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ОРГАНИЗАЦИЈА УПРАВЕ У ОБЛАСТИ ЗАШТИТЕ ЖИВОТНЕ СРЕДИНЕ

Author(s): Zoran Lončar / Language(s): Serbian Issue: 59/2012

Environmental protection is one of the new areas of administrative law. The need to institute special public authorities specializing in resolving various environment protection issues has emerged as a result of the need of the contemporary states to respond to the environmental consequences of the modern lifestyle. In the modern world, it is almost impossible to find a state that does not have a special public authority in field of environmental protection. In order to effectively meet its international obligations in terms of environment protection, the Republic of Serbia has exerted considerable efforts to adjust the organization of its administrative authorities to these requirements. Over the past decade, Serbia has established a number of state authorities and administrative bodies at the level of provincial and local governments which have jurisdiction in different environmental issues. Comparatively frequent changes in the organization of the state have often been accompanied by changes in the organization of the administration and, in particular, the bodies in charge of environmental protection. For this reason, one of the major issues in assessing the legal regulations on environmental protection today is the adequate organization of the administrative authorities in this field. Upon a detailed analysis of the current organization of the state, provincial and local governments, we may conclude that there is a number of improper solutions that can have a negative impact on the proper implementation of regulations pertaining to the preservation and improvement of environmental quality. The most significant among these drawbacks is the presence of a number of different authorities at the state level (the Ministry of Environmental Protection, the Environment Protection Agency, the Department of Environment Protection, the Environment Protection Fund) which have rather similar competences. The overlapping of their responsibilities and jurisdictions may result in a duplication of activities, inefficient use of funds, an excessive number of employees, management difficulties, lack of operative efficiency, etc. This phenomenon is especially prominent in relations between the state (republic) administrative authorities and the provincial administrative authorities in Vojvodina. The proper application of the legal regime in the field of environmental protection which is performed by a provincial administrative authority is important not only as an opportunity to exercise control of the central authority but also because of the funding of these activities. These and all other specified deficiencies in the organization of the administration may also make it impossible to adequately implement the uniform state policy in the field of environmental protection. Therefore, we believe that with a minor reform of organizational legislation could eliminate all legal obstacles and create conditions for an effective and rational implementation of numerous legislative and statutory acts in the field of environment protection.

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ПОЈАМ И ВРСТЕ ДРЖАВНИХ СЛУЖБЕНИКА

Author(s): Aleksandra Ilić Petković / Language(s): Serbian Issue: 57/2011

One of the most important factors of the work quality of an administration is its personnel structure. Accordingly, all modern states give substantial attention to proper selection of personnel and their constant education and professional development. Administrative personnel consist of all employees who perform duties and tasks in administrative bodies. Just as there is no single definition of the term civil servant so the term is not uniform in the legislative practice. According to legal regulation in the Republic of Serbia, all personnel in public administration can be classified into government officials, civil servants, and other employees (without the civil servant status). In addition, different classifications of civil servants are possible. With different possible definitions and classifications of civil servants, we conclude that it is desirable to utilize the term civil servant as defined in legal regulations of individual states, because it is impossible to provide a single, generalized definition of a civil servant valid for all, but different, legal systems and for one legal system in a different time.

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ПРАВА И ДУЖНОСТИ ДРЖАВНИХ СЛУЖБЕНИКА У РЕПУБЛИЦИ СРБИЈИ

Author(s): Zoran Jovanović,Dragomir Janković / Language(s): Serbian Issue: 56/2010

The specific legal regulation of the employment of civil servants reflects their privileged position in relation to the private sector employees. Their, in a way, privileged position, can be described with the following benefits: adequate working conditions, ensured salary from the public resources (state budget), guaranteed legal protection, etc. However, on the other hand, civil servants are restricted by certain legal limitations which do not exist in private sector and which are the result of the specific nature of the official’s position or his job description. Thus, these restrictive regulations include: the prevention of the conflict of interest, anti corruption measures, restrictions related to the possibility of taking an additional job (as a possible source of corruption), prohibition to establish commercial associations, entrepreneurial firms and forms of public services. Failing to comply with these restriction may cost a civil servant his employment in the public sector. All comparative legal systems comprise some sort of regulation which define the rights and duties of public servants. The reason for this kind of regulation can be found in the specific nature of the relations that exist between the civil servants and the state and the duties that the civil servants perform.

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НАДЗОР ЈЕДИНИЦАМА ЛОКАЛНЕ САМОУПРАВЕ У ЕНГЛЕСКОЈ

Author(s): Dejan Vučetić / Language(s): Serbian Issue: 55/2010

The paper analyse supervising system of local government in England,as part of a complex network of relations between central and local government bodies - and the two most important forms of control: administrative and judicial. The main trends in the central control, from the midtwentiethcentury onward, include gradual removal of detailed control over some aspects of individual acts of local authorities, but, on the other hand,expansion of control mechanisms over local spending and introduction of mechanisms for measuring performance, at first of specific services, and later of entire local government competences (principle of best value).

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UNELE CONSIDERAȚII PRIVIND NOȚIUNEA DE FUNCȚIONAR PUBLIC ÎN LUMINA DISPOZIȚIILOR DIN NOUL COD PENAL

Author(s): Victoria Cristiean / Language(s): Romanian Issue: 29/2017

The difficulties appeared in practice - as a result of the insufficient definition of the term “ civil servant”, of the constitutive elements of those infringements connected with corruption, as well as the necessity of harmonizing the Romanian legislation with the provisions stipulated by international documents, justify the necessity of taking into account the amendments that should be worked in the New Criminal Code, in as far as this aspect is concerned.With a view to assure a good evolution of the public activities, as well as for to prevent or fight against those acts that cause damage to such activities - and especially to the reliability granted by the society to such public activities - it is necessary that the attributes of a public function should be well known and understood. To really know which are the responsibilities of public function means to really know what persons are able to practice such public functions.

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Savremeni trendovi u razvoju javnog sektora

Author(s): Goran Dašić / Language(s): Serbian Issue: 5/2018

The situation in the state administration during the 20th century becomes the limiting factor of overall development and progress. Increasingly during the decades, the state birocratic apparatus „ate itself“, which has become a powerful limiting factor in governing the country. For these reasons, during the second half of the 20th century, new administrative waves of managerial reforms in the public sector and the state administration will mark the stage of social development, which will mark social development to the present day. The development of new public management as a doctrine has been favorable and can be said to be crucial political successes and the coming to power of the conservative parties in the early 1980s of the 20th century, especially in the United Kingdom and the United States, but also in France, West Germany, Denmark, Austria, Canada and other countries. Entrepreneurial or business concept of public management, that is the introduction of a system of quality of public services becomes the main goal of all administrative reforms. Certain features of the new public management are identical at the level of the public sector as a whole or system. This primarily refers, to the formation of a large number of departments, organizational units or sectors that are narrowly oriented and focused on one or several goals. Also, greater freedom in decision – making, it is achieved that public managers are focused on the result, but also on the ultimate beneficiaries of services provided by the public sector.

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Viešosios šeimos politikos realumas: galimybės nustatyti priemonių ryšį su rezultatu

Author(s): Eglė Kavoliūnaitė-Ragauskienė / Language(s): Lithuanian Issue: 73 (3)/2011

Every country has its own family policy aims and wide scope of measures to choose from for the implementation thereof. Naturally it is or should be expected to make choices which lead to the greatest fulfilment of the envisaged result. However, the experience of different countries shows that countries which chose similar measures for the achievement of the same goals receive different outcomes. This allows raising a question: what are the most important determinants for the success of the family policy? How to know what measures must be chosen for the achievement of the set goals? The article consists of two major parts. The first part describes aims, separate measures, system of measures and the possible complexes of measures in the disposition of a country. In other words, this part determines the possible variations for the choice of public family policy measures in any country as a background for analysis of possibilities to determine the coherence between family policy measures and family policy outcomes. The second part analyses the researches establishing the coherence between the family policy measures and the outcomes thereof. First of all, a simple impact model from the outlook of a policy maker is analysed, i.e. the way from the variety of possible public family policy measures to the selection of particular measures (analysing the motives for the selection of particular measures) and from the selection of particular measures to the attainment of particular outcomes (seeking to evaluate the possible effect of external factors). Later on, the part describes the family policy result from the outlook of persons who display the outcomes of family policies, i.e. receivers of particular policy measures. In such case, the reference point is a person, who takes the particular decision which is the aim of policy makers. The whole family policy is taken as stimulation for the making of such decision. Finally, this part analyses a closed system, where both policy makers and subjects to whom family policy is directed are treated as an integral part of a system, interdependent with other factors within the system. In this situation, neither policy makers nor families or family members are regarded as independent actors. The findings of the article provide recommendations for public policy makers in the procedure of formulation of family policy measures.

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Socialinės garantijos šeimai kaip socialinės politikos šeimos srityje įgyvendinimo teisinės priemonės

Author(s): Eglė Kavoliūnaitė-Ragauskienė / Language(s): Lithuanian Issue: 70 (4)/2010

Social guarantees to families may be regarded as a policy measure for easy attainment of favour from a particular group of persons, one the one hand, and as a tool for achievement of long-term aims of the country, on the other hand. The answer whether the provision of social guarantees to families is effective depends on many factors. However, the first step to be taken must be a clear definition of the priorities of the state, which would involve such measures as social guarantees to families. The article analyses aims of the state, the attainment whereof is related with the provision of social guarantees to families drawn up according to the general aims of the EU. Two main aims are described: the need to motivate persons raising children to return to the labour market and the need to induce the birth rate. Accordingly, measures for the attainment of both aims are described. Besides the possible directions of the social security measures the article deals with the general criteria for the integration of the social guarantees to families into the legal system of the state. The adoption of particular measures is not sufficient for the achievement of particular aims. The chosen measures must conform to the existing system. For this purpose, the article describes criteria for the successful integration of social measures to the legal system besides the general law making requirements.

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Мотивацията на служителите в местната администрация в България – проблеми и възможни решения

Author(s): Kalin Boianov / Language(s): Bulgarian Issue: 4/2018

In any organization, whether large or small, employees work enthusiastically or with jealousy, cooperate with each other and with the management to achieve the set goals. The relationship between motivation and local government employees is a neglected topic of research in Bulgaria. Therefore, this article attempts to explore the types of motivations that local government employees need to gain, and the extent to which the lack of motivational impact affects the spirit of employees in fulfilling the organization's defined goals, mission and vision.

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Participation of the Community in the Decision-Making Process - Case the Municipality of Pristina

Author(s): Ferdi Kamberi,Bekim Baliqi / Language(s): English Issue: 08/2018

The community nowadays is defined as a group with a social affiliation, shared value, and interaction that links these members together. Participation of the community in decision making is considered essential characteristics of democracy and particularly of the local government. Thus local governments, through various democratic forms, seek to involve the community to be part of the decision-making process. Various studies and reports in Kosovo do emphasize that participation of the community in policy design and development is low. For this purpose, this paper aims to analyse the community’s participation of the community in the decision-making process with a particular emphasis on the municipality of Pristina. The research provides a holistic approach to community development in the municipality of Pristina, the level of participation in decision-making processes, forms of communication between local government and the community, and the impact of community development in drafting public policies at the local level. The methodology used here is focused on the different studies and reports on local government and community, and also on quantitative research on public opinion measurement as well. The overall results of this paper emphasize that although there are institutional mechanisms for participation in decision-making, there is a decrease in community participation in decision-making and in the process of drafting and developing local public policies.

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Pojęcie „wszystkich stron” w rozumieniu art. 132 Kodeksu postępowania administracyjnego

Author(s): Beniamin Rozczyński / Language(s): Polish Issue: 2/2018

Author presented in the article the issue of the party in the appeal proceedings. In this respect, the author analyzes the rights of the parties and entities with the rights of the party in the appeal proceedings. The aim of the article was first of all to develop the "all sides" issue, which is interpreted differently in the doctrine and judicature. In the course of the analysis, the author points out issues that may have a significant impact on the possibility of the self-regulatory body applying the institution to public administration. In conclusion, the author presents his own views as well as presentations presented in the literature and jurisprudence. Justifying the validity of the presented position, he cites the arguments taken from his current practice.

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Komunikacja zwykła, pospieszna, przyśpieszona i ekspresowa na gruncie przepisów o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego

Author(s): Adrian Misiejko / Language(s): Polish Issue: 4/2018

Ustawa o uprawnieniach do ulgowych przejazdów środkami publicznego transportu zbiorowego (Entitlement to Reduced Mass Public Transport Travels Act) does not define definitions that are key to determination scope of entitlement - komunikacja „zwykła”, „pospieszna”, „przyśpieszona” i „ekspresowa”.As a result, public administration and judicary are referring to the rozporządzenie Ministra Transportu, Budownictwa i Gospodarki Morskiej z dnia 10 kwietnia 2012 r. w sprawie rozkładów jazdy (Regulation of Minister of Transport, Construction and Maritime Economy of 10 April 2012 of Transport Timetables) which act regulates that phrases on its own ground. However, this executive act was issued on the basis of another (than ERMPTT Act) law – ustawa - Prawo przewozowe (Transport Law Act), and the delegation appointed in it does not envisage defining that phrases. This raises doubts as to the admissibility of the relevant application of the provisions of the Regulation to the interpretation of the ERMPTT Act.

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SKANALIZOWANIE GMIN I AGLOMERACJI: METODA BAZY BUDYNKOWEJ A SZACUNKI

Author(s): Artur Myna,Andrzej Matacz / Language(s): Polish Issue: 517/2018

The population that uses sewers and the sewer systems rate of municipalities and agglomerations have been developed. The hypothesis has been verified that the sewer systems indicators, calculated for agglomerations by the Central Statistical Office, are generally overestimated and therefore more agglomerations, than are generally assumed, do not meet the requirements of the waste directive. According to the Base Building Method, RLM using sewers higher than 90% were reported only in every ninth agglomeration, and in more than one quarter it did not exceed 30%. The relatively low sewer system rate of agglomerations is connected with the desire to cover as much of the population as possible, thus with an inadequate delimitation of the agglomeration. It is therefore recommended that the boundaries of agglomerations should be defined in GIS and the Base of Buildings and the population balances should be used as the sources of data on the number of dwellings equipped with sewerage and the population living there.

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NADZÓR NAD REALIZACJĄ ZADAŃ W ADMINISTRACJI SKARBOWEJ

Author(s): Monika Ucieszyńska / Language(s): Polish Issue: 513/2018

Effectively conducted surveillance should protect the unit from the negative consequences of risk. It should also constitute an instrument to assist the achievement of the objectives of internal control, and thereby ensuring the effectiveness and efficiency of the unit. As a result of the checks carried out, the supervisory authority may take power actions of the supervised entities.. These actions are to ensure the elimination of shortcomings and deficiencies, as well as to contribute to compliance between the current and actual status. The article is to present and analyse supervision, its impact on the effectiveness and efficiency in units of tax administration. For the needs of the study the content of the literature and existing legal acts were used.

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Sprzeciw – nowy środek kontroli decyzji kasacyjnej w postępowaniu sądowoadministracyjnym

Author(s): Klaudia Anna Celińska / Language(s): Polish Issue: 35/2017

The subject matter of this article concerns the objection as a very new court control system of appeal against sentence in administrative procedure. The above-mentioned issue does stem from novelization of administrative proceedings which are regulated in Act of 1 June 1960. The content of this study encompasses the premises for objection on decision and focuses on changes of the Polish Administrative Code from 2017. First of all, the author describes the objection, specially its form and legal character. In the further part, the paper focuses upon on differences between the objection on decision and complaint about the court's judgment known from the old legal status. Attention was also paid to the problem of the acceptability of objection which is based only on decision regulated in Art. 138 § 2 of the Polish Administrative Code. In addition, the author raises a very important issue of jurisdiction of the Voivodeship Administrative Court in this case.

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KOSZTY W PROCESIE OUTSOURCINGU

Author(s): Elżbieta Marcinkowska / Language(s): Polish Issue: 514/2018

The article raises the issue of cost savings as an important premise in outsourcing decisions taken by managers of public organizations. The aim of the article is to analyze service costs and transaction costs in the life cycle of an outsourcing service based on the example of two public entities that have outsourced ancillary services.

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Precedent as an Element of Shaping Public Administration Policies

Author(s): Adam Szot / Language(s): English Issue: 1/2018

The aim of this publication is to answer the question why and to what extent the arguments expressed in previous decisions issued in the result of law application processes (precedents) – both from the administration itself as well as from the judiciary – may influence the development and shape (content) of public administration policies. In addition, the limitations of this phenomenon in the rule of law will be discussed.

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The Impacts of Globalisation Processes on the Execution of Public Administration Functions

Author(s): Ondrej Mitaľ / Language(s): English Issue: 4/2018

Contemporary public administration faces many challenges. Globalisation flows represent practical aspects of globalisation as well as functions of public administration represent practical aspect of government. The presented study regarding the challenges of public administration viewed within the context of contemporary globalisation processes concentrates its attention on the metamorphoses of public administration functions. The aim of presented paper is to analyse, with the help of inductive and deductive methods, the impacts of contemporary globalisation processes on the realization of public administration in the conditions of Slovak Republic. Our hypothesis predicts that the globalisation processes and globalisation flows influence the execution of public administration in the Slovak Republic. Presented paper concentrates its attention on the relationship between globalisation flows and public administration functions. The main benefit of the paper is based on the finding that contemporary globalisation flows could be significant factor in transformations of the public administration functions. Finally, the impact of globalisation processes is obvious in each of four basic functions of public administration – administration function, self-organisation function, regulatory function and function of providing public goods and public services. We cannot say that these forces are dominant, but globalisation processes are important factor that should be considered.

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Проектната дейност в общините по програми съфинансирани от фондовете на ЕС (по примера на селските общини от област Бургас)

Author(s): Stanislava Gardeleva / Language(s): Bulgarian Issue: 3/2018

The municipalities in Bulgaria are one of the main and direct beneficiaries of the financial assistance provided by Cohesion, Structural and Investment funds of European Union, by developing and implementing projects which are part of Operational programs. In the last few years in Bulgaria the problems with development of rural municipalities is getting deep. The development and realization of project, co-funded by funds of EU, give opportunity to be resolved key issues concerning economic, social and environmental development of rural municipalities.

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Koordynacja i współdziałanie w administracji publicznej w świetle prawa

Author(s): Wojciech Góralczyk / Language(s): Polish Issue: 2/2018

Coordination and cooperation in public administration under the law. Summary There are some typical relations that can be observed in public administration, including management, supervision, control, coordination and cooperation. The latter two are seldom subject to scrutiny by administration law academics. The purpose of this article is to initiate a discussion on filling this gap. The legal separation of coordination creates certain difficulties. In most cases, coordination is performed in connection with supervision or control. This type of coordination can be described as functional. However, independent coordination also exists. Due to the limited number of positive law regulations regarding this type of coordination, it is usually limited to the coordinating body applying non-authoritative measures. The coordination relationship in administration law is an unusual type. At least three entities are necessary for such a relationship to exist, namely a coordinator and two coordinated parties. The analysis of cooperation in public administration is possible upon considering the principle of general cooperation as a separate one. This principle could have the status of a general administration law principle, but the positive law does not currently formulate this principle directly. However, it can be derived from various applicable rules, including rules of constitutional importance. This principle dictates that all public administration entities must cooperate with each other. It rules out any competition between these entities. The article attempts to define forms of cooperation, indicating their diversity. Many issues related to coordination and cooperation in administration still require scientific explanation. A further stage should involve regulating these activities within the framework of the positive law. This could be implemented by future act – the “General Provisions of Administrative Law”.

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