Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1986, nr 1

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Spis treści RPEiS 48(1), 1986
(Wydział Prawa i Administracji UAM, 1986)
Wzajemny stosunek i związki pomiędzy prawem międzynarodowym i prawem krajowym
(Wydział Prawa i Administracji UAM, 1986) Skubiszewski, Krzysztof
These relationships concern primarily the binding force and application of international law in the State, including the respect for that law by State organs and individuals. Municipal law can also have a place in the international legal order, and international organs occasionally apply that law. While the latter problem is more restricted in its weight and dimensions, the impact of one law on another and their interactions are considerable. Parliamentary democracy and its workings have brought the domestic implementation of international law to a head, especially in view of the possibility of legislating internally through the medium of treaties. Penetration of the internal legal order by international law meets with various obstacles: gaps in the regulation of the procedural aspect by municipal law; inertia of the domestic organs; supremacy of municipal laws (statutes) for State courts; ignorance of international law; difficulties in identifying the relevant rule of that law. The choice of method to be adopted to implement international law inside a State is left to that State's legal order and practice. There is a variety of procedures. Some consist of the reception by the domestic law of various rules of international law whereby the latter are made part and parcel of the body of municipal Jaw. One such method is transformation of an international legal rule into a municipal one; transformation can be either particular or general. Other procedures result in the direct applicability of the international legal rule in the domestic system: the rule operates as an international on in the internal legal system. In case, of conflict between an international rule and a municipal rule primacy of the former is absolute on the international legal plane. On the other hand, in the domestic sphere various solutions have been adopted, and it is not unfrequent that in practice the municipal law will prevail. This undesirable effect of a certain autonomy of municipal law does not free the State from international responsibility for violation of its international obligations.
Organizacja i funkcjonowanie Trybunału Konstytucyjnego
(Wydział Prawa i Administracji UAM, 1986) Siemieński, Feliks
The subject matter of the article is the regulation of the Constitution of Polish People's Republic, the Constitutional Tribunal Act (CT) of 29 Apr. 1985 and the resolution of the Polish Seym of 31 Jul. 1985 on the specific proceedings before the CT, concerning several problems marked in the title. The author advocates his opinion in the following questions: 1. Relation of the quoted resolution to the CT Act. The author maintains that the regulation of the resolution should be contained in the Act. 2. Membership and the mode of constituting the CT, conditions to be fulfilled by the candidates to become appointed members, possibilities of revokinf the CT judges. 3. Questions of independence of the judges, their subordination and the judicial immunity, the author advocates here that contrary to the explicit Constitutional regulation, the CT judges are subordinated not only to the Constitution but also to parliamentary statutes and resolutions. 4. The range of subjects entitled to apply to the CT to decide on the legality of regulation, and the formal requirements concerning the said applications; the author advocates that citizens are not ellegible to apply directly to the CT but they can influence the activity of the state organs and social organizations. 5. The range of subjects entitled to address legal queries to the CT, the mode of proceedings, deciding and effects of the CT decisions in that scope. 6. Next, trails before the CT, benches, final character of the CT decisions, possibility of trials de novo in cases decided by the CT in the full composition of its bench, character of the general meeting of the CT judges. 7. The final part dwells on the CT decisions, their formal requirements, legal effects of the decisions and the mode of their execution.
Uwagi o przedmiotowym zakresie jurysdykcji Naczelnego Sądu Administracyjnego. Propozycje de lege ferenda
(Wydział Prawa i Administracji UAM, 1986) Nowakowski, Andrzej
Establishing in Poland the judicial review of individual administrative acts byconstituting the Supreme Administrative Court, through amending the Code of Administrative Cour, through amending the Code of Administrative proceedings on 31 Jan. 1980 became a breakthrough in the actions aiming at strengthening the rule of law. The subject matter concerning the extension of the SAC jurisdiction became a part of social agreements concluded at the break of the years 1980/81 by the representatives of state authorities and social groups. According to the legal position as of 15 Apr. 1985 there are 20 types of administrative decisions falling within the scope of the SAC jurisdiction, mentioned specifically in the art. 196 § 2 sub sec. 1-20 c.a.p. and 7 types of the decisions contained in the specific statutes within the meaning of art. 196 § 3 c.a.p. It can be justifiably advocated to replace the affirmative enumeration of art. 196 § 2 c.a.p. by the general clause, the way it was done in other states including the socialist ones. The clause would point at the presumption of the SAC competence. Regulation of a right of citizen to lodge a complaint in the SAC for the illegal decisions of administrative organs should find its place in the Polish constitution along the regulation of the legal status of SAC.
Założenia europejskiego systemu walutowego
(Wydział Prawa i Administracji UAM) Komar, Andrzej
The article is devoted to the European monetary system instituted in Dec. 1978. It became a result of the long lasting search for stabilizing currency relations between member states of the European Community. Therefore, also the said search is discussed in consideration of the Treaty of Rome provisions of 1957. Particular emphasis wa slaid on theses of the Werner report on the economic-monetary union and of the Tindemans report on the European union. Much attention was focused on the so-called „currency serpent" which was mentioned in the both reports as a prerequisite to achieve the monetary stability. The initiative of Valéry Giscard d'Estaing and of Helmut Schmidt to constitute the European monetary system was indicated. The system was established by the decission of the European Council of Dec. 1978. The article discusses functions of the European monetary system and its specific parts. The evolution of clearing unit effected in the ECU (European Currency Unit) is presented. The way of calculating ECU, scope of its application is explained together with postulates to modify it and transform into a European currency. There are three types of crediting member states related to the monetary system as well as the system of currency intervention what can prove the range of monetary cooperation among the central banks of the Communities' member states. In the concluding remarks there are several postulates expressed as to improvements in functioning the European monetary system as well as reservations to the possibility of their realization.
O wzmożeniu ochrony prawnokarnej jednostki w sferze działalności gospodarczej
(Wydział Prawa i Administracji UAM, 1986) Górniok, Oktawia
There is an urgent need of conforming the binding regulation, by means of their interpretation, to the observed tendencies of economic crime. Particularly, the increasing threat posed to consumer by economic crime calls for rediscussing several problems of interpretation of art. 225 of Penal Code, art. 1 of The Speculation Elimination Act, and art. 226 p.c. in the light of their full use in protection of the endangered good. The article indicated the negative effects of interpretation according to which property swindled out of consumers by employees of the unit of socialized economy is considered to be the collective property, what in turn results in sentencing perpetrators for appropriation of collective property and holding them liable, in criminal proceedings for damages equal in value to the said property, payable to the unit of socialized economy. As far as art. 1.1 of The Speculation Elimination Act is concerned, the trait „goods intended for sale in the unit of socialized commerce or in the catering business" has to be interpreted in such a way as to extend protection of penal law on all stages of transfer of goods designed for the average consummer, from the production establishment to the ultimate seller. Finally, considering the role of civil servants in that sphere of activity, it is suggested to modify the second segment of the subsidiarity principle (art. 246 § 4 p.c.) in order to be able to apply the regulation of art. 246 p.c. to those civil servants of socialized economy who are transgressing their competence in managing-effecting damage incurred by individuals.
Prawo wynalazcze a prawo pracy (wybrane zagadnienia)
(Wydział Prawa i Administracji UAM, 1986) Chobot, Andrzej
Deriving profits from the sale of creative thought became presently the most secure way to obtain positive results in states economic policies. The demand for technological innovations is small in spite of instituting rights „rewarding" those establishments which are applying patent designs in the economic reform. Favorable positioning of inventors in the recent Patent Law Act amended, has neither stimulated the inventiveness. A question can be thus posed: since it is claimed that the Patent Law is good why then the effectiveness of inventive activity is highly insufficient. It seems, that this dillemma can be soled, apart of looking into economic conditioning, by examining domains alien to patent Law and implementing regulations, i.e. in the domain of Labor Law, social security, and widely understood policies towards creators. Facing the fact that creativity, including inventiveness requires much more socially and individually indispensable time than any other work, we end up with the „sui generis barrier of leisure time" or more generally „barrier of life burden" in the countries where realization of daily extra labor duties is tiresome and time consuming. The complex regulation of creator's status in Labor Law can be helpfull in its removal. The previous realization of the specific features of creativity projecting on the need of its separate regulation is the prerequisite as well as realization of meeting points of Labor and Patent Laws presented in this article.
Kształtowanie obszarów i treści celów planu narodowego (w nawiązaniu do postanowień ustawy o planowaniu społeczno-gospodarczym)
(Wydział Prawa i Administracji UAM, 1986) Dąbrowski, Zdzisław
The present article attempts at forming the range and contents of the targets of national plan, problems which has never been profoundly analysed and still are a serious shortcoming of our national plans. The recently enacted Socio-Economic Planning Act attempts to form targets of those plans — on the way of legislation, which is the first time in Poland to do so-defining framework of contents of the plan, yet it is done not always correctly and lacks consequence. The article is intended to order and rationalize the structure of targets of national plan, attribute it with more coherence and complex outlook what has a substantial impact on increasing the load of information and performing the stimulating and organizing functions of national plan. Adopting the view point of the general system, including the basic domains of population existence and the development of the national economy, four areas of formulating targets of national plan can be defined, i.e.: l) standard of living of the population, 2) economic growth and manufacturing potential, 3) proportions and economic equilibrium, 4) relations of national economy to the international markets. The following is estimated in each area: the previous and up to date range and way of formulating targets of future activities of the center, it is also proposed to introduce more or less radical changes or their reformulation to foster the cognitive values of the plan. The suggested structure and contents of targets of the national plan are not a ready-to- -apply design, they are posing a problem and attempt to systemize and indicate directions of improving teleological aspects of national plan.
Koncepcja funkcjonowania eksportu kompleksowych przedsięwzięć budowlanych
(Wydział Prawa i Administracji UAM, 1986) Fonfara, Krzysztof
Teh emergence of new products on the international markets the so-called complex construction enterprises — creates specific business conditions for the exporting sellers and buyers and becomes a kind of challenge for the previous concepts of international marketing. The complex construction enterprises are the example of both new technological trends and intentions of exporter to fulfill buyers needs in a complex way, aiming at solving his problems rather than selling goods only. It calls for offering not single products, but sets of products and services forming some unity. The article is designed to re-evaluate concepts of marketing elaborated from the viewpoint of single consummer goods and present the variant concept of functioning of complex construction enterprises. Generalized presentation of those variants can reflect the idea of differentiating relations between the exporter and the buyer of the complex construction enterprises. The problem of differentiation is examined on the level of conception and realization, while the variant analysis is performed in relation to the market specificity, product, and cooperation of exporter and buyer of the complex construction enterprise.
Zastosowanie analizy kosztów i korzyści do oceny inwestycji w krajach rozwijających się
(Wydział Prawa i Administracji UAM, 1986) Janc, Alfred
The subject of the article is the Western elaborated method of investment estimation known as cost-benefit analysis, discussed in the context of investment processes and problems of estimating investment ventures in the developing countries. Development of methodological concepts of cost and benefit analysis is presented as well as relations of investment estimation to planning the socioeconomic development. Particular attention is paid on the methods elaborated within the framework of such international organizations as OECD, UNIDO, IDCAS and the World Bank. The author focuses on two basic elements of the cost-benefit analysis, i.e. searching for a numeraire- a unit of account and settlement valuation of expenditures and results. The author discusses both various methods of arriving at settlement prices for the needs of estimation development investments and the meaning of the so-called national parameters i.e. dual valuations having the same values in analysis of all examined and evaluated undertakings in a given state in a given period. The article indicates at the wide interest paid to the concept of cost-benefit analysis recently in the developing countries. It is emphasised that a large body of literature is devoted to the theory of cost and benefit analysis as well as numerous performed and described practical applications of the formulated methods.
Międzynarodowe rynki kapitałowe i kursy walutowe a handel światowy produktami rolnymi
(Wydział Prawa i Administracji UAM, 1986) Johnson, D.Gale
In the course of the last four decades, a number of changes have taken place in American farming. They have been closely bound with the process of integrating U.S. farming with world economy. The role of this farming in world food trade has been strengthened particularly in the last decade. As a consequence, this sector of the American economy has become dependent on world trade. The interdependencies appearing in world trade make different factors influence the situation in American farming, factors which only a quarter of a century age would have been omitted in any analysis. Among them, one should mention currency courses, the different percent rates of different countries, short- and long- -term international capital transfers and also the policy of stabilization followed by U.S. trade partners. Apart from the influence of macro-economic trade policies, American farming directly experiences the results of the different farming policies realized by those partners. The author of the article precedes his analysis of the factors above mentioned with a discussion of the vital, realistic factors which influenced the rapid growth in the standing of American farming on world markets. These include: the modification of American policy regarding the costs of farming products, income and currency courses, great changes — after World War II — in the structure of the resources used by U.S. farming and of productive factors, and finally, the transformation of American farming into a sector of a high technological standard.
Warianty perspektywicznej strategii cenowej krajów naftowych
(Wydział Prawa i Administracji UAM, 1986) Rynarzewski, Tomasz
Perspectives of the world oil market areclosely related to the possible tendencies of price ruling of that natural resource. To describe it, the author constructs a system considering all the main elements subject to changes in time, which are essentially related to the ruling of oil prices. Pricing strategies of the oil states are adopted as the initial variable. Its variants can be specified on the grounds of the formulated subsystems of independent and dependent variables. The first of subsystems comprises features relatively unchanged over time and common for all the states-producers of oil. The maeroeconomic target of the oil states economies is considered here as well as the long-run target in their export sectors and stimulating functions of price variables. This subsystem is supplemented by the conditions limiting free price-ruling within the framework of certain stimulating functions. The second subsystem considères the effect of three categories of determinants: internal (relations of export incomes to expenditures of the oil states, acquired level of productive forces in those states, conditions for realization of the accelerated economic development, freedom to „manipulate" resources), external ones (relation of demand to oil supply) and correcting (quality of oil, transport distance, extra economic factors, the volume of demand aparat of main oil importers). They constitute proper criteria of variating procedure. Defining the probability of appearance of one of the presented variants in practice and its effect on the level of oil prices requires a permanent observation of changes in the respective analysed factors and taking account of them. And that is the premise adopted by the author of the article.
Rola handlu zagranicznego w gospodarce województwa poznańskiego
(Wydział Prawa i Administracji UAM, 1986) Najlepszy, Eugeniusz
The article attempts at the estimation of foreign trade development in the Poznan district economy. The need to elaborate the local balance of trade turnover in domestic and exchange prices is indicated at, in order to estimate the input of enterprises of that region in the exchange balance of trade of the national economy. Analysis of the development of export production in the years 1981 - 1983: indicates the gradual reconstruction of the export dynamics. Nevertheless the structural underdevelopment of foreign trade in the Poznan district can be observed, it is manifested by the high share of traditional products in export (products of agriculture, forestry etc.). On the grounds of the empirical analysis of profitability of the export production of the Poznan district, the author reaches a conclusion that the financial situation of numerous exporting enterprises is not optimistic. Several branches of economy of the region, as well as industries in a given period, were not able to cover all costs related to export incomes which has contributed to the increase of losses of the expoting enterprises. The author maintains that initiation of the development of specialized industries can be in a long run, a prerequisite to improve the product structure of the foreign trade of the Poznan district.
Badania nad przestrzennym zróżnicowaniem poziomu produkcyjnego rolnictwa na przykładzie województwa leszczyńskiego
(Wydział Prawa i Administracji UAM, 1986) Matulewicz, Klemens
The aim of the article is to illustrate the territorial differentiation of farming production in the Leszczyński voivodship, with the help of synthetic indicators and an analysis of the main concepts. An analysis of the empirical data has shown that despite certain differences in the level of production pointed out by the synthetic indicator, farming in the Leszczyński voivodship is distributed rather equally in terms of territory. Changes in farm production levels in the years 1976 - 1981 were rather evenly spaced out in the different counties. On the basis of an analysis of the main components it has been contended that the most important components differentiating farm production levels in the Leszczyński voivodship were made up of the following features: the selling of pork, harvests, the number of swine bred, the selling of beef — so for 1981. In 1976 the features were as follows: the selling of beef, the number of cattle bred, harvests. In the course of the analysis it has been observed that the results of the studies on the territorial differentiation of farm production levels in the Leszczyński voivodship through the synthetic indicator method and an analysis of the main components are more or less convergent. The method of main components, though, enables a more precise presentation of the differentiation of the phenomenon in different territory.
W stulecie założenia Centrali Bankowej Wielkopolskiego Systemu Spółdzielczości Kredytowej
(Wydział Prawa i Administracji UAM, 1986) Ochociński, Stefan
In the centenary of establishing the Bank of Union of Commercial Partnerships in Poznań the article recalls the organizational and financial concept of one of the largest cooperative central finance boards in the world which was able to maintain its financial policies in a way reconciling contradicting interests of credit cooperatives and a huge joint-stock bank, although it had vast financial relations with the private economy and never used foreign capital. In the years 1885 - 1934 the Bank of Union in Poznań was a multidivisional banking board of the Wielkopolska's cooperative system, existed in a form of joint-stock company with cooperatives and private persons as stock holders. The decisive influence of cooperatives on its functioning was facilitated by the original statutory solutions and a consequent adherrence to cooperative principles. Consequently the member cooperatives were secured with proper bank liquidity and economic profitability in their indirect relation to the monetary market. It has performed entirely banking functions which were not linked to the union functions of patronage, auditing or to the function of central board of trade. The presented features of the Bank decided the favorable development of the Wielkopolska credit cooperatives, yielding some influence on the movement of credit cooperatives in the People's Poland.
Problemy społecznej integracji nowych województw (na przykładzie województwa gorzowskiego)
(Wydział Prawa i Administracji UAM, 1986) Kunicki, Bogdan
The article presents integrational processes observed among the dwellers of. the new voivodships established in 1975. On the grounds of questionnaire surves realized in the Gorzów voivodship the author analyses social attitudes towards reorganization of administration, qouting examples of local conflicts emerged on that background and establishes the main reasons for the integrational difficulties. The barriers are embeded both in the objective scope (errors in the new administrative division of the state, incorrect implementation of thereform, infringing traditional regional bonds, etc.) and in the subjective views and psychological attitudes of people (innovational stress, irrational reservations towards the new center of power, apprehensions against „selfishness of the district capital"). Partially those problems are specific for the Gorzów region, other are typical for all the new voivodships in Poland.
Grupy młodzieży w wielkomiejskim środowisku. Próba typologii
(Wydział Prawa i Administracji UAM, 1986) Sosnowski, Adam; Walkowiak, Jerzy
The article presents a fragment research results of housing estate communities of Szczecin and Poznan. It concerns groups of youth (of the same age and others) in the age 13 - 20-working or studying. The authors dwell on the sociological definitions of social group providing also their own understanding of the notion. It is found that the examined youth belongs most frequently to the contemporary groups (packs and gangs) and to loose social circles. Criteria to divide the population were: 1) level of the social adjustment, 2) level of social, cultural and educational activity. These criteria allowed to distinguish „exemplary" youth, „medium", „difficult" from the social margin and „difficult" in the conflict with law. The research proves that the respective categories are loosely related to school as institution, with the example of „medium" youth. Next, the composition of youth groups and circles was established. It appeared that on account of their institutionalized background, it is mostly the „medium" youth which belongs to them, it is rarely the case of „exemplary" youth and sporadically only of the „difficult" one. Members of extraschool packs are usually the „difficult" ones (both categories), next the „exemplary" ones and rarely the „medium" ones. It has been also established that the binding force varies as well: it is common interests for the „exemplary" and „medium" ones and crime and delinquency for the „difficult" ones, it concerns mostly the youth remaining in conflict with law.
Powołania zakonne w Polsce (analiza socjologiczna)
(Wydział Prawa i Administracji UAM, 1986) Baniak, Józef
Researchers of the „religious life'' prove that vocations for the ministry and religiousness of groups and religious communities are closely interrelated. Vocations for the ministry — monastic and priesthood — are conditioned in their growth and development by the level of religiousness, spirituality and morality of a defined socio-religious community (e.g. family, parish). In turn, a proper number of evoked and realized (or systematically realized) vocations for the ministry is considered to be an "indicator" of the religious vitality of that community. The researchers are also in agreement that the said vocations are evoked only in communities of the faithful. There are only rare cases (0.05% in Poland) when the (monastic vocations appear and grow in the atheist) family or indifferent (group). The system of upbringing and a personal example in the scope of socializing and life in the religious spirit charakteristic for the family of believers is decisive in that aspect. In the light of the researchers opinion, monastic vocations are manifesting a level of religious vitality and piety of a given religious community to much higher degree than diocese priesthood vocations. The present work is devoted to the monastic vocations in Poland in the years 1936 -1983, their numbers, formational differentiation, state specificity and determinants of growth and development. The sociological analysis is supplemented by the statistic data presenting aspects of monastic life. The quoted date can be summed up, that the monastic vocations increased in Poland over time by 30% and the growth tendencies increased in the years 1978 - 83, years of the present John Paul II pontificate.
Przegląd piśmiennictwa RPEiS 48(1), 1986
(Wydział Prawa i Administracji UAM, 1986)

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