Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 1
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Item CZYNNIKI OKREŚLAJĄCE PROGRESYWNOŚĆ OPODATKOWANIA DOCHODÓW OSOBISTYCH(Wydział Prawa i Administracji UAM, 2003) Walasik, ArturThe article attempts to identify the basic circumstances indicating a need to preserve the current progressive income tax. Some economic, political, ethical and social arguments are provided in favour of tax progressiveness. The article focuses on the relations between tax scale, the taxpayers’ economic situation and tax progressiveness, allowing for the division into technical factors concerning the legal structure of tax scale and economic factors concerning the taxpayers’ economic situation.Item WPŁYW NOWELIZACJI DYREKTYWY UNII EUROPEJSKIEJ O INSTYTUCJACH WSPOLNEGO INWESTOWANIA NA POLSKIE REGULACJE DOTYCZĄCE FUNDUSZY INWESTYCYJNYCH OTWARTYCH(Wydział Prawa i Administracji UAM, 2003) Borowski, GrzegorzThe article presents the modifications introduced in January 2002 to the Directive on the coordination of laws, regulations and administrative provisions related to undertakings for collective investment in transferable securities, which is crucial for the principle of free flow of capital in reference with collective investment institutions. Against the background of the Directive provisions the author presents the economic and legal reasons for the amendment, discussing the amendments in reference to the authorization of collective investment institutions, the principles of starting activity by companies managing such institutions and the obligation of such institutions to keep the investors informed. The author pays special heed to the potential consequences of the amendment for the Polish regulations on open investment funds included in the Act of 28 August 1997 on investment funds (full text in legislative journal Dz.U. 2002, No49, poz.448 with further amendments).Item WYKUP KREDYTOWANY SPÓŁKI (LBO) - PROBLEMY Z DŁUGIEM(Wydział Prawa i Administracji UAM, 2003) Szyszka, AdamThis paper deals with a special kind of company takeover called Leveraged Buy-Out (LBO). The main characteristic of this type of transaction is a very low amount of own capital and a great deal of external funds used by investors in order to finance the takeover. This paper aims to systematize the legal aspects of LBOs in Poland, particularly those involved in securing external funds before the transaction and servicing the debt after taking control of the target company. The legal discussion of those aspects is strongly placed in the financial context and is also based on the author’s practical experiences. At the beginning the focus is put on the essence of the problem, the terminology and the successive steps of a typical LBO transaction. Furthermore, the issues of securing external financing are discussed. In particular, the author pays heed to the possibilities of securing the loan by the target company in the light of article 345 of the Polish Company Law Act (equivalent of art. 23 of 2nd Directive of EC Council) and some other legal limitations. Subsequently, the author touches upon the issues related to debt servicing after a LBO. Discussion is presented of debt incorporation into the target company, or alternatively, methods of relevant funds transfer from the target company for the repayment of the loan drawn earlier in order to finance the takeover. In this context, special emphasis is put upon the rights of minority shareholders and the protection of creditors. Key words: Leverages Buy-Out (LBO), mergers and acquisitions, debt security, protection of creditors.Item CŁO WYCHOWAWCZE I CŁO OPTYMALNE W TEORII I PRAKTYCE POLITYKI HANDLU MIĘDZYNARODOWEGO(Wydział Prawa i Administracji UAM, 2003) Rynarzewski, TomaszCustoms duties imposed for retaliation or for the protection of growing businesses are among the strongest arguments in favour of protectionism in the theory of international trade policy. The author attempts to carry out a synthetic analysis of their theoretical constructions and the possible practical applications. The assessment is based upon the influence of the application of both instruments on domestic and global prosperity. The author arrives at the conclusion that customs duties have a theoretically positive influence on both domestic and global well-being (duties imposed for the protection of growing businesses) or solely domestic prosperity (optimal customs). The correctness of these conclusions is however heavily limited in the practical application of the two instruments, which impede the accepted economic goals.Item POLITYKA PIENIĘŻNA I FISKALNA W TEORIACH MAKROEKONOMICZNYCH(Wydział Prawa i Administracji UAM, 2003) Kiedrowska, Magdalena; Marszałek, PawełOne of the most important fields of macroeconomic research is economic policy. Economic theory offers policymakers advice, suggestions, and frameworks for projecting and realizing economic policy. Economists, however, disagree substantially over many questions concerning this issue. The opinions vary as to the effectiveness of monetary and fiscal policy and their role in economic stability. The aim of this paper is to present different views on monetary and fiscal policy in different schools of economic thought. Only the mainstream schools were considered, such as Keynesians, Monetarists, New Classical School, economists of the Real Business Cycle and New Keynesians. It is worth noticing that in spite of some differences there are also many similarities between them. We believe that a consensus in the field of economic policy has emerged. It encompasses monetary neutrality in the long run, monetary nature of inflation, increased monetary policy in the recent years and doubts about fiscal policy effectiveness as a tool of stabilisation. Moreover, it seems probable that macroeconomics is moving toward a New Neoclassical Synthesis, which melds New Keynesians and the Real Business Cycle theories.Item CZYNNOŚCI PRAWNE ROZPORZĄDZAJĄCE PRAWEM DO WKŁADU EMERYTALNEGO(Wydział Prawa i Administracji UAM, 2003) Pacud, RadosławThe article deals with the newly introduced legal regulations in pension system binding for persons born between 1 Jan 1949 and 31 Dec 1968. Having analysed pension deposits, the author moves on to discuss the execution of the right for pension deposit management as a new type of acts under the material law in the pension law, and then discusses open investment funds and the modifications concerning them. Toward the end of the article the author touches upon the replacement of pension deposit rights by the rights for a lifelong pension or rights for a pension, in addition to the issue of mortis causa deposit management and the right for intra matrimonium deposit.Item Spis treści(Wydział Prawa i Administracji UAM, 2003)Item NOWATORSKIE ROZWIĄZANIA KODEKSU KARNEGO SKARBOWEGO NA PRZYKŁADZIE POSTĘPOWANIA MANDATOWEGO(Wydział Prawa i Administracji UAM, 2003) Skowronek, GrzegorzThe legal solutions adapted in the penal and fiscal code concerning proceedings by police penal orders are an innovative regulation in the penal and fiscal matters adapted for the first time in this area of the Polish law. An analysis of the regulations allows to arrive at the conclusion that proceedings by police penal orders can be conducted only in the case of fiscal violations where there occurs no doubt as to the violating party and the circumstances of the act and the act can be classified as punishable with a fine no larger than double the value of the minimum monthly wages. In principle, fines in such proceedings are imposed by the financial investigating organ, and if any legal provisions stipulate so, also by a non-financial investigating organ. The appropriate investigating organ can conduct proceedings by police penal orders only if such proceedings are permissible, i.e. all the necessary particular conditions are met. The provisions of the penal and fiscal code mention two types of penal fines. The first one, cash fine, is issued to the penalized party after a direct payment of the imposed penalty to the investigating organ or its representative. The second type, loan fine is delivered on acknowledgement to the penalized party. A cash penalty can be imposed on individuals temporarily visiting the territory of the Republic of Poland as well as permanent residents of Poland temporarily leaving its territory. The regulations of the penal and fiscal code in the studies scope still, however, raise some doubts. However, one should emphasise that the draft amendment of the penal and fiscal code due to enter into force in the second half of the present year takes into consideration most of the modifications postulated by the doctrine. The author cherishes hope that the presented study results supported by the subject literature will help both practitioners and theoreticians apply and understand the solutions of the penal and fiscal code in the presented scope.Item INSTYTUCJA EKSTRADYCJI W KONSTYTUCJACH WYBRANYCH PAŃSTW WSPÓŁCZESNYCH(Wydział Prawa i Administracji UAM, 2003) Zwierzyńska, AgnieszkaThe author’s main objective was to present the principles concerning extradition. The European Convention on Extradition drawn up in Paris on 13 Dec 1957 is a significant legal act that is the starting point for presenting principles of extradition in legal acts at the constitutional level in different countries. This article deals with the principles of the constitutions of selected federal countries, such as the USA or Switzerland, as well as some others, e.g. Italy or Spain. A discussion is presented of the principle of exterritoriality of some other countries in reference to extradition as well as the institution of the European warrant of arrest, which is to come into force on 1st Jan 2004. The analysis of the international agreements signed by Poland, the forms of accepted solutions as well as the temporary schemes of conclusions all bear out the significance of the accepted political system and its role in promoting the image of Poland as a democratic country and a reliable partner in negotiations that respects internationally recognised rules. The institution of extradition urgently requires the simplification of procedures; it imposes a very difficult task upon the national legislator and international institutions. At the present stage Poland faces the challenge of developing an effective execution of the law.Item SPRAWOZDANIA I INFORMACJE. JULIBEUSZ PROFESORA HENRYKA OLSZEWSKIEGO(Wydział Prawa i Administracji UAM, 2003) Sikorska-Dzięgielewska, KrystynaItem SĄDOWNICTWO KONSTYTUCYJNE A AUTONOMIA PRAWA WOBEC POLITYKI(Wydział Prawa i Administracji UAM, 2003) Smolak, MarekThe paper argues that the impact of the constitutional review on the autonomy of law before politics are closely connected with the way judges understand the rule of law, especially the rules of division of power and the rules of judges being bound by statute. The way judges understand the rule o f law, including the rules of division of power, is a political act, since judges’ decisions, just like other political decisions, can encounter choices between various options that are good but none of which is better than the others. The degree of extensiveness of this autonomy of law before politics depends on the accepted concept of rule o f law. The paper also affirms the role of rational practical discourse as a procedure of testing evaluative statements by the way of an argument for quaranteeing the autonomy of law before politics by the constitutional review.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Ickiewicz, JaninaKapitałowa strategia przedsiębiorstwa, pod red. Jana Sobiecha, Wydawnictwa Akademii Ekonomicznej w Poznaniu, Poznań 2002, ss. 632.Item NATURALIZM-ANTYNATURALIZM JAKO SPÓR O CHARAKTERZE METODOLOGICZNYM(Wydział Prawa i Administracji UAM, 2003) Gołowska, IngaThe dispute between naturalists and antinaturalists dates back to the 19th c., when the first considerations regarding science were made. At that time it was agreed that sciences were primarily focused upon determining law and principles and the question arose whether also humanities share the same goal. The positive answer to this question was given by philosophers related to sciences, such as materialists and positivists. In methodology one can distinguish two levels of the dispute between naturalists and antinaturalists. The dispute can be related to either the methods applied or the subject matter of the study. The dispute over the methodology of sciences and humanities as well as their nature was begun at the end of the 19th c. by the German philosopher W. Dilthey. He hypothesised that humanities are independent, though different from sciences. In his research he postulated the application of alternative procedures of explanation and comprehension for historical and pure sciences. Antinaturalists vehemently questioned the methodological postulate of universality of all studies, in particular the statement that empirical knowledge is the only legitimate type of knowledge about the world and that the methods of sciences are the only recommendable ones. This was in clear opposition to the naturalist view of studies, as expressed in A. Comte’s words: “...to know in order to predict, to predict in order to act.”Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Popik, PiotrArtur Ławniczak, Finansowanie partii politycznych, Wydawnictwo Sejmowe, Warszawa 2001, ss. 187.Item ŁAD SPOŁECZNY JAKO DETERMINANTA JAKOŚCI ŻYCIA(Wydział Prawa i Administracji UAM, 2003) Miluska, JolantaOne of the important human problems is the question of determinants of successful life. This article is a discussion of the hypothesis that equal or hierarchical social order determines the well-being of societies and individuals, although in the light of various theories and empirical results it is difficult to judge which of the two types of social order is more convenient.Item POZIOM JAKOŚCI DÓBR A ZYSK PRZEDSIĘBIORSTWA(Wydział Prawa i Administracji UAM, 2003) Marczak, MarekThe article presents a theoretical multifaceted analysis of the relation between the quality level of a product and the income incurred, costs charged and profit achieved by a company. The conclusions drawn from this contemplation are supported by the research results conducted by the Strategic Planning Institute in the USA.