Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1988, nr 1
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Item Proces motywowania i warunki jego skuteczności w przedsiębiorstwie(Wydział Prawa i Administracji UAM, 1988) Penc, JózefHuman conduct is in particular circumestances determined by a set of interconnected motives constituting motivation. Motivation needs to be purposefully shaped through creating for employees means and motivating situations which enable them to attain preferred values. Among such values a special role is played by remuneration which is necessary to fulfill various needs of an employee and his/her family. Remuneration may and should be an important factor of stimulating motivation and directing productive behaviour of people. However, if it is to perform such a role, specific rules concerning the composition and forms of application of pay must be observed, and various reinforcing activities indirectly influencing its motivating function must be undertaken. Its efficient fulfillment of such a function, i.e. the function of stimulating productivity and quality of work, depends on the following factors: buying power of money, actractiveness of the market, ways of obtaining raises in pay, a system of pay promotion in force, a structure of needs satisfied by means of pay, spread of income differentiation and ways of its reduction, connection between pay and effectiveness of work, forms of remuneration, internal structure of pay and psychophysical characteristics of employees, defining the level of their readiness to work depending on their living and working conditions. All those factors exert an influence in many ways and to a different degree on the employees' motivation, on its direction and intensity. It is indispensable to know and employ those factors in the process of motivating, for only an integral, systematic approach to motivation may guarantee its correct understanding and application in managing the work process and in increasing the employees' committment in their work and duties.Item Spis treści RPEiS 50(1), 1988(Wydział Prawa i Administracji UAM, 1988)Item Zagadnienie reintegracji terytorium państwa a prawo ludu do samostanowienia(Wydział Prawa i Administracji UAM, 1988) Tyranowski, JerzyDuring a decolonization process there appeared a complicated problem of non-self-governing territories which earlier, i.e. in the period of their colonization, had been separated from states existing until today. Some of such states raise claims to restoration of integrity of the territory which was earlier subjected to colonial authority. Legal character of such claims was in particular acknowledged in the International Court of Justice advisory opinion on Western Sahara. Thus within the decolonization process — and only then — may territorial claims founded on historical titles be raised. A characteristic feature of such claims is that they are not directed against territorial integrity of any state: they concern colonial territories. Yet they may still collide with a right of a given colonial people to self-determination. Hence, what prevails in such a situation: a claim of a state to restoration of its territorial integrity or a right of a colonial people to self-determination? Having analysed the best known situations (Goa, gong-Kong, Makau, East Timor, Belize, The Falklands-Malwins, Gibraltar, Western Sahara) the author attempts to formulate several conclusions in that respect. The author is first of all of the opinion that in view of common recognition of a right of colonial peoples to independence a former title to sovereignity should in no circumstance precede over a right of those peoples to self-determination. If a given colonial territory existed for a long time under a recognized status of non-self-governing territory and now a people living on that territory expresses its will of retaining that separate status through forming its own state, then such a situation may resemble an act of a successful secession: a claim to restoration of territorial integrity is no longer allowed. The above conclusion is all the more justified in cases of former colonial territories where newly independent states have already been established. A different situation arises with respect to colonial territories with population not constituting a people in the sense of a right to self-determination. Here, in the absence of other criteria distinguishing a people as a bearer of a right to self-determination, the basis for a solution may be only the principle of effectiveness. Only on the strength of criteria resulting from the said principle may a refusal to recognize a right to sovereignity of inhabitants of a colonial territory (i.e. a refusal to recognize them as „a people") be justified. In such cases claims to restoration of territorial integrity are allowed. Moreover, in view of the requirement of a complete abolishment of colonialism, such restoration of integrity seems to be the only possible solution.Item O pojęciu i rodzajach interesów w prawie pracy(Wydział Prawa i Administracji UAM, 1988) Sanetra, WalerianThe term „interest" appears in different contexts in numerous labour law provisions. In his article the author analyses different concepts of „interest" in Polish labour law and formulates their typology. In particular, he analyses the concept of „the employee's interest", „the interest of an enterprise", „the interest of the factory crew". The author states that in labour law the concept of „interest" is connected in particular with the activity of trade unions which are appointed by law to represent and protect the rights and interests of employees. A characteristic feature of the trade unions' activity is that it is carried out not only in the interest of their members but in the interest of all employees. The author discusses separately the enterprise interest represented by the manager and the interest of the crew acting through their organs. In the author's opinion, a separate character of the enterprise and crew interests should not be questioned. A more clear distinguishing between different interests (interests of an employee, of a crew, of an enterprise, of a trade union: branch, regional, general) and allowing those interests to appear and collide secures higher economic and social efficiency of the economic and political system. It also leads to strengthening the position of enterprises and crews as parties of collective labour relations. Besides, the author distinguishes enterprises which are bound to carry out the interest of the state, not their own interest, because of their links with state organs or their functioning as state organs.Item Problematyka podatku od wartości dodanej(Wydział Prawa i Administracji UAM, 1988) Komar, AndrzejThe subject-matter of the considerations is the construction of a value added tax. The author comments on the issues of the tax assessment basis, tax rates and the methods of calculating the said tax. Special attention was focused on the concept and range of the tax assessment basis since it makes it possible to show the consequences of that tax. The author presents economic, fiscal and social effects of a value added tax. The considerations are illustrated by examples taken from the tax legislation of the EEC countries among which only Greece does not provide for a value added tax. The author refers to postulates of introducing the said tax in Poland. He claims that at present the economic and financial situation in Poland is not mature enough to introduce a value added tax. Therefore he declares first for eliminating the dualism in taxing the turnover and for introducing one tax instead of two taxes applied at present. The turnover tax which is actually under preparation should be a multiple tax with the traits of a value added tax. It would facilitate a gradual transformation of a turnover tax into a value added tax. The author declares for the tax protection of consumption of the poor.Item Zakres regulacji statutu samorządu załogi przedsiębiorstwa(Wydział Prawa i Administracji UAM, 1988) Sowiński, RomanThe author, having presented and characterized the most important problems which should be analysed while determining legal character of a statute of a self-government of an enterprise crew focuses his attention on the range of statutory regulation and on ties linking the self-government statute with the Act of the Diet (Sejm). According to the author the said ties may be described as a) the relation of transferring, b) the relation of complementing c) the relation of developing, and d) the relation of free regulation. A self-government statute cannot be treated as an executory act to only one Act of the Diet. It may contain provisions referring to different Acts, all of them forming sui-generis „self-government law". The author classifies statutes from the point of view of methods of determining the range of statutory regulation. He distinguishes between several separate types of statutes, from „closed" ones — the contents of which is established exclusively by a legislator, to „open" statutes — with the contents shaped freely by the subject laying down the statute. The article presents the conception of treating an enterprise statute and a statute of a self-government of an enterprise crew as a „union of two equivalent organizational acts". The author offers arguments for the above standpoint. In his opinion the Acts of September 1981 form a „new quality" in the field of internal regulation of enterprises.Item Problemy postępowania zabezpieczającego w sprawach cywilnych(Wydział Prawa i Administracji UAM, 1988) Zedler, FeliksThe author criticizes the present solutions on the grounds that they are not adequate to the actual socio-economic conditions. In particular, injunction is not available in all civil cases and against all types of parties. The main part of the article sets forth the postulates as to the future changes in injunction proceedings. For example, the author suggests that injunction should be allowed in all civil cases and the forms of injunction should be more diversified than they are at present.Item Treść umowy kontrzakupu w międzynarodowym obrocie handlowym(Wydział Prawa i Administracji UAM, 1988) Olejniczak, AdamCounterpurchase contract is one of more frequently concluded countertrade transactions in international trade. Like other countertrade transactions, it is not separately regulated in Polish law. The basis of any attempts to systematize these phenomena and to examine their legal character must be the analysis of their contents. In particular, the analysis of stipulations of a counterpurchase contract, i.e. a specific and characteristic type of such transactions, should be carried out. The author defines a counterpurchase contract as a type of a countertrade transaction in which the exporter obliges himself to purchase from the importer, or from any other person indicated by the latter, goods for the value being usually in proportion to the cost of the export transaction. In his article the author analyses: the stipulation of a counterpurchase contract formulating the duty to conclude in future the execution contracts — the indication of the volume of an obligation, type of goods and prices (sec. 3), clauses typical for international trade contracts — reexport clause, binding force clause, arbitration clause and property clause (sec. 4), stipulations determining the performance of an obligation — time limit, the certificate releasing from the obligation (sec. 5), indications of legal consequences of non-performance — stipulated penalties and the consequences of paying them.Item Konkubinat w świetle prawa państw socjalistycznych(Wydział Prawa i Administracji UAM, 1988) Szlęzak, AndrzejThe article offers remarks on the legal status of marriage-like unions in those of the socialist countries which dealt with that issue in the past (the USSR) or do it at present (Yugoslavia, Hungary). The first of the latter two countries chose to equalize — to a various extent in various republics — the status of informal marriage with that of its formal counterpart; the second follows the model resembling the approach adopted in some of West European countries (eg. West Germany, France, England) consisting in introducing regulation aimed at the elimination of injustice and inequalities between the cohabitating partners resulting from hitherto existing norms, without infringing the priviledges reserved for a formal marriage. In turn, remarks concerning the law of the USSR present the regulation in force in years 1926 - 1944, where legal effects of a so-called factual marriage were identical, or close to identical, with the legal consequences of marriage concluded in a civil registry office.Item Sądowe ustalenie ojcostwa na tle badań akt sądowych(Wydział Prawa i Administracji UAM, 1988) Działyńska, MałgorzataIn her article, the author presents the institute of establishment of paternity in the light of empirical analyses of records of proceedings. Under examination were 238 cases closed,in years 1984-1986 in one district court operating in a large town. The research revealed that an important impulse making mothers start proceedings for regulating their children's filiation situation is the need to find material means to bring up and educate the children. Interestingly, seldom do plaintiffs raise claims concerning two non-financial issues, i.e. vesting parental authority in a father and granting a child the father's surname. Relatively frequent are in suits for establishment of paternity the defendants' declarations of voluntary recognition of paternity (48% of cases). Furthermore, judges too often urge defendants to issue such declarations. The author disapproves of the courts' practice of underestimating biological proofs, especially a serological expertise of the 2nd degree. At present such an expertise concerning HLA system is rarely performed and most often not before but after anthropological examination. The author is of the opinion that more efforts should be made to spread the application of new biological methods in filiation suits.Item Etatyzm w polityce gospodarczej państwa kapitalistycznego(Wydział Prawa i Administracji UAM, 1988) Romanow, ZbigniewEtatism, one of the forms of state interventionism, is defined in the literature as a means of economic policy consisting in earring out by the capitalist state direct economic activity, with the state being an enterpreneur acting on its account and risk. While state interventionism denotes all possible forms of state intervention in economic processes, etatism is treated as a policy of active shaping the economic life by the state as an economic subject using direct means. Etatism still occupies an important place in political economy of capitalist countries, especially those being in the state-monopolistic stage. Despite this, in our economic literature (including university handbooks) and contrary to the situation in years 1918 - 1939, etatism is not called "by its name" and is tacitly identified with state interventionism. Furthermore, etatism is not reflected in classifications and characteristics of means of state interventionism. It makes it difficult or even impossible to understand the essence of etatism, its role in state interventionist policy and the results of its application in particular developmental stages of capitalism. Therefore, in the article an attempt to present in a historical perspective the process of applying etatism in economic policy of a capitalistic state has been undertaken. State property has existed in capitalism since the early days of that formation. In fact it was reduced (besides the period of the rise of capitalism within feudalism) to some spheres (to a so-called public utility sphere) and as such it played a passive role in the mechanism of functioning of economy. The formation of state property and etatism after the 2nd World War in conditions of a structural crisis of monopolistic capitalism brought about the in elusion of the economic role of the state into the mechanism of functioning of the economy. The purpose of the state in state-monopolistic capitalism was to introduce structural, organizational and market changes in the economy through direct and indirect means of interference. In that process etatismy is the fullest expression of state interference in economic life. Attempts at reprivatisation carried out in recent years by conservative governments of some capitalist states do not mean any intention to return to liberal economy. They are mostly connected with the change in the structure of state property. The state continues to possess and develop those branches of economy which in its opinion have priority for a further economic developments The problem consists not in rejecting state interventionism, including etatism but in the scope and forms of state interference in economic processes.Item Teoria konkurencji ekonomicznej. Próba oceny stanu badań i koncepcji(Wydział Prawa i Administracji UAM, 1988) Kośmicki, EugeniuszA theory of economic competition occupies a very important place in political economy, though its role is often underestimated and seldom correctly understood. Hence, the main purpose of the article is to undertake an attempt to evaluate the state of research and theory in that respect and to explain the essence of that theory, with critical reference to the existing research results. The article includes considerations on historical conceptions of competition (comprising A. Smith's dynamic conception of free competition, the model of ideal competition and the conception of monopolistic competition), the analysis of a modern conception of so-called "effective competition", the considerations on the functioning of an enterprise within oligopolistic structures and theoretical foundations of state policy of competition carried out presently in capitalistic countries. The following types of competitive behaviour have been distinguished: creative, adaptative and stabilizing. Besides, attention is paid also to strategies of curbing competition and to functions ascribed to competition. The most important part of the article is an attempt to explain theoretically the process of economic competition. The said process includes such basic elements as: the conditions of functioning of competition, the mechanism of competition and various consequences of that process for the economy. Only a general analysis of competition makes it possible to understand the essence of that process, to evaluate the existing theoretical conceptions and to carry out appropriate policies in favour of retaining competition. Competition is also of great importance in conditions of implementing the economic reform. Allowing more room for competition will influence the efficiency of economic activity in conditions of a socialist economy.Item Planistyczne rachunki sfery produkcyjno-eksploatacyjnej przedsiębiorstwa(Wydział Prawa i Administracji UAM, 1988) Dąbrowski, ZdzisławThe purpose of the article is to shed light on foundations and mechanisms of keeping planning calculations of a production-exploitation sphere of state enterprises, on decision-making processes appearing in that field, their interrelations and economic consequences. In particular, the subject-matter of the analysis are planning calculations of the said sphere characteristic for the imperative-distributive system, and then planning calculations induced presently by the stipulations of the economic reform governed by the ideas of parametric model conceptions. The decision-making sphere connected with the production-exploitation sphere is very wide and diversified, yet the most important decisions are those pertaining to the sequence: production — human factors of production — employees' remuneration, where an adopted system of interactions and methodological sequences of solutions are decisive for efficiency, effectiveness and dynamism of the activity of an enterprise. Having criticized a hitherto existing, traditionally shaped system of planning calculations, the author postulates to introduce a sequence of a set of planning calculations based on the formula: production — productivity — employment — remuneration fund, that differs diametrically from deeply-rooted praxis of our enterprises and is fully in agreement with parametric solutions of the present economic reform. At the same time it is the only possible and theoretically rational procedure of initiating planning decisions concerning the process of shaping the most crucial economic parameters which are of key importance for functioning of the production-exploitation sphere and for overall activity of an enterprise.Item Plan społeczno-gospodarczy gminy a sterowanie jej rolnictwem(Wydział Prawa i Administracji UAM, 1988) Śniegowska, DanutaThe article is centered upon the conditions of the independent management of communal agriculture by local organs of state authority and administration and on the participation of those organs in planning and steering the agricultural production. The article discusses the notions of "steering" and "planning" and their interrelations in managing the agriculture in a commune. The object of managing is the agricultural production, the subjects of steering are all agricultural producers irrespective of the sectors they belong to, and the subjects of communal planning are farms designated in a plan (at present only private farms). Besides the introduction and conclusions, the article contains two main parts. The first is concerned with theoretical grounds of steering the agriculture and with the symptoms of the communal organs' activity in steering the agricultural production. The second part contains the remarks on the scope and forms of a socio-economic plan of a commune with respect to agriculture. The author points out to the indicative character of communal plans drafted at present. The author concludes that at present the degree of independence of local organs of state authority and administration in managing the development of agriculture in their territory is insignificant. The above referrs both to steering and planning since local organs are not authorized to determine the steering norms, nor have they adequate means to carry out independently the plans. Local organs are in the first place the executors of the state policy and their activity as the representatives of the interests of a local community is limited.Item Wybrane problemy koncentracji i centralizacji ziemi w PGR w Polsce(Wydział Prawa i Administracji UAM, 1988) Ławniczak, IrenaThe subject-matter of the article is to present the process of concentration, déconcentration and centralization of land in the state sector of Polish agriculture in years 1950 - 1984. In turn, the purpose of the work is to find whether those processes were an objective phenomenon resulting from the level of development of production forces or — to the contrary — whether they were a consequence of administrative and political decisions made by central economic authorities and typical for a centralized, nonparametric system of management. The article is divided into two parts: theoretical and empirical. In the first part the author presents the object and purpose of concentration and centralization of land in agriculture. In the second part she points out to the stages and sources of concentration, déconcentration and centralization of land. In concluding remarks the author proves that the process of concentration did not influence the improvement of the efficiency of production expressed in terms of increased final production and increased production per 1 ha of arable land. To the contrary, the author also indicates that concentration and centralization are objective processes, and that they are an effect, not a cause, influencing the level of development of production forces in agriculture. Therefore, exhorting the concentration, especially in the state sector, brings about many consequences not only of economic but also of social and political character. Economic praxis have demonstrated that some administrative decisions in that sphere, especially those issued in the '70, have weakened the alliance between farmers and workers.Item Źródła dochodów rolniczych spółdzielni produkcyjnych(Wydział Prawa i Administracji UAM, 1988) Poczta, WalentyMost cooperative farms carry out diversified activity in the field of production and services of agricultural and non-agricultural character. The aim of the article is to determine income functions of various sectors and to determine their profitability. Research was based on the study of about 100 cooperative farms in Poznań province. The following sectors have been distinguished: agricultural production, divided into stock and vegetable production, agricultural processing, services and the remaining production. Economic effects have been presented by means of three income categories: farm income, gross income and net income. Costs for respective sectors were calculated on the basis of the accounting system in force in cooperative farms. Profitability of particular sectors was calculated by comparing costs and income. The analysis shows that the profitability of, production in cooperative farms and in their separate sectors was subject to annual variations. Thus, the income function of separate sectors was also subject to annual changes. However, one may state with certainty that non-agricultural sectors are more significant providers of income in cooperative farms than in other branches of agriculture. Besides, non-agricultural sectors showed usually higher profitability than agricultural production sector. However, vast differences appeared within agricultural production. Vegetable production was always profitable and brought high income, whereas stock production was characterized by low profitability and in some years was even unprofitable. Thus, finding a solution for the problem of low efficiency of stock production is of vital importance for cooperative farms. The article proves that efficiency of agricultural activity is to a great extent determined by the structure of production.Item Efektywność gospodarstw indywidualnych według skali produkcji i produktywności ziemi(Wydział Prawa i Administracji UAM, 1988) Wysocki, Feliks; Gołaś, ZbigniewThe article contains the analysis of the efficiency of private farms according to the scale of production and the productivity of land. The research comprised farms specializing in cattle- and hog-breeding. The farms were divider into 4 classes with respect to the scale of final production brutto: to 250, 250-500, 500- - 1000, 1000 - 2000 thousand zloties per farm and within each class into 3 levels of land productivity: the value 0-50, 50-100, 100-200 thousand zloties of final production brutto per 1 ha of arable land. The research reveals that the productivity of farms grows together with the increase of scale; improved were in the first place the economic results, especially in farms with high level of land productivity. Satisfactory results with respect to efficiency and income achieved farms with the scale of production of 500 thousand zloties and more. In cases of high productivity of land it was possible already in farms with as little as 6 ha of arable land. However, since most of the farms were characterized by a medium level of land productivity, the area enabling to achieve satisfactory economic and financial efficiency should be equal to 10 ha of arable land. The results point out to the necessity of quickening the processes of concentration in private farming, first of all through rationalizing the land turnover, increasing the supplies of technical means of production to agriculture and through a more flexible policy of shaping sale prices of farm produce and means of production.Item Kultura klasy robotniczej w warunkach kryzysu społeczno-gospodarczego. Uwagi teoretyczne(Wydział Prawa i Administracji UAM, 1988) Żygulski, KazimierzThe main problem considered in the article is the influence of the socioeconomic crisis on the working-class culture. The 1929 - 1933 crisis brought about a decrease in real incomes of employed workers, a decrease in buying force of money what in turn resulted in changes in workers' family budgets. Cultural expenses, expenditure on press, movies, books were either drastically reduced or eliminated at all. Research on workers family budgets in those years indicates that expenses on culture belonged to a group of needs covered with the smallest minimal part of income. With respect to the unemployed, various social, philantropic and charity institutions attempted to create for them some possibilities of participation in cultural life through establishing clubs, community centers or libraries. However, those efforts were a limited success, since they were sometimes regarded by the unemployed as attempts to create a substitute for cultural life, attempts to create appearances of care. The Polish socio-economic crisis of the '80 deeply infringed upon the established rhythm of a worker's life, including the rhythm of his cultural life. The latter is determined by days-off, holidays and the rhythm of mass-media with television and its regular programmes in the forefront. The crisis infringes upon those rhythms in various ways, usually to the detriment of cultural life, which becomes reduced and incidental. However, the crisis results in a significant deterioration of material status of workers, making them reduce all expenses. In effect, the expenses on culture drop to a remote place in the hierarchy of expenditure in family budgets. The issue of workers' participation in cultural life includes also other problems which became evident in recent years and which are subject to analysis in the last part of the article. To those problems belong: a) a decrease in production of cultural goods and market shortages of such goods (in such cases workers have the smallest chance of purchase); b) the sharpening of relations between groups and the revival of latent conflicts (it brings to light moral problems of social life); c) the dissemination of exaggerated images of remote and rich countries where it is easy to find good jobs and pay; d) an increased interest in the past and frequentidealizations of that past. Despite its negative influence on cultural life of workers, the crisis acts also as a stimulus for the workers' own creation. In recent years workers' literary, theatrical and musical activity, to a smaller extent their fine arts production, have been considerably intensified. The said creativity reflects contemporary problems experienced by various workers' communities and therefore it is an important document of our times.Item Podejście prognostyczne w badaniach naukowych(Wydział Prawa i Administracji UAM, 1988) Czarkowski, AndrzejOne of the conditions of ensuring to prognoses the image of the future consistent with the reality is the way of treating the future by means of a „prognostic approach". It is seldom explicated in research, yet it functions in a more or less conscious way. In effect it is either characterized by a weak theoretical justification or it is burdened with narrow pragmatism. Each prognosis should be based on a so-called initial state, i.e. the knowledge of a researched object. Otherwise one will obtain a forecast, not a prognosis. An important problem to be considered here is the question about relations between a prognosis and the future reality. A prognosis creates the imagined reality. However, the above does not settle the question whether the propositions about the future are true or false. Another question concerns the character of prognostic procedure. One deals here with prognostic hypothetism referring to objects which will appear in future or to objects which already exist yet may undergo changes or disappear later. Prognostic hypothetism is a justified explanation of the future reality. Sometimes in research praxis it happens that the object of a prognosis is treated as an autonomous entity, with an acting human being eliminated from the analysis. In order to avoid the above, a prognostic approach should comprise both bojective and subjective factors as basic elements of a social process. An objective factor denotes the results of human activities, material bases and conditions of those activities. A subjective factor denotes puposes, values, the state of knowledge of the reality and the entire sphere of motivation to which also the prognosis about the future belongs. Needless to say, it does not mean that the future will be in agreement with the intentions of acting subjects. Treating both factors integrally not only defines their role in creating the future, but is the basis for explaining it as well.Item Przegląd piśmiennictwa RPEiS 50(1), 1988(Wydział Prawa i Administracji UAM, 1988)