Studia Prawnicze KUL, 2022, nr 4
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Browsing Studia Prawnicze KUL, 2022, nr 4 by Subject "cooperative under Polish law"
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- ItemSystem monistyczny w spółdzielni działającej na zasadach ogólnych polskiego prawa spółdzielczego jako jedna z opcji zarządzania tą spółdzielnią de lege ferenda(Wydawnictwo KUL, 2022) Kozieł, GrzegorzThe article proposes to start in some areas, or to continue (resume) in other ones, the discussion on the reasonableness of introducing the one-tier model of governance as one of the options for a cooperative operating under general provisions of Polish law on cooperatives, specifically the Act – Law on Cooperatives of 1982 (consolidated text: Journal of Laws 2021 item 648 as amended), which is an option not yet provided for in these provisions. At the same time, this option is currently not available to cooperatives operating under special provisions on the operation of specific types of cooperatives (for example, cooperative banks, housing cooperatives, social cooperatives or credit unions), which for matters not regulated in these special provisions refer to the general provisions of the above-mentioned Act. Therefore, the article starts with the question of whether the time has come for the introduction of the one-tier model in cooperatives operating under general rules (on the basis of general regulations) of the Polish law on cooperatives and, in its conclusions, the discussion aims to indicate a number of arguments allowing to answer this question in the affirmative (and therefore supporting the introduction of the one-tier governance model in the cooperative) and the author’s original specific proposals for the law as it should be in this regard (concerning the method of introducing this model into the provisions of the law on cooperatives), including in particular the methods of normative regulation (referred to as models of regulation) of the one-tier model in individual entities under Polish law, together with the names of these models proposed by the author. The article also outlines a synthetic comparison of these models, with the main advantages and disadvantages of each of them, above all from the perspective of lawmaking methods, including the coherence and clarity of the legal regulation, which has a fundamental and very important influence on the application of individual regulations.