Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1991, nr 1
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Item Spis treści RPEiS 53(1), 1991(Wydział Prawa i Administracji UAM, 1991)Item Refleksje nad reformą prawa pracy(Wydział Prawa i Administracji UAM, 1991) Szubert, WacławThe reform of the labour law, carried out presently, aims at replacing the syjstem of imperative planning and managing excuted by the State with the democratic legal order based on the idea of respecting the sovereignity of parties to the labour relationship and of their representative organs. However, the chaiiges in the labour law must be in agreement with actual changes in the economic sphere if this branch of law is to maintain its adequacy and efficiency. Besides, attempts should be made to avoid overregulation, especially with respect to collective conflicts (strikes), for the latter are the challenge that can hardly be contained by the use of legal measures.Item Konstytucja rocznicowa czy konstytucja wiekopomna?(Wydział Prawa i Administracji UAM, 1991) Pospieszalski, Karol Marian; Ziembiński, ZygmuntThe article addresses the central issue of works conducted at present on the new Constitution of the Republic of Poland. In particular, it lists arguments speaking for the acceleration of these works and the adoption of the new Constitution in time for the 200th Anniversary of the first Constitution in Europe, the Polish Constitution of 1791, and the arguments speaking for the retention of Constitutional provisorium resulting from the Constitution of 1952, the retention of which would make it possible to draft the Constitution in the way that could reflect a stabilized situation in post-communist Poland and could provide precise and accurate legal solutions, with good prospects for securing the stability of the Polish Constitutional order.Item Problemy opodatkowania ludności w Polsce(Wydział Prawa i Administracji UAM, 1991) Łączkowski, WojciechThe proces of constructing a new tax system in Poland must take into account the requirements of market economy and political principles of a democratic State. In connection with Poland's will to join the EEC, the system of taxation must be adjusted to international standards of harmonization and unification of taxes, also with respect to the taxation levied on population. The taxes introduced in 1990 and the drafts of new tax legislation submitted to the Parliament respect in principle these requirements. These drafts refer both to direct as well as indirect taxation. Among direct taxes of basic importance is income tax payable by natural persons (to be in force since Jan. 1, 1992), some local taxes collected by self-government budgets, as well as taxes payable incidentally, such as inheritance tax. Among indirect taxes of basic importance is VAT, called in Poland „tax on production and services" (to be in force since July. 1, 1991). It is modelled on similar taxes in force in developed countries. Although a general direction of changes in tax legislation is progressive and aims at constructing a modern system, some tax constructions show defects, such as semantic shortcomings or system incoherence, resulting from reforming tax legislation in segments rather than changing the whole system. Besides, an excessive fiscalism, apparent especially in indirect taxation, although possibly unavoidable at present, may also be considered a defect. It will probably disappear once inflation is elimanated. Such are the intentions of the Government.Item Z problematyki nadzoru nad finansami komunalnymi(Wydział Prawa i Administracji UAM, 1991) Małecki, JerzyThe creation of financial foundations of the activity of communes in Poland is well behind the political transformations. The legislator has made some mistakes in the legislative technique. In 1991 two important statutes should be prepared and passed: the law on communal finances and the law on financial supervision over communes. The article discusses different conceptions, as well as advantages and disadvantages of various supervisory solutions. The author postulates to vest supervisory powers in the organ appointed jointly by the self-government and the government. In future, it may be reasonable to create an independent financial court that would examine the legality of activity carried out by communal unions and units subordinated to these unions.Item O nowy model obrotu państwowymi nieruchomościami rolnymi(Wydział Prawa i Administracji UAM, 1991) Zieliński, AndrzejThis article is an attempt to outline a new moder of the conveyance of farms. The author postulates to abandon the administrative intervention in that sphere; instead, he proposes to employ the instruments of the civil law only. The title to use state farms should be the right of ownership or lease. The lease provisions should be adapted to the specificity of agricultural lease. The conveyance of state agricultural land should be regulated by a single act. The best suited for such purposes seems to be the Civil Code.Item Charakter prawny umów kompensacyjnych(Wydział Prawa i Administracji UAM, 1991) Olejniczak, AdamThe article presents the analysis of legal qualification of counterpurchase contracts in the light of the Polish law. The subject-matter of the analysis are: the counterpurchase contract as a final sale contract, as a contract for negotiations, as a preliminary contract, and as a frame contract. The author is of the opinion that counterpurchase contracts may most often be qualified as frame contracts.Item Świadkowie czynności egzekucyjnych(Wydział Prawa i Administracji UAM, 1991) Knoppek, KrzysztofThe article presents legal character of the institution of witnesses for acts in executory proceedings. The author proves that such witnesses should be included into the category of witnesses appointed to legal transactions. The provisions of the Code of Civil Procedure on evidence by witness do not apply to witnesses for acts in executory proceedings, even though one of the functions of witnesses for acts in executory proceedings in securing the evidence for judicial proceedings which may be started in connection with the executory acts performed. The participation of witnesses in executory acts does not take place "ad solemnitatem", but is of great significance from the point of view of correctness and openness of acts carried out by a court executive officer. The article also contains considerations on practical aspects of the participation of witnesses in executory acts.Item Prawo wykonywania zawodu lekarza(Wydział Prawa i Administracji UAM, 1991) Wojtczak, Krystyna; Wojtczak, PrzemysławIn discussions on changes in Health Service relatively little attention is paid to physicians. There is no doubt that any complex approach to matters concerning this group presents various difficulties. Physicians constitute an integral part of the "state system of health protection", created over 40 years ago, and without a correcture, if not a complete transformation of this system, any more significant change in the legal status of this group is hardly possible. The article is focused on one aspect of the legal status of physicians only, namely on their rights and qualifications necessary for practising the medical profession. It has been assumed that the requirements which should be met by physicians may be divided into two groups: 1) general requirements (i.e. the requirements referring to all candidates, with some exceptions in case of foreigners), and 2) special requirements, applicable to some particular groups of positions or some particular types of activities. The above assumption made it possible to formulate the conclusions in matters of most controversial character, such as: 1) to which Medical Chamber should be included the physicians who are not in service but are employed in organizational units subordinated to the Ministry of Internal Affairs; 2) after what period of time of not practising the medical profession a physician should be obliged to take an additional training; 3) what period of time of practising the profession abroad by a foreigner fulfills the condition provided for in Art. 3 sec. 1 of the Law on Medical Profession; 4) whether a foreigner may be granted a permit to practise the medical profession for an unlimited or limited period of time; 5) whether a foreigner is required to be fluent speaker of the Polish language; 6) whether a foreigner is obligated to submit a certificate of unpunishability; 7) how to interpret the provision allowing persons who do not practise the medical profession to be members of Medical Chambers; 8) who may be appointed to managerial posts in Health Service institutions.Item Zespołowe stymulowanie wzrostu wydajności pracy. System „Improshare''(Wydział Prawa i Administracji UAM, 1991) Dymarski, WłodzimierzStimulating productivity through the participation of employees in gains resulting from its increase makes it necessary to distinguish between two levels of productivity: the acceptable level and the stimulated level. A prerequisite for the implementation of such motivation systems is the prior attainment of the first of the mentioned levels. Such systems may be divided into two groups. To the first one belong the systems in which a key role is played by the normative share of labour costs in the value of production (Scanlon Plan, Rucker's system). To the second group belong the systems based on the norms setting the time- -standards for manufacturing particular products. In the latter systems the effects of increased productivity are calculated in terms of number of man-hours saved. To these systems belongs the "Improshare" system, to whose presentation the author devotes the main part of his article. This system is characterized by the predetermined ceilings of the awarded increase of productivity and by buying out labour norms by virtue of an agreement concluded between management and personnel if productivity permanently exceeds this level.Item Samoubezpieczenie i ubezpieczenie odpowiedzialności kontraktowej między przedsiębiorstwami(Wydział Prawa i Administracji UAM, 1991) Krzemińska, DanutaThe article investigates the current problem of contractual liability insurance. This topic has been placed in the context of self-insurance, i.e. the solution available for those who consider insurance too expensive. Self-insurance and insurance against contractual liability is meant to protect enterprises against excessive losses in case of the duty to redress damage resulting from non-performance or improper performance of contractual obligations. The term "enterprise" denotes units of any kind, such as state enterprises, cooperatives, limited liability companies, joint-stock companies and other types of companies. Special attention has been paid to the problem of financial protection against losses resulting from the payment of damages (the problem of insurance and self-insurance funds). Besides, the article presents the means of preventive activity of enterprises and insurance companies. In addition, the article indicates advantages and disadvantages of self-insurance and insurance and discusses to present possibilities of using these instruments in the economic praxis of enterprises.Item Polityka stabilizacji gospodarczej w wybranych państwach EWG — próba oceny(Wydział Prawa i Administracji UAM, 1991) Stawarska, RenataThe main purpose of the article is to assess the efficiency of the policy of economic stabilization, carried out by the EEC member states, and to distinguish the significance of particular instruments of fiscal and monetary policy in these countries. The article consists of two parts. The first part contains the presentation of some categories of the stabilization policy as well as two models of transmitting the impulses of the stabilization policy. The first is based on Keynesian and neoclassical assumptions while the other originates from monetaristic conceptions. The above models indicated main instruments of the stabilization policy, analysed in the second part of the article. The analysis has been carried out by means of the multistage regression method and the degree of "kindness" of correlation of equations has been measured by the corrected determination coefficient R2. The results of the analysis point out to: — the diversified character of national functions of reaction, — the stabilizing influence of the European Monetary System, — the eclectic character of methods applied in the stabilization policy by the governments of the EEC member states.Item Strategia i polityka gospodarcza kraju w latach dziewięćdziesiątych w zakresie infrastruktury wsi i rolnictwa(Wydział Prawa i Administracji UAM, 1991) Wilczyńska, KamilaThe change of the economic system in Poland, i.e. the transformation of the centrally managed economy into market economy brings about a series of consequences in the economic strategy and policy towards the infrastructure of villages and agriculture. There appears a set of problems connected with the future forms of ownership of infrastructural objects, with the ways of financing investment in this sphere and with the exploitation of such objects. There appears a problem of the scope of self-financing of the infrastructure, and, in effect, the problem of burdening the population and farms with such costs. Besides, it should always be remembered that while such investments require a high capital input, they are a necessary condition for the development of food economy of the country. In such a situation shifting the infrastructural outlay to the local self-government makes it necessary to depart from gigantic projects which require high capital outlays and are very expensive in exploitation. A highly diversified level of agricultural infrastructure throughout the country stimulates discussions pointing to the need of eliminating the differences. It could be achieved through investing in the least developed areas. The economic strategy and policy which would be aimed only at showing down the decapitalization of infrastructure in the western part of the country would be in disagreement with the principle of optimum allocation of resources. The article presents many fundamental dilemmnas and postulated connected with the analysed segment of the economic policy of the country and the region. The considerations and documentation lead to the conclusion that it is necessary to implement the interventionist policy of the State towards agriculture in the form of modernization and development of the infrastructure of villages and agriculture.Item O normatywnej regulacji zachowań(Wydział Prawa i Administracji UAM, 1991) Buczkowski, PiotrThe article attempts to formulate a typology of social order on the basis of the criterion of a normative regulation of behaviour. Two basic types of norms (patterns of behaviour) may be distinguished: norms-orders and norms-interdictions. From this point of view the author analyses and indicates the limitations of the typologies of social order formulated by S. Ossowski and K. R. Popper. The type of social order based on norms-orders, by determining detailed patterns of behaviour, limits individual activity, creativity and innovativeness. Free from the above shortcomings is the order based on norms-interdictions, for it leaves to individuals and social groups unregulated spheres, offering the possibilities of generating new patterns of behaviour. The proposed typology is an idealizational construct, and it requires to be concretized by taking into account other factors indicated by the analysed conceptions.Item Przestrzenne aspekty zróżnicowania społecznego. Główne tezy i problemy badawcze(Wydział Prawa i Administracji UAM, 1991) Malikowski, MarianThe article investigates the problems of spatial aspects and spatial conditions of social differentiation, in particular: social inequalities. It contains theoretical and methodological theses and proposals for research in that area. The starting assumption is that the phenomena of spatial conditioning of human chances are not adequately recognized in sociology. The reason for the above is that the mechanism of determining social structures through spatial structures, and especially through unequal distribution of generally desired goods, is hidden very deeply. Insufficient recognition of these problems by sociologists may have contributed to the poor understanding of these issues by politicians and spatial planners. In Poland, these phenomena have been analysed only (and not very often) with respect to regional aspects, or with respect to relations between the town and the village. Very little attention has been devoted to the analysis of these phenomena with respect to the internal structure of towns. The article referrs to the conception formulated by the British neoegalitarian school (especially to the works of R. E. Pahl) and formulates some research proposals pertinent to Polish conditions.Item Modele i typologie procesu rozwodowego(Wydział Prawa i Administracji UAM, 1991) Rydzewski, PawełRelatively recently there appeared attempts to systemize divorce as a phenomenon of a processual character. So far, attention has been focused mostly on socio-demographic aspects of divorce, on its causes, consequences, etc. A newapproach to divorce is characterized by the shift of attention to divorce as a process and to its internal dynamics. Besides, efforts are directed at the systematization of the course of this process. Building models and typologies of the divorce process is the indication of attempts going in that direction. Models of the divorce process are built on the assumption that the course of divorce processes may be reduced to a relatively stable scheme in time. The author evaluates such models and synthesizes his findings. Typologies of the divorce process attempt at systematizing different patterns of marital dissolution and define some typical ways of getting divorce. The article contains the presentation and evaluation of the moost important typologies formulated by K. Kressler and J. Ponzetti. In this context it is important to differentiate between the dissolution process and the divorce process. The latter comprises not only the period preceding the divorce in a legal sense, but also the period of divorce adjustment.Item Przegląd piśmiennictwa RPEiS 53(1), 1991(Wydział Prawa i Administracji UAM, 1991)Item Sprawozdania i informacje RPEiS 53(1), 1991(Wydział Prawa i Administracji UAM, 1991)