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Prof. dr hab. Andrzej Powałowski
ORCID: 0000-0002-1232-0605

Employee of the Institute of Legal Sciences at the University of Kalisz. Author of publications on public business law. Attorney.

 
DOI: 10.33226/0137-5490.2024.7.1
JEL: K22

This publication is intended to indicate the need for structural and substantive changes to the Act – Entrepreneurs Law, which has already been in force for six years. This concerns, first of all, the abandonment of the regulation within this Law of the issue of control of entrepreneurs and lawmaking for the needs of entrepreneurs. Both of these issues are only partially related to entrepreneurs' rights, and mainly concern the implementation of functions and tasks of state bodies. Moreover, it seems appropriate to make appropriate adjustments to the legal status of an entrepreneur and to extend this status to (family) farmers, as well as to consider changes concerning the legal features of economic activity. Both the concept of an entrepreneur and economic activity should be appropriately synchronised with analogous concepts located in the content of other laws.

Keywords: law; entrepreneurs; control; farmer; economic activity
DOI: 10.33226/0137-5490.2023.7.1
JEL: K20

The purpose of the study is to demonstrate the legal nature of support for the social economy, including the identification of support entities and beneficiaries of support and aid measures. Such support is of a functional (subject matter) nature and is related to the general delineation of a number of activities aimed at all social economy entities, including social enterprises. Support for the social economy stems from certain premises of a legal nature, which include, in the first place, the constitutional principle of a social market economy and the public interest and social justice clauses arising from or connected with this principle. Support for the social economy is the task of public administration and voivodeship self-government. It is implemented with the use of financial but also organisational instruments and support programmes. The provisions defining the support for the social economy are highly imperfect, inconsistent and chaotic; they need to be systematised. The research carried out is a formal-dogmatic analysis.

Keywords: support; social economy; entities; premises; instruments; administrative bodies
DOI: 10.33226/0137-5490.2020.6.1

The extraordinary conditions in which entrepreneurs must function after the state of the epidemic was declared in Poland mean a deep crisis covering the entire economy. The situation forces the legislator to shape the law of "epidemic status" and the law of "economic crisis" accordingly. In Poland, such a law was made, it was given specific content, under which various support measures for entrepreneurs were indicated, as well as the competences of the bodies and institutions designated to take actions for the sake of entrepreneurs. It is necessary to determine whether the legislator's activities were adequate to the current situation, and in particular whether appropriate legal foundations for the functioning of entrepreneurs in the epidemic conditions were created. It seems obvious that the support for entrepreneurs should be considered as a state obligation, i.e. in fact as the obligations of many entities acting on behalf of the state. It becomes important to establish a list of these entities and to determine their role in the process of supporting entrepreneurs from the point of view of the assumed effects of their activities. What is also of much significance are the premises for the state's impact on the economy in the conditions of epidemic and crisis.

Keywords: support; epidemic; entrepreneurs; legislator; administrative bodies; institutions; premises; resources