ACT

of 14 June 1960

Code of administrative behaviour

• Metric
• Codified text

SECTION I

General provisions

Chapter 1

Scope

Article 1. [ Regulatory scope] The Code of Administrative Procedure shall normalia proceedings:

1) before public administration bodies in the properties of these bodies of individual cases resolved by administrative decisions;

2) before other state bodies and before other entities, when they are appointed by law or by virtue of agreements to deal with the matters referred to in point 1;

3) in matters of dispute settlement of jurisdiction between the organs of local government units and the authorities of government administration and between the authorities and entities referred to in point 2;

4) on the issue of certificates.

Article 2. [ Regulatory scope] The Code of Administrative Conduct also normalises the handling of complaints and applications (Chapter VIII) before the state authorities, bodies of local government units and before the bodies of the social organizations.

Article 3. [ Exemption of provisions of the Code] § 1. The provisions of the Code of Administrative Procedure do not apply to:

1) proceedings in criminal cases of the treasury;

2) matters governed by the Act of 29 August 1997. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. zm.), except for the provisions of Chapters IV, V and VIII.

§ 2. The provisions of the Code of Administrative Procedure do not apply also to proceedings in matters of:

1) (repealed),

2) (repealed),

3. (repealed),

4) belonging to the properties of Polish diplomatic representations and consular offices,

in so far as the special provisions do not provide otherwise.

§ 3. The provisions of the Code of Administrative Procedure shall also not apply to proceedings in respect of matters arising from:

1) the primacy and organisational subordination in relations between the state bodies and other state organizational units,

2. the official business of the employees of the bodies and offices listed in point 1,

in so far as the special provisions do not provide otherwise.

§ 4. However, the provisions of Chapter VIII shall apply to proceedings in respect of the cases referred to in paragraphs 1, 2 and 3 (2).

§ 5. The Council of Ministers may, by way of regulation, extend the provisions of the Code of Administrative Procedure in whole or in part to proceedings in matters referred to in § 2.

Article 4. [ The ratio of the provisions of the Code to international law] The Code of Administrative Procedure shall be without prejudice to the specific powers arising from diplomatic and consular immunity and international agreements and customs.

Article 5. [ Definitions] § 1. Where a rule of law refers generally to rules on administrative proceedings, it shall be understood by the provisions of the Code of Administrative Procedure.

§ 2. Whenever the provisions of the Code of Administrative Procedure are referred to:

1) Code-shall be understood by this Code of Administrative Procedure;

2. (repealed);

3) bodies of public administration-shall be understood by the Ministers, the central government bodies, the voters acting in their own name or on their own behalf other local government administration bodies (mashup and non-polled), the bodies of the bodies of the public administration local government and the authorities and bodies listed in Article 1 point 2;

4) minifear-this is understood by the President and the Deputy Prime Minister acting as Minister for a specific department of government administration, ministerial ministers of a specific government administration, chairmen of committees forming part of the Council of Ministers, managers of central government offices subordinate to, subordinated or supervised by the Prime Minister or the competent minister, as well as managers of other equivalent government offices dealing with matters referred to in art. 1 (1) and (4);

5) social organisations-it is understood by the professional organisations, local government, cooperative societies and other social organisations;

6) bodies of local government units-it is understood by the authorities of the municipality, the district, the voivodship, the associations of communes, the union of powiats, the mayor, the mayor (the president of the city), the starostess, the Marshal of the voivodship, and the managers of the services, inspection and the guard acting on behalf of the mayor, the mayor (the president of the city), the starosty or the Marshal of the voivodship, and also the local government redress.

Chapter 2

General principles

Article 6. [ Rule of law rule] Public administration bodies shall act on the basis of the provisions of law.

Article 7. [ Principle of rule of law] In the course of the proceedings, the public authorities shall uphold the rule of law, ex officie or at the request of the parties shall take all necessary steps to clarify the facts and to deal with the matter, having regard to the interests of the parties concerned. social and legitimate interest of citizens.

Article 8. [ Principle of deepening citizens ' trust in public authority] Public administration bodies shall conduct proceedings in a way that has the confidence of its participants in the public authority.

Article 9. [ Principle of information of parties] The public authorities shall be obliged to inform the parties properly and comprehencibly of the factual and legal circumstances which may affect the establishment of their rights and obligations under administrative proceedings. The authorities shall ensure that the parties and other persons involved in the proceedings do not suffer any damage due to the unfamiliarity of the law, and shall provide them with the necessary explanations and guidance to that effect.

Article 10. [ Principle of participation of parties in the proceedings] § 1. The public authorities are obliged to provide the parties with an active part in each stage of the procedure and, prior to the adoption of the decision, enable them to comment on the evidence and material collected and the requests notified.

§ 2. The authorities of the public administration may waive the rule laid down in § 1 only in cases where the handling of a case does not suffer a delay because of a danger to human life or health or due to a threat of undepleted damage material.

§ 3. The public administration authority shall be obliged to establish, by way of an annotation, the reasons for the withdrawal from the rule laid down in paragraph 1.

Article 11. [ Principle of explanation of the conditions for the handling of the case] The public authorities should explain to the parties the legitimacy of the conditions to be addressed in order to ensure, as far as possible, the parties to the decision, without the need for coercive measures.

Article 12. [ Principle of rate of conduct] § 1. The public authorities should act in a thorough and timely way, using the simplest means to deal with it.

§ 2. Cases which do not require the collection of evidence, information or explanations, should be dealt with immediately.

Article 13. [ Principle of urging to settlement] § 1. Cases involving parties with contentious interests may be dealt with by a settlement drawn up before a public administration (administrative settlement).

§ 2. The body of public administration, before which proceedings in the case is pending, should, in these cases, take actions to prompt the parties to conclude a settlement.

Article 14. [ Principle of written procedure] § 1. Cases must be dealt with in a written form or in the form of an electronic document within the meaning of the provisions of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235), which is served by electronic means of communication.

§ 2. Cases may be dealt with orally when there is an overriding interest in the party's interests and the legal provision does not prevent it from being overrun. The content and the relevant motives for such an action should be recorded in a record in the form of a protocol or signed by the page of an annotation.

Article 15. [ Two-instancency of the procedure] Administrative proceedings are two-instance.

Article 16. [ Final Decisions] § 1. Decisions which do not serve as a reference in the administrative course of the instance or a request for reconsideration of the case shall be final. The repeal or amendment of such decisions, the declaration of their invalidity and the resumption of proceedings may take place only in the cases provided for in the Code or specific laws.

§ 2. Decisions may be appealed to the administrative court because of their illegality, on the basis and in the mode specified in the separate statutes.

Chapter 3

Senior authorities and general authorities

Article 17. [ Higher authorities] The higher organs within the meaning of the Code are:

1) in relation to the bodies of local government units-self-governing body of appeal, unless otherwise specified by the Special Act;

2) in relation to the voyev-competent on the matter of the ministers;

3. with regard to public authorities other than those referred to in points 1 and 2, the competent authorities or the competent ministers, and in the absence thereof, of the public authorities exercising supervision over their activities;

4. in relation to the bodies of the social organisations, the competent authorities of the higher level of those organisations and, in the absence thereof, the State authority exercising supervision over their activities.

Article 18. [ General authorities] The general authorities within the meaning of the Code shall be:

1) in relation to the organs of government administration, bodies of local government units, with the exception of local appeal colleges, and state bodies and local bodies of organizational units-the President of the Council of Ministers or the appropriate Ministers;

2. in relation to state bodies other than those referred to in point 1, the relevant authorities with national action coverage;

3) to the bodies of the social organisations-the chief bodies of these organizations, and in the absence of such an authority-the President of the Council of Ministers or the competent ministers exercising the authority of supervising their activities.

Chapter 4

Organ property

Article 19. [ Principle of observance of properties ex officiate Public administration bodies shall comply with the office of their property and local authority.

Article 20. [ Property Property] The property of the public administration body shall be determined in accordance with the provisions of its action.

Article 21. [ Local Property] § 1. The jurisdiction of the local public authority shall be:

1) in property matters-according to the location of its location; if the property is situated in the property area of two or more bodies, the adjudication belongs to the body in whose area the greater part of the property is located;

2. in matters relating to the establishment of the establishment, at the place where the establishment is, was or is to be carried out;

3) in other cases-according to the place of residence in the country and in the absence of residence in the country-according to the place of stay of the party or one of the parties; if neither party has in the country of residence (seat) or stay-according to the last place their residence or residence in the country.

(2) If the local jurisdiction cannot be determined in the manner provided for in paragraph 1, the matter shall be the competent authority of the place where the event in which the proceedings are initiated or, failing that, to the authority of the competent authority, suitable for the area of the district of Śródmieście in m.st. in Warsaw.

Article 22. [ Dispute Settlement for Property] § 1. Disputes over the property shall be settled by:

1) between the bodies of local government units, except in the cases referred to in points 2-4-common to them of a higher level body, and in the absence of such authority, the administrative court;

2) between the managers of the services, the inspection and the administration of the mashup administration of the same district, acting on their own behalf or on behalf of the starost-the starosta;

3) between the bodies of the complex administration in one province not mentioned in point 2-wojewoda;

4) between the bodies of local government units in different voivodships in matters belonging to tasks within the scope of government administration-minister competent for public administration;

5) (repealed);

6) between the voivodships and the bodies of the complex administration in different voivodships-minister competent for the affairs of the public administration;

7. between the wojewater and the authorities of the non-polled administration-the minister responsible for public administration after agreement with the body exercising the supervision of the body in dispute with the wojewater;

8) between public administration bodies other than those mentioned in points 1 to 4, 6 and 7-a higher level body for them, and in the absence of such a body, the minister competent for public administration;

9) between public administration bodies, when one of them is a minister-the President of the Council of Ministers.

§ 2. The rules of competence between the bodies of local government units and the authorities of the government administration shall be decided by the administrative court.

§ 3. A request for consideration of a dispute by an administrative court may occur:

1) page;

2) the body of a local government unit or other public administration body, remaining in dispute;

3) Minister responsible for the affairs of the public administration;

4) the minister competent for justice, the Attorney General;

5. The Ombudsman.

Article 23. [ Actions not suffering the delay] Pending the settlement of a dispute over a jurisdiction of a public administration in whose territory the case has been brought, it shall take only urgent action on the grounds of the social interest or the legitimate interest of the citizens and shall inform the competent authority of that matter. to resolve the dispute.

Chapter 5

Exclusion of the employee and body

Article 24. [ Disable Labor] § 1. An employee of a public administration authority shall be exempted from participation in the proceedings in the case:

1) in which it is a party or it remains with one of the parties in such a legal relationship that the outcome of the case may affect his or her rights or obligations;

2) their spouse and relatives and inmates to a second degree;

3) any person associated with him for adoption, care or guardianage;

4) in which he was a witness or expert or was or is a representative of one of the parties, or in which the representative of the party is one of the persons mentioned in points 2 and 3;

5) in which he participated in the adoption of the contested decision;

6) on grounds of which an investigation, disciplinary or criminal proceedings have been brought against him;

7) in which one of the parties is the person remaining against him in the relationship of a business paramount.

§ 2. The reasons for excluding the employee from participation in the proceedings are also continuing after the marriage is established (§ 1 point 2), adoption, care or guardianer (§ 1 point 3).

§ 3. The immediate manager of a staff member shall be obliged, at his/her request or at the request of the party, to exclude him from taking part in the proceedings, if there is a firm existence of circumstances not mentioned in § 1, which may cause doubt as to what to impartiality of the employee.

§ 4. The disabled worker should only take urgent action on account of the social interest or important interests of the parties.

Article 25. [ Exclusion of authority] § 1. The public administration authority shall be exempted from dealing with the interests of the assets:

1) his manager or the persons remaining with this manager in the relations specified in art. 24 (1) (2) and (3);

2) a person occupying a managerial position in the directly superior body or persons remaining with it in the relations referred to in art. 24 § 1 points 2 and 3.

§ 2. Article Recipe 24 § 4 shall apply mutatis mutandis.

Article 26. [ The designation of the employee or the competent authority] § 1. In case of exclusion of the employee (Art. 24) his immediate manager designates another employee to pursue a case.

§ 2. In the event of the exclusion of the body, the case

(1) in the circumstances provided for in Article 25 § 1 point 1-a higher level authority over the body dealing with the case;

2. in the circumstances provided for in the Article 25 § 1 point 2-a higher level authority over the body in which the person mentioned in that provision occupy a managerial position.

A higher level authority may be able to set up a different body to be handled by another body. In case the person mentioned in Article 25 § 1 point 2 shall be the minister or the president of the local board of appeal, the authority competent to deal with the matter shall be appointed by the President of the Council of Ministers.

§ 3. If, as a result of the exclusion of employees of a public authority, the public authority has become incapable of handling the case, paragraph 2 shall apply mutatis mutandis.

Article 27. [ Exclusion of member of the collegiate body] § 1. A member of the collegial body shall be exempted in the cases referred to in the Article. 24 § 1. To exclude that member in the cases referred to in the Article. 24 § 3 shall be decided by the chairman of a collegiate body or a higher body at the request of a party, a member of a collegial body or a member of the authority.

§ 1a. A member of the Boards of Appeal shall be exempted from taking part in the proceedings for reconsideration of the case if he participated in the decision of the application.

(2) If, as a result of the exclusion of the members of the collegial body, that authority has become incapable of adopting a resolution on the absence of the required quorum, the provisions of Article 4 respectively shall apply 26 § 2.

§ 3. If the local authorities of the Boards of Appeal as a result of the exclusion of its members cannot settle the matter, the Minister responsible for the public administration shall, by way of order, designate other self-governing body of appeal.

Article 27a. (repealed).

Chapter 6

Page

Article 28. [ Page definition] It shall be a party to any person whose legal interest or obligation relates to proceedings or who requests action by a body on the grounds of his or her legal interest or duty.

Article 29. [ Parties to the Party] The parties may be natural persons and legal persons, and when it comes to state and local government units and social organizations-also entities without legal personality.

Article 30. [ Legal capacity and capacity for legal acts of parties] § 1. The legal capacity and legal capacity of the parties shall be assessed in accordance with the provisions of civil law, save as otherwise provided for in specific provisions.

§ 2. Natural persons who do not have the capacity to act shall act by their statutory representatives.

§ 3. Parties that are not natural persons shall act by their statutory or statutory representatives.

§ 4. In cases concerning transferable or hereditary rights in the event of the divestment of the right or death of a party in the course of proceedings, the successor to the legal successor shall be entered in the proceedings for the place where the party is

§ 5. In cases relating to falls not covered by the parties, the persons holding the management of the succession of inheritance shall act and, in their absence, the probation officer appointed by the court at the request of the public administration authority.

Article 31. [ Participation in proceedings of a social organisation] § 1. A social organisation may ask for another person to request:

1. initiating the procedure,

2) allowing it to participate in the proceedings,

if this is justified by the statutory objectives of the organisation and when it speaks for the social interest.

§ 2. The Body of Public Administration, recognising the request of a social organisation to be justified, decides to initiate the procedure of the public authority or to allow the organisation to participate in the proceedings. The decision to refuse to initiate proceedings or admission to proceedings of a social organisation shall serve as a complaint.

§ 3. The social organisation participates in proceedings on the rights of the party.

§ 4. The public authority shall, when initiating proceedings in a case involving another person, inform the social organisation if it considers that it may be interested in taking part in the proceedings in respect of its statutory objectives and where it considers that it may be an interested party. for this social interest.

§ 5. A social organisation, which does not participate in proceedings on the rights of the party, may, with the agreement of the public administration authority, present to that authority its view on the matter, expressed in the resolution or statement of its statutory body.

§ 6. (repealed).

Article 32. [ Action by proxy] The party may act by a proxy, unless the nature of the action requires her personal action.

Article 33. [ Attorney] § 1. A party's representative may be a natural person who has the capacity to act.

§ 2. Plenipotentiary should be given in writing, in the form of an electronic document or notified to the protocol.

§ 2a. The power of attorney in the form of an electronic document should be authenticated by means of the mechanisms specified in art. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities.

§ 3. The plenipotentiary shall be attached to the file by the original or an officially certified copy of the power of attorney. The lawyer, the legal adviser, the patent office, and the tax adviser may, by themselves, authenticate a copy of the power of attorney granted to them and the copies of other documents proving their attachment. The public administration may, in case of doubt, require an official certificate of the signature of the party.

§ 3a. Where a copy of the power of attorney or copies of other documents demonstrating the strengthening have been drawn up in the form of an electronic document, the authentication referred to in paragraph 3 shall be effected by means of the mechanisms laid down in Article 3. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities. Copies of powers of attorney or copies of other documents showing the authentication of electronically authenticated shall be drawn up in the data formats specified in the provisions adopted on the basis of Article 4 (1) of the Rules of the European Union. 18 (1) of that Law.

§ 4. In matters of lesser importance, the public administration may not require a power of attorney if the proxy is a member of the immediate family or a member of the party, and there is no doubt as to the existence and extent of the authorization to act on behalf of page.

Article 34. [ Designation of the representative of the site § 1. The public authority shall request the court to designate a representative for a person who is not present or who is unable to act, unless the representative has already been appointed.

§ 2. In the event of the need for urgent action, the public administration authority shall designate, for the person who is not present, the authorised representative to act in the proceedings pending the appointment of the representative by the court.

Chapter 7

Business

Article 35. [ Deadlines for handling cases] § 1. Public administration bodies are required to deal with cases without undue delay.

§ 2. The cases which may be dealt with on the basis of evidence submitted by the party together with the request to initiate the procedure or on the basis of facts and evidence commonly known or known ex officio to the authority before which the proceedings should be dealt with are to be dealt with. the proceedings are under way or are possible to be determined on the basis of the data to be disposed of by that authority.

§ 3. The handling of a case requiring an investigation should take place no later than one month, and particularly complex cases-no later than two months from the date of the opening of the procedure, and in the appeal proceedings-in within one month from receipt of the appeal.

§ 4. Specific provisions may specify different time limits than those laid down in § 3.

§ 5. The time limits laid down in the preceding provisions shall not include the time limits laid down in the law for the purpose of carrying out certain operations, the periods of suspension of proceedings and the periods of delay caused by the fault of the party or for reasons independent of the authority.

Article 36. [ Shell in case of a case] § 1. Any case of failure to settle the case within the time limit laid down in the Article. 35 or in the specific rules of the public administration, the parties shall be obliged to notify the parties, stating the reasons for the delay and indicating a new date for the matter.

§ 2. The same obligation of pregnancy to the public administration authority also in case of delay in handling the case for reasons beyond the control of the body.

Article 37. [ Complaint on indemolition of the case on time] § 1. Not to settle the case within the time limit laid down in the Article. 35, in the specific provisions laid down in accordance with Article 3 (1) of 36 or the chronic conduct of the proceedings of the party shall serve to complaint to the higher authority, and if there is no such authority, the call for the removal of the violation of the law.

§ 2. The body referred to in paragraph 1, recognising the complaint as legitimate, shall fix an additional time limit for the settlement of the case and shall manage an explanation of the reasons for and the establishment of the persons guilty of the failure to take the case within the time limit and, if necessary, the taking of measures In order to prevent any breach of time-limits for future matters. The body states at the same time whether the failure to settle the case was due to a flagrant violation of the law.

Article 38. [ Responsibility of the worker for arrears] A staff member of a public administration who, for unjustified reasons, has not completed the matter within the time limits or has not complied with the obligation under Article 4 (1) of the 36 or he did not settle the matter within the additional time limit set out in the terms of art. 37 (2), shall be subject to the ordinal or disciplinary responsibility or of any other liability provided for in the law.

Chapter 8

Service

Article 39. [ Ways Of Service] The public administration service is served by the letter of receipt by the postal operator within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529), by its employees or by other authorised persons or bodies.

Article 39 ¹ . [ Electronic Documents] § 1. Service shall be effected by means of electronic communication within the meaning of the Article. 2 point 5 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. of 2013 r. items 1422), if the party or other participant of the proceedings meets one of the following conditions:

1) submit the application in the form of an electronic document by the electronic inbox of the public administration body;

2. it shall request the public administration for such service and shall indicate to the public authority the electronic address;

3) consent to the service of the letters in the proceedings by means of these measures and will indicate to the public authority the electronic address.

§ 1a. The public administration may ask the party or other participant to agree to service the letters in the form of an electronic document in the other, specified by the body of the categories of individual cases dealt with by the latter authority.

§ 1b. The public administration may request the consent referred to in § 1 (3) or § 1a by means of electronic communication to the electronic address of the party or other participant in the proceedings.

§ 1c. The occurrence referred to in § 1b shall not apply to the application of Article 1 (1). 46 § 3-8.

§ 1d. If the party or other participant in the proceedings resign from the service of letters by means of electronic communication, the public administration body shall serve the letter in a manner specified for the letter in a form other than the form of the electronic document.

§ 2. (repealed).

Article 40. [ Addressees for Service] § 1. The letters shall be served on the party, and when the party is acting by a representative, the representative shall be served.

§ 2. If the party has established a proxy, the letter shall be served on the representative. Where several plenipotentiaries have been established, the letter shall be served on only one representative. The party may indicate such proxy.

§ 3. A case initiated as a result of an application submitted by two or more pages of a letter shall be served on all the parties, unless the application indicates one as authorised to receive the letters.

§ 4. [ 1] A party which does not have a residence or habitual residence or a seat in the Republic of Poland or another Member State of the European Union, if it has not established a proxy for the conduct of a case residing in the Republic of Poland and does not work through the Consul of the Republic of Poland, shall be obliged to indicate in the Republic of Poland a proxy for service, unless the service is effected by means of electronic communication.

§ 5. In the event of failure to indicate, the plenipotentiary for service for that party shall be left in the file with effect of service. The website must be taught at the first service. The party should also be advised of the possibility of submitting a reply to the letter initiating the proceedings and explanations in writing and of who may be established by a proxy.

Article 41. [ Effectiveness of service] § 1. In the course of the proceedings, the parties and their representatives and agents shall notify the public authority of any change to their address, including electronic address.

§ 2. In the event of failure to comply with the obligation laid down in paragraph 1, service of the letter under the previous address shall have legal effect.

Article 42. [ Place of service] § 1. The letters shall be served on the physical persons in their dwelling or in their place of work.

§ 2. The Scriptures may also be served in the premises of the public administration authority, if the special provisions do not provide otherwise.

§ 3. If the letter cannot be served in the manner laid down in paragraphs 1 and 2, and if necessary, the letter shall be served in any place where the addressee is addressed.

Article 43. [ Replacement] In the absence of the addressee, the letter shall be served, in receipt of the receipt, to the adult house, to the neighbour or to the caretaker of the house, if those persons have made a letter of receipt to the addressee. Notice shall be given to the addressee of the delivery of the letter to the neighbor or to the caretaker by placing a notice in the postbox or, where this is not possible, at the door of the apartment.

Article 44. [ Presumption Of Service] § 1. If the letter cannot be served in the manner indicated in the Article. 42 and 43:

1) postal operator within the meaning of the Act of 23 November 2012. -Postal law shall keep the letter for 14 days in its post office, in the case of the delivery of the letter by the postal operator;

2) the letter consists of a period of fourteen days in the office of the competent municipality (the city)-in the case of service of the letter by the employee of the municipal office (city) or the authorized person or body.

§ 2. The notice of leaving the letter, together with the information on the possibility of its receipt within seven days, counting from the day of leaving the notice at the place referred to in § 1, shall be placed in the postpone mailbox or, where this is not possible, at the door of the addressee's apartment, his office or any other room where the addressee performs his/her professional activities or in a visible place at the entrance to the addressee's property.

§ 3. In the case of failure to take the consignment within the period referred to in § 2, the notification of the possibility of receipt of the consignment shall be left again within fourteen days of the date of the first notification.

§ 4. Service shall be deemed to have been effected on the expiry of the last day of the period referred to in paragraph 1, and the letter shall be left in the file.

Article 45. [ Delivering writing to organizational units and social organisations] Organisational units and social organisations shall be served by letters on the premises of their premises at the hands of persons entitled to receive letters. Article Recipe 44 shall apply mutatis mutandis.

Article 46. [ Confirmation of service] § 1. The receiving letter confirms the service of the letter with its signature with an indication of the date of service.

(2) If the receiving letter is abrogated from the acknowledgement of service or cannot do so, the service shall state the date of service and shall indicate the person who received the letter and the reason for the failure to sign it.

§ 3. In the case of service of the letter by means of electronic means of communication, service shall be effective if the addressee confirms receipt of the letter in the manner referred to in paragraph 4 (3).

§ 4. In order to serve the letter in the form of an electronic document, the public authority shall send to the electronic address the addressee a notice containing:

1) an indication that the addressee may receive the letter in the form of an electronic document;

2) an indication of the electronic address from which the addressee may download the letter and under which he should make a confirmation of the service of the letter;

3) instructing on how to receive the letter, and in particular how to identify at the indicated electronic address in the IT system of the public administration authority, and information about the requirement to sign an official reception certificate in the manner indicated in art. 20a of the Act of 17 February 2005. o computerisation of the activities of public entities.

§ 5. In the case of non-receipt of a letter in the form of an electronic document in the manner referred to in § 4 (3), the public administration authority shall, after 7 days from the date of dispatch of the notice, send a repetition of the possibility of receiving it letters.

§ 6. In the absence of receipt of the letter, service shall be deemed to have been effected after the expiry of a period of fourteen days from the date of transmission of the first notification

§ 7. The notices referred to in paragraphs 4 and 5 may be automatically created and transmitted by the public administration system of the public authority and the receipt of those notices shall not be confirmed.

§ 8. In the case of recognition of a letter in the form of an electronic document for served on the basis of § 6 the public administration authority allows the addressee of a letter to have access to the content of the letter in the form of an electronic document for a period of at least 3 months from the recognition of the letter in the form of an electronic document for the service and information on the date of recognition of the letter for the service and the dates of dispatch of the notifications referred to in paragraphs 4 and 5 in the electronic computer system.

§ 9. The technical and organizational conditions of service of the letter in the form of an electronic document shall be determined by the provisions of the Act referred to in § 4 point 3.

§ 10. The service of a letter in the form of an electronic document to a public body within the meaning of the provisions of the Act referred to in § 4 point 3, shall be effected by the electronic inbox of this entity, in the manner specified in this Act.

Article 47. [ Refusal to accept letter by addressee] § 1. If the addressee refuses to accept the letter sent to him by the postal operator within the meaning of the Act of 23 November 2012. -Postal law or other authority or otherwise, the letter shall be returned to the consignor with a note of refusal of acceptance and the date of refusal. The letter, including the annotation, shall be included in the case file.

§ 2. In the cases referred to in § 1, the letter shall be deemed to have been served on the date of the addressee's refusal to accept it.

Article 48. [ Specific ways of service] § 1. Letters addressed to persons who are not known from the place of stay for which the court has not appointed a representative shall be served by the representative established in accordance with the provisions of Article 4 (1) of the Regulation. 34.

§ 2. The Scriptures addressed to persons enjoying the special powers resulting from diplomatic or consular immunity shall be served in the manner prescribed by special provisions, in agreements and international customs.

Article 49. [ Notice] The parties may be notified of decisions and other acts of public administration by the notice or by other customary means of public announcement adopted in a given locality, where a special provision so provides; in those cases the notification or service shall be deemed to have been effected after a period of fourteen days from the date of publication of the public notice.

Chapter 9

Summations

Article 50. [ Calling for participation in the activities of the Authority] § 1. The public administration may call upon persons to participate in the activities undertaken and to provide explanations or testimonies personally, by a proxy, in writing or in the form of an electronic document, if this is necessary for the resolution cases or for the exercise of official duties.

§ 2. The body is obliged to make efforts to make the notice of the summations not burdensome.

§ 3. In cases where the requested person is unable to act on the grounds of illness, disability or other inconvenience, the body may carry out a specific action or accept an explanation or interview a person called at the place of his stay, if allow the circumstances in which this person is located.

Article 51. [ Personal Residency] § 1. Only within the municipality or the city in which he resides or resides personally shall be required to appear in the personal appearance of the requested person.

§ 2. The obligation of personal residency shall also apply to the requested, residing or staying in a neighbouring municipality or city.

Article 52. [ Call for action before another authority] In the course of the proceedings, the public administration authority shall request the appropriate field body of the government or local authority to request an inhabited or resident person in a given municipality or city to be heard or heard. to testify or to carry out other activities related to the ongoing proceedings. The investigating authority shall, at the same time, mark the circumstances which are the subject of the explanations or statements or acts to be carried out.

Article 53. [ Exclusion of the provisions of Article 51 and 52] Art. 51 and 52 shall not apply in cases where the nature of the case or action requires action to be carried out before a public administration body conducting the proceedings.

Article 54. [ Notice Content] § 1. The notice shall indicate:

1. the name and address of the requesting authority;

2) the name of the call;

3) in what case and in what nature and to what purpose it is called upon;

4) whether the requested person should appear in person or by a proxy, or whether he may submit an explanation or testimony in writing or in the form of an electronic document;

5) the term, to which the request should be fulfilled, or the day, hour and place of the appointment of the requested or his representative;

6) the legal effects of not applying to the summon.

§ 2. The call should be accompanied by the signature of the requesting authority, stating the name and position of the signatory, or, if it is done with an electronic document, it should bear a safe signature. It is verified by means of a valid qualified certificate.

Article 55. [ Call by means of communication] § 1. In urgent cases, a call may also be made by telephone or by other means of communication, with the data referred to in Article 4 (1). 54 § 1 and the name, surname and official position of the staff member of the requesting authority.

§ 2. The call made in the manner prescribed in § 1 shall result in legal effects only if there is no doubt that it has arrived at the addressee in the relevant content and within a reasonable time.

Article 56. [ Reimbursement of the costs of the property] § 1. The person who made the call is granted travel expenses and other charges determined in accordance with the provisions of Chapter 2 of Title III of the Act of 28 July 2005. with legal costs in civil matters (Dz. U. of 2010 No. 90, item. 594, with late. zm.). This also applies to the costs of the personal appearance of the parties when the proceedings have been initiated ex officiously or when the party without his or her fault has been wrongly called to appear.

§ 2. The request for a claim must be notified to the public administration authority before which the proceedings are pending, before the decision is taken, subject to the loss of the claim.

Chapter 10

Time limits

Article 57. [ Calculation of time limits] § 1. If the beginning of the period specified in days is a certain event, the date on which the event occurred shall not be taken into account in the calculation of that time limit. The end of the last of the designated number of days shall be considered as the end of the period.

The terms set out in the weeks shall end with the expiry of that day in the last week, which shall correspond to the beginning of the period of time.

§ 3. The time limits set in months shall end on the expiry of that day in the last month, which corresponds to the initial day of the deadline, and if that day had not been the case in the last month of that month.

§ 4. If the end of the period falls on a public holiday, the next day of the term shall be deemed to be the next day of the day of the week-long term.

§ 5. The time limit shall be deemed to be retained if, prior to the expiry of that period, the letter

1) sent in the form of an electronic document to the public administration authority, and the broadcaster has received an official reception certificate;

2) granted in the Polish postal facility of the operator designated within the meaning of the Act of 23 November 2012. -Postal law;

3) deposited in the Polish consular office;

4) filed by the soldier in the command of the military unit;

5. submitted by a crew member to the ship's master ship;

6) filed by a person deprived of liberty in the administration of the criminal establishment.

Article 58. [ Restoration of deadline] § 1. In the event of failure to comply with the time limit, the time limit should be set back at the request of the person concerned if it is likely that the failure to do so has occurred without

§ 2. A request for reinstatement of the term should be filed within seven days from the date of cessation of the reason for failure to fulfil the deadline. At the same time, it is necessary to complete the action for which a period was specified.

§ 3. The reinstatement of the deadline for making a request under § 2 is unacceptable.

Article 59. [ Authority to reinstate the time limit] § 1. The reinstatement of the deadline shall be decided on by the public administration authority. The provisions on refusing to restore the term serve to grievance.

§ 2. The reinstatement of the time limit for the lodging of an appeal or complaint shall be definitively decided by the competent authority for the examination of the appeal or of the complaint.

Article 60. [ Hold decision execution] Prior to the examination of the request for reinstatement of an appeal or complaint, the public authority may, at the request of the party, postpone the execution of the decision or order.

SECTION II

Procedure

Chapter 1

Initiation

Article 61. [ Initiation procedure] § 1. Administrative proceedings shall be initiated at the request of the party or of its own motion.

§ 2. The body of public administration may, on account of the particularly important interest of the party, initiate proceedings also in a case in which the provision of the law requires a party's request. The authority shall obtain the consent of the party in the course of the proceedings and, in the event of disagreement, the proceedings shall be remitted.

§ 3. The date of initiation of proceedings at the request of the party shall be the date of service of the request to the

§ 3a. The date of initiation of proceedings at the request of the party brought by electronic means shall be the day of implementation of the request to the computer system of the public administration authority.

§ 4. All persons who are party to the case shall be notified of the initiation of the procedure, or at the request of one of the parties.

Article 61a. [ Request by non-party person] § 1. When the request referred to in Article 61, was brought by a person who is not a party or for other legitimate reasons the proceedings cannot be initiated, the body of public administration shall issue a decision refusing to initiate proceedings.

§ 2. The order referred to in § 1 serves the purpose of complaint.

Article 62. [ Multiple of the parties to the proceedings] In cases where the rights or obligations of the parties are derived from the same facts and the same legal basis and in which the same public authority is competent, one procedure may be initiated and carried out in respect of more than one one page.

Article 63. [ Applications] § 1. Applications (requests, explanations, cancellations, complaints) may be made in writing, telegraphly, by fax or orally to the protocol, and by other means of electronic communication by electronic means of the authority public administration established on the basis of the Act of 17 February 2005. o computerisation of the activities of public entities.

§ 2. The application shall include at least the indication of the person from whom it comes, its address and request and to make any other requirements laid down in the specific provisions.

§ 3. The application lodged in writing or orally to the minutes should be signed by the appellant and the minutes of the staff member who prepared him. Where an application is made by a person who cannot or cannot file a signature, the application or protocol shall be signed by another person by the person authorised by the application, making reference to the signature of the person concerned.

§ 3a. Application lodged in the form of an electronic document should:

1) be authenticated with the mechanisms specified in art. 20a par. 1 or 2 of the Act of 17 February 2005. to inform the public of the activities of public bodies;

2) contain data in a fixed format, contained in the formula of application specified in the separate provisions, if these provisions require the application of applications according to the specified formula;

3) contain the electronic address of the appellant.

§ 3b. If the application referred to in § 3a does not contain an electronic address, the public administration authority shall assume that the electronic address from which the application was made in the form of an electronic document is appropriate and where it has been lodged in another form and shall include the request referred to in Article. 39 ¹ Article 1 (2), the service of the letters shall be delivered to the address indicated in accordance with Article 2, and shall, in the first letter, instruct the electronic address in the request for the delivery of electronic means of electronic communication.

§ 4. The public administration authority shall be obliged to confirm the application of the application if the appellant requests it. Where an electronic document is submitted in the form of an electronic document, the body shall be obliged to confirm the application by the service of the official certificate of receipt to the electronic address indicated by the appellant.

§ 5. The official attestator of receipt of the application lodged in the form of an electronic document shall contain:

1) information on the fact that letters in the case will be served by means of electronic means of communication;

2) instructing the right to cancel delivery of the letters by means of electronic communication referred to in art. 39 ¹ § 1d.

Article 64. [ No formal applications] § 1. If no appellant address is indicated in the application and it is not possible to establish this address on the basis of the data available, the application shall be left unrecognisable.

2. If the application does not comply with the other requirements laid down by law, the appellant must be called upon to remedy the deficiencies within seven days, with the instruction that the failure to remedy those deficiencies will leave the application unrecognised.

Article 65. [ Entry to the authority of the wrong authority] § 1. If the public authority to which the application is filed is not competent in the case, it shall immediately forward it to the competent authority, notifying the appellant accordingly. The notification of the transfer should include a justification.

§ 2. The application lodged with the competent authority before the expiry of the prescribed period shall be deemed to have been brought within the time limit.

Article 66. [ Application to be handled by various authorities] § 1. Where the application concerns a number of cases to be dealt with by various authorities, the public authority to which the application is lodged shall make the subject matter of the jurisdiction of the public authority concerned. At the same time, it shall inform the appellant that, in other cases, he or she should make a separate application to the competent authority, and shall inform him of the contents of Paragraph 2.

§ 2. A separate application submitted in accordance with the notification referred to in § 1 within fourteen days from the date of notification of the notice shall be deemed to have been lodged on the date of the first application.

§ 3. If the application is lodged with the competent authority and the competent authority cannot be determined on the basis of the application in question, or where it is apparent that the competent court is competent in the case, the authority to which the application is lodged shall return it to the appellant. The application shall be repaid by the order in which it is intended to be used.

§ 4. The Authority may not, however, request that the competent court be competent in the case where the court has already declared itself inappropriate in that case.

Chapter 2

Metrics, protocols, and annotations

Art. 66a. [ Case Metrics] § 1. The case file shall be considered to be the case in written or electronic form.

§ 2. The content of a case metric shall indicate all persons who have participated in the administrative procedure and shall specify all the activities undertaken by those persons, together with the corresponding reference to the documents retained in the the written or electronic form for these activities.

§ 3. The case-based metric, together with the documents to which it refers, is a mandatory part of the case file and is updated on an ongoing basis.

§ 4. The Minister responsible for public administration shall define, by means of a regulation, the design and method of carrying out the metric, taking into account the content and the form of the metric referred to in paragraphs 1 and 2, and the obligation to update the metric as a matter of time, and that, based on the the content of the metric was possible to determine the content of the activities in administrative proceedings undertaken by individual persons.

§ 5. The Minister responsible for public administration sets out, by means of a regulation, the types of cases where the obligation to conduct a case is excluded due to the disproportionate effort of the measures required to carry out the metric in the relationship to the simple and repetitive nature of these matters.

Article 67. [ Principle of organ function logging] § 1. The public administration authority shall draw up a concise protocol from any action which is relevant to the resolution of the case, unless the task is otherwise persisted in writing.

§ 2. In particular, a Protocol shall be drawn up

(1) the adoption of the oral application lodged;

2) interrogacy of the party, witness and expert;

3) the visual inspection and expert opinion carried out with the participation of a representative of the public administration body;

4. hearing;

5) the oral announcement of decisions and provisions.

Article 68. [ Protocol Content] § 1. The protocol shall be drawn up in such a way as to result from it, who, when, where and what action, who and in what nature was present, what and how, as a result of these acts, have been established and the comments made by the present persons.

§ 2. The protocol shall be read to all persons present, taking part in the official operation, which should then sign the protocol. Refusal or absence of signature of any person shall be discussed in the protocol.

Article 69. [ Hearing Minutes] § 1. The interrogation protocol should be read and submitted to the signature of the person testifying immediately after the testimony has been filed.

§ 2. In the minutes of the interrogation of the person who submitted the testimony in a foreign language, the translation of the testimony must be given in the translation into Polish, and the person and address of the translator who made the translation should be indicated; the interpreter should sign the protocol. hearings.

Article 70. [ Inclusion of written testimony] The public administration may allow the written testimony, signed by the testimonies, and other documents relevant to the case to be added to the minutes.

Article 71. [ Deletion and amendments] The removal and correction of the protocol should be made so that the words deleted and corrected are clearly legible. The deletion and amendments should be recorded in the minutes prior to signature.

Article 72. [ Annotation] § 1. Acts of the public administration which do not form a protocol and which are relevant to the case or to the course of the proceedings shall be persisted in the acts in the form of an annotation signed by the staff member who carried out those acts.

§ 2. Annotation can be made in the form of an electronic document.

Chapter 3

Provision of records

Article 73. [ Making available to parties to the file] § 1. The party shall have the right to inspect the case file, to draw up notes, copies or copies thereof. This right shall also apply after the end of the proceedings.

§ 1a. The activities referred to in § 1 shall be carried out at the premises of the public administration in the presence of the employee of that authority.

§ 2. The Party may require the authentication of copies or copies of a case file or a copy of the case file from the case file of certified copies, where this is justified by an important interest of the party.

§ 3. The public administration may provide the party with the activities referred to in § 1, in its ICT system, once the party has been identified in the manner prescribed in Article 1. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities.

Article 74. [ Secrets of data protection] § 1. Article Article 73 shall not apply to the file containing classified information classified as 'secret' or 'top secret', as well as to any other act which the public authority has excluded on account of an important state interest.

§ 2. The refusal to allow the party to review the case file, to draw up notes, copies and copies thereof, to authenticate such copies and copies or to issue certified copies shall be made by means of the order for which the complaint is intended.

Chapter 4

Evidence

Article 75. [ Measures of evidence] § 1. Anything that can contribute to the clarification of the case should be allowed as evidence, and it is not against the law. In particular, documents, witness statements, expert opinions, and visual inspection may be evidence.

§ 2. If the rule of law does not require official confirmation of specific facts or legal status by means of attestations of the competent administration, the public administration authority receives from the party, at its request, a statement made under the rigorous the responsibility for the false testimony. Article Recipe 83 § 3 shall apply mutatis mutandis.

Article 76. [ Evidence of official documents] § 1. The official documents drawn up in the form prescribed by that authority to that effect shall constitute evidence of what has been officially recorded in them.

§ 2. The provision of § 1 shall apply mutatis mutandis to official documents drawn up by the bodies of agencies or bodies, to the extent of the law or the agreements referred to in Article 1. 1 points 1 and 4.

§ 3. The provisions of paragraphs 1 and 2 shall not exclude the possibility of proof against the content of the documents referred to in those provisions.

Article 76a. [ Submission of a copy or an exodus from a document in the file of the public administration] § 1. If the document is contained in the acts of the body or body referred to in Article 76 § 1 or 2, it shall be sufficient to provide an officially certified copy or extract from the document by that authority or body. The public administration authority shall request a write-off or an exodus if the party cannot obtain it. When the authority deems it necessary to review the original document, it may request delivery.

§ 2. Instead of the original of the document, a party may file a copy of the document if its conformity with the original has been certified by a notary or by the acting attorney of a party who is a lawyer, legal counsel, patent spokesperson or tax consultant.

§ 2a. Where a copy of the document has been drawn up in the form of an electronic document, the certificate of conformity with the original referred to in paragraph 2 shall be carried out using the mechanisms referred to in Article 2. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities. Copies of the documents certified electronically shall be drawn up in the data formats specified in the provisions adopted on the basis of the Article. 18 (1) of that Law.

§ 3. The attestation of conformity with the original by the applicant party who is a lawyer, legal adviser, patent spokesperson or tax adviser, contained in the document, shall be of an official document.

§ 4. Where justified by the circumstances of the case, the public authority shall request a copy of the document referred to in paragraph 2 to submit the original of that document from the party submitting the document.

Article 77. [ Conducting evidence proceedings] § 1. The public administration body shall be obliged to collect and examine all evidence in an exhaustive manner.

The Authority may, at any stage of the procedure, amend, supplement or repeal its order in respect of the taking of evidence.

§ 3. The authority conducting the proceedings on the request of the competent authority to deal with the case (Art. (52) may, at the request of the party or at the request of the party, also hear new witnesses and experts on the circumstances which are the subject of the proceedings.

§ 4. The facts commonly known and the facts known to the authority ex officiate do not require proof. The facts known to the Authority are to be communicated to the party.

Article 78. [ Proof of page request] § 1. The party's request for proof must be taken into account if the object of the evidence is of relevance to the case.

§ 2. The public authority may not take into account the request (§ 1) which has not been notified in the course of the taking of evidence or at the time of the hearing, if the request relates to the circumstances already established by other evidence, unless they are of relevance for the case.

Article 79. [ Informing the parties with evidence of evidence] § 1. The site shall be notified of the place and date of the proof from witnesses, experts or visual inspection at least seven days before the date of the deadline.

§ 2. The party shall have the right to take part in carrying out the evidence, may ask questions to witnesses, experts and parties, and provide explanations.

Article 80. [ Assessment of evidence] The public administration body shall assess, on the basis of the evidence as a whole, whether the circumstance has been proven.

Article 81. [ Recognition of the factual situation as proved] A factual circumstance may be deemed to have been proven if the party has had the opportunity to comment on the evidence which has been carried out, unless the circumstances referred to in Article 4 have been observed. 10 § 2.

Article 82. [ People who cannot be witnesses] Witnesses shall not be:

1) persons unable to observant or communicate their observations;

2) persons obliged to keep secret of classified information on the circumstances covered by the secrecy, if they have not been in accordance with the prescribed provisions exempted from the obligation to preserve this secret;

3) the clergy as to the facts covered by the secret of confession.

Article 83. [ Right to refuse to testify or answer questions] § 1. No one shall have the right to refuse to testify as a witness, with the exception of the spouse of the party, preliminary, descendants and siblings of the party and its first degree of duty, as well as the persons remaining with the party in relation to the adoption, care or Kurateli. The right to refuse testimonies is also underway after marriage, adoption, care or guardianship.

§ 2. The witness may refuse to answer questions when the answer could expose his or her loved ones listed in § 1 to criminal liability, disgrace or direct damage to property or to cause a breach of the obligation to conduct a legally protected professional secrecy.

§ 3. Before receiving the testimony, the public administration authority shall warn the witness of the right to refuse to testify and to answer questions and to take responsibility for false statements.

Article 84. [ Opinion of the expert] § 1. Where special messages are required in the case, the public authority may ask the expert or expert to give an opinion.

§ 2. The expert shall be exempted on the basis of the rules and in accordance with the procedure laid down in Art. (24) Furthermore, the provisions relating to the hearing of witnesses shall apply to experts.

Article 85. [ Oględzin] § 1. The public administration may, if necessary, carry out a visual inspection.

§ 2. If the subject of the visual inspection is located in third parties, those persons shall be obliged to request the authority to show the object of the visual inspection.

Article 86. [ Hearing of the site] If, after the evidence has been exhausted or because of the absence of any remaining unexplained facts relevant to the resolution of the case, the public administration authority may question the party for their clarification. Provisions relating to witnesses shall be applied to the hearing of the parties, except for the provisions on coercive measures.

Article 87. [ Request for evidence to be carried out] The collegial authority competent to make a decision on the matter may order the taking of evidence or parts of it to one of its members or employees if the special provisions do not oppose it.

Article 88. [ Measures of coercion] § 1. Who, being obliged to appear personally (art. (51) In spite of the correct call, he has not appeared without reasonable cause as a witness or expert, or has unreasonably refused to give evidence, to give an opinion, to show the object of inspection or to take part in another official activity, may be punished by the the body carrying out the proof of the fine up to 50 zł, and in case of failure to apply for the summons-a fine of up to 200 PLN. In order to punish the fine, it serves a grievance.

§ 2. The body, which has imposed the fine, may at the request of a punished, filed within seven days from the date of receipt of the notice of punishment, consider to be an justified absence or refusal to give evidence, to issue an opinion or to show the object of visual inspection and Exemption from the fine. The denial of the sentence from the penalty serves a complaint.

§ 3. The fine shall not preclude the application of the coercive measures provided for in specific provisions to an expert witness.

Art. 88a. [ Disciplinary responsibility of soldiers] In case of misconduct by a soldier in active military service, the duties referred to in art. 88 § 1, the body carrying out the proof, instead of measuring the soldier's fine, occurs to the commander of the military unit in which the soldier is serving the full service, with the request to hold him to disciplinary responsibility.

Chapter 5

Hearing

Article 89. [ Conditions for the conduct of the hearing] § 1. The public authority shall, on its own motion or at the request of the party, carry out a hearing in each case where it ensures an acceleration or simplification of the procedure or where the provision of the law so requires.

§ 2. The body should carry out a hearing where there is a need to agree on the interests of the parties and where it is necessary to clarify the matter with the participation of witnesses or experts or by means of a visual inspection.

Article 90. [ Preparation of the hearing] § 1. The public authority shall take the necessary steps to carry out its conduct before the hearing.

§ 2. In particular, the Authority shall invite:

1) the parties to submit before hearing explanations, documents and other evidence and to appear on trial in person or by representatives or proxies;

2) witnesses and experts to appear for the trial.

§ 3. In addition, the Authority shall notify the State and local authorities of the organisational units, social organisations and other persons concerned if their participation in the hearing is justified on the basis of its subject matter. In this case, the authority shall invite them to take part in the hearing or to make a statement and evidence before the hearing to support it.

Article 91. [ Call for a hearing] § 1. The call for the hearing shall specify the term, place and object of the hearing.

§ 2. The parties, witnesses, experts and the public and local authorities of the organisation, organisations and other persons, called for participation in the hearing, shall be served with a letter of invitation in writing or in the form of an electronic document.

§ 3. If there is a likelihood that, in addition to the parties involved in the proceedings, there may still be other parties, unknown to the public authorities, the time limit should be set, the place and subject of the hearing, on the other hand, notice or customarily adopted in a given locality.

Article 92. [ Term of the hearing] The time limit for the hearing should be such that the notification of the summations and the announcement of the hearing occurred at least seven days before the hearing.

Article 93. [ Routing routing] The hearing shall be directed by a staff member of the public administration before which the proceedings are being held. When proceedings are pending before a collegiate body, the hearing shall be addressed by the chairman or appointed member of the collegiate body.

Article 94. [ Untenance of the parties at the hearing] § 1. The absence of duly summoned parties at the hearing shall not prevent the hearing from being carried out.

§ 2. The driver shall postpone the hearing if he finds serious irregularities in the party's call for a hearing, if the party's failure has been caused by an obstacle which is difficult to overcome, and for another important cause.

Article 95. [ Actions at the hearing] § 1. At the hearing, the parties may provide explanations, submit requests, proposals and allegations, and provide evidence of their support. In addition, the parties may comment on the results of the evidence.

§ 2. The driving trial may waive the questions asked by the witnesses, the experts and the parties to the question, if they are not relevant to the matter. However, at the request of the party, the content of the annulled question should be included in the minutes.

Article 96. [ Order at the hearing] For improper conduct at the time of the hearing, witnesses, experts and other persons participating in the hearing may, after warning, be expelled from the place of the trial by the head of the hearing and fined up to 100 PLN. In order to punish the fine, it serves a grievance.

Chapter 6

Suspension of proceedings

Article 97. [ Mandatory suspension of proceedings] § 1. The public administration body shall suspend the proceedings:

1) in the event of death of the party or one of the parties, if the call of the heirs of the deceased party to participate in the proceedings is not possible and does not take the circumstances referred to in art. § 30 § 5, and the proceedings are not subject to remission as a non-object (Art. 105);

2) in the event of death of the statutory representative of the party;

3) in the event of loss by the party or by its statutory representative of the capacity for legal action;

4) when consideration of the case and the issue of a decision depends on the prior settlement of the preliminary issue by another body or court.

§ 2. When the reasons justifying the suspension of proceedings have been resolved, the public administration authority shall take the proceedings either at the request of the party or on request.

Article 98. [ Optional suspension of proceedings] § 1. The public authority may stay the proceedings if a party on whose request the proceedings have been initiated and does not oppose the other parties, and does not jeopardise that social interest.

(2) If, within a period of three years from the date of suspension of the proceedings, no party has asked to be taken, the request to initiate the procedure shall be deemed to have been withdrawn.

Article 99. [ Deletion of obstacle to proceedings] Department of public administration, which for the reason referred to in art. 97 § 1 points 1-3 suspended the procedure initiated from the office, shall at the same time make the necessary steps to remove the obstacle to the further conduct of the proceedings. The same would be the case in the event of suspension for the same cause of proceedings initiated at the request of the party, if the social interest is in the process of taking the case.

Article 100. [ Preliminary issue] § 1. Public administration authority, which has suspended the proceedings for the reason referred to in art. 97 § 1 point 4, shall at the same time occur to the competent authority or the court to determine the preliminary issue, or shall invite the party to request it within a specified time limit, unless the party demonstrates that he has already requested the competent authority or court in that case.

§ 2. If the suspension of the proceedings for the reason referred to in the Article 97 § 1 point 4 could cause danger to human life or health, or serious harm to the social interest, the public administration will settle the matter by resolving the preliminary issue in its own right.

§ 3. Article 2 (2) shall also apply where the party, despite the summings (§ 1), has not applied for a preliminary issue or where the suspension of the proceedings would cause unrestrained damage to the party. In the latter case, the authority may make the matter subject to the provision of the appropriate security by the party.

Article 101. [ Notice of suspension of proceedings] § 1. The decision to suspend or to take the proceedings shall be notified by the public authority.

§ 2. In case of suspension of proceedings at the request of a party or one of the parties (Art. 98 § 1) the body shall instruce them on the content of the provision of art. 98 § 2.

§ 3. The decision to suspend proceedings or to refuse to take a suspended proceedings shall serve the party to the complaint.

Article 102. [ Actions needed by the Authority] During the suspension of proceedings, the public administration may take the necessary measures to prevent danger to human life or health or to serious damage to the social interest.

Article 103. [ Hold of time limits] The suspension of proceedings shall hold the time limits provided for in the Code.

Chapter 7

Decisions

Article 104. [ Administrative decision] § 1. The public administration authority shall make the case by issuing a decision, unless the provisions of the Code provide otherwise.

§ 2. Decisions shall determine the matter as to its substance in whole or in part or otherwise terminate the matter in a given instance.

Article 105. [ Closure of proceedings] § 1. Where the proceedings for any reason have become wholly or partially concerned, the public administration authority shall issue a decision to discontinue the proceedings in whole or in part respectively.

§ 2. The body of public administration may cancel the proceedings if it occurs to the party at whose request the proceedings have been initiated and do not oppose the other parties and where this is not contrary to the social interest.

Article 106. [ Occupation by other authority] § 1. Where a rule of law makes the issue of a decision conditional on another body to take a position (opinions or consent or an expression of a position in another form), the decision shall be taken after the authority has taken up its position.

§ 2. The governing body shall inform the other authority of the position of the matter.

§ 3. The requested authority shall be obliged to present it without delay, but not later than two weeks from the date of service of the request, unless the law provides for a different period.

§ 4. The authority that is required to take a position may, if necessary, carry out an investigation.

§ 5. The appointment by that authority shall take place by means of the provisions on which the complaint is served.

§ 6. In the event of failure to take a position within the period specified in § 3, the provisions of Article 3 shall apply mutatis mutandis 36-38.

Article 107. [ Decision Elements] § 1. The decision should contain: the designation of the public administration body, the date of issue, the designation of the party or parties, the establishment of the legal basis, the decision, the factual and legal justification, the instructing, whether and in what mode the appeal is used, the signature with the name and official position of the person authorised to issue the decision, or, if the decision was made in the form of an electronic document, should bear a secure electronic signature verified by means of a valid qualified certificate. A decision in respect of which an action may be brought before a general court or an application to an administrative court shall, moreover, include an instruction on the admissibility of bringing an action or a complaint.

§ 2. Special provisions may also specify other ingredients which should contain a decision.

§ 3. The reasons for the factual decision should, in particular, include an indication of the facts which the authority found to be proven, the evidence on which it was based, and the reasons why the other evidence refused the reliability and the probative power, and the reasons for the evidence legal basis-clarification of the legal basis of the decision, with the application of the law.

§ 4. The reasons for the decision may be waiving when the request is taken into account in its entirety; however, this shall not apply to decisions disposing of the parties ' contentious interests and the decisions taken as a result of the appeal.

§ 5. The Authority may depart from the reasons for the decision also in cases where the existing laws have resulted in the possibility of omission or restriction of reasons on the grounds of the interest of the security of the State or of the public order.

Article 108. [ Immediate enforceability of the decision] § 1. The decision to be appealed may be given immediate enforceability when necessary for the protection of health or human life, or for the protection of the national holding against heavy losses, or for reasons of protection of the nature of the life of the person concerned. other social interest or an exceptionally important interest of the party. In the latter case, the public authority may, by way of order, require the party to secure the appropriate security.

§ 2. The rigor immediately enforceability may be given to the decision also after its release. In this case, the authority shall issue the order on which the complaint is served.

Article 109. [ Notification of the decision] § 1. The decision shall be served on the parties in writing or by means of electronic means of communication.

§ 2. In the cases referred to in Article 14 § 2 the decision may be made by the parties orally.

Article 110. [ The binding of the authority by decision] The public authority which has adopted the decision shall be bound by it from the moment of its service or notice, unless the code provides otherwise.

Article 111. [ Addendum and corrigendum to the Decision] § 1. The party may, within fourteen days from the date of service or the announcement of the decision, request the decision to make a decision on the decision or on the right of appeal brought against the decision of the general court or of the action before the court or tribunal of the European Union. the administrative or rectification of the decision on these matters.

§ 1a. The public authority which has adopted the decision may supplement it or rectify it from its own motion within the scope referred to in paragraph 1 within fourteen days from the date of service or the announcement of the decision.

§ 1b. The addition or refusal to supplement the decision shall be made in the form of a provision

§ 2. In the event of a provision as referred to in § 1b, the time limit for the party to bring an appeal, action or complaint shall run from the date of its service or notice.

Article 112. [ Erroneous Instruction in Decision] The erroneous instruction in a decision on the right of appeal or of bringing an action before a general court or a complaint to an administrative court cannot harm the party which applied to that instruction.

Article 113. [ Correction of obvious mistakes] § 1. The public authority may, on its own initiative or at the request of the party, make a reasoned decision by way of a provision of written and accounting errors and other obvious errors in the decisions adopted by that authority.

§ 2. The body which issued the decision shall explain by way of order at the request of the enforcement authority or the party doubts as to the content of the decision.

§ 3. It is for the purpose of rectification and clarification to be a complaint.

Chapter 8

Settlement

Article 114. [ Ugoda Acceptability] In the case in which proceedings before a public authority are pending, the parties may conclude a settlement-if it speaks for the nature of the case, this will contribute to simplifying or accelerating the procedure and does not oppose this provision. rights.

Article 115. [ Deadline for settlement] The settlement may be concluded before the public administration body before which the proceedings in the first instance or appeal proceedings are pending, pending the decision of the body of the decision in the case.

Article 116. [ Intent to conclude a settlement] § 1. The public administration shall postpone the adoption of the decision and set out the time limit for the settlement of the decision if they make a compatible declaration of intention to conclude it.

§ 2. In the case of a notification by one of the parties of the withdrawal of an agreement or failure by the parties to reach a deadline set out in accordance with paragraph 1, the public authority shall make the case by decision.

Article 117. [ Form of a settlement] § 1. The settlement shall be made in writing. It shall contain: the designation of the body before which it was concluded, the date of preparation, the names of the parties, the subject matter and the content of the agreement, the reference to its reading and acceptance, the signatures of the parties and the signature of the staff member of the public administration, authorised to make a settlement.

§ 2. The body of public administration is perpetuating the fact of concluding a settlement in the case file, in the form of a protocol signed by a person authorised to draw up a settlement.

Article 118. [ Approval of settlement] § 1. The settlement requires approval by the public administration body before which it was concluded.

§ 2. If the settlement concerns issues the settlement of which requires a position to be taken by another body, the provision of art shall apply mutatis mutandis. 106.

§ 3. The public administration authority shall refuse to approve a settlement concluded in breach of the law, which does not take into account the position of the authority referred to in paragraph 2, or which infringes the social interest or the legitimate interest of the parties.

Article 119. [ The arrangements for the settlement of the settlement] § 1. The approval or refusal to approve the settlement shall be made by means of the order for which the complaint is intended; the order in this case should be issued within seven days of the date of the settlement.

§ 2. Where a settlement has been concluded during the appeal proceedings, the decision of the authority of the first instance shall be repealed with the date on which the final decision approving the plea is made, as indicated in that provision.

§ 3. Together with the order approving the settlement, the parties shall be served with a copy of the settlement.

Article 120. [ Feasibility of the settlement] § 1. The settlement shall become enforceable on the date on which the order for its approval has become final.

§ 2. The public administration body, before which the settlement is concluded, confirms its enforceability on a copy of the settlement.

Article 121. [ Consequences of the settlement] The approved settlement exerts the same effect as the decision issued in the course of the administrative procedure.

Article 122. [ Application of Decision provisions] In matters not covered by this Chapter to a settlement and the provisions on its approval or refusal of approval, the provisions concerning the decision shall apply accordingly.

Chapter 9

Provisions

Article 123. [ Issuance of provisions] § 1. In the course of the proceedings, the public authority shall issue provisions.

§ 2. The provisions concern individual matters arising in the course of the proceedings, but they do not determine the substance of the case, unless the provisions of the Code provide otherwise.

Article 124. [ Provisions Elements] § 1. The order should contain: the designation of the public authority, the date of its issue, the designation of the party or the parties or other persons involved in the proceedings, the establishment of a legal basis, the determination, the instruction, whether and in what mode it is intended to cause a complaint or complaint to the administrative court and the signature, stating the name and official position of the person empowered to issue it, or, if the order has been issued in the form of an electronic document, be accompanied by a secure electronic signature verified by means of an important qualified certificate.

§ 2. The order should contain factual and legal justification if it serves to complaint or complaint to the administrative court, and where it has been issued as a result of a complaint to the order.

Article 125. [ Serving provisions] § 1. The provisions by which the parties to the complaint or the application to the administrative court shall serve the parties shall be served in writing or by means of electronic communication.

§ 2. In the cases referred to in Article 14 § 2 of the provisions may be published orally.

§ 3. The order which may be appealed to the administrative court shall be served on the party together with the applicant's instructions on the admissibility of the action and the factual and legal grounds.

Article 126. [ Relevant application of the provisions] The provisions of the Rules shall apply mutatis mutandis. 105, art. 107 § 2-5 and art. 109-113, and to the provisions on which the complaint is entitled, and to the provisions laid down in the Article. 134-also Art. 145-152 and art. 156-159, with the fact that instead of the decision referred to in art. 151 § 1 and art. 158 § 1, the order seems to be.

Chapter 10

References

Article 127. [ Appeal and request for reconsideration of the case] § 1. The decision issued in the first instance serves a reference to only one instance of the page.

§ 2. The competent authority to consider the appeal is a higher degree of public administration, unless the Act provides for a different review body.

§ 3. The decision issued in the first instance by the Minister or the local authorities of the Board of Appeal shall not serve to appeal, but the party which is not satisfied with the decision may request that authority to reconsider the matter; it shall apply it to the Commission. the provisions on appeals against decisions are respectively.

§ 4. (repealed).

Article 128. [ Reference requirements] The appeal does not require detailed justification. It is sufficient, if it is apparent from the appeal, that the party is not satisfied with the decision. Specific provisions may lay down other requirements as to the content of the appeal.

Article 129. [ Contribution of the appeal] § 1. The appeal shall be lodged with the competent appeal body, through the authority which issued the decision.

§ 2. The appeal shall be lodged within fourteen days from the date of service of the decision of the party, and when the decision has been announced orally, from the day of its announcement of the party.

§ 3. Specific provisions may provide for other time limits to be appealed.

Article 130. [ Hold decision execution] § 1. No decision shall be taken before the expiry of the time limit for the appeal.

(2) Article 2 (2) (c) of the Council of the European Council

§ 3. The provisions of paragraphs 1 and 2 shall not apply in cases where:

1) the decision was given to the rigor immediately enforceability (Art. 108);

2) the decision is subject to immediate execution by virtue of the Act.

§ 4. In addition, the decision shall be executed before the expiry of the time limit for the lodging of the appeal, when it is consistent with the request

Article 131. [ Notice of cancellation] It shall inform the parties of the lodging of the appeal of the decision of the public administration which issued the decision.

Article 132. [ Self-control of the Authority] § 1. If the appeal has brought all the parties and the public authority which has made the decision, it considers that the appeal is worthy of consideration in its entirety, it may issue a new decision in which it repeals or changes the contested decision.

§ 2. Paragraph 1 shall also apply where an appeal has been lodged by one of the parties and the other parties have agreed to repeal or amend the decision in accordance with the request for appeal.

§ 3. The new decision shall serve the parties to the appeal.

Article 133. [ Submission of the appeal to the competent authority] The public authority which has adopted the decision shall send the appeal together with the file of the case to the appeal body within seven days of the date on which it received the appeal, if it did not give a new decision within that time limit to the decision. 132.

Article 134. [ Cancellation Inadmissibility] The appeal body shall state by way of order that the appeal is inadmissible and that the time limit for the appeal is set aside. The order in this case is final.

Article 135. [ Hold of immediate execution of the decision] The review body may, in justified cases, suspend immediate execution of the decision.

Article 136. [ Complementary evidence] The review body may, at the request of the party or ex officie, carry out additional proceedings to supplement the evidence and materials in the case or have the authority to carry out the proceedings before the authority which issued the decision.

Article 137. [ Withdrawal of reference] The party may withdraw the appeal before the review body has issued its decision. The appeal body shall not, however, take into account the revocation of the appeal if it would lead to the maintenance of a decision which infringes the law or the social interest.

Article 138. [ Decision of the Appeals Authority] § 1. The review body shall issue a decision in which:

(1) maintain in force the contested decision, or

2) repeals the contested decision in whole or in part and in that regard adjudicates on the merits of the case, or cancels the decision, the proceedings of the first instance, either in whole or in part, or

3) shall be terminated by the appeal proceedings.

(2) The Board of Appeal may annul the contested decision in its entirety and refer the matter to the authority of the first instance, where that decision has been given in breach of the provisions of the procedure and the scope of the case is necessary to clarify the scope of the case significant impact on its settlement. In passing the case, that authority should indicate what circumstances should be taken into account when reconsidering the case.

§ 3. (repealed).

§ 4. Where the provisions provide for a decision on an official counterpart, including by electronic means, and there are grounds for amending the contested decision, the appeal body shall revoke the decision and require the authority of the first instance to be adopted a decision with the specified content.

Article 139. [ Prohibition of a decision to the disadvantage of the appellant party] The appeal body shall not give a decision to the disadvantage of the appellant, unless the contested decision grossly violates the law or grossly violates the social interest.

Article 140. [ Relevant application of the provisions] In matters not regulated in art. 136-139 in the proceedings before the Boards of Appeal, the provisions of the proceedings before the authorities of the first instance shall apply accordingly.

Chapter 11

Regrets

Article 141. [ The complaint to the order] § 1. In the course of the proceedings, the provisions of the order shall serve the purpose of the complaint, where the code is so constituted.

2. The complaint shall be lodged within seven days from the date of service of the decision of the party, and when the order has been declared orally, from the day of its announcement.

Article 142. [ The provisions on which the complaint is not intended] An order not served by a complaint may be challenged by the party only in the appeal against the decision.

Article 143. [ Non-suspendability of grievance] The lodging of a complaint shall not suspend the performance of the order, but the public authority which has issued the order may suspend its execution when it considers it justified.

Article 144. [ Application of the provisions on appeals] In cases not covered by this Chapter, the rules on appeals shall apply to the grievings concerned.

Chapter 12

Reopening of the procedure

Article 145. [ Conditions for resumption of proceedings] § 1. A final decision shall be resumed on the final decision if:

1) the evidence, on the basis of which the facts relevant to the case were established, proved to be false;

2) the decision was issued as a result of the crime;

3) the decision was issued by the employee or public administration authority, which is exempted pursuant to Art. 24, 25 and 27;

4) the party without his own fault did not take part in the proceedings;

5. the new factual or new evidence existing at the date of the decision, unknown to the authority which issued the decision, shall be brought to light by the new facts or new evidence;

6) the decision was issued without obtaining the required right of the position of another authority;

7) a preliminary issue has been resolved by the competent authority or the court is different from the assessment adopted at the time of the decision (Art. 100 § 2);

8) the decision was given on the basis of another decision or judgment of the court, which was subsequently repealed or amended.

§ 2. For the reasons set out in paragraph 1 (1) and (2), proceedings may also be resumed before the falsification of proof or of a criminal offence has been established by a court or other authority, where the falsification of evidence or the commission of a criminal offence is obvious, and the resumption of the proceedings is necessary to avoid danger for human life or health or serious harm to the social interest.

§ 3. For the reasons set out in § 1 (1) and (2), the proceedings may also be resumed where the proceedings before a court or other body cannot be initiated as a result of the passage of time or for other reasons set out in the provisions of law.

Art. 145a. [ Request for reopening of proceedings as a result of the ruling of the Constitutional Court] § 1. A resumption of proceedings may be requested also where the Constitutional Tribunal has ruled on the incompatibility of a normative act with the Constitution, an international agreement or with the law on the basis of which the decision was issued.

§ 2. In the situation referred to in paragraph 1, the application for renewal shall be lodged within one month from the date of entry into force of the decision of the Constitutional Tribunal.

Art. 145b. [ Reopening of the proceedings in the case of a judicial decision to breach the principle of equal treatment] § 1. The resumption of proceedings may also be requested in the event that a judgment of the court of law establishing an infringement of the principle of equal treatment has been given, in accordance with the Act of 3 December 2010. to implement certain provisions of the European Union in the field of equal treatment (Dz. U. No 254, pos. (1700) if the infringement of that principle had an impact on the outcome of the case concluded by a final decision.

§ 2. In the situation referred to in paragraph 1, the application for renewal shall be lodged within one month from the date on which the decision of the court is entitled to be lodged.

Article 146. [ Impossible repeal of the decision] § 1. Repeal of the decision on the grounds referred to in Article 145 § 1 (1) and (2) shall not take place if, from the date of service or the announcement of the decision, a period of 10 years has elapsed and for the reasons set out in the Article 145 § 1 points 3-8 and in Article 145a and art. Five years have elapsed since the date of service or notice of the decision.

§ 2. The decision shall also not be deleted if, as a result of the resumption of proceedings, only a decision corresponding to the actual decision of the existing decision could be taken.

Article 147. [ Mode of reopening of proceedings] The resumption of proceedings shall take place at the request of the party. Resumption of proceedings for the reason referred to in Article 145 § 1 pt. 4 and in art. 145a and art. 145b only takes place at the request of the page.

Article 148. [ Application for reopening] § 1. Application for reopening of proceedings shall be filed with the public administration authority which issued the decision in the first instance within one month of the date on which the party learnered the circumstances giving rise to the reopening proceedings.

§ 2. The time limit for submitting an application for the resumption of proceedings for the reason referred to in Article 145 § 1 point 4 runs from the date on which the party learner of the decision.

Article 149. [ Form of reopening of proceedings] § 1. The resumption of proceedings shall be made by way of

§ 2. The determination shall be the basis for the competent authority to conduct the proceedings as to the reasons for the reopening and the resolution of the substance of the case.

§ 3. The refusal to reopen the proceedings shall be made by way of order.

§ 4. The order referred to in § 3 shall serve as a complaint.

Article 150. [ Competent authority on resumption] § 1. The public authority competent in the cases referred to in Article 149 is the authority that issued the decision in the last instance.

(2) If the cause of the resumption of proceedings is the activity of the body referred to in paragraph 1, the revision of the procedure shall be decided by the higher authority, which shall at the same time designate the competent authority in the matters referred to in Article 1. 149 § 2.

§ 3. Article 2 does not apply where the decision in the last instance has been issued by the Minister and, in respect of the functions of local government units, of the local authorities of the Boards of Appeal.

Article 151. [ Decision Edition] § 1. Public administration authority referred to in art. 150, following the procedure laid down in Article 4 (1). Article 149 (2) gives a decision in which:

1) refuses to repeal the existing decision when it finds that there are no grounds for its repeal on the basis of art. 145 § 1, art. 145a or art. 145b, or

2) repeals the decision so far as it determines the existence of the grounds for its repeal on the basis of art. 145 § 1, art. 145a or art. 145b, and issue a new decision on the substance of the matter.

§ 2. Where, as a result of the resumption of proceedings, a decision cannot be waived as a result of the circumstances referred to in Article 146, the public authority is limited to finding that the contested decision was adopted in breach of the law and that the circumstances for which it had not annulled the decision were annulled.

Article 152. [ Hold decision execution] § 1. The public authority responsible for the resumption of proceedings shall, on its own motion or on request, make a decision if the circumstances of the case indicate the likelihood of the decision being annulled as a result of the resumption of the procedure.

§ 2. The decision on the suspension of execution of the decision shall serve the purpose of the complaint, unless the order has been issued by the Minister or the Self-Government Board of Appeal.

Article 153. (repealed).

Chapter 13

Repeal, amendment and annulment of the decision

Article 154. [ Repeal or amendment of the decision by which the party has not acquired the law] § 1. A final decision, by virtue of which no party has acquired the right, may at any time be repealed or amended by the public administration which issued it, if it speaks for that social interest or the legitimate interest of the party.

§ 2. In the cases referred to in paragraph 1, the competent authority shall give a decision on the repeal or amendment of the decision so far.

§ 3. (repealed).

Article 155. [ Repeal or amendment of the decision with the consent of the party] The final decision, under which the party has acquired the right, may at any time be with the consent of the party repealed or amended by the public administration authority which issued it, if the special provisions do not oppose the repeal or change of such the decision and speaks for that social interest or the legitimate interest of the party; the provision of art. 154 § 2 shall apply mutatis mutandis.

Article 156. [ Annulment of the decision] § 1. The public administration authority shall declare the decision not to be valid which:

1) has been issued in violation of the provisions on jurisdiction;

2) has been issued without a legal basis or a blatant violation of the law;

3. refers to a case already settled by another final decision;

4) has been referred to a person not party to the case;

5) was unenforceable on the day of its issue and its impracticability is of a lasting nature;

6. in the event of its execution, would cause an act under threat of punishment;

7) contains a defect which causes it to be invalid under the law.

§ 2. [ 2] The decision shall not be annulled for the reasons set out in points (1), (3), (4) and (7) of Paragraph 1 if, on the date of its notification or notification, a period of 10 years has elapsed and when the decision has caused irreparable legal effects.

Article 157. [ Competent Authority for annulment] § 1. For the purposes of annulment of a decision in the cases referred to in Article 156 is a higher level body, and when the decision was issued by the Minister or the local government's Board of Appeal-this body.

§ 2. The procedure for annulment of a decision shall be initiated at the request of the party or of its own motion.

§ 3. (repealed).

Article 158. [ Annulling Decision] § 1. The decision on the annulment of the decision shall be made by decision.

§ 2. If the decision cannot be annuled as a result of the circumstances referred to in art. 156 § 2, the public authority is limited to finding the adoption of the contested decision in breach of the law and to indicate the circumstances for which it has not annulled the decision.

Article 159. [ Hold decision execution] § 1. The public administration authority competent for the annulment of a decision shall, if there is a likelihood that it is affected by one of the shortcomings referred to in Article, be held by the public authority or at the request of the party to decide whether it is affected by the decision. 156 § 1.

§ 2. In order to suspend the execution of the decision, the complaint shall serve the purpose of the complaint.

Article 160. (repealed).

Article 161. [ Repeal or amendment of a decision threatening the life or health, national economy or interest of the State] § 1. The Minister may repeal or amend, to the extent necessary, any final decision if, in any other way, the state of life or human health cannot be removed or is prevented from serious damage to the national economy or to important interests. States.

§ 2. The powers referred to in § 1 in relation to decisions issued by the bodies of local government units in matters belonging to tasks within the scope of government administration shall also be entitled to the wojewoda.

§ 3. A party which has suffered damage as a result of the repeal or amendment of a decision shall serve a claim for compensation for the actual damage suffered from the authority which has failed or amended that decision; it shall, by decision, also give a decision on compensation.

§ 4. A claim for damages shall expire on the expiry of a period of three years from the date on which the decision has become final and the decision amending or amending the decision has become final.

§ 5. (repealed).

Article 162. [ Termination of decision] § 1. The public administration authority which issued the decision at first instance shall determine the expiry of the decision if the decision:

(1) it has become objectionless and the revocation of such a decision requires a provision of the law, or where it is in the interest of the community or in the interest of the party;

2) was issued subject to completion by the party of the specified condition, and the party did not complete this condition.

§ 2. The public administration body referred to in paragraph 1 shall have the decision, if it has been issued subject to the completion of certain tasks, and the party has not completed those activities within the prescribed time limit.

§ 3. The Authority shall determine the expiry of the decision or repeal the decision pursuant to paragraphs 1 and 2 by decision.

Article 163. [ Specific cases of repeal or amendment of the decision] The public administration may waive or amend the decision by which the party has acquired the right, including in other cases and under other rules than those laid down in this Chapter, provided that special provisions are provided for.

SECTION III

Special provisions on social security matters

Article 164. (repealed).

Article 165. (repealed).

Article 166. (repealed).

Article 167. (repealed).

Article 168. (repealed).

Article 169. (repealed).

Article 170. (repealed).

Article 171. (repealed).

Article 172. (repealed).

Article 173. (repealed).

Article 174. (repealed).

Article 175. (repealed).

Article 176. (repealed).

Article 177. (repealed).

Article 178. (repealed).

Article 179. (repealed).

Article 180. [ Proceedings on social security matters] § 1. In the field of social security, the provisions of the Code shall apply, unless the provisions on insurance lay down different rules for dealing with those matters.

§ 2. In social security matters, matters arising from social insurance rules, pension and maintenance services, maintenance fund, and other benefits paid out of the social security funds.

Article 181. [ Appeals bodies competent in social security matters] The appeal bodies competent in social security matters shall lay down separate provisions; the provisions of Article 4 (1) shall apply mutatis mutandis to proceedings before those authorities. § 1.

SECTION IV

Prosecutor's participation

Article 182. [ Initiation of proceedings by the prosecutor] The prosecutor shall be entitled to request the competent authority of the public administration to initiate proceedings in order to remove the unlawful state.

Article 183. [ The right to participate in any stage of the procedure] § 1. The prosecutor shall serve the right to participate in any stage of the proceedings in order to ensure that the proceedings and the settlement of the case are lawful.

§ 2. The public authority shall inform the public prosecutor of the initiation of the proceedings and of the proceedings in each case where it considers that the prosecutor's participation in the proceedings is necessary.

Article 184. [ The right to object to the final decision] § 1. The prosecutor shall be entitled to object to the final decision if the provisions of the Code or special provisions provide for the resumption of the procedure, the annulment of the decision or the repeal of the decision or amendment.

§ 2. The procurator shall object to the authority responsible for the resumption of proceedings, the annulment of the decision, or its repeal or amendment.

§ 3. Opposition from the decision issued by the Minister shall be provided by the Prosecutor General.

§ 4. If the opposition is based on a breach of the Article. 145 § 1 point 4 requires the consent of the party to object.

Article 185. [ Prosecutor's Objection] § 1. The procurator's objection should be dealt with and settled within thirty days of the date of his transfer.

§ 2. In the event of a failure to object within the period laid down in paragraph 1, the provisions of the Article shall apply. 36-38.

Article 186. [ Consequences of opposition] In the event of opposition by the procurator, the competent public authority shall initiate the procedure by notifying the parties concerned.

Article 187. [ Hold decision execution] Where the public prosecutor's objection has been lodged by the public prosecutor, it shall immediately be required to examine whether there is a need to suspend the execution of the decision until the opposition is made.

Article 188. [ Attorney's powers] The prosecutor who shall take part in the proceedings in the cases referred to in the Article. 182-184, serving the right of the party.

Article 189. [ Impossibility to object] The prosecutor, who has lodged a complaint against the decision of the public administration authority in the administrative court, cannot, for the same reasons, object to the application.

CHAPTER V

(repealed)

Article 190. (repealed).

Article 191. (repealed).

Article 192. (repealed).

Article 193. (repealed).

Article 194. (repealed).

Article 195. (repealed).

CHAPTER VI

(repealed)

Article 196. (repealed).

Article 197. (repealed).

Article 198. (repealed).

Article 199. (repealed).

Article 200. (repealed).

Article 201. (repealed).

Article 202. (repealed).

Article 203. (repealed).

Article 204. (repealed).

Article 205. (repealed).

Article 206. (repealed).

Article 207. (repealed).

Article 208. (repealed).

Article 209. (repealed).

Article 210. (repealed).

Article 211. (repealed).

Article 212. (repealed).

Article 213. (repealed).

Article 214. (repealed).

Article 215. (repealed).

Article 216. (repealed).

Art. 216a. (repealed).

Article 216b. (repealed).

CHAPTER VII

Issuing of certificates

Article 217. [ Requesting certificate] § 1. The public administration authority shall issue a certificate attestation to the applicant's request.

§ 2. The certificate shall be issued if:

1) the official confirmation of specific facts or the legal state requires a provision of law;

2. a person applies for a certificate due to his legal interest in an official confirmation of certain facts or legal status.

§ 3. The certificate should be issued without undue delay, but not later than within seven days.

§ 4. The certificate shall be issued in the form of an electronic document, bearing a secure electronic signature verified by a valid qualified certificate, if the applicant so requests.

Article 218. [ Obligation to issue a certificate] § 1. In the cases referred to in art. Section 2, point 2, of the public administration is obliged to issue a certificate when it comes to the confirmation of the facts or the legal status arising from the records, registers or other data held by it. possession.

§ 2. The body of public administration, prior to the issue of the certificate, may carry out the investigation procedure in the necessary scope.

Article 219. [ Refusal to Release the Certificate] The refusal or attestation of the content requested by the applicant shall be refused by the order to which the complaint is made.

Article 220. [ Restriction of the right to request a certificate or statement] § 1. A public administration may not require a certificate or a statement to confirm the facts or the legal status, if:

1. they are known to the authority ex officie;

2) may be determined by the Authority on the basis of:

(a) his records, records or other data,

(b) public registers held by other public entities to which the authority has access by electronic means under the rules laid down in the provisions of the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks,

(c) exchange of information with another public body under the rules laid down in the rules on computerisation of the activities of entities implementing public tasks,

(d) submitted by the person concerned for inspection of official documents (identity card, registration evidence and other evidence).

§ 2. The public authority requesting the party or any other participant in the proceedings or a statement to confirm the facts or the legal status shall be required to indicate the law requiring official confirmation of those facts or legal status by means of a certificate or a statement.

§ 3. If the party or other participant of the proceedings cannot obtain in the form of an electronic document the certificate required to confirm the facts or the legal status or other document issued by a public entity within the meaning of the Act of 17 February 2005 o computerisation of the activities of entities carrying out public tasks, as well as confirmation of payment of fees and costs of the proceedings, the party or other participant of the proceedings may submit an electronic copy of such document, after authenticating it by the appellant, using the mechanisms referred to in Article. 20a par. 1 or 2 of the Act of 17 February 2005. o computerisation of the activities of public entities.

§ 4. The public administration may require the submission of the original certificate, other document or confirmation of payment of the fees and costs of the proceedings referred to in paragraph 3, provided that the copy does not allow the authenticity of the certificate to be verified and integrity, or if justified by other circumstances of the case.

§ 5. The party or other participant in the proceedings shall keep the certificate, the other document or the confirmation of the payment of the fees and the costs of the proceedings referred to in § 3, until the date on which the decision ending the proceedings became final.

CHAPTER VIII

Complaints and applications

Chapter 1

General provisions

Article 221. [ The right to lodge complaints and applications] § 1. Guaranteed each in the Constitution of the Republic of Poland the right to lodge complaints and requests to state bodies, bodies of local government units, local authorities of organizational units, and to organizations and institutions social services are carried out in accordance with the provisions of this chapter.

§ 2. The complaints and applications may be submitted to the organization and social institutions in connection with their tasks outsourced from the scope of public administration.

§ 3. Complaints and applications may be made in the public interest, own or other person with the consent of the person concerned.

Article 222. [ Distinction of complaints and claims] Whether the letter is a complaint or a request, it shall decide the content of the letter and not its external form.

Article 223. [ Competent authorities on complaints and applications] § 1. The public authorities, local authorities and other local authorities and bodies of the social organisations shall consider and arrange for complaints and applications within their jurisdiction.

§ 2. Employee of the state body, self-government worker and the body of the social organization, guilty of improper and untimely handling of complaints and applications, shall be subject to ordinal or disciplinary responsibility or other liability as provided for in the law.

Article 224. [ State Authorities] Whenever the provisions of this chapter are referred to state bodies, it is also understood by the authorities of state enterprises and other state organisational units.

Article 225. [ Prohibition of discrimination on grounds of lodging a complaint or request] § 1. No one shall be exposed to any prejudice or allegation due to the filing of a complaint or application or because of the provision of material for publication on the marks of a complaint or of an application if it has acted within the limits of the law.

§ 2. State bodies, bodies of local government units and other self-government bodies and bodies of social organisations are required to counteract the inhibition of criticism and other actions limiting the right to lodge complaints and requests, or the provision of information-for publication-of the characteristics of the complaint or of the request.

Article 226. [ Delegation] The Council of Ministers shall issue, by means of a regulation, rules on the organisation of the reception and handling of complaints and applications.

Chapter 2

Complaints

Article 227. [ Subject of the action] In particular, the subject of the action may be the negligence or failure of the competent authorities or their employees to perform their tasks, the violation of the rule of law or the interests of the complainants, as well as the chronic or bureaucratic handling of cases.

Article 228. [ Submission of complaints] Complaints shall be submitted to the competent authorities for consideration.

Article 229. [ Bodies competent to deal with complaints] If the specific provisions do not specify other competent authorities to deal with complaints, it shall be the competent authority to consider a complaint concerning tasks or activities:

1) the municipal council, the county council and the state's purse-wojewoda, and in the area of financial affairs-the regional chamber of auditors;

2) executive bodies of local government units and district managers of services, inspections, guards and other organizational units in matters belonging to tasks commissioned from the scope of government administration-wojewoda or authority of higher degree;

3) the mayor (mayor or president of the city) and the managers of the municipal organisational units, except for the cases specified in point 2-the municipal council;

4) the district management and the starosty, as well as the district managers of the services, inspections, guards and other organisational units, except for the cases referred to in point 2-the district council;

5) the Management Board and the Marshal of the voivodship, with the exception of the cases specified in point 2-the Sejmik of the Voivodeship;

(6) the competent minister, and the President of the Council of Ministers, in cases subject to examination under the Code-competent minister;

7) another body of government administration, the body of a state-owned enterprise or another state organisational unit-a higher level body or exercising direct supervision;

8) Minister-President of the Council of Ministers;

8a) [ 3] Consula-Minister responsible for foreign affairs;

(9) the central authority and its manager, the body to which it is subject.

Article 230. [ Complaint for the activities of a social organisation] A complaint concerning the tasks and activities of a social organisation shall be the competent authority of the higher level of the organisation and, in relation to the body of the organisation, the President of the Council of Ministers or the competent ministers responsible for the activities of the organisation. supervision of the activities of this organisation.

Article 231. [ Transmission of the complaint to the competent authority] If the authority which has received the complaint is not competent for its examination, it shall, without delay, not later than seven days, communicate it to the competent authority, either by notifying the complainant, or indicate it to him or her. the competent authority.

Article 232. [ The transfer of the complaint to a lower grade authority] § 1. The competent authority for the examination of the complaint may refer it to a lower level body, provided that the complaint does not contain any pleas relating to the activities of that authority.

§ 2. An employee's complaint may be transferred to his or her superior service, with the obligation to notify the competent authority for consideration of the complaint about the manner in which it is handled.

§ 3. The complaint shall be notified at the same time to the complainant.

Article 233. [ Complaint initiating the administrative procedure] An application for an individual case which has not been and is not the subject of an administrative procedure shall result in the initiation of a proceeding if it has been lodged by the party. Where such a complaint originates from another person, it may lead to the initiation of an administrative procedure ex officio, unless the provisions require a request to be initiated by a party.

Article 234. [ Complain of the case in which the proceedings are pending] In the case where administrative proceedings are pending:

1) the complaint filed by the party is subject to consideration in the course of proceedings, in accordance with the provisions of the Code;

2. the complaint from other persons shall constitute the material which the body conducting the proceedings should be considered by the authority.

Article 235. [ Complaint for a final decision] § 1. A complaint in the case in which a final decision has been issued shall be deemed to be, depending on its content, for the resumption of the proceedings, the annulment of the decision or the repeal of the decision or the amendment which may be taken into consideration, subject to the provisions of Article 16 § 1 second sentence.

§ 2. (repealed).

Article 236. [ The competent authorities for handling the complaint in specific cases] In the cases referred to in Article 233 and 234 the authority competent to consider the complaint shall be the authority empowered to initiate the procedure or the authority before which the proceedings are pending and in the cases referred to in Article 4. 235-the competent authority for the resumption of proceedings, the annulment of a decision, or its repeal or amendment.

Article 237. [ Deadline for Complaints] § 1. The competent authority to deal with the complaint should settle the complaint without undue delay, but not later than in the month.

§ 2. Members of the Sejm, senators and counties who have filed a complaint in their own name or have sent a complaint to another person should be notified of the manner in which the complaint is handled, and where the action is required to gather evidence, information or explanations-also about the state of consideration of the complaint, at the latest within fourteen days from the date of its filing or handoning.

§ 3. The complainant shall be informed of the manner in which the complaint is handled.

§ 4. In the event of failure to settle a complaint within the period laid down in paragraph 1, the provisions of Article 1 shall apply. 36-38.

Article 238. [ Notice on how to handle a complaint] § 1. The notification of the handling of the complaint should contain: the designation of the authority from which it originates, an indication of how the complaint has been handled, and the signature by name, surname and official position of the person authorized to deal with the complaint complaints or, if the notification is made in the form of an electronic document, should be accompanied by a secure electronic signature verified by a valid qualified certificate. In addition, the notification of a refusal to settle a complaint should contain factual and legal reasons and an instruction on the content of the Article. 239.

§ 2. In the notice referred to in § 1, in the offices of the Ministry of National Defence, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service and the Central Anti-Corruption Bureau may be Omit the name and surname of the person authorized to handle the complaint.

Article 239. [ Complaint unfounded] § 1. Where the complaint, as a result of its examination, was found to be unfounded and unfounded in its reply to the complaint and the complainant complained without indicating new circumstances, the competent authority for its examination may sustain its complaint a previous position with an appropriate annotation on the file, without notifying the complainant.

§ 2. (repealed).

Article 240. (A complaint in a case which is not subject to the examination under the provisions of K.p.a.) When the complaint concerns a case which is not subject to consideration under the provisions of the Code (Art. 3 (1) and (2), or not in the jurisdiction of the public authorities, the provisions of Article 3 (2) 233-239 shall apply mutatis mutandis, with the exception that the provisions of the procedure applicable to the case in question shall apply in the place of the other provisions of the Code.

Chapter 3

Conclusions

Article 241. [ Object of the proposal] In particular, the application may be subject to improvements to the organisation, the strengthening of the rule of law, the improvement of work and the prevention of abuse, the protection of property, the better meeting of the needs of the population.

Article 242. [ Submission of applications] § 1. Applications shall be submitted to the competent authorities on account of the subject matter of the request.

§ 2. Conclusions on matters relating to tasks of social organizations shall be submitted to the bodies of these organizations.

Article 243. [ Transmission of the application to the competent authority] If the requested authority is not competent to consider it, it shall, within seven days, communicate it to the competent authority. The application shall be notified at the same time to the applicant.

Article 244. [ Deadline for proposal] § 1. An Article shall be applied on the time limit for the handling of applications. 237 § 1.

§ 2. The application shall be notified at the same time to the applicant.

Article 245. [ Impossibility of an application] If the application cannot be completed within the time limit laid down in the Article. 244 the competent authority shall, within that period, notify the applicant of the measures taken to examine the request and the anticipated date of the request.

Article 246. [ Complaint on the way in which the application was made § 1. Applicants who are not satisfied with the way in which the application is made shall be entitled to lodge a complaint in accordance with Chapter 2 of this chapter.

§ 2. Applicants shall be entitled to lodge a complaint in the event of failure to request the application within the period specified in the Article. 244 or indicated in the notice (Art. 245).

Article 247. [ Relevant application of the provisions] The application shall apply mutatis mutandis. 230, 237 § 2 and art. 238.

Chapter 4

Participation of the press and social organisations

Article 248. [ Complaints and requests submitted by press editors] § 1. Complaints and requests submitted by press, radio and television editors to the competent authorities according to art. 228-230 and 242 are subject to consideration and be dealt with in accordance with Chapters 2 and 3 of this chapter.

2. The competent authority shall, within the prescribed period, inform the competent authority of the manner in which the application or request is made, or to transfer it to another body, in order to arrange for it to be completed, if it so requests.

Article 249. [ Complaints and applications submitted by social organisations] Article Recipe 248 shall apply mutatis mutandis to complaints and requests made by social organisations to the competent authorities under Article 4. 228-230 and Art. 242.

Article 250. (repealed).

Article 251. [ Relevant application of the provisions] The provisions of Article 4 237 § 4 and art. 245 and 246 apply mutatis mutandis to the press editorial, which has published and sent to the competent public administration body an article, memo or other message, in the mode provided by this Chapter.

Article 252. (repealed).

Chapter 5

Adoption of complaints and applications

Article 253. [ Acceptance of complaints and applications] § 1. Public authorities, local authorities and other self-government bodies and bodies of social organisations shall be obliged to accept citizens in cases of complaints and applications in the days and hours they have set.

§ 2. The managers of the bodies referred to in § 1 or their appointed deputies shall be obliged to accept nationals in cases of complaints and applications at least once a week.

§ 3. The days and hours of reception should be adapted to the needs of the population, at least once a week of reception should take place on a fixed day after working hours.

§ 4. The information on days and hours of reception should be posted on a prominent place at the premises of the organizational unit and in the subordinated organizational units.

§ 5. The President of the Council of Ministers or the competent minister and the general body of the social organisation may determine the manner, days and hours of admission of citizens in cases of complaints and applications by subordinate authorities and agencies.

Article 254. [ Registration and storage of complaints and applications] Complaints and requests submitted and submitted to state bodies, local authorities and other local authorities and bodies of social organisations and related writings and other documents shall be registered and stored in a manner that is facilitating the control of the course and time limits for each complaint and application.

Article 255. (repealed).

Article 256. [ Submission of the complaint by the staff member] A staff member who has received a complaint concerning his or her activities shall be obliged to communicate it to his/her superior to the service of the service.

Chapter 6

Supervision and control

Article 257. [ Superior supervision of the reception and handling of complaints and applications] The National Council of the Judiciary is responsible for supervising the reception and handling of complaints and applications submitted to the courts, and to other bodies and agencies, the President of the Council of Ministers.

Article 258. [ Supervision and control of the reception and handling of complaints and applications] § 1. Supervision and control over the reception and handling of complaints and applications shall be carried out by:

1) Ministers-when it comes to complaints handled by ministries and other organisational units directly subordinate to the Minister;

2) competent ministers in cooperation with the Minister responsible for public administration-when it comes to complaints by the authorities of the government;

3) field organs of government administration-when it comes to complaints handled by the organizational units supervised by these bodies;

4) senior bodies and the competent authorities in chief-when it comes to complaints handled by other state bodies and bodies of state organizational units;

5) the President of the Council of Ministers and the voyev-when it comes to complaints dealt with by the bodies of local government units and local self-government agencies.

§ 2. Supervision and control of the reception and handling of complaints and applications in the bodies of social organisations shall be exercised by the statutory supervisory authorities of such organisations and by the authorities of the higher level, and in the bodies of those organisations, of which the administrative body is responsible for the administration of the the government supervising the activities of the organisation concerned.

Article 259. [ Evaluation of the reception and handling of complaints and requests] § 1. The authorities referred to in Article 258, periodically, at least once every two years, the evaluation of the reception and the handling of complaints and applications by the authorities and the agencies subject to their supervision.

§ 2. (repealed).

§ 3. As a result of the checks carried out and the evaluations carried out, the authorities listed in § 1 shall seek to remove the reasons for the complaints and to make full use of the applications in order to improve the activities of the various bodies and other State organisational units.

Article 260. (repealed).

CHAPTER IX

Fees and charges

Article 261. [ Payment of the proceeding] § 1. If the party has not paid the charges and the costs of the proceedings which, in accordance with the rules, have to be paid in advance, the public authority concerned shall set a time limit for the payment of those duties. This period shall not be less than seven days and more than fourteen days.

§ 2. If the claim is not paid within the prescribed period, the application is refundable or the action depends on the charge.

§ 3. The order on the return of administration serves the purpose of complaint.

§ 4. However, the Authority should arrange for the application to be provided in spite of the failure

(1) where social considerations or consideration of an important interest of the party speak for immediate reasons;

(2) if the application of the application constitutes an action for which a time limit is laid down;

3) if the application has been submitted by the person residing abroad.

Article 262. [ Costs of the proceedings incriminating the site] § 1. The parties shall bear the costs of the proceedings which:

1) have resulted from the fault of the party;

2) have been incurred in the interest or at the request of the party, and are not due to the statutory duty of the bodies conducting the proceedings.

§ 2. In justified cases, the public authority may require the party to make an advance payment in a certain amount to cover the costs of the proceedings.

Article 263. [ Costs of Conduct] § 1. The costs of the proceedings shall include travel expenses and other duties of witnesses and experts and of the parties in the cases provided for in Article 1. 56, as well as the costs caused by visual inspection on the spot, as well as the cost of service to the parties of the official letters.

§ 2. The public authorities may also charge other costs directly linked to the settlement of the case.

Article 264. [ Reimbursement of costs] § 1. At the same time as the decision is adopted, the public authority shall determine by way of order the costs of the proceedings, the persons required to bear them and the time limit and the manner in which they are to be paid

§ 2. In order to pay the costs of the proceedings to the person obliged to bear them serves the complaint.

Article 265. [ Enforcement of charges and costs] Any unpaid fees and costs of the proceedings and other claims arising out of this procedure shall be subject to the enforcement of the administrative collection of cash benefits in accordance with the rules of procedure.

Article 266. [ Financial liability of the staff member] An employee of a public administration authority guilty of missuming a party (Art. 56 § 1) is required to reimburte the resulting costs. The judgment and recovery of claims from this worker shall be made in the administrative procedure.

Article 267. [ Exemption from fees and charges] In the event of an undeniable inability of the party to bear the charges, expenses and charges relating to the course of proceedings, the public authority may exempt it, in whole or in part, from the payment of such charges, costs and charges. Exemption from fiscal charges shall be subject to the provisions of those charges.

SECTION X

Final provisions

Article 268. (repealed).

Art. 268a. [ Authorisation of the staff of the authority to deal with cases] The public authority may authorise, in writing, staff serving the authority to deal with matters on its behalf within a set range, and in particular to issue administrative decisions, provisions and attestations.

Article 269. [ Legal decision and final decision] The decisions referred to in other legal provisions shall be deemed to be final, unless it is apparent from those provisions that they relate to such a decision which has been maintained in judicial proceedings or has not been challenged in that proceedings on the grounds of the expiry of the period for bringing a complaint.

[ 1] Article 40 (4) in the version set by the Article 139 point 1 of the Act of 25 June 2015. Consular Law (Journal of Laws of the European Union 1274). The amendment came into force on 1 November 2015.

[ 2] On the basis of the judgment of the Constitutional Court of 12 May 2015. (Journal of Laws pos. 702) art. 156 § 2 in so far as it does not exclude the admissibility of the annulment of a decision issued with a flagrant violation of the law, when the decision has been significantly passed on, and the decision was the basis for the acquisition of the law or the expedition, is incompatible with the art. 2 of the Constitution. Article 156 (2) of the abovementioned The extent of which expired on 21 May 2015.

[ 3] Article 229, point 8a added by art. 139 point 2 of the Act of 25 June 2015. Consular Law (Journal of Laws of the European Union 1274). The amendment came into force on 1 November 2015.