Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2003, nr 4
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Item Spis treści(Wydział Prawa i Administracji UAM, 2003)Item NEKROLOGII. Profesor Zbigniew Tyszka. Życie i działalność naukowa (1933-2003)(Wydział Prawa i Administracji UAM, 2003) Przybył, IwonaItem NEKROLOGI PROFESOR DR WIKTOR JAŚKIEWICZ (1912-2003)(Wydział Prawa i Administracji UAM, 2003) Piotrowski, WłodzimierzItem EFEKTYWNOŚĆ USŁUGOWA JAKO KRYTERIUM WYBORU MECHANIZMU FINANSOWANIA SZPITALI(Wydział Prawa i Administracji UAM, 2003) Rój, JustynaAs of January 1st 1999, the objective funding mechanism for hospitals was introduced, which introduced 16 regional healthcare funds purchasing hospital services. The aim of the paper is to argue that an improvement in the effectiveness of services delivered by Polish hospitals is an important factor that should justify the application of objective funding mechanism. In the introduction, the author presents the healthcare system changes that were implemented at the beginning of 1999. The factors that influence the effectiveness of hospital services as well as the rationale behind the service-based hospital funding are also presented. The research reported here spans over the years 1996-2001. The effectiveness of hospital services was measured by means of Data Envelopment Analysis — a nonlinear programming method developed in 1978 by A. Charnes, W.W. Cooper and E. Rhodes. A ratio analysis and correlation analysis were also used to monitor hospital performance. The empirical study showed that the transition from subjective to objective mechanism in hospital funding resulted in a shorter average hospitalization time and improved patient admission rates. Besides, the study confirms the fact that individual regional funds applied various payment units to settle expenses with hospitals, whereas the only justifiable unit should correlate with the measure of the efficiency of the hospital.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2003) Budnikowski, TomaszRynek pracy w warunkach zmian ustrojowych, pod red. W. Jarmołowicza, Wydawnictwo AE w Poznaniu, Poznań 2003, ss. 326.Item ROZWÓJ RYNKU USŁUG LEASINGOWYCH W POLSCE W LATACH 1990-2001(Wydział Prawa i Administracji UAM, 2003) Lizińska, JoannaThe aim of this article is to analyze the changes on the leasing market in Poland during the period of 1990-2001. The issue is explored in different segments of this market by means of various division criteria. In the analyzed period, there was a development of the leasing market in Poland, which was connected with deep changes in quantity and quality of these services. Demand and supply processes mentioned above were related to the parallel changes in the field of macro- and microeconomic factors. Until the year of 1999, the global value of leased assets was constantly growing. Since the year 2000, a recession in the leasing market could be observed. In the given period, on the leasing market there was an increase in the demand for inexpensive, fast delivered and standard services, but at the same time specialized, complex and non-standard offers were expected. The maturation of the leasing market in Poland was also associated with growing interest in both longer primary contract terms and greater net value of assets per contact, as well as with the development of lease contracts concerning real estate. The fluctuating popularity of a variety of asset types was caused by changing conditions in the legal and economic environment. One should emphasize strong consolidation processes between leasing companies. These processes were accompanied by an escalating polarization of the market. This was also connected with the decreasing share of independent leasing companies in the market together with an increasing importance of companies controlled by banks and foreign financial companies.Item STYMULOWANIE ROZWOJU PRZEDSIĘBIORCZOŚCI W POLSCE - POSTULATY ROZWIĄZAŃ SYSTEMOWYCH(Wydział Prawa i Administracji UAM, 2003) Jankiewicz, SławomirThe development of small business in Poland began only after the change of the economic system. Small business in the initial stage o f the transformation successfully contributed to diminishing unemployment, and consequently lessened the negative effects of the liquidation and restructuring of state-owned companies, particularly in the areas that could not attract investment for their lack of appropriate infrastructure. After Poland joins the EU, small and medium-sized companies will also have a fundamental role in maintaining the high pace of economic growth. To fulfil that role, however, small and medium-sized business companies will need appropriate national policies. The ways of supporting small and medium-sized business have not been effective so far. The policies on this sector have been asynchronous if at all visible, while the measures have had only short-term effects. Consequently, the necessity arises to restructure the approach toward supporting small and medium-sized business so that the funds invested in that sector are not wasted. In the article an attempt has been made to formulate fundamental criteria that should constitute the basis for supporting small and medium-sized business.Item ZRÓŻNICOWANIE POZIOMU ROZWOJU SPOŁECZNO-GOSPODARCZEGO NA OBSZARZE WOJEWÓDZTWA WIELKOPOLSKIEGO(Wydział Prawa i Administracji UAM, 2003) Roeske-Słomka, IwonaThe purpose of the article is to establish areas in the province of Wielkopolska with the highest and lowest level of socio-economic development as well as to determine whether these areas are uniform with respect to the elements of the level of development. The author approaches this problem from the perspective of a subregion and a district. The empirical material for this study was based on the report on socio-economic development in Wielkopolska published by Statistical Office in Poznań in 2001. In general, the analyzed parameters indicate a relatively low level of socio-economic development of the district. Synthetic criteria of district development never exceeded a half of their maximum value. Districts differed widely with respect to the level of investment outlays, but they were much more uniform with respect to the number of business entities and the unemployment rate. Moderate diversification was observed between the districts with respect to the number of recorded crimes. Subregions of Piła, Poznań and Kalisz as groups of districts are non-uniform with respect to the analyzed parameters. Each of the subregions includes districts of both relatively high and low position in the general ranking calculated with the synthetic measure of district development. The subregion of Konin, on the other hand, comprises highly uniform but low-ranked districts. Variables that influenced the level of synthetic measures of district development were, in the decreasing order of importance, the unemployment rate, the number of business entities and investment outlays per capita. The only factor that did not have a statistically significant influence on the level of synthetic measures of district development was the crime rate.Item OPERACJE OTWARTEGO RYNKU W POLSCE W LATACH 1993-2002(Wydział Prawa i Administracji UAM, 2003) Przybylska-Kapuścińska, WiesławaThe paper presents Open Market Operations as the most popular and innovative monetary policy instrument used in market economy. On the one hand, the development of these operations and their intensive application in the Polish money market indicates the decreasing importance o f the administrative instruments in the state policy on market regulation o f money supply. On the other hand, the growing scale o f the Open Market Operations, as well as the changes in the type o f operations, point to the still existing problem o f overliquidity o f the banking system in Poland. The presence o f these phenomena indicates that some action has to be taken to reduce overliquidity.Item NIEKTÓRE ASPEKTY TZW. AUTENTYCZNOŚCI TEKSTÓW AKTÓW NORMATYWNYCH(Wydział Prawa i Administracji UAM, 2008) Wojciechowski, MaciejThe article is devoted to one of the problems of issuing normative acts, namely the feature of their authenticity that is ascribed to officially published acts by the doctrine. In the first part, the author analyses the concept of authenticity at the level of various types of language considering its semiological aspect related to real objects e.g. works of art. In the second part, the historical evolution of promulgating the law is presented from the function of announcing the content of the law to one of the formal criteria for the binding force of law. In the third part of the article, modern means of obtaining information about the content of legal standards is discussed and the informational value of authentic texts is evaluated. In further parts, a typology of errors in officially published normative acts is discussed and set in the context of historical and present legal status with a suggestion de lege ferenda. The article ends with a proposition of normative changes in the way of promulgating the law that is supposed to include the Internet and their meaning in the context of the issues raised in the second part of the article.Item ZAGROŻENIE FUNDUSZY INWESTYCYJNYCH PRZEZ PROCEDER PRANIA PIENIĘDZY(Wydział Prawa i Administracji UAM, 2003) Filipkowski, WojciechAt the beginning of the paper, the author presents the nature of money laundering processes. It is stressed that this type of illegal activity is international in its nature. In order to achieve the desired effect, launderers have to transfer funds from one country to another where the process takes place. As a consequence, the fight against money laundering has to have an international scope. Secondly, in order to fight this phenomenon, the range of institutions involved should constantly widen. The reason for this is that the criminals move away from the banking sector towards other financial and non-financial businesses, including investment funds. It is therefore fully reasonable that they have been categorized as so-called „obliged institutions” by the Polish anti-money laundering regulations established by the Act of 16th November, 2000. These institutions are required to fulfil certain obligations with the purpose of fighting money laundering. In this context, the author also discusses the new Forty Recommendations of Financial Action Task Force on Money Laundering. In the second part of the paper, the author presents the character of investment funds (trust funds) as collective investment schemes according to Polish regulations. There are two types of these funds that are particularly vulnerable to criminal activities: venture capital and funds investing in real estate. Moreover, the potential methods of abusing these institutions by launderers are discussed. Those include situations when the investment accounts are used to collect „dirty money” originating from different illegal sources, or when gathered funds are distributed further to other institutions, bank accounts, etc. Investment fund units cannot be bought or sold, however, they can be pledged. This allows transferring collected funds from one person to another, following e.g. court’s decision which gives a perfect appearance of legitimacy. Other threats are linked to the use of on-line services and to the distribution of units of investment funds by agents. One of the obligations imposed on appropriate institutions is to prevent the use of funds coming from illegal or undisclosed sources. In some cases, the fulfilment of these obligations may be very complicated when it comes to following the ‘Know Your Customer’ procedure. The author proposes some possible changes regarding Polish anti-money laundering policies. In the last part of the paper two theses are presented. The first one reflects the author’s opinion that investment funds should be included in the list of obliged institutions, as it is the case at present. The second one stresses the need for cooperation between the General Inspector for Financial Information (Polish Financial Intelligence Unit) and the Polish Securities and Exchange Commission (Komisja Papierów Wartościowych i Gield) as supervising institutions, in order to help investment funds follow anti-money laundering regulations.Item AMNESTIA JAKO JEDEN ZE SPOSOBÓW „ROZLICZANIA” SPRAWCÓW NAJCIĘŻSZYCH ZBRODNI MIĘDZYNARODOWYCH(Wydział Prawa i Administracji UAM, 2003) Płachta, MichałThe article focuses on the question of the suitability of amnesty in tackling national heritage of civil wars, dictatorship, state apparatus disintegration and others. The author furthermore presents a typology of amnesty acts. A question arises as to why amnesty, an instrument typical of national legal systems, rouses such controversy on the international level. However, the controversies arise over only those acts of amnesty that occur in cases of the heaviest international felonies, tortures, and war crimes. The author discusses the motives of applying amnesty in such cases, listing some advantages of such a solution and also mentioning the ‘darker’ sides, or drawbacks of the option. The article is rounded up with an analysis of limitations on the use of amnesty under the international law. 70 ProsecutorItem EUROPEIZACJA PRAWA KARNEGO GOSPODARCZEGO (NA PRZYKŁADZIE NIEMIECKIEJ USTAWY O ZWALCZANIU NIEUCZCIWEJ KONKURENCJI)(Wydział Prawa i Administracji UAM, 2003) Nestoruk, Igor B.The article explores the issue of the remarkable influence of the community-based law on the criminal law of the member states of the EU. There is a significant number of examples illustrating this phenomenon especially in the area of the criminal law against white collar crimes. The consequences of this pending process are deliberately analyzed on the example of criminal acts against unfair market practices. The author has chosen the criminal provisions valid under the German Act against Unfair Competition of 1909 (especially its penal sanctions against misleading advertisement) in order to show the significance of the process of „europeanization” of economic criminal law.Item PRAWO DO OBRONY A DOWÓD Z ZEZNAŃ ŚWIADKA INCOGNITO W POLSKIM PROCESIE KARNYM(Wydział Prawa i Administracji UAM, 2003) Wiliński, PawełThe author describes the limits of the right to defence in the context of evidence by testimony of an anonymous witness. In practice, the introduction of the evidence by testimony of an anonymous witness to the Polish criminal system means that the legislator decides to limit the procedural rights of the defendant. The author notices the need to balance the defendant’s interest and right to defence against the witness’s right to personal security and the resulting prohibition of such execution of the right to defence that would lead to the violation of the fair interest of the other trial participants. Having analyzed the jurisprudence of the European Court of Human Rights the author comes to the conclusion that also in the light of the Court’s verdicts the introduction of an anonymous witness to the criminal procedure does not mean a breach of the right to defence. The author analyses some particular procedural rights of the defendant related to the evidence by testimony of an anonymous witness and shows to what degree these rights are modified in that situation. The author claims that whenever the threat to the witness’s life, freedom or health is more real and probable, greater limitations to the right to defence shall be accepted. Nevertheless, the procedure of examination of evidence should meet the standards following from procedural rules. The right to defence will be exercised in a way that does not breach the fairness of the trial if at least the following conditions are met: defendant and/or his counsel shall participate in the hearing of anonymous witness during the trial; defendant and/or his counsel shall be allowed to formulate questions to such a witness; they shall have the right to receive answers to the questions concerning the subject matter of the testimony, not the witness himself; questions not answered by the witness shall be included in the protocol of the trial and in its authenticated copy. The elementary principle to be observed is that, in every single situation, the parties have to compensate for all acceptable and admissible deviations from procedural rules and for the right to defence in particular. In such a situation, the compensation should broaden the rights of the defence and enable the exercise of those rights in practice.