Terenowe organy władzy i administracji państwowej a podstawowe i spółdzielcze jednostki gospodarki uspołecznionej
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Date
1984
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Wydział Prawa i Administracji UAM
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Local organs of state administration and state and cooperative units of socialized economy
Abstract
People's councils and their executive origans governing according to the provisions
of Constitution of the Polish People's Republic have to administer and
control economic and cultural activities on their area. It is also the area of
functioning of units of socialized economy. State enterprises and cooperatives are
of a particular importance amnog them. The economic reform initiated in 1982 has
extended substantially self-containment of these subjects and self- government of
their workers. On July 1, 1984 the new Act on the People's Councils and Local
Self-Government System is put into force. Consequently there is a problem emerging
of establishing a relation between people's councils of extended competence
and self-governing and self-contained enterprises and cooperatives. What is the
extent and legal means of council's intervention into activities of those enterprises?
In the light of present regulation local organs of state administration can exercise
their power on the socialized economy units only on the grounds of explicit statutory
authorisations and with the use of means designed in the statute. It can
be therefore inferred that any decision or another binding act of will of administration
organ addressed to enterprises or cooperatives has to be based on statutory
grounds. The said principle is expressed in the People's Councils System Act.
the State Enterprises Act of 25 September 1981 and the Cooperative Law Act
of 16 September 1982. Only m exceptional cases the acts authorize organs of state
administration to give decisions binding units of socialized economy in the scope
of their statutory activities, it may be the case of calamity or needs of state defense.
Forms of control influence gained a substantial importance (i.e. agreements
between organs of administration and organs of enterprises and cooperatives. Rights
to control are vested with people's council, its presidium organ and its comissions.
Principles of cooperation between organs of people's council and organs of workers
self government in enterprises and cooperative self-government are also defined
in the Act of July 20, 1933. Cooperation on that field is designed to increase
a rank of various forms of social self-government.
The state enterprises have a various legal status. They are operating either
according to the so-called general principles or they are enterprises of social utility.
The latter are of particular importance for people's councils. It is their task
to fulill needs of community in a current and continuous way. Therefore in this
case the organs of local administration can exercise larger competence. They confirm
an enterprise's statute, its annual plan and give a consent to its accession to
association. Competence of local organs of administration is much narrower in
case of enterprises established by central and general organs of state administration.
Practice of relations between organs of administration and units of socialized
economy can not be assessed accurately on account of a short time passed since
the enactment of the relevant statutes. The practice is to a large extent determined
by the economic reform which itself is constantly evolving.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 4, s. 101-119