Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1983, nr 4
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Item Spis treści RPEiS 45(4), 1983(Wydział Prawa i Administracji UAM, 1983)Item Skuteczność konwencji MOP w polskim . prawie pracy(Wydział Prawa i Administracji UAM, 1983) Chobot, AndrzejThe study elaborates a problem of relation of the ILO conventions to the internal labour law in Poland having in view general transformations in -the modern world resulting in abandoning extreme dualistic ideas in favor of concepts which are intermediate between monism and dualism in solving the international and internal law relation dilemma. Lack of an explicit regulation of that question in the Polish constitution and a lack of labour code provisions on its relation to the international labour laws as well as a particularly compound nature of problems involved render a discussional and issue stating character of this study. A comparison of basic principles of labour law in Poland with relevantly ordered conventions of the ILO proves a high degree of their interference. The conventions are also analogous to the Polish law within the framework of respective principles. Since the basic principles of internal law are developed not only internally but also externally, outside of State, in the ILO conventions, the latter should perform, among others, functions analogous to those of basic principles of the internal labour law. A substantial number of conventions corresponding to some of those principles suggests a high degree of detailed regulation provided. In fact most of these conventions concern details which can find more circumstantial regulation in international law than it is done in internal labour law, especially in acts of legislation: A comparison of specific international and internal provisions relating to the same question can usually indicate that in the scope of their wording they are almost not different, especially in the respect of a possibility of their application in internal law. They are of a self-executing character which can be indirectly proved by the fact that some labour codes prescribe expressis verbis applying the ILO conventions in specific individual matters not being regulated by internal law. Wording of certain provisions of the ILO conventions can also suggest adopting a principle of laying down certain rights (or duties) directly for the benefit of employees (or employers) and of describing situations in which rights or obligations formulated in the convention are to be regulated in internal law or by other acts of domestic authorities or other subjects of internal law. Another legal and dogmatic argument for the proprio vigore effectiveness of a substantial part of the ILO conventions in the internal relations is also the fact of their en bloc' ratification by the special ratifying act of the Diet. It can be also proved by way of entering into an agreement adopted in Poland, ratification procedures and, especially a „qualified" mode provided for the ILO conventions. It is implied that internal law has to be brought to conform to the ILO regulations and conformity to socio-political conditions has to be examined before and not after ratification. Some opinions expressed in the doctrine of labour law ought to be rediscussed as it seems, in light of these findings; it concerns those views Which assume that provisions of the ILO conventions must be, as a rule, substantiated in internal laws. It has to be therefore postulated to regulate a relation of international to internal law in the Polish constitution. The relation of the ILO conventions to internal labour law can be additionally regulated in labour code, provided the participation of the Diet in the convention ratification process.Item Rewaloryzacja i waloryzacja świadczeń rentowych i emerytalnych w świetle reformy z grudnia 1982 r.(Wydział Prawa i Administracji UAM, 1983) Jackowiak, CzesławA development of pension scheme system in the People's Poland has heavily depended on the economic situation of the country and barely followed increase in costs of living and in wages. A lack of built-in system mechanisms adjusting level of pension benefits to level of wages or cost of living indices resulted in a discontinuous development of the pension system which in turn led to a further discrepancies in levels of pensions and wages. Revalorization of all previous pension benefits is thus a basic achievement of the Dec. 1982 pension reform. The previous benefits are to equal in three subsequent stages (up to Jan. 1, 1985), the level of the presently granted benefits, the built-in valorisation mechanisms are to be introduced starting from Jan. 1, 1986. Revalorisation of the previously granted pension benefits was carried out tin two areas. Basis of assessment of all previous pensions was revalorized proportionally to the period of time from the date of their granting, also a value of pension benefits was recalculated with an application of increased (to 3000 zł) degression value and increased percentage indices for particular types of pension benefits and pension allowances. Revalorization of wages as a basis of assessment of pension comprised the inclusion of compensations paid after the 1861 and 1982 increases of prices of consumption goods. This however, resulted in a reduction of value of dependents' pensions, especially in a numerous families which can raise abjections. The degression threshold moreover, has been situated on a too low level equaling only 60% of a lowest pension which gives occasion to include pensions calculated on a basis of wages even 50% higher from the lowest ones to the portfolio of lowest pensions (as regards dependents' pensions). Rules of valorization to be introduced in future are correct, especially the adoption of the so called valorization ratio can maintain a stable relation between a pension and a basis of its assessment, in spite of increases in wages being a basis of valorization. What is raising objections though, is putting off a date of introduction a yearly valorization scheme to Jan. 1, 1986. A further increase of costs of living and wages must be accounted for in the present situation of economic crisis and rapidly developing inflation. Further discrepancies in levels of pensions calculated on the basis of 1982 indices vs. levelsof dynamically growing wages will eventually make the 1986 valorisation operation economically difficult.Item Z problematyki lucrum cessans w obrocie uspołecznionym(Wydział Prawa i Administracji UAM, 1983) Napierała, JacekFailing a legal or contractual provision - to the contrary, redress of damages covers the losses borne by the injured person as well as the profit he could have made if he had not sustaineld the damage. Dogmatic amid legal probletms emeriging by delimiting a scope of that form of a profit loss which is loss of returns expected by the injured unit of economy is the subject of this study. The analysis has to be opened with stating the relation of that element of damage concept to its other types described in legal acts as "direct damage", "indirect damage", "actual damage", "future damage", "damage in the amount of usual commercial value of goods", or "expected damage". These terms can be usually observed when discussing departures from the principle of full damages. Assessing value of lost profits has to account for an individual situation of a specific injured person. There is no justification on the grounds of Polish law to emiploy a concept of the so-called "abstract profit". This fact however does not exclude a possibility of invoking certain typical standard situations when assessing value of lost profits, yet an actual and specific character of damage calculation is not upset. There is a problem to be solved on reconstruction of a hypothetical course of events which could have effected possible profits: can the scope of debtor's liability be influenced by the fact that a loss of profits would have ocurred even if the event producing damage had not happened? Another problem requires an answer to the question whether the injured unit should recover damages reduced by profits it could have gained undertaking other type of activities? Still other questions can emerge when assessing what part of the expected (planned) financial gain can be considered to be lost within the meaning of art. 316)1 § 12 of the civil code. It is a fragment of a wider problem i.e. the effect of financial law institutions on the application of civil law provisions. The author has also made an effort to prove that a postuliate raised in literature as to necessity of proving that a loss of profits was "actually" borne does not contradict the fact that a hypothetical situation of the injured can only be assessed at most, with a high degree of probability. Employing a traditional division to lucrum cessans and damnum emergens by the Polish legislator even in economic relations can prove the advisability of using — to a proper degree — solutions elaborated by practice and doctrine of civil law when discussing problems characteristic for law on socialized transactions. Legislative solutions as well as views of the doctrine of law on economic activities of the socialist States were presented in its essentials.Item Z problematyki prawa celnego(Wydział Prawa i Administracji UAM, 1983) Komar, AndrzejThe article discusses several problems from the domain of duty — legislation. It presents such questions as: the notion of duties and their resemblance to taxes. The author claims, that duties are in fact taxes. The problems further discussed in this article are duties collected in commercial and non-commercial turnover. What has been characterized in greater detail are the differences between these two kinds of duties, particularly those concerning their assessment and amount. The author critically evaluates the distinction made between these two. kinds of duties. He claims, that the division into commercial and non-commercial duty is artificial and does not consider economic realities. Therefore, the author is for the abolition of this division. The duties, which are collected from tourists, the so-called non-commercial duties, have also been criticised in the article. In the author's opinion, the integration of socialist countries requires among others free flow of people. Meanwhile, however, the existing duties constitute one of the restraints of the development of tourism. Moreover, in the socialist countries, too much importance is attached ' to duties as instruments forming the market balance. It seems to be a task trespassing the possibilities of duties as such. Duties applied to the flow of tourists are also to limit the exportation of foreign currency. And yet, the really necessary move is the introductioin of a possibility to exchange ' the currency of socialist countries, using at the same time, such rates of exchange which consider the purchasing power of population. The author believes, that it would be highly advisable to abolish such duties in the tourist exchange among Comecon countries.Item W sprawie opodatkowania osób zagranicznych prowadzących na terytorium PRL działalność gospodarczą(Wydział Prawa i Administracji UAM, 1983) Małecki, JerzyThe act of nationalization as well as economic and political chaniges in functioning of State after the World War II has not altogether eliminated a possibility of conducting business activities on the Polish territory by foreign subjects. Binding legal rules allowed that activity via the construction of the limited liability to pay taxes. Since the decade of seventies, taxation of foreign subjects doing business in Poland can be based on two legal grounds. First, on the provisions of international agreement on exempt from dual taxation of incomes or assets having usually a character of international norms of competence. Secondly, on Polish tax regulations on general rules of taxation and on specific provisions on taxation of foreign persons. In order to attract foreign capitali, regulations of Polish tax laws relating to foreign persons have a 'Character of special provisions. Yet these solutions are by no means exhaustive what is causing interpretational conflicts on application of various legal rules. It is necessary to revoke rules of competence universally adopted in the doctrine of law in order to solve these controversies. The rules assume rationality of the financial law-maker and they are employed to eliminate contradictions emerging in a legal system in consequence of forming norms in time, their generality, sipecificity and scope of regulation.Item Przygotowanie przestępstwa w jugosłowiańskim prawie karnym(Wydział Prawa i Administracji UAM, 1983) Kunze, EugeniuszThe new penal code of Yougoslavia of 1976 provides in art. 18 of its general part, apart of interpretational directions for understandinig the term of preparation, that a preparation for a crime is amenable to penalty only when it is explicitely provided by law. Thus preparation, as a rule, is not subject to penalty. The exceptions to the rule are described in the code, i.e. crimes, preparation of which is punishable. A general function of the institution of preparation is creating conditions capacitating or facilitating commiting a desired crime. Preparational actions being a subject to penalty can be understood in a dual way: as a phase of a defined criminal act or as a separate, self-contained crime. A voluntary desistance from preparation involves a possibility of release from inflicting a punishment.Item Eksploatacja dna morskiego i podglebia w świetle konwencji NZ o prawie morza(Wydział Prawa i Administracji UAM, 1983) Hołowiński, JanThe Polish delegation signed the UN International Convention on the Law of the Sea in December 1982 and its ratification is being prepared now. This international act is evaluated as a compromise, as it often happens with international problems of economic* exploitation, of the sea, of its ground (bed) and of the riches underneath the sea bed. The author of the present contribution presents some critical remarks concerning the concept of the (so-called) Sea Bed Authority, and particularly of the Sea Bed Enterprise, which are supposed to be organs of the United Nations Organization, and ergo are to be considered as subjects of international public Law. At the same time these organs are supposed to enter into commercial contracts with contractors and suppliers of various goods, services and know-how, both private, State owned or mixed companies, whether national or transnational. The UN Convention introduces also new words and phrases in international law which are derived from commercial activity in trade and industrial production, but have no counterpart in commercial law, id est a branch of private law. There is no transmission from this private law to relations regulated by international public law. ln consequence the prescriptions of the Convention do not seem to be practical enough and, even if the Convention will be ratified by a sufficient number of states to make it enforcable, the chapter on exploitation of the sea bed and its underground will have to be conceived in a different way.Item Międzynarodowa kontrola nierozprzestrzeniania broni jądrowej(Wydział Prawa i Administracji UAM, 1983) Gadkowski, TadeuszThe article discusses issues of international law related to the implementation of provisions of the Non-Proliferation Treaty. The author's study on the control activities of the International Atomic Energy Agency in the field of non-proliferation of nuclear weapons constitute the basic part of the article. In the light of provisions of the Treaty the MAEA is the sole competent organ to perform international control of its observance. Subjective and objective scope of the MAEA control activities in this range is defined in the Treaty provisions and the specific control procedures —- in the provisions of the Agency Statute and in its specific regulations (Safeguards Document, Inspectors Document) as well as in the provisions of Safeguards Agreements. Essentially, the author focuses on problems of Safeguards Agreements concluded in a result of implementation of the Treaty provisions. Safeguards Agreements concluded by the Agency and a State of a group of member States, contain regulations on general grounds and rules of control activity of the Agency in the scope of peace nuclear activities of member States and provisions defining procedure of applying control mechanisms. The author discusses substantiate of these agreements on the example of a typical agreement of MAEA with Poland, and interprets its basic provisions. A considerable part of the article is the assessment of effectiveness of the control system of International Atomic Energy Agency in the light of implementation of provisions of the Non-Pirolif eration Treaty.Item Podział aktów normatywnych na dokumenty(Wydział Prawa i Administracji UAM, 1983) Łachwa, AndrzejFunctioning of the full text legal data banks consists in providing its users with such fragments of the legal text as might be relevant to resolving definite legal questions. A proper fulfilling of this task is dependent i.e. on the way in which the text in question are subdivided into smaller units denoted by the term documents. The author discusses the problem of the optimal size of such units. Subdividing of the texts into documents is ussually carried out by using manual methods. The author presents a method of subdividing the legal texts into documents automatically. The method refers to what may be called a natural subdivision, i.e. to the subdivision applied by the law-maker. The outlines of an algorithm of the operation of automated subdividing are presented in the form the corresponding flow diagram.Item Polityka cen w Polsce w latach 1981 - 1983(Wydział Prawa i Administracji UAM, 1983) Krasiński, ZdzisławDiscussion in the article is focused on the reform of retail prices introduced on February 1, 1982. Analysis of changes in a price level and movements of prices in particular range of goods was preceded by a study of premises of the price reform. The following were specified in the group of these premises: the rapid exhaustion of stocks-in-trade in the years 1975 - 1981, a wide employment of fcrign crediting and a slight increase in the domestic market production. At the same time consumer incomes were increasing at a fast rate what caused a bias toward inflationary gap and pressure. The reform of retail prices introduced recently caused a high growth of prices and a reduction of consumers' real incomes. This has also effected a decrease of foodstuffs' subsidies, and subsidies of some non-food products and services, yet these subventions were not altogether eliminated. The prise rises and enacting a category of contract prices has not led to a market equilibrium situation. In case of some products a partial market recovery was observed and also a reduction of line ups in front of stores. Return to a market equilibrium position does not seem probable in view of slight stocks-in-trade, at least in the nearest future. Changes of price level have also effected the standard of living of consumers and caused transformations of a consumption model. The increase of food products' prices resulted in adding to a portion foodstuffs' expenses in all types of households.Item Współczesne procesy inflacyjne a „przypadek" Polski (próba interpretacji teoretycznej)(Wydział Prawa i Administracji UAM, 1983) Wilczyński, WacławTheoretical explications of inflationary processes involve a qualitative and not solely a quantitative study. Contemporary inflation is rooted in inflatogenus traits of the two contemporary systems, especially in the conflict with aggravated conditions of economic activity. We do not overestimate the effect of exogenous cost-inflation related to the increase of oil prices. Inflation in the capitalist system is to a large extent consequent upon a high degree of instituionalizing and fixing budgetary expenses irrespectively of business trends and also upon the amount of social costs of system functioning in particular countries. Inflation in socialism is induced by the tendencies of other economic systems to foster increase of production costs and by the extensive expenditures anticipating future overestimated effects. The inflation in the socialist countries is usually of a bi-segmental character i.e. there is a deferred effective demand occurring apart of the inflation rate. Inflation in Poland is an example of a particular interaction of inflatiogenous factors, typical for both of the systems. It requires to be reduced to the one-segment type by means of securing market equilibrium as a prerequisite of economic effectiveness.Item Kierunki przezwyciężania zewnętrznych trudności gospodarczych Polski i innych krajów socjalistycznych w ramach systemu międzynarodowej współpracy gospodarczej RWPG(Wydział Prawa i Administracji UAM, 1983) Najlepszy, EugeniuszThe article is an attempt to study possibilities of trade conversion in Poland and other CMEA member States to slow the increasing involvement in foreign debts in the socialist States and to reduce gradually their international payments deficit in the trade with the Western States. The author focusses on answering a question whether it is possible and to what degree, to limit Polish and other socialis States' imports from the industrial Western countries by means of intensifying international economic cooperation within the framework of the CMEA group of member States. The author dwells also on finding conditions and capacities of international coordination of trade policies of the member states on the Western markets and in the Third World. Coordinating these policies within the CMEA would maintain and develop such institutional, produetional and trade links which would bring about equal returns to both parts of the East-West exchange. It is understood that a consolidation of economic policies of the socialist States and a further intensification of economic ties within the CMEA is a main condition to start actions which would limit a destructive effect of the economic crisis in the capitalist world.Item Eksport EWG do Polski w latach 1968-1980. Uwarunkowania koniunkturalne(Wydział Prawa i Administracji UAM, 1983) Brzeziński, Marian; Kowalski, TadeuszThe article presents a model describing fluctuations related to changes in the exporter's economic activity (EEC). Model assumptions were adapted to specificities of the East-West trade. The study related to the EEC exports to Poland was to answer the following questions: what is the effect of the EEC business tendencies on a growth of the EEC-Poland export volume, does a cyclical character of that export yields any negative impact on a developement of current production and growth dynamics in Poland. The effect of internal factors on the economic system of Poland resulting in a phenomenon of a cyclical development was neglected here. The relationships discussed in this study were treated as a factor fostering or weakening internal fluctuations. A statistical survey conducted in the years of 1968 -1980 proved that there is a possibility of forming peculiar economic mechanisms in the EEC-Poland trade which can cause importing negative cycles of business activity of the EEC by the Polish economy. The study indicated only at a one possible aspect of the EEC-Poland trade examining phenomena related to imports from the EEC and leaving the problems of exports from Poland aside. It would be fallacious to search the main reasons for the cyclical developement of Polish economy in the relationships presented in this study. Nevertheless, the research conducted indicates that exports from the EEC must be treated as a non-controlled variable or not entirely controlled one on account on a lack of grounds to rule out its cyclical character.Item Infrastruktura gospodarcza a rozwój eko~ nomiczny państw europejskich(Wydział Prawa i Administracji UAM, 1983) Ratajczak, MarekThe study elaborates essentials, in the author's opinion, of the answer to the following query formulated at the outset: is the formation and the development of contemporary crisis phenomena related, and to what extent, to the present policies of infrastructure developement and to its attained level. A decision to elaborate this subject can be justified, on the one hand with prevalent disturbances of the economic developement in European States and on the other, with the weight attributed to infrastructure as a substantial determinant of economic changes. Relations between infrastructure and a developement of capitalist states can be characterized by means of presentation of three crucial moments. The first one incidental to the 19 c. industrial revolution, the second, resulting from Keynsian assumptions and the third one, started, in the author's opinion, in 1973 along with the oil crisis and a process of the EEC extension. As far as the socialist States are concerned, the author indicates at the significant reasons of apparent tendencies in economic practice in those States, they are rooted in the views on understanding a socialist economy, still vivid in the theory and present in the practice of economic life (e.g. identifying it with one giant enterprise), on principles and conditions of development (e.g. a tendency to allow a preferential treatment to accumulation in a distribution of national income), as well as on a practical interpretation of goals of socialist economy. Many conclusions and theses could be illustrated on account of a wide employment of statistical data on a state and a pace of transformations of economic infrastructure of the 20 European states, on utilization of infrastructure services in relation to the gained effect of GNP and on assessment of interactions between a level of infrastructure developement and a general stage of developement.Item Mechanizm finansowania nakładów pracy w gospodarce socjalistycznej. (Niektóre uwarunkowania „twardego" finansowania przedsiębiorstwa przez stosunki produkcji)(Wydział Prawa i Administracji UAM, 1983) Matysiak, AndrzejThe stude is an attempt at reconstruction of a financing system of socialist economy. Its main task was to answer the query whether a socialist enterprise has a "soft" budget as it is maintained by J. Kornai and whether it 4s resulted by a paternalist State policies. The soft budget, according to J. Kornai is characteristic only for socialist enterprises and consists in having higher expenditures than incomes from sales and the initial financial reserves. The first part of the article explains a notion of "socialist production relations", assuming that these are determining solutions in the financial system. The article presents a position of State, enterprise and households in the economic structure of socialism and indicates at a range of market relatons. The reconstruction of financial system of State and enterprise in this system was carried out on the basis of the above findings. The author formulated a statement that a State and enterprise are toughly financing labor inputs which are, in socialism the only cost of production. A degree of toughness in financing labor inputs is varied in relation to State policies. Soft financing of materialized labor inputs in enterprise results from naturalisation of surplus product in socialism.Item Efektywność gospodarowania w socjalizmie(Wydział Prawa i Administracji UAM, 1983) Rössler, Hans; Seidel, HelmutThe article is devoted to the discussion of some problems of effectiveness of management in socialism. The authors attempt at precising a question of management effectiveness measurements, indicating at previous not satisfactory, one sided presentation of that issue in literature. They define notions of economic and socio-economic effectiveness, presenting their interrelations and differences. Effectiveness of management can decisivelly effect a level and structure of consumption, but simultaneously a feedback is observed and conditions of social reproductions are under the impact of consumption. On account of this phenomenon, the authors analyse many-sided relations of consumption and effectiveness of management. On the example of the GDR economy they present problems of rational fullfillment of consumption needs from the viewpoint of choosing effective productional technics. Difficulties in the assessment of consumption effectiveness are indicated, as well as the necessity of further development of that sphere of management.Item Warunki przyswajania innowacji w przedsiębiorstwie(Wydział Prawa i Administracji UAM, 1983) Penc, JózefProblems of acceleration and propagation of innovational processess facilitating saving worktime, material and energy, increase of production, improvement of its quality as well as reduction of prime and social costs are of a particular importance in the period of intensive transformations of our economy. The author discusses various interpretations of transformations which are known as innovations, motives and barriers of their introduction under differing conditions and particularly, in light of the economic reform. He indicates at failures of the previously used and of the presently introduced systems of motivating innovational processes in enterprises, lack of a proper social atmosphere for their intensification and propagation, and at a phenomenon of resistance to change related to inefficient organization and a low susceptibility to innovations caused by a low effectiveness of stimuli and their low effect on inovational activity of employers. The author also presents his own propositions on modifying rules of paying bonuses for technical, organizational progress accounting in particular for a role played by psycho-social motivations. In conclusion the author postulates a need of system controls of activity, novelty and inventiveness of employees, a success in this sphere can only be brought by programmed activities, integrally linked with aspirations to fulfil own needs of workers and with a development and effectiveness of enterprise, the activity being the very source of thrift and -satisfaction.Item Problematyka sił społecznych środowiska wychowawczego (Wprowadzenie do koncepcji)(Wydział Prawa i Administracji UAM, 1983) Olubiński, AndrzejThe author discusses a problem of actions of educational activation of environment. A central national category linked with that problem and focussing the attention of this study is a term of „social strength". The author attempts at defining that notion, attribute operational meaning to it indicate at defined types of social strength. The most general meaning of that term pertains to a complex of defined factors, phenomena and processess of a psycho-social and educational character, situated in the institutions of natural, indirect and direct education. They cause a process of transforming these institutions into a favorable educational environment. In the following part, three basic, closely interrelated elements of strength are defined: i.e. 1) type and character of educational institution in the environment (e.g. family, school, workplace etc.), 2) material structure of essential elements contained in those institutions (e.g. material and standard of living factors, cultural, psychological, social, demographic, educational ones, etc.), 3) agents and dynamisms activating in a form of natural social processess (e.g. conflicts, adaptation, industrialization, urbanization, etc.). In turn, in the context of social strength study, the author attempts at defining a role of intentional educational activity. A specific approach to educational process is effected by the analysis: it is understood as a sequence of changes of personality and environment answering to goals of education, achieved in the effect of dynamic relation of planned educational activity and social strength supporting these actions. The discussion is concluded with remarks on educational environment. The authors draws his attention at a role of the so-called endogenous factors of social changes (e.g. conflicts) as positive elements in educational activation of the environment. In this way the author attempts to expand a sociological handling, of an educational environment (territorial) also by means of an extra-territorial viewpoint.Item J. K. Galbraith i D. Bell: ekonomisty i socjologa wizja współczesnego społeczeństwa amerykańskiego(Wydział Prawa i Administracji UAM, 1983) Buczkowski, PiotrThe author attempts at formulating certain hypotheses concerning basic developement trends in a contemporary capitalist society. The United States are selected as an example. Two significant concepts advanced by J. K. Galbraith and D. Bell functioning in the contemporary American thought are reconstructed in the article. Limitations of these concepts are indicated on the grounds of Marxian theory of policy, they neglect a real effect of the increacing role played by a political sphere in social life. Criticized authors focussing on bureaucratic processess do not admit the fact that a study in categories of bureaucracy indicates only at formal features of transformations. It is only the indication at real functions of bureaucratic organization which can facilitate perception evolutionary trends of contemporary capitalist society. In this context prognoses formulated by A. de Tocqueville in his „On Democracy in America" are still up-to-date.