Please use this identifier to cite or link to this item: https://hdl.handle.net/10593/17291
Title: Terenowe organy władzy i administracji państwowej a podstawowe i spółdzielcze jednostki gospodarki uspołecznionej
Other Titles: Local organs of state administration and state and cooperative units of socialized economy
Authors: Niedbała, Zdzisław
Issue Date: 1984
Publisher: Wydział Prawa i Administracji UAM
Citation: Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 4, s. 101-119
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.
Sponsorship: Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
URI: http://hdl.handle.net/10593/17291
ISSN: 0035-9629
Appears in Collections:Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1984, nr 4

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