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.
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    Transformacja makroekonomiczna a upadłość przedsiębiorstw w Polsce w latach 1990-1995
    (Wydział Prawa i Administracji UAM) Hadasik, Dorota; Kowalski, Tadeusz
    Most elaborations on transformation processes of Polish economy concentrate upon the analysis of fiscal and monetary policies or of exchange rate. The by-result (nevertheless - unavoidable) of macroeconomic transformation in Poland was the apperance of the enterprises insolvency phenomenon. This problem has bees analysed mainly from legal point of view in the subject literature. The aim of the present paper is to analyse the scale and regional diversification of such insolvencies against the background of macroeconomic phenomenons and resulting institutional solutions in Poland after 1990. We consider that during the initial phase of the transformation a liberalization of formal and legal entrance rules is of key importance for the development of the economy. In second phase of macroeconomic transformation the exit rules solutions become particularly important. Their effective operation is a necessary condition for restructuring the economy and for generally effective impact of allocative function of market mechanism. The present paper consists of four points. The first point is introductive. Within the second - principal elements of the Polish stabilization programme as well as summarized, macroeconomic results of the reforms have been presented. This knowledge and an analysis of it seem to be necessary for to understand the scale of insolvencies of enterprises in Poland in 1990 - 1995. Under the same point there is also an evaluation of accessibility and quality of informations relevant for examining the circumstances of bankruptcies. Additionally - informations about the scale of company promoting activity within the private sector have been inserted. These informations are the point of referrence to the analyses of insolvencies scale which are comprised in point three. The insolvencies scale is analysed both in global and in voivodeship optics. The conclusions are in point four. A detailed macroeconomic analysis of enterprises insolvencies mechanisms in Poland is quite a difficult task. The basic problem is still insufficient authenticity and accessibility of microeconomic data, and especially - from menaced and falling enterprises. Such a state of things gets it difficult or even simply impossible to apply presently some models of evaluating the imminence of an insolvency.
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    Powiązania niemieckiego systemu wspólnego oszczędzania na cele mieszkaniowe z globalnym popytem
    (Wydział Prawa i Administracji UAM) Nowak, Andrzej
    The author gives an analysis of relations between housing industry and other branches of the economy. He demonstrates that State interference aimed at increasing the building demand contributes to a growth of voluntary savings. Functional principles of German corresponding system are presented with special stress of the fact that some balance between savings and investments is a very important advantage of the whole system what assumes stability to the conjuncture of the whole of economy. The author notes that in a situation where the number of participants to the system diminishes expressively - the credit amounts accorded to the others are not much lower. The bigger is the part of common savings for housing purposes in the financing of the economy, the less State interference and help is needed.
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    Wpływ zmian gospodarczych na działalność banków spółdzielczych na Śląsku Opolskim
    (Wydział Prawa i Administracji UAM) Bryniarska, Teresa Izabela
    The article undertakes trial of answering a question: How to define identification and quantification of influence of economy changes on cooperative banks activity in Opole Silesia at the time of transformation from real socialism to free market economy. To response this question simultaneously the following thesis have been verified: 1) Money market of cooperative banks is involved in segmentation, being divided into unstable credit action, market with stable credit action, and market with limited credit action. 2) Formation of money market of cooperetive banks has been effected by functional community factors. 3) Cooperative banks serve a local society. The article notices useful for professionals methods of econometric and describing statistics, serving to examine the money market of cooperative banks.
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    Udział sektora prywatnego w budowie infrastruktury transportowej
    (Wydział Prawa i Administracji UAM) Paczoski, Andrzej
    Traditional ideas concerning public investments in transport infrastructure (roads, airports) tend to retreat. A new approach to the subject of suggests a new way of expanding the transport infrastructure. These proposals include deregulation and privatisation. New problems which tend to become more important contain: general rules and reasons of participation of private sector, practical side of private firms' involvement in the implementation of such projects. The paper considers all those aspects and concentrates on groups which have interest in infrastructure expansion. It is very important to identify problems and obstacles hindering the new developments (deregulation and privatisation). The cost - benefit analysis provides here a number of interesting solutions which may contribute to solve some of them. The participation of private firms in the process of planning, building and exploitation in transport investment projects is a source of a number of benefits for the whole economy. For example: an improvement in the balance of trade, growth of the GDP, increased employment, etc. Furthermore, private companies assure good quality of realised investment projects and economies in construction and exploitation costs. These elements are desirable for the whole society. Practical examples derived from the experience of more developed countries (transport infrastructure policy) can be fruitfully adopted in Poland. Our country is attractively located as far as the principal international trade flows are concerned. Poor conditions of Polish roads should stimulate the application of a new approach in infrastructure policy, such as deregulation and privatisation.
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    Wpływ społeczności lokalnych na kierunki rozwoju rozwoju społeczno-gospodarczego (w wybranych gminach Wielkopolski)
    (Wydział Prawa i Administracji UAM) Kotus, Jacek
    The question of influence standards in relation of an individual to his surrounding and that on the level of satisfaction resulting out of realizing these standards happens to be quite often discussed in different works, as well of psychological as of sociological concern. These notions are important components of theories on subjectivization of individuals or social groups. The theories enjoy much interest and are very popular now, particularly against the background of recent transformations in Poland. The presented classification divides local societies into nine classes considering their virtual influence standards against the influence realized and, further, considering the resulted satisfaction- dissatisfaction impression - what makes it easier to meet and to determine the researched local societies. The above involves facilities in realizing two following postulates: a) teaching the communes inhabitants of normal influence standards; b) looking after the learned standards be realized. The classification is completed with the results of on spot research held in 1995-1996 in the Poznań region.
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    Społeczne skutki upowszechnienia pornografii
    (Wydział Prawa i Administracji UAM) Krawulska-Ptaszyńska, Anna
    Referring herself to very rich literature of the subject the author discusses as well negative as positive consequences of pornography dissemination. She states that pornography itself belongs to heterogeneous phenomenons. The group of materials determined as being pornographic consists of harmful material (e.g. sado-masochistic) and of that which has been produced with breaking the law (infant pornography). This all can generate various antisocial effects. Besides - however - the pornography may have some prosocial effects, e.g. in the therapy of deviations, distempers or disfunctionning. So, it depends on human beings themselves wheather the pornography shall be harmful and inciting to antisocial behaviour or be helpful and able to make richer the erotic life of the men.
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    Przegląd piśmiennictwa RPEiS 59(1), 1996
    (Wydział Prawa i Administracji UAM)
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    Sprawozdania i informacje RPEiS 59(1), 1996
    (Wydział Prawa i Administracji UAM)
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    Ekonomiczno-Społeczne zagadnienia sporu o powszechne uwłaszczenie
    (Wydział Prawa i Administracji UAM) Suwalski, Andrzej
    The article presents dilemmas arising from the idea of distribution of shares of state - owned companies to all citizens (universal privatisation). It examines the relationship between this concept of universal privatisation and the Universal Privatisation Scheme currently implemented in Poland. The article presents also how this concept has taken shape. Subsequently the questions asked in the privatisation referenda of February 18, 1996 are being discussed. In conclusion the article analyses the possible impact of including some ideas of universal privatisation into the general course of transformation of the Polish economy.
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    Paradoksy antyinflacyjnej polityki pieniężno-kredytowej banku angielskiego w latach 1988-1993
    (Wydział Prawa i Administracji UAM) Knakiewicz, Zenobia; Mika, Błażej
    The paper characterizes the money and credit policy of the Bank of England in 1988-1993. The research was referred to original numerical data. The Bank has realized its policy in conformity with principles of closed loop policy despite of the fact that the imposed assumptions of its money and credit policy were based on the k per cent rule. Monitoring the volume of money resources and the inflation rate during this period denies any simple relations between these two factors. Within the period examined the index of money resources increased systematically up to 151,2 per cent. The inflation rate has increased from 4,9 to 9,5 in 1988 - 1991 and then dropped quickly to the level of 1,6 in 1993. The aim of the paper was to explain such a paradox. It appeared that open market operations of the type outright which were applied effected in the same way as it is for production credit.