Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1997, nr 2
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Item Zasada rzetelności w postępowaniu w rozstrzygnięciach organów strasburskich(Wydział Prawa i Administracji UAM, 1997) Redelbach, AndrzejThe 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.Item Tryb dochodzenia roszczeń z tytułu kredytów restrukturyzacyjnych w rolnictwie(Wydział Prawa i Administracji UAM, 1997) Ziemianin, BronisławThe 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.Item Problemy dyskryminacji kredytowej małego i średniego przedsiębiorstwa prywatnego w gospodarce rynkowej w świetle niemieckiej myśli ekonomicznej(Wydział Prawa i Administracji UAM) Łuczka, TeresaThe 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.Item Ekonomiczny wymiar wydatków wojskowych(Wydział Prawa i Administracji UAM) Tarajkowski, Jerzy; Polański, LechOut 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.Item Zadłużenie publiczne we współczesnych gospodarkach rynkowych(Wydział Prawa i Administracji UAM) Paczoski, Andrzej; Pawłowski, GrzegorzThe 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).Item Koniunktura w polskim przemyśle przetwórczym z perspektywy wahań gospodarek wysoko rozwiniętych(Wydział Prawa i Administracji UAM) Gaweł, AleksandraThe article deals with problems connected with researches on conjuncture in Poland and presents corresponding results of research on characteristic features of conjunctural fluctuations within Polish manufacturing industry Firstly, some general issues concerning the research on conjuncture have been presented. And so - the origins of conjuncture analysis on the world and its contemporary trends are discussed. Then the respective methods used nowadays in highly developed economies have been presented. Special attention was drawn to a method of conjunctural test because the indices constructed thanks to it served as a basis for the research work. Successively - conjunctural fluctuations presently confronted have been characterized and next compared with classical fluctuations which took place before World War II. Next part of the article introduces in problems of conjunctural analyses in Poland. In relation with increased demand for results of conjunctural fluctuations measurement within the Polish economy - an examination of their character was made by means of qualitative indices of conjunctural test for manufacturing industry. Because of the fact that only one sector of national economy was subject to such an examination - the impact of fluctuations within this industry on the whole of economic conjuncture in the country was presented. Then the empiric part of the research work was described.The research methods used were discussed and the results obtained this way were presented. Thanks to such a procedure a preliminary evaluation of the state of conjuncture in Polish manufacturing industry was made and, finally, a comparison with fluctuations taking place in contemporary highly developed economies was presented.Item Regulatory decyzji wyborczych. Przyczynek do teorii zachowań wyborczych(Wydział Prawa i Administracji UAM) Drozdowski, RafałThe article is a theoretical background for presentation of the results of research programme named "Matters of Poles - Autumn '95" which was aimed at establishing the most important regulators of electoral decisions. The Author attempts to systematize numerous theoretical concepts relating to the question of preferences and electoral behaviour. One can perceive the problem of dimensions of political decisions (i.e. - electoral decisions) in two ways: firstly - we can assume that the key criterion that permits us to make a distinction between particular dimensions is the criterion of more general character of electoral questions. The second criterion is related to the merits and it permits to isolate three fundamental spheres of political interests and political dilemmas which make the point of electoral debate and the poll itself, so all the questions concerning functioning of political, economic and socio-cultural system.Item Uwarunkowania decyzji wyborczych na przykładzie wyborów prezydenckich w 1995 roku(Wydział Prawa i Administracji UAM) Drozdowski, Rafał; Pawłowska, BarbaraThe article is founded on empirical results of the research programme named "Matters of Poles - Autumn '95" (realized in 1995 - 1996). The research was referred to a very large poll comprising 814 respondents throughout Poland. The specificity of situation in Poland consists nowadays in the fact that although the awareness of the society is being dominated by economic interests (as most important regulators of everyday adaptive strategies) - the sphere of political behaviour and of electoral preferences is subject to rules of other kind. Political choices are determined by values which are confessed, then by auto-identification on the "left-right" scale, but most of all by past political biography of the electorate itself.Item Dziecko wykorzystywane seksualnie w obrębie rodziny(Wydział Prawa i Administracji UAM) Krawulska-Ptaszyńska, Anna; Rosiński, DariuszChild sexual abuse is usually connected with any form of sexual behaviour between an adult and a child who are members of the same family (the incest). The social concern of this serious problem is growing all the time. But while older research reported very low figures for child sexual abuse, more rocent studies have revealed a much higher incidence (even up to 20% of the population). Symptoms characteristic for child sexual abuse were divided into three groups: pphysical, emotional and behavioral. Recently, psychologists dealing with the problem found also some patterns of family relations which are common in incestogenic families.Item Przegląd piśmiennictwa RPEiS 59(2), 1997(Wydział Prawa i Administracji UAM)Item Spis treści RPEiS 59(2), 1997(Wydział Prawa i Administracji UAM)Item Morfologiczne funkcje pojęć prawnych(Wydział Prawa i Administracji UAM) Smolak, MarekThis article indicates that juridical notions assume specificai functions called by the author morphological ones. If we admit that the task of application of juridical notions is a structuring of a legal system, so we can distinguish three fundamental morphological functions of juridical notions: — systematizing function which is understood here as putting some more order (systematizing) to legal norms for to obtain a hierarchy of legal norms of a given system; — binding function - emerging when considering legal institutions as being one coherent unit of a given branch of law; — modelling function - when juridical notions do shape some specified, definite way of thinking (i.e. specified type of rationality). In conclusion of the article the Author points to close relation between onthology of the law and morphological functions which are assumed by juridical notions.