scholarly journals Interpretation of the Principle of Informing Parties in Polish Administrative Proceeding – Conclusions and Postulates

2018 ◽  
Vol 18 (1) ◽  
pp. 231-239
Author(s):  
Andrzej Bisztyga ◽  
Katarzyna Płonka-Bielenin
Keyword(s):  
Public Administration ◽  
Social Assistance ◽  
Sufficient Reason ◽  
Administrative Procedure ◽  
The Subject ◽  
Administrative Proceeding ◽  
Family Benefits ◽  
Administrative Proceedings ◽  
Substantive Law

Summary The principle of informing parties in the Polish administrative procedure is specified in Article 9 of the Act of 14 June 1960, the Code of Administrative Procedure. Public administration bodies are obliged to duly and comprehensively inform the parties on the factual and legal circumstances that may affect the determination of their rights and obligations being the subject of administrative proceedings. The authorities ensure that the parties and other persons involved in the proceedings do not suffer damage due to ignorance of the law, and for this purpose they provide them with necessary explanations and instructions. In administrative proceedings, not the principle of ignorantia iuris nocet the obligation of the authority, resulting in particular from Articel 9 CAP is to inform the party about the factual and legal circumstances that may affect the determination of rights and obligations that are subject to current or potential behavior. This principle applies in particular to proceedings in the field of social assistance and proceedings in the field of family benefits, where a specific law is shaped in accordance with the activities of the party. It should be assumed that a breach the party‘s information rules is an intrinsic and sufficient reason for repealing the decision, even if it is in accordance with substantive law.

scholarly journals Administrative prevention measures and issues of their administrative procedural application

2021 ◽  
pp. 116-124
Author(s):  
P. E. Spiridonov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Preventive Measures ◽  
Legal Regulation ◽  
Prevention Measures ◽  
Administrative Procedure ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject of the study in this paper is administrative prevention measures and their variety, such as preventive measures. The purpose of the study is to analyze the nature of administrative prevention measures and their administrative procedure. The paper concludes that it is premature to talk about the existence of proceedings on the application of administrative prevention (preventive) measures, since the Russian Federation has not fully developed a system of administrative procedural rules governing this type of proceedings from the stage of initiating an administrative case to the stage of appeal. At the same time, taking into account the introduction of a risk- oriented approach in public administration, the need for the formation of this type of administrative proceedings increases. It is also suggested that the peculiarities of the legal regulation of the procedural procedure for the application of administrative prevention measures depend on two important conditions: (1) the effectiveness of the application of the relevant measure by law enforcement officials and their officials; (2) the ability to ensure respect for the rights and freedoms of a person and citizen in the existing procedure of application.

scholarly journals Modern Approaches to the Determination of the Structure of an Administrative Procedure

2021 ◽  
Vol 1 ◽  
pp. 25-29
Author(s):  
Eduard L. Leschina ◽  
Keyword(s):  
Public Administration ◽  
Point Of View ◽  
Main Element ◽  
Present Stage ◽  
Legal Process ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Definition Of ◽  
Administrative Proceedings

Тhe article considers the existing approaches to the definition of the administrative process and its structure. The conclusion is formulated that at the present stage, the General theory of the legal process, as well as the theory of administrative process, is still very difficult to consider universally recognized and finally formed. Further, the point of view that the administrative process is a broad collective concept that covers the legally significant activities of public administration and the court is substantiated. The main element of the administrative process is administrative proceedings, and the structure of the administrative process includes cases that have the characteristics of the process as a legal category. The existing disagreements among experts on the issue of inclusion in the structure of the administrative process of various categories of administrative proceedings (cases) are shown.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

scholarly journals Domniemania i fikcje prawne w ogólnym postępowaniu administracyjnym. Wybrane zagadnienia

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny
Keyword(s):  
Subject Matter ◽  
Administrative Procedure ◽  
Objective Truth ◽  
The Subject ◽  
Administrative Proceedings ◽  
Legal Fictions ◽  
The Impact

<p class="Standard">The subject of the article was to discuss the institutions of presumptions and legal fictions applicable in the general administrative procedure. Due to the complexity of the problem, the author has attempted to only analyse selected issues relating to the subject matter hereof. The study identifies situations in which the discussed institutions are established, describes their substance, function and the objective for which they were introduced. The impact presumptions and legal fictions on the validity of objective truth in the course of administrative proceedings have been demonstrated and the values underlying their introduction to the Code of Administrative Procedure have been discussed.</p>

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)

2021 ◽  
Vol I (I) ◽  
pp. 109-133
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Capital City ◽  
Official Journal ◽  
Real Property ◽  
Judicial Decisions ◽  
The Status ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings

Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

A technical relic or a timeless communication device? Filing an application by fax in the general administrative proceedings

2021 ◽  
Vol 2(24) ◽  
pp. 119-135
Author(s):  
Agnieszka Skóra
Keyword(s):  
Public Administration ◽  
Electronic Communication ◽  
Delivery Service ◽  
Administrative Procedure ◽  
Communication Device ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
Electronic Delivery

The aim of the study is to present the issues related to submitting applications by fax to a public administration authorites in general administrative proceedings. This issue raised and continues to cause significant practical problems; it is also a source of divergent views in the doctrine and in the judicature of administrative courts. The significance of this method of communication in the general administrative procedure (introduced into the Code of Administrative Proceedings in the January 1, 1999) remains so relevant that the Act of November 20, 2020 on Electronic Delivery Service leaves fax as one of the methods of submitting an application. The application can also be sent via faxmodem or a fax server. I assume that in this case, the fax machine, as part of an IT tool, meets the conditions for being considered a means of electronic communication within the meaning of Art. 2 point 5 of the Act of 18 July 2002 on the provision of electronic services in connection with joke. 3 point 4 of the Act of February 17, 2005 on the computerization of the activities of entities performing public tasks.

How many Instances in the Polish Administrative Procedure? Analysis of Normative Solutions in the Aspect of Procedures for Reviewing Decisions Issued by the Executive Bodies of Local Self-government

2020 ◽  
Vol 18 (4) ◽  
pp. 977-997
Author(s):  
Magdalena Maria Michalak ◽  
Przemysław Kledzik
Keyword(s):  
Administrative Procedure ◽  
The Subject ◽  
Administrative Courts ◽  
The Republic ◽  
Administrative Proceedings ◽  
The Right

Pursuant to the art. 78 of the Constitution of the Republic of Poland each party has the right to appeal against  judgments and decisions issued in the first instance. The Constitution also stipulates that administrative courts control the activity of administration in at least two-tier proceedings. Pursuant to the above, in Poland, decisions are issued in two-tier general administrative proceedings and may be subject to review in two-tier court administrative proceedings. The number and structure of procedures of appeal against administrative decisions have been a subject of discussion for years. Criticism of the current solution comes, among others, from local self-government representatives whose bodies issue the largest number of decisions in Poland. These issues have recently become even more relevant due to statutory obligation of reviewing Polish legislation in terms of legitimacy of reducing the number of administrative instances. The subject of the study is an analysis of possibility and purposefulness of limiting the number of instances in the administrative procedure, conducted on the example of a procedure for reviewing decisions of local self-government bodies. The reflection was made taking into account systemic and procedural position of Self-Government Boards of Appeal.

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