Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2000, nr 3

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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Wiśniewska, Natalia
    Męskość - kobiecość w perspektywie indywidualnej i kulturowej, pod red. Jolanty Miluskiej i Pawła Boskiego, Wydawnictwo Instytutu Psychologii PAN, Warszawa 1999, ss. 258.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Tendelska, Aneta
    Bernard Fillaire, Sekty, tłum. Joanna Kluza, Wydawnictwo „Książnica”, Katowice 1999, ss. 113.
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    PRZEOBRAŻENIA STRUKTUR DEMOGRAFICZNYCH LUDNOŚCI ZWIĄZANEJ Z ROLNICTWEM INDYWIDUALNYM W OKRESIE POWOJENNYM
    (Wydział Prawa i Administracji UAM, 2000) Chromińska, Maria
    The aim of this work is an attempt to follow through such transformations in order to determine whether and up to what extent this population shall be further able to fulfill the role of a stimulator within the process of population reproduction for to assure some surplus in continuity of generations within the whole population of the country. And secondly - whether the resources of man power could be reproduced if we assume that because of modernization and technicization of agricultural production the volume of man power should diminish? In order to realize the aim of the research work first of all the results of censuses from the periods 1921 - 1931 and 1950 - 1988 as well as of the micro-census from 1995 were used. An evolution of demographic structure of the researched population has been observed. Movements of migration proved to be an important factor of deformation of these structures; such movements were of most intensity during the period of parallel and very prompt industrialization and urbanization of the country. The movements in question have been stopped after 1989. Such a constant migration has caused not only visible aging of the population of farmers but also - a lack of wives for young farmers. Characteristic standards of reproduction process in Poland respectively to countryside and town do show a decreasing tendency. A level which does no more assure simple continuity of generations within the countryside milieu has been observed only in 1995. A decrease in number of children and migration of young people to the town milieu has caused an increase of the rate of the elderly. Concentration and deconcentration trends dominated evolution processes of agrarian structure. Respective changes for private farms during three periods have been presented. The research work showed that the rate of amelioration of the structure of these farms was rather poor. Our agriculture is still characterized with the smallest extent of soil concentration in Europe. Within the period of the last century important changes have occurred in relation with the ratio of the population that earns its living in agriculture and the other. A proportion of professionally active people has sharply decreased in relation with professionally passive people. Growing phenomenon of performing double job has been observed, as far as private farming in Poland is concerned. Because of their great number of children the countryside population of Poland has been up to the present a reservoir of man power and, as such, contributed to fill up all lacks in this respect in urbanized areas. A maintaining of this phenomenon shall depend on the fact whether young people find enough good conditions for to stay in the countryside, i.e. in the agriculture and respective processing industries. A possibility of creating much more large farms is here a good chance for it could turn into reality.
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    „SWOI” I „OBCY” A INTERESY LOKALNE
    (Wydział Prawa i Administracji UAM, 2000) Bondyra, Krzysztof
    The Authors indicates arguments o f double nature which are objects of appeals made by social actors within the framework of local communities when expressing their protest against some more concrete undertakings. First of all - it would be the category of „familiarity” as opposed to „strangeness”; the latter relates to this part of population which still became not rooted in a given local community through links of informal social, familial, neighborly or religious kinds. And secondly - the argument of anti-developmental character would be the menace ensuing from foreign capital, mainly German (it is named in many different ways). The Author emphasizes the role of local élites played in the course of local conflicts. For it seems well that self-governmental élites do dispose of relatively big capacity of taking decisions oriented „against” local societies. The élites in question - acting in quality of superior agents - are able to undertake measures aimed at modernization as well as to blockade them effectively. This way threats are occurring in relation with respecting real subjectivity of the whole of inhabitants. However, in the same time a tendency can be observed to break up the passiveness o f civic society on the way of actions undertaken by organized social actors, i.e. by alternative élites emerging this way.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Orczyk, Józef
    Polityka społeczna w zakresie transformacji, pod red. A. Frączkiewicz-Wronko i M. Zratek, Akademia Ekonomiczna im. K. Adamieckiego, Katowice 2000, ss. 315.
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    CZYNNIKI WARUNKUJĄCE EFEKTYWNOŚĆ ZARZĄDZANIA I ROZWIĄZYWANIA KONFLIKTÓW W SAMORZĄDACH TERYTORIALNYCH
    (Wydział Prawa i Administracji UAM, 2000) Śliwa, Paweł
    One can observe existence of significant differentiation in the situation of Polish territorial self-governments when it is examined from the perspective of the year 2000, i.e. 10 years after restitution of territorial self government system and one year since a reform o f administration by the Government of the Republic o f Poland which was supposed to grant the subjectivity to regional and subregional collectivities. On one hand - the differences observed concern a level of wealth of particular collectivities and a level of their respective economic advancement. On the other - the situation of particular self-governments is differentiated also in relation with adapting to new mechanisms of power performance and, as well, in what concerns adapting of all participants in collective life to new conditions under system transformation being still continued. The Author has discussed the above mentioned factors in macro-, mezo- and micro-scales and he concludes that there is no way to consider them separately. For instance - it won’t help to enjoy a good economic conjuncture of a State in such cases when local power occurs to be abortive and corrupt and some larger regional community does not show any activity of its own, any resourcefulness or economical sense on its own territory. The Author mentions also the destructive (but sometimes positive, too) role of a local conflict (e.g. increased activity and solidarity among members of local society.
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    PROTEST LOKALNY W POLSCE
    (Wydział Prawa i Administracji UAM, 2000) Matczak, Piotr
    Issuing from polish and foreign literature of the subject the Author discusses a comprehension of a protestation and explains this phenomenon in the light and context of consolidation process of democracy itself. Next the reasons and a set of specific features of such local protestations (as well as o f the so-called micro-protestations) in Poland are debated in Details. The Author focuses also on a protestation seen an element of civic society and on essential points of local protestation involved with redistributing common goods.
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    Spis treści
    (Wydział Prawa i Administracji UAM, 2000)
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    GŁÓWNE NURTY W TEORII KAPITAŁU
    (Wydział Prawa i Administracji UAM, 2000) Marchewka, Kamilla
    The history of capital theory has been of continuous debate. Many economists have tried to give any specific simple interpretation of capital and many of them failed. In literature we can find also a lot o f explanations of other definitions connected directly with the term o f capital - created sometimes in specific situations as particular theory. Keeping in mind the sentence written in 1975 by C. J. Bliss that „when economists reach agreement on the theory of capital they will shortly reach agreement on everything”, in this article the Author doesn’t want to estimate or find the best interpretation of capital. She would rather like to present three main trends (directions) which we can find studying historic and more contemporary economic literature.
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    „PRANIE PIENIĘDZY” - FORMY I ZAGROŻENIA SPOŁECZNE
    (Wydział Prawa i Administracji UAM, 2000) Prengel, Marek
    In the beginning of his article the Author discusses acs that necessarily must precede the money laundering, i.e. a so-called illicit activity of primary nature. For instance, these acts are: illicit production o f drugs and next trading them, illegal gambling, white slave trade, living on the earnings of a prostitute and giving her protection, illegal immigration, trading of radioactive materials or of weapons, etc., briefly - all acts committed in order to acquire dirty sums of money. Then the most popular models of action are presented by the Author. In a phase model three fundamental phases are specified: the first phase is a placement, i.e. a change of cash into so-called electronic money or other financial values with involvement o f banks, money exchange points, etc.; the second phase is a layering which consists in concealing illegal origin of such financial values through offshore or underground banking, international money transfer, fictitious companies, etc.; the third phase is an integration - i.e. the introduction of laundered money into legal economic circulation through investments, purchasing of securities, etc. Next the Author discusses other theories, e.g. American „cycle model” or theoretical task model by Ackermann. The latter focuses on following points: 1) aims o f money laundering: conversion and concealment; 2) possibilities of acting: off-shore centers, fraudulent companies, corruption; 3) factors o f assistant character: international factor, offshore factor, layering factor, factor of cashless payments system, etc. Final part of the article is devoted by the Author to the laundering itself and hiding of this process as well as to persons occupied with this job, i.e. the „laundry men”.
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    OSOBA WSPÓŁPRACUJĄCA PRZY PROWADZENIU DZIAŁALNOŚCI GOSPODARCZEJ W ŚWIETLE PRAWA SOCJALNEGO
    (Wydział Prawa i Administracji UAM, 2000) Skąpski, Michał
    Normative changes of essential character which have been introduced recently in the field of social insurance are also strictly related to the notion of a person assisting in economic activity. Respite o f the change of definition itself of such a person - its legal status has been maintained but it is much less favorable in comparison with the position of the employees in the domain of social insurance. Most important doubts arose around such a situation where - in conformity with normative definition - a person employed on a basis of employment contract is counted among the class of persons assisting in economic activity. Or, such a person - despite of the unquestionable fact of enjoying the status of employment - did not enjoy the same status in the field of social insurance. Such a factual state was maintained within the new insurance system. The Author analyses legal regulations in this juridical matter with reference to dispositions of particular laws since the sixties. He is also having recourse to respective decisions of the Supreme Court; some of his comments are critical. Finally the Author discusses the issues of retirement pensions and annuities, indemnities for an accident and other questions related to legal position of an employee, o f the family of an employee and o f persons assisting in economic activities who are relation to them.
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    NOWA REGULACJA USTAWOWA DZIAŁALNOŚCI GOSPODARCZEJ W POLSCE
    (Wydział Prawa i Administracji UAM, 2000) Kuciński, Jerzy; Trzciński, Zenon
    In tge beginning of their article the Authors present premises of voting and the range of regulation of the new law from November 19, 2000 - Law on Economic Activity and then they determine the notion itself of „economic activity” as understood in the new law together with principles of undertaking and performing it. Next they are occupied with a question how does this law shapes the role of an entrepreneur, his rights and duties, as well as with regulation of economic activity. The article is ended with an analysis of regulations comprised in the new law in relation to economic self-government and to the tasks of administration, both governmental and self-governmental.
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    UZASADNIENIA AKSJOLOGICZNE W ORZECZNICTWIE TRYBUNAŁU KONSTYTUCYJNEGO
    (Wydział Prawa i Administracji UAM, 2000) Kordela, Marzena
    Sentencing in cases of conformity of lower ranked normative acts with acts which are superior within the legislative hierarchy the Constitutional Tribunal is usually having recourse to three following types of motivation statements: descriptive statements (expresses in phrases), directional statements (in form of norms of behavior) and, finally, appraisals. Taking into consideration some visible regularities in citing appraisals by Constitutional Tribunal, or even sequences o f such appraisals given for to prove axiological rationality of the decisions taken by the Tribunal - one can distinguish characteristic types of such reasons; i.e. reasons based on interference of the type „from the whole to a detail”, reasons built up in so-called negative inferences, next - reasons based on inferences focused on „the essence itself’ of a given regulation, reasons based on inferences appealing to a „definition” o f particular values and also - reasons based on: inferences of reductive character, admitted spirit of consequence of the legislator in his appraisals, inferences based on preferential questions. Despite of such a heterogeneity (from formal logic up to the sphere of applying the law) all the above cited types of axiological reasons can be reduced to one scheme that prejudges their validity in law - since all them are provided with the quality of being rational and objective.
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    WOLNOŚĆ SŁOWA W ORZECZNICTWIE EUROPEJSKIEGO TRYBUNAŁU PRAW CZŁOWIEKA
    (Wydział Prawa i Administracji UAM, 2000) Redelbach, Andrzej
    Having recourse to concrete examples of cases in course before the Tribunal - the Author discusses evolution, nature and conception of human rights, human rights in the light of the principle of substitution and the system of protection of human rights in Europe. He is next analyzing the issue of freedom of expression in the light of the Constitution of the Republic of Poland and respective regulations comprised in the European Convention on Human Rights, as well as conceptual foundation o f limitations put on human rights in the jurisprudence of the Tribunal. The Author notes that decisions of the European Tribunal of Human Rights do distinguish between honesty and reliability as far as an evaluation of the results of the doings of journalists is concerned. The notion of conjunction between the ranges of significance of the honesty of journalists on one hand and of the reliability of information transmitted on the other - would inevitably lead to an absolutization of the truth and, moreover, would situate the responsibility o f a journalist for true informing - on a level higher than in scientific cognition. Or, even in scientific cognition the postulate of honesty is being absorbed by the postulate of scientific uprightness. The postulate of honesty is in relation with the postulate of clear formulation of statements. Just in this light must be evaluated all the duties and responsibility o f the mass media for press publications. Chief editors or publishers should honestly collect and then evaluate the sources of information and confront them with other means of establishing factual state of a matter. If we admit in practice of the mass media the existence of responsibility for establishing the truth in conformity with an obligation ensuing from the results - the right for free exchange o f opinions including the right to receive and transmit information would become only a formal ornament on the scene of autocratic regime.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Modrzewski, Jerzy
    Edward Hajduk, Układy społeczne i ich funkcje socjałizacyjne (zarys probłemów), Lubuskie Towarzystwo Naukowe, Zielona Góra 1999, ss. 145.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Herudziński, Tomasz
    Hans-Peter Martin, Harald Schumann, Pułapka globalizacji. Atak na demokrację i dobrobyt, Wydawnictwo Dolnośląskie, Wrocław 1999, ss. 298. Tytuł oryginału: Die Globalisierungsfalle, Rowohlt Verlag GmbH, Reinbek bei Hamburg 1996.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2000) Banaszak, Sławomir
    Peter F. Drucker, Społeczeństwo pokapitalistyczne, tłum. Grażyna Kranas, Wydawnictwo Naukowe PWN, Warszawa 1999, ss. 180.
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    STATUS WOJSK OBCYCH NA TERYTORIUM RZECZYPOSPOLITEJ POLSKIEJ
    (Wydział Prawa i Administracji UAM, 2000) Zwierzyńska, Agnieszka
    The author’s main objective was to present principles concerning the status of foreign military forces on the territory of the Republic of Poland which constitute, in its shape, realization (materialization) of the provision (resolution) included in article 117 of the Republic of Poland’s Constitution dated 2nd April, 1997. Complex formulation of solutions in this matter created a need to indicate principles included in an Agreement of a significant priority between the Countries-Parties of the North Atlantic Treaty Organization concerning the status of their military forces, signed on 19 June, 1951 (NATO-SOFA). Besides the principles decreed in NATO-SOFA, the author also discussed the principles concerning foreign military forces stay and translocations on the territory of the Republic of Poland. The scope of regulations in the said legal acts is very vast and the subject matter differentiated. Principles (rules) concerning performance of jurisdiction and rules regarding claims of civil charactrer are of the greatest importance. Moreover, the regulations refer, among other things, to border crossing principles, uniforms, weapons, customs and taxation issues. The state’s participation in structures of the community involves the neccessity to respect rules and principles constituted for its members. The importance of these rules acceptance as legally binding on the basis of the international agreements ratification should also be emphasized. Vast spectrum of the rules regulation means considerable changes in national law to which they have been „incorporated”. Expanding memberships in alliances and executing international treaties denotes univocally the intensive impact of the international law that exerts direct influence on internal, legal order of states. The natural consequence of these proceses is expressed in the acquisition of particular rights by the state, and also in undertaking obligations, the realization of which leads to more or less severe restrictions of the state’s sovereignty. Taking into consideration the above situation the article concentrates on the idea of sovereignty which being the value protected by the international law, in the presence of integrational proceses and intensified activity o f states, assumes a completely new meaning. Priorities of the international policy are changable whereas passiveness and isolation are not to be tolerated. The process of establishing the state’s security requires creativity of the Polish diplomacy, adoption of international standards, and approval of complementary procedures as stable and firm components of the internal law and respect „in concreto” o f the supremation of the international law standards.