Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1986, nr 4
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Item Przegląd piśmiennictwa RPEiS 48(4), 1986(Wydział Prawa i Administracji UAM, 1986)Item Model konsumpcji w polskim piśmiennictwie ekonomicznym(Wydział Prawa i Administracji UAM, 1986) Woś, Jerzy; Piasny, JanuszThe task of the article is a study of a consumption policy, its substance, targets and basic conditioning in the real economic environment. Particularly it is the case of presenting results of certain variants of consumption policy in the period of accelerated and impeded economic growth. Defining the essence of consumption policy in the socialist economy and the attempt at generating models of the consumption policy are the departure point. It is established in the result of the discussion that in the initial acceleration phase the consumption policy adopts a motivational character and results in a formation of a motivational consumption model, on account of limiting the inflow of means to the branch II in the second acceleration phase,, the incentive power of consumption considerably decreases and the consumption model adopts more and more the features on the unbalanced one. In the final acceleratiomal phase and in the initial period of the impeded growth the unbalanced model is finally formed and it can adopt features of reproductioinal model subject to the degree of market disequilibrium. Throughout all the periods we have to deal with market disequilibrium, in the period of motivational model it is shallow and becomes aggravated during the reproductional model period, and may end up with a regulated sale of consumptional goods.Item Spis treści RPEiS 48(4), 1986(Wydział Prawa i Administracji UAM, 1986)Item Źródła uprzywilejowanej pozycji producenta w gospodarce uspołecznionej(Wydział Prawa i Administracji UAM, 1986) Trojanek, JacekIn the present article the author discusses the sources of the priviledged position of enterprises on the socialist mairket. Some economic organizations.' are vested with an unparalelled power the market power-which is capable to reverse the legal principle of equality of parties in civil law relations. In the author's opinion the following factors are decisive in respect of a facticiousenterpirise position on the market: the size of an enterprise, the level of market monopolization as well as a market type. The author indicates at the high degree of concentration of production in the Polish economy, at advocatinig the advantage of quantity production and at the fact of far reaching monopolization of the economy. The monopolistic tendencies are still visible in the presently implemented economic reform in Poland (further organizational concentration, vesting enterprises with particular rights and préférences,, as exclusivity rights, a cartel threat in the activity of enterprise associations etc.). The presently existing state of market disequilibrium (producer-seller market) coin also be a source of partacular priviledges and preferences' of the producers,, it resulted in generating peculiar market rules unpresedented in the activity of other branches of economy. On that market any producer-seller behaves or can behave as a typical monopolist. In the author's opinion, the antimonopolistic policy of the State cannot be limited to fighting or easing the results of damaging monopolistic practices. It should also be aimed removing monopolistic structures and positions which are socially and economically unjustified. Yet, securing the supply-demand equilibrium has a crucial effect for eliminating the producer's dictate.Item Z problematyki nadzoru nad przedsiębiorstwem państwowym(Wydział Prawa i Administracji UAM, 1986) Niedbała, ZdzisławOne of the main tergets of the econoimic reform is creating conditions for State enterprises to conduct land organize their economic activity independently. In order to do that intermediate organs of economic administration had to be eliminated (i.e. units superior to enterprises. In the light of the presently binding statutes of September 25, 1981 the enterprise enjoyes a broad range of rights in respect of decisionmaking. To a very limited degree the role of former superior units was adopted by the founding organs. Yet they can still interfere in enterprises' affaires with the use of legal measures of supervision only in cases provised for in the law. The founding organs though have wide rights to supervise and evaluate enterprises and their managing organs. Nevertheless, upon excersising their supervising competence they have no rights to undertake acts of high authority towards the enterprises. Still, the situation is not altogether clear in face of still existing validity of numerous provisions enacted before the impelememtation of the economic reform. The need to respect independence of enterprises calls eitheir for a change in those provisions or for revoking them. That concerns mostly labor law and administrative procedure regulations. Thus there is a series of propositions which ought to be discussed in course of preparing changes in labor code.Item Pojęcie zdolności kredytowej(Wydział Prawa i Administracji UAM, 1986) Janiak, AndrzejThere was a principle adopted upon reforming banking and credit system in Poland, that a sine qua non condition to open a credit for the borrower is his capacity to raise a credit. Yet, legal acts introducing the economic reform failed to precise the contents of the notion "capacity to raise a credit". In fact, both in literaturę and in practice divergent opinions can be encountered upon discussing that issue. The tank of the present article is to explicate the essence of the notion on the grounds of valid credit laws in Poland. The author shares the opinion that a normative category of capacity to raise a credit has to be derived from banking law regulations. Provisions of that statute prove that the capacity to raise a credit is to be understood as a credited party's solvency in the respect of repayment of a drawn credit. Opposing the attempts of different concepts of capacity to raise a credit to extend the notion's range, the author indicates at the same time that the capacity to raise a credit as the solvency in the respect of a drawn credit is the basic but not the sole- as it is sometimes advocated- riterion of opening credits by banks. In the Polish economy the interest rates are not shaped along the suppily- -demand formula and do not express the generation of effectivness in economy. Maintaining limits to crediting action requires thus a peculiar banking control of credits. The very criterion of capacity to raise a credit cannot be sufficient to select credit applicants. The additional criteria would be necessary. They are currently established by the Diet in its annual foundations of monetary-creditItem Interwencyjna funkcja opłat w polskim systemie budżetowym(Wydział Prawa i Administracji UAM, 1986) Gliniecka, JolantaExecuting its policy in the domain of finances the State can employ dues of various kinds. A substantial number of the dues calls for their classification. The said classification can be performed with the use of different criteria. Yet, the most common one is the subjective vs. objective criterion. The first systemizes dues in the respect of active and passive subjects of the dues., while the second, in the respect of multiobjective activity of public organs. The said classification is mot the closed one, as in any of the mentioned groups of dues the further divergency is observed: A variety and number of dues call for the selection of those, for the need of the study, which are mostly employed by the State in order to affect the behavior of subjects burdened with them. Excercising the State's influence by means of dues can be of a various range and character. They can react in a positive, stimulating way, on: negatively, halting certain situations or acts of the subjects concerned. They can have their impact by way of prevention, i.e. influencing the future acts, or by way of repression. The State can control the activity or behavior of the concerned subjects employing a proper structure of does. The State's reaction consists in. stalling an object of dues,, reductions, exemptions and first and foremest the rates. Operating with the rates can substantially affect the range and effectiveness of realizing the interventional function. There are dues in the Polish budgetary system which are the example of a correct differentiation of their rates from the viewpoint of the dues' interventional function, but there are also ones which reveal an insufficient differentiation of the rates in order to realize that function properly. Being aware of the fact that the fiscal function is the main one in the area of dues, one has to recognize that employment of dues in the Polish budgetary system is also justified by non fiscal goals.Item Prawna regulacja czasu pracy artystów(Wydział Prawa i Administracji UAM, 1986) Chobot, AndrzejProblems of artists employment relations have not been as yet touched upon in the Polish legal literature although that they can become a point of interest for many reasons. Forms of administering artists' working time are original. The said time is only the basis to assess the tasks in units called "arrangements"., "shows" or "rehearsals" etc. For the reason of a group work character, especially of' rehearsals and shows their timing over certain periods is decided by the superiors like the artistic manager or the director of the artistic institution. The scope of executed tasks is flexible in relation to seasonal filuctations of the work demand in the artistic institution, In face of the lack of artists competence to influence that timing one could speak here of a balanced size of tasks, analogically to a balanced working time regulated in the code provisions. The artistic institution becomes competent in thegulating the size of leisure time of its employees. The director's competence to decrease norms of work for particular artists can can create a problem of artist's right to work understood as a right to being faeticiously employed. A variety of original forms is also encountered in the regulation of extra work of artists. These are mostly the so called ad-hoe substitutions different to common substitutions. The originality can be viewed in additional paying for over average intensity of work what is unusual on the grounds of our regulation. Particual attention can also be paid to regulating individual non standarized work including artist's performances apart of his artistic institution in the place and time selected by the artist himself. These forms of employment require a further study. The flexible forms of managing artists working time can provide many indications for the further shaping of the new process of making the working time more flexible also in other spheres of employment in our country.Item Nowe rozwiązania prawne w zakresie opodatkowania nieruchomości(Wydział Prawa i Administracji UAM, 1986) Koperkiewicz-Mordel, KatarzynaThe increase of the effect of the taxation system as a regulator of economic processes became one of the basic premises of the implemented economic reform. That fact resulted in a necessity to introduce far reaching changes in the regulation of taxation. Three tax statues related to real, estate were enacted In the years 1982 - 1985. These acts realize the targets of the reformed tax system in a different degree. The structure of agriculture land tax seems to be the most correct. Rational principles of valorization of taxed estates along with the extended scheme of economic rebates create a number of legal instruments affecting taxpayers. That shape of legal regulation generates real stimuli for the development and intensification of agricultural production. Many reservations on the other hand, are raised by the principles of taxation in non-agricultural real estates. It mostly concernes a real estate tax for the units of socialized economy. The static system of tax burden here is not capable to generate instruments motivating needed behavior of taxpayers. That tax does not also have any consideracle fiscal weight. The construction of a real estate tax for the non-socialized sector and population does not fully comply with the reform too. A complicated method of tax valorization of real estates and non flexible system of rebates and exemptions do not allow that tax to generate any practical instruments of non-fiscal influence. A study of the discussed provisions allow for formulating some de lege ferenda conclusions. These concern mostly a necessity of changes in non-agricultural real property tax. Proposed change's are related to principles of tax valorization of real estates and a structure of rebates and exemptions in respective taxes. Making account for economic elements, to a larger extent than previously, should generate better methods and forms of affecting taxpayers and by the same token- realize the tasks of the tax system. Heal estate taxes are the source of local income. Yet, the people's councils have no competence to form their construction, or the competence is nomimal. It is not compatible with the local administration model formed by the act of people's council system and territorial self-igoverment. Thus the increase of councils role in forming the construction and principles of local tax assesment. It might favorably influence their financial independence.Item Światowe tendencje w zakresie pomocy dla ofiar przestępstw(Wydział Prawa i Administracji UAM, 1986) Gronowska, BożenaVictimology in effect of its few dozens years of history reveals not only theoretical but also practical achievments. The present article is devoted to a study of world tendencies observed - in that second domain, i.e. in the sphere of offering materiali aid for crime victims both by a State and society. On the grounds of accesible world literature the authoress makes an attempt at classifying the present effects of practical directions in victimology (mainly in the USA, Canada., Australia and some Western European states). Presently one can speak of three basic aid programs for crime victims, i.e.: 1) the compensation program, 2) victim-witness assistance program, 2) victim restoration program. Apart from necessary data on detailed tasks- of the programs the authoress quotes also some additional information on the newest problems of the state compensation for crime victims, practical effect of the victim-witness assistance and the use of restitution and other actions directed at the ,re-adaptation of crime victims. At the conclusion, the world trends in that scope are presented, those which manifested themselves at the fore of the VIIth United Nations Congress on preventing crime and proceeding with the victims of crime. (Milan, 1985).Item Przestępstwo bójki i pobicia w świetle statystyki sądowej w Wielkopolsce w latach 1976 -1984(Wydział Prawa i Administracji UAM, 1986) Gosieniecki, PiotrThe study of the size and extent of delinquency belongs to the group of basic criminological problems. The article attempts to present the dimensions of sentencing for the participation in a fight and a battery (art. 158., 159 of the Penal Code) in 5 provinces of Wielkopolska. It contains a detailed discussion on the share of sentences for the above offences among general number of sentences for offences against life and health. The analysis of the extent and dynamics of that phenomenon together with the comparison of the intensity of sentencing have been performed. The trends in delinquency (art. 158, 159 of the Penal Code) in urban and rural areas and othe comparison of the degree of the intensity of delinquency according to the place of committing an offence (town-village) have been presented. The article contains also the analysis of 3 basic characteristics of offenders, i.e. their sex, age and previous records. The method of exposing the data and their analysis aim at determining the similarities and differences with respect to the discussed phenomenon in 5 provinces of Wielkopolska.Item Sterowanie konsumpcją w okresach przyspieszania i zwalniania wzrostu gospodarczego(Wydział Prawa i Administracji UAM, 1986) Woś, JerzyThe task of the article is a study of a consumption policy, its substance, targets and basic conditioning in the real economic environment. Particularly it is the case of presenting results of certain variants of consumption policy in the period of accelerated and impeded economic growth. Defining the essence of consumption policy in the socialist economy and the attempt at generating models of the consumption policy are the departure point. It is established in the result of the discussion that in the initial acceleration phase the consumption policy adopts a motivational character and results in a formation of a motivational consumption model, on account of limiting the inflow of means to the branch II in the second acceleration phase,, the incentive power of consumption considerably decreases and the consumption model adopts more and more the features on the unbalanced one. In the final acceleratiomal phase and in the initial period of the impeded growth the unbalanced model is finally formed and it can adopt features of reproductioinal model subject to the degree of market disequilibrium. Throughout all the periods we have to deal with market disequilibrium, in the period of motivational model it is shallow and becomes aggravated during the reproductional model period, and may end up with a regulated sale of consumptional goods.Item Rynek dóbr konsumpcyjnych trwałego użytku jako element koniunktury ogólnogospodarczej(Wydział Prawa i Administracji UAM, 1986) Dubisz, JacekProblems of buisiness cycles in the developes capitalist states focus interests of economists both for theoretical and practical considerations. Within the framework of the extensive study of cyclical fluctuations, the present article attempts at explicating the specificity of economic cycles on the durable consumptional goods market The said specificity is resulted by a character of these goods, mostly by their particular sensitivity to the market. Finding a degree of that sensivity allows to define a role of that market in the general economic fluctuations. Establishing a mechanism of particular features generation within the fluctuation time on a given market and learning about interactions between that market and macroeconomic cycles may become grounds for construction of business cycle barometers. On the basis of their indications the short run and medium term prognoses can be prepared.Item Zmiany strukturalne w procesie integracji gospodarczej w ramach EWG i RWPG(Wydział Prawa i Administracji UAM, 1986) Najlepszy, Eugeniusz; Stawarska, RenataThe task of the article is a comparative study of structural transformations undergooing in the effect of integrational changes within a framework of the EEC and the CMEA. The following problems are the subject of a detailed analysis: l) the influence of the industrial policy on shaping the complementarity of economic structures in both integrational groups; 2) forms and development trends in international specialization of production within a framework of the EEC and the CMEA. The results of the comparative research indicate at the number of differences in the course of structural transformations. They result, among others, from the effect of different institutional factors. Yet, many similarities both in a character and tendencies of transformation of economic structures in both integrational groups can be ascertained.Item Uwagi na temat koncepcji długich cykli koniunkturalnych N. D. Kondratiewa(Wydział Prawa i Administracji UAM, 1986) Barczyk, Ryszard; Kowalczyk, ZygmuntOne of the concepts interpreting long run economic processes encountered in the capitalist states is the already classical theory of N. D. Kondratiev concerning the ,so called long surges. The adherrents to that theory explain the present economic difficulties of a crisis type with the fact that a majority of capitalist economies found themselves in a downward phase of the long N. D. Kondraciev cycle. The task of the article is examining the applicability of the long surges of N. D. Kondratiev in relation with the present economic situation of the highly developed capitalist economies. The theoretical discussion in the article as well as the empirical analysis allow to find that the roots of present economic recession in the capitalist states differ from those described by N. D. Kondratiev. Therefore there are no grounds to advocate the appearance of the so interpreted downward tendency of the long business cycle. The present economic decline of the capitalist states is effected by a crisis of socio-economic structures which is visibly manifested in difficulties to accumulate constant capital and in a decrease of productivity of that capital.Item Wielowymiarowa analiza porównawcza stopnia dynamicznego zharmonizowania rozwoju społecznego i gospodarczego krajów(Wydział Prawa i Administracji UAM, 1986) Wydymus, StanisławThe purpose of the article is to present several analitical proposals concerning the study of the degree of dynamic harmonization of social and economic development in particular countries and in homogenous groups of such countries. The basis for such an analysis is the assumption in countries with balanced structure of social and economic development the rate of the development of economic potential is similar to the rate of the development of consumption "sensu largo". The research proposals submitted in the article employ several algorithms belonging to the multidimensional comparative analysis. They have been applied in the empirical part of the work, concerning study of the degree of harmonization of social and economic development in several tens of countries divided — by taxometric methods — into 3 groups with different levels of development in each of them. The results of the research allowed, among others., to reach the conclusion about the ex listen ce of the connection between the degree of the said harmonization and the level of social and economic development. Moreover, the above conclusion is of the character of general regularity of development of the entire system of world economy.Item Społeczeństwo polskie wobec problemów reformy i gospodarki(Wydział Prawa i Administracji UAM, 1986) Morawski, Witold; Kozek, WiesławaThe article presents the results of the April 1985 survey conducted by the Department of Sociology of Labor and Organization of the Institute of Sociology of the Warsaw University and by the Center of Public Opinion Surveys by the Polish Radio and Television on the relation of the Polish society to the economic reform. The research considered questions of a social reaction to the methods of reforming system of management: a mature of that reaction and its group and environmental differentiation. It can be generally stated that the public opinion which views the state of our economy as poor has doubts whether the implemented economic reform can be the means to draw the country out of the crisis. It is stated that the reform fails mostly in the domain of prices, quality of goods and material situation of the workers. Majority of the surveyed can visualise threats to the reform not in the objective economic difficulties but in decission errors on various levels. A part of society seems to be confused. They consider factons which can be the reason of a slow pace of the reform to be its result, mousing lacks of the reform they fail to quote their reasons. lt is important that the workers can see the profits derived from the reform for their enterprises and they express the opinion that it is needed there. That conviction can be observed strongly among those Who declare their contacts with the reform in their everyday work. It can be concluded that the Polish society visualises the reform not as the isolated socio-economic process, but as the integral part of overall far reaching changes both in the State and in the economy which should be implemented in the near future.Item Funkcjonowanie struktur organizacyjnych ruchu racjonalizatorskiego i wynalazczego w przedsiębiorstwach rolnych(Wydział Prawa i Administracji UAM, 1986) Marszałek, CzesławaThe subject matter of the study is functioning of organizational structures (inventiveness services and commissions) of rationalization and inventiveness movement in agricultural etnterprises of the Poznan voivodship. The task of the study is to answer the queries: 1) Are the persons involved in inventiveness serives able (and the what extent) to affect the dynamics of development of rationalization and inventiveness movement What effect des it have on technical innovations suggested by employees? 2) Is the staff pairticipation in the agricultural enterprise influencing (and to what extent) the range of social recognition of employees inventiveness in their enterprise? To answer the first query, organizational structures in the examined agricultural enterprises were analysed and persons active there were characterized. The research proves that there are two levels, to be differentiated in the organizational structures of the inventiveness and rationalization movement. The superior one is visible in the inventiveness services and commissions (state machinery centers, state farms), the lower, in separate posts concerned with inventiveness and, to a small extent, inventiveness commissions (county cooperatives „Samopomoc Chłopska" and cooperatives of agriculturals associations. The organizational level is the index of dynamics of employee's inventiveness in the respect of number of author and of their suggestions:. Characteristics of persons involved prove that a development of the movement depends on their knowledge of patent laws, understanding of their enterprise's specifics., and on their technical knowledge. The analysas of the staff's interest; in worker's inventiveness became grounds to answer the second query- It lis proved by the survey that a function of a chairman of enterprises inventiveness commision is usually taken up by the deputy technological director and his activity in those commissions effects the development in an agricultural enterprise. Yet, the rank of inventions suggested by the employees increases considerably when a director or his deputy are the co-authors of the project of invention. In other words, a social recognition for rationalizers increases in relation to the staff's personal interest in the rationalization and inventiveness movement.Item Typologia rodzin wielkoarmejskich środowisk według kryteriów wydolności wychowawczej i stymulacji kulturalnej(Wydział Prawa i Administracji UAM, 1986) Sosnowski, Adam; Walkowiak, JerzyThe article is presenting a fraction of survey results obtained during the iresearch of housing estate circles of Szczecin and Poznań. It concerns family circles of housing estate neighbourhood youth in the age of 13 - 20, studying and not working. The authors start with the sociological understanding of a family and its basic functions. In further part of the study they (present and discuss categories of youth differentiated by them. Criteria of differentiation were the following: 1) level of social adaptation, 2) level of social, cultural and educational activeness. The "exemplary" youth is the first of the mentioned categories. Its functioning in the family is characterized by the incentive to cooperate with the remaining members of that genetical group and appearing conflicts have a creative and developing character. That part of youth consists of almost one fifth of the whole population. The next category described as "average" youth differs from the rest by means of the emotional ties with their families of origin and by drawing from it patterns for the created models and visions of their family of procreation, especially in social and educational spheres. That part of the examined equals one half of the neighbourhood youth. The final category, subdivided into the "difficult" youth from the social marigin and the youth in conflict with law is characterized by loose ties with a family and little relations with a wider social environment. Representatives of that category consist over the third part of the whole category of youth.Item Możliwości badań porównawczych nad ruchliwością społeczną(Wydział Prawa i Administracji UAM, 1986) Żyromski, MarekThe task of the article is a presentation of possibilities, of comparative research of social mobility. Categories of social mobility were introduced for the analysis of modern industrial societies. But the discussed phenomenon was also observed in the pre-industrial societies. Presentation of the basic categories of social mobility is the departure point for the discussion in the article. Presentation basic lilterature of the subject dated back to the pre-war Pitrim Sorokin works ought to indicate shortcomings of various handling of social mobility. The researchers too often identify it merely with the social advancement discussed only in categories of profession, omitting the group aspect of the phenomenon, not referring their analyses to the theory of society as a whole. The article discusses a number of indices of social mobility. Various examples of social mobility observed in the old societies are also quoted. It can prove the weight of that research, rarely taken up in sociology, concentrating itself on modern times. A sociological reflection on older societies has to consider a different conditioning. A problem can be posed by representativeness of samples, the information retained concerns mostly the upper classes. Not all the categories of social mobility can be accounted for the analysis of the pre-industrial societies. Nevertheless, the basic questions are still applicable: relating mobility to the theory of social structure, considering a number of straficational variables, mobility channels, differentiation between inter and intragenerational mobility. The research on mobility in older societies allows to learn their structure and dynamics and to introduce new solutions to the sociological theory of stratification and social mobility.