Prawne formy zarządzania przedsiębiorstwami państwowymi

Abstract

The paper refers to two forms of management of state-owned enterprises: administrative act and economic agreement. Another problem, which has not been considered as it needs a separate study, is the classification of forms of activity of objects of economic administration. According to the writer’s opinion the determination of legal forms of activity by means of systems of administrative-legal relation between the enterprise and its superior unit creates a basis to extend the notion of administrative act to the field of management of national economy. The notion of administrative act in the field of economy should, as it seems, be used in the meaning it has in the theory of administrative law. The legal basis of an administrative act issued in the field of economy should be a norm authorizing in this legal form the management of enterprise. The writer thinks it would secure the enterprise from an excessive amount of authoritative administrative acts which create a state of permanent pressure on this economic object. The legal system admits only administrative-legal forms of contracting economic agreements. Accession of an enterprise to an agreement has an obligatory character only when the enterprise is an economic unit of the given branch. Bodies not belonging to the branch participate in economic agreements facultativ e ly if their access is useful from the point of view of realisation of tasks of the social-economic plans. In the writer’s opinion, it creates considerable possibilities for initiatives of enterprises towards contracting economic agreements. The new proportions in applying of separate legal forms of management of state-owned enterprises result first of all from economic solutions. They leave to the enterprises a certain sphere of choice, pointing only to the economic consequences of activity.