Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1995, nr 1


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    Spis treści RPEiS 57(1), 1995
    (Wydział Prawa i Administracji UAM, 1995)
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    Kilka uwag w sprawie funkcjonalności i dysfunkcjonalności konstytucji
    (Wydział Prawa i Administracji UAM, 1995) Wronkowska, Sławomira
    The paper focuses on a number of theses for the discussion on the functionality and dysfunctionality of constitution as the superior legal act in the State. Particular attention has been drawn to various aspects of dysfunctionality of the fundamental bill, and namely: the inadequacy of the organisational structures it provides, its lack of respect for social facts and reference it makes to axiological justification of values which are contested by a large proportion of population.
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    Zagadnienia funkcjonalności prawa rolnego w okresie transformacji gospodarki
    (Wydział Prawa i Administracji UAM, 1995) Budzinowski, Roman
    The purpose of the paper was to determine the functionality of agricultural law, i.e. finding an answer to the question whether the norms or institutions of that legal branch really serve the transformation of the economy, and whether they are - from that point of view - adequately functional. The transition from the centrally planned/directive system to a market economy system has resulted in far reaching changes in legal regulations relating to agriculture. The currently binding agricultural law is made up of many different legal acts; some issued as recently as in the last five years, some during the period of communist Poland and others date back to the period 1919 - 1939. First, detailed reference points are presented on the background of general assumptions of economic policy and assumptions and objectives of agricultural policy. Next, the development of agricultural structures and the infrastructure of the rural communities and agriculture is discussed. The conclusion of the paper is that legal instrumentalisation of the process of agricultural transformation is still in a formation phase. Many new legal acts need to be issued and the existing ones require amendments. Therefore, from the point of view of economic transformations, the agricultural law is not yet adequately functional.
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    Rola ustawy z dnia 12 X 1994 r. w ochronie obrotu gospodarczego
    (Wydział Prawa i Administracji UAM, 1995) Tobis, Aleksander
    The paper focuses on the role of the bill of 12 October 1994 (Journal of Laws no 126 item 615) on the protection through penal law of economic turnover in Poland. In particular, principles regulating new types of crimes and offences such as property damages caused to an individual or a company, abuse of confidence, obtaining, on false pretences, of a bank loan, loan guarantee, grant, subsidy or other public funds etc. The construction of the offences relating to false pretences has been compared with those of the crimes of fraud. Further, crimes related to insurance fraud, crimes against creditors and offences leading to a disruption of tender are described. "Money laundering" has been separately discussed. The manner in vhich the bill has been drafted is being criticised and the paper also criticises its legislative methodology. The bill should become an integral part of the new penal code.
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    Prawno-organizacyjne problemy przeciwdziałania "praniu brudnych pieniędzy"
    (Wydział Prawa i Administracji UAM, 1995) Zakrzewski, Ryszard; Jasiński, Wiesław
    Legal and institutional solutions currently binding in the Polish financial system in the current transition period facilitate the procedure of money laundering. Consequently, the model of market economy which has recently developed in Poland requires legal and financial regulations as well as penal regulations with regard to "money laundering" for use in the prevention policy against this phenomenon. The paper discusses the most significant legal and organisational projects implemented to prevent 'money laundering', and provisions of Article 5 of the bill of 12 October 1994 about the relevant penal law regulations.