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  1. 2 Kontrola Państwowa

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  1. 1 Padrak R.

  2. 1 Róg Ł.

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  1. 2 2017

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Prawo do obrony mianowanych kontrolerów – postępowanie dyscyplinarne w NIK

100%
Róg Ł.
Kontrola Państwowa
|
2017
|
vol. 62
|
issue 1 (372)
29-39
EN
The right to defence (ius defensionis) is one of the fundamental rights in a democratic state of law. It is applied not only in criminal proceedings, but also in other proceedings of repressive nature, including disciplinary proceedings against NIK nominated auditors. In his article, the author presents some arguments in favour of amending the Act on the Supreme Audit Office with regard to the entities that can perform the role of a defence counsel in the disciplinary proceedings against NIK nominated auditors, and in favour of such an interpretation that allows the defendant to have up to three defence counsels.
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Umorzenie postępowania dyscyplinarnego w NIK – procedura dotycząca mianowanych kontrolerów

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Padrak R.
Kontrola Państwowa
|
2017
|
vol. 62
|
issue 5 (376)
27-49
EN
The article attempts to discuss the reasons for dismissing disciplinary proceedings at the Supreme Audit Office and the contents of the ruling that the Disciplinary Committee should issue in this regard. Since the provisions of the Act on NIK of 23rd December 1994 do not regulate this issue, and Article 97p of the Act sets forth that the provisions of the Code of Criminal Procedure (Polish: k.p.k.) should be applied accordingly. The ruling on dismissal of disciplinary proceedings at NIK should include the contents listed in Article 413(1) of the Code of Criminal Procedure. The provisions of Article 17(1) of the Code shall also be applied accordingly. The article presents a set of situations when criminal proceedings shall not be conducted or shall be dismissed. Since we should assume that a dismissal of disciplinary proceedings, similarly as is in the case of dismissal of criminal procedure, takes place when further proceedings are impermissible or pointless.
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