Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1990, nr 2

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Spis treści RPEiS 52(2), 1990
(Wydział Prawa i Administracji UAM, 1990)
Przełom w polskim ustawodawstwie wyznaniowym
(Wydział Prawa i Administracji UAM, 1990) Pietrzak, Michał
On May 19, 1989 the Seym passed three acts on religious denominations: 1) the Law on Relations between the State and the Catholic Church; 2) the Law on Guaranties of Freedom of Conscience and Religion; 3) the Law on Social Insurance of Priests. The scope and contents of the three acts make them a turning—point in the State's policy on religious denominations. They mark the end of the period when relations between the State and religious institutions were shaped by the influence of ideological tenets of socialism, in the totalitarian version adopted in the USSR. The article discusses the course of legislative works on the three acts and characterizes a new model of relations between the State and the Church which emerged in consequence of the adoption of the new laws. The author presents basic assumptions of policy on religious denominations, the constitutional model of regulation of legal status of churches and religious institutions, the philosophy contained in the three acts in the context of individual freedom of conscience and religion and the legal position of churches and priests. The Acts adopted in May 1989 should be considered the turning point of political changes taking place in Poland. They determine the direction of future developments in the sphere of other constitutional rights as well.
Międzynarodowa ochrona prawa do wyżywienia
(Wydział Prawa i Administracji UAM, 1990) Michalska, Anna; Sandorski, Jan
The authors discuss in the first place the international regulations which expressly formulate the right to food, i.e.: the International Covenant on Economic, Social and Cultural Rights, the Geneva Conventions and their two Protocols, the Standard Minimum Rules for the Treatment of Prisoners and the Universal Declaration on the Eradiction of Hunger and Malnutrition. A legal analysis of Article 11 of the Covenant is made in order to establish: the content of the right to food, the subjects or beneficiaries, the object or duty-holders and mechanisms to promote compliance. In the second part of their article the authors focus their attention on the problem of implementation from the angle of State's obligations. In general terms four obligations may by discerned: an obligation to respect, an obligation to protect, an obligation to ensure and an obligation to promote. The obligation to ensure and an obligation to promote together encompass what traditionally is called "programmatic" obligations with in the framework of economic, social and cultural rights. In the authors' opinion the economic and social rights may also involve elements of obligations to respect and to protect, especially if the right to food is concerned. The authors are not in favour of the idea of drafting a Right to Food Convention. However, what they consider necessary are specyfic conventions or a series of protocols spelling out the normative implications of the rigth to food. Such conventions or protocols are indispensable as the element and the basis of international cooperation for the protection of the rigth to food.
Przesłanki i zasady odpowiedzialności prawnej w działalności reklamowej
(Wydział Prawa i Administracji UAM, 1990) Płachta, Michał
Polish legislation does not contain the act which would comprehenisively regulate numerous and diversified problems connected with advertising activity. The author distinguishes the following grounds of legal regulation of advertising activity: 1) general principles of law and legislation, principles of social co- -existence and constitutional norms; 2) norms contained in particular branches of law, e.g. in civil, penal and copyright law, wich may find application in advertising activity; 3) provisions enacted specifically for advertising activity. Besides, three interdictions should be observed in advertising activity: an interdiction to infringe law, to infringe accepted customs and an interdiction to disinform. The author rejects the presumption according to which each advertising act (irrespective of accompanying circumstances) is to express the advertiser's will be conclude the contract of sale. Otherwise, the advertiser were always bound to conclude such a contract under the sanction of civil-law liability. The Polish legislator regulates legal character of advertising acts in 2 provisions. One of them protects the interests of advertising enterprises (Art. 71 of the Civil Code), while the other protects the interests of consumers (Art. 543 of the Civil Code). According to Art. 71, announcements, advertisement, price-lists and other information addressed to the public or to particular persons are, in case of doubt, not to be considered an offer but an invitation to negotiations. In turn, according to Art. 543, placing a priced thing on public display is to be considered and offer to sale.
Zagadnienie neutralności systemu podatkowego
(Wydział Prawa i Administracji UAM, 1990) Gomułowicz, Andrzej
The pending reform of the Polish tax system should, inter alia, solve the problem of functions the taxes are to perform. In particular, the question of giving up extra-fiscal function should be considered, with the attention focused on income function. Extra-fiscal function disturb, by their actual appearance,, the efficiency Of the tax system and make the tax system more complicated. Extrafiscal functions are the consequence of the State's activity in the sphere of centralized regulation of economic activity. Hitherto existing tax interventionism should give way to the principle of tax neutrality, were market economy implemented in Poland. Of course, pure tax neutralism is highly improbable. However, the essence lies in the State giving up extra-fiscal functions in favour of achieving the highest possible level of tax system neutrality. So far, Polish attempt at reforming the tax system referred to the principles of Keynesian interventionism. At the same time, in many Western European countries with well-organized economies quick and significant economic results are achieved, inter alia, by giving up interventionism. The principle of tax neutrality should find its expression in legal construction of the future tax system. Particular taxes, as well as the tax system as a whole, should not hinder the economic development, reduce economic processes, eliminate the taxpayer from economic activity or threaten the economic potential of the producer. The States task is to take all necessary steps to prevent such negative consequences from occuring.
Prawo rodzinne w Konstytucji Republiki Federalnej Niemiec
(Wydział Prawa i Administracji UAM, 1990) Frank, Reiner
The significance of constitutional law for private law in general lies in its grant of selective guarantees. Moreover, it contains guidelines and provides impulses. Family law is no exception since in its case, too, the Basic Law contains a set of rules which traces out the crucial, guiding principles merely to be fleshed out and concretized by the legislator. Nevertheless, there is no doubt that through its fundamental declarations the Basic Law (influences family law or attempts to influence it. The Basic Law does not contain a system of family law as such. The declarations of the Basic Law on marriage and the family have not provided impulses for the reforms in the post-war period which have transformed the whole of family law, at least not to the extent that is often assumed with a certain constitutional fervour. This accords with the clear recognition that ordinary statute law too can only direct social behaviour within very narrow limits. Family law is a mirror of social reality; it shapes that reality only slightly. This may disappoint the family law judge. The merits of the Constitution — or more precisely, the jurisdiction of the Constitutional Court — are to be found in the manner in which it concretises basic rights in a binding way and, in view of the numerous reforms of the post-war period, in the possibility it presents for judicial review. Moreover, the decisions of the Federal Constitutional Court have lead to an increase in sensitivity towards those basic rights, to a change in values and to rationalisation. Problems are created by the almost total lack of acceptance of standarizing legal rules. This is part of a general development for which the Federal Constitutional Court is certainly not responsible. However, the Court ought to resist this development, expressed in legislation by the use of blanket — and hardship clauses and in the courts through decisions based on principles of fairness, more strongly at least where family law is concerned.
Równowaga gospodarcza w teoriach ekonomicznych
(Wydział Prawa i Administracji UAM, 1990) Romanow, Zbigniew
In economic theories, starting from the classical English economy (with the exception of Marx's theory), a prevailing conception was the conception of self- -regulatory balance on a free competition market. It was criticized, among others, by J. Keynes, who stressed the need of regulating the economic processes by the state. Next, the representatives of so-called post-Keynesian economy pointed to the need of analysing both the growth of production capacity caused by investmen as well as the growth of general national product. In effect, the post-Keynesian trend became closer to neo-classical economy and the achievements of the Keynesian school were adopted by neoclassicists who started investigating the relations between national product and investment in conditions of full utilization of production factors. A response to main trends of Western thought is institutionalism, a trend which points to the need of substituting market regulation of economic balance with non-market coordination, providing so-called steered balance. Another trend in opposition to the far-reaching state interventionism of Keynesian school in neoliberalism which advocates the conception of liberal market economy coordinated by the state. Even less efficient, from the point of viem of mechanisms and conditions of balanced growth, was the strive towards the implementation of balanced growth by means of directival-distributive system in force in the socialist countries. The accomplishment of natural purpose of production by way of direct means turned out to be more complicated and less efficient than the direct fulfillment of that purpose by way the regulated market mechanism. Subsequently, under the influence of the policy of intensive industrialization, the concept of central planning and managing the national economy was based on the so-called law of prevalence of growth of I sector over the II sector. The said law was allegedly to justify permanent economic imbalance. However, the criticism of that law formulated in Polish literature did not significantly after the economic policy. The latter continued to profess the increased economic growth coupled with plans which were impossible to be fulfilled, and generated economic disproportions instead of balanced growth.
Podstawowe problemy współczesnej inflacji polskiej
(Wydział Prawa i Administracji UAM, 1990) Wolniak, Jerzy
The article discusses the methods of curbing contemporary Polish inflation. Because of nominal character of zloty and the presence of directives, inflation was inflicted by non-monetary factors. A doctrinal policy of giving preference to political and defence interests of the state and separating the processes of growth from the requirements of consumption created the structure of production which made it impossible to satisfy the consumption needs of the population. It gave rise to inflation originating in the organic lack of coherence between monetary and material processes of distribution. A directival system of management made Polish economy inefficient. This is yet another source of inflation. It is caused by non-rational growth of production costs and prices and the lack of competitiveness of Polish economy in world markets with resulting foreign trade deficits. The deficits, including the one resulting from limited debt service capacity, increase the inflation pressure on the domestic market. Anti-inflation policy should consist in creating relatively balanced commodity market which could constitute evaluations independently of producers and stimulate long- and short term supply and demand adaptation processes. It is also necessary to rebuild capital markets which could constitute interest rates stimulating capital supply and demand adaptation processes. The core of such a policy should be the elimination of sources of inflation. It would lead to gradual increase of supply. Initially, with producers deciding about prices and monetary measures ineffective, inflation will have to be eliminated, by means of non-monetary instruments. However, with reconstructed markets capable of influencing the prices, it will be possible to fight inflation by means of hard budgetary policy and hard money policy together with the exchange of depreciated zloty. In this way the conditions necessary for efficient capital market will be met.
Analiza systemowa w planowaniu społeczno-gospodarczym (podstawowe idee i zastosowania)
(Wydział Prawa i Administracji UAM, 1990) Kasprzak, Tadeusz
The main cause of little usefulness of planning methods lies in the fact that economic planning is tightly connected with politics, and that developmental strategies which form the basis for economic planning are the result of postulates and strives of the economic politicion on one hand, and the potential of the economy on the other. Assuming a given conception of procedural rationality, the author discusses multi-criteria methods of strategic evaluations of plannistic variants. Next, ne points to the areas of application of the plannistic system analysis.
Kształtowanie planów produkcji i sprzedaży przedsiębiorstwa w warunkach gospodarki rynkowej
(Wydział Prawa i Administracji UAM, 1990) Dąbrowski, Zdzisław
The purpose of the article is to show the present changes in the basis and mechanisms of shaping the production and sale plans, i.e. the changes inflicted by the processes of transition from the hithertoexisting centrally-planned economy to the system mechanisms of market economy. The experience of Western countries indicates that planning in an enterprise does not depend on a political system, since running an enterprise — with the exception of small craftsman shops — is not possible without planning and planning mechanisms, which may be shaped along very diversified conceptual patterns. The processes of marketization of our economy require a thorough reorganization of mentality and planning processes and their quick adaptation to new conditions of market economy. The article investigates four basic problems: 1) mutual relations between the production plans; 2) market grounds of preparing these plans; 3) changes in their scope and contents; 4) general (market) mechanism of planning the sale and production, based on the principles of analytic varianting. The considerations aim at providing information indispensable for giving up old practices and shaping new planning orientations.
Analiza czynników określających dochody rolnicze gospodarstw rodzinnych
(Wydział Prawa i Administracji UAM, 1990) Wiatrak, Andrzej Piotr
In the present article — based on questionnaire research carried out in SGGW- -AR in 1987 — the author undertakes an attempt to distinguish the factors influencing the level of income from agricultural activity and to determine quantitative impact of these factors on the growth of income of a farm in different area groups. The selection of explanatory variables was based on correlation analysis and step regression. The research indicates that the income of a farm depends on the growth of production factors and relations between them, and on the efficiency of their exploitation. The basic factors shaping the income of a farm in all area groups are the cost of mineral fertilizers and lime as well as the value of basic flock and the rate of botanization of land. Additionally, in farms larger than 5 ha to these factors belong the value of agricultural machinery and equipment and the value of feeding stuff. Besides, it can be observed that in the growth of income the importance of land (area and quality), agricultural machinery and equipment and the expenses on feeding stuffs, energy, the value of basic flock and the number of full-time employees decreases with the increase in the area of a farm. The results indicate that in order to increase the income of a farm it is necessary to decrease gradually the resources of labour and to increase the area of a farm and its technical equipment with the simultaneous increase of outlays on turnover means (such as fertilizers and lime). At the same time the above conditions are indispensable for structural changes in the private sector of agriculture
Wzorce zachowań integracyjnych państw członkowskich RWPG
(Wydział Prawa i Administracji UAM, 1990) Najlepszy, Eugeniusz
The subject-matter of the article is the model of strategic behaviour of socialist economy within the CMEA. It has been assumed that the purpose of strategic activity of each of the member-states is the attainment of optimum position of its national economy in the international division of labour within the CMEA. The choice of integration strategy is conditioned by many external (international division of labour and institutional integration structures) and internal factors. In the CMEA, a prevailing tendency with respect to integration is the extrapolation of hitherto existing trends, leading to a very limited perception of integration. Besides,, usually a very narrow group of state authorities understands, strategic prognoses and interprets correctly the situation. The outcome of activity presented in the model are three alternative types of reaction of economy in the integrational surrounding: defensive, adaptational and creative. In the historical perspective, the economies of the CMEA countries have not revealed any significant interest in any other response to integrational processes than the defensive reaction.
Reforma ekonomiczna w ZSRR — etapy i perspektywy
(Wydział Prawa i Administracji UAM, 1990) Smirnow, Władimir
The first stage of economic reform in the USSR (1987 - 1988) did not bring any significant practical changes. The crisis on a consumer market has gone deeper, inflation and budget deficit have grown higher and enterprises have still been oriented towards brutto" effects. It is the result of the lack of consistence both in the sphere of shaping formal and legal grounds of the new economic system as well as in the sphere of practical implementation of accepted solutions. The requisite for speeding up the reform is the elimination of bureaucratic machinery of branch system of administration of economy, i.e. the system which obstructs the process of changes. The reform should be carried out in stages. Basic changes should take place in the first half of the 1990s. In the preceding years (1988 -1990) conditions for subsequent reforms must be created, such as rearranging the structure of management, eliminating of influx of inflation money and setting in motion the process of gaining real independence by enterprises. By 1995 basic features of a new economic mechanism should already be fully shaped. In order to achieve this, it is necessary to give up the imperative character of parameters contained in the central plan, to reduce considerably the scope of state obligatory orders and to develop wholesale trade and the market for production goods. The system of economic norms should gradually evolve into a developed, uniform tax system. The latter should become a basic mechanism through which the state influences the decisions of enterprises. The efficiency of anti-inflation policy should be achieved through a two-level banking system and the market for securities. The introduction of fully convertible roubel could be preceded by the implementation of internally convertible roubel, a currency which would supersede the present one. The development of competition depends on the restructuring of economy, the creation of capital market and the influx of foreign capital. The range of centrally determined prices should be limited to goods included in state orders. After 1995 a fully shaped market system should be in operation. It should be regulated by the state by means of a uniform tax system, financial and credit reliefs and state orders. State property should remain only in the areas where other forms of property should prove inefficient. The basic form of property should be the employee stock ownership. The exchange rate of roubel should be shaped by the money market.
„Druga gospodarka" — analiza teoretyczna
(Wydział Prawa i Administracji UAM, 1990) Krężlewski, Jerzy
The article is a theoretical analysis of a so-called "second economy", The author devotes much attention to the presentation of Hungarian and American sociological research on the "second economy". The term "second economy" denotes different forms of economic activity by individuals not controlled by any formal organization. Thus, the "second economy" comprises illegal activity as such as well as the activity which is not under control because the organization gave up control due to its inefficiency. The second part of the article is concerned with the influence of features characteristic for the post-war Polish economy on the functioning of the "second economy". The article is concluded with research postulates and problem to be solved by empirical studies of the "second economy".
Sposoby pojmowania istoty funkcji rodziny
(Wydział Prawa i Administracji UAM, 1990) Kotlarska-Michalska, Anna
The article is devoted to the analysis of the elements which constitute the function of the family, their mutual configurations and significance. The purpose of the analysis is to review various definitions of the function, to arrange these definitions along the criterion of the number of components of the essence of the function, to show the relations between these components and the components of the social relation, and to propose a new way of understanding the essence of the function. The article also contains the proposal of distinguished between four concepts necessary to take empirical studies of the functions of the family, namely: the essence of the function, the composition of the function, the model scope of the function and the realizational scope of the function. These considerations prove that the most important element of the function are the attitudes of the family members. The attitude is understood here as a permanent organization of views concerning a particular situation and predisposing to certain reactions. Attitudes together with other elements of the function, such as tasks, activities, mutual influences and effects may form different arrangements of functions (praparational, realizational, adaptational, task, rational and optimum arrangements). These arrangements may influence to different degrees the satisfaction of the needs of the family members.
Rozwód w perspektywie teorii wymiany społecznej
(Wydział Prawa i Administracji UAM, 1990) Rydzewski, Paweł
The article is an attempt to summarize theoretical conception and empirical research on divorce from the point of view of the social exchange theory. The authors presents a synthetical model of marital breakdown, based on the works of R. Lewis, G. Spanier, G. Levinger, J. Thibout and H. Kelley and updated by the reference to more recent empirical studies. A synthetical model of marital breakdown is an attempt to explain the relation between marital quality and marital stability. The influence of divorce barriers and alternative attractions has ben taken into account. The importance of, subjective evaluation of marital quality shaped by social context has also been stressed.
Rola społeczna a procesy socjalizacji i wychowania
(Wydział Prawa i Administracji UAM, 1990) Olubiński, Andrzej
The subject matter of the article is the attempt to induce the problems of social role into the sphere of considerations on the processes of socialization and education. The first part of the article contains the introduction into the theory of social role. The author points to the interactionistic origin of this theory, to a close link between the individual development of a human being and his/her position in various social structures, and to the significance of sources of social expectations and main components of the role as the behaviour-shaping factors. In the next part of his article (Social Role and Socialization Processes) the author discusses main psychosocial mechanisms of role acquisition. The main point is to analyse the conditions of positive and negative socialization, i.e. the conditions which make it easier or more difficult to perform the role. The author focuses his attention on negative psychosocial consequences of the lack of connections between the ascribed, the subjective and the reflected role. These consequences include various deviations in creating the conditions for socialization (e.g. psychological or sociological determinism, the separation of social conditions from regulative function of personality, etc.). Besides, the author stresses the significance of conflicts of roles. He points to the dissociation character of the absence of such conflicts on the one hand, and their appearance in the extreme form on the other. Finally, in the last part of his article (Social Role and Education) the author turns his attention to the possibilities of including the theory of role into the structure of intentional education. The author concludes, inter alia, that taking into account by the theory of education the scientific achievements of the theory of social role could create the opportunity for a better * and more humanistic approach to the process of education.
O zasadach organizujących ład społeczny. Próba interpretacji typologii zachowań zbiorowych Stanisława Ossowskiego
(Wydział Prawa i Administracji UAM, 1990) Cichocki, Ryszard
The starting point of this article is the typology of collective behaviours by St. Ossowski. The purpose of the considerations is an attempt to formulate a general form of each of the three basic types and to present research possibilities offered by this theoretical conception. The author assumes that the most fundamental element differentiating between particular types of order are the principles organizing social order. Three basic principles can be distinguished: 1) rationality — prevailing in organizing the behaviours of the policentric type; 2) functionality — prevailing in monocentric collectivities; and 3) traditionality — prevailing in collectivities characterized by the internal order of the „collective representations" type. Besides, within each of the principles one can distinguish various criteria whose maximalisation the principle is to serve. The classification of a given collectivity into one of the basic types of collective behaviours makes it necessary to indicate these two categories; other differences may be treated as reducible to the above two categories.
Źródła teorii historyzmu materialistycznego
(Wydział Prawa i Administracji UAM, 1990) Heymann, Jerzy
Materialistic historism is for Lenin a term denoting the materialistic — dialectical „theory of a social science method". It is a method of scientific sociology based on the assumption that in order to describe the structure, functioning and changes occuring in a given society one should grasp them from the point of view of: 1) internal structure of particular organic units and relations existing between these units within the society as a whole, i.e. between the state, law, classes, economy, religion, family, art, science,, etc.; 2) processes of emergence, reproduction, development and disappearance of particular features of elements and relations in the structure of these units; 3) conditioning of the totality of social structures and the totality of relations existing in a given society by the economic structure of that society; 4) discovering the regularities of functioning and changes in social structures, determined as contradictions between social actions and processes.
Przegląd piśmiennictwa RPEiS 52(2), 1990
(Wydział Prawa i Administracji UAM, 1990)

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