Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 2
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Item NOWE PRODUKTY A TRWAŁOŚĆ KORZYŚCI OSIĄGANYCH PRZEZ PRZEDSIĘBIORSTWO(Wydział Prawa i Administracji UAM, 2003) Szulczyńska, UrszulaThe position of a leader in an innovative activity allows creating a competitive advantage, with a use of various functional areas. The better the ability of competitors to imitate particular elements of the leader’s strategy, the bigger benefits from the innovation they take over and the sooner it happens. The strategy of a new product consists of the decisions regarding the product itself (its form, function and non-material features) and of the promotion, distribution channels and price strategy. Each marketing tool influences the company’s ability to generate long-term profits and to protect itself against copying by competitors. All of them affect the perception of consumers, which is a basis for differentiating the product and allows the innovator to set higher prices and make higher profits. The use of various possibilities to copy marketing strategies and thoughtful investment in avoiding being copied by competitors could both improve the situation of the company. The author analyses the elements of the innovative strategy with regards to their influence on the success of a new product, possibilities of copying by competitors and using those elements in order to prolong the period in which the company benefits from its innovative activity.Item RYNEK PRACY W OPINIACH STUDENTÓW(Wydział Prawa i Administracji UAM, 2003) Kowalczyk, ElżbietaIn her article the author presents the opinions of students concerning their professional career opportunities. Young people on the threshold of their professional careers have to face the necessity of negotiating over their jobs - a task particularly difficult in the situation of a crisis on the labour market. Those negotiations are understood as a configuration of specific talks held by two sides: - an employer, purchasing particular goods such as labour, — an employee, offering his abilities and devotion. Their mutual relations dictate supply and demand for labour, which undergoes business cycles. In order to explain this market process, the author constructed and conducted two-staged research. In the first stage, a sample of students was presented with a description of the labour market and asked to discuss career opportunities on the described market. At the next stage they were requested to describe their preparations for undertaking professional activities and focused mainly on the strengths and weaknesses of actors on the labour market. The analysis of the research results in the following article may help to understand fears and hopes of young people and to prepare an effective program which could facilitate finding a place on the increasingly demending labour market.Item ZNACZENIE ZAUFANIA W TWORZENIU KAPITAŁU SPOŁECZNEGO. EKONOMICZNY I SPOŁECZNY WYMIAR ZJAWISKA(Wydział Prawa i Administracji UAM, 2003) Krzyminiewska, GrażynaThe author touches upon the problem of the role of trust for social capital and social and economic life. It is indicated that their influence upon the social and economic life becomes a crucial element determining the development potential of the community, pro-social and pro- -economic attitudes of individuals and social groups.Item NOWE OBLICZE KONKURENCYJNOŚCI - KONSEKWENCJE DLA POLSKIEGO SEKTORA ŻYWNOŚCIOWEGO(Wydział Prawa i Administracji UAM, 2003) Słodowa-Hełpa, MałgorzataThe article presents the process o f competitiveness development in a broad perspective and attempts to present the main factors determining its contemporary character. Additionally, the main instruments stimulating the competitiveness o f the Polish food industry are presented against this background. In particular, the challanges and requirements connected with the EU integration are emphasised. The development o f competitiveness is depicted in this context, both in national and regional development programmes, and an attempt is made to identify the basic elements that ensure the development of competitiveness in the agricultural and food industries as well as their technological and economic position. Among the main factors affecting competitiveness special emphasis is put on the role of quality, innovation, regional and local production systems, as well as horizontal and vertical integration processes.Item ROLA SPECJALISTYCZNYCH FUNDUSZY INWESTYCYJNYCH OTWARTYCH NA RYNKU FUNDUSZY INWESTYCYJNYCH W POLSCE(Wydział Prawa i Administracji UAM, 2003) Gabryelczyk, KatarzynaThe subject o f this paper is the role o f specialized open-end investment funds (SFIO), which became an interesting and profitable instrument o f investment on the Polish capital market. The author’ s main intention is to present the legal regulations concerning the activity of those institutions, their offer addressed to both individuals and institutional investors and their share in the Polish investment fund market. SFIO funds operate on similar principles as open-end investment funds. However, SFIO funds in some respects differ from open-end funds, the main difference being that SFIO funds allow an indication in the charter o f formal conditions related to their participants or the conditions on which participants may request a repurchase of participation units. In the view or both these facts and characteristics of this part o f the Polish capital market, one may distinguish two kinds o f SFIO funds with two different groups o f participants: • funds associated with investment within the 3'd pillar o f the Polish individual retirement system (table 1), • funds appropriative exclusively for legal persons (table 2). Considering the share of SFIO funds in the investment fund market, they take the second position after open-end funds, both in terms o f quantity and net asset value o f the funds (graphs 1&2). The discussion o f the past performance o f SFIO funds is accompanied by considerations of their future role for the funds market. The author suggests that because individuals are mostly interested in long-term and safe investments (both conditions are met by those funds), the role o f SFIO funds in this case will be continuously growing. As far as the interest o f institutional investors is concerned, the situation may appear the opposite. This is mainly because such investors are interested in short-term (even speculative) investments and are therefore likely to choose other capital market instruments.Item DETERMINANTY KANAŁU KREDYTÓW BANKOWYCH W ŚWIETLE WIELOWYMIAROWEJ ANALIZY PORÓWNAWCZEJ(Wydział Prawa i Administracji UAM, 2003) Jaremko, MałgorzataIn the article the tools of multidimensional comparative analysis are used to compare and evaluate the influence of selected determinants on the National Bank of Poland’s transmission mechanism through the bank lending channel in Poland in the years 1998-2002. The theoretical analysis describes main factors that influence the transmission mechanism and arise from banks’ and non-branks’ sectors. These are: central bank’s influence on banks’ ability to lend loans and dependence of non-banks on loans as the source of financing. The factors were consequently applied to construe synthetic indices as measures of the total impact of these factors on the mechanism of monetary transmission through the bank credit channel. The analysis of the synthetic indices shows that between 1998 and 2002 there was a minor improvement of monetary transmission conditions.Item CZASOWA STRUKTURA STÓP PROCENTOWYCH W ŚWIETLE WYBRANYCH TEORII EKONOMICZNYCH(Wydział Prawa i Administracji UAM, 2003) Ziarko-Siwek, UrszulaInterest rate term structure is a function relating interest rate to term of maturity. Interest rate term structure is related to the idea of yield curve. Yield curve is a plot of interest rate yields on bill or bond with differing terms to maturity but with the same risk. The relationship between short and long interest rates and shape of yield curve are both explained by the following theories: expectations hypothesis and market segmentation hypothesis. The expectation hypothesis is not a homogenous theory and has several types. The expectations hypothesis can be divided into the pure expectations theory and weight expectations theory. The weight expectations theory can be divided into liquidity theory and preferred habitat theory. The paper gives a summary of individual theories concerning interest rate term structure discussing and comparing them briefly.Item ZASADA „FAIR TRIAL” W ORZECZNICTWIE EUROPEJSKIEGO TRYBUNAŁU PRAW CZŁOWIEKA(Wydział Prawa i Administracji UAM, 2003) Pagiela, AndrzejThe article begins with a definition of a “fair trial” and some other notions involved. Then the author presents a discussion of the civil rights and duties and complaints in penal cases, moving on to the requirements set for a court as an institution, i.e. easy access to a court of law, independence of a court, impartiality and statutory guarantees of its establishment, as well as the openness of proceedings and term of case trial. Toward the end the author analyses the “soundness” of trial course, the problem of equality of parties, the issue of personal participation in an oral trial, adversary procedure and the duty to provide grounds for the verdict, in addition to presumption of the accused innocence, the requirement to inform about accusation, the right for defense preparation and free defense counsel and interpreter.Item Spis treści(Wydział Prawa i Administracji UAM, 2003)Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Łączkowska, MałgorzataGrzegorz Jędrejek, Piotr Pogonowski, Działalność gospodarcza małżonków, Wydawnictwo Prawnicze Lexis Nexis, Warszawa 2002, ss. 283.Item SPOŁECZNO-PSYCHOLOGICZNE ASPEKTY POSIADANIA BRONI(Wydział Prawa i Administracji UAM, 2003) Poznaniak, WojciechAt the beginning, the author lists psychological functions of possessing of weapon: • ensuring the sense of security, • desire to discourage a potential aggressor, • emphasis on self-esteem, • an intention to commit a crime, etc. Then, he analyses the motives for applying for a gun license, among which the most popular one is the sense of a personal threat or a threat to one’s relatives. He presents an in-depth discussion of the question of weapon availability in the United States, the European Union and Poland. In conclusion, the author analyses the psychological consequences of possessing weapons, whether real or electronic. Eventually, he quotes some statistical data concerning the attitudes of Poles towards weapons and their availability.Item PODMIOTOWOŚĆ PRAWNOMIĘDZYNARODOWA JEDNOSTKI(Wydział Prawa i Administracji UAM, 2003) Drobnik, MarcinThe basic bearer of rights in the international law has traditionally been the state, and the state’s supreme function has been to regulate relations with other states. This is visible in the principle of sovereign equality between states governing international law. The classic law does not directly apply to individuals. In certain respects it refers to the category of the individual, but always by means of norms referring to state or international relations. Norms focusing directly on the individual have only recently started to develop. Traditionally, international law has referred to natural persons only through the state, either through the very notion of state or by referring to relations between states. Classic international law is therefore interested in the individual only as a citizen or foreigner and only insofar as this reference is necessary to define relations between the basic bearers of rights, i.e. when a citizen’s or foreigner’s status significantly influences the determination of the states’ rights and obligations in their mutual relations. Another view is visible in regulations relating to military conflicts. In this area the interest of the state in the individual is determined by the state’s position taken in reference to the given conflict, i.e. whether this is an internal or international conflict. The legal system divides the population participating in the conflict into various categories of individuals with clearly differing legal status.Item ZAKRES PODMIOTOWY UCHWAŁ W SPRAWACH CEN I OPŁAT ZA USŁUGI KOMUNALNE ORAZ ZA KORZYSTANIE Z OBIEKTÓW I URZĄDZEŃ UŻYTECZNOŚCI PUBLICZNEJ(Wydział Prawa i Administracji UAM, 2003) Zaborniak, PawełThere is a limited scope of entities covered by the resolutions taken under art. 4 section 2 point 1 of the Polish Act on Municipal Management (ugk). Within this scope there are local governments implementing the budgetary economy and carrying out municipal functions. The above mentioned scope also includes joint-stock companies and limited liability companies that are provincial, county or district legal entities as understood in the local government legislation. As lex internae, the provisions of the aforesaid resolutions can only be binding for entities subjected to local governments and remain optional for all other entrepreneurs and citizens as an offer of municipal services. This offer need not be final and as in any other case it can be modified through negotiations before the contract terminates. Since a resolution made under art. 4 section 2 point 1 of the Polish Act on Municipal Management is not a local law act, entities not subject to provincial, county or district organs must not be obliged to accept any prices or fees and can offer any rates in any course that best suit their needs. It should be emphasised that management internal resolutions do not provide sufficient grounds to impose obligations and therefore no one can be forced to follow them except for organisationally subjected entities. It remains a separate question whether the citizens of a local government unit will be able to use services offered by a private competitor, as otherwise a municipal enterprise could dominate a certain type of services. Lack of such a possibility would mean a direct force to use the services of municipal enterprises, thus indicating the weakness of the local market rather than the omnipotence of the local government.Item WPŁYW OPODATKOWANIA NA WYBÓR FORMY INWESTYCJI BEZPOŚREDNIEJ W POLSCE(Wydział Prawa i Administracji UAM, 2003) Jamroży, MarcinThe paper makes a comparison by means of the net terminal value method the current tax charges of two basic forms of direct investment, i.e. partnership/branch and company. The analysis shows that in the case of a German private businessman or partnership in Poland it is generally more advantageous in terms of tax to establish a partnership/branch than a company. This refers especially to highly profitable investments (i.e. yielding high profits in terms of absolute figures), since the size of the unwelcome progression effect is limited. Also in the aspect of e.g. loss settlement a partnership/branch has the benefit to settle the loss in Germany, which is beneficial due to the negative progression effect. The profitability of a certain investment project should not, however, be judged solely on the basis of the current taxation. During tax planning one should allow for a number of other factors, e.g. shape of mutual contractual relations (transfer prices), method of financing, dividend policy, taxation on occasional events, organizational structure, etc.Item ROSZCZENIA PIENIĘŻNE W SPRAWACH O OCHRONĘ AUTORSKICH PRAW MAJĄTKOWYCH(Wydział Prawa i Administracji UAM, 2003) Kot, DawidThe Polish Copyright Act provides for a number of claims for copyright protection, including pecumiary claims i.e. claims seeking money payment. There are two claims falling under this category in article 79 sections 1 and 2. The first of them is a claim to pay a multiple salary (double or, in cases of culpable violation, triple remuneration at the time of making the claim). The other one, payable to the Art Promotion Fund by the person who committed a violation within the business activity performed on his own or another person’s behalf, payable even to somebody else’s account in the amount of at least double the probable benefits incurred by the violating party as a result of the violation. The Act also mentions claims to return the benefits incurred and claims to redress injuries committed in a culpable act. These claims can have either a pecuniary or non-pecuniary character (return of benefits in kind or redressing injuries by restoration of the former state). Such interpretation of the character of these claims results from respective provisions of the Polish Civil Code concerning unjust enrichment (art. 405) and redressing injuries (art. 363), but this interpretation can also be applied to the currently binding Act, irrespective of the view concerning the relation between claims under the Act and claims under the Civil Code. In the doctrine there is a dispute whether the claim to return incurred benefit, which is secured by consecutive copyright acts can be considered an unjust enrichment claim as understood in the civil code or rather a separate claim different in nature. The civil code appears to emphasise the non-pecuniary character of the unjust enrichment claim and claim for redressing injuries, since it primarily quotes return in kind (art. 405) and redressing injuries by restoration of the former state (art. 363 §1 sentence 1). It may appear, however, that in copyright cases claim for return of benefits incurred and claim for redressing injuries will never have a non-pecuniary form due to the intangible character of the protected good. This is not entirely the case, however. It has long been known that such a claim to return incurred benefits in kind is an adjudicative claim i.e. one that seeks an adjudication granting the copyright bearer the objects that were subject to violation. The preceding copyright acts mentioned only unlawfully produced copies of work but at present under art. 80 section 3 such a claim can be applied only to objects used for unlawful production of copies of work or any other objects other than copies of work that were used for the violation. However, this claim is presently classified by definition as a non-pecuniary claim to remove the results of the violation, despite the fact that there are no sufficient grounds for such a claim in the Act in the area o f economic rights. Although such grounds is sometimes seen in art. 80 section 5, this provision can also be treated as a procedural counterpart of adjudicative claim taken from the material law. Such an adjudicative claim, when interpreted as a claim to remove the results of the violation rather than, alternatively, a claim to return the benefits incurred, fails to have sufficient legal grounds in the Act. On the other hand, it may be argued that the category of a claim for redressing injuries i.e. restitution claim includes a claim to render harmless, in particular to destroy the objects used for the purpose of unlawful production of copies of the protected work or any objects other than copies of the work that were used for the purpose of the violation. Also this claim seems to be a form of the by definition non-pecuniary claim to remove the results of the violation. Alternatively, it may also be seen as a (non-pecuniary) claim for desistence, clearly indicated in the Act among the claims available in cases of copyright violation (art. 79 section 1 in principio). It is therefore possible to include within the category of pecuniary claims only those claims for return of benefits or for redressing injuries that are based on a return of the benefit value and redressing injuries through payment, which will prove dominant in the case of copyright protection. With the above assumption the list of pecuniary claims resulting from the Copyright Act includes the following: • Claim to return benefits incurred, • Claim to pay multiple remuneration, • Claim to pay at least double probable benefit value; • Claim for redressing injuries. All the above claims can be accumulated except for the first two, which occur separately due to deeper historical reasons.Item POZYCJA PROCESOWA STRONY NA ETAPIE WSZCZĘCIA POSTĘPOWANIA ADMINISTRACYJNEGO(Wydział Prawa i Administracji UAM, 2003) Gill, ArturThis paper presents a discussion of the complex procedural position of a party in administrative proceedings at the stage of instigating ordinary first instance proceeding. Unlike appellate proceedings, these proceedings can be instigated both upon a motion of a party and ex officio. Proceedings are initiated on the party’s motion if they seek to influence the party’s rights and therefore end in a decision granting a new right, extend the existing powers, lifting the present obligations or stating inexistence o f obligation. On the other hand, proceedings are instigated ex officio if in consequence of them some new obligations are imposed on the party, i.e. proceedings end in decisions imposing new obligations, extending already existent obligations, or stating the existence of certain obligations. The above lists of legal consequences of decisions ending first instance proceedings only serve as examples. The principle is clear: the party will demand an instigation of proceedings i f it is in its interests and it will remain passive if its interests are threatened.Item SPRAWA LOCKERBIE: KOMPROMISOWY I UNIKALNY CHARAKTER ROZWIĄZANIA MIĘDZYNARODOWEGO(Wydział Prawa i Administracji UAM, 2003) Płachta, Michał; Dąbek, AleksandraThe article presents a discussion of the once famous Boeing 747 crash that killed 270 people - 243 passangers, 16 crewmembers and 11 citizens of the Lockerbie town in southern Scotland. The disaster was caused by a terrorist attack organised by two Libyans. The authors present the complex process of preparation for the trial, analyzing in detail their political, legal and social conditions that led to its internationally unique end: sentencing the defendants by a Scotish court in the territory of the Netherlands.