Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1982, nr 1


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    Spis treści RPEiS 44(1), 1982
    (Wydział Prawa i Administracji UAM, 1982)
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    Założenia reformy gospodarczej
    (Wydział Prawa i Administracji UAM, 1982) Komar, Andrzej
    The article discusses the foundations of the economic reform in Poland. It presents interrelations existing among political, economic and social factors in defining these foundations. The economic reform requires a new definition of relations among the Party, trade unions, the administrative board and various social groups. Particularly important is to guarantee a real part in governing to the people. In the domain of economic relations, it is necessary both to restore the active role in forming of the economic activity to the money and to secure the independence of enterprises. Market should constitute the crucial facta in shaping of the economic activity. Production land services should comply, with the demand of the market. This, "however, requires the elimination of centrally established limitations. The need of price reform being a fragment of the whole economic reform, has also been underlined in the article. The author strongly declares for making the most of human interest and motivation in the improvement of the economic situation.
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    Problemy samorządności w reformie gospodarczej
    (Wydział Prawa i Administracji UAM, 1982) Wierzbicki, Janusz
    The author takes into consideration self-government problems of state enterprises and local administration, that arise from realization of the economy reform in conditions of deep economic and political crisis. The author assumes that independence of state enterprises is the basic premise for overcoming the economic crises in a several years' period of economy stabilizing. In that period internal equilibrium would be redressed. The author points out, however, that enterprise independence does not seem to be possible as long as inflation is increasing. In such conditions it is not possible to ensure rational functioning for enterprises. After reduction of inflation gap, in a range indispensable, for ensurance effective activities for enterprises, it will be possible to proceed to the reform aiming at- decentralization of economic system as well as redressing the equilibrium. Introduction of self-government into enterprises ought to conduce to easier population approval of sacrifices connected with antiinflation policy. The role of that self-government in directing enterprises might be definitely stated aliter realization of the reform, in a longer period of stabilizing the economy. The author considers local self-government in another aspect, explaining first of all, why people's councils which have been functioning since 1950 do not meet requirements of self-government local administration. The author pays attention to the fact that the lack of real local self-government results from unsatisfactory democratization of people's councils. That influences unfavourably not only the satisfaction of local needs but also the enterprises economy, leads to increase of political pressure on workers' self-government and is aversed to the effectiveness increase in their economic activity.
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    Mechanizm gospodarczy po reformie
    (Wydział Prawa i Administracji UAM, 1982) Wilczyński, Wacław
    The author intended to present those theoretical and practical aspects of the economic reform which were not considered in the papers published hitherto. In the presented approach the author tried to give evaluation of the reform from the point of view of its influence on the overall economic relations. Opposing its instrumental interpretation the importance of the reform is stressed in conection with the explanation of mistunderstandings concerning the relationship between market and plan. There is no contradidtion between these two cathegories. There is only contradiction between market and imperative management and between plan and imperative, centralised management. Vdsion of the economic mechanism arising from the economic reform is mostly analysed. Necessity of essential changes in economic mentality required by the reform is strongly stressed. The author evaluated the hitherto presented by the governmental agencies proposals concerning the reform. The document called „Directions of economic reform" was critically evaluated because it contains too many salvos for the so called „transitions solutions" incompatible with a new economic system. The Ministry Council's Resolution of the 1st December 1982 on the activity rules of the state enterprises in 1982 was in general positively evaluated.
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    Tryb przeprowadzania zmian organizacyjnych w przedsiębiorstwach państwowych
    (Wydział Prawa i Administracji UAM, 1982) Sowiński, Roman
    Organizational acts of different types, enacted by various governing bodies are one of the formation means of economy administration structure. There has been no finite conception of the organization acte, but their legally decisive influence on a contruction and transformation of economy structures is unquestionable. The analysis of legislation proves that only some of the acts reveal formally determined procedure of their enactment. Besides, in most of the cases, these procedures established in the fifties — the period of domination of centralized administration sylstem when even the slightest organizational transformations ware carried out by means of the administrative decisions. Subsequent changes of the management system allowed for certain decentralization and deconcentration of organizational decisions in the economy. The existing structure of administrative organs, however, formed a limitation and only some prerogatives were left to indirect cells of management. The following is indispensable an order to modify the present system of transformations in enterprise organization: 1) the change of competence location, 2) the change of legal and organizational relations between the cell's of economy administration — especially in the respect otf the enterprise — administrative organ relation, 3) the change of legal acts types leading to organizational transformation of enterprises, and last but not least but not least, 4) the change of issuing mode of certain acts with the respect of certain procedures, or simply — the change of organizational procedures (or establishing the new ones, in case of necessity). All the modifications have to be referred to the basic premise of the economic reform Which is creating an independent, self governing and self financing enterprise as a primary subject of the economy. The following assumptions are found to be essential in the construction of integrated conception of procedures organizing State enterprises: 1) the departure from standardization of organizational procedures effecting the decision making by an administrative organ as the only source, 2) rejection of administrative organs hegemony in the modification process of enterprise organization, 3) adjustment of a proper procedure type to each act of organization (requirement of a flexible procedure choice), 4) explicit adoption of every procedure in the regulations with a protection guarantee of superior reform goals. When constructing the complex organizational procedures on- has to: 1) realize a scope of structural moves of the aniterjprise organization, what economic processes and activities they correspond with, what types of the organization acts have to be taken for their enforcement, 2) determine procedure types whih are applicable in the (re-)organizational decision making, and legal options of the enterprise structural modifications. At a general estimation of the new regulations of the State enterprises one can find that: 1) their authors seem to act as if they did not realize the scope of organizational problems and undertakings in the enterprises (and, as a result, the scope of organizational acts as well), they have to be dealt with within a normal mode of organizational modifications of the economy, 2) there is a disjunction between the procedure of establishing the units of economy and the mode investmenlt financing.
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    Własność siły roboczej w socjalistycznym sposobie produkcji — społeczna czy prywatna?
    (Wydział Prawa i Administracji UAM, 1982) Tittenbrun, Jacek
    Modern economists and sociologists seldom present their ideas in terms of labor force. This category however, has an important function in Marxist- -Leninist theory of historical and modern socio-economic structures. On the other hand, none of the classics ever provided an unambiguous solution of the question of labor ownership in a socialist society. Theoreticians of the present day are viewing this question in aspect of the directly social work vs. labor force as a commodity problem. According to Marx teachings a possibility of labor sale by owners is a specific feature of private ownership. In the opinion of many Marxists labor is not considered to be a commodity under socialist conditions. Yet the proof of this thesis is not quite convincing. Moreover, the idea advocating the directly social character of work in a modern socialist society is relevant neither to facts of present economic reality, nor to the Marxist sense of this concept. The socialisit law of division of goods according to work does not eliminate the possibility of labor exchange in the socialist economy. Generally the ideas negating a private character of labor in the socialist system of production are ignoring or underestimating the conaitioning of the socialist system of ownership by means of resource structure, social division of labor and of the exchange of goods and money. The author declares a new approach to the interpretation of concepts of collective, personal and private ownership of labor. Labor has a character of personal ownership when it is used for providing for personal needs. When it is satisfying the needs of others not through the exchange of goods it has a character of social ownership, whereas being on sale it functions as an object of private ownership. According to the above classification the ownership of labor has a private character in the socialst mode of production. This idea follows the teachings of Lenin which assumed a future complete collectivization of labor in classless communist society, lt also facilitates the examination of a process of transformation of the private ownership of socialist labor force into the ownership of collective character.
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    Międzynarodowa ochrona wolności związkowej
    (Wydział Prawa i Administracji UAM, 1982) Michalska, Anna
    Resume of the regulation of general treaties, both universal and regional concerning freedom of associations and of assembly is presented in the introductory remarks of the author. Treaties concerning freedom of trade unions undersigned within the International Labor Organization are hereinafter analyzed. These are: Convention nr 11 concerning the Right of Association in Agriculture, nr 84 concerning the Right of Association in Non-Metroplitan Territories, nr 87 concerning Freedom of Association and Protection of the Right to Organize, nr 98 concerning the Application of the Principles of the Right to Organize and Bargain Collectively, nr 135 concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking, nr 141 concerning the Organization of Rural Workers and Their Role in Social and Economic Developement. Special procedure concerning international protection of trade union rights is discussed in final part of the article. Action of the Committee of Union Freedoms and procedure before the Investigation and Conciliatory Commission in matters of freedom of trade unions is presented. This special mechanism provides, for many reasons, for completion of general procedures of control which are applicable to all conventions of ILO. Being founded on the plaints it permits to examine the questions which could escape control which is based on examination of governmental reports. This control can be applied even with regard to the countries that have not ratified the conventions of freedom of trade unions and in consequence, as far as it applies to these countries, it allows to take up such problems which were found to be difficult to examine, and their solutions were timely and less profound than expected whithin the scope of general procedures. The control is founded rather on general principles in question of union freedoms, than on detailed guidelines of the respective conventions in that matter therefore it allows for more flexibility and can be more easily applied and extended in varying circumstances.
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    Rola wytycznych Centralnego Zarządu Zakładów Karnych w prawie penitencjarnym
    (Wydział Prawa i Administracji UAM, 1982) Tobis, Aleksander
    Guidelines published under the rule of the Interim Regulations of Imprisonment Sentence Execution of 25 Jan. 1974 are discussed An this article. The guidelines are considered to be intradepartamental by-laws. In connection with the above the following are at issue: counteracting and fighting negative aspects of penitentiary subculture, deviations from the regulations in case of the sentenced women, execution of imprisonment of juvenile delinquents, execution of imprisonment of inadverent offenders, sentenced of burglary, contacts of the sentenced with their relatives. The author presents a classification of guidelines. Their contend; is also discussed in aspect of their formal proclamation, as well as on account of the legislational work on new executive criminal law. Guidelines infringing the right of sentenced to proper execution of their criminal penalty are criticized. The author delimits a scope of possible inclusions of guidelines to the Regulations of the Execution of Imprisonment Sentence which are being created.
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    Reprezentacja spółek kapitałowych w obrocie cywilnoprawnym
    (Wydział Prawa i Administracji UAM, 1982) Moskwa, Leopold
    The article disscusses the question of representation of capital associations (limited liability companies, joint stock companies) in dealings within the meaning of civil law. lt is only the management from among company officials which is in legitimate possession of representation rights. Exceptionally the rights of representation are vested in the supervisory board, whereas the meeting of partners (general assembly) and the auditing committee are destitute of these rights. Combined representation is a rule in deputizing for capital associations. There are however some exceptions to it. The cases are as fallows: establishing a sole management, contractual settlement of other principles of representation and of passive representation of association (by way of capacity to accept declarations of will). The right to represent which is vested in the management is defined very widely. It comprises almost all proceedings in court and elsewhere which are related to operating any business. Thus there is no necessity to limit the concept of management representation to firms belonging to joint companies or to a firm of the same type. In relation to the capital association the members of management are subject to limitations enacted in regulations concerning the associations or limitations established in contracts (statutes) of associations or in resolutions of partners (in general assembly). Participance of the management member in decision making, against the explicit consitnalimts to do so does not influemce the validity of arrived settlements. The possible consequences of this participation may be the managing director's liability for damage, his recalling or suspension by the supervisory board. The mode of representation concerning capital associations is subject to registration in the trade register.
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    Zarządzenia tymczasowe a postanowienia z art, 443 k.p.c. wydawane w toku procesu o rozwód
    (Wydział Prawa i Administracji UAM, 1982) Iżykowski, Michał
    With an intent to attain security for claim the Polish Code of Civil Procedure provides a possibility of issuing legal decisions called provisional court orders. According to the regulation of the section 730 et seq. of the Code of Civil Procedure (hereinafter called the ccp) the provisional court order can be issued whenever there is a justified doubt arises that the creditor's claim cannot be satisfied or there is a fear, on the side of the creditor, of other legal effects of the court's final decision. Apart from the above regulation the Polish ccp in the section 443 provides for special rulings of a provisional character in the course of divorce litigation. These are designed for settlement of relations between husband and wife pending the action. The Polish doctrine has not settled whether the rulings within the meaning of section 443 of the ccp belong to a group of provisional court orders or they constitute a separate category of court decisions. In order to solve this question the author compares objectives of giving respective decisions, conditions (grounds) of their issuing, the scope and stability of findings, the course of proceedings to take evidence and other matters of procedure. Upon ascertainment of the existence of substantial differences, the author concludes that provisional court orders and rulings within the meaning of the section 443 of the ccp are in fact two distinct types of court decision.
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    Niektóre aspekty opodatkowania. dochodu gospodarki nieuspołecznionej
    (Wydział Prawa i Administracji UAM, 1982) Gomułowicz, Andrzej
    The extreme importance of a source of tax in selecting taxes by the legislator is advanced in legal and financial literature. Taxes hitting the perceptible source of tax should therefore be preferred by a fiscal system. The systematics of taxation adopted in Poland follows this proposition, it is income which is considered to be one of the most substantial tax sources. In unsocialized units of economy income is taxed in a form of income tax assessment. This type of tax has been a subject to a well pronounced evolution in Poland, to start with the Decree of 8 Jan. 1946 and subsequent later changes until the enactment of the Income Tax Act of 16 Dec, 1972. Consecutive changes amounted to the increase of rates of taxation against former regulations, so the assessment became heavier. Tax which represents an act of intervention into the area of individual's private income goes a long way toward a regulation of the real income level of respective groups of a society. Structure of wealth of taxpayers is also ďifferenciated, eg. states of finances of taxpayers employing and not emploing wage workers have to be discriminated. Assessable excess income over zł 72 000 per annum is considered to be high. This opinion has to be a subject to verification based on price indices of consumer goods: foodstuffs and durables, as well as on influence of money depreciation on the increase of real burden of tax in case when progressive rates are being applied.
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    Redystrybucja dochodów w Republice Federalnej Niemiec
    (Wydział Prawa i Administracji UAM, 1982) Albers, Willi
    In den Aufsatz sind die wichtigsten Probleme der Umverteilung in der Bundesrepublik be schildert. Der Verfasser befasst sich vor allem mit der Begründung der Umverteilungsmaßnahmen, mit der Umverteilung innerhalb der Bezicher von Leistungseinkommen, mit der Umverteilungswirkung der Steuern, der Umverteilung zwischen Erwerbstätigen und Nichterwerbstätigen und mit den Umverteilungswirkungen bei kollektiv angebotenen Gütern. Eine konsistent verwirklichte Verteilungspoilitik kann soziale Spannungen abbauen, die sich in offener Arbeitskämpfen oder passivem Widerstand äußern. Vergleicht man in dieser Hinsicht die Lage in der Bundesrepublik Deutschland mit derjenigen ihrer Nachbarn, so muß man ihrer Politik des sozialen Ausgleichs und der sozialen Sicherheit eine gute Note ausstellen; denn bei den Streiks Steht sie an letzter Stelle und bei der Arbeitsproduktivität gehört sie zu der Spitzengruppe der Industrieländer.
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    Rozwój gospodarczy a bezrobocie w Danii po drugiej wojnie światowej (lata 1945-1976)
    (Wydział Prawa i Administracji UAM, 1982) Bywalec, Czesław
    In economic development of Denmark after World War II the following four periods (stages) may be distinguished: 1) pot-war revival — years 1945-1950, 2) period of stagnation — years 1951 - 1958, 3) period of revival and boom-years 1959 -1973, 4) recession after 1973. Volume and structure of unemployement have been varying. The correlation analysis, however, hals indicated that Denmark business outlook has only slightly determined the rate of unemiployment. There has not been found any correlation between the GNP growth rate and the unemployment rate lover than 6% it could be considered that one of the reasons of such considerable increase of unemployment has been decrease of the economy rate of growth. Business cycle has exerted significant influence on unemployment structure by sectors and divisions of economy as well as occupations, age of the unemployed and sex. Seasonality of unemployment has also been a subject to significant changes.
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    Warunki i perspektywy rozwoju sfery usług w Polsce
    (Wydział Prawa i Administracji UAM, 1982) Olearnik, Janusz
    The article consists of two parts. In the first part an evaluation of services sphere development in 1965 - 1979 span in Poland has been carried out. The following measures have been employed in the analysis: number and qualifications of employees, volume of investments, volume and amortization of fixed assets, share of services in a consumption structure. A comparison between development of services and other spheres of economy has been drawn and crucial, restrictive conditions for development of services sphere have been pointed out. International comparisons have been accomplished and synthetic features of Polish economy from the point of view of the role of services sector have been drawn up. The second part of the article deals with perspectives of an increase of services consumiption in Poland. Thanks to the analysis of such factors as: money income of population, consumption of consumer durables other than services, possibilities of an increase of services supply, prices of services, conditions hampering development of services consumption have been pointed out. In the article share of services in a structure of exipenditures of population till 1985 has been predicted.
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    Dostosowanie systemu dystrybucji usług turystycznych w Polsce do potrzeb nabywców
    (Wydział Prawa i Administracji UAM, 1982) Gołembski, Grzegorz
    Distribution system of tourist services hate been defined. Negative "features of the present system have been characterized. There have been included, among other things: creation of service monopoly of certain types of tourism and creation of spatial monopolies, faulty policy of employment protectionism towards tourist enterprises, lack of co-ordination between pheres of tourism service, lack of sectoral formulation of distribution canals. Methods of adjustment of tourist services supply to the heeds of customers have been characterized and critically analyzed. Conclusions have been formulated, their realization could lead to improvement of tourist services distribution system in Poland.
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    Kategorie pracy produkcyjnej w socjalizmie
    (Wydział Prawa i Administracji UAM, 1982) Noga, Marian
    The author begins an analysis of productive labour in socialism by analysing, Marx's category of productive labour. In Marx's considerations of that category two trends can be distinguished: the first where Marx analysed productive labour in general, and the second where Marx analysed productive labour in real sooio- -economie formation. The conclusion's drawn from Marx's considerations let the author to frame the hypothesis that the productive work in socialism is the work which can realize the basic economic laws of that formation.
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    Koncepcja rozwoju gospodarczego Polski w twórczości naukowej Fryderyka Skarbka
    (Wydział Prawa i Administracji UAM, 1982) Romanow, Zbigniew
    Fryderyk Skarbek thanks to tis thorough studies in France and then direct relations with socio-economic life of the post-partition Poland — paves the way for the classical theory, amplifying and adapting it to our contemporary conditions. Thanks to those scientific works he suppresses influence of physiocratic doctrine in Poland and inculcates ideas of the new system — capitalism. Fryderyk Skarbek is characterized by social ideas and detecting exploitation attendant upon development of capitalism he stipulates as just as Sismondi compromise solutions for overcoming discrepancies, but he fails to realize their inevitabilities in process of capitalism development. In contradiction to reactionary views of F. List, for whom intrinsic discrepancies of capitalism have been of minor consequence in comparison with development of German national productive forces — Skarbek's, analysis of capitalistic production relations based on clear-sightedness and understanding of social problems of that system has progressive (in contemporary terms) character. Though in the end of his life he was turning to vulgar apology of capitalism, his basic scientific output proves that he is that Polish economist who left unabatdng mark in the bourgeois economic thought.
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    Z historii socjologii polskiej — Leona Winiarskiego koncepcja rozwoju społecznego
    (Wydział Prawa i Administracji UAM, 1982) Leoński, Jacek
    Scholarly work of Leon Winiarski, the nineteenth century Polish sociologist is generally not much known. He was a member of a mechanistic and energetistic trend in sociology. Before he formulated his theoretical generalizations in this scope he was interested in the problems of social development. „Social Relations in En-gland", one his earlier works, published in 1889, is of a particular importance. It began the emigrational library edition of "European Review", In this work L. Winiarski discusses pathways of development of English capitalism, political organizations and a question of English working class. The choice of English society is explained by its model character. L. Winiarski's reasoning is grounded on a claim that historical process has a natural and necessary character. Development tendencies of particular societies allow for a transition from one form of production to another. A trend of production concentration (forming a „great enterprise") is a natural historical propensity. According to Winiarski the expansion of capitalism had trigerred a natural tendency of historical process towards socialism. This trend implies the economical and political strife of the working class, gaining power by this class is the most important act on the way to socialism. The sociologist however does not state expressly the character of power transition be it by means of revolution or parlamentary change Progress of technology is considered to be a core element in socio-economic changes and consequently, in transformation of political institutions. Transition to socialism can only be accomplished by the effort of the working class which is organized in a political party. The way to create the party is through trade unions' work.
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    Specyfika ról zawodowych i pozazawodowych marynarzy
    (Wydział Prawa i Administracji UAM, 1982) Sosnowski, Adam
    The article is opened with an analysis of the term „social role" as a category of social analysis. The most typical for Polish sociology theoretical concepts and empirical operationalizations of that basic category are hereinafter discussed. Subsequently the most characteristic situations leading to the assumption of professional roles of sailors are indicated, Basic elements manifesting continuity and change of the roles were quoted following generational construction, historical and comparative analysis. In this way the subject of origins of future roles being shaped among future seamen (students of Martime High School and of Martinie College in Szczecin) was handled. The author also mentions intergenerational similarities in the achievement of a professional role of sailor as well as typical elements of the role for all generations: graduates, sailors remaining in active service and retired seamen. Next the remaining non professional roles are indicated: family roles to start with, a complex of political and social roles and a role of cultural life participante. The basic elements of distinguished role types are characterized in the attempt to describe similarities and differences in their performance by sailors and workes employed in inland based companies who are fulfilling roles related to life and work inland.
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    Przegląd piśmiennictwa RPEiS 44(1), 1982
    (Wydział Prawa i Administracji UAM, 1982)
Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego