Pomoc udzielana przez jednostki samorządu terytorialnego jako wartość dopełniająca prawną instytucję współdziałania w samorządzie terytorialnym

Abstract

Providing mutual financial aid and aid in kind by entities of the local self-government sector (local self-government units, their unions and associations) are conceptually related to the legal institution of cooperation in the sector. This work includes the analysis and evaluation of legal regulations, doctrine and judicial practice in scope of this least institutionalized form of cooperation. It has been determined that an entity providing such aid freely decides on its form and value, but in case of providing the aid it is obliged to follow the rules and mode defined by legislators. In the resolution the decision making body of the entity providing the aid in general defines the aid value and the task for which the aid is to be dedicated. The decisions shall be specified in the agreement signed between executive organs, the aid granting and the aid receiving entities respectively. The act reserves that the financial aid may only be in a form of a designated subsidy from the budget. The aid in kind may have more universal forms, e.g. transfer of a specific thing, performance of work or services. The provision of aid is a specific form of cooperation in the local self-government sector, and simultaneously it has a crucial impact on the protection and conservation of fundamental values giving base for the concept and functioning of self-government unions, such as: self-reliance, subsidiarity, decentralization, sense of solidarity with other self-government unions, responsibility and the formation of partner relations acting in common interest.