Tryb przeprowadzania zmian organizacyjnych w przedsiębiorstwach państwowych
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Date
1982
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Procedure of Realization of Organization Changes in State Enterprises
Abstract
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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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 44, 1982, z. 1, s. 45-60