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EN
The author analyses the legal characteristics of a special category of acts enforced by public authorities, which legal theory calls „hybrid administrative acts“. The article deals with their classification, procedural rules of their issue and publication. The topics of their review by administrative courts and case law are in the centre of attention.
EN
(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.
EN
This paper considers the selected process institutions of the new judicial-administrative proceedings in Poland. The analysis of normative material (first of all the Act - Law on proceedings before administrative courts) has been connected with the presentation of theoretical views, which are generally accepted in the Polish science. A starting point for considerations is the presentation of development of the Polish administrative jurisdiction after World War II. The second part of the paper deals with the normative bases of administrative jurisdiction in Polish Constitution. It includes considerations about the constitutional norms, which can be regarded as premises of the structure of administrative courts and the judicial-administrative proceedings. The third part is devoted to the analysis of the objective specificity of administrative courts. In the fourth part a problem of the premises of admissibility of the suing of administrative acts and actions for the administrative courts is discussed. The fifth part deals with the presentation of the object of judicial-administrative protection and the range of judicial-administrative recognition and adjudication. It includes especially remarks on the process institutions forming the principles and content of the administrative-judicial control. In the sixth part of the paper the notion of temporary legal protection in the judicial-administrative proceedings is analyzed. The final part presents general notes and conclusions about the Polish judicial-administrative proceedings. .
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