Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2000, nr 2
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Item Spis treści(Wydział Prawa i Administracji UAM, 2000)Item SPRAWOZDANIA I INFORMACJE. REGIONALNA KONFERENCJA KATEDR TEORII I FILOZOFII PRAWA Pobierowo, 17 - 19.02.2000 r.(Wydział Prawa i Administracji UAM, 2000) Choduń, AgnieszkaItem PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Mamzer, HannaTożsamość, odmienność, tolerancja a kultura pokoju, pod red. J. Kłoczowskiego, S. Łukasiewicza, Instytut Europy Środkowo-Wschodniej, Lublin 1998, ss. 485.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Jewartowski, TomaszTeresa Kamińska, Makroekonomiczna ocena efektywności inwestycji infrastrukturalnych na przykładzie transportu, Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 1999, ss. 260.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Kałdoński, MichałTeresa Martyniuk, Polityka amortyzacyjna w strategii przedsiębiorstwa, Wydawnictwo Uniwersytetu Gdańskiego, Gdańsk 1999, ss. 255.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 2000) Wierzbicki, BogdanWł. Czapliński, A. Wyrozumska, Prawo międzynarodowe publiczne. Zagadnienia systemowe, Wydawnictwo C. H. Beck, Warszawa 1999, ss. 558.Item KONSTYTUCJA A TEORIA PRAWA(Wydział Prawa i Administracji UAM, 2000) Czepita, StanisławThe article is a collection of reflections on theoretical problems involved with the Constitution of the Republic of Poland voted April 2, 1997, and inspired by a dissertation Some Chosen Problems of the Theory and Philosophy o f Law. A Constitution - edited by Andrzej Bator (published in Wrocław in 1999). In connection with solutions adopted in the new Polish Constitution - the article is devoted to Following issues: the structure of juridical norms, and more especially - of constitutional ones, the structure of a legal system and the position of a Constitution within this system; the application of the law and more particularly - of constitutional dispositions; philosophical and juridical assumptions for constitutional concept of the sources of law. The analysis of solutions comprised in the new Polish Constitution results in a revision of a series of essential concepts and statements hitherto admitted in the theory of law.Item OGRANICZENIA IMPORTOWO-EKSPORTOWE. SYSTEM BARIER TECHNICZNYCH W HANDLU ŻYWNOŚCIĄ(Wydział Prawa i Administracji UAM, 2000) Zalewski, Romuald I.Still enlarging scope of technical barriers and their growing burdensome effect have been limited with, among others, an international agreement signed in 1994 within the framework of WTO. We mind here the Sanitary and Phitosanitary Measures (SPS) and Technical Barriers to Trade (TBT). The SPS are aimed principally at protection o f existence and health of human beings, animals and plants against the risk of widespreading o f pests and diseases being transmitted by animals and plants and, as well, against the risk involved with application of numerous toxic substances. The Author of the article classifies technical barriers in respect of particular policies of States, next - to the range of application and, finally, in respect of the kinds of the measures applied.Item PROBLEMY INTEGRACJI GOSPODARCZEJ EUROPY ŚRODKOWOWSCHODNIEJ (1992 - 1999)(Wydział Prawa i Administracji UAM, 2000) Szczepaniak, MarianIn his paper the Author focuses mainly of Central European Free Trade Agreement (CEFTA) as signed in Krakow on December 21, 1992, by Poland, Hungary, Czech Republic and Slovakia. Discussing the genesis and mechanisms of economic integration in this part of Europe, the Author presents hitherto achievements in this field, and more particularly - liberalisation of commercial exchange, reduction if tariffs and compensatory duties, annulment of extra-tariffs barriers, etc. Debating the perspectives of CEFTA the Author mentions new signatory States, actions aimed at increasing of security of the commerce and, finally, preventive means in respect of trans-border crime. Also plans of economic reconstruction of South-Eastern Europe are mentioned. The Author did not miss some actual controversies within the framework of CEFTA and he mentions certain integrational efforts that - for many different reasons - have not been effectively realised up to the present.Item POLITYKA CELNA W PROCESIE BUDOWANIA GOSPODARKI RYNKOWEJ W POLSCE(Wydział Prawa i Administracji UAM, 2000) MOSIEJ, GERARDThe Author attempts to describe in his article the Polish customs policy in the nineties. Its particular form was the result of co-existing of some definite reasons that conditioned its successive shifts within particular years. An isolation made by the Author of concrete customs system reflects the specificity and the character of customs policy during Polish transformation of economic system. A periodication of this policy as presented by the Author enables us to state that the customs transformed from a passive mean of national economy policy still in later eighties - into one of fundamental instruments of this policy and especially of commercial policy. Customs as such assumed an active role in constructing of fundamentals of the market economy in Poland.Item MAŁŻEŃSTWO JAKO WARTOŚĆ W OKRESIE PRZEMIAN SPOŁECZNO-GOSPODARCZYCH KRAJU W ŚWIETLE POSTAW MŁODZIEŻY W WIEKU MATRYMONIALNYM W WOJEWÓDZTWIE POZNAŃSKIM(Wydział Prawa i Administracji UAM, 2000) Ignatczyk, WalentynaChanges that occurred in Poland recently have liberated some factors that became the reason for to come out of such a kind of behaviour which is contradictory with traditional system of values accepted in this society for many years now. Assuming that the youth is the most pliable for all kinds of influences an attempt has been undertaken to identify the system of values of young people. The article presents results of a research work made in the region of Poznań (in 1995/96) that concerned such issues as: choice to be made - professional career of family life, relation with institutional form of marriage, desired age for marrying, pre-conditions of marrying and identification of the existing hierarchy of marital values. The research made has confirmed that Polish youth is still manifesting attitudes that do accept institutional form of marriage. This youth prefers to choose family life rather than professional career but, in the same time, its liberal attitude to institutional behaviour patterns that are strange to Polish culture and tradition - is also being manifested. Among various conditions of a decision to marry - three following aspects are predominating: emotional, material and that relating to housing standard. Bothering manifestation which could influence marital and procreational behaviour of the youth are the opinions of young people that difficult living conditions involved with difficult, presently at least, social and economic position of the country - can become a cause for such a behaviour that is in disagreement with the attitudes confessed.Item PROBLEMATYKA PRACY W POLSCE W LATACH 90-TYCH(Wydział Prawa i Administracji UAM, 2000) Suwalski, AndrzejThe some issues connected with the problems of labour market in the nineties are discussed in the article. The analysis focuses on the substance of employment guarantees, determination of labour conditions, earnings sphere as well as employees’ participation.Item KONCENTRACJA GOSPODARCZA JAKO FORMA WSPÓŁDZIAŁANIA GOSPODARCZEGO - UWAGI TEORETYCZNOPRAWNE(Wydział Prawa i Administracji UAM, 2000) Jażdżewski, Adrian KamilModem economic relations are characteristic of the globalisation and integration of co-operation between economic entities. This co-operation should be understood as a combination of legal relations inherent in economic activity between at least economic entities whose essence and purpose involve the exchange of goods or services or the creation of conditions necessary for such an exchange to occur. There are a number of ways of classifying economic co-operation. The division of economic co-operation into co-operative and co-ordinative forms is of key importance to economic practice. Co-operative forms are characteristic of the co-operation of entities without their losing their legal or decision-making independence in economic activity. The concentration form arises when economic co-operation assumes the character of an economic group wherein units of greater and lesser importance can be distinguished. Action by the unit o f greater importance are intended to subordinate the whole or a significant part of the activity by merged enterprises to uniform management that functions based on the controlling share in capital or an economic agreement. It must be stressed that economic concentration does not always mean the loss of legal independence - for example, shipping conferences. In consequence, economic concentration should be understood as a complex integrative process of entities legally independent and separate from one another that involves progressive concentration of their economic power, capital, property and production within one economic group wherein a unit importance is distinguished to carry out uniform management and direct or indirect control of a capital nature and/or by force an economic agreement over units of lesser importance of this group through winning a dominant position with regard to other market players. Concentration is also used to refer to the final stage of establishing an economic group and winning a dominant position over other market players following the concentration process as well as individual stages necessary to obtain this position.Item ISTOTA POMOCNICTWA W KODEKSIE KARNYM Z 6 VI 1997 R.(Wydział Prawa i Administracji UAM, 2000) Pohl, ŁukaszAnalysis of the essence of aiding and abetting as based on the Penal Code adopted on June 6, 1997, is the object of considerations comprised in the article. This essence has been very much transformed in relation to the legal state previously binding. Three fundamental problems ¿ire here concerned: subject of aiding and abetting, and - two aspects: as to the doer and as to the deed. The Author of the article analyses in details all particular provisions related to aiding and abetting and to co-perpetration. For this purpose both latest Penal Codes are being compared - the one from 1969 and the other - from 1997. The Author finds that an urgent amending of the paragraph 10-2 is needed because of the fact that its present form means a serious disharmony in treatment of the juvenile.Item WOLNA REKLAMA I JEJ NORMATYWNE OGRANICZENIA(Wydział Prawa i Administracji UAM, 2000) Masiota, JacekFreedom of speech is considered as one of fundamental values protected in a democratic lawful State. However, there is a need to stress the fact that a conflict between goods subjected to a protection - is already characteristic feature of contemporary world. The principle of economic freedom, and consequently - freedom of advertising, does compete here against the freedom of speech, the right to a privacy, the ban on unfair competition and the ban on advertising some chosen products. The Author of the article criticises some of normative solutions adopted in Polish legislation on the freedom o f advertising. He indicates for instance that thanks to having admitted intermediate advertising in case of promotion of alcohol - in fact a circumvention of the inhibition to advertise such products is permitted. He stresses also that Polish legislation lacks some clear definition of the position that is occupied by the Internet among other advertising media. The Author mentions finally that Polish streets are overloaded with advertisement of mere esthetic quality.Item DOMNIEMANIA PRAWNE W ŚWIETLE POJĘCIA CZYNNOŚCI KONWENCJONALNEJ(Wydział Prawa i Administracji UAM, 2000) Bogucki, OlgierdRemarks formulated in the article are concerning consequences (with all difficulties involved with them) of such a manner of conceiving legal presumptions according to which presumptions are characterised as being sources of the directives serving for justifying factual statements within the process o f applying the law. Such consequences are fully manifested against the background of the problem of fictitiousness of establishments o f facts. But it seems that it is possible to overcome all ensuing difficulties if we can refer to the notion of conventional action.Item ROMUALDA HUBEGO TEORIA DZIAŁANIA I CZYNU(Wydział Prawa i Administracji UAM, 2000) Pałczyński, StefanThe article presents the silhouette of eminent Polish scholar - Romuald Hube (1803 - 1890), one of the most merited Polish lawyers of XlXth century - historian of the law, theoretician and philosopher of the law, known also as scientific father of Polish penal law science. The Author presents his biography and scientific work of R. Hube against the background o f the fate o f Polish nationals within this period. The impact of fundamental publications of this scholar on the development of Polish juridical ideas is then described and, more particularly — on the theory and philosophy of penal law. In this respect his most important work was a handbook entitled Ogólne zasady prawa karnego (1830) - (in English: General Principles o f Penal Law) Focusing mainly on the theory of operation and act as adopted by R. Hube, the Author of the article presents methodological opinions of this scholar - as a synthesis and accumulation of methodological tendencies present in European science of the law of the epoch. When analysing minutely the sense and assumptions of the theory of operation and act by R. Hube, the Author supports his own considerations with numerous quotations from the work o f the great scholar.Item OPTYMALIZACYJNY MODEL FUNKCJONOWANIA ODESŁAŃ POZAPRAWNYCH W PRAKTYCE SĄDOWEJ(Wydział Prawa i Administracji UAM, 2000) Leszczyński, LeszekThe aim of the work is an attempt to draw up an optimalising model which - taking into consideration all systemic and legal changes of the last decade in Poland - should stress the most desired properties of having recourse to renvoy clauses in judicial practice - from the point of view of building up democratic and market systems. Such a model should additionally meet the requirement of lawful character of the State as formulated in the Constitution of the Republic of Poland.