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The issue of the forms of deciding an administrative case has not yet been analysed in a comprehensive manner. First of all, attention used to be paid to individual forms of deciding on an administrative case, namely: administrative decision, administrative ruling, administrative settlement and deciding an administrative case in a tacit manner. If there were collective generalizations made, they came down to administrative decision and administrative ruling, which are classified as classic administrative acts, while the recent introduction of non-typical forms of deciding an administrative case, i.e. administrative settlement and deciding an administrative case in a tacit manner, makes us re-consider the characteristics of their catalogue; in particular, it should be noted at this point that they constitute a substitute for an administrative decision, which is considered to be a classic administrative act. The evolution of the forms of deciding on an administrative case leads to the conclusion that their relationship with the administrative jurisdiction has ceased to be so obvious. ; Zagadnienie form załatwienia sprawy administracyjnej nie było dotąd analizowane w sposób kompleksowy. Przede wszystkim bowiem zwracano uwagę na poszczególne formy załatwienia sprawy administracyjnej, a mianowicie: decyzję administracyjną, postanowienie administracyjne, ugodę administracyjną i milczące załatwienie sprawy administracyjnej. Jeżeli dochodziło już do zbiorczych uogólnień, to ograniczały się one do decyzji administracyjnej i postanowienia administracyjnego, które zalicza się do klasycznych aktów administracyjnych. Tymczasem wprowadzenie ostatnio nietypowych form załatwienia sprawy administracyjnej, czyli ugody administracyjnej i milczącego załatwienia sprawy administracyjnej, zmusza do ponownej refleksji teoretycznej nad charakterystyką wyróżnionego ich katalogu. W szczególności należy podkreślić, że stanowią one substytut rozstrzygnięcia administracyjnego, za jaki uznaje się klasyczny akt administracyjny. Ewolucja form załatwienia sprawy administracyjnej prowadzi zatem do wniosku, że ich związek z jurysdykcją administracyjną przestaje być oczywisty.

The Monuments of History is a collection of over 100 most valuable monuments in Poland. At the same time, the Monuments of History are one of the 5 forms of protection of monuments, specified in Polish legislation. These circumstances make it necessary to assess the functioning of this form of the monuments protection. Many elements in the concept of the Monuments of History, the procedure of their nomination and the substantive assessment are taken over from the UNESCO World Heritage System. Therefore, this system may be a point of reference for the evaluation of the functioning of the Monuments of History. At the same time, on the basis of this comparison, it is possible to indicate directions for improving the functioning of the Monuments of History. The paper discusses fundamental aspects of the functioning of the Monuments of History – including the place and role of the Monuments of History in the Polish system of the monuments protection, the procedure of nomination, the procedure of evaluation, the relationship of the Monuments of History with the assets of the UNESCO World Heritage. ; Pomniki Historii to zbiór ponad 100 najcenniejszych zabytków w Polsce. Jednocześnie Pomniki Historii to jedna z 5 form ochrony zabytków, określonych w polskim prawodawstwie. Te okoliczności sprawiają, że konieczna jest ocena funkcjonowania tej formy ochrony zabytków. Wiele elementów w koncepcji Pomników Historii, procedurze ich nominowania, oraz merytorycznej ocenie jest przejętych z systemu Światowego Dziedzictwa UNESCO. Dlatego też ten system możne być punktem odniesienia do oceny funkcjonowania Pomników Historii. Jednocześnie w oparciu o to porównanie można wskazać kierunki doskonalenia funkcjonowania Pomników Historii. W artykule omówiono zasadnicze aspekty funkcjonowania Pomników Historii – m.in. miejsce i rolę Pomników Historii w polskim systemie ochrony zabytków, procedury nominowania, procedurę oceny, relację Pomników Historii z dobrami Światowego Dziedzictwa UNESCO.

Article describes the issues of shaping the structures of local government administration considering new concepts of public management. Attention will be focused on governance, which determines two paradigms of public administration: public administration aimed at cooperation and organized in a network manner. Will evaluate the degree of their impact on the structure of local government administration in Poland. Further considerations will aim to identify the relationship between the quality of governance and administrative structure of local government. The quality of governance is recognized (by the World Bank) in six dimensions of good governance, which is a function of appropriately shaped bodies. Striving to meet the criteria of good governance may involve restrictions on the use of cooperation and networking paradigms. ; Artykuł podejmuje problematykę kształtowania struktur administracji samorządowej w świetle nowych koncepcji funkcjonowania sektora publicznego. Uwaga została skoncentrowana na współzarządzaniu, które wyznacza dwa paradygmaty administracji publicznej: administrację publiczną ukierunkowaną na współpracę oraz zorganizowaną w sposób sieciowy. Ocenie poddany został stopień ich wpływu na kształtowanie struktury administracji samorządowej w Polsce. Dalsze rozważania miały na celu identyfikację związku pomiędzy jakością rządzenia a strukturą administracyjną samorządu terytorialnego. Jakość rządzenia ujmowana jest (za Bankiem Światowym) w sześciu wymiarach dobrego rządzenia, które z kolei jest funkcją odpowiednio ukształtowanych instytucji. Dążenie do spełnienia kryteriów dobrego rządzenia może wiązać się z ograniczeniami w stosowaniu paradygmatów współpracy i sieci.

The article presents the institution of an administrative agreement from the perspec-tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code ; The article presents the institution of an administrative agreement from the perspec-tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code

The article presents the institution of an administrative agreement from the perspec­tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code. ; 53 ; 73 ; 2

Turkey has adopted the presidential system over parliamentarism in 2018 with the promise that the new system would bring more stability, democracy, and economic growth. As being the most recent country which changed its government system through a referendum to presidentialism, Turkey constitutes a very important example to be analyzed in order to see the effects of it after a long-adopted parliamentary period in the 21st century. This paper compares the basic features of democracy as well as the democratic presidential systems with the example of Turkey and aims at finding out if the presidentialism has performed well and if not, why, in the light of examples and chosen indicators. Findings of this study suggest that presidential system led to a "consolidation of power" which in its nature is anti-democratic. Analysis of certain indicators show that presidentialism did not perform well in Turkey on democratic, political as well as economic fronts.

According to the form of government of July 17, 1919, the constitutional system in Finland was marked by strenghened position of the President. He was considered both the head of the state and the real leader of the executive power. President served as a representative of the Republic, the real constructor of its foreign policy as well as the main cabinet-maker. The President's competences became enhanced by the strong personalities holding the office (like Juho Paasikivi and Urho Kekkonen). After resignation of Kekkonen from the office the position of the President's office holder was gradually lowered, although the change of the election procedure ( the direct election has replaced electoral colegium composed of 301 persons) offered some – unexplored – space for consolidation of his political position. The new Constitution of Finland of June 11, 1999 (in force since the year 2000) moved the constitutional system of the country towards the modernized parliamentarism. The President preserved his influence in the field of foreign policy but his internal competences were narrowed in favour of both the Parliament (Eduskunta) and the Cabinet, now strictly dependent on parliamentary majority. ; Artykuł nie zawiera abstraktu w języku polskim

The paper analyzes how selected budgetary governance institutions can influence the motivation and capability of public sector entities to generate, implement, and diffuse innovations in public production. Numerical fiscal rules, top-down and concentrated budgetary decision-making process, medium-term budget framework and program budgeting were identified as having positive impacts. The analysis is followed by an assessment of the central government sub-sector budgetary governance system in Poland, which showed that the existing budgetary arrangements might be classified as innovation restrictive. The concentration of public decision-making within the budgetary process and integration of the budgetary governance system with other public governance systems by means of a common programmatic architecture were recommended as prerequisites for effective stimulation of public sector innovativeness.

The paper discusses the issue of mediation as one of the forms of solving criminal conflicts. The author presents, among others, the problem of mediation in connection with the principles of restorative justice, the issue of the mediation models accepted in criminal proceedings and also makes an attempt of indicating other forms of conflict solving based on negotiations. The author also makes a brief description of the shaping of lawmaker's motives in the case of mediation and then refers to contemporary issues of mediation proceedings. ; Artykuł obejmuje problematykę mediacji jako jednej z form rozwiązania konfliktu karnego. Autorka przedstawia m.in. kwestię mediacji w odniesieniu do założeń sprawiedliwości naprawczej, kwestię przyjętych modeli mediacji w postępowaniu karnym, a także podejmuje próbę wskazania innych form rozwiązania konfliktu, opartych na negocjacjach. Krótko opisuje historyczny proces kształtowania się założeń ustawodawczych mediacji, by następnie odnieść się do aktualnych, wybranych zagadnień postępowania mediacyjnego.

This article provides an overview of some of the most prevalent topics in post-Yugoslav memory politics as well as on some of the scholars working on these issues, focusing on the commemorative practices of the Second World War and the wars of the 1990s. Thirty years after the Socialist Federal Republic of Yugoslavia's disintegration, the discourse of post-war memory politics continues to dominate nearly all of the successor states, even though two of them have seemingly left the past behind to join the European Union. While the wars of the 1990s created an entirely new memoryscape in the region, they also radically transformed the way in which each country commemorated the Second World War. Although the article examines in-depth the collective remembrance of sites of memory, such as Jasenovac, Bleiburg, and Knin, trends across the broader region are also addressed. The work of young scholars, as well as experienced researchers, who have introduced innovative approaches in memory studies in the former Yugoslavia, is highlighted to show how new studies focus on the cultural reproduction of dominant narratives in addition to top-down political discourse.

In June 2015 the Ministry of Labour and Social Policy announced an amendment to the Labour Code, which is the reaction to the prevalence of employment based on-fixed term contracts in Poland. The scale of this phenomenon is not observed in any other E. U. state. New regulations may result in a decrease in the share of fixed-term employees of the total number of employees to be observed in the last few years. The Ministry intends to replace the limit of the renewals of a job contract concluded with an employee (currently the second renewal of the contract results in the conclusion of a permanent job contract) with another restriction: the total duration of such contracts should not exceed 33 months. The problem of an excessive share of flexible forms of employment has been widely analysed in the literature in recent years. It has become the subject of studies in the area of economy and sociology as well as an issue addressed by labour law experts. The expansion of flexibility has also received criticism from the trade unions, which influenced the mass media discourse - it is enough to mention the popularity of the term 'junk contracts' since 2012. The author attempts to comprehensively analyse the problem of flexible forms of employment, which include such issues as: the reasons for their popularity among employers, the scale of the use of particular forms based on the available statistical data, the construction of protective regulations of domestic labour law in the light of the requirements resulting from the E. U. and the I. L. O. membership, as well as social and economic consequences of the use of flexible forms of employment.

Corruption is linked to the issue of clientelism. This fact establishes a wide understanding of its phenomenon. This wide context and understanding of corruption is simplified by the recognition of the patron-client system that accompanies corruption or is even identified with it. Clientelism may be of a personal or mass character, and it consists of a mutual provision of services, without the need of laying out funds to achieve a common goal. The socio-economic transformation, being a profound and thorough reform of the system and institutions, promotes corruption practices (the process of transfer of resources from public to private sector progressed swiftly). Corruption provides means for maintaining and developing the client networks. Patron-client relations are of secondary nature in some societies; in other societies they substantially influence the shape of the political and economic system, as well as the social structure. Such relations may transgress the borders between classes