Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1984, nr 1
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Item O problematyce kryzysu i katastrofy ekologicznej w badaniach ekologicznych i społecznych(Wydział Prawa i Administracji UAM, 1984) Kośmicki, EugeniuszNegative effects of economic activities on nature are varying to their degrees of intensity: tolerance capacity, ecological crisis, ecological catastrophy. Two stages can be distinguished in case of crisis: in the first one, ability to return to previous state is still existing, in the second one, the state of crisis is permanent, but the ecosystem is protected against break-down by human activities. Ecological catastrophy consists in irreparable degree of damage in nature resulting in deterioration of a given ecosystem. Most of developed and the Third World countries is affected by the ecological crisis. It can be viewed as a result of contradictions between economy, functioning of state economy and principles of ecology. Ecology and economy differ mostly in their time horizon, distinct conditions in the scope of spatial concentration and in distinct methodological assumptions. Recently formed economics of environmental protection and shaping attempts to overcome these contradictions. Ecological problems were always accompaning any development of productive resources. The previous social development of mankind can be described as a cycle of generating and surmounting crises. A man was not able to prevent their generation but could extricate himself thanks to technological innovations, utilizing new natural resources and introducing new production relations. Other alternatives were expansion into new lands, what caused wars, or a decline of civilisation.Item Spis treści RPEiS 46(1), 1984(Wydział Prawa i Administracji UAM, 1984)Item Rozważania o klimacie i konfliktach ideowych XVII wieku(Wydział Prawa i Administracji UAM, 1984) Olszewski, HenrykRecollection of anniversary of the Vienna Victory inclines a historian of law and political thought to express his opinion. Main streams of intellectual and political discussion in the seventeenth century Europe are described by the author as well as peculiarities of climate in Poland in the reign of John III Sobieski presented against their background. Was it different (and to what degree) from the climate in 'other countries of that tumultous century? What complexes of phenomena patterned the ideology of Poles of the last quarter of the 17-th century? What was the intellectual and ideological heritage contributed to the Sobieski times by the previous age? Influence of the European thought was diminishing along the decades. Political culture of the last quarter of the century was clearly of local, "Sarmatian" descent. It was in the times of first elected monarchs and subsequently, in the reign of Vasas when the signs of atmosphere were formed Poland in the age of Sobieski was breathing with. Lasting process of creating grounds for the domination of oligarchy both in the political system, economy and in ideology was completed in the reign of John Casimir and Michael Korybut. Nonetheless the age of Sobieski was something more than a mere continuance of the previous development. Ideological climate of his times is revealed in petrifying old principles of the system and political orders. "Sarmatism", synonymous to conservatism then, and ideology of the golden liberty served as apology of the contemporary age. Elements of the latter were of extreme democratic character but in the situation of equilibrium among the combatting political parties in the country they contributed to strengthen the power of oligarchy. The Viennese success of Sobieski threatened to upset this equilibrium and therefore, the year 1683 so manificently distinguished itself in Polish military history for example. induced fostering of political fights in the country and became one more step forwards the stagnation of the Saxon age. After the 1683 victory all reforms of the Court were more successfully stopped by the aristocratic opposition.Item Zakres kontroli Naczelnego Sądu Administracyjnego (w świetle orzecznictwa sądowego)(Wydział Prawa i Administracji UAM, 1984) Świątkiewicz, JerzyThree years have passed on September 1st since judicial review of administrative decisions was returned in Poland as principle of the system. This function is performed by a special court which is the Supreme Administrative Court (SAC). Simultaneously, specific provisions were upheld, by virtue of which review of administrative decisions could be sporadically performed by common courts of law and by district courts of labor and social security, According to the Constitutional principle positioning the Supreme Court as the highest judicial organ supervising judicial decisions of a l l courts, it can: overrule decisions of the Supreme Administrative Court by means of extraordinary appeal against a valid judgement answer legal queries directed to it, as well as resolve guiding principles for the judiciary also in the range of administrative law. On describing model of the SAC competence, the Polish legislator adopted a principle of enumerating clause specifying 20 categories of most typical cases in relations of administrative organ — citizen in art. 196 § 2 of code of administrative procedure, when final decision' of administrative instances can be appealed against to court. Complaint on no decision given can be also lodged in those cases. The SAC competence is further extended in the other acts eg. in cases of censorship or taxation including. State enterprises and other State organizational units. Frequent doubts can be raised in applying the enumerating clause, as to possibility of judicial action on account of ambivalent or too general definition of categories of cases. Similar doubts appear in the notion of „administrative decision" and legal grounds of giving it. Another problem is the range of judicial review in cases where the legislator left decisiongiving or its contents to the discretion of organ, or when the so-called not precise terms are being used. Three year judicial practice indicates that the Court aims at strengthening the institution of judicial review of administrative decisions as the principle of the system. It is manifested by: — following the principle of presumed admissibility of action in case of doubt (in dubio pro actione), — interpreting the notion of "decision" in a way enabling — a wide range of control of administration and protection of rights of citizens and their organizations. A decision is not excluded from judicial review when it bears a wrong name or is lacking proper external form. On the other hand it is avoided to interfere into a sphere of internal affairs of administration and regulated by not being generally valid provisions, i.e. enacted without a statutory authorisation. Was there any duty imposed on a citizen by decision given on a grounds of these provisions, the SAC would find the decision invalid, — bringing under control all decisions of organizational units which are not organs of State administration in their nature if it is only ascertained that they realize a function of State administration, — complete review of decisions given on grounds of provisions containing not precise terms known also as non clearly defined ones and establishing their judicial interpretation, — review of decisions given at discretion of administration, the Court establishes only whether a case allowed for giving a discretionary decision, or it could be barred at discretion (in refusal). It is also stated whether the procedural regulations were followed, whether substantiation of decision is consistent with the results of proceedings to take evidence, — performing indirect control of legality of executory acts, refusal to apply any act which is inconsistent with statutory law. The Court attempted at making administration follow the principle that imposing duties upon citizens or refusal to grant them rights or refusing them right to behave according to their will can take place only when organ of administration is authorised to do so by the explicit legal provision. Opposition to give administrative decision on grounds of non statutory provisions (not originating in statutes) helps in avoiding regulating relations administrative organ — citizen on their grounds when individual cases have to be settled with by means of decision. Different opinion of the Supreme Court can be raised in some cases, two year practice of the SAC recognizing that decisions of entering and dissolving labor contracts with nominated employees belong to the category of "matters of employment" and are one of 20 categories of cases being under the cognizance of the SAC was objected by the supreme judicature. Judicial decisions related to establishing a scope of judicial control (review) rouse a vivid interest among legal scholars.Item Problematyka funkcjonowania samorządów załóg w przedsiębiorstwach wspólnych (spółkach handlowych)(Wydział Prawa i Administracji UAM, 1984) Zalewski, LeszekQuestion of joint venture staff participation in managing affairs of their company is the subject of studies presented in this article. It is worth noting that joint ventures are. presently one of new forms of state enterprises. They have to operate in a form of companies on the grounds of Polish trade law7. The opinimi is expressed in the article that the Act of Sept. 30, 1981 on workers' self-management in state enterprise is not in force de lege lata in sstate joint ventures (commercial companies). Adopting a contrary opinion would make essential legal norms of the Self-Management Act collide with norms of commercial code regulating commercial companies. It can be proved by comparing the key competence matters of partners' assembly in limited liability company with lay down competence of workers' council. The opinion of indispensable future changes of legislation was also expressed, they should be aiming at appointing institution of workers' self-management in joint ventures (commercial companies). Some examples of foreign regulation prove that workers' self-management can also function in commercial companies. Be lege ferenda, representatives of workers' management have to be introduced to supervisory boards of commercial companies, the scope of their competence should be considerably extended then.Item Zmiany opodatkowania gospodarki nieuspołecznionej(Wydział Prawa i Administracji UAM, 1984) Komar, AndrzejChanges in taxation of non socialized economy carried into effect in July 1983 are discussed in the article. They concern privately owned craft, trade, services as well as foreign subjects of economy. Increase of tax rates is the essence of effectuated changes. It is motivated by a higher volume of turnover and income of non socialized units of economy. The problem of changes is raised in a wider context of the economic situation in Poland. In the context of changes in administration of economy and a high inflation rate, in particular. The author indicates that the instituted changes of tax legislation can effect further increase in prices of goods and services and add to consumers' burden, increased taxation having been undoubtedly shifted onto consummers. Besides, business in private sector is mostly decided in a sphere of supply of resources, machinery, installations, employment, granting concession policies and housing policies. The effected changes in taxation will therefore have inconsiderable impact on the actual situation of non socialized economy.Item Kredytowanie a odpowiedzialność prawna banku za wyniki działalności przedsiębiorstw(Wydział Prawa i Administracji UAM, 1984) Kosikowski, CezaryThe article is devoted to study of legal solutions adopted in Poland after the economic reform in a sphere of state enterprise crediting. The author advocates that generally binding provisions are too skeleton-like, while banking instructions contain many institutions and solutions colliding with basic acts. The author states on completion of his study that a civil law character of credit relations cannot be adopted without reservations, as both mechanism and procedure of crediting are a substantial departure from rules of entering and executing contracts of civil law. Crediting activities of the socialist banks exceeds usual functions of a credit-giver (lender), what is justified under conditions of socialized economy. The presently adopted model of economy and administration implies however economic independence of state enterprises and liability of several subjects for results of enterpris e s ' activities. It is only banks which are not liable to enterprises and other subjects, what seems to be wrong both in micro- and macroeconomie scale. The author suggests to adopt administrative and legal procedure of realizing credit relations of enterprises with banks and securing proper legal protection for enterprises against banks' decisions.Item Przyłączenie jednostki organizacyjnej spółdzielni do innej spółdzielni(Wydział Prawa i Administracji UAM, 1984) Stecki, LeopoldJoining an organizational unit of cooperative to another cooperative is one of the new institutions of the Polish cooperative law of 1962, Joining can occur among all cooperatives operating within limits of Polish legal order. It haß to be established, upon examining joining from a civil law point of view, that it is carried into effect as a result of contract between making over and taking over cooperative. Among conditions of joining an organizational unit of one cooperative to another a particular part is played by: 1) expressing appropriate will by the group of cooperative members whose property rights and obligations are bound with an organizational unit to be joined to another cooperative, 2) passing a resolution by a general meeting of that cooperative complying with a request of mentioned members, 3) willingness of other cooperative to take an indicated unit over expressed by a suitable resolution of its general meeting. Taking over is not permissible if it is to effect decrease in financial rights of members of making over cooperative related to an organizational unit to be taken over by another cooperative. Joining an organizational unit to other cooperative can also occur by means of a resolution of general meeting of making over cooperative passed on the own initiative of that organ. Taking over takes place on entering in registers of making over and taking over cooperatives. The entry in the register of taking over cooperative is of a decisive importance. The records have a constitutive character. Taking over results are personal and legal, and financial. Members related to joined unit pass to taking over cooperative. Property of commodities, property rights and debts related with that unit are also passing (ex lege) for the benefit of taking over cooperative. It is also entering into labor relations towards members taken over from making over cooperative. Resolutions of making over and taking over cooperatives are suable in court by any of their members according to the rules laid by art. 42 and 43 of Cooperative LawItem Ochrona nazw geograficznych służących oznaczaniu pochodzenia towarów(Wydział Prawa i Administracji UAM, 1984) Poźniak-Niedzielska, MariaProducts in a market are often branded with geographical names to get individual tint and indicate a place of their origin. Originating from a certain geographical region can sometimes be an attractive additional value for a consumer, on account of the established reputation or because of other reasons influencing his buying decision. Geographical names became therefore an instrument of commercial marketing which is also used to gain a higher market share. Legislations of many countries laid down protection of geographical names in consideration of the above, indicating at point of origin of products. The author describes the way of regulating protection of geographical names in selected countries with due regard paid to the Federal Republic of Germany and France. Legal status of geographical names is differantiated. Separate regulation is particularly reserved to the so called brand names of origin (appellations of origin, appellation d'origine, ursprungsbezeichnung). Normative basis for protection of names indicating at origin of products or services from a. certain geographical region in Poland is art. 4 of the Unfair Competition Act of 1926. According to the cited provision geographical names designating origin of products are subject of common right of all persons operating firms on a given territory. In case of illegal usage of geographical names these persons and enterpreneurs selling these products are allowed several claims mentioned in the Act. The author discusses a nature of rights allowed to subjects mentioned in the Act reaching the conclusion that it is here a case of sui generis imperative rights. Their peculiar character lies in the fact that a circle of entitled persons is not defined and that these rights are unlimited in time and their formation and lasting are not conditioned by performing any formalities. Next, the author discusses conditions and possibilities of using geographical names in character of other distinguishing signs (brands of products in particular). Protection of geographical names is regulated in many legal acts of international range. The following belong to them: a) Paris Convention of 1883 on the protection of industrial property, b) Madrid Agreement of 1891 on prosecution of feigned or misleading designations of origin, c) Lisbon Agreement of 1958 on international registration of names of origin, d) bilateral international treaties. The author discusses these acts indicating at problems which are still awaiting satisfactory solution.Item Relacje produkcji przemysłowej i zanieczyszczeń środowiska. (Próba oceny zmienności w czasie związków przestrzennych w latach 1975 -1981)(Wydział Prawa i Administracji UAM, 1984) Hendel, MałgorzataThe study attempts at statistical verification of a hypothesis that considerable amounts of pollution destroying geographical environment are present in the districts of a high value of industrial production per sq. km. Statistical information for the system of districts in the years 1976 -1981 was used to verify the hypothesis, it served to assess three functions of linear regression in which the same describing variable is present, the gross industrial production, a role of describing variables is played in turn by values of annual emmission of dusts, gases and wastes. A conclusion of diminishing effectiveness of production processes from the ecological point of view is formulated in consequence of the assessments. Industrial production generates year by year more and more dusts, gases and wastes polluting natural environment, what is causing serious hazards for human life. Grouping of voivodeships characterized by similar level of industrial pollution is accomplished by using the — so called — Wrocław method of taxonomy.Item Próba budowy demoekonometrycznego modelu gospodarki Polski(Wydział Prawa i Administracji UAM, 1984) Sojka, ElżbietaThe study presents a structural form of demoeeonometric model of Polish economy. Generally, demoeeonometric models are mathematical ones, which are coding relations existing between basic economic and demographic values in formalized way. They allow to examine mechanisms of interactions of economic and demographic factors and to establish whether changes in demography are determined by economic phenomena and vice versa. The described model is linear with the exception of equasion determining variables Y5, Y6. It consists of 58 variables, 39 out of which are endogenous. The endogenic sphere of a model is divided into 6 blocks i.e.: employment, GNI, investments, foreign trade, consumption and demographic phenomena. Dynamic series of the period of 1960-1981 (21 years) became a basis of model estimation. Demo econometric model of Polish economy will be used for ex-ante simulation and construction of variant prognoses. Having assumed defined sequences of describing variables for future periods, it would be possible to calculate expected values for endogenous variables representing basic economic and demographic phenomena and to find their paths of growth.Item Zmienne syntetyczne w modelowaniu ekonometrycznym(Wydział Prawa i Administracji UAM, 1984) Wydymus, StanisławThe present article is an attempt to construct econometric models with synthetic variables, created on the grounds of multidimensional comparative analysis. The author discusses a problem of creating these variables having time-sectional data provided, and next presents a proposition of defining an optimal sub-set of synthetic describing variables utilizing the so-called two- stage method of capacity of information. Information facilitating construction of new weighted synthetic variable is also provided by this method, weights being measures of stock of information of fractional diagnostic variables. The article is concluded with a review of various types of model propositions which can be applied in comparative analysis and in forecasting of socioeconomic development of all analysed economic objects or their groups.Item Aktualne koncepcje planowania gospodarki narodowej. Studium porów- , nawcze doświadczeń Francji i Polski(Wydział Prawa i Administracji UAM, 1984) Dąbrowski, ZdzisławThe article presents a study of current concepts of planning in national economy discussed from the viewpoint of experiences of France and Poland. Differences of economic, historical and political nature became a point of departure of undertaken reflections. They led to formation of all-national planning of a permanent character. Putting aside contents conditioned by political systems, the planning in both countries is a defined instrument or a technic of activity aiming at rationalizing administering and increasing efficiency of the state economic policies. The attention in comparative analysis of French and Polish planning is concentrated on four basic questions: 1) substance and function of a national plan, 2) goals and tasks of the plan, 3) procedures and methods of macro-economic planning, 4) general mechanisms and means of national plan realization. The analysis proves that recently reformed Polish system of planning is gaining features of indicative planning, it concerns mostly the substance and function of the plan and also a range and means of formulating tasks of a State economic policy. As far as methods of national plan elaboration and mechanisms of its implementation are concerned, the french solutions prove to be different. They present patterns possible in practical application and can give rise to new creative inspirations for a Polish plannist.Item Wkład Karola Marksa do teorii cyklu koniunkturalnego(Wydział Prawa i Administracji UAM, 1984) Barczyk, Ryszard; Kowalczyk, ZygmuntA reconstruction of Marxian hypotheses and thoughts pertaining to theoretical interpretation of crisis phenomena and cyclical fluctuations in capitalist economy is a main research task of this study. The following were analysed for that purpose: potentials of a crisis of overproduction, actual reasons of crises resulting from the basic contradictions of capitalist mode of production, and a sequence of forming business cycle phases as a result of contradictory developement of capitalist economy. The main thesis of Marx that a capitalist economy suffers from overproduction crises and a cyclicality of a capitalist reproduction is an effect of the law of crises became a milestone in the 19 c. history of economic thought. The Marxian analysis of crisis phenomena and mechanism of business cycle is carried out on a high level of abstraction, it can be therefore stated that Marx was a creator of general hypotheses on these processes only. Reflections of K. Marx on reasons of the overproduction crisis and the cyclical fluctuations can be classified as the endogenous concept. The main reason of periodical crises of overproduction lies, according to Marx, in the essence of capitalist mode of production. Changes in the investment process are the key to explain a mechanism of business cycle »as it stated by Marx in his concept overproduction crises and business cycle. Yet, the work of K. Marx in the scope of business cycles in capitalist economy can not be considered as a complete and systematic theory of business cycle. On creating his concept of business cycle, Marx paid a particular attention to crisis phase maintaining that it is the essential phase for the whole cycle. A little attention was only paid to periods of revival and prosperity. Marx did not study morphological features of the cycle. Nor proposed he any qualitative or quantitative criteria or 'methods to separate and analyse respective phases of the business cycle.Item Własność we współczesnej myśli marksistowskiej(Wydział Prawa i Administracji UAM, 1984) Tittenbrun, JacekThe article is a critical study of property concepts present in modern Marxist Literature. Subjection of the present day Marxist theory of property to legal thought is one of the reasons of its weakness. Treating property as a legal relation is one of the extreme manifestations of this interdependence. Immanent features of legal notions render them useless in a study of economic property relations. Legal and subjectively idealistic contents are often included in a notion. of possession understood by many authors as a main indicator of property. For Marx, possession was a specific type of property based on a dorect contact with an object of property. Approach to property as to disposal blurs a distinction between labor relations and property relations and leads to many cognitive and ideological deceptions. Other popular definition of property as apropriation is either of tautological character or reduces property to production and labor. The most accurate concept of property, in the author's opinion, is handled as u s i n g (profiting). Creating solid grounds for empirical examination of property, the concept opens an avenue to solve anothern dillemma of modern economy: whether to treat property as a self- contained and basic labor relation or approach it as a whole of production relations.Item Socjologiczne problemy kształtowania aktywności innowacyjnej w przemysłowych zakładach pracy(Wydział Prawa i Administracji UAM, 1984) Stankiewicz, Janina; Walkowiak, JerzyThe article presents social substance of innovational system of decision and protection towards efficiency increasing movement containing all organizational units of various institutions, unions, societies, which activity is related to innovations. Basic functions of the system are characterised: 1) aiding and realization, 2) results and economy, 3) information- popularizing- training, 4) social integration, 5) protection and "securing", 6) stabilization and consolidation. It is indicated that enumerated functions of the system of decision and protection are realized by means of various strategies: 1) professional, oriented "towards plant" and accomplished by plant services, including units of rationalization and units of technology and developement; 2) oriented to plant, based on collaboration and cooperation of socio- professional inventive services with other units of plant; 3) professionalpro- plant combined with local stimulation; centrally controlled running almost exclusively according to normative, organizational and administrative directives coming from superior authorities. Various directions of activities of the discussed system are specified and characterized: 1) popularizing and information, 2) stimulation, 3) advising-aiding- -training, 4) assessing and decision, 5) substantial (promotion and dissemination). Some forms of stimulating innovational activity are described: 1) exchange, 2) thematical contests, 3) tournaments. Sociological typology of stimulating innovational activity and "administering" innovation in industrial plant is presented with due regard paid to previous conclusions, it contains following directions: 1) mobilisation, spontaneity, 2) directives, planning, 3) directives, arrangement 4) directing of a thematic feature, 5) socially obliging directions. The study indicates the types of systems, applied strategies, directions of activity and types of external stimulation which were prevalent in 1970 - 1980 in examined plants. It is also pointed which of those activities are more profitable for plant and which would fulfill needs and aspirations of workers.Item Dyskusja nad Historią myśli socjologicznej Jerzego Szackiego(Wydział Prawa i Administracji UAM, 1984) Kozyr-Kowalski, Stanisław; Ziółkowski, Janusz; Ziółkowski, Marek; Tittenbrun, Jacek; Heymann, Jerzy; Sieradzki, Maciej; Grygier, MirosławaItem Przegląd piśmiennictwa RPEiS 46(1), 1984(Wydział Prawa i Administracji UAM, 1984)