Finanse i Prawo Finansowe 2023-01-10T15:37:07+01:00 Małgorzata Jędraszczyk Open Journal Systems <div style="text-align: justify;"> <p>Redakcja czasopisma przyjmuje do publikacji artykuły poświęcone szeroko rozumianej tematyce finansów, zwłaszcza dotyczące rynków finansowych a także ich uczestników, instytucji finansowych, i ich klientów, instrumentów i regulacji prawnych. Artykuły uwzględniające różne perspektywy od mikro do makro ekonomicznych, poruszające problematykę lokalną, krajową, międzynarodową oraz o znaczeniu globalnym. Zapraszamy do współpracy Autorów, którym są bliskie nie tylko zagadnienia efektywności finansowej, racjonalności prawa, ale także tych, którzy akcent kładą na społeczny aspekt finansów. Zachęcamy do publikowania zarówno osoby związane ze światem akademickim jak i przedstawicieli praktyki, których interesuje i intryguje świat finansów.</p> <p><a href=""><em>Finanse i Prawo Finansowe</em> na</a></p> </div> Oszustwo podatkowe na przykładzie wystawienia fikcyjnych faktur VAT 2023-01-10T15:37:07+01:00 Piotr Kobylski p.kobylski@uthrad.pluczelnia <p><strong>The purpose of this article.</strong> In the literature, you can find quite extensive studies on value added tax, while the issue of tax fraud on the example of issuing fictitious VAT invoices from the perspective of the effect of Art. 56 § 1 of the Act of September 10, 1999 – Fiscal Penal Code has been treated quite fragmentarily. The main research objective of this study is to characterize the impact of the above-mentioned legal regulation in determining the scope of its impact on the tax law system. The work will prove that it is actually unjustified to maintain the current structure of the model of the right to deduct this tax. In connection with the above, the aim of the work will be to assess the directions of changes in the analyzed institution against the background of the applicable legal provisions.</p> <p><strong>Methodology.</strong> It was created on the basis of an analysis of the content of legal acts and documents as well as studies of the subject literature.</p> <p><strong>The result of the research.</strong> The taxpayer should not be held responsible for unlawful actions of third parties with regard to the fulfillment of the tax obligation in the tax on goods and services. Based on the considerations, it can be concluded that as long as the current structure of the model of the right to deduct tax on goods and services is maintained, this issue will still remain open.</p> 2022-12-22T00:00:00+01:00 Prawa autorskie (c) 2022 Sale of Getback Bonds as an Example of Misselling 2023-01-10T15:37:04+01:00 Dominik Kubacki <p><strong>The purpose of this article.</strong> The purpose of this study is to identify the occurrence of misselling in the process of offering and selling corporate bonds of GetBack SA.</p> <p><strong>Methodology. </strong>The study included a literature review, analysis of secondary data derived from official documents such as decisions issued by the President of the Office of Competition and Consumer Protection, reports of the Supreme Audit Office, and studies by the Financial Ombudsman.</p> <p><strong>The result of the research. </strong>The area where the phenomenon of misselling occurred is undoubtedly the case regarding the process of offering and selling bonds of GetBack SA. The circumstances of the case indicate that there were irregularities in the sales process, which consisted in misleading the customers about the offered products, which were not adapted to their needs and carried a high investment risk, disregarding their investor knowledge. Furthermore, in the opinion of the Office of Competition and Consumer Protection and the Financial Ombudsman.</p> 2022-12-22T00:00:00+01:00 Prawa autorskie (c) 2022 Nieprawidłowości w sprzedaży łączonej i wiązanej kredytów mieszkaniowych i ubezpieczeń 2023-01-10T15:37:01+01:00 Katarzyna Nowak <p>Banks, as part of cooperation with insurance companies, offer customers insurances. The of insurance is securing loan repayment. Polish Financial Supervision Authority (KNF) issued a number of reports on this subject. Identified by KNF numerous irregularities and the previous nonregulation resulted in 2014 r. publish Recommendation U. After the Recommendation U the national legislator as a result of the implementation of the directives introduced many significant changes in the area of bancassurance, which fundamentally changed the way banks offer insurance and strengthened the position of consumers. The idea of offering home loans with insurance is currently being realized as part of bundling and in certain situations also in tying practices and the position of the consumer is strengthened for example by information obligations imposed on banks.</p> <p><strong>The main purpose of the article</strong> is to present the definition of the concept, forms and the scope of its application by the search banks, causes and consequences of improper bundling and tying practices and to indicate repair solutions. The presented objective of the project fits in with the research gap in the literature on the subject. Currently, there are no studies that would analyze the consequences for consumers of bundling and tying practices insurance with a home loan.</p> <p><strong>Methodology. </strong>In theoretical part of the article author used analysis of the literature and a review of legal regularions. In order to determine the nature of irregularities occurring in the process of offering insurance by banks author used analysis how banks offers mortgage credit with insurance. Author also used in the article several examples of complains submitted by consumer to Financial Ombudsman in the years 2017–2021.</p> <p><strong>The result of the research. </strong>The research allowed to notice current irregularities that may indicate a violation of consumer interests on the bancassurance. The identified irregularities are occuring for example in offering insurance that is unsuited to the client’s needs, misleading or concluding a contract basing only verbal information. The mismatch of loan repayment insurance is largely due to deficiencies in the credit process.</p> 2022-12-22T00:00:00+01:00 Prawa autorskie (c) 2021 Ocena poziomu bezpieczeństwa użytkowników rachunków bankowych i analiza zachowań banków w sytuacji wystąpienia incydentu zagrożenia bezpieczeństwa 2023-01-10T15:36:57+01:00 Anna Popik Agnieszka Gryglicka <p><strong>The purpose of this article.</strong> The aim of the article is to identify the opinions of bank customers on the level of security of electronic banking in Poland and to analyze the actions taken by banks in the event of a security incident.</p> <p><strong>Methodology. </strong>The analysis was based on data collected through a questionnaire survey. The survey with non-random sampling involved 222 people, and 217 records were included in the analysis. The&nbsp;form contained closed questions.</p> <p><strong>The result of the research. </strong>The analysis of the survey results indicates a high sense of security among bank account users, especially thanks to campaigns initiated by banks that inform customers about possible dangers. Respondents value direct communication and quick responses, which in this age of technological advances are the most important element in protecting customers. The literature review, which complements the survey, also confirms the high commitment of banking institutions in ensuring security. Despite the analysis of the survey results, it is important to bear in mind the lack of their translation to the general population, which does not allow a clear confirmation of the total security of customers holding funds in bank accounts.</p> 2022-12-22T00:00:00+01:00 Prawa autorskie (c) 2021 Insurance Market in the Light of Covid-19 Pandemic 2023-01-10T15:36:54+01:00 Eleonora Ratowska-Dziobiak <p>The COVID-19 pandemic has been compared to world wars or other tragic events in terms of the death toll it has taken and huge economic losses it has caused. It is not a finished process, so it is difficult to predict the scale of its impact. According to IMF estimates, the contraction of the world economy will be much greater than in the years of the financial crisis of 2008–2009. The negative effects in different countries may depend on the severity and extent of the applied lock-down or interventions undertaken by governments. Changes taking place in various sectors of the economy are of a different nature. The effects of the pandemic can be also seen in the insurance segment.</p> <p><strong>The aim of this article</strong> is to find answers to the following research questions:</p> <ol> <li>To what extent did the COVID-19 pandemic affect the situation on the insurance market?</li> <li>In which areas are its consequences particularly visible?</li> <li>What kind of opportunities and threats does the pandemic bring from the perspective of the insurance market?</li> </ol> <p><strong>Methodology.</strong> The analysis used available scientific publications, reports prepared by the Polish Financial Supervision Authority, Polish Insurance Association and entities conducting brokerage activities or selected consulting companies.</p> <p><strong>The result of the research. </strong>In a few days, in March 2020, a real revolution took place on the insurance market. The insurers faced the need to introduce completely remote customer service. They also had to launch new tools, which in many cases were still in the testing phase and which they did not have the opportunity to use on a&nbsp;large scale. With the onset of the pandemic, they were quickly implemented. It was related to additional funds, huge commitment and discipline of all employees, liquidators, agents, sales departments, and administration. Consequent on this, clients gained full access to all services and insurance products, without leaving home. On the other hand, pandemic has led to the significant changes within the demand for the insurance services and customers’ expectations, but also to growing scale of damages and compensation paid to the clients leading to the higher insurance premiums.</p> 2022-12-22T00:00:00+01:00 Prawa autorskie (c) 2021 The Fraudulent Phenomenon of the Financial Pyramids in the Financial Industry 2023-01-10T15:36:51+01:00 Natalia Ślusarek <p><strong>The purpose of the article</strong> is to present the fraudulent behaviour observable in the financial industry, which is the financial pyramid phenomena, through a detailed description of such occurrences together with the damage and consequences generated. This paper will include a solid piece of knowledge about this behaviour, and will also distinguish the similarities and differences between financial pyramids.</p> <p><strong>Methodology</strong> of this paper is the critical analysis of the literature and comparative analysis of selected pyramids according to the criteria to compare and distinguish similarities and differences.</p> <p><strong>Results of the research </strong>confirm that the phenomenon of the financial pyramids is very harmful to the financial industry but also to the participants and society as a whole. The losses generate every year are enormous, but on the other hand, there is suffering of the victims as well. To conclude, the financial pyramids are inseparable elements of the financial industry and moreover, they are very dangerous and destructive. The knowledge of the specificity of pyramids increases the safety of financial consumers in the financial market.</p> 2022-12-30T00:00:00+01:00 Prawa autorskie (c) 2021 Rozwój sztucznej inteligencji i jej wpływ na rynek finansowy 2023-01-10T15:36:49+01:00 Arkadiusz Tomaszek <p><strong>The purpose of this article.</strong> The aim of the article is to analyze selected issues related to artificial intelligence and its development, particularly its impact on the financial market, taking into account the opportunities and threats that artificial intelligence and its areas, such as machine learning or deep learning, pose to financial market participants. The research methods utilized in the study were used to evaluate the phenomenon on a macroeconomic scale.</p> <p><strong>Methodology. </strong>The results of the research were based on the analysis of secondary data, such as source literature – both domestic and foreign, systems analysis of European Union legal acts, as well as the review of reports on the use of AI within the financial market. The paper is theoretical.</p> <p><strong>The result of the research. </strong>The development of artificial intelligence in financial markets may provide an opportunity to gain competitive advantage, especially for financial market participants who aptly implement AI-based solutions in its initial phase. However, this entails both benefits and risks, the possible occurrence of which depends on many other factors.</p> 2022-12-30T00:00:00+01:00 Prawa autorskie (c) 2022 The Comparison of Premises for Recognizing Tax Books as Kept not Compliant in the Tax Law and Accounting Law in Poland 2023-01-10T15:36:46+01:00 Radosław Witczak <p><strong>The purpose of this article.</strong> The purpose of the paper is to compare and assess provisions on premises for recognizing tax books as kept not compliant to the regulations in the tax law and accountancy law as well as to discuss the possibility of using the tax judgments on this issue in the interpretation of compliant account books in the accountancy law. The research hypothesis is as follows: The tax judgments on the premises for recognizing tax books as kept not compliant may be also used directly for the interpretation of compliancy of account books in the accountancy law.</p> <p><strong>Methodology. </strong>The descriptive study including critical attitude to the legal acts and literature was used to solve the research problem.</p> <p><strong>The result of the research. </strong>Both the tax law and accountancy law comprise the rules for recognizing tax books (account books) to be compliant to the regulations. The tax law uses the terms of the reliability and correctness. The Accountancy Act law uses the terms of the reliability, error-free, verifiable manner and on an on-going basis. Although definitions of reliability are very similar, as the analysis shows, the character of reliability of tax books is not always the same as for account books. The judgments in the field of interpretation of the reliability for tax purposes may not always be used for accounting purposes. The term correctness in the Tax Ordinance does not always correspond to the terms:&nbsp; error-free, verifiable manner and on an on-going basis in the Accountancy Act. So, the tax judgment concerning correctness of the tax book from the tax law cannot be directly applied into the interpretation of such terms as error-free, verifiable manner and on an on-going basis in the&nbsp;accountancy law. The paper additionally proposes some changes to the tax law concerning the unreliability of tax books, as well as changes to the Accountancy Act.</p> 2022-12-30T00:00:00+01:00 Prawa autorskie (c) 2022