Statutory Tasks Research Articles

Experience of Civil Government of Russian Federation Subjects with Institutions of Civil Society in the Sphere of Corruption Counteraction

The anti-corruption principles established by the legislation of Russia are represented by state cooperation with civil society institutions, international organizations and individuals. This work gives the author's interpretation of “civil society institution” concept. In order to disclose and implement the provisions of the law, they formulate the criteria to classify various associations of citizens as civil society institutions. The study describes the possible trends of joint activities of regional government bodies of the Russian Federation and civil society institutions on anti-corruption issues. According to the Decree of the President of Russia, specialized anti-corruption bodies have been created in each constituent entity of the Russian Federation - the commissions for coordination of efforts to combat corruption, which are endowed with serious powers described in the work. The composition of these commissions may include the representatives of public chambers, scientific and educational organizations, as well as public organizations whose statutory tasks is to participate in the fight against corruption. Such a solution makes it possible to increase the transparency of government body activities and improve public control over it. Based on the results of the work, they formulate main conclusions, proposals and recommendations for state bodies and civil society institutions. The thesis is proved that the principle of cooperation between the state and civil society institutions in the activities of the commissions for anti-corruption work coordination in a number of Russian regions is not implemented or is implemented formally. The statement is substantiated that the inclusion of civil society institution representatives in the commissions is often takes place on the basis of loyalty (“convenient sampling”).

Budżet obywatelski a samorządowe konsultacje społeczne. Rozważania nad wielopostaciowością administracji publicznej na płaszczyznach teorii i praktyki

Civic budget (participatory budget) shows us that public administration is multiform. It is a relatively new institution of direct democracy which has been implemented since 2011. It does not have a specific legal framework. For that reason, it is adapted to well-known forms, such as social consultation or – on the contrary – to other ideas. In this case, the citizens’ budget may be based on statutory tasks executed by municipalities, rules regulating public finances or social contracts. Each way allows using other features of this institution. Neither is perfect, though.

The Role of Precedents in Netherlands Tax Litigation

This article examines the role of precedents in tax litigation in the Netherlands, with special reference to the case law and the statutory tasks of the Hoge Raad der Nederlanden (Supreme Court of the Netherlands).

Professional ethics in the Police and safety in service. Theoretical and practical issues.

The changes introduced in the system of internal security in Poland after 1990, especially the activities of the Polish Police, are aimed at perceiving the servant role of the whole formation in relation to the society. Progressive professionalisation is connected not only with continuous improvement and exchange of equipment resources, but above all with high expectations towards the officers themselves. In this sense, in order to carry out the statutory tasks well, the policeman should obviously have the latest technological achievements, but it is equally important that he or she has a high sense of morality. In difficult situations, he or she must have no doubts as to how he or she should behave, what is good and what is wrong - what is bad. Ethically deepened professionalism means not only taking care of the quality of their work and its effects, but also taking care of good interpersonal relations, effective protection against unnecessary tensions, observance of the rules of appropriate behaviour and the accompanying diligence and efficiency of their actions. Openness of the Police to society, including building public trust based on ethical principles and absolute respect for human rights, supported by social research, is a testimony to the growing professionalism. The indicated trend in the development of the Polish Police is a new challenge. It is characterized by a return to the ethos of the State Police, but as it should be believed, it will not always meet with full recognition and understanding of the police community. This justifies undertaking research on the relationship between the rules of professional ethics of the police officer and their impact on the safety in service. This article contains a scientific exploration of the issues raised, supported by empirical research on a group of 326 Polish Police officers.

Training system of the Polish police officers – in the past and today

One of the most important areas of activity of the Police, which plays a fundamental role in shaping the internal security of the state, is the educational activity of training centres for these formations. Although they do not deal directly with performance of statutory tasks their importance in the area of, among other things, quality of services, development of formation culture and its identity and elitism is undisputed. The overriding role of police education is to prepare highly specialised staff in strategic areas of combating crime. This staff will effectively perform the statutory tasks of the formation, connected, among others, with the protection of state security and the public order, protection of human life, health and property, as well as widely understood criminological prophylaxis. For a very long time, education has been a fundamental and universal determinant of human development. Educational activity is the basic condition determining, first of all, moral development of a person. Pedagogical activity is a function of cultural development of societies and an opportunity to overcome prejudices and stereotypes. The position of education in the structure of the state's objectives determines its development in the long run in practically all areas. This study is an attempt to systematically look at one of the elements of the internal security subsystem of the state which is modern police education. The system of training and in-service development of the Police in Poland has been a subject of great interest for many years. Currently, the Polish Police are on the verge of major organisational changes which will also result in structural changes in the educational system. The system of training of the largest uniformed formation of the Ministry of Internal Affairs and Administration is the basis for effective and professional training of the police personnel in all kinds of executive and managerial positions. The current solutions in this area are an effect of a specific evolution both in the organizational and structural dimension. The author's intention is to present the issues of Polish police officers training from the moment of the establishment of the State Police to the present day, with particular attention paid to the way of organizing the system of training and in-service development of police officers.

COOPERATION BETWEEN THE POLICE FORCES AND NGOs WITH RESPECT TO THE PROVISION OF SECURITY

The Police as the largest uniformed law enforcement agency in Poland (more than 100,000 functionaries) with strictly hierarchical command structure is capable of entering into cooperation with external entities including non-governmental organizations. NGOs are all entities which are not public administration organs or units and which operate on a non-profit basis. A characteristic feature of an NGO is the lack of links to the public authorities. In Poland the status of NGOs is regulated by the Public Benefit and Volunteer Work Act of 2003 which introduced an extended definition of non-governmental organizations as entities engaged in public interest and charitable activities (ngo.pl, 2018). The paper presents the subject matter related to the cooperation of the Polish Police with non-governmental organizations with respect to their statutory tasks, determines the place of NGOs in the security system and draws conclusions and recommendations regarding the cooperation.

TRADE UNIONS AS AN INTEGRAL ELEMENT OF PUBLIC SERVICE

The article deals with the trade unions as a grant to protect the rights and interests of civil servants, reveals the main tasks of trade unions. The activity of trade union organizations in the structure of the state body in Ukraine is analyzed. The legal mechanisms of asserting the violated rights of a civil servant by a trade union organization of a public body and the role of trade unions in protecting the rights of civil servants in developed countries are emphasized. The state at certain times gave the trade unions great powers to protect the rights and interests of workers, and then deprived the trade unions of these powers. In connection with this, various problems arose in regulating the activities of trade unions in the protection of individual and collective rights and interests in the protection of public servants. All this affected the legal status of trade unions. However, it should be noted that trade unions are in constant flux and this leads to improvements in the regulations governing their activities. However, it should be noted that today there are many problems in Ukraine regarding the exercise by the trade union organizations of their powers in the civil service. In particular, the legal status of trade unions in the civil service is not regulated enough, which, in turn, does not allow them to fully protect the legal rights and interests of civil servants. Considering the importance of trade unions in protecting labor rights and the socio-economic interests of workers, in developing democratic forms of citizen participation in managing economic and political processes, a democratic, legal, and social state, which is Ukraine, should support trade unions and take care of legislative consolidation. their authority. Trade unions at all levels should once again return to the consideration of their core functions and pay attention to those that will now be more conducive to the achievement of the main objective of the creation and activity of trade unions – the protection of social-labor rights and interests of trade union members. Today’s Ukraine needs strong unions. A strong union is a union that effectively protects the interests of its members, enjoys their trust and support, is able to organize, if necessary, collective action to protect the socio-economic rights and interests of employees, has sufficient organizational, financial, and human resources to fulfill its statutory tasks. Keywords: trade union organization, protection, rights, the role of trade unions, legal mechanisms.

РЕПРЕСИВНА ПОЛІТИКА РАДЯНСЬКОЇ ВЛАДИ ПРОТИ МИТЦІВ УКРАЇНСЬКОГО КІНЕМАТОГРАФА ДРУГОЇ ПОЛОВИНИ 1960-Х – ПЕРШОЇ ПОЛОВИНИ 1980-Х РОКІВ

The purpose of the paper is to unblended analysis of sources and literature on the repressive policy of Soviet power against the representatives of Ukrainian cinema. In general, the main principles of party-state policy in the field of cinematography, including the mechanism of the influence of ideology on the cinematographic process in the Ukrainian SSR, are grounded, and the interaction between public administration and creative organizations is grounded; The main methods and forms of the repressive policy directed against the artists of Ukrainian cinema are described. The existing structure severely restricted the powers and independence of the respective republican units of management. In Ukraine, the general management of cinematography was carried out by the Council of Ministers of the Ukrainian SSR through the State Committee of the Council of Ministers of the Ukrainian SSR on cinematography - a union republican body that did not have the necessary independence in determining the main principles of the development of cinema art. Derzhkino's powers included economic, financial functions and control over the ideological content of film production. Derzhkinos powers included economic, financial functions and control over the ideological content of film production. It was in its structure that the Cinema Repertoire Control Inspection functioned, the decision of which depended on the fate of films: from the approval of the script to the release of the film on the screen. In those years, the practice of «film on the shelf» was extended, when films that were fully licensed for rental by all instances were fully prepared for rental, in the final version they did not satisfy the authorities, they were banned from showing. A more liberal requirement was the processing of unsatisfactory moments. The control over the repertoire of films that fell into the audience was reliant on the Main Directorate of Film and Film. The article uses the following research methods: comparative-historical, typologies, classifications, problem-chronological, objectivity, multifactor, which allow to study complex social phenomena, concrete events and facts in their dynamics. In the course of the study, it was found that during this period there was a structuring and centralization of the management system of the cinematographic industry, the general leadership of which belonged to the State Committee of the USSR. It is proved that during the years of stagnation the influence of the command-administrative system and the rigorous subordination to the principles of party ideology, which involved interference with creative processes, increase of authorizing powers of administrative structures and increase of censorship, was intensified. It was found out that after the thaw was extinguished, Ukrainian cinema was subject to strict regulation of the canons of «socialist realism». Ideological policy was secured by relevant party and state regulations, which provided a party assessment of the development of cinematography, criticized areas that were not interested in the party-bureaucratic system, the thematic orientation of cinema was normalized. Against the representatives of this course, the authorities used the usual spectrum of methods of struggle: blatant criticism and discredit in the media, in party and government decisions at the gathering of cinematographers; prosecution and imprisonment. The process of organization of the state campaign against the school of poetry films in the context of implementation of the policy of narrowing the sphere of application of the Ukrainian language and reducing the production of films in the Ukrainian language is analyzed. The planning of the work of film studios, censorship on the subject of films became the main tools for enhanced control over the development of Ukrainian cinema during the studied period. The interaction of public administration and creative organizations - the Union of Cinematographers of Ukraine, which was a pro-government structure and controlled by the party bureaucracy, was grounded, although one of its statutory tasks was protection of the creative, professional, copyright and public rights of its members.

THE WESTERN UKRAINIAN ASSOCIATION OF THE LEAGUE OF NATIONS: CREATIONS, STATUTORY TASKS, THE FIRST STEPS IN THE INTERNATIONAL STAGE

Geopolitical changes in international relations after the First World War, new accents in the foreign policy of the leading European countries, increasing the relevance of the "Ukrainian issue" were the main factors that stimulated the interest of Galicia's public figures in international policy. The Western Ukrainian Society of the League of Nations (ZUTLN), pursuing the idea of reviving Ukrainian statehood, tried to influence the solution of the "Ukrainian issue" in the format of the Union of Societies of the League of Nations (STLN). The author considers the program principles of activity, the status of ZUTLN in STLN, the impact of international factors on the evolution of its activities, shows the relationship of ZUTLN with the ZUNR (Western Ukrainian People's Republic) government-in-exile, Ukrainian parties, organizations, institutions. The attitude of ZUTLN to the policy of the Polish authorities on the "Ukrainian issue" is also illustrated. The formation of the society is associated with the Ukrainian political emigration, and its ideological platform was based on the idea of non-acceptance of the Versailles system of treaties (on the dividing of Ukrainian lands between the USSR, Poland, Romania, Czechoslovakia), the Treaty of Riga 1921 between Poland, the Russian SFSR, and the USSR, as well as the decision of the Council of Ambassadors of the Entente States of March 15, 1923. To implement the statutory tasks, ZUTLN kept close contacts and cooperated with the ZUNR government-in-exile, political parties of Western Ukraine, as well as with the UPR (Ukrainian Parliamentary Representation) and other public and political organizations. Keywords: ZUTLN, STLN, Poland, the Western Ukrainian People's Republic, statut, Galicia, League of Nations.

PRAWNO-ADMINISTRACYJNE DETERMINANTY FUNKCJONOWANIA RADIOFONII I TELEWIZJI W POLSCE

This article is an attempt at defining legal and administrative determinants of broadcasting in Poland. The author has undertaken an analysis of the statutory tasks and system of broadcasting companies, including their executive (management boards), supervisory (supervisory boards) and advisory and consultative bodies (programme boards). He also provides details concerning the statutory requirements for the appointment and dismissal of the National Broadcasting Council and its principles of operation and rulemaking, with particular reference to several dozen regulations governing the media market in Poland.

Effects of Police Activities of the Mazovian Police in the Scope of Improving the Security of School Transport

Ensuring road safety is one of the basic statutory tasks set against the Police. Out of concern for the safety of the youngest road users, brought to educational institutions, the policemen of the Masovian Police from October 2017 to the end of June 2018 carried out activities under the name „GIMBUS”. These activities consisted mainly of checking the technical condition of vehicles and the sobriety and working time of drivers. They are an important instrument of actions aimed at improving the state of road safety in Poland, reducing the costs of road accidents and achieving the objectives of European transport policy. This article presents the results of the control activities carried out.

Old forensic Evidence, Contemporary Resources of forensic Science and the Police X-Files — Crime is Not an Abstract and theoretical Entity Out of Touch with Reality

The obligation to prosecute the perpetrator of any crime throughout the entire period of its punishability is one of the statutory tasks of the Police. The prominent forensic scientist — Hans Gross claimed that crime is not an abstract and theoretical entity out of touch with reality, but a real social phenomenon that can be investigated and recognised. Nevertheless, archive shelves contain records of undetected crimes from the past years that cast a shadow over police statistics and never give investigators any peace of mind. These undetected crimes from a few, a dozen or even several dozen years ago, are reinvestigated by officers from the Cold Case Units (colloquially referred to as the Police X-Files). Currently, such a unit operates in each regional police headquarters as well as in the National Police Headquarters. The methods and means that the X-Files investigators take advantage of depend on the specificity of an individual case, however, in the model of their conduct, it is forensic science that plays a significant role — alongside covert policing or criminal analysis. Physical evidence plays a huge role in determining the objective truth, and thanks to the research methods and tools currently available to crime scene investigators, the boundaries of learning about the reality are expanding. Despite the passage of time, the purpose of criminal proceedings is achieved, i.e. perpetrators of many crimes committed years ago are identified and brought to justice.

Samorząd terytorialny jako uczestnik komunikacji społecznej

The author considers local government as a participant of social communication, mainly by means of its public communications. He emphasizes two fundamental forms of public communication, formal and informal. He touches upon the political foundations of local government information policies, which implement a specific political vision of the authorities. The author concludes by saying that in the field of information policy a unit of local government cannot be treated as a passive executor of statutory tasks (in their formal and legal aspects) but should rather be perceived as an active creator that runs its information policies on the basis of its own local policy (the political and legal aspects).

Organizacja oraz finansowanie publicznego radia i telewizji w Republice Federalnej Niemiec

THE ORGANIZATION AND FINANCING OF A PUBLIC RADIO AND TELEVISION IN THE FEDERAL REPUBLIC OF GERMANYIn the Weimar Republic and in the Third Reich, radio broadcasting was dependent on the government. The Federal Republic of Germany, on the other hand, created a legal system that provided the mass media with legal and factual independence. The system of radio and television was influenced by the case law of the Federal Constitutional Court. The public radio and television broadcasters include national broadcasters and joint broadcasters of federal states, organized as public-law establishments with legal personality. The management of broadcasters has been implemented basing on similar principles. The radio broadcasting board is a constitutive and controlling body, the administrative board and the authorizing officer are executive organs. The national radio board consists of people delegated by the parliament, national government, circles and organizations which are significant politically, ideologically and socially, according to the statutory key. The board of Deutschlandradio, a corporation associating ARD, ZDF and national broadcasters, consists of representatives of the federal states, the federal government and social organizations. The radio board selects the majority of the members of the administrative board, selects and dismisses the authorizing officer, consents to the casting of the broadcaster’s management positions, adopts program guidelines, advises the authorizing officer in shaping the program and other basic matters, approves the economic plan, adopts the discharge resolution. The administrative board supports the broadcaster’s economic development, concludes an employment contract with the authorizing officer, settles disputes between the authorizing officer and the broadcaster, supervises the management of cases by the authorizing officer, controls the budget and annual closure drawn up by the authorizing officer, publishes the balance sheet and the annual report, takes decisions on contracts if there is no competent authorizing officer. The broadcasters are legally supervised by the competent government or minister. The internal control exercised by the radio board plays a fundamental role in the area of ensuring compliance with the law. German radio and television is financed by levies — initially from fees, and starting on 1.01.2013 from contributions levied on households. There is financial equalization in public radio and television. Such a system of financing provides the public media with independence and ensures the implementation of their statutory tasks, in particular the fulfilment of the public mission.

Processing Personal Data by the Police in the Light of Changes in EU Law

In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.

Prawne aspekty realizacji zadań Narodowego Instytutu Wolności – Centrum Rozwoju Społeczeństwa Obywatelskiego jako jednostki sektora finansów publicznych

Goal – The aim of the study is to present the results of the legal analysis of regulations included in the Act of 15 September 2017 on the National Institute of Freedom – the Center for Civil Society Development.The study is intended to assess legal regulations of the implementation of the tasks of the National Institute of Freedom in the light of the applicable law and the doctrine of public finance law. The basic research objective is focused on the analysis of legal and financial instruments serving the implementation by the National Institute of Freedom – Center for Civil Society Development of state policy in terms of civil society development, based on the principles of openness, competitiveness and transparency.Research methodology – The research used methods of legal text analysis (formal and linguistic method and the logical method) as well as dogmatic and legal method. The context and legalcomparative method was also used to the extent necessary for legal analyses. The studies presented in the study concern (1) the legal status of the National Institute of Freedom as an executive agency, (2) the statutory tasks of the Institute and (3) the ways, forms and modes of their implementation, and (4) the legal aspects of financial management Institute. The subject of the analysis is the correspondence of particular legal solutions contained in the Act to other legal regulations and the achievements of science. Score – The results of the conducted research are (1) theorems describing the applicable legal status in the examined range, (2) theorems reconstructing the conceptual apparatus applicable to the subject, (3) the thesis assessing legal solutions, and (3) de lege ferenda postulates.

ROLA „LIGI POLSKICH MIAST I MIEJSC UNESCO” W OCHRONIE DZIEDZICTWA KULTUROWEGO

„League of Polish Cities and UNESCO Sites” [„Liga Polskich Miast i Miejsc UNESCO”] was founded in 2004, on the 2nd Forum of Polish Cities and UNESCO Sites in Jawor. The League was established by local government representatives and curators of Polish UNESCO List Sites. In 2005 the Local Tourist Organisation Association „League of Polish Cities and UNESCO Sites” was set up, which was officially registered in and started to operate 2006. The League is located in Toruń, and it has its registered office in the Toruń City Hall.The statutory objective of the League is to initiate and support actions aimed at maintaining in good condition Polish cities and sites inscribed in the World Heritage List, ensuring their proper use and promotion. According to the League, a model action guaranteeing conditions for proper protection of UNESCO sites is the creation of dedicated funds, similar to the National Fund for the Revaluation of Historic Buildings and Monuments in Krakow, with an annual amount of funds granted from the budget of the Chancellery of the President of the Republic of Poland. Similar actions could be undertaken with regard to the Historic Monuments.In 2012 the League established a financial support scheme, financed from its own funds, in the form of a grant for the purpose of pursuance of the Association’s statutory tasks, in particular financing necessary investments in conservation work, restoration works and other works carried out on sites inscribed in the UNESCO World Heritage List.

The environmental protection financing by the local government units

The article discusses the rules of financing environmental protection by local self-government units. The statutory tasks specified by local governments in this respect were indicated. Then possible forms of financing environmental protection are presented. Municipality, county or province can use different sources of funding. The next element of the article is to determine the amount of environmental spending at each level of local government in recent years.

Stabilność finansowa instytucji kultury na przykładzie wojewódzkich teatrów i instytucji muzycznych

Cultural institutions are organizations whose scope of core business comprises activities in the area of broadly understood culture. The aim of this article is to evaluate the financial stability of voivodeship cultural institutions, like theaters and music institutions, in the light of direct subsidies to those institutions from organizers. The hypothesis is that subsidized cultural institutions in Poland have a stable financial situation. Due to the fact that revenues and operational costs are unbalanced, it is actually the subsidy that should let those institutions continue operational activity in a stable environment with independence in operational and financial decisions. In the context of the financial stability definition adopted in this article, the observation is that the level of subsidies for voivodeship cultural institutions does not guarantee the completion of statutory tasks in all examined institutions.

Powojenny dorobek polskiej nauki w zakresie historii i teorii bibliotekoznawstwa

THE POST-WAR ACHIEVEMENTS OF POLISH SCHOLARSHIP IN THE HISTORY AND THEORY OF LIBRARY SCIENCEThe author of the paper explores the development of the concept of Polish post-war library science as an academic discipline and demonstrates the wealth of achievement in librarianship studies. Theoretical reflections and the on-going discussion about the scope of library science provide a background for a presentation of practical solutions applied in the work of libraries. The author presents library science concepts as well as authors of important publications contributing to the development of the discipline, practical librarian tasks and academic training of librarians. In addition, she analyses librarianship achievements with regard to characteristic, statutory tasks and functions of libraries as well as typology, showing their significance to librarianship practice in Poland and to the quality of academic training of librarians. There is also a brief description of the profile of the librarianship curriculum at the leading university-level institutions providing education to librarians.