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Przepisy porządkowe jako szczególny rodzaj prawa miejscowego

Author(s): Mirosław Karpiuk / Language(s): Polish Issue: 4/2015

Regulations belong to the catalogue of the sources of common law, forcefully shaping the status of the recipient. The scope of regulations established within the structure of local law refers to an area where the authority establishing a given act performs its competence. These regulations are executive in character, and the issuing authorization must be included in the act. A public administration body cannot therefore form the legal status of the recipient if the legislator does not allow it.

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Stałe zamieszkanie w gminie jako podstawa wpisu do rejestru wyborców i udziału w wyborach organów gminy oraz referendum gminnym

Author(s): Krzysztof Skotnicki / Language(s): Polish Issue: 2/2014

In case of the elections of the municipal authorities and municipal referendum one of the qualifications is the permanent place of residence. The term „residence” has always bees problematic. It can be interpreted from the administrative or civil perspective. In the first case, it is the place of residence that decides about the habitation while in the second case, all together: physical residence in a specific location (corpus) and the will of remaining in this place (animus). The doctrine and jurisdiction stand for the second concept. A person who is not registered in the municipal but is its resident, can be signet in the electoral register if requested. However, actual residence must be verified before. One can be registered in only one electoral register. It raises a question though if those who reside in two different locations should not be registered in two electoral registers.

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LAND IRRIGATION AND DRAINAGE (IN YUGOSLAVIA)

Author(s): Tome Kuzmanovski / Language(s): English Issue: 2/1969

Yugoslavia’s annual rainfall varies considerably in different parts of the country — from 18.5 inches (central Macedonia) to over 157 inches (Crkvice) — and in summer insolation and temperatures are both high. Due to the unfavorable distribution of rainfall, particularly because of insufficient rain in the period of vegetation, especially from June to September, almost all crop lands in Yugoslavia (with the exception of Slovenia) suffer from lack of moisture for agricultural production and are often affected by drought. On the other hand, excessive quantities of surface and underground waters in the potentially most fertile flat lands also have an adverse effect on air-water relationships and hinder intensive production.

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MUNICIPAL PUBLIC TRANSPORT (IN YUGOSLAVIA)

Author(s): Radomir Sirković / Language(s): English Issue: 4/1969

Municipal public transport is carried by specialized transport organizations which operate as independent business enterprises, in contrast to the prewar and early postwar periods when, like other public utilities (water, electricity and gas, garbage collection, etc.), they operated as budget-financed institutions. They are, however, still to some extent controlled by municipal assemblies, especially with regard to fixing maximum fares.

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Zaštita prava u postupcima javnih nabavki u Republici Srbiji i zemljama u regionu

Author(s): Vladimir Kozar,Vesna Bilbija / Language(s): Serbian Issue: 3/2014

The protection of rights in all the phases of the public procurement process is carries out through a specific (administrative) proceeding. The Law on General Administrative Proceeding, in its Article 3 allows the possibility of issuing specific administrative proceedings by stipulating that “the provisions of the law, due to specific nature of administrative matters in certain administrative areas, provide for necessary exceptions to the general rules of administrative proceedings and must be in accordance with the basic principles laid down by this law”. This procedure is initiated by a special remedy - the request for the protection of rights. The deadline for passing a decision on the request is determined, and in a case of its exceeding, there is an assumption of “silence of the administration” in which case it is considered that the request for the protection of rights is denied and the complaint is allowed in administrative proceedings. The topic of this paper is the protection of rights in the public procurement processes in the countries of the region: in Montenegro and in the Republic of Croatia. As well as in the Republic of Serbia, the process of the protection of rights in the above mentioned countries is the administrative proceeding, and the process of protection of rights is initialized by an appeal. Against the final decisions issued as the results of the administrative proceedings one can initiate an administrative dispute. In Montenegro and in the Republic of Croatia, the proceeding of the judicial protection is urgent.

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Upravljanje komunalnim otpadom na području općine Gračanica i mogućnosti primjene naprednih tehnologija

Author(s): Goran Krstović,Hasan Mostarlić / Language(s): Bosnian Issue: 25/2008

Zbrinjavanje otpada, posebno komunalnog, u većini lokalnih zajednica predstavlja veliki problem. Lokalne vlasti prema svojim mogućnostima poduzimaju korake na rješavanju tog problema, iako iz godine u godinu, uzrokovan užurbanim razvojem, problem postaje sve veći. S druge strane, pristupajući rješavanju problema sa viših nivoa federalne i kantonalne vlasti su donijeli niz zakona i strateških odredbi.

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Дејство одлукa уставног суда о неуставности закона на појединачне акте управе у СР Немачкoj и Републици Србији

Author(s): Vladimir Đurić / Language(s): Serbian Issue: 1/2013

In this paper the author analyses the effects of the constitutional courts decisions on constitutionality of laws on individual acts of the administration in the legal system of Germany and the Republic of Serbia in terms of the execution and the possibility of changes of those acts. The decisions of The Federal Constitutional Court of Germany have the ex tunc effect, and the final (unappealable) individual acts that are based on a statute that has been declared null and void cannot be executed. Final (unappealable) individual acts remain unaffected. On the other hand, the decisions of the Constitutional Court of Serbia shall have effect ex nunc, and the Constitutional Court Act prohibits only the execution of legally binding valid acts based on an unconstitutional law. The Constitutional Court Act allows the amendment of final (unappealable) and legally binding valid individual administrative acts that violate rights. The conclusion is that such a possibility does not comply with the rules of administrative procedures and the rules of court review of individual administrative acts and that is necessary to be changed.

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Појам и врсте службеничких система

Author(s): Aleksandra Ilić Rajković / Language(s): Serbian Issue: 1/2012

Employees in public administration, primarily the civil servants, are a particularly important factor for its productivity. Jobs performed by civil servants are specific because the organization within which the jobs are performed possesses inherent particularities. Therefore, it is logical that civil servants have special legal status. One of the basic elements that determine the status of civil servants is the civil service. Civil service is the overall system of categories into which civil servants are divided according to pre-defined criteria, which constitutes the basis for their advancement, rewards, and movement within the service. There are two basic types of civil service – career and non-career. Since the two types are seldom found separately in practice, a third type – mixed civil service – may also be included.

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Factors Determining Trust in Civil Service in Lithuania

Author(s): Gabrielė Čepeliauskaitė,Rūta Petrauskienė / Language(s): English Issue: 3/2017

Trust in civil service is considered as the main condition for progress and prosperity in every country. The article analyzes civil service, which has a special legal status and the main responsibility for public administration in Lithuania. According to theoretical insights, trust in civil service can be defined as institutional level trust of civil servants, who have a legal status and implements public administration; it is formed on the use of public/administrative services or non-use basis and is characterized by low (civil servant vs. user) mutual knowledge, dependence and continuity. The main factors, which affects trust in civil service is honesty, interest, openness, justice, obligations and competence. The answers of EUPAN country experts showed that the main factors determining trust in civil service in European countries (Latvia, Estonia, Poland, Sweden, Finland, Croatia and the European Commission) is the image of civil service, the future prospects for cooperation, the pursuance of Code of Ethics, honesty, economic and social environment variability, suitability of civil servants to hold public office, quality of services, efficiency and dissemination of information. The factors found in the answers in the first part of the study were checked statistically with the public survey data in the case of Lithuania. The correlational analysis revealed that in Lithuania statistically significant correlations between trust other variables are observed in case of the image of civil service, economic situation of the country, suitability of civil servants to hold public office, the quality of services, integrity and dissemination of information. Meanwhile statistically insignificant factors were found to be cooperation and the pursuance of Code of Ethics, the country’s social situation and contacting a public servant.

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Palankios šeimai politikos vertinimas Lietuvoje

Author(s): Sonata Vyšniauskienė,Rūta Brazienė / Language(s): Lithuanian Issue: 3/2017

Purpose of this article is to disclose the effectiveness of family friendly policy implementation based on the attitudes of the parents with juvenile children, attitudes of experts in family friendly policy. The research goals are the following: 1) to describe the concepts family and family friendly policy; 2) to characterize support for family in the context of the welfare states regimes; 3) to analyse family social support system in Lithuania; 4) to prepare qualitative research methodology; 5) to carry interviews with parents with young children and experts on family friendly policy; 6) to present conclusions and recommendations for the improvement family and working life reconciliation. The research results revealed that there are no considerable differences in both parents and expert’s attitudes towards family friendly policy in Lithuania. Both tend to criticize Lithuanian family friendly policy and indicate more disadvantages than advantages. The results indicated, that due to attitudes expressed by the informants, State should ensure adequate benefits and other social assistance means for families with young children; improve existing maternity, paternity and parental leave schemes, the legal basis; to increase public attention and subsidies to young families by helping to purchase real property; to establish more free future parents education centres.

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ІДЕОЛОГІЧНИЙ КОМПОНЕНТ У СИСТЕМІ ДЕРЖАВНОГО УПРАВЛІННЯ РОЗВИТКОМ СФЕРИ КУЛЬТУРИ В УКРАЇНІ

Author(s): Oleg Chechel / Language(s): Ukrainian Issue: 3/2017

The purpose of article is to determine the degree of influence of the ideological component in the system of public administration of development of cultural sphere in Ukraine. The methodology of the study is based on the use of the method of dialectics, formal logic and structural analysis, as well as the application of the axiological method and the method of synthesis. Scientific novelty of the work consists in the fact that the significance of public administration in the sphere of culture has been proved with the focus on the implementation of the ideological factor in public life through various political, social, economic mechanisms, etc. Conclusions. It has been concluded that the state administration in the sphere of culture has a strategic character, since this concept is a part of public administration, which in itself has a strategic character. It was established that state policy in the sphere of culture is deliberately separated from censorship and other methods of purely political influence of the political leadership of the state, but ideology itself is one of the manifestations of such influence.

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Јавни службеник за 21. век: ка савременом учитавању гесла „племство обавезује”

Author(s): Srđan T. Korać / Language(s): Serbian Issue: 3/2017

The paper deals with the necessity of reviving the social role of the 21st century civil servants based on the assumption that the idea of social justice becomes vital due to a decade-long recession caused by the uncritical pushing the neo-liberal model of social development as well as by the implementation of corporate and market tools in managing departmental policies – both in developed and transitional societies. By insisting on turning a civil servant in vendors at public services’ stall, the role of public administration in social development has been sidelined from the academic debate and practice, particularly in Serbia where the New Public Management model is applied inconsistently and often is regarded as fashionable. The departing point of the article is the hypothesis that the pragmatic worldview embedded in the New Public Management model reinforces a stance of moral indifference – or at best of a moral minimalism – and by doing that it neglects the communitarian rationale in justifying public policy outcome. Therefore, the article urges that the structural characteristics of the role of civil servants in achieving social justice has to become an important issue of concern of the academic discipline of public administration in Serbia, although the number of civil servants in position to significantly impact the social changes is relatively small, with an even smaller number of those who are willing to take an action. The author argues that the real technocratic superiority over citizens and greater ability of understanding properly the essence of the public interest create moral obligation for a civil servant to contribute through her/his professional performance to the social justice as the fundamental purpose of the life in a democratic political community. The author employs ancient aristocratic ideal contained in the motto of noblesse oblige as a reference point for the design of the 21st century civil servant profile summed up as an unwritten obligation of benevolent, attentive, honour, generous, and responsible behaviour of a high-ranking person to the other members of the community, especially to the lower and non-privileged social layers. The complex technocratic nature of state management emphasizes the specialist knowledge and skills that give civil servant a serious advantage over the majority of citizens in terms of informed debate on plausible policy alternatives to public problems. The author stresses that the operationalization of the concept of social justice in the public administration performance requires a transformation of the social purpose of the whole civil service as profession in accordance with modern interpretation of the aristocratic motto of noblesse oblige. The author concludes that strengthening professional integrity within the guild must be grounded on full respect for the communitarian rationale of public policy as the counterweight to the pragmatic worldview of New Public Management embodied in moral indifference to the existential need of citizens for their self-actualization within the political community.

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Administracyjnoprawne ograniczenia autonomii pacjenta – uwagi wokół przymusu leczenia

Author(s): Jakub Grzegorz Firlus,Krzysztof Michalak / Language(s): Polish Issue: 2/2017

Public administration operates under a wide variety of legal forms and regulates a broad range of the citizenries day-to-day activities. Amongst the many subjects of state interest, vital for the self-determination of individuals, is that of disease surveillance which is conducted by specialized organs of state – the so-called ‘administrative police’. Under the competences of epidemic intelligence, public authorities may intervene in the scope of patient autonomy, for example by imposing compulsory vaccination. However, the standards of procedure involved are questionable insofar that they represent little more than an adjudicative, ‘court-room’ style, adversarial process of decision-making. This seems to lessen the right to fair administrative justice and as such may be recognized as being unconstitutional. This is to say that administrative proceedings are not coherent with the essence of patient autonomy doctrine (concept). In this study the authors address several issues connected both with the legal framework of pro-ceedings before the ‘administrative police’ and judicial review of public authorities’ actions which are affecting the individual’s right to self-determination

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Maciej Kisilowski, Izabela Kisilowska, Administrategia. Jak osiągnąć sukces osobisty, zarządzając w administracji publicznej, Warszawa 2016, ss. 376

Author(s): Wojciech Taras / Language(s): Polish Issue: 2/2017

Na przełomie lat 80. i 90. ubiegłego wieku pełniłem funkcję opiekuna praktyk studenckich dla III roku prawa i regularnie na koniec rozmowy zadawałem pytanie, czy zaliczający chciałby zostać urzędnikiem państwowym. Otrzymywałem jednolitą odpowiedź: nigdy, z wyjątkiem jednej, gdy student oznajmił, że mógłby zostać premierem. Po upływie ćwierćwiecza sytuacja zmieniła się diametralnie, bowiem nadprodukcja absolwentów coraz liczniejszych wydziałów prawa szkół wyższych daje o sobie znać na rynku pracy, zaś w biuletynach poszczególnych korporacji prawniczych coraz częściej można przeczytać, ilu członkom umorzono zaległe składki z powodu ciężkiej sytuacji materialnej. Nagle okazało się, że zatrudnienie w administracji publicznej na zwykłym stanowisku urzędniczym, a nie wyłącznie w charakterze radcy prawnego, gwarantuje stały dochód i tym samym przestaje być przedmiotem lekceważenia. Jednakże czy każdy prawnik może objąć jakikolwiek etat w administracji rządowej lub samorządowej?

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Širenje domašaja nepristrasnosti javnog beležnika u domen javnog prava

Author(s): Dragana Knežić-Popović / Language(s): Serbian Issue: 3/2017

The paper analyzes the revision of the role of notaries in public law that in a new way is lighting impartiality as one of the basic features of notary profession. To the new reconstruction of notarial activities could be reached only with overcoming the classical triple state power sharing and the expansion of the idea of “new authorities”. Therefore, these impartiality of notaries could come through, first, by analyzing the spread of the principle of separation of powers. These considerations have led, then, to the independent regulatory bodies to which the public administration, as entities outside its organizational structure, transmits more public authorities. By analyzing the characteristics and functions of these bodies doctrine has identified a specific function that they were given, the function of impartial guarantees, which provides protection of private and collective interests and rights. To the similar findings came jurisprudence in relation to the notaries as a public service, which shows that it can allocate an entire complex of activities that precede the drafting of notarial act and that could be defined as an adjustment to the will of the parties to the rules of the legal system. In this new reconstructed notary role the impartiality appears in a completely new dimension: impartiality arises as a rule of action, not only when he participates in the processing of cases in which the parties wish to define and achieve some private interests, but also, and above all, that impartially guarantees to third parties, and to the state that such arrangement does not oppose of other protected interests. In this way reveals that the obligations of the notary’s impartiality does not stop at the borders of private law, thus its scope becomes much wider.

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ЈАВНА АДМИНИСТРАЦИЈА – ПОКРЕТАЧ ИЛИ ПРЕПРЕКА ЕВРОИНТЕГРАЦИОНИХ ПРОЦЕСА У РЕПУБЛИЦИ МАКЕДОНИЈИ

Author(s): Borče Davitkovski,Ana Pavlovska-Daneva / Language(s): Serbian Issue: 1/2011

The aim of this paper is to present the Macedonian European integration process viewed through the lenses of the existing internal institutional framework. Integrating the Republic of Macedonia into the European Union has been, and will remain, a priority of every political elite, regardless of their place on the political spectrum. At this moment, as accession negotiations have yet to be opened, the only reliable method through which measurement of approximation can be made is through the progress reports, submitted yearly by the European Commission to the Council of the European Union. Macedonia still awaits for a substantial reform of the position of state servants, which would hopefully improve the performance and raise the efficiency of public administration. Such endeavor would require not only the new, reliable legal framework, but also the existence of a true political will, aimed at confronting problems and finding solutions, regardless of the short-term political price to be paid.

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СТРАЗБУРШКИ СТАНДАРДИ У УПРАВНОМ СПОРУ

Author(s): Vuk Cucić / Language(s): Serbian Issue: 2/2009

This article follows current important organizational and legislative changes in the domestic administrative-court proceedings (administrative dispute). The ongoing judicial reform in Serbia includes creation of the Administrative Court, which should adjudicate administrative disputes in the first instance. A draft of the prospective Administrative Dispute Act is under development. It is the intention of the author to contribute to the changes aimed at improvement of the administrative-court protection of the rights and freedoms of citizens and organizations in the Republic of Serbia. The author analyzes Strasbourg standards, and the level of harmonization of Serbian legislative solutions and case-law with these standards. Strasbourg standards encompass European Convention on Human Rights – namely, Article 6 of the Convention, regulating the right to fair trial, as well as the recommendations of the Council of Europe in the field of administrative law.

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PUBLIC ADMINISTRATION AND E-GOVERNMENT IN SERBIA

Author(s): Stevan Lilić,Mirjana Drenovak-Ivanović / Language(s): English Issue: 3/2009

In the context of a knowledge-based economy, the concept of e-government is taking effect in terms of efficiency, effectiveness, as well as in meeting the needs of democratic transition. Introducing e-government is an integral part of widespread public administration reforms that include “redefining” government. The main premise of e-government is that government information and services must be equally accessible to all citizens. Access to vital government information and rendering on-line public services (e.g. issuing permits, personal documents, submitting applications etc.) by an “open government” is creating a new quality of public services. Due to this, technical aspects of introducing e-government must seriously consider legal issues that arise from the new information and knowledge-based communication between government and citizen. In this model, the status of citizens as “customers” of e-government public services is prerequisite.

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ОДГОВОРНОСТ И ЕФИКАСНОСТ ИНСПЕКТОРА У ПРАВНОМ СИСТЕМУ СРБИЈЕ И ЦРНЕ ГОРЕ

Author(s): Nataša M. Tomić-Petrović / Language(s): Serbian Issue: 1-2/2003

Још у старој Кини истицана је потреба правилног управљања брањем часних и способних јавних службеника, а време је показало да је општи предуслов да службеници у управи заиста понесу и одрже атрибут часних и способних ако поред личних квалитета и радних способности, доследно испуњавају своје обавезе и одговарају за своје поступке.

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Orientacja strategiczna na otwarte innowacje jednostek samorządu terytorialnego

Author(s): Regina Lenart-Gansiniec / Language(s): Polish Issue: 3/2017

It is more and more expected of public organisations that they will be open to their surroundings and innovative. This imposes on them the need for changes, which makes them reach more and more for solutions reserved so far only for commercial organisations. In the article an attempt was made to answer the following question: what is the level of strategic orientation on open innovations of local government units? In order to realise the goal set in this way literature studies and empirical research were conducted in purposefully chosen local government units. The results of the conducted research indicate a mediocre level of orientation.

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