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  1. 1 Studia Prawnicze

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  1. 1 Powalowski A.

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  1. 1 2005

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REGULATED ECONOMIC ACTIVITY

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Powalowski A.
Studia Prawnicze
|
2005
|
issue 3(165)
125-137
EN
A distinctive feature of the regulated activity is its subject, legal grounds as well as the fact that separate registers of such activity are kept and respective entries are made into registers (and are removed from them) pursuant to a specific legal procedure. The regulated activity is something different from the, heretofore well-known to Polish law, rationing measures such as concessions and licences, with regard to its essence as well as its legal nature.The regulated activity may be taken up only by an entrepreneur i.e. a subject entered in the Register of Entrepreneurs of the National Court Register or in the Register of Business Activity. In order to take up the regulated activity the entrepreneur should lodge a motion for entering the subject into the proper register, make a declaration on his having met the statutory requirements, and be entered by proper body in the Register of Regulated Activity, which is confirmed by the issuance of a relevant certificate. Characteristic is the fact that the registration body cannot refuse such entry in the register pointing to a possible inconsistency of the content of the motion or declaration with the actual state, and any verification action may be taken by this body only after the entrepreneur has been entered in the register. The entrepreneur entered in the register may be imposed a ban on further activity, with the decision on such ban being given an order of immediate enforceability. It deprives the entrepreneur of a possibility to effectively assert his right because as a result of the decision on ban he is removed from the register of the regulated activity and may be re-entered not earlier than after three years. The above allows us to note a mixed nature of the regulated activity due to the fact that its procedure combines the regulating elements (entry into the register) with the rationing elements (ban on activity and removal from the register).
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