Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2002, nr 1
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Item SPIS TREŚCI(Wydział Prawa i Administracji UAM, 2002)Item NEKROLOGI. PROFESOR ANNA MICHALSKA (1940 - 2001)(Wydział Prawa i Administracji UAM, 2002) Sandorski, JanPROFESOR ANNA MICHALSKA (1940 - 2001)Item DEMOGRAFICZNE UWARUNKOWANIA TERYTORIALNEGO ZRÓŻNICOWANIA BEZROBOCIA W WIELKOPOLSCE(Wydział Prawa i Administracji UAM, 2002) Gołata, ElżbietaThe article deals with one of the most tragic consequences for Polish families of the economic transformation: unemployment, which after 1995 affected over two million households. Demographic forecasts predict a further increase in the number o f labour force by as late as 2009, and only in the year 2010 a time will begin when the number of persons of professional activity age will abate. The article analyses particular regions of the Wielkopolska province (expanded by new areas after the recent Polish administrative reform), focusing on their demographic similarities, differences, and tendencies, attempting also at explaining the discrepancies between them. The results of the recent research on the issue have been presented and juxtaposed in the article by means of comprehensive tables, and a rich literature on the subject has been recommended.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2002) Czternasty, WaldemarA. Czyżewski, A. Grzelak, J. Jankowiak, Transformacja państwowego sektora rolnego w Wielkopolsce na tle sytuacji ogólnej, Wyd. AE, Poznań 2001, ss. 226.Item CECHY WIEJSKIEGO RYNKU PRACY W OKRESIE TRANSFORMACJI USTROJOWEJ W POLSCE(Wydział Prawa i Administracji UAM, 2002) Sosnowska, BogumiłaThis paper presents the character and directions of the rural labour market evolution during the Polish economic transition. The results of a theoretical and empirical analysis confirmed a decline in the economic activity of the rural population including employment, a decline that is the most prominent among youths and women. This decrease followed a large number of redundancies in the public sector as a consequence o f restructuring and privatising the Polish economy. In consequence of this process structural unemployment occurred and rose dramatically, in particular among this part of the rural population that is not engaged in farming. The unemployment rate in the country varies according to employment status as well as demographic and geographic factors. The fundamental way of fighting unemployment in rural areas is to accelerate the multifunctional development of farms and rural areas in addition to invigorating the state’s structural policy, especially by stimulating the national economic growth and competitiveness on the domestic and foreign markets, as well as providing assistance to the individual enterprise in rural areas in industries other than farming.Item PROJECT FINANCE JAKO METODA FINANSOWANIA INWESTYCJI INFRASTRUKTURALNYCH(Wydział Prawa i Administracji UAM, 2002) Jewartowski, TomaszFor the time being there is no clear definition of project finance and there is no unanimity about the role of its specific characteristics as potentially distinctive traits. Empirical research leads to the following conclusions: - in order to realise an undertaking a special company is created, called a project company or a vehicle company (also: special purpose company), - the sponsors and shareholders in such a company are also companies which actively participate in the project e.g. as contractors or subcontractors, - project participants (contractors, managers, lenders, often governmental agencies, and, if possible, final users) all create a network of contracted connections aiming at distinguishing the possible types of risk and ascribing the consequences of those risks to particular parties, - a company implementing a project uses a high leverage and the creditors have limited rights to file a claim in the case of a failure of the project (limited-recourse or non-recourse financing). Most projects are realised in the industries that are particularly significant to the state, and in many cases a project cannot be launched without a permit from the special governmental agencies overseeing the investment process and representing the state interests while the buildings are erected and used. This article deals with two trends in the research on project finance. One of them focuses upon project finance as a method of financing virtually only investments in the infrastructure sphere and it includes research on the justification for private capital involvement in the infrastructure, in addition to research on the role of the state in implementing projects and on the effect of project finance upon the situation in the state where the undertaking is realised. The other trend perceives project finance as a method of financing investment in general and it aims at presenting the conditions for deriving greater benefits than in the case of carrying out undertakings by the company itself.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2002) Rynarzewski, TomaszAdam Budnikowski, Międzynarodowe stosunki gospodarcze, Polskie Wydawnictwo Ekonomiczne, Warszawa 2001, ss. 419.Item ZASTOSOWANIE FUNKCJI COBBA-DOUGLASA DO ANALIZY PROCESÓW PRODUKCYJNYCH W POLSKICH PRZEDSIĘBIORSTWACH(Wydział Prawa i Administracji UAM, 2002) Kalinowski, SławomirThe article is an attempt at implementing the classic tool of Cobb-Douglas function for the analysis of the influence of two basic production factors on the production size in the selected Polish industries. The statistical verification of the function adaptation has been preceded in the article by verifying the adaptation of the linear function. The major advance on the classic approach is that the explanatory variables have been redefined. The calculation has been based upon the quarterly financial results of companies between 1994 and 1999 from the following industries: shoes, paper and cardboard, pumps and compressors, general building industry, and civil engineering. The source of the data was the „Industry Analysis” drawn up by the Polish Bank of Export Development. The goal of the research was to verify the cognitive value and redefine the variables functioning within the production analysis function as well as to verify the usefulness of the Cobb-Douglas function for analysing the relation between the size of the outlays of production factors and the production size in the selected industries.Item POCZĄTKI EKONOMII AKADEMICKIEJ W EUROPIE(Wydział Prawa i Administracji UAM, 2002) Bochenek, MirosławAdam Smith’s scientific system of economics was announced in 1776. On that occasion no university faculty was created and Smith was not offered the chair of political economics professor. The first economics faculties were opened already before 1776 at German, Austrian, and Italian universities. The first economics professor was S. P. Gasser at the University of Halle, who was then followed by: J. C. Dithmar from the University of Frankfurt on the Oder, J. H. G. von Justi from Theresanium in Vienna, A. Genovesi from the University of Naples, and J. von Sonnenfels at the University of Vienna. After 1776 economics faculties were created at universities in such countries as Poland, Engand, France, and Sweden. In Poland Sz. Malewski was the first political economics professor in Vilnus, D. Krysińaki in Warsaw, J. A. Dunajewski in Lvov, and M. Bochenek in Krakow; in England T. R. Malthus in Haileybuiy was the first political economics professor, in Oxford N. W. Senior, in London J. R. McCulloch, while in Cambridge G. Pryme; in France the first economics faculty was created especially for J. B. Say, and in Sweden D. Davidson was in charge of the first economics faculty.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2002) Wrzochalski, BogdanJerzy Zajadło, Formuła Radbrucha. Filozofia prawa na granicy pozytywizmu prawniczego i prawa natury, Gdańsk 2001, ss. 329.Item PROBLEMATYKA NIEWAŻNOŚCI UMÓW MIĘDZYNARODOWYCH ZE WZGLĘDU NA NARUSZENIE PRAWA WEWNĘTRZNEGO(Wydział Prawa i Administracji UAM, 2002) Dalil, ElfatihThe author undertakes a consideration: the rule stated in article 46 of the Vienna Convention on the law o f treaties. That provision permits a state to assert as a ground of invalidity of a treaty that its consent to be bound was expressed in violation o f a provision o f its internal law concerning the competence to conclude treaties. The attention is, however, primarily focused on: 1. Pre - Vienna Convention doctrine, case - law and states practice. 2. The International Law Commission on the law of treaties. 3. Post 1969 developments with special attention to Poland’s practice and jurisprudence of international court of justice.Item POLSKIE PRAWO BANKOWE A MIĘDZYNARODOWE STANDARDY PRZEPROWADZANIA I EGZEKWOWANIA BANKOWYCH CZYNNOŚCI NADZORCZYCH(Wydział Prawa i Administracji UAM, 2002) Nieborak, TomaszThe introduction of free market in Poland entails a number of social and economic reforms, including banking, which is the foundation of economy. In this respect the most important legal acts are the Act on Banking Law and the Act on the National Bank o f Poland, which comprehensively regulate the functioning and supervision of the Polish banking system. Well organised and effectively operated banking supervision guarantees the stability of the whole national banking sector and consequently also the whole economy. The Basle Committee on Banking Supervision is one of the bodies which have raised this point. This influential advisory committee comprising banking supervision organs from several dozens of states has issued „The Fundamental Principles of an Effective Banking Supervision”, a document including 25 „commandments” designating the aims of legal regulations involved. The article present those of them which concern the standards of holding and executing banking supervision by proper organs. The presentation is accompanied by an analysis of the Polish banking law regulations and their conformity with the Basle Committee proposals, in particular: continuous supervision methods, consolidation of supervisory actions, and the ways o f ensuring that banks execute the supervisory recommendations issued by supervisory organs.Item PROBLEMY AKULTURACJI WYWIADU ZOGNISKOWANEGO(Wydział Prawa i Administracji UAM, 2002) Daniłowicz, PawełIn the discussion of focus research and its legitimacy, emphasis is put primarily upon the study participants’ reactions, views and behaviour. An attempt is made at describing and accounting for the frequent cases o f the participants’ negative attitude towards the study, despite the fact that they are offered remuneration for their participation. With the help of psychologists’ research and opinions the Author tries to pinpoint the possible reasons for the participants’ negative reception of the sessions, such as the type and decor of the room, lighting, unfamiliarity with the persons present, the obligation to speak out in public, or video recording. Additionally, suggestions are made about how to improve the participants’ comfort and reception of the study sessions.Item PROBLEM PODMIOTOWOŚCI EUROPEJSKICH „MINIPAŃSTW” W ŚWIETLE PRAWA MIĘDZYNARODOWEGO(Wydział Prawa i Administracji UAM, 2002) Kosicki, AleksanderThis article is an attempt at defining the current legal status of Liechtenstein, Andorra, San Marino, and Monaco especially in the view of the changes that occurred in the 1990s. A separate chapter has been devoted to each of these states and a short description of the states’ history and economy has been appended, including an analysis of the current status in the international law of each state. The Author begins by analysing the various terms used in the literature to denote these states, such as dwarf state, ministate, microstate, miniature state, or a city-state', in addition, some criteria for the application of these terms are discussed, e.g. the size of the population or territory. The Author further dwells upon the status of these states under the international law: their capacity to be parties to a treaty, their right to send and receive diplomatic representatives, their capacity to make claims under the international law and to be a party in a legal case as sovereign territorial organisations. Finally, the Author discusses the membership of these countries in international organisations and their relations with the European Union and European Communities.Item ZAGADNIENIE OBOWIĄZKU STOSOWANIA PRAWA MATERIALNEGO W POSTĘPOWANIU PRZED SĄDEM POLUBOWNYM(Wydział Prawa i Administracji UAM, 2002) Ballada, PrzemysławThe article discusses the grounds on which a court of conciliation adjudicates, focusing upon the question whether this court is obliged to base its sentence upon the current substantive law regulations or whether it can take decisions solely on the basis of the principle o f rightfulness and discretion of decision. Can the arbitrators, not being bound by the norms of the substantive law, be guided only by their sense of equity, or do they have to observe the binding law, i.e. act in accordance with it and on the basis of it. The Author discusses extensively the notion of formal and substantive legality, shedding some light upon the views of doctrine and judicature on the issue of conciliation court’s obligation to observe the substantive law. By analysing articles 705, 711 § 3 and 712 § 1 point 4 of the Polish Code of Civil Proceedings, the Author arrives at the conclusion that in the light o f these provisions the view popular in the doctrine and law interpretation saying that courts of conciliation are not bound by the substantive law, is questionable and should be reconsidered.Item FOCUS - SZTUKA CZY METODA?(Wydział Prawa i Administracji UAM, 2002) Lisek-Michalska, JolantaThere is a great diversity in the attitudes of academic sociologists and commercial researchers towards the focus method. They vary from ardent and enthusiastic support to scathing condemnation. This article is an attempt at juxtaposing the Author’s several years of experience in focus group study (both academic and commercial) with her methodological observations, backed up by extensive scientific literature on the subject. All aspects of focus research include problematic points that vary in the degree of significance for a comprehensive evaluation of the method. These doubts deal with the following suggested problem areas: the methodological status of focus group study, research procedure elements, processing the data obtained from the study, and the ethics of focus research. The Author also discusses the role of a session moderator, his personality and methods of work, as well as the methods of preliminary information collection from questionnaires, the reliability o f the data thus obtained, and the methods of selecting participants for a group study. Considerable space is devoted to defining the positive and negative group effects, among the negative effects stressing tendencies to: opinion standardisation in a group, opinion extremism, minority suppression, conformity, conflicting secondary aims, and others.Item PRACOWNIK SKIEROWANY NA NAUKĘ A PRACOWNIK PODEJMUJĄCY NAUKĘ Z WŁASNEJ INICJATYWY(Wydział Prawa i Administracji UAM, 2002) Pogorzelska, DorotaThe aim of this article is to present the current range of benefits available for employees raising their professional qualifications with and without reference from the employer. The Author compares in this respect the previous Resolution of Council of Ministers No 263 of 23rd December 1982 with the regulations currently in force, especially the Resolution of the National Education Ministry and the Ministry of Labour and Social Policy of 12th October 1993. A thorough analysis is made of the particular obligations, concessions, and limitations that are at present in force and that apply to persons raising their professional qualifications. The Author arrives at the conclusion that these legal issues need to be fine-tuned and standardized.Item PROBLEMY I CELE ROZWOJOWE MIAST POLSKI(Wydział Prawa i Administracji UAM, 2002) Kotus, JacekThis paper aims at presenting the main developmental problems and priorities o f Polish cities at the turn of the epoch. The research has been founded upon an analysis of approximately 100 development strategies of selected cities. Both the developmental problems and objectives of Polish cities have been presented in the following four spheres: (i) society and culture, (ii) economy and infrastructure, (iii) nature and environment, and (iv) urban and land development. Generally, the defined difficulties present Polish cities as the focal points of particularly difficult and multifaceted developmental problems. The answer to crucial urban life inconveniences recognised through research is developmental priorities articulated in a responsible and complementary way in response to the discovered problems. The main problematic issues as well as the objectives of Polish urban organisms are universal and independent of the size of a city. The main problems in the four selected spheres result from the bad condition of the following areas: education, waste water management, waste management, roads and transport. The chief development priorities are to improve education, develop waste water management, create an efficient waste management system, modernize and develop the city transport systems.Item ISTOTA I CHARAKTERYSTYKA PRAWNA ANTYMONOPOLOWYCH KAR PIENIĘŻNYCH(Wydział Prawa i Administracji UAM, 2002) Sachajko, MarekTo sanction effectively any violation of antitrust obligations, the Polish legislator has created a system of administrative and legal measures comprising administrative sanctions and financial sanctions, regulated in section 6 of the respective act. Cash penalties are administrative and legal sanctions. Although they share a number of common characteristics, they also differ in many major respects, so that the legal nature of these measures is incoherent, despite the fact that they function under one term. Under the Polish Act of 2000 on the Protection of Competition and Consumers one can distinguish three separate types of cash penalties: administrative cash penalty, cash penalty aiming at coercion, and a penalty that is a procedural coercion measure. An administrative cash penalty is imposed for a violation of the sanctioned antitrust legal provisions. The grounds for its imposition are a failure to discharge one’s obligations imposed by the force of a legal act. This penalty is a type of an administrative and penal sanction: an administrative penalty. A cash penalty exerts coercion by coercing the penalised party into a specific action. This penalty bears attributes similar to those o f administrative executive measures. The last group of antitrust cash penalties is included among the measures of procedural coercion, which are a type of the so-called procedural coercive measures. These measures aim at ensuring a proper course of proceedings. Referring in the Act to each of the above mentioned sanctions with the same term of „cash penalty” is an incorrect solution, as it does not eliminate the need to interpret the character of those sanctions at the level of law application. Furthermore, it is incorrect to regulate markedly different penalties in the aggregate in the same part of the Act. The legislator should increase legal certainty in interpreting the competition protection law by introducing different terms for penalties and by separating legal institutions of differing character within the same text unit of a legal act. Such solutions would increase both the legal certainty and the possibility to decode the legal penalty norms more easily.Item PRZESŁUCHANIE PREZYDENTA RZECZYPOSPOLITEJ POLSKIEJ JAKO ŚWIADKA W POSTĘPOWANIU SĄDOWYM(Wydział Prawa i Administracji UAM, 2002) Knoppek, KrzysztofThe Author attempts to analyse the previous and current legal regulations concerning the hearing of the incumbent President, beginning with the pre-war Code of Civil Procedure from 1932, which allowed for such a possibility in article 287. It is up to the President to determine the time and venue of the hearing. This provision has never been repealed and the current Constitution does not put a ban on it either: testifying in court does not violate the separation of powers or balance of power, and submission to the power of a judge does not deprive the President of the honours of the highest representative of the Republic of Poland. The course o f hearing a President by a judge is also discussed with reference to the potentially applicable stipulations of the Code of Civil Procedure. The Author also considers the hypothetical possibility of punishing the President by a judge for default of appearance, disturbance of order, as well as the possibility of refusal to testify on matters bound by the state secret, etc.