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PROCEEDING REGARDING A MOTION LODGED AS A MATTER OF ART. 35C IN CONNECTION WITH AN ART. OF THE ACT OF 18. 12 1998 ON INSTITUTE OF NATIONAL REMEMBRANCE - COMMISSION FOR PROSECUTION OF CRIMES AGAINST THE POLISH NATION (Polish title - below)

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Lipinski A., Szustakiewicz P.

Ius Novum

2009

issue 3

124-138

(Title in Polish - 'Postepowanie w sprawie zalatwienia wniosku wniesionego w trybie art.35c W zwiazku z art.ustawy z dnia 18 grudnia 1998r.o Instytucie Pamieci Narodowej, Komisji Scigania Zbrodni przeciwko Narodowi Polskiemu'). One of the tasks of the Institute of National Remembrance is to publicize information about the officers of the state security institutions of 1944-1989. It is also planned to entitle them to obtain information about their documents if they apply for that. The legal ground for such activities is the provision of Article 35c of the Act of December 18, 1998 on the Institute of National Remembrance - Commission for the Prosecution of Crimes against the Polish Nation. The authors discuss the matters connected with the procedure of revealing such documents and emphasize that making the documents available is the form of a material - technical act, and the procedure is defined in provisions of the Act of December 18, 1998. Making the information available is not an administrative decision. However, the refusal to disclose the documents about the officers of the state security institutions of 1944-1989 is an administrative decision defined by the regulations of the administrative proceeding code. The provision of Article 43 part 2 of the discussed Act appoints the adequate Institute organs, i.e. the Department Directors and the President of the Institute of National Remembrance as consecutive appeal instances in accordance with the administrative proceeding code. The refusal decision to disclose the documents should have all the attributes of an administrative decision in which all the factual and legal reasons for it should be stated. Such decisions are subject to administrative courts' control.

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1 Ius Novum

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PROCEEDING REGARDING A MOTION LODGED AS A MATTER OF ART. 35C IN CONNECTION WITH AN ART. OF THE ACT OF 18. 12 1998 ON INSTITUTE OF NATIONAL REMEMBRANCE - COMMISSION FOR PROSECUTION OF CRIMES AGAINST THE POLISH NATION (Polish title - below)