act of 25 Jan., 1958, the State Enterprises Act of 25 Sept., 1981, and the State Tribunal Act of 26 March, 1982. According to the State Enterprises Act, only a manager (director) of a State Enterprise can be suspended, the decision is then given by the founding organ in cases when his further performing duties is a substantial legal offence or can endanger fundamental interests of the State's economy. The founding organ is under obligation to notify the worker's council of a given decision. When the director is suspended in his duties the founding organ has to appoint a temporary manager for the period not exceeding six months. Both the worker's council and the manager of an enterprise can lodge a protest against these decisions. The protest together with its substantiation is lodged to the organ which gave the decision, within seven days of its delivery. If the decision is upheld by the organ which was the addressee of the protest, the director of an enterprise and the workers council can bring an action in the court within seven days. A specific regulation of the institution of suspension is provided by the People's Council Act and the State Tribunal Act. According to the first act, the provincial organ of administration of the voivodship rank can suspend in duties a manager of an administration unit not subordinated to the people's council if a particularly flagrant offence of his service duties causing serious social and economic damage is established. The provincial organ of the State administration is under obligation to notify the competent superior organ upon suspension. The State Tribunal Act relates suspension in duties to the constitutional responsibility of persons holding the highest State offices. Such person is automatically suspended in his duties upon the resolution of the Seym of bringing him to the State Tribunal.
Porozumienia o gwarancjach Międzynarodowej Agencji Energii Atomowej
(Wydział Prawa i Administracji UAM, 1982) Gadkowski, Tadeusz
Safeguards Agreements are the important legal institution in the system of international control of peaceful utilization of the atomic energy. The control is kept by the International Atomic Energy Agency. The control activities of this organization have to secure that any help offered by itself, by its request, or under its supervision or control cannot be diverted into any military goals. The control activities of the Agency in this scope have to preclude any proliferation of nuclear technology by means of eliminating the situations of inadequate utilization of the Organization's assistance by a State and to prevent a seizure or increase in an army nuclear supplies used and produced in the objects subjected to the safeguards system of the IAEA. The control activities of the Agency is regulated by many acts, the essential ones are: the IAEA Statute, the Safeguards Document, the Inspectors Document. They provide the key model of the control system. These provisions are specified in the Safeguards Agreements. The agreements are concluded between the Agency and one or several member states and they contain commitments of the states- -parties to the agreement to use materials equipment and installations subjected to the IAEA safeguards solely for peaceful goals, the organization is granted the right to control carrying out the commitments of the contracting states. The agreements can concern whether a project of utilization of the Agency assistance or bilateral or multilateral regulation in the scope of utilization of the atomic energy, enabling a contracting state to apply to the organization asking for executing safeguards, they can also refer to any activity of a state pertinent to the atomic energy which is unilaterally subjected to the safeguards of the Agency. The author of the article indicates at the substance of the Safeguards Agreements and discusses their particular types in the IAEA regulations and practice. These are: Project Agreements, Safeguards Transfer Agreements, Safeguards Execution Agreements, Unilateral Safeguards Submission Agreements, Supplementary and Subsidiary Agreements. The development of the International Atomic Energy Agency control system is also discussed.
Prawo a gospodarka
(Wydział Prawa i Administracji UAM, 1982) Komar, Andrzej
The article discusses the role of law in shaping of the economic relations. It presents relations between law and economy and the possibilities of law in the domain of economy. It has been underlined that there are explicit limits of these possibilities. Trespassing upon them causes the degradation of both law and economy. In the article, the author has analysed the Seym bills of social — economic planning, of prices, of the financial economy of state-owned business, of taxation of state-owned bussines and of banking law. At the same time it has been indicated that these bills do not constitute the economic reform because they lack some kind of a general and common conception.
Problemy badań regionalnych w świetle aktualnych zmian systemu planowania
(Wydział Prawa i Administracji UAM, 1982) Wojtasiewicz, Lucyna
The article presents a concept of desired contents, character and structure of regional survey in the 80-ties. The discussed concept referes to the recent Planning Act and particularly to two traits of planning which were emphasised in the act i.e. complexity and concern about a social factor. The regional survey of future years does not have to depart from the previous practice of its development but it ought to be more selective and geared on finalization (and bringing up to date) of the selected elements of the practice. The survey must be closely related to the reality (a choice of survey directions answering to the needs of the planning practice), but it is also the case of understanding and considering those aspects of the reality (and in consequence — those needs) which are presently emerging. Three research trends can be specified upon adoption of that point of view: 1) trend of development integrity in the spatial aspect, 2) trend of rational spatial economy, 3) trend concerned with time and space interactions in the process of socio- economic development. The proper concern about a social factor is particularly important in the regional survey. Many questions are involved with that problem, like applying correct (socially proved) standards of development, relating regional planning to self-government, having regard to the psychological conditioning of development. The survey has to be effective to a maximum degree. Two questions have to be therefore emphasised: — systematic and concequent empirical and practical research, — practical understanding of regional survey as the inter-or multidisciplinary research, and its conduct on the base of utilizing scholarly production of many sciences. It is important to carry a certain development line of the survey into effect having regard to the particular traits of the Polish scholarly production.
Problemy pojęciowe i systemowe decentralizacji terenowej w ujęciu planistyczno - finansowym
(Wydział Prawa i Administracji UAM, 1982) Denek, Emilia
The system of administration of local economy has been frequently reformed troughout the past 25 years in order to decentralize it. That decentralization proved to be ambiguous both in the practice and literature. In any case the aim of limiting decisions of regional organs with their incomes was followed. It is not possible in practice to replace the centralized system of local economy administration with the decentralized one. It is only possible to introduce the mixed system combining elements of the centralized and decentralized systems. Aiming at decentralization is therefore manifested with limiting directive methods of administration and expanding the parametric method of management within the framework of the mixed system. The authoress discusses the role of planning and financial instruments in various systems of administration, focusing on sources and fournis of budgetary incomes of the regional organs in the aspect of their utilization as parametric instruments of economy management in those areas.
Przegląd piśmiennictwa RPEiS 44(4), 1982
(Wydział Prawa i Administracji UAM, 1982)
Przyczyny zagrożenia realizacji reformy gospodarczej
(Wydział Prawa i Administracji UAM, 1982) Ratajczak, Klemens
The constant decrease of effectiveness of the command and distributive system of management was the reason of a decision to reform mechanisms regulating the socio-economic activity of enterprises and institutions of the State. Imperfections of that model were manifested in the declining activity, productional and economic effectiveness of enterprises, worsening allocation of means, deceleration in the increase of effectiveness, deproductioning of labor at a fast rate, drop in motivation to work and deepenning market disequilibrium. Fostering the command and distributive system resulted in the aggravation of its inner contradictions. These were seen in the replacement of economic laws with written laws removing highly qualified producers and introducing incapable bureaucracy which was often an obstacle to the production. The direct relation between nominal income of citizens and their contribution in the generation of national income was broken. The social opinion concentrated on the division of national income failing in its efforts to produce it. The decision to implement the economic reform expresses the will to counteract these negative results. Complexity is the very nature of the reform. It includes the questions of self-administration, economic independence and self-financing of individual economic units. The reform was reaffirmed by several acts. Yet many dangers became apparent upon its implementation. These are present both in enterprises, where the management is inclined to the previous model of administration and among those decision-makers who feel threatened with the reform.
Rada pracownicza w systemie organów przedsiębiorstwa państwowego
(Wydział Prawa i Administracji UAM, 1982) Niedbała, Zdzisław
The reform of planning and managing system of the national economy in Poland is mostly concerned with a functioning of State enterprises. The new economic model has endowed its organizations with an economic independence, self-management and self-financing. The idea of self-management of enterprises is manifested in the shape of worker's self-management. Worker's councils are presently functioning as a basic and permanently active organ of the worker's self-management. According to sec. 2, par. 2 of the Act of 25 Sept. 1981, the worker's council is an organ and representation of the personnel's self-management. Simultaneously, by virtue of the State enterprises' Act, the workers' council obtained a status of the organ of State enterprise. Being the organ of workers' self-management, the worker's council enjoyes an attribute of independence from the State administration organs, as well as from the political and union ones. Consequently no pressure can be exerted by these organs on the worker's council in the scope of its preemption. There are direct ties between the council and the personnel of an enterprise in order to secure the independence of the first: the council is elected by the personnel in a direct, general and equal poll. The independent status of the council member is guaranteed by the interdiction of a notice or dissolution of an employment contract without a previous consent of the council. The attribute of council's independence does not imply its isolation from other organs of the enterprise management. It concerns both the workers' self-management organs and organs managing professionally i.e. the enterprise director. Relations of the council to the general assembly of the personnel are based on a definite dependence of the council from the assembly. The assembly passes, among others, a statute of the workers' self management, the basic, internal normative act stating the position and functioning rules of the workers' council. The assembly is also vested with a right to recall a council in toto or its individual members. Mutual interdependence and, to some extent, keeping each other under control are characteristic of the relations between the council and the director of an enterprise. The workers' council is vested with the right to suspend the execution of a director's decision and the director, in turn, can suspend the execution of a council's resolution. Contentions as to an application of the supervisory measures are tried under special mode of proceedings. The up-to-date practice does not allow for more exhaustive evaluation of the effectiveness of self-management organs in the State enterprises. One can venture the opinion that a rank of the self management organs will be increasing with the process of making enterprises independent.
Skorowidz alfabetyczny za rok 1982
(Wydział Prawa i Administracji UAM, 1982)
Spis treści RPEiS 44(4), 1982
(Wydział Prawa i Administracji UAM, 1982)
Sprawozdania i informacje RPEiS 44(4), 1982
(Wydział Prawa i Administracji UAM, 1982)
Środki walki z inflacją i prognozowanie inflacji w gospodarce kapitalistycznej
(Wydział Prawa i Administracji UAM, 1982) Jankowiak, Ludwik
The article deals with the ways and means of fighting inflation in the conditions of market economy. The majority of them either reduce the aggregate demand or increase the aggregate supply. The following are being analysed. 1) appropriate monetary and fiscal policies, 2) control of wages and prices, 3) tax incentives and reductions with the aim to stabilize prices. The author concludes that the best hopes (in the long run) lie in multiaspectual approach to policies of fighting or curbing the rate of inflation, such as: a) strict adherence to fiscal and monetary discipline, b) consultations between labour, business and government, c) reductions in state expenses, d) proper regulations of business activities (with a view of expanding employment and economic growth), e) various tax reductions, f) green light for foreign trade, g) reductions in armaments expenditures, avoidance of military conflicts, h) price stabilization policies, control of cartels and monopolies. People whose responsibility is to prognosticate inflation and suggest concrete economic steps to deal with it, are in a very difficult situation. It is true that a sensible economic policy can do much in this respect — there are nonetheless different elements hard to foresee and to evaluate (the future supply-demand balance with regard to energy for one example, the price of oil etc.). Another problem which may criss-cross all expectations is the possibility of financial bankruptcy of Third World countries (and as a matter of fact, not only Third World countries). The trouble is that we lack the proper theoretical basis for making correct prognoses. In the last few years, those prognoses were mostly wrong. The econometric models used proved inefficient. New methods and instruments are needed.
Ubezpieczenie pojazdów samochodowych od uszkodzeń (auto-casco) po zmianach legislacyjnych
(Wydział Prawa i Administracji UAM, 1982) Kwieciński, Tomasz
The article presents changes in legislation effected by the Order of Council of Ministers of Nov. 30th, 1981 on the compulsory traffic insurances (Law Gazette — Dz. U. nr 30, section 166) and concerning the "auto-casco" insurance. One of the essential modifications brought about by the new regulation consists in abandoning the application of exemptions of the liability of insurance company for damage incurred in the situations when a vehicle is driven by a dependent holder. When a car accident happens at the above described situation, the title of the independent holder of the vehicle to indemnification is not exempted. The new order on the compulsory traffic insurances brings also about a substantial change of the character of car insurance against damage. The insurance remained in the category of statutory insurances (originating ex lege), but at a same time became non-compulsory. The vehicle holder can be exempled from that insurance on submitting an appropriate statement and paying the insurance premium for the statutory and obligatory accident and liability insurances. Further changes of the former regulation concern such various questions as the range of "auto-casco" insurance application, the scope of insurance protection, the scope of the liability for damage of the insurer and rates policies. The essential and original changes are subjected to the detail analysis in the article. Many of the new solutions applied in the Order of 1981 can improve the insurance protection and compensation of vehicle damage. On this account the new legislation has to be approved. The author also indicates at the lack of precise wording in some of the regulations. The Order of Council of Ministers on the compulsory traffic insurances is a long step forward in the legislation but it can still effect many interpretational controversies.

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