Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 1


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    Spis treści RPEiS 45(1), 1983
    (Wydział Prawa i Administracji UAM, 1983)
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    Nowe elementy statusu pracowniczego dyrektora przedsiębiorstwa państwowego
    (Wydział Prawa i Administracji UAM, 1983) Niedbała, Zdzisław
    New 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.
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    Ważniejsze propozycje zmian kodeksu karnego wykonawczego w odniesieniu do kary pozbawienia wolności
    (Wydział Prawa i Administracji UAM, 1983) Tobis, Aleksander
    The 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.
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    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.
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    Ochrona interesów obywatela w postępowaniu przymusowym w wybranych państwach socjalistycznych
    (Wydział Prawa i Administracji UAM, 1983) Hauser, Roman
    The 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.