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in the keywords: ustawa z dn. 8 lipca 2005 r. o realizacji prawa do rekompensaty z tytułu pozostawienia nieruchomości poza obecnymi granicami Rzeczpospolitej Polskiej

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Kwestie problematyczne w realizacji roszczeń zabużańskich – próba analizy praktyki

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Prokop J.

Studia Prawno-Ekonomiczne

2013

vol. LXXXVIII (88)

141-156

The Act of 8 July, 2005 on Enforcement of the Right to Compensation for Leaving Real Estate Properties Beyond the Borders of the Republic of Poland brings to a close more than a half-century long process of settling accounts by the Polish State with the resident of the area east of the Bug River, as regarding their property left behind beyond the country’s eastern border as a result of World War II. In the course of this process, which is a consequence of the so-called “republican agreements” concluded in 1944, a series of problems arose as a result of imperfections of legal regulations which, over decades, aimed at a definitive closure of the settlements concerning property left beyond the Bug River. Among the issues raising doubts at the stage of practical application of the aforesaid regulations one may point out, by way of example, retroactive inclusion in the scope of the 2005 Act of proceedings instigated prior to its entry into force (that is pursuant to different acts of law) which were not completed until that moment; the legal nature of the term stipulated in the 2005 Act as the final deadline for filing claims for awarding the right to compensation; the nature of the term in which to name the person entitled to such compensation in cases where such right lies with more than one person; and finally – the subjective scope of the regulation and the consequences of the unconstitutional character of the requirement which calls for being a resident of the former territory of the Republic of Poland as on 1 September, 1939 as a prerequisite for entitlement to compensation. The crucial and key question, which raises further doubts, seems to be the application of the 2005 Act to proceedings instigated but not ended prior to its entry into force. A uniform and consistent application of the new Act to previously instigated proceedings poses a challenge to bodies of public administration and courts of law, particularly in the light of conflicting requirements stipulated in other acts of law – and these are not only requirements of a strictly formal nature – concerning the claims. An analysis of adjudications passed by bodies of public administration and courts of law, however, leads to the conclusion that the doubts and divergences arising as a result of application of the new Act are usually decided in favour of the claimants.

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1 Studia Prawno-Ekonomiczne

1 2013

1 Prokop J.

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Kwestie problematyczne w realizacji roszczeń zabużańskich – próba analizy praktyki