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.
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    Funkcje społeczno-terapeutyczne systemu penitencjarnego oraz sugestie de lege ferenda
    (Wydział Prawa i Administracji UAM, 1995) Janiszewski, Bogusław
    The paper makes a reference to social therapy centres operating in Germany, whose aim is to substitute prisons. Social therapy proves to be an indispensable element of rational criminal policy and should be offered to certain categories of those sentenced to imprisonment. In Poland, apart from their regular role, such centres might also become a factor with which the whole of the penitentiary system would be humanised. An approval of penitentiary principles on which the draft of the criminal code of 1994 is based and today's knowledge about the functioning of the institution of social therapy and their results today, allowed us to formulate eight postulates of criminal policy included in the paper which also contains de lege ferenda proposal (in the 'optimistic'variant and the 'minimum'variant).
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    Funkcja trwałej wydajności podatku i funkcja sprawiedliwości a system podatkowy
    (Wydział Prawa i Administracji UAM, 1995) Gomułowicz, Andrzej
    Tax system should be built on two, not contradictory principles. The first one should be the principle of constant efficiency of the tax, which means the adequacy of the tax amount payable and its capability of growing. Constant efficiency is a measure of the assessment of right choices in selecting tax sources. The other principle is the principle of justice in the distribution of tax charges. Tax justice has two aspects: a horizontal and a vertical one. The rule of horizontal justice says that all the subjects in the same economic conditions must be treated in the same manner in respect to tax. At the same time, what is 'unequal' from the tax point of view, must be 'unequally' taxed (vertical justice). Tax justice may be described using two criteria: the criterion of equivalence and the criterion of tax capability.
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    Realizacja redystrybucyjnej funkcji finansów publicznych za pomocą systemu podatkowego
    (Wydział Prawa i Administracji UAM, 1995) Sowiński, Ryszard
    The state today is trying to change the structure of its people's income and property shaped spontaneously in the recent years. One of the ways to perform such re-distribution is the implementation of a budgetary revenues system. Such a function of taxes is subject to various criticisms because: 1). its purpose and scope has not been adequately determined by its followers; 2). its realisation weakens the efficiency of the basic, i.e. fiscal function of taxes; 3). the role of tax policy in the influencing and shaping the economic reality is often overestimated; 4). the effects of the re-distributive function are inverse to the intended ones, i.e. they do not improve the living conditions of the poor population, but on the contrary, the poverty of the poor deepens expands.
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    Ekonomiczne i prawne aspekty spójności instrumentów polityki makroekonomicznej z rynkiem
    (Wydział Prawa i Administracji UAM, 1995) Ostoj, Jan; Unger, Peter
    Macroeconomic policy uses a variety of instruments. In contemporary literature attempts to assess those instruments as well as to evaluate their pro-market levels can be found. It is claimed that the higher its pro-market level, the better the instrument. The authors focus on the description of the main instruments of macroeconomic policy and also present additional factors determining the value of the instrument with regards to its pro-market level. The conclusion is that instruments of economic policy cannot be categorised into ordered division of those instruments into such ones as taxation, charges and other tender instruments. Instruments which belong to the same group reveal a different level of compatibility depending on their purpose and manner in which they are used. This, in consequence, means a differentiated level of market feedback generated by those instruments.
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    Efektywność różnych form prawnych prywatyzacji
    (Wydział Prawa i Administracji UAM, 1995) Bartczak, Ewa
    The paper contains a description of the basic forms of ownership changes provided for in the bill on "Privatisation of state owned enterprises" of 13 July 1990. A financial assessment of privatised enterprises against state owned enterprises and all other companies has been made. This assessment was made on the basis of empirical material obtained from the Provincial Bureau of Statistics in Poznań and the Head Bureau of Statistics. The revealed results relate to the companies from Poznan region in the third quarter of 1993, and companies in Poland in the third quarter of 1994. Further, the factors which influence the effectiveness of privatisation processes have been discussed. A number of factors, both internal and external for the company have been described. A need to change those factors which hinder privatisation has been stressed in view of the fact that ownership changes make a absolutely necessary condition for the economic growth.
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    Przebieg procesów prywatyzacji w Polsce (funkcjonalność i dysfunkcjonalność rozwiązań prawnych)
    (Wydział Prawa i Administracji UAM, 1995) Marczuk, Stanisław
    The term 'privatisation' has recently expanded to include not only the very fact of the change of ownership but also the social and political as well as economic conditions in which that change takes place.The paper lists factors and conditions conducive for effective privatisation. They include: 1) coexistence of political and economic reforms, 2) capability of the leaders of showing the society the benefits of privatisation, and provision of general economic education, 3) reduction of the resistance to privatisation which may be expressed by those groups of population which are threatened by privatisation (certain workers' groups/employees, certain government officers etc.), 4) principles of disclosure as well as social control and supervision of the sale of state owned enterprises, 5) avoiding situations where the public monopoly is being replaced with the private monopoly. In connection with the above, the economic and social effects of the privatisation of state owned enterprises in Poland are discussed. The conclusion is that changes in the privatisation policy are indispensable, requiring changes towards gaining more public support for the privatisation policy and improvement of the existing solutions.
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    Poczucie prawnego bezpieczeństwa w warunkach transformacji systemowej
    (Wydział Prawa i Administracji UAM, 1995) Pawłowska, Barbara; Drozdowski, Rafał
    The first part of the paper focuses on the discussion of a number of the most typical features observed in the transition period which in the opinion of many Poles, were the most influential factors generating the feeling of low level of legal security experienced by many in the years 1992 -1993. On this background, several instruments which may reduce the feeling of a lack of'institutionalised security' are presented. Those solutions have emerged in conditions when a new political, economic and social order is created and they include such instruments as eg. handing over to the mass media a function of an effective temporary citizens intervention institution, expecting that the media and business sphere would assume a role of a substitute of the official social care and welfare system, or the treating of the institution of the ombudsman as a place where every social claim and demand can be addressed. All such functions have been previously assumed by the state or rather its party structures. In the author's opinion the reality today is that they are presently merely prostheses acting in place of the real state, being its temporary and inadequate substitute. What is more, they unintentionally petrify the system in which the dominance of nonstandardised and non-formal procedures is still well maintained.
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    Urzędowe podwyżki cen a reakcje konsumentów (próba analizy psychospołecznej)
    (Wydział Prawa i Administracji UAM, 1995) Kowalik, Stanisław
    The paper discusses results of empirical investigations into the consumers' reactions on a price increase. It has been shown that the perception of changed prices and consumer behaviour as a reaction to increased prices differs depending on the level of income (low, medium and high). A particularly interesting result of the investigation is that there is no relation between the wealth level and the acceptance of the new economic system within which the prices are increased. An attempt has been made to explain this phenomenon using a concept of ideological orthodoxy.
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    Syndrom dysfunkcjonalności ustawodawstwa (na przykładzie przepisów o stopniach i tytułach naukowych)
    (Wydział Prawa i Administracji UAM, 1995) Ziembiński, Zygmunt
    The syndrome of dysfunctionality of legislation may me discussed in those cases when, from the dysfunctionality of legal norms seen from one point of view provokes the dysfunctionality of law as seen from others points of view. An example here may be the regulations concerning academic degrees and titles in Poland which have changed over the last forty years a number of times, leading, in consequence, to a great confusion and multi-level adverse effects for an adequate organisation of the academic structures.
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    Przegląd piśmiennictwa RPEiS 57(1), 1995
    (Wydział Prawa i Administracji UAM, 1995)
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    Sprawozdania i informacje RPEiS 57(1), 1995
    (Wydział Prawa i Administracji UAM, 1995)