Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1985, nr 3
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Item Badania nad rodziną w poznańskim środowisku naukowym(Wydział Prawa i Administracji UAM, 1985) Wierzchosławski, StanisławFamily is a difficult and complex subject of the scientific research. It is effected by a number of reasons which are making matters difficult in the degree and range not encountered in other domains of social studies. Although the interest payed to the family by the social sciences in Poland has already a rich and long standing tradition, particular scientific disciplines have been including themselves to the studies in various periods of time. Relatively the earlies participation has been noted in anthropology and ethnography, next in sociology, demography, social psychology, economic sciences, law and recently, in ecology and medical sciences. Various scientific centeres in the country are engaged in the studies. As the research proceeds, the Poznań center is taking the leading position transforming itself gradually in the main center of studies on population microstructures in Poland. Two centrally directed problems are being coordinated in that center: of sociological research (University of Poznań) and of demographic research (Academy of Economics in Poznań). Within the structure of the latter, there is the sole Polish Bank of Information on Family and Household functioning, gathering wide resources of materials handled in three informatic systems: of past, present and future family. Upon reviewing the main trends of studies, the author attempted at estimating the present stage of studies on family in Poland. In the development of empi - rical studies our country has advanced to the head of European states, but the methodological studies, in spite of certain achievements, reveal still considerable retardation in relation to the general level of science in that field. There are substantial disproportions observed between particular scientific disciplines in the scope of improving their research devices and in the effect they are not equally participating in studies on family. Multldisciplinarity of research on family introduces several serious implications which are calling for urgent solutions. In the present stage of research developement the efforts should be directed into: 1) elaboration of principles of the most effective cooperation of numerous scientific disciplines, 2) searching for institutional solutions airned at securing the uniform material and methodological coordination of the whole studies, 3) devicing principles of the inderdisciplinary scientific synthesis for the research results, which would answer the modern stage of sciences development and the social needs.Item Funkcjonowanie samorządu załóg przedsiębiorstw państwowych w okresie przezwyciężania kryzysu społeczno-gospodarczego(Wydział Prawa i Administracji UAM, 1985) Sowiński, RomanThe author discusses in detail the posibilities of making use of the rights granted to workers of State enterprises in The State Enterprises Workers' Self- -government Act of 25 Sept. 1981 (Dziennik Ustaw Nr 24 sec. 123) and in The State Enterprises Act of 25 Sept. 1981 (Dziennik Ustaw Nr 24 sec. 122) in the situation of binding force of The Act of Special Legal Regulation in the Period of the Suspension of the State of Emergency of 18 Dec. 1982 (Dziennik Ustaw Nr 41 sec. 273) and later of The Act of the Special Legal Regulation in the Period of Overcoming the Socio-Economie Crisis of 21 July 1983. In the author's opinion the wording of the latter act became the source of numerous interpretational controversies questioning thus a possibility of the explicit decoding of the legislator's will. The doubts are particularly concerning the employed term of "dissolution of workers' self-government organ". The author studied in turn particular elements of the procedure of suspending activities of enterprise's workers' self-government organs, defined in the Act of 21 July 1983 (art. 9 sec. 2). That provision is to have a particular impact for the workers of the enterprise in case of its possible application. In the context of present conditions of self-government functioning, in the author's opinion it is not only procedure of decision making concerning the self-government organ which is essential but also a problem of responsibility for making the decision. Consequently, the author focuses on the problem of a legal character of the Commission for Workers' Self-Government which is to act on the base of the Act of 21 July 1983 by the Council of State. The present regulation is not precising the character of the above comimdssion and the interrelations between such commissions acting by the Seym, the Council of State and by the people's councils. Clarification of those issues would effect establishing the possible appeal procedures from the decision of „dissolution" the self-government organ, of "suspending" its activities and of "resumption" of its activities after the period of suspension.Item Instrumenty prawno-finansowe w gospodarce rad narodowych(Wydział Prawa i Administracji UAM, 1985) Gajl, NataliaThe advantages of financial instruments viewed as forms of exerting the influence of the center upon the local economy and of the local organs on various subordinated and non-subordinated subjects acting in the area of the councils' competence are studied in the article. The discussed problems are divided into four parts. In the first one the range of local economy being in the uptrend in the whole world is presented. The range and forms of the councils' activity are analysed against the background of the new regulation of The People's Councils Act. The forms of planning granting the councils rights to independent local planning are indicated, it is resulting from the spirit of the new act revealing trends four parts. In the first one the range of local economy being in the uptrend in to increase the independence of councils. The second part brings a study of various forms of local incomes which are constantly, for many years being unsufficient to cover needs of the councils resulting from their tasks. Various taxes defined in the new act as local are estimated from the viewpoint of their fiscality and forms of their effectiveness on a taxpayer. Unfortunatelly in that matter the councils are not vested with too many rights to grant reductions, increases etc. as it remains in the competence of the Minister of Finances. Consequently the influence of the councils in the fiscal policies is slight. It is also indicated that the activities of local eterprises has to be extended in future, as when they are established as economically strong enterprises, they can bring economic and fiscal profits to the councils. The third part is devoted to the questions of equalizing incomes which became an indispensable element in the councils' financial system. The critical study concerns some of the equalizing income constructions recently introduced, especially in cases when the immediate forms of their granting take place, in the instance of fixed portions when the participation in the extra plan income is limited to the small sum of merely 1%, similarly not obtaining profits derived from portions below 1% is covered by the central budget. This cannot influence the councils' interest in reaching higher profits nor does it increase their responsibility for lower incomes. The final, fourth part presents various forms of financing joint tasks in form of funds, taking up joint and accompanying investments etc. what can aid and finance local tasks which are not .sufficiently covered in the councils' budgets. In the conclusion of that part the authoress postulate to extend, in the future reforms, the credit and loan forms of financingi what can prove to become more justified, in face of economizing the local economy, in comparison with the unreturnable financing which can be granted in the easy way.Item Kontrowersje wokół pełnomocników przedsiębiorstw państwowych(Wydział Prawa i Administracji UAM, 1985) Moskwa, LeopoldThe present article attempts at settling a question concerning sources of a legal status of attorney (agent) in the enterprise, character of a legal relation linking the enterprise with its employee in the situation when the latter performs external acts, forms of appointing an attorney and admissibility of appointing fully empowered attorneys in the enterprise. The sole sources of power of attorney in the enterprise are: declaration of will of a director and the statute (art. 97, 464 and 734 par. 2 of the Civil Code). Interpretation of art. 45 sec. 1 of The State Enterprise Act brings to the conclusion that the director is vested not only with a competence of granting power of attorney but also of selecting the attorney's person. The enterprise's employee is not authorised to perform external acts on a base of the director's mandate addressed to him within the scope of defined "internal" relation. The said employee can act only on a base of civil law power of attorney. Granting a power of attorney requires only an ordinary written form for its validity. Art. 45 sec. 2 of The State Enterprise Act is the special provision in relation to the Civil Code provisions which are voicing the principle of freedom of form (art. 73 et seq.) and to art. 99 par. 1 and 2 c.c. On the grounds of art. 45 sec. 3 of The State Enterprise Act I assume the admissibility of granteeng all the three types of power of attorney by the state enterprise. In particular it is permissible for the director to grant a general power of attorney.Item Miasta jako centralne ośrodki rynku w Polsce południowo-wschodniej(Wydział Prawa i Administracji UAM, 1985) Szromnik, AndrzejThe article is the discussion of the results of study of market spatial structure in the South-Eastern Poland in the cross-section of urban settlement units. The author adopts a premise that the structure is each time delimited by a system of spatial interactions between main centres of concentration of the socio-economic life. Identification of a hierarchical structure of cities on a base of main characteristics of developement of commercial activity became a leading trend in the studies. Utilisation of the "rank-size" rule to delimit hierarchicality of market centres structure was suggested on the background of the exhaustive statistical and cartographic description of the market area. On the ground of the classical rule of detail gravitation, the hypothetical areas of market influence of the voivodship cities of the South-Eastern Poland were delimited.Item Nekrologi RPEiS 47(3), 1985(Wydział Prawa i Administracji UAM, 1985)Item Odpowiedzialność karna za przestępstwa prasowe(Wydział Prawa i Administracji UAM, 1985) Dobosz, IzabelaThe Press Law Act of 26 Jan. 1984 (Dziennik Ustaw nr 5 sec. 24) came to force on 1 July 1984. The long awaited act regulates in an integrated way the legal issues in the aspect of mass media. There are also provisions introduced in the scope of responsibility for press offences. Although the notion of "press offences" is not defined in the new act, but a study of the regulation, especially of art. 53 sec. 1 indicates that two categories of offences are defined by the legislator under that notion: offences committed in press and the remaining, defined in the statutory provisions, although unnamed. The discussion is basically devoted to that second category of press offences, but the first one is also present on account of the analysis of two provisions of the Press Law (art. 41 and 42) modifying the present rules of criminal responsibility. The remaining penal provisions of the new Press Act (art. 43-49) are thoroughly studied in the article and estimated from the viewpoint of their practical application. It has to be therefore stated that a number of provisions is formulated unclearly and not precisely leaving too much room for free interpretations. Parts of the regulation are taking no account whatsoever of the reality of jurnalist's work. The analysis induces to formulation of numerous critical remarks. These are concerning both formal issues and a matter of the studied provisions. A considerable penalisation of the act is the most striking feature of the Press Law, it is on the one hand visible in a substantial number of press offences defined in the act (as many as eleven) and on the other in severe sanctions for those offences. In many cases those penalties seem to be in no proportion to the offences and sometimes they are of no avail. Except of one case all the offences are publicly persecuted. On the other hand the legislator did not see the need of introducing a legal sanction in cases of some provisions which are extremely significant from the social point of view.Item Odstępy inter genetyczne w przekrojowej analizie płodności(Wydział Prawa i Administracji UAM, 1985) Paradysz, JanReal birth intervals are traditionally examined only in the longitudinal approach and in the relation to cohorts and generations. Nevertheless it seems justified to make sometimes several queries:1) what is the time lag between the birth in a given calendar year a of a child of the p-sequence and the previous birth p— l, 2) how much time must pass between the birth p-sequence child na given calendar year a and the p+1 child born later. Such an exposition of the problem seems interesting from at least one point of view: a possibility of analysing the effect of various historical events, related closely to the defined time span, on the length of real birth intervals. Such historical events are war, economic crisis, epidemic of pest, new regulation of abortion. All those events can prolong or shorten the type 1 and 2 intervals in the succeeding calendar years. Currently, frome one year to another, only the type 1 intervals can be traced, while the calculation of the type 2 intervals takes theoretically approximately 30 years, untili the youngest of generations will complete its period of fertility. In practice that period can be substantially shortened. Those problems are not encountered in relation to the deceased populations reconstructed on the grounds of parish registers.Item Podział spółdzielni(Wydział Prawa i Administracji UAM, 1985) Stecki, LeopoldThe Polish cooperative law of 1982 introduces new institutions, among others it is a partition of the already existing cooperative. It can be performed in that manner that a new cooperative is created from the apportioned part of the existing one while the latter is acting from then on in a curtailed structure. Any cooperative can be divided unless it is in liquidation or in bankruptcy. The cooperative is divided subject to the will of at least two thirds of its members. Consequently the grounds for division are formed by the decision of the general meeting of the cooperative members taken by the majority of two thirds of votes. In course of the partition the new cooperative is being established. Its activity is regulated by the general rules of cooperative law. It is the new particular mode of forming a cooperative. Its main characteristic trait lies in the fact that the cooperative is constituted by members of other cooperative and such will can also be manifested by persons who are not becoming members of the cooperative being established in course of the division of existing one. The decision of general meeting made in case of the cooperatives partition must include: a) denomination of the cooperative being partitioned and the cooperative being formed in course of the partition, b) the list of members leaving the partitioned cooperative for the newly created one, c) approval of the balance- -sheet of the partitioned cooperative and a draft of distribution of property elements and d) a date of the cooperative's division. Provisions of the statute of cooperative formed in course of the partition cannot curtail the property rights of its members. The decision of the general meeting concerning the partition can be appealed against according to the general rules known in the cooperative law. A right to lay an action against such decision is granted to members of that cooperative and to managing board of the competent central union. Decisions of the meeting of members moving from the partitioned cooperative to the one formed in course of the partition can also be appealed against in court. A date of cooperative partition in a legal meaning is the date of entering that event in the register. If the records of partition and of establishing new cooperatives were entered by two courts at different time, then the date of registering the forming of new cooperative is decisive in the aspect the cooperatives partition. In the effect of the partition part of members of the previously existing cooperative moves to the newly created one. The property elements indicated in the „draft of distribution" are also moved for the new cooperative, they include mobilities and immobilities, technical equipement and means of production. By virtue of the law the new cooperative takes over the duties and rights of the previous one, mentioned in the „draft of distribution". It is a case of the cumamilative transfers of debts. Two cooperatives are joint and several liable for these debts. The cooperative created in course of the division takes over the employees as well. It enters into the legal relations effected by the labor contracts concluded between those employees and the cooperative which was partitioned.Item Pozycja i funkcje planistyczne dyrektora przedsiębiorstwa w warunkach reformy gospodarczej(Wydział Prawa i Administracji UAM, 1985) Dąbrowski, ZdzisławThe article attempts at defining position and planner functions of the State enterprise director which have to be better developed in the effect of the economic reform and in particular through the realization of its in-coming model postulates. The discussion is preceeded by the short characterization of new planistic conditioning of an enterprise formed by the radically changed — in relation to the traditional systematic solutions — shaping of the substance and structure of the plan, mode and procedure of its elaboration, integration of the enterprise plan with the central and local ones. Creating a wide ranging planistic independence (in both current and the long-run aspect) and a parametric mechanism of planistic activities, the economic reform calls for a replacement of a administrational and executive model of a director with the one of political and manager, i.e. the profound change in the role and the situation of the planner function of the director. Generally speaking, all mental processes and planner acts of the director concerning the short and the long-run activities of the enterprise can be reduced to the tree principal functions: namely inspiring, coordinating and supervising ones. The inspiring function is to occupy the central position among the other, while the remaining functions are the necessary supplement to the first one, yet they gain in their weight as the inspiring function becomes more exposed and autonomous. The planner position of the director should also be increased by granting the director the status of autonomous and strongly situated planning organ, which growing role is imposed on the system of relations: director — managing collective, workers' self-government and founding organs.Item Prawo kanoniczne a państwowy porządek prawny(Wydział Prawa i Administracji UAM, 1985) Pietrzak, MichałA question of position of canon law of the Catholic Church in the People's Poland constitutional law is discussed in the article. The theoretical and practical impact of that issue is effected by the role and function of the Catholic Church in social and political life of the country. The study concerning Polish matters is preceeded by the synthetic presentation of the system of relations between canon law and constitutional law observed in the system of connection of State and Church and in the system of separation of Church and State. This can ensure a better presentation of Polish aspects of the issue and facilitate explanation and understanding of discrepancies caused by it. The article dwells on a problem of legal grounds of legislative autonomy of the Catholic Church in the People's Poland. It is derived by the author from the constitutionally guaranteed freedom of performing religious functions and from the principle of separation of State and Church. The author focuses on the character and scope of the autonomy. He discusses a question whether the said autonomy is of an original character — independent from acts of State or is it of a derivative character effected by the positive acts of State. The conflicts between Church and State authorities on delimiting the autonomy of the Catholic Church are also presented. Much attention is being paid by the author to explaining a problem of effectiveness of norms of canon law in the public legal order. A principle of the interindependenee of canon and public law norms is precised on the grounds of practical examples. At the same time the author indicates at the importance of knowledge of canon norms for legislative organs regulating the legal situation of the Catholic Church and also deciding issues of citizens' duties.Item Przegląd piśmiennictwa RPEiS 47(3), 1985(Wydział Prawa i Administracji UAM, 1985)Item Rozwód: wyzwanie wobec norm społecznych?(Wydział Prawa i Administracji UAM, 1985) Kryczka, PiotrThe author tries to answer the query whether divorce is a challenge against social norms guarding the stability and indissolubility of marriage. The full and explicit answer can not be offered on account of the lack of complex research in that subject in Poland, particularly there have been no opinion polls on divorce and divorcees. The secondary analysis of the previous research and statistical data still shows the interesting trends in that field. Firstly, it can be indicated that a local control, especially in rural communities is still existing, persons making the divorce decisions must take account of it. It seems to be manifested in the relatively low divorce index in Poland (on the level of 1,1-1,2 per thousand inhabitants), and particularly in villages (0,4). Other tendencies observed are trends to isolate onself and be isolated in course of fostering marriage conflicts, accompanying propensity to create acquaintance and comrade circles constituted of divorced persons, making divorce decisions without consulting them in the closest circles, methods of rationalizing divorce decisions, the mostly quoted motives are unfaithfulness and alcoholism of the spouse, a large proportion of the divorced is taking part in religious practices (63% males and 82% females), majority of women is not concluding the second matrimony, number of suicised is fourth times higher among the divorced ete. At the same time though some symptoms can be observed indicating thai those norms started to be broken. It can be proved by the relatively high dynamics of the divorce increase in Poland (the index has risen 3-times for the last 3© years, in relation to 1950), the indexes for the big cities are 6- times higher in relation to the indexes in villages, a number of women bringing a divorce action tends to increase, too large a number of divorces among persons who received the scientific degree or gratifying the divorcees in the past with possibilities of a promotion to higher office.Item Samorząd mieszkańców w obliczu wydarzeń z lat 1980 - 1983 w opiniach działaczy osiedlowych(Wydział Prawa i Administracji UAM, 1985) Łajko, ElżbietaIn September 1983 the Group from the Faculty of Law and Administration of the University of Warsaw carried out the research on transformations in activities of residents self-government, realized within the scope of PR-5 governmental program. The research was conducted in form of panel studies. Those were repeated in the area of two housing estates (out of ten included in the previous 1977 program). We assumed that the socio political events in Poland which vividly affected individuals, social groups and the whole nation wold influence the process of experience cummulation related to the self-government in the place of residence. The analysis of statements of activists of organs of residents' selfgovernment suggests a conclusion that the post-August period of renewal became the beginning of the end of self-government in the form of the 70-ties. Structures of power previously aiding and stimulating those organs were shaken. The activists were paralysed with fear of the necessity of taking a political stand in the new situation. Animosities, and mutual accusations among activists were increasing. The self-government came under pressure of mass attacks and fostered demands of the residents who wanted to have their rights respected in the sphere of decision-making in matters of their residence location. The self-government organs were not able to get re-oriented to articulate postulates and needs arising from the ranks and to formulate them in form of definite programs of activities. The staff of self-government organs was not open to accept such social values as openess of public life, making use of mechanisms of social control, realization of the principle of government by the people. Introduction of Marshall Law in Poland resulted in a total confusion as to a possible suspension of self-government activities. Some activists openly refused to cooperate with the self government or their participation ceased. Those who remained sometimes were only obliged to it by other functions (Militiamen, voluntary reserves of the militia). The housing estates were visited by military patrols, army operational groups, commeetees of OKON and PRON whose methods were based on different principles to those adopted by the activists. The self-government organs were subordinated to those new bodies and treated it as an opportunity to regain their lost prestige Suspension and then recalling of Marshall Law in the light of empirical examination could hardly foster any more optimistic perspectives awaiting the self-government. It is presently going through difficulties resulting from a permanent lack of residents' support, reduction of staff, etc. The so called "normalization of the situation" is presently understood by the activists as the return to self-government bureaucracy or to disgraced methods of simulated activities of self-government. The events of the years 1980 - -1983 are treated as transitional episodes which could only briefly throw the activists off their balance. For they are often characterized by conservatism, backward attitudes and the narrow perspectives of viewing the estate problems with separation from the spirits manifested in the events of recenty years.Item Socjologiczna charakterystyka grupy nieformalnej(Wydział Prawa i Administracji UAM, 1985) Krężlewski, JerzyThe article attempts at presentation of the sociological characteristics of an informal group based on a different concept of understanding groups of that type. The first part of the work presents a general theoretical outline of the social group and is intended to prepare a reader to detailed discussion of the informal group. The second part contains the author's proposition of understanding the notion of "informal group". He maintains that informal groups functioning e.g. in the workplace have to be treated as a common type of a social group which relation to the formal structure and formal organisation requirements becomes a trait facilitating the location of that social group in reality of the defined organisation and not a trait of the exceptional or pejorative character. Not all groups — in the author's opinion — constituted beyond the structure or formal organisation of the workplace become informal groups, for the character of that informality is decisive. Groups constituted beyond the structure or formal organisation can be divided in the following way: 1) non formalized groups — these are sets of persons acting on a base of rules which were formalised by noone, as there was no need of formalizing of all spheres of reality in the given organisation e.g. the workplace. These groups are in no relation to formal provisions. They are not to be considered as a counterproposal to other formal group as there are neither rules nor formal groups related to their activities. Their character is not linked with formal organisation and its material goals, remaining directly indifferent to it. The example of non formalized group is a set of persons of common interests of the hobby type meeting in the recreation room or in the workplace cafeteria during intervals. 2) informal groups are the ones not provided by the organisation and remaining in a defined relation which is substantial for the formal organisation. In its activity they break or omit requirements of the formal organisation. They form a sort of "opposition" to the formally existing groups constitutiong the so-called real organisation of the workplace. Their activity has an immediate effect on material tasks and goals of the organisation, it can facilitate, hinder or bar their realisation. In further remarks the author characterises the informal group taking the following criteria under consideration: stability of a group, number of members, goals, rules of meimbers' recruitement, structure and leadership, character of membership, etc. The article is concluded with the discussion utilising the typology of social groups by L. R. Sayels to define differences between informal circles and informal groups.Item Spis treści RPEiS 47(3), 1985(Wydział Prawa i Administracji UAM, 1985)Item Społeczno-ekonomiczne aspekty pracy zawodowej matek w okresie rozwoju rodziny(Wydział Prawa i Administracji UAM, 1985) Szuman, AlicjaThe present work attempts at establishing and systematizing social and economic profits and costs related to the professional engagement of mothers in the period of their family development. Taking up the paid work mothers are increasing the actual family income. Yet apart the favorable financial effect for the family, the paid work of mothers is accompanied by material costs incurrecj by the household (expenses for a child-care during the work period, commuting time, necessity of additional care for the physical appearance of mothers and their children, satisfying the own increased cultural needs, additional expenses for the household managing) and by the social losses which can not be measured in pecuniary categories although they are incurred by the family and the Whole society (extensive burdening of working mothers with professional and family duties results in drawbacks in fulfilling their procreational, care and educational functions, accelerates the process of family disintegration, negatively affects the health of mothers and their children). Professional engagement of mothers creates numerous conflicts and problems which must be overcome; it is the basic task of the social policies of the State.Item Spółki handlu zagranicznego — próba oceny w świetle założeń reformy gospodarczej(Wydział Prawa i Administracji UAM, 1985) Zalewski, LeszekThe article is another attempt at discussing controversies concerning the fact of establishing and the legal structure of associations of capital in the Polish foreign trade. According to a circumstance that the State Treasury represented by the Minister of Foreign Trade owns at least 51°/o of shares in every company, it can be advocated that The State Enterprise Act can not be a base for constituting those companies. The controlling interest of the State Treasury effects that rules of functioning of those companies are to a large extent departing from basic regulation of the economic reform (principles of independence — self containment — of economic subjects, of forms and the scope of supervision excercised by the founding organs). De lege lata they can be established according to the rules of law only on the grounds of Commercial Code provisions. On account of incompatibility of a legal structure of the discussed companies with the essential principles of the economic reform, the assessment of rules and effects of their activity has to be performed and the advisability of stautory elimination of the indicated inconsistencies must be considered.Item Status procesowy rodziców i opiekunów w postępowaniu w sprawach nieletnich(Wydział Prawa i Administracji UAM, 1985) Daszkiewicz, WiesławThe 1928 law of criminal procedure previously regulating proceedings in cases of juveniles did not clearly define the judicial status of parents and guardians in that proceedings. The scope of rights of those persons was considered to be narrow. They were supposed to be summoned before a court, provided that the service of the documents was not creating particular difficulties. Yet, the court was entitled to demand the obligatory appearance at the hearing, in case of evading that obligation coercive measures provided for witnesses were applied. At the trial, those persons wese vested with the right to make statements and motions. The new act of Oct, 26, 1982 bestowed those persons with the status of litigant parties and extended their rights in a considerable way. The rights of parents and guardians as parties in litigation are autonomous, resulting from the fact of a defined consanguinity or from excercising a guardianship upon a juvenile, established judicially or existing factually. They are not resulting from the statutory representation of a juvenile. Parents and guardians as the litigant parties act in their own name and not in the name of a juvenile, they do not also have to act on his behalf although they usually do so, the results of their acts do not have to concern a juvenile, as parents and guardians can act in the proceedings in their own favor. It is a different question that usually there is a commutation observed m the roles of a litigant party and a statutory representative of a juvenile whose case is under trial.Applying new judicial provisions is not simple though, as the judicial status of parents and guardiand as the litigant parties is presently determined by the three normative acts. Apart of the mentioned act of 1982 on proceedings in cases of juveniles the regulations provided in Codes of Civil and Criminal Procedure has also to be applied. Provisions of civil law procedure of nonlitigious mode are employed in case of examination and clarification proceedings, in guardian's and educational proceedings, in cases of applying medical and educational measures and partly in appeal proceedings. But if the evidence taking acts are performed by the Citizens' Militia provisions of Code of Criminal Procedure must be applied then, irrespectively of the stage and mode of the proceedings. Provisions of that Code also apply in reformatory proceedings and partly in appeal proceedings if the decision of reformatory measure is being appealed against or if the appeal demands applying that measure, as well as in criminal proceedings when it is conducted against a juvenile on exceptional bases in cases defined in the act. The detailed discussion of the scope of rights and obligations of parents and guardians in the proceedings in cases of juveniles as well as various complexities observed in the new regulation can be found in the published article. The author discusses, among the other things, the acceptable direction of parents' and guardians' acts in the proceedings in cases of juveniles, concurrence with the status of injured party, measures to be applied directly to the parents as eg. imposition of a duty to redress the damage, caused by a juvenile, burdening with costs of the proceedings, etcItem Wpływ działalności przedsiębiorstw na stan rynku dóbr konsumpcyjnych(Wydział Prawa i Administracji UAM, 1985) Sołtysiak, JanStrategies of the trade enterprises' activities in the old economic and fiscal system were dominated by the resultant effects of the economic units producing consumption goods. Trade, distributing products among the consumers, generated ineffectiveness relations independent from producers by its own actions. That process was clearly manifested in the mechanism of self inducing and self consolidation of market disequilibrium. The trade apparatus was interested in realization of economic targets allowing maximization of employees' incomes and not improving effectiveness relations. At the same time profits, costs and marigin were adjusted in order to fufill directively fixed economic tasks. Introduction of new economic principles into our economy was intended to increase its effectiveness. In trade business the effects of the new system were to improve market supplies, service of customers and to influence radically the sphere of production. Yet it is apparent that new rules resulting from the existing system solutions are continuing to induce ineffectiveness reactions in trade. The trade apparatus is not interested in profits as a measure of economic effectiveness. The main subject of interest in the goods turn-over sphere is the maximization of income per one employee. No interest is revealed in the structure of sales and in the overall offer directed to the market with the account taken for consumer's interest. The latter is burdened with all consequences of ineffectiveness in the sphere of production and of trade.