Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1997, nr 2


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    Zasada rzetelności w postępowaniu w rozstrzygnięciach organów strasburskich
    (Wydział Prawa i Administracji UAM, 1997) Redelbach, Andrzej
    The article presents some problems involved with regulations of the art. 6 of the European Convention of Human Rights, namely - principle of fair proceeding. Decisions taken in this respect by the European Commission for Human Rights as well as judicial decisions of the European Court for Human Rights constitute a system of precedents which is coherent in due measure. Considerations on the scope of application and on elements composing the mentioned article of the Convention allow to interpret the contents of one fundamental principles of law ever recognized by civilized nations. The principle of fair proceeding assures the right to just consideration of a cause by a court, because only realization of such a principle enables us to verify different decisions made by public power, decisions which are of imminent impact on legal position of an individual and relating corporations. No justice can be guaranteed without clear and univocal rules of procedure. The importance and immediate interest of this problem are related to the fact that Poland has now just begun the difficult process of adapting its law system to European exigences. Effective complaints lodged in the Strasbourg organs can be neutralized only on the way of applying the law of the Republic of Poland in conformity with the Convention standards, a law which up to the present is not the best possible one.
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    Tryb dochodzenia roszczeń z tytułu kredytów restrukturyzacyjnych w rolnictwie
    (Wydział Prawa i Administracji UAM, 1997) Ziemianin, Bronisław
    The first part of the article is devoted to the history of establishing and successive transformations of the so-called Fund for Restructuring and Clearing of Debts in the Agriculture of Poland, as well as to its successive disponents. The main issue touched upon by the Author is the question: who is the creditor for an agricultural credited by a local bank with financial means of the Fund, and also - whether the bank (in case of non-performance of this duty by the agriculturer) is authorized to draw his own executory document with a writ of execution (against the agriculturer-debtor) on the basis of art. 53 p. 2 of the banking law. The Author presents his considerations upon the above question on a concrete example. He states in conclusion that art. 53 of the banking law should be derogated because it breaks cardinal principle of civil law, according to which the parts of legal civil relationship are equal and all controversies between them are settled by a court. The disposition a the mentioned could be useful in centrally planned economy, steered rigidly by banks, nevertheless it should not be further maintained in market economy.
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    Problemy dyskryminacji kredytowej małego i średniego przedsiębiorstwa prywatnego w gospodarce rynkowej w świetle niemieckiej myśli ekonomicznej
    (Wydział Prawa i Administracji UAM, ) Łuczka, Teresa
    The subject of the article are side-effects of economic policy of difficile and expensive money during enlivened conjuncture (a boom) in the field of credit offer and a reception of respectively resulting problems by German economic thought. The example of German has been selected purposely because German economic thought reveals a mechanism of wrongful identification of structural abundance of capital in the national economy with its conjunctural limitations. A lack of explicite delimitation between structural abundance of capital and its conjunctural insufficiency leads to ignoring serious economic consequences in offering of bank credit for small and middle-sized private enterprises under a boom. The final part of the article is devoted to the analysis of a mechanism aimed at limitation of access of such enterprises to bank credit during enlivened conjuncture as well as of some economic effects of such a limitation - first of all in the area of efficiency of competition mechanism and in what concerns the structure of market.
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    Ekonomiczny wymiar wydatków wojskowych
    (Wydział Prawa i Administracji UAM, ) Tarajkowski, Jerzy; Polański, Lech
    Out of the whole of problems of the interdependences chain between policy and economy on one hand and the defense sector on the other - the following questions are of particularly immediate interest: — modernization of defense sector and its adaptation to requirements of the predominant military group (i.e. NATO), — change of expenses structure (as in its value formulation) from the point of view of their position in the budget. While the first problem is of more technical character and is closely connected with professional military staff and professional technicians, the problems of a feedback between defense sector and the economy need some deeper studies and research efforts within different study groups. Just this is a reason for preliminary attempt to have a good look on the interdependences between defense sector and the State budget.
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    Zadłużenie publiczne we współczesnych gospodarkach rynkowych
    (Wydział Prawa i Administracji UAM, ) Paczoski, Andrzej; Pawłowski, Grzegorz
    The operation of the public sector and its specific character bring about certain consequences for the market orientated economy. The impact of this sector on the real sphere (the allocationredistributive function) and the regulation sphere (the stabilisation function) determines the amount of public expenditure, which is related with the activities of the public sector agencies. In consequence of the state's need for resources designated to cover the needs of this sector the public budget deficit appears on the scene. The public debt policy depends on the model of market economy of a given state and its specific economic and social conditions. These differences can be perceived while analysing empirical data which determine: the amount of public debt, budget deficit and costs of its servicing. The situation of budgetary disequilibrium tends to make the government agencies to look for additional sources of budget revenue. One of principal means used to reduce the negative budget balance is the drawing of public loans (producing the so-called public debt). There is a close relationship between the public debt and the budget deficit, this relationship directly determines the level of government revenue and spending. The highly developed countries start to perceive the need to limit both the public debt and the budget deficit. An example confirming the above question are the stipulations of the Maastricht Treaty concerning the countries of the European Union which intend to develop the common monetary system. According to those stipulations the public debt should not exceed 60% of the GDP and the budget deficit 3% of the GDP. In spite of observable disproportions in the scope of public loans among particular OECD countries, a continuous growth m public debt and costs of its servicing has to be noted. Public debt tends to positively influence the level of general business activity in the short run only. The results of research concerning the relationship between the level of public spending (determined indirectly by the level of public debt) and economic growth tend to suggest that m the whole economy of particular countries long term, negative outcomes resulting from growing public spending become more and more visible. Among the principal dangers, that the public debt may engender either directly or indirectly it is possible to list the following: the crowding out effect, instability of public finance, unemployment, shifting of the burden of repayment of public debt to later periods with all its consequences (the possibility of an increase in tax charges), the danger of drawing loans intended for repayment of liabilities resulting from "former" indebtedness. According to the former considerations, the economic policy should be confined to the reduction of public debt and budget deficit. Basic activities, which could regulate the above problem could be boiled down to the following elements: limitation of the role of the state in economy, reduction of public spending, reduction of public administration, determination of the acceptable limits of government deficit and public indebtedness (which do not bring about negative impact on the economy - the Maastricht Treaty).