Wyniki wyszukiwania - Biblioteka Nauki

1

Glosa do uchwały Naczelnego Sądu Administracyjnego z dnia 11 czerwca 2018 r., I OPS 7/17 – aprobująca

100%

Pierzchała E.

Opolskie Studia Administracyjno-Prawne

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2019

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tom 17

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nr 2

119-124

EN

The presented gloss to the resolution of the Supreme Administrative Court in Warsaw of 11 June 2018 (I OPS/17) is approved. The problems presented by the court are very complicated, the main one concerning the question in what form the obligation of paying for a stay in a social welfare home should be settled. In the Court’s opinion, the obligation to pay is due to the act, but it is necessary to issue a decision or enter into a contract in order to fulfill the obligation.

2

Niektóre skutki stwierdzenia nieważności decyzji administracyjnej. Uwagi na marginesie art. 158 § 1 k.p.a.

94%

Gajewski S.

Przegląd Prawa Publicznego

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2013

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nr 7-8

94-103

EN

The regulation of the invalidation of the administrative decision included in Code of Administrative Procedure does not contain any provisions directly related to the consequences of its use. In contrast to the Code of Civil Procedure, it does not contain an express provision defining the duties of the competent authority in connection with the decision invalidating another decision. The article attempts to identify the relationship between the invalidation of a decision and existing of proceedings that led to the issue of the invalidated decision. In particular, the article tries to find an answer to the question, which of the proceedings carried out in this procedure can be repeated and when.

3

Decyzja administracyjna o rozgraniczeniu nieruchomości

94%

Durzyńska M.

Przegląd Geodezyjny

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2002

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tom R. 74, nr 10

16-17

4

Postępowanie dotyczące przyznawania pomocy finansowej w ramach działań objętych Programem Rozwoju Obszarów Wiejskich

94%

Wojciechowski P.

Studia Iuridica Agraria

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2012

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tom 10

335-366

EN

Measures implemented in Poland under the Rural Development Programs (RDP) can significantly contribute to improving the competitiveness of the polish agricultural sector. One of the factors affecting the effective implementation of the RDP are the legal procedures used for the granting of financial support. The article discusses the procedure for granting financial support from RDP adopted in the Polish legislation. The discussion leads to the conclusion that fully justified is the solution in which in some measures the financial support is granted on the basis of an administrative decision, and in another measures on the basis of agreement. The article criticizes the scope of changes to the provisions of the Code of Administrative Procedure, made for the granting of financial support. The above–mentioned changes on the one hand does not simplify the procedures granting of financial support, and on the other hand, definitely weaken the legal situation of the applicant, which is not justified by the principle of proportionality. The author concludes that the procedures adopted by the Polish legislator are mainly aimed at protecting the financial interests of the EU, but does not take into account the need to support the development of the competitiveness of the Polish agricultural sector.

5

PROTECTION AGAINST NUISANCES RELATED TO A CONSTRUCTION OF A BUILDING – SELECTED ISSUES

94%

Wilk A.

Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej

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2016

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nr 2

28-55

EN

The paper deals with protection against nuisances related to a construction of a building. The nuisances frequently take place and in connection with the increase of the density of buildings it is possible that they will become more burdensome. Protection against such nuisances may be realized at two levels: civil law and administrative. Civil law protection measures cover primarily a negatory claim and a claim for withholding the construction . Administrative law protection is possible under the provisions of the act on construction law, which enable the people living in the neighbourhood of the planned investment to participate in the proceedings concerning the construction permit and thereby provide proactive protection of their interest. Application of both civil law and administrative protection measures against nuisances related to a construction of a building is connected with difficulties: a misinterpretation of provisions, their unclear structure and a lack of legal regulation of certain essential issues like the administrative decision status in the civil proceeding. In the paper the focus is on the most important of the mentioned problems and presents the solutions.

6

Opinia prawna do komisyjnego projektu ustawy o zmianie ustawy – Kodeks postępowania administracyjnego (druk nr 1090)

94%

Bińkowska-Artowicz B.

Zeszyty Prawnicze BAS

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2021

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nr 4(72)

161-173

EN

The author provides an opinion on the original bill (before the adoption of amendments). The bill is aimed at implementing the judgment of the Constitutional Tribunal concerning the admissibility of declaration of invalidity of an administrative decision issued with a gross infringement of law, when a significant period of time has passed since the decision was issued and the decision was the basis for acquiring a right or an expectancy. The thirty-year period for the declaration of invalidity of such a decision may lead to the limitation of the principle of durability of an administrative decision. According to the author, the refusal to initiate administrative proceedings would exclude the possibility of the so-called prejudication.

7

W poszukiwaniu uniwersalnej metody upraszczania pism urzędowych i decyzji administracyjnych

94%

Piekot T.

Poznańskie Studia Polonistyczne. Seria Językoznawcza

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2021

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tom 28

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nr 1

109-122

EN

Since 2018, the key Polish offices have been signing the declaration for plain language, one of the key provisions of which is the call for the simplification of official documents sent to citizens. The aim of the article is to present the methods for simplifying texts, created at the University of Wrocław. The author focuses in particular on indicating the limitations of the proposed method in reference to administrative (fiscal) decisions and those decisions which are not documents from the legal perspective. The article presents examples of simplified documents and decisions.

8

Administrative Decisions in the Era of Artificial Intelligence

94%

Pszczyński M.

Adam Mickiewicz University Law Review

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2020

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tom 11

253-271

EN

The rapid development of cybernetics allows the use of artificial intelligence in many areas of social and economic life. The State can also harness algorithms and machine learning for its actions. Automatic decision making should be one of the stages in the development and improvement of public administration. While it is easy to implement these solutions in the case of related decisions, decisions made under administrative discretion, general clauses or valuation standards pose a challenge. The correct transformation of paper-based public administration into automatic public administration requires a change in decision makers’ thinking, the introduction of new solutions, and building trust in artificial intelligence. Therefore, new solutions have to be built in accordance with the principles of transparency, accountability, equality, goodness and justice. Artificial intelligence making automatic decisions on behalf of the State must be a tool to support the execution of public tasks concerning citizens which is based on trust towards AI and public administration.

9

Forma prawna zaleceń konserwatorskich

94%

Dubiński Ł.

Studia Prawa Publicznego

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2023

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nr 1 (41)

65-89

EN

The discussion in this study deals with the legal form of conservation recommendations. This concerns documents issued by conservation services, which define the way of using the monument, its protection and performance of conservation works, as well as the scope of permissible changes that may be introduced to this monument. In simple terms, the conservation recommendation is a “monument operating manual”, which is issued individually for each building by the competent voivodeship historic preservation officer. The legislator did not specify the legal form of this document. Therefore, in numerous studies one can find a number of standpoints on this issue. Undoubtedly, such discrepancies are not conducive to implementing the principles behind the adoption of the regulation on conservation recommendations, i.e. effective protection of monuments. This article analyses the concepts that dominate the doctrine. This is primarily a matter of accepting that conservation recommendations are issued in the form of an administrative promise or an act of knowledge. The concept according to which there is no single legal form appropriate for all conservation recommendations is also examined. At the same time, an attempt is made to discuss the most frequently negated assumption, according to which conservation recommendations could be issued in the form of administrative decisions. The discussion is conducted on the basis of the legal text and academics’ analysis of the doctrine. An important element of the discussion is that it compares the characteristics of the administrative decision with the properties of the legal forms in which, according to the doctrine, conservation recommendations are issued. The conclusion that can be drawn from the analysis presented here is that it would be appropriate to classify the conservation recommendations as administrative decisions.

10

Kompetencja Rzecznika Finansowego do nakładania kar pieniężnych na podmioty rynku finansowego

94%

Wyżykowski B.

Studia Prawa Publicznego

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2018

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nr 3 (23)

75-112

EN

The subject of this article is the competence of the Financial Ombudsman to impose financial penalties on financial market entities for violations of the provisions of the Act of 5 August 2015 on complaints handling procedures by financial market entities and on the financial Ombudsman. One of the main tasks of the Financial Ombudsman is to enforce the proper performance by financial market entities of their obligations under the Act. For this purpose, Article 32(1) thereof provides that in the event of a breach of the provisions set out in the Act the Financial Ombudsman may, by way of a decision, impose a fine of up to PLN 100 000. The short duration of the new provisions and, consequently, the lack of case law outlining the directions of their interpretation may, particularly in the initial period, give rise to doubts as to their application. The aim of the article is to analyse possible disputable issues and provide proposals for their resolution. In particular, it is necessary to discuss the conditions for imposing a fine on a financial market entity. In this regard it is important to analyse both – the specific torts indicated in Article 32(1) of the said Act, as well as the general rules upon which the imposition of administrative fines by the Financial Ombudsman is possible. Also important is the consideration of the rules for determining the amount of the fine and in this matter the mutual relationship between Article 32 and the provisions of section IVa of the Act of 14 June 1960. Finally, amendments to certain provisions of the exiting laws are being proposed in order to increase the effectiveness of actions undertaken by the Financial Ombudsman and consequently to increase the level of protection of clients of financial market entities.

11

Hałas lotniczy jako efekt funkcjonowania infrastruktury lotniskowej

94%

Biskup-Grabowska K.

Prawne Problemy Górnictwa i Ochrony Środowiska

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2021

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nr 1

1-11

EN

The development of civil aviation, and hence the increased use of airport infrastructure, leads to the exceeding of environmental noise standards. The subject of this article is to present the issues related to the possibility of introducing restrictions and bans to reduce noise generated at airports.

12

The innovative approach to the study of decision-making in the context of the specific character of a product of managerial work

94%

Vysochina M.

ECONTECHMOD : An International Quarterly Journal on Economics of Technology and Modelling Processes

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2014

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tom Vol. 3, No 2

87--92

EN

The article is devoted to the review of the administrative decision from the point of view of а product of managerial work. The nature and content of managerial work is studied. The research of parameters of managerial work is conducted, its features are identified. The specific characteristics of the administrative decision as a product of managerial work are identified.

13

Mediator w postępowaniu administracyjnym

84%

Trybka W.

Opolskie Studia Administracyjno-Prawne

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2018

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tom 16

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nr 1 (4)

117-131

PL

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.

14

Przepis art. 161 Kodeksu postępowania administracyjnego jako statuujący szczególny rodzaj sankcji w prawie administracyjnym?

84%

Skóra A.

Opolskie Studia Administracyjno-Prawne

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2017

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tom 15

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nr 1

79-91

EN

According to Article 161 of the Code of Administrative proceedings, the relevant minister or province governor (Wojewoda) may repeal or amend – as necessary – any final decision if one cannot remove the state threatening human life or health or prevent major damage to the national economy or to vital interests of the State. A participant of such proceedings may demand compensation for actual harm from the authorities (minister or local governor). The institution enables the elimination of all legal decisions and decisions which are illegal. Thus it can be considered to be a special administrative sanction.

15

Instytucja współdziałania w administracji w aspekcie rozwiązań prawnych dotyczących opiniowania operatów szacunkowych

84%

Wilkowska-Kołakowska D.

Opolskie Studia Administracyjno-Prawne

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2018

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tom 16

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nr 1 (4)

181-194

PL

Administrative decisions and other acts issued in the field of real estate management, e.g. in the case of expropriation of real estate or updating of fees for perpetual usufruct, require from the administrative authority that conducts the proceedings to assess the evidence prepared by expert property appraisers. The basic reason for cooperation in public administration is the necessity to provide substantial support in resolving cases requiring specialist knowledge or specific information. The aim of the article is to demonstrate that the legal regulation of the obligation to consult a professional body in the event of any doubts concerning substantive assessment of an appraisal report, will contribute to providing a more precise explanation of actual facts and resolving the case, in accordance with the rule of law and taking into account public interest and legitimate interests of parties.

16

Wielopostaciowość uchwał w przedmiocie stopni naukowych

84%

Sobotko P.

Opolskie Studia Administracyjno-Prawne

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2018

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tom 16

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nr 1 (4)

71-86

PL

The study concerns the legal and procedural nature of resolutions adopted by the councils of units running doctoral conducts and habilitation proceedings. Different types of resolutions were analyzed and their features and typology were assessed.

17

Glosa do wyroku Naczelnego Sądu Administracyjnego z 15 czerwca 2020 r., sygn. I OSK 2233/19

83%

Gacek P.

Studia Prawa Publicznego

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2022

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nr 1 (37)

185-197

EN

The judgment commented on here concerned the issue connected with the period for filing an appeal. The view was shared that the period for lodging an appeal begins on the day on which the administrative decision is served upon the party (com- municated orally to the party) and it is at this moment that the period commences, although the day on which an administrative decision is served is not counted when calculating this time limit. Therefore, on the very day on which an adminis- trative decision is served, the party may submit an appeal against it, an application to reconsider the matter or waive the right of appeal. An appeal, an application to reconsider the matter or a statement on waiving the right of appeal are legally effective, because they are submitted during period for the filing an appeal. not content of Art. 57 (1) of The Code of Administrative Proceedings, which regulates the way of calculating the time limit in days. Given the content of this provision, it cannot be assumed that the period for lodging an appeal commences on the day following the one on which the administrative decision is served.

18

Dyrektywa jako podstawa prawna decyzji administracyjnej

83%

Majczak P.

Prawo

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2017

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nr 322

45-60

EN

An administrative decision is the goal of the administrative procedure. In accordance with the rule of law’s principle expressed in the article 7 of The Constitution of the Republic of Poland: „The organs of public authority have to function on the basis of, and within the limits of the law”. This principle, which has been also confirmed in article 6 of Administrative Procedure Code, is inextricably connected with the necessity of the legal basis of the administrative decisions, which may be the only binding universal law provisions. It seems to be reasonable that they have the rank of enactment. Considerable impact on the legal basis for the administrative decision is as well European Union’s law. Directive is one of the European Union’s secondary law and binds, as to the result to be achieved, upon each Member State to which it is addressed. Directive requires proper implementation to national law’s system and native rules, which were a part of its transposition, become legal basis of administrative decision. Problem appears when the Member State breaches the term of the implementation or have the directive inaptly implemented. It is appropriate to assume that as long as the public authority is not disposing national law’s norm, which transposes directive and as well as it is not able to use union-friendly interpretation, public authority will not have the competence to adjudicate administrative cases.

19

CONTROLLING ACCESS TO WEAPONS IN A SYSTEMIC ASPECT

83%

Kaczmarczyk M.

Przegląd Policyjny

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2019

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tom 135(3)

195-206

EN

In Poland, access to certain types of weapons, in particular to firearms, is subject to regulation, which involves requirements and procedures relevant to the weapons and ammunition specifi ed in the law. Individual police authorities, as public administration bodies, are entitled to issue (as part of administrative and law-enforcement activities) administrative decisions, including weapon permits. This activity is of great importance to society because of the control over the users of weapons and the weapons themselves possessed by individuals in the country. In recent years, there has been growing interest in weapons in Poland, as evidenced by police statistics. The aspirations and needs of individuals vary in this respect. The aim of the system of regulating access to weapons is therefore to control the holders of weapons within the framework of the generally understood public safety and order.

20

Referral versus service of an administrative decision to a non-party to the case. Considerations against the background of the administrative courts’ case law

83%

Główczewska A.

Studia Iuridica

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2023

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tom 101

98-108

EN

The main purpose of the article is to highlight the differences between the concepts of referral and service of an administrative decision to a non-party of an administrative proceeding. In this context, it is particularly important to analyse the case law of the administrative courts, mainly the recent ones, and the views of the doctrine. The main issues relating to both concepts concerning the party of an administrative proceeding have been indicated. The article also concerns the service of a decision to a deceased person. The consequences of an improper service of an administrative decision have been discussed as well.