The impact of reactivating communal property on the position of public utility enterprises

The purpose of the article is to investigate the impact of reactiviting the category of communal property on the position of communal public utility enterprises. This impact is analyzed both in legal as well as in economic contexts. It manifests itself especially in economic, financial, legal and organizational systems of the said enterprises. Since a commune is the owner of public utilities, the task of managing communal property is vested in the commune office. A public utility enterprise is only the usufructary. The tariffs of payments for public utility services should cover the exploitation costs, amortisation rates and interest. Amortisation rates should be kept by the enterprise and should be spent on financing the replacement of decapitalised elements of its property, while interest should be transferred to the commune office and should be used as a source of financing the growth of communal property. A prevailing organizational structure of communal public utility enterprises should the public-law management in the form of enterprises not isolated from local administration (small towns) or isolated from local administration (medium and big towns). The private-law management, such as a joint-stock company, should be an exceptional form. The public-law enterprises should operate under the direct suprevision of the commune office or under the control of specially appointed supervisory boards. The presence of the employee self-government in such enterprises is not justified.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201