Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1986, nr 4

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Z problematyki nadzoru nad przedsiębiorstwem państwowym
(Wydział Prawa i Administracji UAM, 1986) Niedbała, Zdzisław
One of the main tergets of the econoimic reform is creating conditions for State enterprises to conduct land organize their economic activity independently. In order to do that intermediate organs of economic administration had to be eliminated (i.e. units superior to enterprises. In the light of the presently binding statutes of September 25, 1981 the enterprise enjoyes a broad range of rights in respect of decisionmaking. To a very limited degree the role of former superior units was adopted by the founding organs. Yet they can still interfere in enterprises' affaires with the use of legal measures of supervision only in cases provised for in the law. The founding organs though have wide rights to supervise and evaluate enterprises and their managing organs. Nevertheless, upon excersising their supervising competence they have no rights to undertake acts of high authority towards the enterprises. Still, the situation is not altogether clear in face of still existing validity of numerous provisions enacted before the impelememtation of the economic reform. The need to respect independence of enterprises calls eitheir for a change in those provisions or for revoking them. That concerns mostly labor law and administrative procedure regulations. Thus there is a series of propositions which ought to be discussed in course of preparing changes in labor code.