Administrative And Legal Aspects Of Public Enterprises €“ Non-Commercial Companies

Public enterprises – non-commercial companies play an essential role in the national economy. In the monograph the administrative and legal aspects of public enterprises – non-commercial companies are analyzed, in view of the fact that the new Law on Public Enterprises provides that those can no longer be set up, which is why in the next few years they are to be restructured. The present work examines and analyzes public enterprises – non-commercial companies, within the meaning of art. 2, para. 1, item 3 of the Law on Public Enterprises, which have been established by special laws on the grounds of art. 62, para. 3 of the Commercial Law state-owned enterprises and have existed for the last 5-6 years. The scientific analysis is focused on the public functions performed by the enterprises in question and the powers associated with them, through which are emphasized the specific character and interdisciplinarity in their legal status. The study is structured in three chapters in which are analyzed the administrative and legal aspects of the nature and functions of public enterprises – non-commercial companies, the management of state property and the state supervision connected with them. Chapter one is devoted to the legal nature of public enterprises – non-commercial companies. Through clarifying the notion of "public enterprise" there is made an attempt to fill the existing gap with regard to a uniform concept and standardization of the term, which best corresponds with their characterization. The emphasis is put on differentiating public enterprises – non-commercial companies from similar legal entities through an analysis of their legal nature. A legal comparison is made with public organizations (of the institution type) by means of which there are outlined their distinguishing features and is worked out a definition of public enterprise – non-commercial company. Chapter two presents a study of the issues regarding the functions performed by the public enterprises – non-commercial companies, as well as a detailed discussion of the grounds and the admissibility of their assignment. Systematized and classified are the types of functions, which are grouped depending on their material content and in accordance with the area of public life, to which they refer. Analyzed are the administrative acts of the governing bodies of the public enterprises – non-commercial companies. In Chapter three the attention is turned to the management of state property by examining and analyzing the granting of specific objects (things) to the public enterprise – non-commercial company on the part of the state, as a legal relationship of a public nature. Discussed is also a policy of the state for the participation of the latter in public enterprises. Analyzed is the legal characterization of the Agency for Public Enterprises and Control, principal attention being paid to its functions as a unit for coordinating the management of public enterprises. Investigated is the supervision over the activity and the acts of the public enterprises – non-commercial companies.