Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 3
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Item EKONOMETRYCZNE MODELE PRZESTĘPCZOŚCI(Wydział Prawa i Administracji UAM, 2003) Sztaudynger, J. Jacek; Sztaudynger, MarcinThis paper analyzes economic factors of criminal activity, some prominence is also given to certain legal and sociological aspects. The presented results to a large extent conform to the model created by P. Fajzynbler, D. Lederman and H. Loayza. The phenomenon of criminal activity can be precisely described in a formalized, model-like manner. Empirical verification of the model indicates that criminal activity is to a large extent motivated by economic factors and can be explained in terms of decisions based on the analysis of costs and profits to be derived from criminal actions. Therefore, the phenomenon of criminal activity is not merely an outcome of low moral standards of individual persons from the dregs of the society. This statement has been verified by the data not only from Poland but also other countries. However, it is not to provide a ready-made excuse for criminal activity but rather a hint for the national policy makers showing how to eliminate the broadly understood “chances” The verification of the model displays to what extent criminal activity can be reduced while improving the law enforcement rate. The research also indicates that the focus on economic growth, bridging the income gap, decreasing alcohol consumption and reduction of unemployment can to a large extent counteract the persistence of criminal activity. It should be not that in Poland criminal activity is tightly interconnected with unemployment. One percentage point higher in the unemployment rate has caused the increase in the criminal activity rate by as much as 2.8%. This figure serves as yet another case for fighting unemployment. The level of income earned by the population can impact the criminal activity rate either negatively or positively. By 1900 the beneficial negative impact prevailed, however after 1990 the income rate has been stimulating criminal activity, which goes on to prove that system transformation has come at a price.Item ETYKA ZAWODOWA MAKLERÓW PAPIERÓW WARTOŚCIOWYCH I DORADCÓW INWESTYCYJNYCH(Wydział Prawa i Administracji UAM, 2003) Bartkowiak, MarcinThe paper examines the professional code of conduct of brokers and investment consultants. The author specifies the notion of profession and professional code of conduct, goes on to name arguments for and against setting up codes of conduct and describes circumstances under which they can be set up. The last part of the paper deals with the code of professional conduct of the concerned professional groups in Poland and legal regulations as well as statistics on infringement of these regulations.Item Herberta Spencera teoria zróżnicowania społecznego(RUCH PRAWNICZY, EKONOMICZNY I SOCJOLOGICZNY, 2003) Kaczmarek, KamilThe paper analyses main aspects of social differentiation as viewed by Herbert Spencer. Spencer's understanding of social class is dynamie: firstly, he views society as composed of two main classes: sustaining and regulating. Subsequent integration of societies into larger ones initiates arising new classes and social institutions as a rcsult of differentiation of functions and structures. Each of organically related sets of classes is called a system by Spencer. Therefore, the number and complexity of classes inereases along with the development of social organization and structure. Spencer's concept is also three-dimensional: one can distinguish three streams of class analysis in his works, namely functional, gradual and antagonistic. The most important one here is functional. Each system performs different functions: regulative, operative, distributive, etc. Those functions determine the character of its classes. Spencer uses the term class also to denote functionalities of cultural and religious institutions. Their function is to augment life and to subserue needs related to religious sentiments and ideas. Classes in each system are ordered in a gradual manner, according to their role in the system. The concept of class-bias di vi des social systems into two targe classes of different and oflen antagonistic social interests: employer and employee, ruler and subject, etc.Item INSTYTUCJA OSZACOWANIA PODSTAWY OPODATKOWANIA NA GRUNCIE PRZEPISÓW ORDYNACJI PODATKOWEJ(Wydział Prawa i Administracji UAM, 2003) Sowiński, RyszardThe article examines the issue of tax base estimation, crucial from the theoretical standpoint as well as for practicalities of tax law application. The paper focuses on the analysis of legal regulations adopted in the Tax Law, unfolding the legal origin of the current provisions and explaining the grounds and reasons for their application. The author presents literature on the subject of tax base estimation relying on the decision of the Supreme Administrative Court, explains the methods used in tax base estimation and assesses the legitimacy of introduction of tax base estimation institution to the Polish tax system. The author argues that the rule of definability of legal regulations requires clear-cut rules on taxation. On the other hand, imposing rigid norms concerning tax base estimation on tax institutions is difficult to accept. The complex nature of economic processes calls for some freedom in decision-making by tax institutions since only then can the rule o f material truth be truly implemented.Item KARTELE EKSPORTOWE W ŚWIETLE PRAWA OCHRONY KONKURENCJI(Wydział Prawa i Administracji UAM, 2003) Molski, RajmundThe term export cartels denotes agreements between companies operating in the same industry which aim at restricting (or even eliminating) mutual competition in export of the goods (or services) offered on one or more foreign markets. Such dealings are coordinated between independent companies and replace their unconstrained decisions on export of goods or services to foreign markets with an arrangements on prices, production volume or other business parameters. Not all cooperation agreements between exporters can be deemed to involve export cartel definition. Furthermore, not all export cartels are detrimental per se or even from the standpoint of importing country. Increased productivity and competition-friendly impact on the export in the source country may also prove beneficial for the consumers of the importing country. This is notably true of the cartels of innovative character that aim at research and development cooperation (R&D cartels). However some forms of cartelizing, both domestic and exporting, bring about particularly negative consequences for the operation of markets (the so-called „hardcore cartels”). The paper examines different forms of the various cartels, presents their typology and analyzes their activities worldwide, providing examples of their operations on the world market. It also explains the rationale behind their establishment and consequences of their operation from the standpoint of competition regulations.Item NEKROLOGI PROF. DR HAB. PIOTR BUCZKOWSKI (1950 - 2003)(Wydział Prawa i Administracji UAM, 2003) Matczak, PiotrItem NIEZAWIADOMIENIE O WYPADKU PRZY PRACY LUB CHOROBIE ZAWODOWEJ (PRZESTĘPSTWO Z ART. 221 K.K.)(Wydział Prawa i Administracji UAM, 2003) Jachimowicz, MarcinThe crime described under Article 221 of the Criminal Code has been introduced to the Polish Criminal Law for the first time by the Criminal Code of 1997. Before that, this act was prosecuted under Article 283 § 6 section 6 of the Labor Code. This crime primarily covers failure to notify the relevant institution of a mishap at workplace or professional illness, or failure to submit appropriate documentation of such event. The paper begins with the analysis of the rights protected under Article 221 of the C.C. (right of employee to safe and hygienic work environment), crime subject (person obliged to notify of a mishap or illness and to prepare the necessary documentation) then proceeds to the analysis of willful character of the crime (direct or conceivable) and the analysis of the definition of mishap at workplace as provided by the Polish Law. The author also focuses on the issue of professional illness, providing a full list of such illnesses and details a procedure of notification of their occurrence. The paper ends with the description of the consequences of failure to prepare the necessary documentation of a mishap at workplace (determination of causes protocol) or professional illness and the description of regulations that govern the notification procedure.Item POWRÓT DZIECKA DO RODZINY BĄDŹ FAKULTATYWNE POZBAWIENIE WŁADZY RODZICIELSKIEJ(Wydział Prawa i Administracji UAM, 2003) Sokołowski, TomaszThe institution of facultative deprivation of parental authority makes the court intervention conditional on the assistance provided to families living in severe conditions and whether such assistance has been duly used by the parents. The assistance provided pursuant to the new Article 109 § 4 of the Family and Custody Code by the county (powiat) centre for assistance to families is obligatory and has been designed to facilitate the return of a child to his or her natural family. In the event that the pathology persists irrespective of the assistance provided, the child will remain with the foster family or custodial institution and the parents will their parental authority restricted. However, if the welfare of the child requires so, facultative deprivation of parental authority can also be applied following the provisions of the new Article 111 § la of the Family and Custody Code. It is based on the conjunction of two grounds: firstly, „provision of due assistance” and secondly, the persistence of state of affairs in the family that formed the basis for the provision of the assistance under Article 109 § 2, clause 2 of the Family and Custody Code. Furthermore, the new provision under Article 579 of the Civil Procedure Code requires that the court periodically monitor the situation of the child and, in isolated cases, initiate the procedure for deprivation of parental authority. However, the initiation of such procedure does not necessarily entail actual deprivation.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Raciniewska, AlicjaObraz Polski i Polaków w Europie, pod red. Leny Kolarskiej-Bobińskiej, ISP, Warszawa 2003, ss. 344.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Świątkiewicz, WojciechZbigniew Tyszka, Rodzina we współczesnym świecie, Wydwanictwo Naukowe UAM, Seria Socjologiczna nr 31, Poznań 2002.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Budzianowski, RomanAlberto Germano, Eva Rook Basile, La disciplina comunitaria ed internazionale del mercato dei prodotti agricoli, G. Giappichelli Editore, Torino 2002, ss. 335.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Żabińska, JoannaRynek papierów wartościowych w Polsce - wybrane problemy, pod red. Wiesławy Przybylskiej- Kapuścińskiej, Wydawnictwo AE w Poznaniu, Poznań 2002, ss. 310.Item PRZEPISY WYMUSZAJĄCE SWOJE ZASTOSOWANIE W POLSKIM PRAWIE KONSUMENCKIM(Wydział Prawa i Administracji UAM, 2003) Mataczyński, MaciejThis article deals with the issue of mandatory rules in consumer law. Mandatory rules are those rules of national legal order that are applied to contractual relationships irrespective of the law applicable, as a result of choice of law or indication of connecting factor (also known as lois d’application immediate or Eingriffsnormen). Consumer law is on of the areas of private law where process of harmonization of the Polish law with the EU law is the most advanced. The article contains a survey of Polish laws implementing EU directives on imposed terms in consumer contracts, product liability, consumer credit, contracts concluded outside business premises and distance contracts. The paper examines the way in which the Polish legislator treats mandatory rules. The author includes several specific remarks concerning particular consumer law institutions. In the summary, the author notes certain incoherence between EU directives and their Polish implementation.Item RYZYKO PRZYPADKOWEJ UTRATY LUB USZKODZENIA TOWARÓW SPRZEDAWANYCH W TRAKCIE PRZEWOZU DROGĄ MORSKĄ(Wydział Prawa i Administracji UAM, 2003) Filipiak, AnnaA substantial period of time often passes between entering into a sales agreement and its execution. During this period goods can be shipped, stored or be under other circumstances that render impossible proper control over them by both vendor and buyer and at the same time increase the risk of accidental loss of or damage to the goods. The risk of accidental loss or damage entails encumbering one of the parties to the agreement with negative consequences of such events. From the standpoint of the buyer, such ramifications amount to the obligation to pay, whether or not the goods have been damaged or lost and the possibility of demanding the fulfillment of mutual obligations from the vendor could not be exercised. The determination of share in the risk of accidental loss or damage of goods is a difficult task due to conflict of interest existing between the parties. The objective of the vendor is to transfer the risk as soon as possible while the buyer is eager to accept the risk as late as possible. This issue becomes crucial for goods that are shipped by sea (the so-called „goods at sea” since sea shipment in most cases takes place over long distances. The traditional stance says that the transfer of risk occurs at the moment of entering into an agreement, transfer of ownership, transfer of physical control over merchandise and also at the point when the vendor has fulfilled all contractual obligations. In terms of „goods at sea”, new solutions are being explored, guided by the rule that the party that can obtain cheaper insurance against loss or damage of merchandise and is able to be paid effectively and without unnecessary delay for the loss or damage by the insurer and shipping company as well as wield better control over the merchandise during shipment, should be obliged to be encumbered with the risk. Article 68 of CISG provides for special rules on the transfer of risk of loss or damage of the goods during shipment. The lack of a corresponding regulation in the Polish law should be compensated for by an appropriate interpretation of Articles 544 and 548 of the Civil Code.Item Spis treści(Wydział Prawa i Administracji UAM, 2003)Item SPRAWOZDANIA I INFORMACJE. JUBILEUSZ OSIEMDZIESIĄTYCH URODZIN PROFESORA WACŁAWA WILCZYŃSKIEGO(Wydział Prawa i Administracji UAM, 2003) Ratajczak, Marek; Mendys-Lamenta, LucynaItem SPRAWOZDANIA I INFORMACJE. JUBILEUSZ SIEDEMDZIESIĘCIOLECIA URODZIN I CZTERDZIESTOPIĘCIOLECIA PRACY NAUKOWEJ PROF. ZW. DR. HAB. WOJCIECHA ŻELISŁAWA ŁĄCZKOWSKIEGO(Wydział Prawa i Administracji UAM, 2003) Sowiński, RyszardItem SWOBODA ŚWIADCZENIA USŁUG W UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2003) Strzelbicki, MichałFreedom to render services, freedom of movement of goods and employees, freedom of business activity, free flow of capital and payments are the key freedoms constituting the framework of the European Union. This paper presents the freedom of rendering services viewed from the standpoint of scope of entities (categories of entities that can enjoy this freedom), subject of the freedom (range of rights enshrined in this freedom) and rules on the basis of which an entity that falls within the scope of entities enjoying this freedom and conducting activities that are categorized under the subject scope of the freedom to render services should be treated. The paper also presents the essence of the freedom to render services, ways and means of its restriction and examines the freedom to establish business entities. The author also examines the regulations concerning rendering of services that are included in the European Treaty, focusing on the consequences of Poland’s accession to the European Union in terms of cross-border rendering of services by Polish citizens and businesses.Item „UNIWERSALNE WARTOŚCI” A REGIONALNE DOŚWIADCZENIA (EUROPA ŚRODKOWA WOBEC WSPÓŁCZESNYCH DEBAT O WARTOŚCIACH I CELACH ROZWOJU)(Wydział Prawa i Administracji UAM, 2003) Ziółkowski, MarekThe paper discusses the role and diffusion mechanisms of Western values and development ideals which propagate in Central Europe as the axiological basis of the „imitative modernization” of the societies in the region. Some of those Western values seem to have been „Hellenized”, i.e. accepted because of their inherent qualities but others have been mostly culturally imposed by the worldwide power of their carriers. While the democratic values in the political sphere seem to be Hellenized, the ideals of both economic order (market vs. state intervention) and cultural order (individual choice and tolerance for alternative life-styles vs. tradition and community) are a subject of heated debate. The West views liberty as the most important value and panacea for social problems, Central Europeans would rather like to have a better equilibrium of liberty, equality and fraternity (or communitarian solidarity).Item ZAGRANICZNE INWESTYCJE BEZPOŚREDNIE W PERSPEKTYWIE PRZYSTĄPIENIA POLSKI DO UNII EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 2003) Czerwieniec, EugeniuszTightening integration of Poland and the European Union states is evidenced also by the adopted legal regulations concerning the freedom of capital flow. The changes in the Polish legislation translate into more investor-friendly atmosphere that promotes more active, mutual investment activity of both entities based in the Union states as well as Polish businesses. Taking a closer look at the changes in the scale, pace and directions of mutual direct investment, presented in the paper, as well as based on the investors’ opinions, it can be argued that the prospect of the Poland’s accession to the Community becomes an ever more important factor stimulating foreign investors to select our country as the destination of their investment resources and also stimulates Polish investors to use investment opportunities in the European Union. Although Poland currently seems less attractive in terms of investment, the opinions of many foreign investors pinpoint an array of positive aspects that enhance the attractiveness of the Polish economy. Furthermore, many of the factors deterring investors from allocating their resources in Poland is bound to lose importance upon accession of our country to the European Union. This situation provides solid grounds for hoping that the inflow of foreign capital to Poland will be substantial after we have obtained full membership. It can be expected that Polish businesses will also be more active players on the market of intra-Community direct investment.