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Prawo do obrony mianowanych kontrolerów – postępowanie dyscyplinarne w NIK

100%
Róg Ł.
Kontrola Państwowa
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2017
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vol. 62
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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.
2
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Ad vocem proponowanych zmian w ustawie o kontroli w administracji rządowej

100%
Bednarczyk M.
Kontrola Państwowa
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2017
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vol. 62
|
issue 1 (372)
142-153
EN
The article is a response to the text published in Issue 4/2015 of Kontrola Państwowa, entitled “Need for Amendments in the Act on Control in Government Administration – de lege ferenda Comments”, written by Monika Nowikowska and Janusz Cieślak. The polemicist refers to the provisions that the two authors found problematic due to certain inaccuracies, gaps and deficiencies of the Act of 15 July 2011 on Control in Government Administration. In this article, the author recalls not only theoretical legal analyses of individual regulations, but also examples from his own audit experience gathered in the Ministry of Internal Affairs and Administration.
3
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Prewencyjna funkcja kontroli Najwyższej Izby Kontroli – wykład inauguracyjny na studiach podyplomowych

86%
Kwiatkowski K.
Kontrola Państwowa
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2016
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vol. 61
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issue 2 (367)
8-15
EN
On 4th March 2016, President of NIK Krzysztof Kwiatkowski, during the inauguration of the postgraduate studies “Legal Aspects of State Auditing” at the Faculty of Law and Administration of the University of Łódź, gave a lecture dedicated to the preventive function of NIK’s audits. NIK’s audits have a preventive function because they both aim at establishing irregularities, and disclose the reasons thereof. The conclusions formulated by NIK in post audit statements are implemented not only by the auditees, but they provide guidance for other entities as well. In his lecture, President Krzysztof Kwiatkowski referred to de lege ferenda proposals, i.e. proposals to amend the law, which he called prevention of the highest level.
4
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Anonimizacja danych w postępowaniu kontrolnym – administracja rządowa

86%
Bednarczyk M.
Kontrola Państwowa
|
2018
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vol. 63
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issue 5 (382)
14-29
EN
In his article, the author presents the data anonymization procedure introduced in the Act of 15th July 2011 on audits in the government administration. He discusses the issue from numerous aspects, analysing anonymization of data on persons who give evidence, explanations or provide documents during the audit proceedings. This is a very useful tool, however, due to the lack of comprehensive legal regulations in the area, it has not been applied in this kind of proceedings. This situation may be changed if regulations based on European laws are introduced.
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