Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1982, nr 2
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Item Spis treści RPEiS 44(2), 1982(Wydział Prawa i Administracji UAM, 1982)Item Nowe 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.Item Postępowanie 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.Item Umowa 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.Item Zmiany 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.Item Spór o postać specjalnych postanowień wewnętrznego prawa antydumpingowego Stanów Zjednoczonych i ich zgodność z prawem międzynarodowym(Wydział Prawa i Administracji UAM, 1982) Myjak, JarosławThe author presents the problem of unilateral response techniques in the US antidumping law. They are to function as an "interface" facilitating contacts between the Western and state-controlled economies. The new legislation of the Trade Agreements Act of 1979 is in focus of attention. The author makes an attempt to examine the influence of the former Trade Act regulation on TAA. The legal status of the 1978 Treasury Regulations is determined on the grounds of the legislative history of the TAA and is also derived from the case law. To examine the problem in all its bearings, the author is looking into the aspect of relations between the international antidumping regulation of GATT and the TAA. The unilateral response techniques are also seen in the light of the provisions of the Most Favored Nation Treatment Clause. In conclusion the author is summing up the influence of ideological and organizational conditions as well as of international legal standards on the US antidumping law making process.Item Modelowanie przekształceń sieci osadniczej w regionach rolniczych(Wydział Prawa i Administracji UAM, 1982) Domański, RyszardRural settlement problems require more attention from researches and research institutions. In the majority of countries in the world a considerable share of the population still lives in rural areas. This creates serious economic, social, cultural and institutional problems. At present, there is very little literature that throws light upon such problems, and suggests programs for developing the rural settlement to suit modern conditions. This paper identifies the interactions that shape the settlement network in rural regions, describes the process of restucturing, of the network, and presents a model simulating this process. Four types of interaction can be distinguished: interaction of intrafarm location forces and external forces, interaction between villages, interaction between rural and urban settlements, interaction between the rural economy and the socioeconomic environment. The analysis of these interactions leads to the conclusion that the future pattern of settlements will undergo essential transformation at the lower levels of the hierarchy. The model stimulating this transformation assumes the form of differencial equations.Item Procedury testowania w badaniu stacjonarności szeregów czasowych procesów ekonomicznych(Wydział Prawa i Administracji UAM, 1982) Könze, EgonThe aim of this paper is to present some useful techniques of stationarity analysis of time — series concerning economic processes. According to the first technique time — series is divided into two parts and then t-test and F-test are used for each of them. If a zero-hypothesis of statistically nonessential differences between compared parameters accepted, stationarity of time — series is proved. It means that mean value and variance of this stochastic process are time — independent. ... According to the second proposed technique a hypothesis of consistency of distributions in both parts of time — serie is verified by means of χ2 — test and Kolomogorov-Smirnov-test. Testing procedures are based on the empirical data on market processes in the GDRItem Rozkłady różnic absolutnych i indeksów statystycznych w analizie zjawisk i procesów ekonomicznych(Wydział Prawa i Administracji UAM, 1982) Cyhelský, Lubomír; Matějka, MilanThe paper concerns absolute and relative distributions estimated by means of statistical indexes method in the analysis of economic phenomena and procrsses. The relative indexes distributions as well as the absolute difference distributions with multiplicative an additive relations between statistical coefficients ara described. The presented ideas are the original solutions ready to be implemented in a numerical description of absolute and relative distributions of complex economic processes. The main advantage of the proposed methods lies in the fact that they rigorously take into consideration the objective reality.Item Wybór najlepszego podzbioru zmiennych niezależnych(Wydział Prawa i Administracji UAM, 1982) Hebák, Petr; Kiovák, JiřiThe authors tries to throw a new light on some problems related to application of the regression analysis in the field of economics. A Choice of independent variables for the multiple regression has been selected from among many problems. Few methods are presented in which according to the specific criteria the "best" set of variables is chosen. The notion "the best" has here a conditional meaning. After many experiments the authors concluded that a choice of the best subset of independent variables is a problem merits rather thar of statistical character. It cannot be only solved on the basis of formal criteria used in the presented methods, it can be of greait value but the last decision taken on the ground of formal and merits reasons belongs to a researcher.Item Zjawisko współliniowości w statystycznych badaniach przyczynowo-skutkowych procesów ekonomicznych(Wydział Prawa i Administracji UAM, 1982) Witkowski, MarekThe elaboration is devoted to the problems of variables collinearity and its repercussions for a study process of cause-effect conditions of socio-economic phenomena. The study is carried out with the use of statistical methods of interdependence analysis. It appears that collinearity is a crucial obstacle for correct estimation of mutual relations between economic variables. The solution of that problem needs several measures. Their synthesis has been accomplished in the paper. There have been discussed the following problems: 1) measurement of collinearity (Glauber-Farrar test), 2) range of collinearity on a set of explanatory variables (F-test, t-test), 3) search for ways of reduction adverse effects of collinearity. In the second part of the paper has been presented one of the methods of reducing collinearity i.e. the ridge regression method. That method is generally founded on such basis that it is better to use biassed estimators but with variance smaller than variance of those estimators obtained with the help of the CLSM. The method has been implemented for an analysis of a real statistical date. The figures regarded costs and their determinants in state-owned foodstuffs retail trading enterprises. The study confirmed large utility of the ridge regression method in a process of identification of cost-creating factors, but considering narrow scope of its hitherto applications further verification studies are indispensable.Item Metody taksonometryczne w badaniach regionalnych(Wydział Prawa i Administracji UAM, 1982) Rutkowski, TadeuszIn the article have been taken up theoretical and methodological problems connected with application of taxonomie methods in regional studies. There have been discussed procedure stages in paternless, multidimensional taxonomie methods. In the course of description of particular procedure stages comparisons have been made of such generally applied in hitherto practice taxonomie methods as: Czekanowski method of mean differences, dendritic method, analysis of concentrations. Next there has been proposed certain procedure implementing the following digital computer programmes: factor analysis XDS2/29, nonhierarchic analysis of concentrations ANO6 and nonlinear picture of data structure ANO7. In the next part of the article have been presented results of application of the proposed study procedure for drawing regionalization of Poland into similar regions in respect of spatial distribution of money incomes of population.Item Społeczne uwarunkowania i społeczne funkcje ideologii i moralności w koncepcji Georgesa Sorela(Wydział Prawa i Administracji UAM, 1982) Ziółkowski, MarekThe views of Georges Sorel on social and most of all on class-conditioning as well as social functions of ideology and morality are discussed in the article. It is emphasised that Sorel viewed a working class as a bearer of the fundamental values of all humanity, i.e. work, honor, dignity and justice. Specifically interpreted, the Marxist conception is considered by Sorel as a tool of forming the consciousness of the proletariat and stimulating him to strive for the fundamental moral ideals. Socialism is also a moral question. A revival resembling the times of early Christianity is to be attained by means of the proletarian revolution utilizing a general strike and organizing the social life in syndicates — the independent all workman's productive associations. The author observes, on the other hand, that Sorel is making a profound sociological analysis clarifying the roots of the European rationalism, delusive belief in progress and in the deterministic rights of the historical development. In conclusion the author points out the present interest of many trends of the Sorelian thought to the current situation of Poland.Item Główne kategorie analizy teoretycznej dziejów społecznych w twórczości socjologicznej Alaina Touraine'a(Wydział Prawa i Administracji UAM, 1982) Leoński, JacekAlain Touraine is considered to be one of the most outstanding French Sociologists. The theory of social development ranks high among his other works. (It was published in "Production de la société", 1979). The prime cathegory of the Touraime an social theory is the one of "historicité" comprising three elements of knowledge, accumulation and cultural model. This notion renders mutual relations between the three elements of social life. Human activity in the spheres of production, culture and knowledge measured by means of the historical dimension permits to introduce a succesive cathegory of the "système d'action historique". It signifies the way of influence of the "historicité" on social and cultural practice. The "système d'action historique" is the sphere of social activities at a given stage of the historical development which influences the structural shape of the society, still it has to be viewed through accumulation linked with economic activities. Elements constituting the economic activities (i.e. organization of labor, production, distribution and consumption) can have various positions in the "système d'action historique". On account of the variability of these elements a periodical division of the ideal society types is introduced: 1) agricultural society, 2) trade society, 3) industrial society, 4) post- -industrial society (otherwise called programmed society). Class relations, institutional structure and organization are used by A. Touraine as the cathegories of analysis. Mutual relations between the organization, the institutional structure, the class relations and the système d'action historique result in a distinction of three various forms of the social structure: 1) administration, 2) enterprise, 3) agency.Item Socjologiczne aspekty kryzysu władzy(Wydział Prawa i Administracji UAM, 1982) Czarkowski, AndrzejThe author of the article makes an attempt to determine social reasons of the Polish power crisis leading to the August conflict of 1980. Some trends of the discussion both inside and outside of the Party are criticized in the introductory remarks, i.e. 1) assumption of premises of the simplified economism, 2) failure to notice the contradictions inherent in the socialist development, 3) reasoning on the faith of the idealistic understanding of an individual's part in the history. Briefly speaking, it is a question of the trend which is a vulgarization of the Marxist theory of social developement. Finally the author formulates a hypothesis of contradictions inherent in socialism, which result in situations of crisis under particular .instances, assuming the shape of sharp social conflicts. Disfunctions of power are considered by the author to be one of those instances. A conflictive crisis of power has been a cyclically occuring phenomenon of the post war Poland in spite of the fact that the rules of the socialist democracy had been already laid down and the institutions of people's democracy were formed. A personality cult which could not have been overcome till August of 1980 was one of the reasons generating the power crisis. It gave rise to the contradictions between the system of the socialist democracy and the antidemocratic technics of power wielding. Inability to solve this contradiction was a result of primitive interpretation of the Leninist proposition of the proletarian dictatorship. A principle of the democratic centralism suffered a vulgar way of understanding as well, what in turn gave rise to the capacity of the executive power to escape a social control. In this way, the legislative, judicial and even the political power became subordinated to the executive machine. And the working masses were becoming an object of power instead of being its subject. At the same time a bureaucratic structure developed to be the actual social power supporting the executive machine. Bureaucracy severed its ties with the working masses of whom it had descended before and whom it was supposed to serve. Simultaneously, new powerful barriers were formed to prevent the penetration of new elements to the power machine. All this favored the generation of permanent formal and non-formal ties inside the bureaucratic structure to facilitate fulfillment of the interests of own stratum. These interests involved legal and illegal acquisition of social and material privileges. The bureaucratic stratum is also getting into an alliance with a lower middle class. Consequently the class interest of bureaucracy conflicted with the one of working masses producing in turn another factor of conflicts: a serious damage to the sense of social justice.Item Przegląd piśmiennictwa RPEiS 44(2), 1982(Wydział Prawa i Administracji UAM, 1982)