Stałe składowe efektywności samorządu gminnego

2021 ◽  
pp. 109-125
Author(s):  
Tomasz Bąkowski

The thirtieth anniversary of the return of local government at the municipal level to the Polish legal and constitutional order prompts various reflections and summaries. There is also time to ask questions about basic issues. Such is the question about the existence of permanent and durable elements in the institution of local self-government, not susceptible to changes in the economic, technological or cultural environment. They include, first of all: 1) the legal nature of the municipal self-government (in terms of public and private law); 2) general goals justifying its existence; or 3) the ways and methods of their implementation. Considering the utilitarian and praxeological context of the existence of local self-government, it is worth paying attention, above all, to those permanent elements that determine the task-related effectiveness of the municipality. They are in particular: 1) collective needs of the community; 2) cooperation of the municipality with other entities and 3) measures conditioning the implementation of tasks entrusted to the municipality. The above enumeration does not reflect the full list of determinants of the effectiveness of local government institutions, but nevertheless it seems reasonable to present a few comments and observations on the indicated elements, which could also be treated as a source of verifying the correctness of the choice made.

2019 ◽  
Vol 2 (1) ◽  
pp. 181-187
Author(s):  
Aleksandra Ziober

AbstractThe activity of representatives of the elites of the Grand Duchy of Lithuania, which sought equality with the Crowners, but also the defense of their prerogatives was present from the first days after the signing of the Lublin Union. Analyzing this issue, it should be remembered that the Crown and Lithuania were separated state bodies, which union did not merge into one country, but formed a federal state. They were characterized by a separate treasury, army, offices, judiciary, law, local government institutions, i.e. basically everything that determines the administrative independence of the country. Lithuanians wanted to guarantee the same rights as the Crown nobility had, however, remaining separate. Thus, offices were established having the same prerogatives in the Crown and the Grand Duchy of Lithuania, such as the Grand and Field Hetman, Chancellor and Vice-Chancellors, Treasurer and Grand and Court Marshal, as well as a number of land and town dignities and dignitaries. The first of these were allocated appropriate seats in the senate, behind their crown counterparts, which caused quarrels between Poles and Lithuanians. However, manifestations of activity guaranteeing and “reminding” Poles of Lithuania’s separateness from the Crown were evident throughout the entire existence of the federal Commonwealth.


2020 ◽  
Vol 29 (5) ◽  
pp. 74-88
Author(s):  
Aleksandr Larichev ◽  
Emil Markwart

Local government as a political, legal and social institution finds itself in a very difficult period of development in Russia. The long-established tendency of its subordination to the state has intensified today in connection with the newly adopted constitutional amendments. At the same time, it seems obvious that further “embedding” of local government into the state management vertical, in the absence of any positive effect in terms of solving socio-economic and infrastructural problems, will inevitably lead to other hard to reverse, negative results both for local government institutions and the system of public authority as a whole. The normal functioning of local government requires, however, not only the presence of its sufficient institutional and functional autonomy from the state, but also an adequate territorial and social base for its implementation. To ensure the formation of viable territorial collectives, especially in urban areas, it seems appropriate to promote the development of self-government based on local groups at the intra-municipal level. Such local groups can independently manage issues of local importance on a small scale (landscaping, social volunteering, and neighborly mutual assistance), and provide, within the boundaries of a local territory, due civil control over the maintenance by municipal authorities of more complex and large-scale local issues (repair and development of infrastructure, removal of solid household waste and more). At the same time, the development of local communities can by no means be a self-sufficient and substitutional mechanism, whose introduction would end the need for democracy in the full scope of municipal structures overall. In this regard, the experience of local communities’ development in Germany, a state with legal traditions similar to Russian ones, with a centuries-old history of the development of territorial communities and a difficult path to building democracy and forming civil society, seems to be very interesting. Here, the progressive development of local forms of democracy and the participation of residents in local issue management are combined with stable mechanisms of municipal government, and the interaction of municipalities with the state does not torpedo the existing citizen forms of self-government. At the same time, the experience of Germany shows that the decentralization of public issue management which involves the local population can only be effective in a situation where, in addition to maintaining a full-fledged self-government mechanism at the general municipal level, relevant local communities are endowed with real competence and resources to influence local issue decision-making. The role of formalized local communities in urban areas, as the German experience shows, can not only facilitate the decentralization of solving public problems, but can also help in timely elimination of triggers for mobilizing citywide supercollectives with negative agendas. This experience seems useful and applicable in the Russian context.


2020 ◽  
Vol 18 (2) ◽  
pp. 38-56
Author(s):  
Paweł Skorut ◽  
◽  
Bartłomiej Stawarz ◽  

In 2020, the local government of the Third Polish Republic is celebrating its thirtieth anniversary within the legal framework of the democratic political system. This is a celebration of not only the success of the 1989 Autumn of Nations but of the citizens participating in the co-creation and development of their own local homelands. In contrast, the activities of the central authorities which, frequently governed by the reason of the state, attempt to bind local self-governments more closely, often straining their constitutional value of autonomy.


2020 ◽  
Vol 4 (1) ◽  
pp. 20
Author(s):  
Riri Safira Syahrir ◽  
Elly Suryani

This study aims to investigate the effect of audit opinion and audit findings on the level of corruption in the Regional Government in Indonesia in 2017. The object in this study is the local government included in the Public Integrity Survey conducted by the Corruption Eradication Commission in 2017. The sampling technique used in this study was saturated sampling with a total sample of 19 local government institutions. The method used in this analysis is multiple linear regression using IBM SPSS 25. Based on the results of the test the significance of audit opinions and audit findings simultaneously evaluating the level of corruption. Partially, audit opinion variables and negative audit findings on the level of corruption


The need for environmental conservation is recognized globally. This paper makes an attempt to assess the role of Local Government Institutions in the protection of environment in India and Bhutan. Among different levels of environmental administration in India and Bhutan, the most effective is the presence of local government institutions for the efficient utilization and management of natural resources. This paper discusses relevant policies and practices promoted by these institutions for preserving and protecting environment. At the local government level, there are several mechanisms and agencies through which information regarding public welfare and environment conservation can be communicated to the villagers. These can be used to create the much-needed awareness about the protection of the ecology and the environment. This paper examines how the response to environment management can be strengthened with the better involvement of the institutions and the role of these institutions in some specific contexts of environment management and protection.


2021 ◽  
Vol 70 (3) ◽  
pp. 33-42
Author(s):  
N. Chebotarova ◽  
V. Chebotarov

Medical reform is a complex systemic, not only purely professional, but also socio-economic, legal and in general institutional phenomenon. In many respects, under modern conditions, medical reform is becoming a kind of barometer of socio-economic and political stability of Ukraine and a criterion of its development level. At the same time, the medical sphere directly affects the life of every family, every person and every administrative-territorial unit of the country. However, at present, domestic science and state regulation practice leave out of consideration the relationship between health care and local government reform. Such a systemic professional, socio-economic and institutional phenomenon requires the appropriate systemic interdisciplinary analysis. The last years of medical reform in Ukraine have already provided the epistemological and empirical basis for such analysis. The authors, on the basis of the interdisciplinary approach in the generalized form, reveal the institutional content of medical reform with the separation of its – the cause-effect sequence of implementation. This logic is reflected in the proposed cognitive pentagram: «formation of the family doctor institution» – «introduction of health insurance» – «connection with local government reform» – «formation of the network of hospital districts» – «equality of public and private medicine», based on the peculiar triangle «inbuilt» in the pentagram (the first, second and fourth elements of the pentagram). Emphasis is placed on the need for institutional, economic and professional projection of the selected pentagram and triangle on the “health care institution” as a defining organizational and sectoral basis for providing high quality medical services to citizens, which should be the generalizing criterion for medical reform. The example of Luhansk and Donetsk oblasts also are considered as the regional features of medical reform in the context of hospital districts formation (objective possibility / impossibility of compliance with the norms of the Ukraine Ministry of Health on determining the parameters of hospital districts) and some relevant problems which arose taking into account the war in the east.


2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.


2021 ◽  
Vol 25 (325) ◽  
pp. 133-146
Author(s):  
Barbara Nowak

The paper discusses the problem of post-penitentiary assistance as a form of support to prisoners whoundergo a process of preparation to live at large and need help in their local communities.A major aim of post-penitentiary assistance is not only to prevent social exclusion of prisoners and theirfamilies but also their relapse into crime.Various assistance activities are undertaken to achieve this aim including those organised by post-penitentiaryand local council institutions and district offices, welfare centres, culture and educational establishments andnon-goverment organisations which function at the municipal level .These activities could be observed in particular Polish towns during the partition of Poland when schools andlocal associations undertook initiatives regarding assistance to prisoners .It is worth noting that in 1918-1939, various forms of support activities were organised by associations suchas the ones mentioned above, including ”Patronat” and municipalities, welfare centres, museums, schoolsand local parishes.Nowadays, local policy plays an important role in post-penitentiary assistance, particularly when a sentenceis served. Remand centres, correction institutions cooperate under various projects with local councils andnon-government institutions to prepare convicts to live at large.


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