Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1998, nr 3-4
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Item BANKOWY SEKTOR SPÓŁDZIELCZY WCZORAJ I DZIŚ(Wydział Prawa i Administracji UAM, 1998) Mikołajczak, RyszardThe aim of the article is to attempt to determine a role of co-operative banking sector in the past as well as in the present day. When realising the above defined aim the Author took into consideration respective traditions in all three parts of the divided Poland (1795 - 1918), e.i. Prussian, Austrian and Russian on one hand and, on another, he has presented the essentials of restructuring processes within co-operative banking during the present period. The article comprises three parts and conclusions formulated in its final chapter. Part one of the article describes some chosen development features of co-operative banking throughout the country. Second part concentrates on present transformations within this sector. Problems discussed here take into account not only legal basis for restructuring processes but also financial condition of these institutions. This part is richly illustrated with numeral data displayed in many tabels the source of which is directly the Polish National Bank. Part three is devoted to considerations in relation with the future of co-operative banking group. Here, the Author has presented, among others, possible variants of stronger capitalisation and privatisation of the Bank of Catering Branch of Economy S.A. In summing up the article the conclusions have been gathered in what concerns main issues discussed that are of bigger importance for the present and the future condition of this banking sector in our country.Item BEZPIECZEŃSTWO IMPREZ MASOWYCH (uwagi na tle ustawy z dnia 22 sierpnia 1997 roku)(Wydział Prawa i Administracji UAM, 1998) Tarnawski, Maciej; Tarnawski, ArturThe Authors discuss the law on security of mass events. This law determines: 1) necessary conditions for security of mass events, 2) procedure of granting licences for such events, 3) bases for responsibility of organizers of such events and of their attendants in case of a violence of the provisions of the law. The Authors discuss also dispositions of the law on police from 1990 which are complimentary to the law cited above. Some propositions de lege ferenda are also formulated, among others - especially concerning responsibility of the police and other subsidiary guards for irregular or illegal (conf. de lege lata) interventions during disturbed mass events, more particularly in sports.Item CYKLICZNOŚĆ W TEORIACH LUDNOŚCIOWYCH(Wydział Prawa i Administracji UAM, 1998) Szuman, AlicjaSome characteristic concepts attempting to explain a mechanism of demographic transformations were presented in the article. All of them have exponed the phemomenon of periodicity as a determinant of population development. Changes in numeral level of population have been explained with wars or pests (G. Bouthoul, W. Able, E. Rosset, A. Lòsch), detections were also made to find out in demography pre-causes of some social phenomenons (J. C. Russel), and some other conceptions are grown on the groundwork of biological ideas (C. Gini, R. Pearl). The attempts made up to the present to find out some regularity of population increase depending on successive phases of development of this process have all failed. Theories were built on a basis of concrete sources of materials which were incomplete as a rule and, above all, incomparable and, as such, it led to distorted results. Fluctuations within the process of population reproduction had therefore various forms. No one from the theories appealing to periodicity does explain mechanism that generates increase in the population number.Item CZYNNIK EKONOMICZNY WE WSPÓŁCZESNYCH KONCEPCJACH LUDNOŚCIOWYCH(Wydział Prawa i Administracji UAM, 1998) Chromińska, MariaThe article gives a review of conceptions related to the importance of economic factor as a stimulator for population growth - on two planes: macro- and micro-social. In case of social macro-structures the economic factor is considered within the framework of the so-called welfare theory. Theoricians of welfare adopted different standpoints towards demographic factor. Starting from classics of political economy up to neo-classics, e.i. from A. Smith to A. Marshall - the populations theory was thoroughly submitted to the economy. The article has presented synthetic conceptions of populations in context of economic factor the authors of which were T. R. Malthus, J. S. Mill, A. C. Pigou, A. Marshall, J. M Keynes’ K. Marx. The attention was also drawn to representatives of the so-called new economy of welfare: N. Kaldor, M. W. Rader, J. R. Hicks, T. Scitovsky, J. Little, A. Bergson, A. Lemer. It comes out of the research that further development of economy went towards development of the theories of growth. Demographic factor in most growth models is approached exogenically (e.g. models by E. D. Domar, R. F. Harrod, J. Von Neumann, M. Kalecki, J. M. Keynes, W. W. Leontiew). In forming conceptions on micro-social plane two scientific disciplines - sociology and economy - have marked their importance. First trend was built on a ground of the theory of economy and especially - of the theory of a consumer’s behaviour. Foundations of demographic ecnonomic conceptions were presented and their main representatives were: H. Leibenstein, G. S. Becker and R. A. Easterlin. As far as the second trend of conceptual research is concerned - the one of sociological background - the attention was drawn to conceptions of intermediating variables by K. Davies - J. Blacke, J. Bongaarts, R. Freedman and also - to the theory of declined fertility by J. Caldwell. After the review - presented in the article - o f conceptions met in contemporary social sciences one can be oriented in main directions of scientific research. Macro-economic approach was determined by theories of welfare. And then conceptions built on micro-social plane have a character of hypotheses rather very theoretical and speculative. The role of economic factor played in procreative decisions was proved, together with its imminent effect and - above all - indirect influence through other factors.Item EFEKTYWNOŚĆ OPERACYJNA BANKÓW W POLSCE W LATACH 1994 - 1996 (Na przykładzie dziewięciu banków wyodrębnionych z NBP)(Wydział Prawa i Administracji UAM, 1998) Kowalski, Tadeusz; Staniszewska, DanutaThe aim of the article is to analyse operational efficiency of nine commercial banks separated from the National Bank of Poland in 1989. The background of this analysis is a presentation and evaluation of principal institutional and economic factors that do influence the banking sector. The notion of operational efficiency of this sector can be defined as an ability of banks to operate effectively their current activities under market circumstances and competition. Operational efficiency during macro-economic transformation depends heavily on external factors particularly, institutional ones. The impact of these factors stems from the need to implement deep changes in qualitative policy changes in economic structure and in the role of public sector borrowing requirement. The latter is still very important thanks to the underdevelopment of financial intermediation and shallow money market in Poland. The work has two parties. The first part presents a discussion and an analysis of institutional and economic conditions prevailing around the banking sector in Poland during early stage transformation. Knowledge of these condition is necessary to understand and then interprete changes occurring in operational efficiency of banks. Most new legal regulations in banking sector have been introduced between 1989 and 1994. The Authors have assumed that quantitative analysis of operational efficiency in 1989 -1993 would be neovily biased by frequent, major changes of banks’ institutional environment. This analysis has been done for relatively homogenous group of nine banks created in 1989 on the basis of regional branches of the National Bank of Poland. Second part of the paper was devoted to presentation of the results of quantitative analysis of operational efficiency in the group of the nine banks. Examination of effectiveness was done using generalized DuPont method and a matrix approach.Item EKONOMICZNE SKUTKI I METODY OGRANICZANIA BEZROBOCIA(Wydział Prawa i Administracji UAM, 1998) Cieślukowski, MaciejPositive as well as negative economic effects of unemployment and methods o f reduction o f it are presented in the article. Positive consequences of unemployment are first of all due to transient and short-time form of it and all profits come mainly to the employers. Since it is a fact that under unemployment the employees’ postulates for increased wages do diminish, a competition among workers grows up and the mobility of the man power gets bigger. Transient unemployment makes a reserve of labour potential which does increase the employers’ freedom of action. Negative consequences are produced first of all by long-term unemployment. It contributes, among others, to an increase in public expenses for social services for unemployed, to a reduction of budget income as a result of reduced income of the unemployed and further - to a drop of NBP (the State revenue) and to a development of the “gray zone”. Economic methods play fundamental role in fighting the unemployment; they are: defensive, immediately offensive and indirectly offensive. Offensive instruments that do create new places of employment should be of most important role in the policy of counteracting the unemployment. But also methods of relieving the effects of unemployment with allowances and acccessibility of social services should nevertheless be applied.Item FUNKCJA FISKALNA PODATKÓW W POLSCE W LATACH DZIEWIĘĆDZIESIĄTYCH(Wydział Prawa i Administracji UAM, 1998) Kurowski, WojciechThe system transformation in Poland had the effect of changing the structure of the State income towards increasing the importance o f taxes what was a result of limiting State property in the national economy as well as of abandoning central regulation of prices and salaries. But independently on change in property matters and, consequently, on the increased importance of instruments of income collecting within market economy - the “philosophy” of taxes itself is also changing. The point is that the aims of taxes are shifting and - first of all - their hierarchy. If within the framework of centrally planned economy the fiscal function of taxes was a problem of secondary importance - it becomes of fundamental importance within market economy. This difference does involve essential consequences for the shape of taxes system and particular types of taxes. The present elaboration relates to the decade of 90-ties and is an attempt to evaluate realisation o f the task of taxes - namely, to assure relatively high income level for the State budget. This task is just expressed in fiscal function of taxes. The object of considerations is the structure of fiscal income in the State budget in Poland. An attempt to analyse charge for the population resulting from income tax for individuals was also undertaken. Because of the limited size of the article only charges for the income of the population with income tax for individuals as paid in accordance with general rules were submitted to the analysis. So the article does not treat problems of charges resulting from paying such a tax in form of a global sum. The stress laid on tax charges for the population results from the fact that this problem is the most perceptible and becomes therefore an object of heated debates by specialist and among ordinary tax-payers. In final part of the paper some respective international comparisons have been made and the attention was drawn to the problem of the amount of costs for collection of taxes in Poland.Item KARA ZA PRZESTĘPSTWA POPEŁNIONE W FORMACH STADIALNYCH(Wydział Prawa i Administracji UAM, 1998) Kunze, EugeniuszPolish penal law foresees responsibility for an attempt at forbidden act and sometimes also for preparation for such a crime. The literature is dominated with objectivist opinion that punishability of behaviour preceding a commitment is justified in case where a menace for some legal good had place. New Polish Penal Code has adopted in its article 14 a principle that a court sentences an attempt within the limits of threat o f punishment foreseen for given crime. However the standpoint of the Supreme Court is that the punishment sentenced for an attempt to commit a crime should be, as a rule, lower than for a crime committed. The Author presents a review of penal law dispositions being in force presently and concerning “a preparation for a crime” and gives his commentaries on particular sentences issued in courts in this respect.Item KLASA ROBOTNICZA W TLE INNYCH KLAS(Wydział Prawa i Administracji UAM, 1998) Domański, HenrykThis is an empirical study aimed to pick up recent changes in social location of the workmg class in stratification ladder. I put it in the context of discussion on “death of social classes”, which revived in the 1990s in world sociology. Drawing on data from national random samples, which come from surveys carried out in 1982 - 1995, I attempt to determine to what extent economic distances and mobility barriers between workers and other basic socio-occupational strata persist over time, despite systemic transformations going on in Poland. Results show that in the Polish case the “manual - non-manual” dichotomy still exists. In hierarchy of incomes, the gap between workers and non-manual strata even widened. As regards mobility barriers, they remained basically intact. In conclusion, I draw certain analogies between Poland and capitalist societies, saying that in the 1990s social stratification in Polish society tends to approach patterns typical for contemporary capitalism.Item KSZTAŁTOWANIE SIĘ RELACJI MIĘDZY PRZEDSIĘBIORSTWEM A BANKIEM(Wydział Prawa i Administracji UAM, 1998) Ceitel, ElżbietaThe article presents relations between a bank and economic subject as generated by civil law contracts. Characteristic features of such relations have been discussed more largely on account of two particular groups of contracts: - contracts with bank as a debtor of a firm, - contracts with bank as a creditor o f a firm. The analysis of relations happening between the two parts of a contract is being done in aspect of credibility of economic subject itself. Taking the last in consideration a bank proceeds to a segmentation of the portefeuille of its clients. This is obligatory in case of clients that have some obligations towards the bank - a subject is being classified to a group in conformity with evaluated risk o f a transaction. A set of subjecst that assume the only role of a bank’s creditor can be submitted to further segmentation. The article gives an analysis of a chosen method of classifying clients as well as a discussion of the principles involved.Item MARKA PRODUKTU I JEJ WIZERUNEK - POJĘCIA JEDNOZNACZNE(Wydział Prawa i Administracji UAM, 1998) Klama, MonikaThis article focuses on discrepancies in brand and brand image definitions. A new definition of brand and a new non-qualifying approach to brand are proposed. Relations between brand image and factors affecting brand position are discussed. The Author also indicates that there is a certain degree of synonymity between the notion of brand and brand image.Item MIKRO- I MAKROEKONOMICZNE PRZYCZYNY UPADŁOŚCI PRZEDSIĘBIORSTW W POLSCE(Wydział Prawa i Administracji UAM, 1998) Appenzeller, DorotaIn centrally planned economy the efficiency of economic entities did not play any significant role. For this reason the bankruptcy phenomenon has not been known in Poland till 1990. The economic transformation, started in 1989, has caused a rapid growth of bankruptcies among the state-owned as well as privately owned enterprises. Although the bankruptcy has become an integral and natural part of market mechanisms in Poland, the analysis of economic aspects of this phenomenon in still difficult, because of poor quality and unavailability o f microeconomic data. The paper presents some general features of bankruptcy process in Poland in the years 1990 -1997. Furthermore the micro- and macroeconomic causes of business failure are identified. The main theoretical theses are illustrated with the results of an empirical analysis based on the data for Polish failed companies.Item OCENA SKUTECZNOŚCI OPERACJI POKOJOWEJ ONZ W BYŁEJ JUGOSŁAWII(Wydział Prawa i Administracji UAM, 1998) Ocieczek, BolesławThe conflict in former Yugoslavia is in connexion with process of creation of new political order in Europe and in the world after the so-called cold war ended in 1989. Initial approach to the problem, considered in the beginning as intra-European, was characterised by the will not to impose solution from the outside and to respect political aspirations of the peoples within the framework o f loose confederation. Lack o f political uniformity in Europe has led however quickly to a modification of this formula in favour of creating independent States of national expression. This new formula was positively verified in case of ethnically formed countries but it proved to be tragic for multinational Bosnia. The Author discusses among others a genesis o f the conflict, a beginning of disintegration of Yugoslavia, the outbreak of war and instruments of peaceful operations applied for to suppress the conflict. The Author analyses critically standpoints of particular States in this generation and activities of the UN troops hitherto operated.Item ODPOWIEDZIALNOŚĆ DŁUŻNIKA WEDŁUG KONWENCJI WIEDEŃSKIEJ O UMOWACH MIĘDZYNARODOWEJ SPRZEDAŻY TOWARÓW(Wydział Prawa i Administracji UAM, 1998) Napierała, JacekThe subject of the article is legal institution of contract liability as regulated in the Vienna Convention from 1980 on contracts o f international sale of wares. The Convention is an act of law which practical importance is hard to be overestimated: it concerns one of mostly concluded kind of contracts within economic relations and it has obligatory force in more than 50 countries (including also Poland). The article contains an extract of principal theses from the author’s book published under the title of “Liability o f exporter and importer for breach of a contract on international sale of wares”. The article is composed of three parts. Part one is devoted to relations between the Convention and national Polish law. Second part is devoted to a breach of an obligation as a pre-condition of exporter’s or importer’s liability. The object of the part three is the scope of this liability as designated by the following legal institution: a) claim for performance of an obligation, b) reduction of a price, c) interest, d) withdrawal from a contract, e) liability for damages, f) abstention from reciprocal performance.Item POJĘCIE I DETERMINANTY WAHAŃ KONIUNKTURALNYCH W GOSPODARCE POLSKIEJ OKRESU TRANSFORMACJI(Wydział Prawa i Administracji UAM, 1998) Barczyk, RyszardProcesses of fluctuations of economic situation have always been and still are intrinsic characteristic feature of highly developed market economies. Such fluctuations took also place in processes of economic growth in centrally planned systems. In countries where transformation processes are operated there also happen some determined changes in economic activity to be manifested in regular fluctuations of economic situation. General aim of the article is to formulate some hypotheses on notion itself and on factors determining processes of fluctuations of economic situation that have place in Poland during the nineties. The above mentioned fluctuations are a sequence o f successive phases of favourable and defavourable conjuncture being done that such a subsequence is relatively regular and involved with investments effectuated. When explaining a genesis of these oscillations one should first of all adopt endogenic models which are supposed to detect their reasons in internal factors operating within this system. Among determinants influencing a morphology of the oscillations we can distinguish as well short- and mid-term conjunctural factors as long-term structural changes.Item PRAWNOKARNA OCHRONA PRAW PRACOWNIKA W NOWYM KODEKSIE KARNYM(Wydział Prawa i Administracji UAM, 1998) Samol, SebastianIn this article the Author made an attempt to analyse dispositions contained in chapter XXVIII of the 1997 Penal Code, a chapter on “Crimes against rights of persons performing their paid work”, e.i. legal dispositions that do penalize: - malicious and persistent violence of an employee’s right inherent to employment or social insurance - by persons whose activity results from labour law and insurance law; - a refusal of readmitting to a job, if such a reinstatement in job was decided by proper organ; - infringement to provisions of social insurance law by nondeclaration of data demanded or declaration of false data - what influences a right to performances or their amount; - exposing of an employee to a life danger or heavy detriment to the health by nonfulfillment of duty relating to safety and hygiene of working conditions; - non-informing proper authorities about an accident at work or occupational disease; non-drawing or non-producing of necessary documentation. The analysis was made with taking into consideration dispositions on protection of an employee’s rights comprised in the 1969 Penal Code (already repealed) as well as on a basis of hitherto existing statistics on crime against employee’s rights. Because of the fact that the subject of the article is tightly related to labour law - the Author presents also his own considerations on penal protection of employee’s rights also in relation with dispositions of the code of labour law and, in particular, of its chapter XIII - “Liability for infringements against an employee’s rights”.Item PROBLEMY KREACJI PIENIĄDZA I REGULACJI OBIEGU PIENIĘŻNEGO(Wydział Prawa i Administracji UAM, 1998) Knakiewicz, ZenobiaEverybody is interested in largely conceived problems of currency. However there is no uniformity of views even in fundamental matters - such as sources of currency creation, its character, a need of regulating the currency circulation, e.i. of its volume, extra-banking sector and instruments for such a regulation aimed at maintaining of a currency stability. Taking first of all into account the theories of Keynes, Friedman, Wicksell and Hicks - the Author displays her reflections on a series of topic issues and adopts her own standpoint. To begin with the Author discusses problems of the notion of currency itself, of its properties, and lays emphasis on endogenic character of a currency. Her opinion is that the way of conceiving a currency has the main influence on construction of the currency system. According to the Author the Wicksell theory is a basis for all contemporary systems of currencies. This fact is confirmed by presented numeral data. The Author stresses major importance of a banks supervision and of independence of a central bank. She also presents her remarks on currency policy and respective sensibility of the banking sector.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1998) Kwiatkowska, MagdalenaProblemy społeczne w okresie zmian systemowych w Polsce, pod red. M. Malikowskiego, Wyd. “Mana”, Rzeszów 1997, ss. 539.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1998) Staniszewska, DanutaTransition Banking. Financial Development of Central and Eastern Europe, pod red. Ronalda W. Andersona i Chantal Kegels, Clarendon Press, Oxford 1998, ss. 300.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1998) Żurek, AldonaIrena Namysłowska, Terapia rodzin, PWN, Warszawa 1997, ss. 224.
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