Ekonomiczne Problemy Usług (Dec 2018)

Procedura tworzenia samorządowych zakładów budżetowych – ograniczenia podmiotowe i przedmiotowe

  • Małgorzata Ofiarska

Journal volume & issue
Vol. 133


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. Starting from January 1, 2010, self-government budgetary establishments may be created, but the powers of the bodies of local self-government units (units) have been significantly reduced in terms of their creation or transformation. The restrictions are of a subjective and objective nature. The aim of the study is to analyze and evaluate legislation, court decisions and regional accounting chambers, as well as the achievements of the doctrine of the law of local self-government and the law of public finances regarding the scope of the authority of the organs constituting the municipality, with regards to creation, transformation, merger and liquidation of self-government budgetary establishments. The hypothesis was positively verified that the legislator, introducing subjective and objective limitations in the creation of self-government budgetary establishments, left at the same time a wide range of freedom of choice to the authorities between the form of a parabudget economy (local government budget plant) and the form of a fully off-budget economy (municipal company). In this way, it allows the implementation of specific public tasks according to the rules in force in the public finance sector or according to the principles characteristic of the private sector. The paper uses the dogmatic method (as a basic method) and, additionally, the empirical and analytical method (in particular with reference to the jurisprudence of the courts and regional chambers of auditors).