Przegląd Ustawodawstwa Gospodarczego nr 11/2012

PRZEGLĄD USTAWODAWSTWA GORPODARCZEGO 11/2012

Spis treści

Aleksander Lipiński, Uniwersytet Śląski
Nowy rodzaj odpowiedzialności w prawie geologicznym i górniczym (analiza krytyczna art. 175)

Summary

New type of responsibility in Geological and Mining Law (a critical analysis of Art. 175)

Article 175 of Geological and Mining Law of 9 June 2011 (in force since 1 January 2012) establishes new type of pecuniary penalties that may be imposed on the:
- entrepreneurs performing the activity that requires the concession granted on the base of GML,
- mining plant managers
who are violating some obligations set up by the GML, referring to the safety standards.
The fine is to be imposed by the President of Higher Mining Authority. The amount of such fine depends on:
- the income of the entrepreneur (up to 3%, but such income can not be lower than 500.000 zloty),
- the salary of the mining plant manager (up to 300 %).
The main problem of the above regulation is the fact that the legislative process used in passing it (introducing it into the above Act) violated constitutional requirements.

Bartłomiej Nowak, Akademia im. Leona Koźmińskiego
Znaczenie rezerw (zapasów) gazu dla bezpieczeństwa energetycznego kraju – na przykładzie „ustawy o zapasach”

Summary

Importance of gas stocks for State energy safety exampled on „act on reserves”
Certain tasks related with securing the economy against problems resulting from disruptions in supplies of energy carriers, are shifted from state administration onto energy companies. The Act on stocks, on the basis of which entrepreneurs involved in the importation of natural gas from abroad or trading in gas are obliged to maintain appropriate quantities of gas in storage facilities, is the best possible example of this. While causing a certain amount of controversy in the energy industry environment, it is still a desirable legal regulation from the point of view of performance of tasks in the area of a country’s energy security.

Jacek Kołacz, Uniwersytet Jagielloński
O możliwości sądowego dochodzenia przez inwestorów prawa do informacji w postępowaniu przed sądem powszechnym

Summary

Civil law “information claims” as a mean of carrying out investor’s right to obtain information on a capital market

The so-called “information claims” idea derives mainly from the sphere of intellectual property law being a rather well-established instrument of its enforcement. Civil lawsuits filled with a courts on a basis of such claims are usually aimed to obtain information substantial for the subsequent damages proceedings. Consequently, receiving information as a result of such claims is commonly seen rather as a mean of achieving a final goal than as the goal per se. However, one may ask if it was hypothetically possible to treat the information as a direct aim of a civil proceeding? Such approach may be especially beneficial in case of a capital-market-related claims filed by investors seeking e.g. access to unrevealed price-sensitive information that a public company should have disclosed due to the capital market regulations. This present paper discusses advantages as well as disadvantages of such approach basing on both theoretician’s and practitioner’s view.

Małgorzata Burzyńska, Akademia im. Leona Koźmińskiego
Paweł Dąbrowski, Akademia im. Leona Koźmińskiego
Przeszkody administracyjne egzekucji z rachunków bankowych i wkładów oszczędnościowych

Summary

The hindrances of administrative execution from banking accounts and deposits
The execution form the bank acount and deposit kept by the credit unions appears to be the most popular administrative execution measure. This article is going to explore the hindrances of the measure at question assumed as hindrences solely, but not the obstacles of the administrative execution as such. The key regulation of that topic is the Law of June the 17th, on Executive Proceeding and the Law on June the 29th 1997 the Banking Act. The proper qualification of the assets on the bank accounts determined by the Civil Code is a crutial factor as well, although hardly ever elaborated on in this context so far. The first point is to focus on is delivery of the administrative order to the proper address. This point needs clarification whether in case of the bank operating through branches it's enough to deliver the order to the headquarter or it's necessary to delicer it to the proper branch. Anothet issue is to define the proper address for delivery to the virtual bank. In case of execution from the bank account owned by the merried couple it must be identified to whom the money on the bank account belongs. The type of account also seems to be substantial issue since not every account is free from execution, even to certain extend. Therefore the problem of hindernce of execution stemms from several issues: the source of money, the type of bank account, the procedural conditions met in the course of execution. Authors made the attempt to identify and explain those hinderences and to suggest new explenation of the rationlaity behind them.

KONSULTACJE

Bartosz Pawlak, Uniwersytet Warmińsko-Mazurski w Olsztynie
Udostępnienie wiedzy i doświadczenia w postępowaniu o udzielenie zamówienia publicznego

Summary

Providing knowledge and experience in the procedure for public procurement
The theme of the considerations made in the article is to analyze how to share knowledge and experience in the course of proceedings for a public procurement on the terms set out in art. 26.2b PZP. Consideration was preceded by remarks on the ratio legis of ort. 22.1 point 2 PZP. and art. 26.2b PZP, the concepts of knowledge and experience within the meaning of art. 22. 1 point 2 PZP, and the persons involved in the execution of public procurement. This allowed to identify the possible consequences for the adoption of views and opt for one of them.

KONFERENCJA

Ogólnopolska Konferencja Naukowa “Regulacja-innowacja w sektorze energetycznym
Kraków 18-19 września 2012 r.