PL
Przedmiotem artykułu jest problematyka stanowienia przepisów porządkowych zarówno przez wojewodę, jak i gminę. Taki punkt widzenia daje kompleksową wiedzę na temat wydawania przepisów porządkowych w terenie. Tematykę omówiono w dwóch płaszczyznach: ogólnej charakterystyki przepisów porządkowych oraz oceny rozwiązań przyjętych przez ustawodawcę. Złożoność instytucji przepisów prawnych może nastręczać trudności w praktyce. W związku z tym ustalenie dopuszczalności zasad ich ustanawiania w kontekście już istniejących unormowań prawnych musi odwoływać się zawsze do racjonalizmu i rozsądku normodawcy w terenie.
EN
The article deals with the institution of practical working regulations set up by the heads of voivodships and communities, as well as with their legal bases and aims. These regulations are based on the general authorization to regulate a certain sphere of existing situations which were completely omitted by the law-makers. Therefore, they create possibilities to fill up the gap which may arise in specific local problems. The author presents the structure of these regulations and their elements. Special attention has been drawn to the principle that these regulations can be related only to those cases, where a given problem has not been covered by specific regulations. Much room has been devoted to the scope of these regulations and to their limits. They are designated by the terms being defined not sharply enough, like safety of life and health, public security, peace and public order, etc. Interpretation of these terms has been thoroughly considered, pointing out to possible practical difficulties. Finally, a conclusion could be drawn that it is very difficult to establish a priori the uniform criteriae for application of these regulations and that their justification should be based on concrete situations and local needs. A considerable part of this article concerns the unification of competences of voivodships and communities to establish these reglations, as well as unification of existing procedures, including control procedure. There is look of sufficient precision in the regulation of their competences which despite the identity of the institution of practical working regulations itself may lead, in a certain measure, to different interpretations of these competences (this concerns, among others, conditions on which the regulations may be established). Some reservations arise also as to the unification of control over the establishment of legal regulations, particularly by communities. The same treatment of the regulations created by communities, apart from the fact whether they are of normative character or not, seems not to be justified. As to the control over the regulations, there arises a postulate to subject them to the control of the Constitutional Tribunal (also for regulations established by the head of voivodship). The author presents also some detailed problems concerning the procedure of setting up the regulations and their publication. Final conclusions present the generalization of remarks to particular problems. According to one of these conclusions, the institution of practical working regulations is considered as a complex one and the establishment of regulations as a function, the use of which should be placed within the framework of rational and reasonable thinking of local lawmakers.