Tryb przeprowadzania zmian organizacyjnych w przedsiębiorstwach państwowych

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Wydział Prawa i Administracji UAM

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Procedure of Realization of Organization Changes in State Enterprises


Organizational acts of different types, enacted by various governing bodies are one of the formation means of economy administration structure. There has been no finite conception of the organization acte, but their legally decisive influence on a contruction and transformation of economy structures is unquestionable. The analysis of legislation proves that only some of the acts reveal formally determined procedure of their enactment. Besides, in most of the cases, these procedures established in the fifties — the period of domination of centralized administration sylstem when even the slightest organizational transformations ware carried out by means of the administrative decisions. Subsequent changes of the management system allowed for certain decentralization and deconcentration of organizational decisions in the economy. The existing structure of administrative organs, however, formed a limitation and only some prerogatives were left to indirect cells of management. The following is indispensable an order to modify the present system of transformations in enterprise organization: 1) the change of competence location, 2) the change of legal and organizational relations between the cell's of economy administration — especially in the respect otf the enterprise — administrative organ relation, 3) the change of legal acts types leading to organizational transformation of enterprises, and last but not least but not least, 4) the change of issuing mode of certain acts with the respect of certain procedures, or simply — the change of organizational procedures (or establishing the new ones, in case of necessity). All the modifications have to be referred to the basic premise of the economic reform Which is creating an independent, self governing and self financing enterprise as a primary subject of the economy. The following assumptions are found to be essential in the construction of integrated conception of procedures organizing State enterprises: 1) the departure from standardization of organizational procedures effecting the decision making by an administrative organ as the only source, 2) rejection of administrative organs hegemony in the modification process of enterprise organization, 3) adjustment of a proper procedure type to each act of organization (requirement of a flexible procedure choice), 4) explicit adoption of every procedure in the regulations with a protection guarantee of superior reform goals. When constructing the complex organizational procedures on- has to: 1) realize a scope of structural moves of the aniterjprise organization, what economic processes and activities they correspond with, what types of the organization acts have to be taken for their enforcement, 2) determine procedure types whih are applicable in the (re-)organizational decision making, and legal options of the enterprise structural modifications. At a general estimation of the new regulations of the State enterprises one can find that: 1) their authors seem to act as if they did not realize the scope of organizational problems and undertakings in the enterprises (and, as a result, the scope of organizational acts as well), they have to be dealt with within a normal mode of organizational modifications of the economy, 2) there is a disjunction between the procedure of establishing the units of economy and the mode investmenlt financing.



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Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 1, s. 45-60



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego