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EN
The ADR Act of 23 September 2016 addressing consumer dispute resolution implements the EP and EC ADR Directive of 21 May 2013 regulating consumer dispute resolution, and EU and EP Regulation 524/2013 of 21 May 2013 on Online Dispute Resolution in Consumer Disputes. The aim is to give consumers who engage in dispute resolution with business entities an option to apply to legal entities that offer independent, impartial, transparent and effective facilities of amicable dispute resolution. The aim is also to equip entrepreneurs with a necessary tool to avoid costly and prolonged court proceedings against consumers. This article discusses how the Act regulates the substance, commencement, conduct and conclusion of the proceedings in out-of-court settlement of consumer disputes.
EN
The subject of the article is an attempt to define an entity identified as “an entrepreneur who has connected facilities to its network” within various organizational and legal forms, in which services in the field of water supply and sewage disposal are provided. The author recognises some difficulties in judicial practice when it comes to determination of an entity obliged under Article 49 para. 2 of the Civil Code to acquire property of transmission facilities. In the author’s opinion, the determining factor in resolving this matter is the fact which entity owns devices included in the network.
Prawo
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2017
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nr 323
223-233
EN
The Union Customs Code, the delegated regulation, and the implementing regulation contain a wide array of facilitations for entrepreneurs trading in goods. The major role is played by the Author­ized Economic Operator (AEO) and the Binding Tariff Information (BTI), which provide numer­ous benefits for the entities conducting the international trade in goods. Nevertheless, despite num­erous advantages both institutions provide other solutions which are less beneficial for the entities enjoying them; for example, acomplicated audit procedure followed when issuing AEO permits, and “the prohibition on purchasing” Binding Tariff Information, which has been recently introduced.
EN
The article analyzes the entrepreneurial attitudes and behaviors of students in selected European countries. The results of an international study of entrepreneurship among full-time students (SES 2006) are presented, along with a theoretical discussion of entrepreneurship in the context of economic theory. A comparative analysis method is used. The entrepreneurial activities of students and their plans to start their own business in the future are analyzed. Kunasz also looks at barriers to putting these plans into practice and evaluates students’ readiness to start their own business. He tries to determine why students opt for a particular type of business activity. The results obtained in the study indicate that, compared with their counterparts in other European countries, Polish students assess their entrepreneurial potential as high and tend to gain their first professional experiences while still in college. Most of them want to work for a private company in the future; however, the prospect of working in a state institution or running one’s own business is also described as attractive. The main criteria in this area include self-fulfillment and job satisfaction, pay, and opportunities for professional growth. Potential barriers include lack of familiarity with procedures for starting one’s own company and difficulties in obtaining funds to start up a business. Still, Polish students are optimistic in evaluating their professional prospects and expect that their careers will quickly gain momentum once their prospective businesses get off the ground.
EN
The legal situation of entrepreneurs in Poland is determined by a huge number of normative acts. However, the legislator’s interest in entrepreneurs and economic activity should not come as a surprise. Indeed, an economically conscious state cannot afford to be indifferent to the entrepreneur and, even in a market economy, should normatively regulate the rules for undertaking, performing and terminating economic activities and shape the rights and obligations in this regard. It must also be remembered that the matter to be regulated is very broad, complex and multi- faceted, and the law must take into account the enormous diversity of relationships, roles, events and facts in which the entrepreneur functions in connection with their economic activity. On this basis, it can be assumed that the law that determines the rules for undertaking, performing and terminating economic activities is natural and necessary. Nevertheless, it should be clearly emphasized that the quality of the law shaping the situation of entrepreneurs and their economic activities should be prioritized as an overriding and fundamental value – the appropriate quality of the law (i.e., properly enacted and applied) is a sine qua non of economic development, while a lack of quality in the sphere of lawmaking and application makes it difficult or even impossible for entrepreneurs to function, and thus leads to stagnation or regression in the economy. The study is focused on the guarantees of the quality  of lawmaking and application empowered by the Act of 6 III 2018 – Entrepreneurs’ Law. Analyzing the provisions of this act makes it possible to identify the regulations focused on the quality of lawmaking and application. The study also aims to answer the question: Can the guarantees set out in this Act contribute to improving the quality of lawmaking and application of the law on the undertaking, conduct and termination of economic activity?
EN
According to research, training of employees in the sector of small and medium-sized enterprises is the area of human resource management in which decisions are made in a random manner. In Poland, less than half of the entrepreneurs invest in their employees’ competencies, even though it is established that there is a definite relationship between this activity and companies’ effectiveness and innovation. One reason for this kind of entrepreneurs’ attitude to employees’ development is the lack of strategic vision of the company and the consequent focus on customers’ needs. An employee training system should be designed to remedy the lack of employees’ competences that support business objectives. This study presents the results of research carried out among business start-ups. Its purpose is to determine whether the respondents have developed the “customer orientation” competence. The low level of this competence, according to this approach, results in low involvement in the development of employees.
PL
Jak wynika z badań, szkolenie pracowników w sektorze małych i średnich przedsiębiorstw jest tym obszarem zarządzania ludźmi, w ramach którego decyzje podejmowane są w sposób przypadkowy. W Polsce mniej niż połowa przedsiębiorców inwestuje w pracowników, mimo że ustalono niewątpliwy związek tych działań z efektywnością i innowacyjnością firm. Jedną z przyczyn małego nastawienia na rozwój pracowników u przedsiębiorców jest brak strategicznej wizji funkcjonowania firmy i wynikającego z tego nastawienia na zaspokajanie potrzeb klientów. Szkolenia mają służyć uzupełnianiu braków kompetencyjnych pracowników, które wspierają realizację celów biznesowych. W niniejszym opracowaniu przedstawiono wyniki badań własnych przeprowadzonych wśród osób rozpoczynających działalność gospodarczą. Celem ich jest sprawdzenie, czy badani posiadają ukształtowana kompetencję „orientacja na klienta”. Jej brak, zgodnie z przyjętym założeniem, skutkuje niskim zaangażowaniem w proces rozwoju pracowników.
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EN
This article discusses how to use the right to public information by entrepreneurs in Poland. The aim of the right to the access to public information, which was specified in Article 61 of the Constitution of the Republic of Poland of 2 April 1997 and the Act of 6 September 2001 on the Access to Public Information, was to enable citizens to have the access to public information. Currently this right is more frequently used by entrepreneurs in Poland as a tool to obtain information used in their business activity. In addition to public information obtained by entrepreneurs via the website of the Public Information Bulletin, entrepreneurs use for this purpose the procedure of a public information request.
EN
Selected opinions on entrepreneurship from catholic social thought are described in the article. Catholic Church in her teaching treats entrepreneurship favorably, but seldom actively encourages to it. Catholic social teaching indicates that entrepreneurs as well as managers or other decision makers in the economy should take common good, human dignity and their own fulfillment as their goals. Profit, being the first indicator of effectiveness of the business is just a means to accomplish goals, not a goal itself. Entrepreneurs and business leaders often encounter dilemmas where there is no ready answer. Entrepreneurship is a vocation enabling building virtues such as: courage, creativeness, community building and practical realism.
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Content available remote On the essence of entrepreneurship and its preconditions
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EN
Numerous contemporary theoretical studies of entrepreneurship formulate the view that entrepreneurship may be described not only by the domination of a measureable economic goal, but also - to use Ludwig von Mises' definition - by the causal principle. This article is an interdisciplinary attempt to explain the essence of entrepreneurship as well as the diversity and variation of its preconditions. It focuses on an attempt to analyse causal orientation in the activity of the entrepreneur, which is complementary in relation to goal orientation. The attempt to explain the preconditions of entrepreneurial activities implies the possibility of a multifaceted description of man and his environment, where creative freedom holds a special place.
PL
Współcześnie, w licznych studiach teoretycznych z zakresu przedsiębiorczości formułowany jest pogląd, że kategoria przedsiębiorczości to nie tylko kategoria, w której dominuje wymierny cel ekonomiczny, ale również - używając określenia Ludwika von Misesa - zasada przyczynowości. Artykuł jest interdyscyplinarną próbą wyjaśnienia istoty przedsiębiorczości oraz różnorodności i zmienności jej uwarunkowań. Koncentruje się na próbie analizy orientacji przyczynowej w działaniu przedsiębiorcy, która posiada komplementarny charakter w stosunku do orientacji celowościowej. Próba wyjaśnienia uwarunkowań przedsiębiorczych działań implikuje możliwość wieloaspektowego opisu człowieka i jego otoczenia, gdzie kreatywna wolność zajmuje miejsce szczególne.
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EN
Writing and speaking about court bailiffs is rare, if any, before the election or on some occasional matter. In the media it is difficult to find news about the success of bailiffs, those that appear are related to scandals with their participation. For many, a bailiff is a profession of a special caste with undetermined belonging. The average Pole is not aware whether the bailiff is an official, public official or selfemployed entrepreneur. "The question of who needs this profession and what its status should be (...)"; appears rarely or does not appear at all. Therefore, the author wishes to consider or approach the question whether the profession of court bailiff should belong to the category of civil servants or whether or not - as many other professions should be treated as non-agricultural economic activity.
EN
The contents of this article introduces a Polish entrepreneur, legally acting as a natural person, to the conditions under which he/she may be granted a tax relief for purchasing new technologies in order to realize innovation projects. In the article, a list of legal determinants regarding the issue of a new technology relief and the one who is subject to it has been presented as well as a ”map” of the currently available Polish governmental and scientific institutions which help the entrepreneur with preparation and carrying out of the innovation projects in his companies. The article aims at indicating a possible participation of the state in the costs of innovation enterprises to, especially, small firms and sole traders, which can encourage the entrepreneurs to consider their possible use of tax relief for new technologies and contribute to the development of knowledge-based economy.
EN
This paper aims to summarize the main theories from socio-cultural or institutional approach to encourage the creation of new businesses. Given this context, it raised the importance of theoretical study of the factors that influence decision making in the development of new businesses and how it affects the environment in which they operate the same business. The research method used was to review the existing literature by analyzing the major theories involved in the creation of companies, emphasizing the socio-cultural approach. The analysis concludes the activity of entrepreneurship to encouraging the creation of companies, being an important factor in economic development.
EN
The scale of enterprise existing in Poland in proportion to other EU countries is generally comparable. However, it does not mean that either Polish or EU's legislators should stop efforts to increase the pro-entrepreneurial activities. The number and size of enterprises operating in the market has influence on both the number of employees, and improvement of living conditions. Therefore it is important to make every effort to ensure that not only the procedure for establishing a business, but also raising funds for such an assumption, would be easier (retaining adequate warranties). Professional training, stimulating programs, and law guidance could be used as motivating factors.
EN
The author analyzes the amendment of art. 49 of the Code of Criminal Procedure and presents several aspects of rights granted by the Code of Criminal Procedure to the entrepreneur. The article contains a review of previous problematic provisions of the CCP and describes the new course of reform, which granted the status of aggrieved party to state institutions and local government institutions. The author also emphasizes the role of delivery documents to entrepreneurs as they participate in criminal procedures as an aggrieved party. According to the new art. 304b CCP, written notice of the offense determines not only the elements of the offense but also specifies the identity of the victim by entering the address for correspondence, which in the course of further proceedings allows the authorities to take further procedural steps.
PL
Podczas przygotowań do mistrzostw Europy w piłce nożnej 2012 (Euro 2012) pojawiło się wiele wątpliwości co do rzeczywistego bilansu kosztów i korzyści dla organizatora. Imprezie towarzyszyła intensywna promocja poszczególnych regionów, zwłaszcza za granicą. W efekcie można było przewidywać poprawę pozycji konkurencyjnej zarówno regionu, jak i funkcjonujących tam podmiotów. Badanie, czy Euro 2012 miało wpływ na region Pomorza przeprowadzono dwutorowo. W pierwszej części potencjał wzrostu został określony na podstawie badań ankietowych przeprowadzonych wśród przedsiębiorców. Druga część badań dotyczyła gotowości osób zarządzających z sektora MSP do zwiększenia aktywności w celu podniesienia pozycji konkurencyjnej własnej firmy.
EN
In the course of preparations to the 2012 European Football Championship (Euro 2012) many doubts have arisen as to the actual cost-benefit balance affecting the hosting country. The event is accompanied by intense promotion of the agglomeration and the region, especially abroad. In effect, one can anticipate the competitive position of both the region and the businesses operating there to improve. The investigation whether the Euro 2012 will have an impact on the Pomeranian Region was conducted twofold. In the first area, the short run increase in business activities were investigated using the field research among the entrepreneurs. The second part of research was focused on the growth willingness of entrepreneurs.
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EN
Most of the nineteenth-century historians from Cracow did not pay particular attention to Jewish residents. Cracow in the late nineteenth and early twentieth century was an economically developing city. The new investments had been taken and purchased, so that Cracow was seen as a modern and friendly city for its inhabitants. In 1848–1914 a new model of entrepreneur was created in Galicia. Some entrepreneurs from Cracow were taking innovative actions and focusing on development. The enterprises have been transformed in such areas as the ownership, production and organization. The large group of entrepreneurs among the Cracow inhabitants constituted the Jewish population. The subject of this article is to outline the characteristics of the activities of Jewish entrepreneurs in Cracow.
EN
The aim of this article is to evaluate the new provisions extending consumer protection to entrepreneurs who are natural persons. While the purpose of the new regulation should be considered legitimate, its implementation may raise objections. Namely, the new regulation has a selective character and does not lead to institutional protection for entrepreneurs-consumers pursuant to the Anti-Trust and Consumer Protection Act. This regulation constitutes in fact a halfway solution between the recognition of natural persons conducting economic activity in certain circumstances not as entrepreneurs but as consumers on the one hand and the granting of consumer protection to persons that are (in the strict sense) entrepreneurs on the other hand. Additionally, the new regulation is not fully correlated with the provision of article 221 of the Polish Civil Code defining the concept of consumer, which may lead to problems in the application of these provisions. For the above reasons the new provisions need to be changed. It is also recommended to consider a more holistic approach to the problem of extending consumer protection to entrepreneurs, taking into account the problem of market position asymmetry, which is common also in relations between entrepreneurs.
EN
The article is a review of research on the importance of human capital for the assessment of entrepreneurs by venture capital funds. Theories that underpin the study of this problem – the theory of human capital theory, the theory of the firm and its chief executives – are the starting point. The characteristics of entrepreneurs, managers and their teams used to measure the quality of this capital in the decisions taken by venture capital are discussed, as are the conditions of this assessment, including the life cycle of the company, industry, country, and the uniqueness of the investment process and the relationship of these characteristics to the performance of firms. The paper also shows the evolution of research in this field, including the latest concepts from a psychological critique of the concept of bounded rationality. The article argues that human capital is rightly seen as one of the most important decision criteria used by venture capital funds.
EN
The paper presents the results of research on ethical attitudes of entrepreneurs based on a global survey (World Values Survey, six waves of research conducted in 2010–2014). More than ninety thousand interviews were analyzed. The most important values of the investigated entrepreneurs are family, work and religion. Less important are friends, leisure time and politics. Achieving material wellbeing in life is an essential goal, especially for people living in less developed continents. The respondents most often declared central political views. The great importance of God in their lives was pointed out by the inhabitants of both Americas and Africa. Research has shown that acts such as theft, tax fraud, corruption and non-payment for public transport are generally negatively assessed, but there are some differences in attitudes.
PL
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Prawo
|
2017
|
nr 323
235-245
EN
On 13 February 2017, the Government Center for Legislation published aproposed piece of legis­lation called Law of entrepreneurs prepared by the Ministry of Development and Finance. The pro­posed act is supposed to replace the Act on freedom of economic activity and, together with the package of other acts, will be called the “Business Constitution”. The proposed draft law actually contains anumber of far-reaching changes in the legal environment of entrepreneurs. Adetailed dis­cussion of all proposed changes is beyond the scope of asingle article. Therefore, the main emphasis will be on the analysis and attempt to evaluate the proposed solutions related to the modification of basic definitions such as economic activity and entrepreneur and solutions relating to economic rationing.
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