Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1984, nr 4

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Skorowidz alfabetyczny za rok 1984
(Wydział Prawa i Administracji UAM, 1984)
Spis treści RPEiS 46(4), 1984
(Wydział Prawa i Administracji UAM, 1984)
Ewolucja rad narodowych w Polsce
(Wydział Prawa i Administracji UAM, 1984) Leoński, Zbigniew
Reflections on evolving shape of legal regulations concerning local administration in the forty years of People's Poland are subject of the present study. The author examines basic stages in transformations of regulations of people's councils which are the foundation of local administration. Provisions of the temporary statute of people's councils, passed by the National People's Council on January 1, 1944 are the starting point. The next stage is opened by the provisions of 1944-1945 which introduced a dualistic model of local administration based on the patterns of the interwar period (organs of government administration and local self-government) supplemented by the system of peoples councils. The year 1950 brings about an introduction of the Soviet patterns to the system of local administration. On the grounds of those patterns the system has functioned until 1972-1975, although it underwent substantial modifications. Passing the 1958 Act of People's Councils ought to be noted here. Several provisions are introduced in the act in order to preclude centralistic deviations which were observed under the 1950 Act. The transformations of 1972- -1975 can be summarized as combining the Soviet pattern with institutions of government administration of the interwar period (a monocratic organ of local administration with its submitted office, „transplanted" to the system of people's councils. The period succeeding he 1972 - 1975 reforms is the one of recurrent centralizing of administration. Therefore, the Act of July 20, 1983 on the system of people's councils and local self-government has to be interpreted as the reaction on centralistic distortions of the former period. It became a sign of compromise in an animated discussion on the concept of local administration which was under way in the years 1930-1982. The Act is based on the idea of people's democracy, characteristic for a socialist state, with institutional elements of selfgovernment organization. As far as professional organs of administration in the system are concerned, the legislator referred to the solutions of 1972 -1975, but the higher influence in their creation was secured for organs representing citizens. Various conclusions can be drawn from a study of evolving legislation in the People's Poland. It should be noted though that two tendencies came to importance in different periods of time — the one of centralization and the one of decentralization. It was also the case of sear-ching a proper model of local administration for a socialist (State, and — to a lesser extent — traditional Polish solutions were evoked. It also seems that basic changes in the sphere of local administration were carried out too often without proper preparations for the reforms.
Rolnictwo w Polsce Ludowej
(Wydział Prawa i Administracji UAM, 1984) Ratajczak, Klemens
The article is opened with a presentation of conditions of Polish agriculture at the end of the World War Two. The author also explains reasons of the agrarian reform and its effect on increase of production and economic revival in the country. The author indicates that the reform was not as much a politicai act as the economic one, which resulted in the most rational adjustement of organizational and property relations to the then présent productive forces both in agriculture and in the whole of economy. In he beginning of fifties that most efficient model of agriculture in the Polish conditions was disturbed. That led to stagnation and even to a decline in some branches of agricultural production. A period of removing all negative tendencies present in agrarian policies since 1950 became from 1958 on. The years of 1970 - -1974 were the most prosperous time for the Polish agriculture and its production reached the highest output gains in its all post-war history. Yet, several distortions were not avoided, like unjustified pace of concentration and bureaucratization in managing state farms, insufficient developement of production means of industrial origin for agriculture, departures from the 1970 adopted policy of one agriculture. After 1980 the agricultural policies were set to eliminate those irregularities. It is however carried out under conditions of substantial difficulties connected with the present economic crisis.
Kształtowanie cen detalicznych w Polsce Ludowej
(Wydział Prawa i Administracji UAM, 1984) Szulce, Halina; Mruk, Henryk
The article presents basic principles of price shaping in the period from the end of the World War Two to 1983, as well as its dynamics attempting to relate it to changes in industrial and agricultural production. Presented actions undertaken in that sphere in the fourty years of the People's Poland indicate that the same economic problems to solve were appearing in individual years irregularly, but cyclically. These were first of all: lack of market equilibrium, higher incomes of the population than market supplies, improper price relations in food and non-food stuffs and high budgetary subsidies to the retail prices. In this situation almost all concepts and implemented price reforms aimed at elimination of those difficulties. Yet, the effects were not long lasting and ineffective in the long run. It was fallacious to treat price as the last resort to improve and regulate functioning of economy, meanwhile, as it is easy to prove, functioning system of prices has a secondary character in relation to functioning economic system, that is only healthy economy which gives shape to the efficient price mechanism. A study of price levels and relations in the examined period proves a gradual (from the sixties on) departure of prices from any relations and economic grounds. Stabilization of foodstuffs prices, effecting increasing budgetary subsidies was accompanied by an irrational growth of non-alimentary products. Both agricultural and industrial production, initially tending to stabilize declined gradually. In that situation it is necessary to return to prices their role of important economic instrument. The authors attempted to prove however, that although indispensable, it is hardly a sufficient intervention to revive the economy.
Polskie koncepcje monetarne
(Wydział Prawa i Administracji UAM, 1984) Knakiewicz, Zenobia
The article is a synthetic and comparative study of theoretical grounds of monetary concepts developement adopted in Poland in the interwar period and after the World War two. Various monetary theories formed the grounds of those concepts, they were implemented in the two different socio-political systems and under different economic conditions. Their choice was determined by distinct doctrines of political economy. Having the said assumptions in mind the authoress attempted to find the reason for inefficiencies of monetary systems and their financial-credit policies based ori adopted monetary concepts. Sharing her reflections on the monetary concepts, the authoress pointed out that fallacies in the very concepts, improper handling and utilization of money instrument in economy, and no adjustments made in the concepts for the given conditions made the financial-credit policies fated to fail. It was also indicated that recently forwarded propositions related to changes in rates of exchange and financial-credit policies are directed in a correct way.
Status prawny wysp naturalnych i sztucznych w nowym prawie morza
(Wydział Prawa i Administracji UAM, 1984) Symonides, Janusz
A problem of defining a notion of "island" and the related question of right to possess maritime territories was particilarly in focus at the III. Conference on the Law of Seas particularly in relation to the perspective of setting up exclusive economic zones. There is over half a million islands on the world ocean differing widely from each other in area, situation, mineral resources, fauna and flora. The right of inhabited islands to posess their own economic zones and continental shelf was not questioned in so far as a substantial part of states declared themselves in favor of limiting or excluding the right to posess economic zones or shelf by rocks or uninhabited small elevations. Compromised art, 121.3 provides that "Rocks which cannot sustain human habitation or economic life on their own shall have no exclusive economic zone or continental shelf". It can be inferred from that article that rocks retain their right to posess territorial sea and contiguous zone. Conceding a right to states to set up zone around uninhabited rocks to protect customs, fiscal immigration and sanitary interests can raise certain doubts. The Convention does not answer the question whether a state to which an island belongs can institute its contiguous zone in the exclusive economic zone of another subject. The very notion used in the wording of art. 121.3 is also not free of ambiguities. Is a notion of "rocks" to be understood verbally — it would not then contain coral-reefs, sandbanks as well as other smaller land formations. Formulations pertaining to inability to sustain human habitation or economic life can be a subject for discussion too. Making account for area sizes would simplify the whole problem. It has to be assumed though that differences in opinions in those questions will eventually find their solution on account of a procedure of peaceful settlement of disputes adopted in the convention. The problem gains a large practical importance in relation to the new possibilities of utilizing artificial islands and installations. The artificial islands can be divided into four categories: a) constructed on the. bottom and permanently tied to it, b) embeded on the bottom but movable, c) floating or rather bouyed and d) navigable. A coastal state has an exclusive right to erect artificial islands on its territorial sea in the exclusive zone or continental shelf. Right of other states to construct in economic zone installations and constructions for other than economic goals is controversial. A new solution adopted in the 1982 Convention is freedom to erect artificial islands on open seas. The said freedom is limited though by rights of coastal states in continental shelf on the one hand and on the other by provisions concerning bottom of seas and oceans recognized to be a common heritage of hummanity. In comparison to the 1953 Convention on Continental Shelf, the Convention on the Law of Seas made a step forward in defining a status of artificial islands, installations and constructions, Further specifying of numerous questions in the Convention as well as elimination of the existing loopholes to start with lack of definitions, questions of jurisdiction, to a detailed regulation of artificial islands status on the open sea.
Terenowe organy władzy i administracji państwowej a podstawowe i spółdzielcze jednostki gospodarki uspołecznionej
(Wydział Prawa i Administracji UAM, 1984) Niedbała, Zdzisław
People's councils and their executive origans governing according to the provisions of Constitution of the Polish People's Republic have to administer and control economic and cultural activities on their area. It is also the area of functioning of units of socialized economy. State enterprises and cooperatives are of a particular importance amnog them. The economic reform initiated in 1982 has extended substantially self-containment of these subjects and self- government of their workers. On July 1, 1984 the new Act on the People's Councils and Local Self-Government System is put into force. Consequently there is a problem emerging of establishing a relation between people's councils of extended competence and self-governing and self-contained enterprises and cooperatives. What is the extent and legal means of council's intervention into activities of those enterprises? In the light of present regulation local organs of state administration can exercise their power on the socialized economy units only on the grounds of explicit statutory authorisations and with the use of means designed in the statute. It can be therefore inferred that any decision or another binding act of will of administration organ addressed to enterprises or cooperatives has to be based on statutory grounds. The said principle is expressed in the People's Councils System Act. the State Enterprises Act of 25 September 1981 and the Cooperative Law Act of 16 September 1982. Only m exceptional cases the acts authorize organs of state administration to give decisions binding units of socialized economy in the scope of their statutory activities, it may be the case of calamity or needs of state defense. Forms of control influence gained a substantial importance (i.e. agreements between organs of administration and organs of enterprises and cooperatives. Rights to control are vested with people's council, its presidium organ and its comissions. Principles of cooperation between organs of people's council and organs of workers self government in enterprises and cooperative self-government are also defined in the Act of July 20, 1933. Cooperation on that field is designed to increase a rank of various forms of social self-government. The state enterprises have a various legal status. They are operating either according to the so-called general principles or they are enterprises of social utility. The latter are of particular importance for people's councils. It is their task to fulill needs of community in a current and continuous way. Therefore in this case the organs of local administration can exercise larger competence. They confirm an enterprise's statute, its annual plan and give a consent to its accession to association. Competence of local organs of administration is much narrower in case of enterprises established by central and general organs of state administration. Practice of relations between organs of administration and units of socialized economy can not be assessed accurately on account of a short time passed since the enactment of the relevant statutes. The practice is to a large extent determined by the economic reform which itself is constantly evolving.
Rozgraniczenie dowodu z zeznań świadków i dowodu z opinii biegłego w postępowaniu cywilnym
(Wydział Prawa i Administracji UAM, 1984) Knoppek, Krzysztof
Theory of civil procedure has for a long time attempted at delimiting a. role of witness and expert. Various criteria of delimitation of these two roles in procceedings were taken into account. Yet, these proved to be illusive and unable to draw a clear-cut-line between a person to submit his testimony as a witness and a person who ought to stand before court as an expert. It can be easily seen in case of the so-called experts-witnesses. In the author's opinion, the basic difference between a witness and an expert nas a formai character and is related to the will of court examining knowledge of a given person in the form of determined evidence There are substantial differences between a witness who was called by court and an expert who was appointed by court and accepted his duties.
Zagadnienie niefiskalnych celów opodatkowania gospodarki nieuspołecznionej i ludności w Polsce
(Wydział Prawa i Administracji UAM, 1984) Gomułowicz, Andrzej
Taxes levied by the state on population and non-socialized units of economy have a minimal weight as a position of budgetary income, as they account merely two percent of total income of the state budget. Taxation policies towards non-socialized units of economy and population are said to realize non-fiscal goals on account of their insignificant economic importance. The goals can be inferred from targets to be carried out by state in the scope of affecting a shape of socioeconomic and political relations. Taxation system is in turn formulated in order to accomplish those tasks. E.g. higher or lower burdening a determined economic activity with taxes can be a means to support or supersede that activity. It is performed by shaping a scale of taxation, differentiating tax rates, introducing a system of exemptions, reductions, increases, or defining conditions of payments, etc. Taxation of non-socialized economy units and population can be always regarded as a reflection of changes undergoing in concepts of socio-economic developement of the country and in the related political conditions.
Zagadnienie rewizji Karty Narodów Zjednoczonych
(Wydział Prawa i Administracji UAM, 1984) Henczel, Achilles
The present article concerns a question of revising the UN Charter, which is essential both from the political and international law point of view. It is regulations of the Charter which are the legal guarantee of maintaining world peace and security. Changes in international community which took place in the decades of fourties and fifties in the scope of political differenciation of states, esp. the so-called great powers and in completion of the de-colonization resulted in increasing tendencies to revise several provisions of that document. Main subject of activities were: abolishing or limiting a principle of permanent membership of the Security Council, and the related right to veto, another definition of a role and competence division of particular main organs of the organization- e.g. activities of the General Assembly and Security Council in the scope of maintaining and securing peace, defining a new formula of the Trusteeship Council In the opening part of the article the author presents general procedures of introducing amendments and changes in agreements referring to preparatory works to the Vienna Conference on the Law of Treaties and to the relevant regulations providec by the Convention of 1969. Next, the author examines a question of revising the Charter in the light of its own provisions proving a lack of substantial differences between the procedure of art. 108 on introducing amendments and the procedure provided in art. 109, esp. in its par. 2 on calling the Conference for the Purpose of Revising. The main part of the study presents the origins and works on the revision of the Charter, on the grounds of the activities undertaken in the General Assembly and in the Sixth Committee and in other ad hoc appointed bodies. The author concludes his remarks focusing on the perspectives of realization a process of revising the UN Charter which seems to be heavily affected by the political designs of states of groups of states-members of the UN.
Przesłanki stanowienia norm bez sankcji
(Wydział Prawa i Administracji UAM, 1984) Jabłońska-Bonca, Jolanta
The article focuses of the problem of leges imperfectae. The authoress presents some probable reasons for providing norms of that type in the context of knowledge of the theory of organization and sociotechnics, concentrating her attention on discussing norms delimiting tasks of state administration They establish a duty to realize specific goals or to act in a given direction. Their importance is presently increasing, what is related to the expanding legal regulation in a sphere of administration and economy. A substantial amount of those norms is not sanctioned in legal provisions. In search of grounds to provide norms of that type, the authoress examines conditions of operation for a given norm, characteristic features of addressees, properties of regulation subject and other circumstancies in which a law making decision is being made.
Rozwój geografii ekonomicznej po II Kongresie Nauki Polskiej
(Wydział Prawa i Administracji UAM, 1984) Domański, Ryszard
The task of the article is to present a development of economic geography in the period which passed since the Second Congress of Polish Science. It is realized by: 1) examination of results of scientific research recommended in the materials of the Sub-Section of Geographic Sciences and Country Developement, 2) indicating at those of not realized findings which are still current, 3) propositions of scientific research which were not forwarded in the period of the Congress. Each of the three parts of the study contains three subjects maching the three main directions of geographic and economic research. These are: 1) examinations of basic spatial systems and their internal and external relations in a dynamic approach, 2) examinations of a developement of regional structure of the country, 3) examinations on theoretical and methodological progress. Additionally, the questions of regional planning developement and regional information system were discussed. The author forwards among others the following research propositions which were not provided in the Congress materials: 1) intensifying works on environment protection, 2) developing a theory of managing natural resources, 3) migrations of population within cities and urban-industrial agglomerations, 4) stratification of society in the regional approach, 5) change in conditions of regional developement, 6) modelling of functioning and developement of regional economy, 7) dynamics of spatial-economic systems, 8) wider application of hypotheses of statistics and logical calculus of statements, 9) accounting for a combined tasks in spatial planning. The article underscores the effects of developing scientific individualities of particular researchers and of whole scientific teams. In the final part, the author touches on more controversial problems: the so-called licencing of Polish economic geography, a question of changeability of paradigms and a question of landmarks and modifications.
Rozwój społeczno-gospodarczy a ochrona środowiska
(Wydział Prawa i Administracji UAM, 1984) Ginsbert-Gebert, Adam
The socio-economic development, in particular rapidly expending processes of industrialization or urbanization of specific countries or regions effect a serious disequilibrium ruling mechanisms of Nature. The said development is a reason of increasing threat or even of environmental degradation, but at the same time it magnifies potentials of environmental protection. Total expenditures on environment shaping and protection in Poland in 1982 reach 4% of global investments in the whole Polish economy. It is estimated that approximately 6% is needed in order to have the needs fulfilled. Poland is undergoing presently not only the economic and social crisis but also the ecological one. The socio-economic development, when properly understood, cannot be carried out at costs of environmental degradation. Generally speaking, the influence of tasks of protection of environment on the socio-economic development has a two fold meaning: — in the short run,, the necessity of intensified protection of environment can result in decrease of that development, — in the long run, resulted effects in environmental protection can contribute to the icrease of development rate. The protection of environment is a set of goals which must be properly accoounted for in plans and programs of a socio-economic development of the state in the interest of the present and future generations. The adopted solutions have to form the environment to reconcile laws of Nature and laws of socio-economic development.
Z badań nad rozwojem wyposażenia infrastrukturalnego wsi i rolnictwa w Polsce Ludowej
(Wydział Prawa i Administracji UAM, 1984) Wilczyńska, Kamila
The article aimes at presentation of capacities of developement of country's infrastructure equipement in a longer span of time. The study accounts for some elements of infrastructure. The starting point is the state of country's infrastructure in the interwar period and after the World War Two. In that period country was very diversified in the respect of infrastructure equipement both in a regional and community scale. That state was additionally worsened by the devastations of fixed capital resulting from the war. Developement of country's infrastructure, as one of the means of economic policies of the socialist state started with electrification of villages which became a base for further developement of productive activities in agriculture. The following elements of infrastructure were meliorations, constructions of water intakes as Artesian, dug wells or water-line system. Yet, sewage system in the country is still very rare. Possibilities of the infrastructure developement are related to the implemented investment policies at a given period, in the scale of the whole state. Understanding needs of agriculture developement and foodstuffs economy indicates at accelerating a rate of infrastructure developement in the country and agriculture in a wide sense of its meaning.
Polityka decentralizacji administracji we Francji w latach 1950-1983
(Wydział Prawa i Administracji UAM, 1984) Pelissionnier, Gérard; Perreur, Jacky
A study of the process of administrative decentralization in the period of 1950 - 1983 is the subject of the present article. The substantial part of the discussion is devoted to presentation of actions undertaken after 1981, i.e. in the course of changes brought about by presidential and parliamentary elections. As far as the period to 1931 is concerned, the authors view its organizational moves as a manifestation of deconcentration of power tendencies, rather that a genuine decentralization. Legal acts enacted after 1981 prove a real will of the legislator to carry out a decentralization process. The article discusses in detail all acts and decrees regulating a new competence division between local communities and the state, changes in executive powers in regions and departments, new functions of regions,, new role of state representatives in communities, principles of financing and control a posteriori, possibilities of communities intervention in economic and social matters. All that results in eliminating the state's tutelage on local communities in the respect of administration and financing. The period which has passed since 1981 is too short to allow drawing any far reaching conclusions. It is therefore advised to undertake an attempt at resuming that new stage of decentralization after a certain time.
Makroekonomiczne problemy sterowania optymalnego w matematycznej teorii wzrostu
(Wydział Prawa i Administracji UAM, 1984) Panek, Emil
The work presents three tasks of optimum control of growth in a one-sector economy with a two-factor function of production of Cobb and Douglas, differing in assumptions on national income growth and consumption. Maximalization of consumption in a fixed period of time serves as a growth criterion in the first two tasks. In the third one the growth criterion being time necessary for the economy to reach a target level of consumption goods production. A certain group of conditions eliminating discontinuities („leaps") in the national income distribution revealed in the solutions of the preceding tasks was introduced here. On the marigin of the reached solutions, the author touches on certain general, as it seems, regularities, which are ruling optimum processes of growth in the long run.
Krytyka koncepcji przyspieszania wzrostu dochodu narodowego
(Wydział Prawa i Administracji UAM, 1984) Mielcarek, Jarosław
The article elaborates some elements of a growth model for centralized economy. A modified version of extended reproduction and resulting consequences related to formation of basic macroeconomic relations in the economy became a point of departure for the present study. Next, conditions of dynamic equilibrium were formulated concerning proportions of productive capital distribution between two sectors, distribution of material accumulation, rate of profit, rate of material accumulation, rate of increase of material accumulation and a rate of balanced growth. Transformed formula of Kalecki, account being made for demand factors adopted the identical shape to the last value cited. On the grounds of the said results, the author is answering a query: what are the processes to take place in the centralized economy in the Center increases a rate of growth of national income by enlarging the portion of accumulation in it having stable prices, nominal wages, the solution chosen by M. Kalecki at no technical progress and zero growth of work efficiency is to be excluded. Ascertainments on sources of financing material accumulation and economic growth under condition of economic equilibrium and disequilibrium allowed to analyse consequences of accelerating growth under conditions of disequilibrium. Several formulae are quoted to present relations between a rate of investments and price levels and the rate of compulsory savings and the coefficient of deficite of production of consumption goods. In addition, to underscore the specifics of relations mechanism between investments and savings in the centralized system comparisons were made in that scope with the classical and Keynsian theories.
Metody analizy portfelu grupowych ubezpieczeń rodzinnych na życie
(Wydział Prawa i Administracji UAM, 1984) Ortyński, Kazimierz
A group family life insurance undertaken by the Polish National Insurance belongs to life insurances of a particular social importance. It is distinguished by novelty of its solutions in the scope of calculation principles and in liability of the insurer. The present study attempts at filling a gap in research instrumentation aimed at accurate assessment of economic risk dimensions, covered by insurer. Formulae estimating, in a possibly adequate way, financial effect of current activities of insurer, levels of life insurance fund and amounts of optimum life insurance found are being discussed. The assumption of the so-called „diminishing" („non-renewed") insurance portfolio is made. A limited cognitive value of the index of burdening with premiums of insurance benefits in long term life insurances is indicated.
Dylematy współczesnej polityki społecznej w Polsce
(Wydział Prawa i Administracji UAM, 1984) Tymowski, Andrzej
The study of socio-economic situation in Poland in 1980 became a point of departure for the author's thought. State of economy set the country serious long term tasks of: a) re-orientation of social and economic policies, b) balancing demand and supplies on the market, c) defining the standard of living on the level of real capacities of the country, d) creating an economic model which would secure effectivity and developement of economy to meet increasing needs of the population. Substantial part of the population as well as the striking workers in 1980 did not realize the gravity of situation. The characteristic feature of postulates advanced at that time was that they were resulted not by the study of actual capacities of the national economy, but by the desire to fulfill often basic, material needs of the population, The two blocs of postulates ratified in the post-strike agreements were quite contrary to the economic situation of Poland. The first group of desiderata referred to increase of fages and social pecuniary benefits (at the existing market disequilibrium). The second group of postulates concerned reductions in worktime and earlier retirements for some social groups. Most of the agreements in the respect of population income increases were realized; yet, higher income not justified by adding to effectiveness of work were one of the reasons which affected augmenting of inflationary gap. In most of the cases the postulates pertaining to reductions in worktime and earlier retirements were materialized. The state was not prepared for so rapid reforms though. As a result production fell e.g. in the important industry of mining. All in all implementation of agreements in the scope of social policies could not produce a lot, contrary to execution of the postulates pertaining to citizens' liberties, freedom of speech and writings etc. The experience of the early 1980's can induce certain conclusions for the future, their implementation can yield positive results and secure future growth of the living standard, by the developement of social infrastructure, among others. Conclusions are the following: 1. The social policies have to be always based on real possibilities of the state and to attribute to its growth. Their goal is to distribute produced goods and services in just and socially accepted way, instead of distributing fiat money without coverage. 2. Limited material possibilities require in turn to define a clear hierarchy of fulfilled needs and to indicate social groups concerned. 3. A distinct division has to be drawn between goods and services distributed within a scheme of social consumption and goods and services consummed directly by persons concerned as individual consumption. Failure to do so became one of the reasons of emergence of high social inequalities in Poland of 1970's. 4. Another question is to include the whole society in social policies, and distribution of consumption funds; the system of authoritarian social policies broke down as its preferences could not suit the society.

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