scholarly journals Granice władztwa planistycznego przy uchwalaniu miejscowego planu zagospodarowania przestrzennego

2019 ◽  
pp. 9-26
Author(s):  
Sławomir Zwolak

The considerations of the article focus on the planning power exercised by a municipality as a unilateral and authoritative determination of the purpose of the land and its development. The municipality in the capacity of a planning au­thority cannot assume an absolute and unlimited power and must act within the limits determined by applicable and binding laws. Hence, in the implementation of its land development tasks, the municipality (or local authorities) are bound by the provisions of the Constitution of the Republic of Poland and other relevant laws that govern the planning authority granted to municipalities. Exceeding the limits of this planning power will occur when planning solutions prove to be arbitrary and lack substantive justification. Defective legal solutions include not only solutions that violate the law, but also those that result from a potential abuse of the competence of the municipality. Determining the land purpose and the manner of its management must reflect a reasonable and real need for the solution adopted. When the latter is detached from the legal and factual status of the land in question, a violation of planning power arises. When a municipality adopts a local plan which introduces certain restrictions in the use of the property right that is protected in the Constitution, it is obliged to apply legal measures that will be the least onerous for individual entities and which will remain in a rational proportion to the intended purposes. However, certain situations that will lead to the conflict of interests are unavoidable. Settling these conflicts in the process of law-making requires, each time, the weighing off the interests of individual property owners and the public interest of the whole local community. Individual owners may sue the municipal planning authority on the grounds of the abuse of its planning power when adopting a local land management plan and such legal actions may be effective.

Author(s):  
Mirjam Dibra ◽  
Dea Strica

The public participation (PP) is widely legitimised as a vital prerequisite to achieve sustainable development and as a basic principle of democracy. Under the conditions of the new territorial administrative-territorial division of local government units in the Republic of Albania, the Malesia e Madhe (MM) Municipality is a new one. The purpose of this study was the assessment of attitudes of the local community of areas under the administration of MM Municipality on PP in local planning and decision-making in order to influence future behaviours of the local community to take active part in local decision-making processes. The questionnaire was used as a research instrument for the local community of this Municipality. The research results showed that the local community of this area was generally aware of the need for their involvement in local decision-making, but they considered the municipality as the main responsibility for their involvement in this process. Keywords: Albania, local planning & decision-making, Malesia e Madhe Municipality, public participation.


2013 ◽  
Vol 16 (1) ◽  
pp. 17-33
Author(s):  
Barbara Sanford

This paper challenges traditional ecological assumptions about urban growth and development by exploring the relationship between social structure and urban pattern. A neo-marxian analysis is used to examine the ways in which changing social, political and economic forces of Canadian society affected the distribution of social classes in urban space during three periods of Toronto's early growth; 1) the colonial period, 1791-1833; 2) the mercantile period, 1834-1850; and 3) the early industrial period, 1851-1881. The town's original land grants were allocated according to social status, physically expressing the hierarchical social structure of colonial life. Then, with the growing prosperity of local merchant capitalists, former regulations on land were abandoned in favour of speculative profits for individual property owners. Early street servicing and fire by-laws reinforced the existing micro-scale segregation. During capitalist industrialization the scale of segregation changed from the micro to the macro scale, with the development of working class districts and exclusive enclaves for the upper and middle classes. The latter were again reinforced with special provisions, suggesting that Toronto's social geography has historically been shaped by those with the power, wealth and position to protect and promote their own class interests.


2021 ◽  
Vol 2 ◽  
pp. 66-69
Author(s):  
Greta Koleva ◽  
Despina Georgieva ◽  
Irinka Hristova

The nurses in the Republic of Bulgaria addressed a number of official demands to the Ministry of Health, one of them was to work out a long-term strategy for the development of standards, including detailed minimal requirements for the number of staff for both hospital, and outpatient care. Objectives: The goal of the current report is a summary of the regulatory documents, concerning the number of nurses in the Republic of Bulgaria, in context of the global practices. Methods: Current medical standards in the Republic of Bulgaria are being taken into account, and methods for determining the number of nurses in other countries. Results: In the period between November and December 2020, within the public consultations for projects of different Regulations for approval of medical standards, the proposed and developed methods by the Bulgarian association of health professionals in nursing to be included in the standards, which concern calculating the necessary staff of nurses, was not admitted for inclusion in any of those standards. Conclusions: Until now, the number of active nurses in the Republic of Bulgaria in all active medical standards is calculated either on the basis of doctors (not patients), or it’s pointed out that the methods of calculating the sufficient number of nurses may be applied. It should be noted that the International Council of Nurses, actually does not recommend universal methods for all countries worldwide.


2015 ◽  
pp. 571-584
Author(s):  
Dragan Dokic

Emphasizing the development capabilities of the units of local self-government (ULSG) and the effects they can have on the market became increasingly visible in the last couple of years. The public sector to which ULSG belong represents a complex system with the objective to satisfy the needs of public interest. The contemporary local government gains a new dimension in a sense that it creates favorable conditions for local development. These tendencies point to the importance of strengthening local capacities aimed at creation of stimulating investment environment. The investments are considered an important source of new capital; but to attract them, a series of actions in local institutions need to be performed to meet the requirements of investors. In order to gain a large volume of investment, ULSG must not disregard social responsibility towards the local community. This work should draw attention to the importance of adequate management of municipal revenues and effects that investments may have on them. In this work, by comparative analysis, is examined the relationship of income and investments in ULSG in rural areas of the Republic of Serbia and the Republic of Croatia.


2019 ◽  
Vol 86 ◽  
pp. 00012
Author(s):  
Edward Preweda

The local spatial management plan, adopted in Poland at the level of the municipality, is a source of universally binding law, determines the purpose of the area, the distribution of public purpose investments and defines the ways of development and the conditions for land development. The local plan is the basis for issuing the building permit decision on the areas for which its arrangements apply. It directly interferes with the rights vested in entities in real property and property rights. The provisions of the plan, as an act of universally binding law, bind everyone, including all administrative bodies and courts, as well as property owners. When adopting a local spatial management plan, the commune council should be guided by a number of values, including maintaining spatial order, architectural and landscape values, as well as environmental protection requirements. A local plan is an act of local law, therefore it must contain standards defining the specific purpose of each area covered by the regulation in an unambiguous manner, it cannot contain provisions that make land development conditional on subsequent opinions of public administration authorities or allow any entities to individually agree on deviations from the adopted plan. In practice, however, the ambiguity of provisions regarding environmental protection is noticed, in particular in the interpretation of the concept of biologically active land. The work presents how significantly this problem affects the construction investment.


2020 ◽  
Vol 208 ◽  
pp. 08030
Author(s):  
Elina Gabidullina ◽  
Irina Gavrilenko ◽  
S. Rastegaev

The aim of the article was to develop recommendations for increasing the socio-economic and budgetary efficiency of investments in the regional infrastructure of public utilities on the basis of public-private partnerships. The main problems of the practical implementation of public-private (PPP) (municipal-private (MPP)) partnership projects in the communal complex of the Republic of Bashkortostan are identified and systematized. The necessity of using modern information technologies in the implementation of PPP projects is substantiated to simplify the system of interaction between three different categories of users, business, government and the local community. A model of effective partnership between government and business in the implementation of a municipal heat supply project is proposed. The proposed author’s model is based on a comprehensive consideration of the interests of all parties involved in the project (investor, producer, consumer of services, authorities, local community). It contributes to the determination of economic, social and environmental efficiency. The main provisions and conclusions of the study can be used in state and municipal programs to support public and municipal-private partnerships. The theoretical and applied problems of establishing unified, universal mechanisms for the development of regional infrastructure require special attention. These mechanisms are based on the use of models for the optimal choice of priority investment projects for territorial development.


Buildings ◽  
2020 ◽  
Vol 10 (3) ◽  
pp. 56 ◽  
Author(s):  
Beata Majerska-Pałubicka ◽  
Elżbieta Latusek

The subject of this article is the presentation of site conditions and the authors’ concept of the development of the degraded riverside area located in the city of Cracow-Kraków Zabłocie. The concept transforms the above-named area into a multifunctional complex including museum, coworking, business and hotel functions. The area subject to development borders three important districts of Cracow: Old Town (Stare Miasto), Grzegórzki and Podgórze on the bank of the Vistula (Wisła) river. In the land development and urban planning documents of the city of Cracow this area has been marked as the public space which is to become a local focal point or a local centre. The main objective of this work was to find answers to the posed research questions concerning the historic context, formal and legal state, significance for the community as well as economic and ecological implications of the area to be developed. The main purpose was to properly develop the degraded riverside embankment in the downtown environment. The research method was based on own mixed method which encompassed the studies of historical literature and the legal–formal status as well as in situ examinations, including the analyses of the condition of the built and natural environment, traffic and circulation as well as photographic documentation. The authors also familiarised themselves with the activities undertaken by the local community with a view to the area’s regeneration. On the grounds of initial investigations, the SWOT analysis was performed and the evaluation of groups of prospective users was conducted. Comparative studies were conducted including selected examples of European riverside development projects. In its assumptions, the proposed concept of the riverside development in Kraków-Zabłocie is to meet the needs of the local community, enable further development of tourism, which is very important to Cracow, and satisfy the paradigm of sustainable development. The effect is a multi-functional complex that becomes an inherent part of the existing context.


2021 ◽  
Vol 1 (1) ◽  
pp. 21-39
Author(s):  
Sergiu Musteaţă

Abstract This article discusses the case of the transformation of the Tighina-Bender fortress in a historic museum and tourist attraction site. The fortress is one of the most important medieval fortifications in Eastern Europe and is a national monument registered in the State Register of Protected Monuments of the Republic of Moldova. Paradoxically, but the fortress has not benefited from serious historic and archaeological research so far. It must be because during the Soviet era the fortress was a military base and it was closed to the public. Its recent transformation into a museum, the launch of a rehabilitation project, and ensured access inside this fortification inspire us for the possibility of transforming this site into one of the most attractive tourist places in the Republic of Moldova. But for better interpretation and presentation is strictly necessary to understand the history of the place, its role from regional and European perspectives, the relation of historic place with the local community, etc. (Re)inventing a museum needs, in, first of all, a vision and, secondly, a strategy of museum sustainable development.


2020 ◽  
Vol 7 (1) ◽  
pp. 39-52
Author(s):  
Janez Balantič

Certain tasks in the Republic of Slovenia are in the domain of the state or local community. In order to carry out these tasks, state-owned or public companies have been established.The management of such companies is not always good and transparent, and as a result, it often leads to considerable damage to public property. Such situations are mostly caused by poor management by the management boards, and rarely by poor and inadequate control by the supervisory boards. They are also the result of poor and inadequate communication between the management and supervisory boards. Unfortunately, poor governance does not occur in isolated cases and the mismanagement of such companies is often only introduced to the public through affairs that are presented in the media.There are, however, also some positive exceptions with good and transparent corporate governance that bring profits to the shareholders and, consequently, lower the prices of individual services for citizens.


Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ

In this paper, the authors analyse the legal framework for the local self governments’ role in the achievement of the public interest on the examples of legal solutions in the Republic of Serbia and the Republic of Srpska. The extent and the manner in which the needs and interests of the local population are met as part of the public interest may be different in different spheres of social life. In this regard, the examples analysed in this paper indicate two, seemingly similar, but essentially divergent tendencies of normative regulation of the participation of needs and interests of local population in the legal determination of the public interest and of the way in which local self-government participating in realization of that interest. The authors affirm the opinion according to which systematic legislation which regulates various areas of social life should define the public interest and within that category emphasizes the needs and interests of the local population. Also, it should regulate the obligatory way in which local self-government units participating in the achievement of that interest. Further regulation of the criteria and legal aspects of the achievement of that interest, especially in terms of their local character, should bе implemented by general acts of local self-government units.


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