Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1982, nr 2
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- ItemSpis treści RPEiS 44(2), 1982(Wydział Prawa i Administracji UAM, 1982)
- ItemNowe aspekty prawne samorządu załogi przedsiębiorstwa państwowego(Wydział Prawa i Administracji UAM, 1982) Rabska, TeresaA new shape of self-management in State-run enterprises came up for a heated discussion what can indicate the key importance of this question in the shifting policies of management of the national economy. Two bills: the Act of Workers' Self Management in the State Enterprises and the State Enterprises Act were passed in the Seym at the same time. In spite of their formal distinction, these statutes are closely interrelated and in principle they can be neither interpreted nor applied separately. Although of a wide scope, the Self Management Act does not govern all the enterprises and in some instances the provisions of the Act are applied to a various extent. It is mostly a case of the right to appoint a manager of the enterprise. The self management is to be treated as a compulsory institution within a meaning of the law, the obligation to constitute the self management is consequent upon the legal regulation. It has to be a separate organization within a structure of the enterprise, not linked with trade unions and with other social or political organizations. A personnel of the enterprise'is the subject of self management excercising its power (competence) directly on. the staff meetings or indirectly via the worker's council, the body elected by the personnel. The bodies of self-management are recognized as organs of the enterprise along with a director, the one-man professional organ, and they act independently of administrative bodies of the State. The new legislation grants a vast competence to the bodies of the self management to decide of the essential problems of the enterprise (including a resolution of plans). The definite scope of the competence will however remain to become a subject of further regulation of the main spheres of economic activity (planning, financing, taxation and pricing). Operation of the self-management is commited to the care of the Seym. Disputes under functioning of the self-management will in the last resort be resolved in court.
- ItemPostępowanie sądowe w sprawach związanych z działalnością przedsiębiorstw państwowych i ich samorządów(Wydział Prawa i Administracji UAM, 1982) Tyczka, MieczysławThe State Enterprises Act and the Act of Workers Self Management in State Enterprises, both of September 25, 1981, (the Polish Law Gazette — Dz. U. nr 24, section 122 and 123) gave rise to new types of litigations related to the economic reform. A principle of independence and of self-financing of State enterprises is evoked in this statutory regulation and the rule of self management of the enterprises is reflected in constituting bodies of the workers' self management. In order to secure administration's non-contravention of these principles under the valid legislation all disputes between the administration acting in the capability of a founding organ and bodies of an enterprise (director and worker's council) are brought before the general courts. Similarly, inside the enterprise, the issues between its director and the worker's council are resolved before the courts. The disputes between the founding organ and the bodies of the enterprise can concern appointing, recalling and suspending the manager; upholding, revoking or changing a decision of the founding organ regarding operation of the enterprise and liability of the founding organ for damage incurred in implementation of its decisions. The disputes between the director and the worker's council can concern revoking or changing a resolution of the council or a decision of the director. Having analysed a legal character of the issues the author contends that the above are all civil cases and consequently, he finds legitimacy for bringing them before civil courts. The cases are to be tried under the regulation of the Code of Civil Proceedings under the legal process. They are amenable to the material jurisdiction of the district courts and to the territorial jurisdiction of the courts of defendant's seat. A public prosecutor can participate under general rules in hearing of these new cases bringing an action or acceding to the proceedings pending the action. A capacity to be a party in a lawsuit is to be conceded to the director of the enterprise and to the worker's council on the strength of explicit provisions of the Act. In the legal proceedings the council acts via its presidium under the resolution of the whole council. The same prerequisite is also required to grant a power of attorney. Next, the author analyses a capacity to appear in court in various types of the new cases. A plaintiff is legally bound to carry through obligatory conciliatory proceedings in most of the cases. Short terms (1-2 weeks) of taking legal action are also fixed by the statute. Breaking the terms results in nonsuit although in exceptional cases, the term can be restored. It is also the case of the term ôf instituting preliminary proceedings before laying an action in court. Costs of the proceedings are incurred by the enterprise in litigations between the worker's council and the director. Therefore, there is no need of delivering cost decisions. High efficiency of the proceedings affording quick findings becomes a necessity in lawsuits concerning the enterprises. Particular regulations, however, having that end in view are not numerous. In the new cases the courts are not bound with a-statement of claim by virtue of the regulation of the section 321 of the Code of Civil Proceedings. Accordingly, the worker's council and the director are to be treated as the units of socialized economy. The court finds the new cases delivering a judgement. The State Enterprises Act introduced certain limitations of appealing against some of the legal decisions.
- ItemUmowa jako środek kształtowania więzi zewnętrznych przedsiębiorstw w warunkach reformy gospodarczej(Wydział Prawa i Administracji UAM, 1982) Trojanek, JacekThe main ideas of the forthcoming economic reform are characterized by the author at the beginning of the. article. Problems of self-contained enterprises, of a wider employment of market and of trade relations are in the focus of attention. A transition to indirect economic system of management and planning results increases the importance of Civil Law in legal regulations of a socialist economy. Full responsibility of the enterprises for their own autonomous plan generates an authentic demand for numerous direct external ties with other economic subjects. A Civil Law contract is the instrument forming those ties. . Next, the author characterizes functions of the economic contracts which are to become the fundamental source of obligations, and essentially, the exclusive instrument organizing and re-organizing a commercial intercourse within nationalized industries. The planning functions of contracts are a matter of special importance in the economic reform. The contracts have to form grounds for the production planning and adopt the part of administrative indicators, directions and planning elements of the centralistic system of management. By virtue of the new Act of the State Enterprises (the Polish Law Gazette — Dz. U. nr 24 of 1981) a contract of Civil Law can be the instrument shaping new organizational structures i.e. joint ventures, semi-public enterprises and economic associations of various types. The article is concluded with a discussion of freedom of contracts in the economic reform. In the opinion of the author, the scope of freedom of contracts in the socialized intercourse have to be widely expanded. Nevertheless it would be fallacious to eliminate entirely the State's capacity to shape the market processes by means of administrative channels, the strong market power of producers, contractors and suppliers is the reason of it.
- ItemZmiany przepisów o zobowiązaniach podatkowych(Wydział Prawa i Administracji UAM, 1982) Gomułowicz, AndrzejLegally effective for the last thirty years, the provisions of the Decree of Oct. 26, 1956 are presently found to be obsolete to a considerable degree. They comply with the conditions of the forties and fifties. Legal and financial institutions of this regulation as well as its wording required adjustments to current socio-economic conditions and legal position. These postulates have been satisfied by virtue of the Act of Dec. 19, 1980, of Liabilities to Pay Taxes. A different regulation of several questions was introduced in the new law. The following provisions are to be numbered among the controversial matters: authority of administration for a taxpayer's house search and simultaneously not mentioning of explicit premises to be satisfied to create grounds for the search, retention of an institution of taxation at estimate. The substantial changes involve a different treatment of such problems as dates of settlement of tax liabilities and of their extinction, overpayment of the tax and the interest on it, limitation rules of tax liabilities, liability of a taxpayer's spouse, his family members and third persons to pay his taxes, explicit definitions of the subject matter of taxation and of persons coming within the scope of this law, unification of dates of payment for the taxpayers. Too numerous delegacies of legislative power and the fact that the new act will be in force for the following year side by side with the hitherto existing implementing regulations have to be considered as the shortcomings of the tax liability laws.