Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2001, nr 4

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    Spis treści
    (Wydział Prawa i Administracji UAM, 2001)
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    (Wydział Prawa i Administracji UAM, 2001) Kozyr-Kowalski, Stanisław
    The paper contains a critical analysis o f various kinds o f anomy and oligarchic and authoritarian tendencies that have become visible within the Polish institutions of academic democracy. Oligarchy and authoritarianism in the world o f Polish sociology have their roots both in the formal socialist past and in the mechanical transferring principles of „competitive business enterprise” (Veblen) to academic and spiritual work. Anomic competition that presupposes and causes various kinds o f monopoly leads to the poverty and uniformity o f language and thought. Master - lackey relations displace such cooperation and mutual esteem of academic and nonacademic teachers, students and parents that serve the common good. The egalitarianism of average value and the lowest marginal value dominate over the egalitarianism of the highest marginal value. The place of censorship as a profession has been taken by censorship as an inner calling. The system of the academic results evaluation subordinates the quality o f scholarly and didactic work to purely quantitative indicators. The delusive and apparently objective statistics favour the subordination of quality to quantity. Anomic competition generates surrendering to a rule: Omnia pro tempore, nihil pro veritate - everything for circumstances, nothing for truth. Irreconcilable competitors fight against one another by means of grey and black marketing. The rules of anomic competition are directed not only against contemporary scholars, but also against the Founding Fathers of modern social sciences. Competition with the classics is co-conditioned by a search for absolute originality. The paper emphasizes that the present-day reforms of Polish education and science add new values to the Veblenian analysis concerning the transformation of universities into competitive business enterprises and into authoritarian and bureaucratic institutions.
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    (Wydział Prawa i Administracji UAM, 2001) Kwaśniewicz, Władysław
    The recent radical change in the political scene also embraced the Polish sociological traditions. There is a difference, however, between maintaining the continuum of a given branch of knowledge and the anachronistic attitude towards tradition as sacred and requiring care o f consecutive generations of researchers. As Edmunt Mokrzycki claims, our sociology has become eclectic and hardly innovative. One should study move closely the explanatory value o f the theoretical ideas of both the socialist era (Misztal and Misztal) and the period after 1989. There is certainly an acute need for an objective analysis of the impact of socialism upon our society. Sociology on the world scale has become a fragmented collection of loose subject threads rather than a complementary and homogenous intellectual entity. In a market economy the focus of research depends on the current needs and fashions rather than the particular researchers’ value systems. There are, however, issues that social studies should deal with for the higher good o f the community, such as the youth and the real character of socialisation processes in the present Polish conditions. The social mechanisms of authority recognition have changed since the time o f B. Malinowski and F. Znaniecki. Berenika Webster’s analysis of the Polish presence in the Social Sciences Citation Index, may suggest that Polish sociology is becoming provincial. The prevalent attitudes of sociologists in Poland should be named: are they sociocentric (i.e. common - good oriented) or egocentric (i.e. personal - gain oriented)? One can venture the hypothesis that both the commercialisation of science, and the growing pauperisation of the scientific circles, especially among younger scientists, give rise to egocentric attitudes. They are disadvantageous to coordinated cooperation, which is the cornerstone of implementing a specific scientific policy defined as focused actions towards maintaining and developing a given branch of knowledge.
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    (Wydział Prawa i Administracji UAM, 2001) Grzega, Urszula
    In the conditions of an economic transformation it is especially significant to study such elements as the behaviours of consumers and households, apart from some other key factors such as the macroeconomic indices and other economic indices as against the standard of living of the population. These behaviours are conditioned by the economy transformation and they affect the final form of the transformation as well as the extent to which the country’s accepted economic and political goals are attained. Using the results of the studies carried out from the beginning of the 1990s until 1999 the author presents the fluctuations in the behaviours of particular consumer groups towards different groups and services. One could generally conclude that more advantageous attitudes towards the market transformation are observed among those consumers who easily adapt themselves to new conditions, this group comprising young and educated people with higher salaries, often inhabiting urban areas.
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    (Wydział Prawa i Administracji UAM, 2001) Kalupa, Łukasz
    The aim of the article is to present an H-score model for small and medium-sized enterprises (SME) developed by J. G. Fulmer, J. E. Moon, T. A. Gavin, and J. M. Erwin. In the background, the SME sector in Poland is presented and evaluated. Its important role in the economy makes the H-score a very interesting tool for Polish institutions analysing small and medium-sized enterprises, especially that the Polish models fail to evaluate the condition of this sector of the market. The paper consists of three parts. The first one presents an analysis of the current situation in the SME sector in Poland. In order to understand the potential usefulness of the model one needs to realise the importance of one’s knowledge about it. The second part of the paper is devoted to the description of the H-score model: the methodology of the study, the sources of the data, the selected variables, the discriminant function, the H-scale of the discriminant scores and a validation of the firm classification. Finally, the third part contains conclusions, especially concerning the potential applications of the H-score model in the Polish economic terms.
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    (Wydział Prawa i Administracji UAM, 2001) Woś, Jerzy
    The optimal relations between the market and the state has been sought since the beginnings of market economy. In the course of the capitalist system evolution, its basis has remained untouched: dominance of private property and market mechanism. In the recent years the Anglo-Saxon liberal USA model of economy has been particularly successful. It is highly individualized with a fairly limited role of the state. This does not, however, mean that there is no alternative to the liberal free market economy model. There are indeed successful countries where collectivistic values are dominant and where the state plays a bigger role than in the USA. The article discusses some basic issues of interrelation between the two spheres typical of the contemporary capitalist economy: the private sphere, i.e. the market, and the political sphere, i.e. the state. These issues are discussed within the framework identified already in the economic literature, namely of such contemporary market economy models as: the Anglo-Saxon, the one of the Rhone region, the Japanese, and the Scandinavian ones.
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    (Wydział Prawa i Administracji UAM, 2001) Marchewka, Kamilla
    The article analyses the functions played by money and financial capitals. The theoretical distinction of the above mentioned resources and their functional definition creates a number of controversies on the theoretical level concerning the manner of characterizing the above mentioned resources and the further application o f these conclusions among other things for the formulation of a statistical form of money. The Author draws attention to the macroeconomic view of financial capitals which can be considered synonymous with money savings. In this context they are the income-based resources occurring in the economy, being the unused part of money devoted to consumption.
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    (Wydział Prawa i Administracji UAM, 2001) Cyrson, Edward
    Some rapid and profound changes have been taking place in the contemporary corporate environment. The most powerful of them is a revolution in the economics of information. It acts as a catalyst and accelerator for all other industries. These changes are undermining the foundations of the present analysis of the competitive strategy, its logic and practice. The basic analytical tool of competitive advantage - i.e. the vertically integrated value chain is coming under attack. Its effectiveness had been supported by the information asymmetries that held the value chain’s layers together. Not anymore, though. The rapid development of information technologies enables an open and virtually cost-free exchange of information of all kinds, and it is now melting this asymmetry. Its immediate consequence is an unprecedented separation of popular layers of the vertically integrated value chain into stand-alone, narrowly defined businesses. Therefore, competitive advantage across the entire value change no longer matters, as it is advantage in each layer that counts. As a result, the new unit of strategic analysis is the layer. The above deconstruction of the traditional vertically integrated value chain motivates an emergence of new types of competitive strategies: the orchestration, seizure, creation and integration of the links.
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    (Wydział Prawa i Administracji UAM, 2001) Sychta, Katarzyna
    The fact of applying the principle of invalidity to rehabilitate persecuted persons raises a number o f doubts about the legal validity of the repressing verdict. The underlying assumption of invalidity is that a given verdict is considered non-existent in the light of the law, that is unable to have the intended legal effect. Such a condition is legally invalidated from the moment of making the decision, not from the moment of issuing the decree on invalidity. Through the analysis of this and some other features of rehabilitation process normalization, the Author arrives at the conclusion that there is a need to separate the institution used to invalidate a given category o f verdicts from the mode of the invalidation. The institution of unconditional invalidity is significant only i f a repressing verdict is invalidated through a trial. The sole fact of its application determines the sort o f verdict issued in the course of the proceedings (decision), as well as the forum where it is issued (session), the decision taken (the pronouncement o f invalidity or a refusal to pronounce it), and the mode in which the legal status of the repressing verdict is lost. By no means does this institution affect the legal character of the proceedings in which the invalidity is pronounced.
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    (Wydział Prawa i Administracji UAM, 2001) Pohl, Łukasz
    At the outset of the article the Author critically discusses terminological issues related to the Article 298 of the Penal Code. The offence of staging an accident in order to obtain an indemnity has been included in chapter XXXVI Penal Code, which means that it has been classified as an offence against economic relations. The proper object of protection is in this case the security of economic relations, while the direct object of protection is the convenience of insurers and the closely related and mutually conditioning interests of both insurers and the insured parties. Later on in the article the Author focuses upon the offence subject and the features determining the enforcement proceedings. Finally, he deals with the subject since he considers that an offence specified in Art. 298 of the Penal Code is an oriented offence, which means that it is determined by a specific aim (obtaining the indemnity). The Author also discusses the institution of the so-called active repentance, according to which a person is not liable to a penalty if he voluntarily prevents the payment of indemnity before the beginning of the proceedings.
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    (Wydział Prawa i Administracji UAM, 2001) Małecka, Hanna
    Harmonizing the Polish indirect tax regulations with the European Union law is one of the necessary conditions of our membership in this organization. The current Polish financial service market is inconsistent with the EU accepted standards. The article analyses the financial service taxation in Poland and suggests some possible ways of its improvement. The specific character of financial services in particular European countries is determined by a number o f conditions and therefore only common standards can be maintained. Financial services are becoming increasingly significant in the international markets and they gradually become also more popular with Polish business entities.
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    (Wydział Prawa i Administracji UAM, 2001) Rodzynkiewicz, Mateusz
    The aim of the article is to order the views on the relational view of fault expressed so far in the Polish literature, as well as engage in polemic against some authors and point out some relevant aspects not discussed so far. The author dismisses the popular criticism of positioning the culpability relation on the axes of the subject’s behaviour and the legal system. Perceiving the relation bearing criminal responsibility probably gives more interesting implications than maintaining that this relation occurs between the offender and the offence. The Author also postulates that the relational view of fault can be made consistent with the so-called pure normative view, remaining in opposition to the psychological and comprehensive views. This is the point where this sort of relational view differs significantly from the view referring to the relation „subject-act”, as this latter approach is more consistent with the psychological or comprehensive theory of fault, and it is not really in line with the pure normative view. The Author supports the view about the ambiguity of the concept of fault in the criminal law.
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    (Wydział Prawa i Administracji UAM, 2001) Zdanowicz, Mieczysława
    The Maastricht Treaty on the European Union of February the 7th 1992, modifying the Treaty on the European Union, introduced the new institution of the Union citizenship. This type of citizenship embraces the citizens of the member states. Also the citizens of the Republic of Poland shall be addressed by these provisions, irrespective of their will. The analysis presents unarguably that the Union citizenship does not have an identical status as the national citizenship. It is believed that it will not replace the national citizenship but the two citizenships will rather function in a parallel manner. Maybe, under Article 20 (8c) of the Maastricht Treaty, the list of the rights secured for the Union citizens will be expanded or developed, but at any rate a national citizenship holder will be granted additional rights by the virtue of becoming an EU citizen. The rights resulting from the EU citizenship may also be extended even at the expense of the rights resulting from the national citizenship. The Polish legislature is only partly consistent with the scope of rights resulting from the Union citizenship, in the remaining part it will have to be adapted to the Union law within the general process of harmonizing the two legal systems.
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    (Wydział Prawa i Administracji UAM, 2001) Ciapała, Jerzy
    The purpose of this article is to analyse the constitutional principle of business activity freedom. It should be emphasised that the Author refers to the conceptions elaborated by the Polish theory of law. It is therefore a comparison of the constitutional regulations with the precise terminology. The Republic of Poland shall guarantee the freedom of business activity. Some restrictions of this freedom may be imposed only by means of statute or when the public interest is threatened. The former constitutional binding norm „regardless of the type of ownership” has been abrogated. Consequently, according to the Constitutional Tribunal ascertainment, the freedom should be related to private enterprises, not to public ones (i.e. owned by the state or local governments). The constitutional principle is analysed through 4 issues: 1) the ways of understanding the principle in the course of the Constitutional Committee’s work (1993 - 1997), 2) the question of how to relate and interpret the principle within another principle - the so-called social market economy, 3) the essence of legal constitutional regulations, 4) some decisions of the Constitutional Tribunal which influence and determine the legislation.
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    (Wydział Prawa i Administracji UAM, 2001) Sługocki, Janusz
    The contemporary idea of a self-government administrative unit in Poland (named a „self-govemment province” by the legislator) results from many years of debates over the possibility to build democratic local authorities of this level with reference to the national traditions and the western European models. The Polish regional reform has gained in significance in the recent years as the role of the regions has grown significantly both within the particular member states and in Europe as a whole. Quoting the provisions of the Polish Constitution and the relevant parliamentary acts, the Author discusses the Polish regional reform and the particular provisions regulating the creation and work of the local authorities, comparing them to the systems already existing in the Western Europe. In this discussion the Author quotes above all the provisions of the European Charter of Local Self-Government and the European Charter of Regional Self-Government passed by the Congress of Local and Regional Authorities in Europe in June 1997.
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    (Wydział Prawa i Administracji UAM, 2001) Nestoruk, Igor B.
    The aim of the article is to present some selected problems of offences prosecuted on the injured person’s motion against the background of the binding regulations of the Polish and German criminal law. The prevalent pattern followed in the paper is: „case - solution” and the examples provided are all practice-based. The starting point of the discussion is a historical perspective of the motion for prosecution and then the dogmatic grounds of the motion construct in both systems is presented. The following points are investigated in greater detail: firstly, the place of the motion in the broadly understood system of the criminal law (the motion being an instance of departure from the rule of prosecuting ex officio)', secondly, the legal nature of the motion and, thirdly, the legislative principles of applying this mode of prosecuting in both countries. Furthermore, the author extensively discusses the problem of classifying the offences which can be prosecuted following a motion as well as the issue of statutory definitions of such notions as „next of kin” and „injured party”. The legal comparative method allowed to draw upon the broad experience of the German legal studies. The so-called herrschende Meinung, commonly accepted in Germany, provides a number of examples implying the existence of both major similarities and glaring discrepancies when it comes to the treatment of the selected issues of torts prosecuted on a motion.
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Ministerstwo Nauki i Szkolnictwa Wyższego