Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 1
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Item Spis treści RPEiS 45(1), 1983(Wydział Prawa i Administracji UAM, 1983)Item Nowe elementy statusu pracowniczego dyrektora przedsiębiorstwa państwowego(Wydział Prawa i Administracji UAM, 1983) Niedbała, ZdzisławNew acts of 25 Sept. 1981 have substantially changed the legal position of a State enterprise director. It concerns mainly the situation of a director as the managing organ and as the representative of an enterprise. His proffessional status has also changed. This a resulting, among others, from vesting the employees' council with the competence to appoint and recall the director. A minister supervising the enterprise, called the founding organ, is vested with the same authority. Both organs mentioned above enjoy a reciprocal right to raise objection against decided acts of appointing or recalling the director. Trying the objection is a subject of competence of a law court. Several additional elements consolidating the professional status of the director are created in the new regulation. In particular he is protected against a groundless dismissal. Judicial control of acts of appointing and recalling the director can contribute to limiting as yet arbitrary decisions in nominating for that office. Wide competence of the worker's councils in cases concerning appointing and recalling directors of enterprises are laying grounds for the effective social control of managing and directing processes in State enterprises.Item Ważniejsze propozycje zmian kodeksu karnego wykonawczego w odniesieniu do kary pozbawienia wolności(Wydział Prawa i Administracji UAM, 1983) Tobis, AleksanderThe article discusses changes of legal state pertaining execution of deprivation of liberty which are proposed by the Committee, specially appointed by the Minister of Justice, to be introduced in the Polish punishment execution code. The author submits- his remarks on the proposed changes and suggests his original legal regulation of some executory problems proving it with reasons. The following questions are dealt with in the article: changes of sec. 37 of the punishment execution code (hereinafter called the p.e.c.) and of sec. 80 of the penal code (hereinafter called the p.c.) concerning teleological aspects of execution of deprivation of liberty penalty. The author seeks to eliminate double regulating these questions in the p.e.c. and the p.c. The new content of sec. 37 of the p.e.c. is proposed with the allowance made, apart of general resocializing premises, for the certain marigin of punitive treatment of condemned persons not requiring resocialization. Changes in the structure of penal institutions and in grounds for classification of the sentenced persons are also discussed. Two new institutions are to be created in that scope: for the persons sentenced for unintentional offences and for serving the arrest sentence in a case of a petty offence. According to their types penal institutions are to be divided into closed, semi-open and open ones. The criterion of character of an offence is to be eliminated in the classification while the elements related to the personality of a perpetrator are to be more emphasised; psychological and penitentiary examination of the sentenced persons are to be introduced on a wider scale. Sentenced persons have to enjoy more rights while serving their sentences, especially in executory proceedings, in enjoying and exercising religious practices, in self-education, in including, under some conditions, the periods of employment to old age pensions, in extending periods of a rest leave, in assistance in the social adaptation upon release from a penal institution etc. The problem of means of penitentiary treatment: of work, education, cultural and instructional classes as well as of rewards and disciplinary proceedings are also discussed in the article. The article is closed with conclusions and proposition of egal regulation.Item Podstawy prawne dyscypliny pracy w Tolniczych spółdzielniach produkcyjnych(Wydział Prawa i Administracji UAM, 1983) Strugała, Jerzy R.The work discipline in agricultural collective farms is indispensable in obtaining there good productional results. The agricultural collective farms are operated by means of labor of its members (i.e. members of the cooperative), their families and employees. The legal situation of members of the collective body is regulated either in cooperative law or in labor law. The coperative law does not offer any regulation of the work discipline in collective enterprises, on the other hand, the application of labor law to members of cooperatives and their families in very limited. Yet, some uniform rules of work discipline for all the members of a collective body have to be established in order to provide the effective, work. Cooperative statutes, regulations and decisions of cooperative organs are aimed at pursueing this goal. The regulation of work discipline adopted in internal normative acts of a cooperative is in many instances patterned on the legal institutions of common labor law. That usage of patterns of legal solutions put to tests in the long practice of labor law application can be correct, provided that particular rules of collective farm functioning are taken account of.Item Ochrona interesów obywatela w postępowaniu przymusowym w wybranych państwach socjalistycznych(Wydział Prawa i Administracji UAM, 1983) Hauser, RomanThe article describes the regulation of execution proceedings in administration of the selected European socialist States. The analysis is limited to the legislations of those States, where the execution proceedings has been more completely regulated. It is the case of Bulgaria, Czechoslovakia, Yougoslavia, Poland and Hungary. In the remaining States the execution proceedings occupies a secondary position and is fragmentarily regulated in various legislations of detailed problems of state's administration. Various normative models adopted in the socialist States can be specified on the grounds of varying modes of regulating the procedure. The author focused on the problem of safeguarding legally protected interests of citizens in the execution proceedings in the compared legislations. The very fact of legislating the proceedings by means of parliamentary acts has the essential effect upon the protection of citizen's interest. Out of detailed questions the following were analysed: mode of regulating some execution means (substituted execution, immediate enforcement), principles of execution proceedings and the system of appeals. The author concludes that the priority is attributed to the protection of State's interest in the specific collission of State's and citizen's interest which is observed in legislations of execution proceedings in the socialist States. Polish legislation however, can effectively protect the interest of citizens in the execution proceedings. The author indicates at the necessity of further actions aiming at more effective citizen's interest protection by means of submitting decisions given in the execution proceedings under judicial control of administrative decisions.Item Negatywne przesłanki rozwiązania małżeństwa we współczesnych europejskich systemach rozwodowych(Wydział Prawa i Administracji UAM, 1983) Olejniczak, AdamL'objet de cette dissertation c'est l'analyse des fins de non-recevoir dans les dispositions sur le divorce en Europe. L'auteur analyse successivement les circonstances qui peuvent faire preuve de l'opposition du divorce: l'intérêt des enfants mineurs issus du mariage, les torts exclusifs de l'époux demandeur (la récrimination), la clause de dureté, la durée du mariage trop courte, la prescription et la collusion (fautes simulées). L'application de la fin de non-recevoir constitue la preuve de la réalisation de la hiérarchie des valeurs par le législateur. Ce qui décide de la forme de la fin de non-recevoir, c'est la cause de divorce rendant possible la dissolution du mariage. Dans les cadres de système du divorce pour rupture de la vie commune, il existe des fins de non-recevoir pour l'application desquelles, il est nécessaire d'apprecier le conflit des valeurs. Nous avons une telle situation au moment où l'on ne peut pas prononcer le divorce s'il est contraire à l'intérêt de l'enfant mineur. Dans les cadres de système du divorce par consentement mutuel on ne peut pas réaliser l'appréciation de conflit des valeurs. Le législateur supposant son existence dans les dispositions juridiques définit ses préférences. Une telle situation a lieu au moment où les normes juridiques défendent de divorcer des époux ayant des enfants mineurs. On observe une tendance soit d'éliminer soit de limiter la récrimination — ce qui résulte de la limitation du rôle de la faute dans la législation du divorce^ Le législateur crée les fins de non-recevoir dans les cas extrêmes et de plus en plus souvent leur fonctionnement est limité par un délai. Après l'expiration de celui-ci, le divorce peut être prononcé: cela permet de réaliser aussi d'autres valeurs du système éthique.Item Oświadczenie dorozumiane a swoboda formy czynności prawnych(Wydział Prawa i Administracji UAM, 1983) Moskwa, LeopoldA notion of the implied declarations of will is still controversial in the current statements of legal doctrine. Therefore an attempt at construction of the reporting definition of the term seems worthwhile. Interpretation of the sec. 60 of the Civil Code allows to reach a conclusion that the explicit and implied declarations of will cannot be distinguished on the grounds of this regulation. On the other hand, several various concepts of the declarations issued per facta concludentia are presented in the legal science. Opting for anyone of those is of no importance. One can agree that defining implied declarations one way or another is primarily a matter of convention. The above statement however, should not result in renouncing the defined term. It is the author's opiniono that a declaration of will can be understood as the implied one if it is issued with a use of sign which aquires its significance only in a defined situational context. A detail interpretation of wording of the sec. 60 of the c.c: "with a reservation of exceptions provided in the Act" is necessary to verify a statement that the cited rule does not allow to differentiate between the implied and explicit declarations of will. Contrary to the common opinion, that phrase, as it seems, cannot be identified with a requirement of keeping declarations of will in a form prascribqd by law. One can 'assume here that in this instance the Act requires to issue declarations of will by means of reproducing certain established formulae or models of behavior.Item Charakter prawny stosunków kredytu bankowego(Wydział Prawa i Administracji UAM, 1983) Janiak, AndrzejThe author makes an attempt at determining the dispute on legal character of bank credit relations which has been under way for years in the Polish legal literature. The proposition set forth mainly in literature of financial law alleging that bank credit relations under conditions of the socialized economy reveal traits characteristic of administrative law is polemized with. Multiaspectual analysis of binding regulation of crediting units of socialized economy allows for the conclusion that bank credit relations are posessing all the attributes of the obligational relations of civil law. That judgement of legal character of bank credit relations is not resulting only from analysis of the legal regulation. In the opinion of the author it is the only acceptable one also in the light of the position of enterprises as independent, self governing and self supporting economic subjects.Item Przyrodnicze, gospodarcze i społeczne konsekwencje ewentualnej eksploatacji poznańskich złóż węgla brunatnego(Wydział Prawa i Administracji UAM, 1983) Domański, RyszardThe survey relates proceedings of the Experts' Committee on natural, economic and social effect of prospective open working of Poznan brown coal deposits. The Commitee chaired by the author of this article was appointed by the Poznań division of Polish Academy of Sciences. 21 subjects have been elaborated, mostly in the group work in course of the expertise proceedings. Among others, these are the following: characteristics of the brown coal deposits and the designed mining and power combine, changes in groundwater circulation effected by a possible working of deposits, changes in surface water deposits, water requirements in the power plant as compared to total water deposits, danger for ground water intakes, changes in the area configuration, degradation of soils, the effect deposits working on agriculture, forestry, industry, housing and infrastructure, the effects on population, employment, living conditions and last but not least — losses in the sphere of national culture. The expertise provides a relatively complete comparison of costs and losses related to the prospective exploitation of the deposits. It can therefore be of a higher value for the decision making than ministry calculations biased by technical and productional point of view. A correct assessment of the effectiveness of the mining and power combine is possible only against the background of the assessment of nation-wide power-system and perspectievs of its developementItem Rozwój systemu społeczno-politycznego w Polsce i współpraca z Zachodem: dotychczasowe tendencje i prognozy na lata osiemdziesiąte(Wydział Prawa i Administracji UAM, 1983) Guzek, MarianThe article attempts at juddgement of roots of Polish crises taking the international conditioning into consideration. There are variants of forecasts for the eighties formulated, on the grounds of the observed tendencies in the aspect of evolution of social and economic system and the cooperation with the West. Two regressive „paths" are distinguished which require substantial curbing; of links with the West as well as two progressive ones implying further inflow of accumulation of outside from the West. The variant resting on the assumption of extrapolating main trends of seventies is considered by the author to be the most probable. It involves also the tendency of further structural hybridization without removing the main reasons of inefficiency of the economic system i.e. lack of correct political verification of macroeconomic decisions and lack of mechanism of optimum investment allocation and motivation system. There is also a forecasting variant presented which implies a reduction of social antagonisms by means of the national compromise providing facilities for a transition to the real national State organized according to the rules of inclusive socialism (including a society in the process of exercising political and economic power). These rules should capacitate creation of the new economic model different from the Hungarian and Yugoslavian ones, which in the opinion of the author, do not ensure a correct utilization of external and internal accumulation and are likely to induce crises. Yet, this forecasting variant (labelled the path 4) is considered by the author to be the least probable on account of the adverse structure of social powers and a lack of practical experience.Item Pojęcie indeksu w statystyce ekonomicznej(Wydział Prawa i Administracji UAM, 1983) Cyhelsky, LubomirThe article defines the term „index" indicating at its Latin origin and at its present meaning in some spheres of human activity. Next, the meaning on the term „index" in economic statistics is presented. The indices can be classified with a use of different criteria. The article employes their division into absolute and relative ones. The following can be specified in the relative index group: relative rationals (intensive), relative irrationals and relative figures expressing the comparison of equal indexes. Definition of index in economic statistics in the views of representatives of the index theory is discussed in the next part of the article. The I. Fisher and B. Korda definitions are criticised. The author is reflecting on the Flaskämper definition. The work of numerous Soviet statisticians in describing the sense and notion of index in economic statistics is also emphasised. In the closing remarks the criteria of index definition are discussed. In the end the following definition of index is offered by the author: index in economic statistics is a relative irrational expressing temporary, spatial or material relation of equal indices, or analysing it. The indices indicators are understood to be numbers characterising a property of the defined individual or the statistical set.Item Model zmian stopy zysku przedsiębiorstwa w gospodarce wolnorynkowej(Wydział Prawa i Administracji UAM, 1983) Duffhues, P. J. W.In every society it is a firm's task to fulfil the needs of consumers and other producers in the most efficient way. This is to mean that the value created by production should at worst equal the value sacrificed. One of the components of value sacrificed is the cost of debt and equity both of which can be measured on the competitive capital markets as a result of demand and supply. In business finance literature there is much attention to these fields of high theoretical and empirical importance. The cost of debt capital is relatively easy to measure as the discounting rate which equalizes all future payments on the debt instrument (i.e. interest and repayment) to its current market price. The payment of all debt liabilities has to be done before the owners of the company can receive their cost of equity capital, the latter cost being defined as the discouting factor which equalizes all expected future payments to the current market price of the share. Accounting profits of companies are measured gross of thé costs of equity capital, i.e. before costs of equity capital are deducted. Economic profits are defined as accounting profits less costs of equity capital. It may be concluded that from an efficiency point of view research as to the question of the amount of the realized (accounting) rate of return of individual companies is of high importance. Besides research on the measurement of the cost of capital itself should continue. The present article deals with the first research. It concentrates on the measurement and analysis of changes in the accounting rate of return, thereby taking advantage of earlier work done by prof. dr. H. Albach. Eventually, rate of return developments over time may be analyzed using one or two models which are described in the paragraph IV, After some clarifications (par. V) and an illustration of the working of these models by means of a theoretical example (par. VI) empirical attention is given to the analysis of the accounting rate of return developments with regard to the Philips Company. Paragraph VIII summarizes and concludes.Item Zróżnicowanie czynników określająjących poziom kosztów przedsiębiorstw handlowych pod wpływem środowiska ich działalności(Wydział Prawa i Administracji UAM, 1983) Witkowska, AleksandraThe article touches a problem of identification of cost generating factors in the food products retail enterprises in a study of data broken up by environmental factors. The-author puts forwards a proposition that the cost generating factors are differentiated by the environment of activity of the trading enterprices. A number of permanent city dwellers was adopted as a criterion to distinguish environmental groups. The division is therefold, into cities of: more than 200 thousand, 100-200 thousand and below 100 thousand inhabitants. ; Two stage-procedure has been applied in the process identifying- the cost generating factors. A selection of the most significant set of variables (determining the cost range) out of potential determinants was performed in the stage one witfi the aid of several statistical procedures of variable selection. The degree of quantitative effect on costs of the selected variables was assessed in the stage two by means of the regression method. The differentiation of cost generating factors subject to a size of urban aglomeration was proved on the grounds of the results obtained.Item Identyfikacja czynników określających koszty przedsiębiorstw handlu hurtowego metodą regresji krokowej(Wydział Prawa i Administracji UAM, 1983) Gorzelańczyk, KrystynaThe article is a next in turn attempt to identify the cost determining elements in the wholesale trade. There were 142 enterprises of the food products branch selected from the period when the wholesale was institutionalized. On account of heterogeneity of the examined population the one factor delimitation was performed with a use of typological grouping method adopting warehouse space as a factor of the criterion, as a result the enterprises were divided into three types. There were ten potential explaining variables isolated from each of the received populations, the variables reduced them to the optimum set with a use of step regression method. The method proved to be useful in the research subject. The analysis allowed to establish the dominating significance of the following factors: the range of rendered services, human factor and capital. Their weight is different in the respective types of enterprises.Item Analiza tendencji rozwojowych kosztów przedsiębiorstwa handlowego przy wykorzystaniu metody indeksowej(Wydział Prawa i Administracji UAM, 1983) Poetschke, HelenaThe article analyses the cost dynamics in a microeconomic scale. The study is conducted on the example of a retail trade enterprise in a longer span of time of 23 years (1953 -1975). The source material has been reduced to statistical comparability. Two variants of comparison were assumed with the adoption of the X965 and 1971 values as constans. The method of economic indexes has been employed in the dynamics analysis. The analysis was carried out in a multivariant mode: in shorter and longer periods of time. The cost variation was examined against commercial activities of the enterprise, establishing several economic causalities. The author made also an attempt at determining usefulness of the method of economic indexes in the analysis of cost dynamics in trade.Item Próba wykorzystania zmiennych syntetycznych w badaniu kosztów przedsiębiorstwa handlowego(Wydział Prawa i Administracji UAM, 1983) Witkowski, MarekThe study is devoted to the dynamic analysis of costs in a commercial enterprise in the aspect of its causation conditioning. The article consists of three parts. The first one raises the subject of comparability of statistical information over time, as any analysis performed in the scale of an enterprise has to be dynamic. The second part is an attempt to apply the classical method of regression in the analysis of cost variation. The obtained results however, could be accepted uder reserve. These objections were caused by the fact that charging of regression parameters effected by the occurence of collinearity of cost generating variables had to be taken account of upon the assessment on cost variations based on economic time series. By reason of the above, there is a proposition of a dynamic analysis of costs presented in the closing part of the article, with an employment the method of synthetic variables (hereinafter called the MSV). The author presents a process of construction of the so called measure of activity developement in a commercial enterprise, which was introduced. Next the measure is treated as the basic factor conditioning a dynamic cost variation and it is introduced to the dynamic cost equation. The empirical MSV verification performed on the source material proved its unquestionable usefulness for the analysis of the problem.Item Podstawowe tezy teorii naznaczania społecznego(Wydział Prawa i Administracji UAM, 1983) Krajewski, KrzysztofThe theory of social labelling has radically revaluated several propositions previously widely accepted in the sociology of deviations and in criminology. It is mostly a question of the departure from the deterministic approach giving preference to the etiology analysis of deviational and criminal phenomena combined with a stress on the role of social control understood as a factor being at the bottom of social order. The theory has also criticized discriminating deviational and criminal phenomena from other social facts on the grounds of their objective and qualitative differences, The proposition of "distinctness" of deviated persons or criminals from other people, which was in addition to account for deviational behaviour, was pronouncedly dismissed. A new way of defining the deviational phenomena was developed in the social labelling theory upon application of the behavioral criterion of reaction to a given type of behaviour in place of the previous formal criterion of a norm contravention. Simultaneously a, stress was laid on the role of an intragroup interaction in forming judgements and interpretations of other persons behaviour and in considering it to be deviated. Reflections on the negative effect of the institution of social control were extended by introducing a notion of the secondary deivation. Consequently it was suggested in the new trend to reevaluate the previous treatment of deviational and criminal phenomena and replacing the "correctional" attitude with the one of "understanding". That would imply a substantial change in methods and ways of treating phenomena of deviation and deviated persons themselves. To sum up: irrespective of the disputability of its several propositions, the social labelling theory can be considered as a particularly original attempt at creating a complimentary approach to the subject in relation to the previous theories of deviation and crime.Item Ruchliwość zawodowa a polityka racjonalnego zatrudnienia(Wydział Prawa i Administracji UAM, 1983) Penc, JózefThe increase of efficiency of managing is the central task for all the branches of national economy. It allows for focusing on the problem of rational utilization of the labor resources. There are huge reserves hidden in managing those resources, their actuation can substantially facilitate growth of production, not involving capital expenditure, eliminating its barriers and achieving social goals. In the article the author dwells mostly on that aspect of the rational resource management policies which is concerning methods and instruments of the rational distribution of the resources and their utilization in particular branches of the economy, according to their requirements and to the social needs of workmen. Interrelations between the following notions are analyzed: professional mobility, labor flux and stabilization. Socio-economic consequences of fallacious understanding of these notions and misguided shaping of their magnitudes in various branches of economy are indicated. It is mostly the case of industry. The author focuses on the desired elements stimulating advisable mobility and stability values. Analysis of conditioning of the both phenomena allows for the conclusion that findings of social psychology in the aspect of the theory of personality and motivation of human actions have to be accounted for in the goal of improving distribution control of labor resources and in creating conditions for their real stabilization. There are four groups of needs related to work formulated by the author on the grounds of these findings, their -analysis performed by the relevant employment services can facilitate understanding of motivation of workers behavior, their tendencies to stabilize or to change labor as well as undertaking indispensable actions in order to stimulate it in a proper way.Item Przegląd piśmiennictwa RPEiS 45(1), 1983(Wydział Prawa i Administracji UAM, 1983)Item Sprawozdania i informacje RPEiS 45(1), 1983(Wydział Prawa i Administracji UAM, 1983)