Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1984, nr 3
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Item Spis treści RPEiS 46(3), 1984(Wydział Prawa i Administracji UAM, 1984)Item Wspomnienie pośmiertne (Stanisław Sołtysiński )(Wydział Prawa i Administracji UAM, 1984) Ohanowicz, Alfred MarianItem Tymczasowe aresztowanie i zatrzymanie w postępowaniu karnym(Wydział Prawa i Administracji UAM, 1984) Murzynowski, AndrzejIt is in general commonly understood in literature that detention under remand is only a litigious coercive measure, which is designed to prevent defendants' avoidance of sentence and carrying out the penalty. In reality however, it serves certain extrajudicial functions in all countries as general and individual crime prevention. It is an undesired fact transforming the detention under remand in a peculiar means of repression and causing too extensive use of that drastic measure. This is also a phenomenon violating the principle of presumption of the accused innocence. The grounds of application of the detention have to be therefore essentially limited to reasonable suspection of defendants (suspect's) avoidance of administration of justice. The only exception has to be extended on preventing the defendant from committing a new severe offence against life, health or public safety. Besides, the grounds for the detention under remand ought to be more precisely formulated land and the explicit duty to quote detailed reasons for the detention's application in the decision has to be introduced. In case of severe offences (liable to minimum five years of punishment) a reference to a prospective long term confinement might be sufficient reasons unless circumstances occur excluding the suspection of defendant's avoiding administration of justice (eg. his invalidism). The detention under remand should be decided exclusively by a judicial organ (court, examining magistrate) which is independent and impartial. Prosecutor is deprived of those qualities as he is acting under conditions of hierarchical subordination and performs functions of prosecuting side in criminal proceedings. Moreover, vesting judicial organs with the sole competence of applying that means would be entirely conformable to art. 9 sec. 3 of the International Covenant of Civil and Political Rights, ratified by Poland in 1977. Limitations in realizing the right to defense by the detainees in course of the preparatory proceedings are known. It is mostly the case of subjecting suspect's (possibility to consult his counsel for the defense to prosecutor's consent and searching the possibility of counsels presence during suspect's interrogation. In this respect substantial changes are needed. A problem of applying detention under remand both in the preparatory proceedings and throughout the whole of criminal proceedings is not properly solved in the respect of time limits. They do not have a character of deadlines in the preparatory stadium and they are lacking in the further stages of the proceedings. The similar phenomenon is after all observed in many countries. In the result there are instances of lengthy deprivation of liberty of persons Who have! not yet been sentenced. It therefore seems that a definitive period of application of detention under remand should be statutorily limited to one year in the preparatory proceedings and to two years until passing a sentence in the first instance court. Detention in custody is another acute although short term means of depriving of liberty which is in the discretion of civic police (militia). It is most extensively applied and seldom controlled both by judicial organs and by prosecutor. In this respect more precise statutory provisions are needed to strengthen legality of use of that coericive mean and introduce a judicial review of the practice. In this aim a requirement of issuing a motivated writ of detention in custody should be introduced, and detainees must be vested with the right to claim their immediate bringing to court, lodging a complaint against groundless detention as well as adopting a counsel for defense.Item O niemajątkowych środkach ochrony dóbr osobistych(Wydział Prawa i Administracji UAM, 1984) Szpunar, AdamProvisions of the Press Law of 1984 encourage to the fresh insight into non proprietary d a t a s deriving from impendence or infringement of personal interests. The argumentation implies knowledge of problems of personal interests protection. The question of proprietary means of protection is beyond the scope of the article. The elaboration consists of two parts. In the first one the author discusses crucial questions related to interpretation of the Civil Code in the light of new judicial decisions. Provision of art. 24 of the C.C. institutes two separate, basically independent non proprietary claims: for desistance and for performing acts to remove results of effected infringement. A person whose interest is impended over by another person's act is entitled to the claim for desistance. The statute is introducing the presumption of illegality of perpetrator's act. The author studies several newest decisions concerning that claim. It can be also applied in the neighbourhood relations resulting in the interdiction of acts exceeding the average level of disturbances, impending over such personal interests as health and peacefullness. A problem of defining circumstances excluding illegality of acts is of a crutial importance. Other questions are to be discussed with reference to the claim for removing results of effected infringement. For a, long time that matter had its weight in labor law in the respect of amending employee's record. Coming into force of Labor Gode brought about an essential change, and judicial decisions precised application, of the Civil Code provisions to questions of records. The art. 24 of the C.C. retains its full impact beyond the labor relations. The second part of the elaboration dwells on a study of two institutions of the press law i.e. amendment and opinion. Papers editor is obliged to insert a factual correction of untrue or inaccurate information at the request of the interested party. The same applies to publishing a reply to statements impending over personal interests. In most of the cases it is a breach of good name (libel, indignity). The author attempts at delimiting legitimate press critique and its effect on the right to response.Item Z problematyki winy nieumyślnej jednostki gospodarki nieuspołecznionej(Wydział Prawa i Administracji UAM, 1984) Napierała, JacekA study of main theses of the resolution 1' 84 of the Council of State Economic Arbitration setting general guidelines for arbitration decisions in question of debtor's liability in the relations among the units of socialized economy is a subject of the article. The resolution was passed in the relation to changes in economic legislation establishing framework for functioning of the economic reform. Rules of contractual liability elaborated by arbitration (decisions on the grounds of the previous resolution departed both from a classical principle of guilt and from a principle of risk. In any case it was the liability surpassing limits set by art. 355 par. 2 of the Civil Code. A question can be raised whether, and if yes then in which direction change in interpretation in liability rules occurend as compared to the interpretation adopted in the resolution 258. It can be stated by and large that arbitration returned to the rule of art. 355 par. 2 of the C.C. The working „utmost diligence" was omitted and so was the statement that an event excluding debtor from liability must be of external origin. Besides, the resolution under study uses the term of unintentional guilt on describing a notion" of non observation of a due dilligence". But can we state the „return" of the principle of guilt in the relations between the socialized units of economy? It seems that the answer should be negative. There are convincing arguments that the use of a „guilt" notion in Case of a unit of economy is not justified on appraising its acting or desistance. If that notion is however used as a handy epitome, it appears that the most characteristic feature of that legal category (subjective element of guilt) is altogether omitted on appraising acts of those units. It can be therefore inferred that contractual liability in relations between units of economy is of an objective character. The same can also be related to other legislations of economic law where a controversy on „subjective" or „objective" character of the interpretation of liability provisions is actually a dispute on a hierarchy of functions ascribed to those provisions.Item Kilka uwag o celu procesu cywilnego(Wydział Prawa i Administracji UAM, 1984) Jauernig, OthmarOhne materielles Recht gibt es kein Prozessrecht. Daher sind die Regeln des Prozessrechts auf das (jeweilige) materielle Recht bezogen. Die Art und Weise dieser Beziehung wird deutlich im Zweck des Prozesses. Es wird für den Zivilprozess und das materielle Zivilrecht dargelegt: Ausgangspunkt ist nicht das bestimmte Rent eines bestimmten Landes, sondern eine rechtspolitische Überlegung: Gewisse Grundentscheidungen im materiellen Zivilrecht sind vom Gesetzgeber zu beachten, wenn er eine diesem Recht entsprechende Prozessordnung schaffen will. Gewährt das materielle Recht dem Einzelnen um seiner selbst willen und allein in seinem Interesse eine „Befugnis", so handelt es eich um ein „subjektives Recht". Dient der Zivilprozess der Durchsetzung solcher subjektiven Rechte, so muss es allein dem Einzelnen überlassen bleiben, ob er Klage erheben will oder nicht. Mit diesem Zweck des Prozesses ist ein Klagerecht des Staatsanwalts unvereinbar. Anders sieht es ans, wenn dem Einzelnen eine Befugnis nicht allein oder nicht zumindest primär in seinem (privaten Interesse zusteht, sondern alilein oder in erster Dinie, um die objektive Rechtsordnung im ganzen oder einen Teil davon (eie „Rechtsistitution") durchzusetzen. Hier ist ein Klagerecht des Staatsanwalts gerechtfertigt, jedenfalls konsequent. Daraus folgt zugleich, dass im Zivilprozess nicht gleichzeitig ein subjektives Recht des Einzelnen und die objektive Rechtsordnung durchgesetzt werden kann: Die Durchsetzung der objektiven Rechtsordnung muss auch gegen den Willen des Einzelnen möglich sein, die Durchsetzung eines subjektiven Rechts list es dagegen nicht. Diese These wird an Beispielen aus dem Recht der Bundesrepublik Deutschland und der DDR untersucht. Es wird auch auf das allgemeine Klagerecht des Staatsanwalts eingegangen.Item Prawo do życia w traktatach międzynarodowych(Wydział Prawa i Administracji UAM, 1984) Michalska, AnnaProvisions of the international treaties, both universal and regional, instituting the right to life are put by the authoress under examination and appreciation. Contents of the right to life is not univocally formulated in those treaties and in consequence a scope of its legal protection beco:mes a source of certain doubts. The treaties under discussion contain relatively numerous judicial guarantees persons sentenced to death penalty are entitled to, whereas an individual is protected against the arbitrary deprivation of life in an insufficient degree. A lack of precise definition of the notion „arbitrarily" is the reason for that as well as a lack (with the exception of the European Convention) of limits assigned in which organs of law and order can use physical force and put somebody to death in „non-arbitrary means". The treaties concerning 'human rights do not guarantee a conceived child the „right to be born". Decisions of international organs are sharing that opinion. Meanwhile other international acts (eg. declaration of rights of child, draft of the convention of rights of child) are inclining towards protection of conceived child. The studied treaties do not protect the right to life in face of such threats as: acts of terrorism, political homicides, emergency executions or practices of state organs resulting in „disappearances" of individuals. A new concept of the right to life appeared in the humanitarian law and in other international acts (eg. Declaration on Social Progress and Developement). They advocate not only a protection against arbitrary (deprivation of life but also set guarantees of a minimum standard of existence. All in all the „night to life" becomes to be understood as the „right to living", especially 'in the recently adopted international acts. That aspect has to be accounted for in discussions on the right to life in a wider scope than recently, as they have had too traditional limits set by problems of capital punishment and admissibility of abortion.Item Międzynarodowe aspekty obywatelstwa(Wydział Prawa i Administracji UAM, 1984) Czapliński, WładysławCitizenship as a relationship of individual and State developed in Europe at the end of 18 century. There is a controversy in the doctrine whether it is an institution of international or internal law. I general two aspects of the institution can be differentiated — citizenship in a sphere of internal law and nationality in the sphere of international law. A general principle was adopted in international practice that each state can freely regulate its nationality, the liberty of that regulation is however limited by international law, especially by customary norms. Existence of nationality is not related to passing a relevant act of internal law by a State nor is the method of regulation adopted in a given State significant. In practice there are two basic means formed of acquisition of nationality at a moment of birth: according to ius soli or ius sanguinis. A possibility of naturalization is also warranted by respective legal systems, while acquisition and loss of nationality by means of legal transactions of private law is of a slight importance. Basic means of a loss of nationality are: renouncement and- in exceptional, precisely defined situations in internal law of respective states deprivation of nationality. Application of those institutions can presently be limited by provisions of international law concerning protection of human rights and and precluding cases of dual nationality and statelessness. Nationality is an individual status. Change of nationality related to change of sovereign of a given State (succession of states) is of an exceptional character. There was a principle developed in practice that persons inhabiting an area which is changing its sovereign and possessing nationality of his predecessor are automatically loosing their previous nationality and acquiring the nationality of the successor. A duty to guarantee the option is not adoptod in modern international law. Conflicts of legislations on nationality of many states can result in dual nationality or statelessness. Presently actions are undertaken in order to eliminate those situations and diminish their effects. In practice, a person posessing a dual nationality is treated by the third state as a national of one state only. Stateless persons are granted a minimum standard of treatment by the international agreements. The international practice, especially the ICJ decision in the case of Nottebohm confirmed the existence of customary norm providing that an effective relation of an individuai and a State is a prerequisite of effective acquisition of nationality by persons nationals of only one state. That requirement is to preclude fictitious granting of nationality and to secure international community against infringement of international law and abuse of nationality for illegal goals.Item Środki międzynarodowej kontroli pokojowego wykorzystania energii atomowej(Wydział Prawa i Administracji UAM, 1984) Gadkowski, TadeuszThe article discusses a question of functioning of means of international control of peaceful utilization of atomic energy — a problem of great importance for modern international law. In the introducting part the author presents basic remarks on the essence of international control as one of the institutions securing effectiveness of norms of international law. This serves as grounds for stating an issue of international control for peaceful 'utilization of atomic energy with indicating specific features of control activities in that scope. Essential discussion is concentrated on questions of character of means of international control for peaceful utilization of atomic energy. Those problems are presented on a basis of cardinal outline of legal structure of control system of International Atomic Energy Agency, which consists of Agency Statute, Safeguards Document, Inspectors Document as well as 'provisions of relevant Safeguards Agreements. Upon a study odi basic regulation of international law concerning the IAEA control system it is indicated by the author that these provide a combination of two types of means of control i.e. means of disclosure and of verification. Particular attention is drawn by the author to functioning of the records system (accounting records, operating records), reports system (initial reports, inventory change reports, material balance reports, special reports) and the inspections system (ad hoc inspections, routine inspections, special inspections). The author also points ont at the possibilities of undertaking actions by the IAEA having character of sanctions in cases of ascertaining a breach of international agreements adopted by states in that scape.Item Porównawcza analiza cykli gospodarczych w kapitalizmie i socjalizmie(Wydział Prawa i Administracji UAM, 1984) Balicki, WładysławA summary of features common, and separately of those quite distinct to those systems is a point of departure for further study. The first group consists of economic structure, level of technology economic dualism (there tare two types of subjects in the examined range in both of the systems: investors and other subjects), character of technological connections. The following are classed in the second group of features: preferences of subjects (either maximization of a ratio of investments to effects or vice versa), character of disequilibrium (demand or supply) and a type of disequilibrium asymmetry (from the beginning to the end of technological course and reverse). The study of a course of business cycle is presented with the use of numerical model with several simplifying assumptions being made. Beginning of a cycle, in both of the systems is marked by ridding of bottle-necks performed in capitalism by means of investments in branches producing final consumption, goods, and in sociailism by investments In branches developing resources. Thai; initial impuis effects expansion of production capacities in those branches which respectively become bottle necks of economy. Sequence of investments fin socialism is reverse to the one of capitalism. Both systems enter their optimum stages where unutilization of productive powers effected by existence of bottle necks is lowest, in economy treated as a whole. Further development, forced by internal mechanisms results in a return to the initial stage of structural disequilibrium. The article contributes also several more general reflections concerning development perspectives of comparative economy.Item Analiza kosztów i korzyści w ocenie przedsięwzięć inwestycyjnych(Wydział Prawa i Administracji UAM, 1984) Janc, AlfredPresentation of essentials of the cost-benefit analysis system is the task of the article als well as indicating at potentials of that system for theoretical propositions and practical conclusions recently drawn and aimed at means of functioning of Polish economy. The author characterises sources of the cost-benefit analysis concept, solutions adopted in that system, assessments of investments projects, and relations of the CBA with such branches of knowledge as political economy, econometrics and planning. The author focuses on problems of shadow prices upon indicating at differences characterizing the modern social cost-benefit analysis as compared to traditional financial measures of private payability. To simplify the matter, calculation of shadow prices is one of the stages in the three stage process of estimating social payability of investment ventures. The other stages define a target function to be maximized and formulate a decisional criterion which is to facilitate inputs of perceived social costs and benefits to a form which enables comparing the investment project with other alternatives, and in consequence, its acceptance or rejection. It is stated by the author that in spite of the last two decades of animated discussions, of numerous improvements in theoretical formula and practical applications, there is no entire consent to the CBA procedures which could be named universal and serve as guidelines in all situations. It is also painted out that various elements present in the cost-benefit analysis and referring to theoretical grounds of that system have already been utilized in practice eg. of the Polish planning or investment effectiveness calculus. That particular fitness of the cost-benefit analysis for the centrally planned economies has been often emphasised by authors studying the CBA.Item Tendencje zmian w rozkładach dochodów i majątku ludności na świecie(Wydział Prawa i Administracji UAM, 1984) Mruk, HenrykExamining and comparing changes in income and property distribution of the population in many states is very often difficult on account of different method of gathering statistical data. This concerns differences in systems of taxation of population's income, socio-demographic structure of society, number of households and first and foremost choice of household samples for representative studies. Coefficients of concentration and decile measures are the most common methods of describing income distribution. The studies carried out in the last decades (from the end of former century) allow to formulate a rule that degree of inequality of income and property distribution in households diminishes slowly as the time flows. Property of population being a function of a long-run income on the one hand and affecting the short-run incomes on the other, is distributed more inequally in societies than incomes. Differentiation of population incomes according to their amount is higher in capitalistic countries and lower in socialist ones. Increase in a range of incomes as expressed in absolute numbers can be observed as a level of concentration coefficients for income decreases. There can be also a difference in space observed between those countries which are considered to be rich in a sense of tenders of payment and those of a highly developed industry, technology and considerable productive property.Item Wymiana międzynarodowa zrównoważona ale nie równoważąca(Wydział Prawa i Administracji UAM, 1984) Misior, BogdanThe article discusses a problem of influence of trade exchange between free market and non parametric economies on a market disequilibrium level in the latter ones. Having the assumption made that a non-parametric economy is burdened with a permanent supply disequilibrium, by means of internal structural conditioning the author attempts to define ruling causalities for foregn trade in that situation. In his opinion imports from market economiees are the emergency measures used in order to remove the most acute market shortages in the macro scale. But in those instances terms of contracts are changing to the worse. The final result is a certain loss in supply increment in the internal market, which is normally gained by imports. The following part of the article discusses a case of exports, having the assumption made of balanced trade. The author advocates that a permanent inclining for intervention imports yields the pression on balance which effects too extensive gain of internal demand created in the process of export production. All in all the foreign trade when stimulated by demand disequilibrium becomes a factor fostering that disequilibrium. Upon revoking the assumption of balanced trade, the author discusses the case of trade with the imports surplus {(Poland, the former decade) and next, estimates the effect of trade with the exports surplus on the level of demand disequilibrium (Poland after 1981). The finali part of the article consists of the attempt at defining factors which can diminish the action of the presented mechanism of aggravating (demand disequilibrium by means of foreign trade with market economies.Item Fazy rozwoju przemysłu PRL w przekroju gałęziowym(Wydział Prawa i Administracji UAM, 1984) Kruszka, KazimierzThe elaboration contains the results of division into stages of development of socialized Polish industry in the years 1950 -1982 carried out with the use of statistical methods. Deaggregation of industry was performed with the account taken for the division into nine groups of industry branches according to the Chief Central Statistical Office classification made according to the so-called plant method. A set of products, representative for each of branch groups and for industry in general was adopted as grounds for isolation of development stages in their quantitative aspect. As regards the whole of industry a version accounting for total production and employment was analised along with representative products. Division into stages of changes in branch structure of industry was carried out on the basis of total output distribution and employment distribution in the years 1980 - 1982 with supplementary reference made to 1950. The results achieved are corresponding to findings of other authors although obviously they would require further verification.Item Poziom i struktura usług produkcyjnych w rolnictwie uspołecznionym(Wydział Prawa i Administracji UAM, 1984) Wojciechowska-Ratajczak, BogumiłaThe article attempts at defining tendencies characteristic for the evolution of productive services branch for the socialized agriculture on the grounds of statistical analysis of the level and structure of productive services rendered in that sector as compared the agriculture as a whole, in the years 1970 - 1982. The analysis results confirmed that a character and dynamics of changes characteristic for the development of productive services were not able to follow preferences of socialized farms although corresponded to general tendencies in their sphere. Further improvements of the examined services should consist in a considerable development of pre- and post-productive services rendered by non-agricultural branches of foodstuffs economy.Item Pozycja spółdzielczości wiejskiej na rynku rolnym w warunkach reformy gospodarczej(Wydział Prawa i Administracji UAM, 1984) Szczepański, JerzyThe economic reform fosters approaching of State and cooperative proparty, but does not effect elimination of essential differences between them. On the other hand, State and cooperative forms alternate in a higher degree in several domains. Simultaneously, the reform causes higher alternation of cooperative and private forms. Those circumstances must be accounted for in order to solve a problem of demonopolization of certain spheres of production and market, including agricultural market. Transformation from a one-subject to multi-subject organizational structure on that market can aid demonopolization processes but is not able to perform their role. The following are the main directions of structural and organizational transformations on the agricultural market: creating new cooperative or mixed State- -cooperative units, sometimes private units having retained the legal monopoly of the socialist state to purchase basic agricultural products. At the same time it seems indispensable to improve organization and functioning of rural cooperatives. Transformations of property and organizational structure on agricultural market ought to be gradually carried out as favourable economic conditions develop, especially when a buyer market is formed.Item Wewnętrzne dysproporcje wzrostu gospodarczego w procesie uprzemysławiania krajów rozwijających się(Wydział Prawa i Administracji UAM, 1984) Balicka, MariolaEconomic dualism of the developing countries consisting in co-existence of capitalist sector and state property along with a sector representing pre-capitalistic production relations, reveals its spatial aspect in concentrating the first sector in huge urban agglomerations and the existence of agriculture in the remaining regions. Many authors hope that a process of industrialization of those countries with the revolutionary function of industry towards traditional agriculture yould level spatial and sector disproportions in economy. Yet, the analysis of basic directions of industrialization in the developing countries, carried out according to sources of accumulation (industrialization by foreign investments, by private internal capital and by a state) does not confirm that thesis. Contrary, features of the developed industries effect a stable growth of a spatial and sectorial concentration of economic development what in turn results in concentration of incomes. In consequence, the stable dichotomy between growth enclaves and regions and sectors of structural stagnation exists. The verifying material in this respect is furnished by experiences of the so called newly industrialized states. Basic features of industry in those countries causing the mechanism of self expanding concentration of economic development both spatially and sectorially are a subject of analysis. The following have to be ranked among them: use of technology which its not adjusted to labor market in those states., carrying out industrialization on the basis of mostly foreign sources, orienting certain types of production exclusively onto foreign markets; in respect of the industry designed for the internal market a structural limitation of capacities and stimuli for internal accumulation is the discussed feature.Item Modelowanie procesów ekonomicznych w warunkach dezaktualizacji informacji(Wydział Prawa i Administracji UAM, 1984) Nowak, EdwardThe article is devoted to econometric modelling of economic phenomenae interrelations in a situation when statistical data being the basis for modelling are becoming out of date in process of time. The article presents a concept of creating econometric model (choice of describing variables and assessing parameters) which would attribute lesser weight to statistical data of earlier periods of time, while more weight to the data originating in periods closer to the present time. The idea can be summarized as multiplying initial information proportionally to numbers of respective units of time. The proposed concept was applied in construction of the econometric model explaining formation of dynamics of total animal output of Polish agriculture in the years 1965 - 1982.Item „Nauka o organizacji" a socjologia(Wydział Prawa i Administracji UAM, 1984) Krężlewski, JerzyThe article is an attempt at presentation how basic notions and ferms used by sociology of organization function in other sciences dealing with problems of organization as eg. praxiology, theory of organization and «management or psychology of organization. General reflections are concentrated around various ways of understanding of the notion of „organization" and around the so-called concept of system analysis of organization. The author advocates understand of organization as a set of rules of action or rules of functioning of groups or other human communities. He represents an opinion that organization cannot be identified in sociology with institution assi there are essential differences between them. The author attempts to present a relationship between organization and institution in sociolo¬ gical aspect on the grounds of (the proposed way of interpreting the notion of organization. The article includes critical remarks on the so-called system approach in sciences on organization. It is found that in most of the oases the system approach functions only as a language formation unable to contribuite any methodological qualities but a new slang. Treating the system approach as a new methodological directive assumes a p r i o r i , that any organization is a system which does not always correspond to social reality. For there are organizations not fulfilling their statute goals because they do not function as a system. The final part of reflections is an attempt at presentation of tasks of sociology in analysing organizations and explicating those mechanisms for the sake of practice which cause organizations to function as an integrated whole, as a social system.Item Socjologiczna teoria elity(Wydział Prawa i Administracji UAM, 1984) Żyromski, MarekThe article contains a study of views of the most eminent adherents to the theory of elite and an attempt at defining the (possibility of its application in social sciences. The emergence of that concept at the end of 19 century is related to names of Italians V. Pareto and G. Mosci. They defined a notion of elite though only in political categories omitting other spheres of social life, in particular the economic basis of a high social position of elite members. In the 20 century the theory of elite found many followers, especially in the English speaking countries. Observing a heterogenous character of modern societies, such {researchers as K. Mannheim, H. Dreitzel, S. Keller, specified several types of elites operating simultaneously in society (political, economic, army, artistic). The attempts were being made at defining a general elite of society, as in every sphere of human activity an elite group can be isolated (H. Lasswell, D. Boyd). At the same time some of scholars kept relating functioning of elites to the problem of political power (H. Lasswell, C. Mills). Various questions emerging from the theory of elite raise controversies. It is extremely difficult to find the definition of elite which would be adequate for societies at different level of developement. The author has also tried to present several critical conclusions on the presented concepts of elite. The theory of elite presents a different perspective of analysis from the classstrata analysis, facilitates better examination of a social structure, especially a sphere of political relations.