Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1999, nr 2
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Item WYDZIAŁ PRAWA W LATACH 1919 - 1990(Wydział Prawa i Administracji UAM, 1999) Olszewski, HenrykThe Faculty of Law and Administration of the Adam Mickiewicz University in Poznań has come into existence on May 7,1919, together with the University as a whole. The Author describes organizational beginnings involved with creating the Faculty and cites the names of many eminent professors engaged in the cause as well as primary localization of its particular organizational units and, also, methods of recruitment and teaching students within the period before the World War II. After a presentation of main researches done under the auspices of the Faculty, the Author recalls first honoris causa doctorates and initiation of co-operation with foreign academic centres in France, Belgium, Italy and Spain - what was a sign of increasing prestige of the Faculty. Next the Author draws up vicissitudes o f the Faculty and its employees in the period of World War II as well as first, very difficult years of the reconstruction of scientific and didactic basis after the nazi occupation (first academic year was shortened and lasted from April 15 to September 31, 1945). Succesive years of communist indoctrination and „politization” of universities have left their heavy imprint on the Faculty; courses and conversatories found „needless” have been abolished, professors found „superfluous” were pensioned regardless their age. This short historical survey, with particular reference to such dates as 1956, 1958 and 1968, is ended by the Author with a presentation of the Faculty situation on the turn o f the eighties and the nineties and, on this general background, the position of the Faculty within new social and economic factual circumstances is also discussed.Item WYDZIAŁ PRAWA I ADMINISTRACJI U PROGU XXI WIEKU(Wydział Prawa i Administracji UAM, 1999) Zieliński, AndrzejOn the occasion of eightieth anniversary of the Faculty of Law and Administration of the Adam Mickiewicz University in Poznań - the Dean of the Faculty has stressed the fact of dynamism as characteristic feature of teaching law. Such a dynamism does follow civilization changes of the very end of the present century. However, when citing not without some pride the number of habilitated doctors issued and still involved with the works of the Facility (i.e. 65), the Dean has in the same time warned that a generation gap becomes more and more visible within the staff of scientists - being done that many present professors have already terminated or shall terminate soon their didactic activity. Then the Dean reviewed shortly international co-operation of the Faculty and more particularly - with German academic centres (Frankfurt/Main, Bamberg, Bayreuth, the Max-Planck-Institute in Munich, the Asser Institute in the Hague). The Facultys’ membership in the European Association o f Law Schools shall be favourable for to develop such a co-operation. Discussing new principles of forming students and modem didactic methods, the Dean mentioned in particular plans of creating some new organizational units within the framework of the Faculty - for instance: department of human rights or department of social law. Finally, the Dean expressed his hope that a modernization and bigger concentration of material and technical resources of the Faculty shall enable in the future a realization of designated didactic and scientific aims in a more and more perfect way.Item WPŁYW PRAW CZŁOWIEKA NA WYMIAR SPRAWIEDLIWOŚCI RZECZYPOSPOLITEJ POLSKIEJ(Wydział Prawa i Administracji UAM, 1999) Redelbach, AndrzejThe article is a result o f research made on operational mechanism o f the European Convention on Human Rights which has brought acceptance b y sovereign States o f some general norms that serve as security for the rights o f persons residing in the territory o f their exclusive ju r isd ic tion. The 1997 Constitution o f the Republic o f Poland is close to formulations o f the European Convention in the construction it s e l f o f human and citizens’ rights. Respective dispositions o f the Convention are presently d irectly applied w ithin the n ational legal system. In case o f a concurrence o f dispositions o f law, the priority belongs to the provisions o f the Convention (Article 91 o f the Constitution). The Author discusses next the human rights’ nature and forms o f introduction o f the latter into Polish legislation, as well as the position o f Poland within international system o f human r igh ts’ protection. In f inal part o f the article the Author is occupied w ith the p roblem o f application o f law in present circumstances in Poland - after system transformation o f the nineties.Item ORGANIZACJA JEDNOŚCI AFRYKAŃSKIEJ W PROCESIE POKOJOWEGO REGULOWANIA SPORÓW MIĘDZYNARODOWYCH W AFRYCE(Wydział Prawa i Administracji UAM, 1999) Sidi Diallo, BoubacarThe Author discusses the genesis o f the Organization o f African Unity, its aims and operational principles as well as, next, its structure and regulations on membership. Then the nature of international litigation in African continent and the role of the Organization in its settlement (against general historical background) are presented. Finally, the practice of African States in the process of settlement of international litigation as well as the contribution of the OAU to this process are discussed - with a series of concrete examples of such conflicts. 20 T.Item PRAWA PRACOWNICZE KOBIET W NORMACH MIĘDZYNARODOWEJ ORGANIZACJI PRACY I WSPÓLNOTY EUROPEJSKIEJ(Wydział Prawa i Administracji UAM, 1999) Buchowska, NataliaThe Author has divided the existing legal regulations of the above mentioned institutions in three categories, and more particularly: - legal acts of protective nature, corrective legal acts, and - anti-discriminatory acts. Then the Author is occupied with some concrete provisions on elimination o f discrimination, provisions to guarantee equal salaries and protection o f women’s labour. According to the Author’s opinion the regulations bom within the ILO system are sufficient to guarantee a protection of work and an observation of women’s rights in work relations and as well they are also sufficient to secure equality o f rights of women and men. The norms adopted within the law of European Communi ties are in full conformity with standards elaborated by the ILO and in certain cases they are even superior.Item KONTROWERSJE WOKÓŁ PRZESTĘPSTWA PODOBNEGO(Wydział Prawa i Administracji UAM, 1999) Rybak, AgnieszkaPointing out two different definitions o f such an offence in old (1969) and present (1997) penal codes, the Author attempts to answer the question what does this change mean and what are its consequences for the Polish system o f penal law. Two fundamental trends in defining objective similarity of acts are then described: firstly - on a basis of comparison o f particular types of prohibited acts and, secondly, on a basis of the precise object of violence attempted. The role of principal and secondary object of protection, so far as defining of objective similarity of offences is concerned, is also discussed. Also the perpetrator’s way of acting as a criterion for defining similarity and the importance of the fact that given offences were directed against an interest of nearing kind which is protected by law - have attracted attention of the Author. When citing particular regulations, the Author indicates concurrence of legal rules and appreciates its role in fixing up objective similarity o f offences. Finally, the Author formulates her suggestions to the address of judicial decisions: how to proceed in what concerns the adoption o f legally proper qualification o f a given act.Item WPŁYW NOWYCH KODYFIKACJI KARNYCH NA USTAWĘ O PRAWIE AUTORSKIM I PRAWACH POKREWNYCH(Wydział Prawa i Administracji UAM, 1999) Gerecka-Żołyńska, AnnaThe main criminal rules included in intellectual property law are discussed in the paper and, then, the necessity of their changes is shown. The comparison of the new penal code acts to those of intellectual property law - which indicates reiteration of some of them - is presented. The necessity of prosecution forms’ modification is also shown in the paper. Presently, in most of the cases accusations acts are brought into the court by a victim, but - when considering the nature of the offences - they should be prosecuted by the police or public prosecutor. As it was shown - the implementation of the new penal procedure institution, namely of mediation, can be very beneficial for the legal system. It was pointed out that many legal acts must however be modified in order to harmonize Polish legal system with European Union regulations.Item KARALNOŚĆ USIŁOWANIA NIEUDOLNEGO(Wydział Prawa i Administracji UAM, 1999) Dębski, RyszardThe Author - starting his considerations from a discussion of primary legislation that took into account only an alteration in outer world (no alteration = no punishment) - gives a survey of the revolution of dispositions of law within the scope of attempt to commit an act which is illegal (i.e. anti-social act) - and this - beginning from Roman law. Particular theories are then discussed (objective and subjective attempt theories, material theory, abstractive-objective theory, formal-objective theory, material-objective, general-objective and, finally, individual-objective theories). Among recent theories the concrete-objective one and the theory of a gap in essential factors that statutorily constitute an offence are mentioned. Differences between absolutely inapt attempt and relatively inapt one - what is a result of inappropriateness of the instrument of crime used in its real, qualitative, local or quantitative aspect - are also presented. When characterizing particular terms of this question the Author analyses the notion of inapt attempt against the background of rich literature of the subject and terminates his considerations with an evaluation of correspondent provisions within the newest Polish penal code that got into force in 199?. 98Item DZIECIĘCA PROSTYTUCJA HOMOSEKSUALNA I PEDOFILIA(Wydział Prawa i Administracji UAM, 1999) Lisiecki, MirosławThe phenomenon of child’s prostitution and of the ensuing from it paedophilia increases constantly proportionally to deepening discordance between welfare and poverty and to still growing up moral relativism. Essential is also the question of emancipation of sexual behaviour recognized up to the present as being deviated (for instance: acceptance for official existence of gay’s organizations). The Author points out a series of problems which have an imminent link with certain part of the gay’s milieu; its member can - through a violence of legal rules, morals and morality - exert their criminogenic and wictimogenic influence on their social milieu. The Author, by the way of his considerations, devotes much place also to unlawful heterogenic contacts, to the phenomenon of sexually abused juveniles within their families and also - to juvenile prostitution and adequate means of preventing such a trade.Item ZABEZPIECZENIE NIEMIECKIEGO POSTĘPOWANIA KARNEGO PRZECIWKO POLSKIM OBWINIONYM(Wydział Prawa i Administracji UAM, 1999) Scheffler, UweAs well the accession of Poland to some more important European conventions as several bi-lateral agreements concluded between Germany and Poland have together created a possibility of conducting penal proceedings in „normal” mode. One should hope that future membership of Poland in the European Union shall bring further progress in this scope. However, it is easier to cope with transborden crime already today if we have recourse to special possibilities presented in the above article. In relation with foreigners there are often better possibilities in this respect than in case of German citizens, and particularly in what concerns a detention awaiting trial and means securing a possibility of proceedings by writ or payment. It is to be noted here, however, that the application of such proceedings is not at all deprived of difficulties - because of the principle of the State of law. After the admission of Poland to the European Union a problem of discrimination of foreigners can emerge here - in relation with the Art. 3 al. 3 of the German Constitution (conf. Art. 6 al. 1 of the Treaty of the European Unions). Naturally, we must take into consideration the circumstance that Polish penal proceedings’ code does often foresee in case of foreign defendants some means that are even more far-going: a detention awaiting trial can be applied already because of the fact that a defendant does not possess in Poland his own permanent domicile (Art. 258 par. 1 point 1 of the penal proceedings’ code).Item CHARAKTER PRAWNY UZNANIA DZIECKA(Wydział Prawa i Administracji UAM, 1999) Haberko, JoannaThe paper relates to legal character of fathering a child by his natural father. This act is a typical act in the law. It is a personal action of the acting subject though for its effectiveness a consent of some persons defined by the law is needed. A declaration deposited does confirm the existing state of facts which is an effect of previously occured events. Factual state acquires in the act of fathering its legal convalidness and subjects of such a legal relationship do acquire rights and obligations. One can not deny that an act of fathering a child has a quality of legal action which contains as well a declaration of will as, in the same time, a statement of knowledge. This act is determined by the legislator in provisions of the family and guardianship code, however it is not in full conformity with the acts as defined within the civil code. Such a solution is nevertheless the effect of conscient standpoint of the legislator who resigns good solutions comprised in civil code (and concerning general civil relationships) for the benefit of better solutions which do more adequately meet family relations.Item WŁAŚCIWOŚCI ZACHOWANIA SIĘ WIELKOŚCI EKONOMICZNYCH W CZASIE CYKLU KONIUNKTURALNEGO W POLSCE(Wydział Prawa i Administracji UAM, 1999) Gaweł, AleksandraThe Author discusses peculiarities of foundamental parameters of the economic life under business cycle in Poland during the recent period of system transformation. In this respect an analysis of interdependences in fluctuations of the National Gross Product - seen as a referential sequence - and of such parameters as factory prices and consumer’s prices, profits of the enterprises, investments and, finally, money supply. Thanks to this proceeding a pro-cyclic or anti-cyclic character of correlations between all of these data could be determinated. Additionally, mutual relations between production and consumption, production and investments, employment and salaries, savings and investments, as well as between budget outcome and foreign trade balance - have been presented in the article. The whole of this analysis was to indicate whether the regularities taking place within the business cycle in Poland do really correspond with phenomenons proper to higher developed market economies. It came out however that there are only a few of common features. A business cycle under transformation period has rather its own specificity which is well apart.Item MEDIACJA I ARBITRAŻ JAKO PRZYKŁAD INTERWENCJI TRZECIEJ STRONY W NEGOCJACJACH GOSPODARCZYCH(Wydział Prawa i Administracji UAM, 1999) Kowalczyk, ElżbietaThe Author in her article analyses mediation and arbitration processes in order to present all factors that characterize both of these forms of intervention of a third part and, against this background, carries out a comparison of them. The point of the interest here is to establish a possibility of using mediation and arbitration in Polish market economy circumstances. Having appeal to graphic means the Author visualizes connections between the mediation process and negotiations; particular phases of mediation as well as of negotiations are described. An analysis of a model of an effective mediator entered too the area of interest of the Author; a characterization of such a model as seen by several other researches is given. In what concerns the arbitration we can find a comparison of this solution with the mediation and with a trial. An analysis of advantages and disadvantages of arbitration as a method of settlement of a litigation is also an important point of the article.Item CZYNNIKI WPŁYWAJĄCE NA POWSTAWANIE SPÓŁEK PRACOWNICZYCH(Wydział Prawa i Administracji UAM, 1999) Zwierzchlewski, SławomirWithin privatization processes carried out presently in Poland the staff companies are very popular. The article attracts attention to three factors which contributed to development of this form of privatization, and namely: development of the staff’s self-government, institutional support for this kind of privatization and legislative solutions that enable foundation of companies of typical staff character. The law (dated September 25, 1981) on State owned enterprises gave a strong impulse for the staffs of these enterprises, what had for its result the fact of frequent using of privatization by the staffs’ companies after the beginning of the system transformation process. In Autumn 1989 the Union of the Staff’s Property has been created; the Union has derived the patterns from American plans of the staff’s capital shares (the so-called E.S.O.P.) which were occupied with purchasing and distributing of the enterprises’ stock among their employees (i.e.: staff). The popularity of the staff’s companies is still enhanced with legal and financial preferences for to found such companies. The preferences have been created within the framework of the so-called leasing - bom privatization.Item FUNDUSZE INWESTYCYJNE W POLSCE W ŚWIETLE ZMIENIAJĄCYCH SIĘ PRZEPISÓW PRAWA(Wydział Prawa i Administracji UAM, 1999) Łabowski, KrzysztofDuring a dozen or so last months in Poland a series of changes in the legislation has been carried out. All of them have an essential influence on functioning of the whole financial system. The Author discusses foundamental new regulations that are distinct from the previously binding provisions as well as the most important issues of the funds operation. Main distinct regulations of the new law are: distinguishing of four basic kinds of the funds, new definition of the investment fund, introduction of conception of a fund based on two separated subjects of rights, detailed definition of control functions of the depositary, increasing of the role of the funds’ statute, introduction of funds register, definition of three foundamental aims of investment funds. Further the Author analyses the details of: regulations concerning subjects managing the assets of funds, provisions on depositaries, organizational and functional structure of subjects engaged with funds’ service, precaution norms that are obligatory for the activity of funds, particular types of funds, their limitations in investing and obligations to keep informed, and, as well, the provisions concerning takings over, liquidations and transformations of investment funds.Item PREFERENCJE GOSPODARSTW DOMOWYCH I FIRM W ZAKRESIE ZAKUPU UBEZPIECZEŃ EMERYTALNYCH(Wydział Prawa i Administracji UAM, 1999) Garczrczyk, JózefDuring the researched period of the two last years: - in the opinion of persons managing household budgets the most important element of a retiring insurance is the credibility of a given insurance company and the amount of insurance premium (45 per cent). It is to be noted the growing importance of the premium amount and of the fact after how many years the pension should be available. Decreasing is the role of anti-inflationary measures and of the range of a given an insurance. Relatively least importance is still attached to a possibility of depositing an insurance in quality of a pawn in a bank. The same - for the manner of payment of retirement pension and for the frequency of insurance rate; - reliability of the insurer is being stressed more often by the professionals, persons from higher income households or those who claim their wealth level being high (55-65 per cent). The insurance premium amount is of bigger importance for the elderly, the less educated, the unpropertied and the pessimists; - percentage of those who are interested in possessing their private pension for retired has recently increased. However, relatively few persons do possess such an insurance (every tenth person) despite enough financial means for that aim. Relatively large group of the undecided has been separated (up to 15 per cent). A wish of possessing private retirement pension is thebigger the higher is education level of a person, the bigger are the wealth and income level of the household; average amount of the declared insurance rate is 118 PLN monthly. This sum increases together with education level and earnings of particular members of a household; interest the firms have in possessing a group insurance passed with an investment fund is now expressively bigger. An intention to start such a kind of insurance is being expressed by every third firm and almost every tenth is already in possession of it.Item CECHY I EFEKTY RESTRUKTURYZACJI BIPOLARNEGO ROLNICTWA POLSKIEGO W WARUNKACH TRANSFORMACJI SYSTEMOWEJ(Wydział Prawa i Administracji UAM, 1999) Kociszewski, JerzyThe agriculture of ZZiP (North and West Territories of Poland) undergoes double redevelopment. The first one, 1945 - 1958, is connected with settlement and farm implements after the war and consists in the experiment of basing agriculture on the socialized property; it was continued to 1989. The second one is being performed at present and its content is the privatization of public properties and shaping, once again, new agrarian structure based on family farms. Considering the results of the socialization process it seems indispensable to adopt the State control (in the period of transition) over the rebuilding of agriculture and accumulation - for the benefit of its development in order to consolidate its economical and national identity through a system of preferences and allowances.Item KORZYSTANIE Z PORNOGRAFII AGRESYWNEJ A PRZEMOC SEKSUALNA - ZALEŻNOŚĆ POZORNA CZY RZECZYWISTA?(Wydział Prawa i Administracji UAM, 1999) Krawulska-Ptaszyńska, AnnaThis article makes a review of previous studies engaged mainly to prove the pornography - aggression relationship. Question asked the most frequently in these studies, connected with the problem of pornography consumption, was the following: is pornography able to lead to antisocial behavior against women? This article attempts also to analysis obtained results (experimental outcomes and statistical data came from sexual crime statistics made for countries in which pornography is not restricted). According to this analyse, it is possible that, so far, we do not have fully convincing evidence to prove the main thesis - that pornography really provokes changes in men’s attitudes and behavior towards women.Item PRZEGLĄD PIŚMIENNICTWA(Wydział Prawa i Administracji UAM, 1999) Górawski, JanWładysław Balicki, Makroekonomia, Wydawnictwo Wyższej Szkoły Bankowej, Poznań 1998, ss. 219.Item SYTUACJA EKONOMICZNO-FINANSOWA POPEGEEROWSKICH GOSPODARSTW ROLNYCH W WIELKO POLSCE I W POLSCE(Wydział Prawa i Administracji UAM, 1999) Czyżewski, A.; Grzelak, A.; Jankowiak, J.The main aim of this study was to evaluate economic situation of the ex-state farms in Wielkopolska Region and in Poland. In the article used are the results of research conducted by the Authors and by the Institute of Agriculture and Food Industry Economics. The paper includes four parts. The first one presented range of the research and the methodology adopted. The second part includes analysis of the production factors in studied farms. The subject of the next chapter was economic situation in restructured units. The last part is a resumé. The main thesis of this article is the statement that ex-state farms in Wielkopolska have reached relative more profitable economic results than other such farms in the country. Moreover it is pointed that the future development units created on the base of the state farms is dependable except on insiding circumstances also on macroeconomic factors what was reflected in worsening profitability of these farms in 1997 during a recession in agriculture.