The two queries are equivalent and your DBMS query optimizer should recognise this and produce the same query plan. It may not, but the situation is fairly simple to recognise, so I'd expect any modern system - even Sybase - to deal with it.
HAVING clauses should be used to apply conditions on group functions, otherwise they can be moved into the WHERE condition. For example. if you wanted to restrict your query to groups that have COUNT(DZIALU) > 10, say, you would need to put the condition into a HAVING because it acts on the groups, not the individual rows.