Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1997, nr 1

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    Spis treści RPEiS 59(1), 1997
    (Wydział Prawa i Administracji UAM, )
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    Terminy załatwiania spraw w k.p.a. w doktrynie i orzectnictwie sądowym
    (Wydział Prawa i Administracji UAM, ) Hauser, Roman
    The efficiency of public administration organs is of essential importance not only for the citizens but also for realization of State purposes in different spheres. Therefore the legislator looks for some effective methods of getting the administration more disciplined. The solutions are the following, first of all: devolution of competences, notifying about defects in the conduct of administrative officials and recognition of the fact that silence of an organ gives its consent. The author discusses precedent, present and projected legal regulations on the time limits for settling of administrative cases. When analysing respective dispositions of the Code of Administrative Procedure he cites also corresponding judicial decisions of the Principal Administrative Court. The following aspects are mentioned, among others: judicial time limits, appealing to higher instances, complaint regarding the inactivity of an administrative office, responsibility of the administration employees. The author considers that the regulations in force do sufficiently assure to the parties to a case the possibility of claiming to settle their demands within due time limits. Only in a few cases a complaint regarding the inactivity of administrative organs is lodged in the Principal Administrative Court. However it is possible that such a restreint number of complaints results from too little conscience of the citizens of a possibility itself of such a procedural facility being awailable.
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    Ujęcie recydywy specjalnej w przyszłym kodeksie karnym
    (Wydział Prawa i Administracji UAM, ) Janiszewski, Bogusław
    The project of penal code is in the Diet nowadays and the parliamentary debate preceding its voting is far advanced. The present proposition is an attempt to suggest some important changes in provisions that regulate penalization of special recidivism. These are changes which however still do have a chance to be accepted by the parliamentary commission. The propositions in question aim at adapting in a clearer way the purposes and means of statutory penalty to the there different areas of facts resulting in relapse into crime. They also intend to adopt as a basis for punishing the recidivists first of all the character of the last crime committed and the importance of the latter rather than the category itself of perpetrators relapsing in crime. 1. Where more trivial offence is involved and within the scope where tendencies not to decree imprisonment penalties should be dominating - the provision on special recidivism permits the court to increase these penalties without opposing general trends in penal policy. 2. As far as more serious crime is concerned - j u s t for the reason of its importance and of the scale of sanctiofs - the author proposes a confinement to advising the court to take into consideration the relapse into crime when fixing up penalty of deprivation of liberty decided within the framework of statutory punishability. 3. In relation with most serious misdemeanors and their most threatening perpetrators (what more is - expecting badly for the future) the author proposes to apply here the isolating function of the punishment as an exception from the guilt principle which is accepted as a pattern for sentencing. In case of a relapse into the statutory cited crime, the court is legally bound to decree the penalty of deprivation of liberty without conditional stay of the carrying out of a sentence decided. The upper limit of the punishment may be then augmented by a half but may not exceed 15 years.
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    Międzynarodowe organizacje muzułmańskie (wybrane zagadnienia prawnomiędzynarodowe)
    (Wydział Prawa i Administracji UAM, ) Drozd, Andrzej
    During last decades we can assist to a growth of international role of the Islam. The Islam which since XVIIth century was gradually losing its positions under the pression of European countries is now recovering its importance after some radical transformations in the first half of XXth century. The author discusses the origin and contemporary legal aspects of Muslim organizations paying particular attention to the Organization of the Islamic Conference and to the Muslim World League.
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    Nabycie prawa oraz wymiar urlopu wypoczynkowego po nowelizacji Kodeksu pracy
    (Wydział Prawa i Administracji UAM, ) Koronowski, Przemysław
    The author discusses rules of acquirement of the right to rest leave and of establishing the length of it in the light of new legal solutions that came into force on January 1st, 1997. Articles 153 and 155 of the new Labour Code are analysed in details; they rule principles of according the rest leave to employees depending on the length of employment and the kind of it, in case of a job change, etc.