scholarly journals Disbursement of grants contrary to their purpose defined by the entity awarding the grants – a local government unit

2016 ◽  
Vol 1 (2) ◽  
pp. 67-82
Author(s):  
Roman Fandrejewski

Abstract The purpose of this publication is to present the complexity of the problem with responsibility for violation of public finance discipline by persons, who represent entities outside of the public finance sector and receive subsidies from the local government units budget. The cause of this responsibility is disbursement of the grants contrary to their purpose. Avariety of adjudication committee judgments in cases of the breach of public finance discipline and the administrative courts decisions show the problem of responsibility of the beneficiaries of grants. The study provides a direction of necessary changes to the existing legal solutions in this area.

2019 ◽  
Vol 5 (1) ◽  
pp. 467-502
Author(s):  
Tomasz Wołowiec

The regulations on debt limits introduced in 2014 caused adapting by local government units two ways of proceeding. The first consists in "classic" adaptation to the provisions of the Public Finance Act, through the restructuring of budget expenditures and the devel-opment of a financial surplus, allowing for safe incurring of new obligations and possible servicing of "old" debt. The second way is what can be called the form of the "Creative accounting", involving the use of non-bank financial institutions (quasi-banks) or the use of financial operations other than bank loans and municipal bond issues. These are lease-back agreements, reverse sale of real estate, as well as unnamed agreements causing debt restructuring (e.g. subrogation, forfeiting or factoring), installment payments, as well as subsidies to the capital of municipal companies.


2017 ◽  
Vol 5 (4) ◽  
pp. 51-60
Author(s):  
Anna Milewska

Local government in Poland functions as an independent entity in the public finance sector. It performs tasks (most often taking the form of public services) for its residents on its own responsibility. For this purpose, this unit is obliged to organize financial guarantee the implementation of both (own and commissioned tasks in the field of public administration). While in the second case, as a rule, can count on support in the form of targeted subsidies from the central budget, local government should secure own tasks independently. This means that local governments have the possibility (in the aspect specified by legal acts) for financial independence in terms of organizing and collecting budget revenues.


2018 ◽  
Vol 26 (4) ◽  
pp. 51-63
Author(s):  
Mirosław Legutko

The aim of this paper was to evaluate the system of control over local government debt exercised by the Regional Chambers of Audit (RCA) and to present the conclusions and expectations resulting from this assessment both generated by the RCA and applicable to the RCA within the scope of conducted debt audits. The method applied to assess legal regulations included analysis of legislative documents, i.e. primarily the Constitution, the Public Finance Act of 27 August 2009, Act of 7 October 1992 on Regional Chambers of Audit and the Regulation of the Minister of Finance of 28 December 2011 on the detailed manner of classifying debt titles classified as public debt. The analyses contained in this paper cover the period from 2014, when the Individual Debt Ratio defined in art. 243 of the Public Finance Act came into force, until 2018. The presented data and regulations confirm the correct functioning of the extensive control system in this respect. Every year, the number of negative assessments of local government debts decreases. However, it seems necessary to eliminate negative phenomena, such as: extending debt repayment period, use of unlimited types of debt titles and falsification of reporting data. The elimination of these negative phenomena may be achieved through amendments to the currently binding law regulating obtaining funding by local governments.


Author(s):  
Stanka Setnikar-Cankar ◽  
Janko Seljak ◽  
Veronika Petkovšek

The research project “Awarding Work to External Contractors” studied the practice of implementing public contracts in a significant selection of Slovenian local government bodies. Public procurement has become a permanent accompaniment to the business of central and local government and other public law persons with the private sector, and now goes beyond Slovenia’s borders. The public procurement system aims at dynamism, with the possibility of a rapid response to the needs of those using public funds. The principles of public procurement and its legal basis mean the system is rigid and complex, by its nature.


2021 ◽  
Vol 9 (1) ◽  
pp. 15-26
Author(s):  
Vladimir Martyniuk ◽  
Tomasz Wołowiec

The new debt limitation rules in force since 2014 (Articles 242-244 of the Public Finance Act have been a significant impediment to local financial planning and management for most local government units (hereinafter: LGUs). During the four years of their implementation many defects and inconveniences in the application of the new standards have emerged and the "crea-tivity" of the local government financial sector has shown that they can be relatively easily cir-cumvented. The construction of the maximum indicator limiting the liabilities of the titles speci-fied by the legislator, falling due in a given year, is closely related to the provisions of the Law of the fiscal year. The essence of this legal regulation is the comparison of two indicators, in-cluded in the formula of equation (formula). A positive condition for the adoption of the budget is to obtain a relationship in which the left side of the formula (annual debt repayment ratio) is less than or equal to the right side (maximum debt repayment ratio).


2005 ◽  
pp. 4-22
Author(s):  
V. Gamukin

In the article the starting condition of applicating the new method of organization of the budgetary process - the budgeting focused on result is estimated. The importance of specification of the conceptual and methodical device of budgeting with reference to the public finance is underlined. It is conditioned by the fact that rich foreign and domestic practice of budgeting in commercial sector cannot be directly used for optimization of a trajectory of movement of state and municipal finances.


2006 ◽  
pp. 103-111 ◽  
Author(s):  
Mst. Afanasiev ◽  
I. Krivogov

Russian public finance reforming under conditions of substantial increase of budget expenditures is analyzed in the article. Basic directions of the budget reform are considered that are formulated in the variant of the Budget Code, which is currently still under discussion. The focus is made on results-based budgeting and federal investment programs management.


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