Niewładcze aspekty budowy porządku publicznego i bezpieczeństwa obywateli w powiecie : próba interpretacji z perspektywy funkcjonalnej

The author discusses the non-authority perspective on the actions taken by safety and order committees at the district governors. It has been noted in the first part that there are inconsistencies in the practical application of Article 3 8 a of the Act on the local government at the district level. Then, it has been shown that actions taken by these committees within the system of public order and citizen safety mostly consist of non-authority actions taken by administration bodies. Next, a synthetic description of conditions ensuring that non-authority actions are correct, which had been developed in the theory of administrative law, has been presented. A non-authority mechanism of cooperation between administrative entities, i.e. an administrative arrangement, has been described separately in this respect. The following conclusions have been presented on the basis of collected data: 1. Actions taken by safety committees in the non-authority aspect are of nonauthority nature, which means that administration bodies are free to select where and when such actions shall be taken, the subject of these actions, as well as the form of these actions. The body itself decides whether any action shall be taken and how it shall be taken, as well as what kinds of nonauthority actions shall be taken in order to attain the objective specified in a legal provision. 2. Actions within the scope governed by Article 38a of the Act on the local government at the district level shall fulfil the requirements of legality and praxeology, as expressed by usefulness, thrift, integrity and performance indicators. It shall be necessary to exercise control within these fields, as well as to establish an appropriate supervision system. 3. Administrative arrangement, which has been described in this article, has some specific substantive and technical features that may set a certain standard applied in order to assess the value and correctness e.g. with respect to district crime prevention programmes that are prepared by safety committees. 4. It has been noted that the notion of supervision is in existence and that it also comprises the non-authority, organisational, protective and supportive influence. It shall be necessary to further analyse the supervisory relation in this aspect, as it may interestingly expand the way of thinking about functions performed by the district governor as regards implementation of the district governor's tasks with respect to acting as a superior towards unified administration at the district level. 5. It has been noted that due to the specific character of non-authority actions taken by administration bodies charged with organising, the officers of such bodies need knowledge in the field of sociology, legal psychology and praxeology. It shall also be necessary to carry out research and empirical observations with respect to how administration bodies act in practice, as well as to conduct opinion polls.