Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2008, nr 1

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    Spis treści
    (Wydział Prawa i Administracji UAM, 2008)
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    SPRAWOZDANIA I INFORMACJE. PROFESOR ZBIGNIEW RADWAŃSKI DOKTOREM HONORIS CAUSA UNIWERSYTETU SZCZECIŃSKIEGO
    (Wydział Prawa i Administracji UAM, 2008) Czepiła, Stanisław; Kuniewicz, Zbigniew
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Małecka-Ziembińska, Edyta
    Andrzej Wernik, Finanse publiczne. Cele, struktury, uwarunkowania, Polskie Wydawnictwo Ekonomiczne, Warszawa 2007, ss. 228.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Przybylska-Kapuścińska, Wiesława
    Stanisław Flejterski, Metodologia finansów, Wydawnictwo Naukowe PWN, Warszawa 2007, ss. 267.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2008) Gomułowicz, Andrzej
    Cezary Kosikowski, Podatki. Problem władzy publicznej i podatników, LexisNexis, Warszawa 2007, ss. 251.
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    RÓWNOWAGA MIĘDZY PRACĄ A ŻYCIEM OSOBISTYM
    (Wydział Prawa i Administracji UAM, 2008) Chirkowska-Smolak, Teresa
    The paper focuses on psychological and social consequences of changes in the working conditions, and in the organisation of work time in particular, that are taking place in contemporary enterprises today, and the problem arising from the need to reconcile work and other roles, such as family, in the new circumstances. It also presents results on empirical research carried out into that matter.
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    WYMIARY ZAUFANIA I PROBLEM ZAUFANIA NEGATYWNEGO W POLSCE
    (Wydział Prawa i Administracji UAM, 2008) Nowakowski, Krzysztof
    Trust as an element of social capital can be analysed at many levels. However, what is characteristic or significant for the development of Poland is lack of a generalised and institutionalised trust. This creates negative social capital and trust of a particularised and personal character that constitutes a barrier demarking a certain system inertia. Consequently, a generalised and interpersonal distrust syndrome is created in horizontal and vertical dimensions, followed by social network, corruption and clientelism, and all those determine the possibilities and stability of democracy and economic development. In a wider perspective, what is vital for Poland’s further development is creation o f a culture of trust. This will be possible by the substitution o f the dominance of traditional social groups with modern ones, both market and public institutions of the rational, bureaucratic world.
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    POLACY WOBEC IV RZECZPOSPOLITEJ. REFLEKSJA SOCJOLOGICZNA PO WYBORACH PARLAMENTARNYCH 21 PAŹDZIERNIKA 2007 R.
    (Wydział Prawa i Administracji UAM, 2008) Drozdowski, Rafał
    The author looks at the result o f the recent parliamentary election in Poland to find indications o f some more general and deeper transformations that the Polish society has been lately undergoing. The paper also formulates the most likely forecasts of the direction of a further evolution of the political system in Poland and the future political situation of the winners and the losers in that latest election. The results of the election show that the pro-modernisation and pro-European attitudes are strengthening. They also confirm that Poles have rejected the model of an “educating state” or an “over-regulatory” state that aspired to administrate the reality. Further, those results seem to indicate that Poles today opt for evolutionary rather than revolutionary projects to improve the post-transformation order. What continues to be present is the crack that still divides Poland into the more liberal north-west (voting for the Civic Platform) and the more conservative south-east (consequently voting for Law and Justice). The results of the election have also revealed that the Polish society demonstrates a growing need for building social trust. Polish political scene seems to be heading towards a 3 +1 model, in which PiS (Law and Justice) will be a strong conservative right-wing party, PO (Civic Platform) a strong centrist party and LiD (Liberals and Democrats) or its successor, a strong left-wing party. PSL (Polish Peasants’ Party shall remain a party in permanent coalition with the governing ones.
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    ROLA PRZEDSIĘBIORCY W PROCESIE KREATYWNEJ DESTRUKCJI
    (Wydział Prawa i Administracji UAM, 2008) Kozłowska, Anna
    Schumpeters concept of creative destruction explains the phenomenon of economic development through an objective and automatically unfolding sequence of events connected with the appearance of new entrepreneurs - innovators, and their influence on the existing enterprises. Innovations take place when traditional production factors find their application in new, modern methods of production, and their consequence is the change o f the existing industrial structure. They are treated as the driving force of the sequence of significant events in which the entrepreneur reforms and revolutionises production patterns through utilising new ideas or new technical possibilities of production of new goods, or producing old” goods using new methods, through opening new sources of resources or new markets for products or through organisational changes in industry. According to J. A. Schumpeter, the entrepreneurs activity, involving the implementation of innovations, is the main source of repeating waves of prosperity, which revolutionise the organism of the economy and recessions, triggered off by the influence of new products and methods disrupting current equilibrium. The aim of the study is a review of J. A. Schumpeters views on the role played by the entrepreneur in the process of economic development, and their gradual evolution caused by institutional changes taking place in the system of a capitalist economy.
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    WEWNĄTRZBRANŻOWE EFEKTY SPILLOVER BEZPOŚREDNICH INWESTYCJI ZAGRANICZNYCH
    (Wydział Prawa i Administracji UAM, 2008) Szczepkowska-Flis, Agnieszka
    The term “spillover effects” (productivity spillovers) is used in economic literature concerning foreign direct investment (FDI) to define the additional benefits from FDI that raise the general productivity level in the host country. Main, or direct, beneficiaries of these benefits are local enterprises, and foreign entities are not directly compensated for them. The sources of these benefits are mechanisms connected with competition and diffusion of foreign knowledge, occurring within branches (intra-sectoral spillovers) or between them (inter-sectoral spillovers). Despite numerous empirical studies into productivity spillovers, a univocal evaluation of the indirect influence of FDI on the effectiveness of factors of production in the host country remains an open question. Only research results imply that spillover benefits are not an automatic consequence of the presence of foreign subsidiaries on a given market and their magnitude and scope depend on the conditions offered by the host country. Many authors also emphasise that apart from benefits, there may also appear negative effects of FDI, due to the market stealing effect which can reduce spillover benefits, thus affecting the net effect. The purpose of this paper is presentation of the theoretical hypotheses and the results of the most interesting empirical studies and analysis of intra-sectoral spillovers in the context of characteristics of the host country.
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    AKTYWNA POLITYKA ZATRUDNIENIA W AGLOMERACJI POZNAŃSKIEJ W LATACH 2002-2006
    (Wydział Prawa i Administracji UAM, 2008) Talaga, Robert
    One of the crucial aspects of European regional policy is effective implementation of a labour market policy which constitutes a smooth employment increase. In order to develop effective methods of fighting unemployment, a whole spectrum of regulations setting out the objectives and relevant strategies and tools to achieve that goal have been presented. Each country develops its own measures and then uses them in practice, and it also creates regulations allowing them to operate effectively at both, national and regional, levels. The paper analyses the main objectives of the regional policy and tools that are used to achieve them, as well as key issues related to the labour market policy. The importance attached to the employment increase is confirmed by the vast range of aims and actions available to for successful implementation of an effective labour market policy. The regulations pinpoint the need of increasing employment through the human resources development, entrepreneurship support, education promotion and development o f employment institutions and labour market tools. The paper reports briefly on the active employment policy conducted in the poviat (county) of Poznań and city of Poznań, the so-called Poznań agglomeration and shows how the problem of unemployment in that region was combatted and solved in the years 2002-2006. The level of structural funds involved in the solving of that problem is then analysed. The study presented in the paper was intended to collect information and data to use them in comparative studies of regions of similar structures in Poland, in an attempt to collect more information on the actual Polands contribution in the implementation o f the European, national and regional labour market policy.
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    O POJMOWANIU DOBROWOLNOŚCI JAKO WARUNKU CZYNNEGO ŻALU
    (Wydział Prawa i Administracji UAM, 2008) Jóźwicki, Władysław
    The article examines the criterion of voluntariness of the institution of “czynny żal” (active regret) in Polish criminal law. In the article the author critically examines the ideas and arguments presented by the representatives o f the “psychological approach” to the issue, who diminish the range of behaviors which could be described as voluntary. Therefore, he subscribes to the “normative approach” to voluntariness. In this text the author limits himself to pointing out why he considers the ’psychological approach argumentations to be internally erroneous and thus impossible to accept, staying aside from popular and widely used argumentation o f the “normative approach” representatives, focused on political-criminal rationale behind the institution of “czynny żal” as the whole and thus also behind voluntariness.
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    SKUTKI WADLIWOŚCI CZYNNOŚCI CYWILNOPRAWNEJ W ŚWIETLE USTAWY O PODATKU OD CZYNNOŚCI CYWILNOPRAWNYCH
    (Wydział Prawa i Administracji UAM, 2008) Radzikowski, Krzysztof
    The paper distinguishes four types of sanctions for defective acts in civil law that have been traditionally described in the civil law literature: (1) (absolute) invalidity of the act, (2) relative invalidity o f the act (challengeability), (3) suspended ineffectiveness of the act in law, and (4) relative ineffectiveness of the act in law. Tax on civil law transactions is not payable in the case of acts in law which have been found absolutely invalid. The collected tax may be recovered on condition that the legal consequences of the statement of will have been waived (relative ineffectiveness). The tax obligation for acts performed under civil law regulations arises only when such an act has been confirmed by a third party. In the absence of a confirmation, the tax obligation will not arise. However, at the time when an act is being performed and it has been found relatively ineffective, the tax obligation holds as provided in general terms and conditions, although it is not bound to be recovered when the effectiveness of the act has been challenged.
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    O NORMATYWNOŚCI PRZEPISÓW REGULUJĄCYCH PROCES STANOWIENIA PRAWA
    (Wydział Prawa i Administracji UAM, 2008) Grabowski, Paweł
    In his paper the author argues that Zygmunt Ziembiáski’s concept of a sanctioned norm and the sanctioning norm requires a certain completion. He also notices that the relation between these two norms (that the sanctioning norm shall be applied when the sanctioned norm has been violated) involves of a number of other norms that the author calls intervening norms. Those norms may create a chain in which individual norms may be related with each other in many different ways. The obligation indicated in a sanctioning norm arises only upon completion/realisation of relevant intervening norms. On the background of such differentiation between a situation in which a “norm has not been completed/realised” and a situation in which a “norm has been violated”, the author claims that in determining when a norm “has been violated” the mental state o f the person exercising such conduct should be taken into account. Applying that thought to the proposed chain o f intervening norms, the author than argues that the first norm is applied not when a given sanctioned norm is violated, but in a situation when there is a conviction that such a violation has already taken place.
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    KRYTYKA STANOWISKA DOKTRYNY NIEMIECKIEJ W SPRAWIE POWOJENNYCH WYWŁASZCZEŃ MAJĄTKÓW PRYWATNYCH NA ZIEMIACH ODZYSKANYCH
    (Wydział Prawa i Administracji UAM, 2008) SOBAŃSKI, PIOTR
    The paper focuses on the issue of transfer without compensation of ownership of private property owned by Germans living in Western Territories incorporated into Poland after WWII. The author is of an opinion that claims to that property in Germany today cannot be raised or supported. Polish ownership is effectively protected by international public law as the legal title to those transfers originated in war reparations. Chancellor G. Schroder’s statement from 2004 should be interpreted as a final waiver of claims and refusal of support of private claims. For the purpose of international law, that statement constituted a legal act. Polish property is protected by the provisions of the Convention from 1952 on the Settlement of Matters Arising out of the War and the Occupation. Those provisions were maintained in force by the so-called 2 + 4 Treaty and pursuant to them the Federal Republic of Germany shall raise no objections against reparation measures, and no claim or actions shall be admissible.
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    POWIERNICTWO PRUSKIE - PROBLEM LEGALNOŚCI DZIAŁANIA
    (Wydział Prawa i Administracji UAM, 2008) Putzke, Holm; Morber, Guido
    The authors are convinced that the operation of Prussian Claims Society puts good neighbours relations between Poland and Germany at risk and is against “the idea of the reconciliation between nations”. Consequently, they consider possible legal measures that could stop its functioning. Having analysed German legislation, and in particular the Constitution of the German Federal Republic, the Act on Associations and related jurisdiction, the authors conclude that such a prohibition is not only possible in the light of the binding laws of Germany, but also necessary, because further existence of Claims Society will be detrimental to German-Polish relations.
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    O WYKŁADNI MIĘDZYNARODOWEGO PRAWA TRAKTATOWEGO I ZWYCZAJOWEGO (Z UWZGLĘDNIENIEM MIĘDZYNARODOWEGO PRAWA HUMANITARNEGO)
    (Wydział Prawa i Administracji UAM, 2008) Szpak, Agnieszka
    The author presents the rules o f interpreting treaty and customary international law putting special emphasis on the international humanitarian law. In the introduction, characteristic features of public international law have been mentioned as they influence methods of interpretation. In the subsequent part of the article the author analyzes methods of interpretation (inter alia literal, systematic and functional) on the basis o f the Vienna Convention of the Law of Treaties of 23 May 1969 and taking into account the judgments of the Permanent Court of International Justice and the International Court of Justice. Using this background, the author attempted to - on a concrete example of the international humanitarian law and the International Committee of the Red Cross Study Customary International Humanitarian Law - present problems and issues connected with the interpretation of the treaty and customary international law. Even though the customary law norm will never achieve such a degree of clarity and precision as a treaty norm, role of the former one does not diminish and there still exists a need for interpretation and writing on interpretation of the customary international law (as well as the treaty law).