Code Of Administrative Procedure Research Articles

Demographics and clinical characteristics of patients of prescribing psychologists, psychiatrists, and primary care physicians.

To describe the characteristics of patients receiving psychotropic medication from prescribing psychologists, psychiatrists, and primary care physicians. This descriptive study was conducted using private insurance claims of patients from New Mexico and Louisiana receiving psychotropic medications (anticonvulsants, antidepressants, antipsychotics, hypotensive agents, anxiolytics/sedatives/hypnotics, and stimulants) from 2004 to 2021 (N = 307,478). Patient characteristics were captured during the 6 months prior to their first psychotropic medication using administrative information, diagnosis and procedure codes, and medication data. Logistic regression models estimated the associations of patient characteristics with prescriber type. Additional logistic regression models estimated the association of prescriber type with medication classes prescribed. Patients were most likely to see specialists (psychologists or psychiatrists) if they had bipolar disorder (average marginal effect and 95% CI 0.214 [0.196, 0.231]), schizophrenia/psychotic disorders (0.118 [0.097, 0.138]), or had 1-4 visits of psychotherapy (0.267 [0.258, 0.026]). Specialist patients were most likely to see a prescribing psychologist if they had 1-4 visits of psychotherapy (0.196 [0.183, 0.210]) or had insomnia (0.309 [0.203, 0.415]). Prescribing psychologists were more likely to prescribe antidepressants (0.028 [0.011, 0.045]) and less likely to prescribe antipsychotics (-0.016 [-0.020, -0.012]) than psychiatrists. Primary care physicians were less likely to prescribe all psychotropic medications except antidepressants (0.011 [0.002, 0.019]) and anxiolytics (0.074 [0.067, 0.080]). Prescribing psychologists treat patients who are more similar to those of psychiatrists than patients of primary care physicians; they are less likely to prescribe antipsychotics and more likely to prescribe antidepressants. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Peculiarities of proceedings in administrative cases regarding the placement of a foreigner who is subject to deportation or readmission to a point of temporary stay

The article examines the specifics of proceedings in administrative cases regarding the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. The topicality of the topic is due to the implementation of the Agreement on the Association of Ukraine and the European Union regarding the creation of a single legal space, including the protection of the rights and legitimate interests of foreigners and stateless persons when challenging placement in special institutions. The object of the study is a complex of social relations that are formed in the process of contesting the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons. The subject of the study is the norms of administrative law, which determine the specifics of the protection of the rights of foreigners, stateless persons who are placed in a temporary detention center, in accordance with the procedure defined by the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a set of general scientific methods and private methods of scientific knowledge. The work uses the following methods: dialectical, formal-logical, statistical, comparative-legal, systemic-structural, analysis and synthesis. The article examines the concepts of «expulsion» and «readmission», examines the peculiarities of proceedings in administrative cases concerning the accommodation of a foreigner or a stateless person who is subject to expulsion or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. Judicial practice has been studied and the main reasons for administrative claimants' appeals to the court for the specified category of cases have been identified. It is proposed to establish a maximum period of detention of foreigners and stateless persons in the points of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine.

Etyka administracji publicznej a funkcja edukacyjna sądów administracyjnych – glosa częściowo krytyczna do wyroku Naczelnego Sądu Administracyjnego z 15 lipca 2021 r., sygn. akt III OSK 3869/21

This gloss discusses two, at first glance imperceptible, problems that are concentrated in the ruling analyzed. The first of these is the practical application of ethical principles by public administration bodies. In the case being commented on – submitting an application for a school scholarship beyond the statutory deadline – the public administration authorities not only failed to fulfill their obligations related to the fair consideration of the case, but also to provide protection to a family in a difficult life situation. Such protection is guaranteed not only by statutes, including the Code of Administrative Procedure, but also by the Constitution of the Republic of Poland and international agreements binding on Poland. The Supreme Administrative Court’s judgment focused primarily on the analysis of the provisions of the Education System Act, without paying much attention to the above-mentioned problem of standards that should guide public administration. In the author’s opinion, such a way of considering the case, which ignores the broader context of the primary causes of the entire problem, should be considered as a serious omission. In the light of the fundamental role of the courts in protecting the fundamental rights of the individual, as well as the influence of case law on shaping the legal culture of public authorities and society, the duty of the court – especially the court of last instance – is to provide a detailed explanation of all doubts that have arisen in a given case and a comprehensive justification of the reasons for a given decision. The goal that the court should strive for is not only to uphold and promote certain standards or maintain the uniformity of case law, but also to ensure that both the parties and all other recipients of the judgment have no or the least possible doubts as to the correctness of the judgment. All this significantly affects the authority of the judiciary and the trust of citizens in it, and thus to some extent, also their faith in the entire public authority in Poland.  

Changing rates but persisting seasons: patterns of enterovirus infections in hospitalizations and outpatient visits in Denmark 2015-2022

BackgroundEnteroviruses (EV) constitute a diverse group of viruses manifesting a broad spectrum of clinical presentations in humans ranging from mild skin manifestations to more severe central nervous system (CNS) infection. Severe infections are reported with increased frequency globally, albeit the burden of diseases and the evolution of circulating viruses is largely unknown. We aimed to systematically explore contemporary trends in hospitalizations attributed to EV infections using national hospitalization discharge data.MethodsWe utilized the Danish National Patient Register which holds information on all contacts to Danish hospitals. We covered eight full years (2015-2022). Length-of-stay and administrative procedure codes were used to distinguish hospital admissions from outpatient visits. We utilized burden of disease estimates and distribution statistics.ResultsWe identified 1029 hospitalizations and 1970 outpatient visits due to EV infections. The hospital admissions were primarily associated with CNS-infections (n=570, 55.4%) and skin (n=252, 24.5%), with variation over the studied period. The admitted patients were predominately children (43.8%) though patients were identified in all ages. The clinical manifestation was associated with age, with CNS infections dominating in the neonates and adults, and skin infections dominating in children 1-2 years (17.2%). Outpatient visits were predominantly observed among children 1-2 years (55.0%), presenting with skin symptoms (77.9%). We show a seasonal pattern of EV infections with summer/fall peaks and markedly impact on the EV hospitalization burden related to COVID-19 mitigation measures including national lockdown periods. 25% of hospital admissions occurred during 2020-2022.ConclusionEV infections caused both hospital admissions and outpatient visits in the period studied, predominately among children aged 1-2 years. Overall, skin infections dominated the outpatient visits, while the majority of hospital admissions were due to CNS infections. The pandemic period did not change the seasonal pattern of EV infections but notably lowered the number of admissions to hospital with CNS infection and raised the number of outpatient admissions with skin infection.

Complicity in Administrative Proceedings

The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.

Peace agreement (reconciliation) in civil and administrative jurisdiction: a comparative aspect of the study

The article is devoted to a comparative legal study of the institution of settlement agreement (conciliation) in the fields of civil procedural and administrative procedural law.
 The main purpose of the article is to highlight the significance of the settlement agreement in civil and administrative processes. Attention is drawn to the fact that when a settlement agreement is concluded and approved by the court, the parties have the right to independently choose a way out of the conflict situation, while the court is released from the obligation to review the merits of the case for which proceedings have already been opened. The value of the settlement agreement is to encourage the parties to voluntarily fulfill their obligations, thereby reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in administrative and civil processes is an important procedural tool that contributes to the successful protection of the rights and interests of the participants in the process and the parties to the case, as well as relieves the court’s activity in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is carried out. The commonality of legislative approaches in solving such issues as who can conclude a peace agreement (reconciliation) is noted; the possibility of the parties to go beyond the scope of the dispute when concluding a settlement agreement (conciliation statements); availability of a written settlement agreement (reconciliation) of the parties; the court’s duty to explain to the parties the procedural consequences of approving a settlement agreement (reconciliation); the court’s obligation to check the terms of the settlement agreement (reconciliation) before approving them; fixing the terms of the settlement agreement (reconciliation) in the court decision, which simultaneously closes the proceedings in the case; the presence in most cases of identical reservations regarding the impossibility of approving a settlement agreement (reconciliation) of the parties, etc. On the other hand, distinctive features of the normative regulation of the settlement agreement and the reconciliation of the parties in civil and administrative proceedings, respectively, are noted. Based on this, it is proposed to improve domestic legislation in the field of civil and administrative jurisdiction.

Administrative Procedure Code: a Controversial, but Feasible Idea

The subject of the study is the issues of codification of administrative procedural and administrative tort legislation. The complex issue of its codification requires a thorough analysis of a number of fundamental theses for further argumentation of the author's position regarding the improvement of the institutional foundations of codification both from the standpoint of scientific and methodological development and practical implementation. The need to codify administrative proceedings is due to the fact that the reform of the administrative procedure will be incomplete without improving the CAS of the Russian Federation in terms of including the provisions of the APC of the Russian Federation and the procedure for considering cases of administrative offenses and strengthening judicial control over the actions of administrative jurisdiction bodies by reforming the procedural mechanism for considering cases of administrative offenses by courts of general jurisdiction (option arbitration courts according to the rules of the RF PACS). The goals are achieved using the methods of historical, systematization, synthesis, and special legal methods. The scientific idea of the formation of the procedural form of administration is argued, the scientific idea of the formation of the procedural form of administrative legislation is documented, which means only the judicial procedure for the consideration of cases, including administrative proceedings and proceedings in cases of administrative offenses. Practical recommendations are formulated on reforming the legislative and organizational foundations in the field under study and the adoption of a basic law on the procedure for the implementation of administrative proceedings when considering and resolving administrative cases by courts on the protection of violated or disputed rights, freedoms and legitimate interests of citizens and organizations, as well as other administrative cases related to the exercise of judicial control over the legality and validity of public powers, namely, the Administrative Procedural Code of the Russian Federation (as a variant of the Procedural Administrative Code of the Russian Federation - PAK RF). An invitation to the discussion is published.

Criteria for determining the adequacy and efficiency of the methods of protection when appealing the decisions of authority subjects

The article is devoted to the problems of researching the criteria of propriety and effectiveness of the methods of judicial protection when challenging the decisions of the subjects of authority. The article analyzes the current administrative-procedural legislation, judicial practice and the opinions of scientists in the issues of criteria for determining the appropriateness and effectiveness of judicial protection methods when challenging the decisions of subjects of power. It is proved that the Code of Administrative Procedure of Ukraine has expanded the possibilities of choosing methods of protection when appealing the decisions of subjects of authority. However, and this is confirmed by judicial practice, the extended list of methods of protection when challenging the decisions of subjects of authority is insufficient to ensure a person the realization of his rights or interests violated by the subject of authority when making a decision. The reason for this lies in the fact that the chosen means of protection must also meet certain requirements of effectiveness and propriety. The article substantiates that the following requirements can be attributed to the criteria for the effectiveness of protection methods when challenging the decisions of subjects of authority: the chosen protection method allows to stop and (or) eliminate the violation of the right and prevent its violation in the future; the chosen method of protection allows to restore the violated right and (or) compensate for the damage caused in connection with the violation of the right or interest; the chosen method of protection must correspond to the purpose of protection and ensure the actual protection result desired by the person. It is concluded that the proper method of defense should not contradict the law; to ensure maximum complete and effective restoration of violated rights, freedoms or interests within the limits of current legislation; must not contradict the essence of the claims that were determined by the person who appealed to the court and be adequate to the circumstances of the case and the nature of the offense; comply with the duty of the subject of authority to act within the limits, in the order and in the ways specified in the legislation.

ON THE OFFICIAL DEFINITION OF THE ADMINISTRATIVE CONTRACT

The relevance of the article is due to the fact that the administrative contract is one of the important tools of public administration, since its use is aimed at the implementation of the main functions of public administration: 1) its conclusion involves the selection of certain goals and the means necessary for their implementation, that is, actions that constitute the quintessence of the process planning; 2) it, in particular, serves to distinguish the competence of subjects of public-authority powers, determine the order of interaction between them, coordinate their actions, delegate public-authority management functions, and therefore, for organization; 3) it is used to motivate the implementation of the goals of public administration; 4) the terms of administrative contracts belong to the control standards used in the process of implementing the control function of public administration. The purpose of the article is to analyze the official definition of an administrative contract. In the process of realizing this goal, a systematic approach, methods of analysis and synthesis, and the method of expert evaluations have been used. The reasons for the appearance in the Code of Administrative Procedure of Ukraine of a definition of an administrative contract different from the one contained in the first edition of this code have been revealed. Attention is drawn to the most convincing critical assessments of the current definition of an administrative contract. Its definition proposed by O.V. Konstantyi has been analyzed. The following conclusions have been made: 1) an administrative contract is a bilateral or multilateral written agreement (agreement, protocol, memorandum, etc.), which is concluded on the basis and within the limits of the prescriptions of the law and formalizes the will of its parties, one of which is necessarily a carrier of public authoritative powers; establishes, changes, or terminates their mutual rights and obligations in the field of public-legal relations for the purpose of realizing a socially significant goal, which either reflects exclusively public interests, or, along with them, takes into account private interests; 2) this description of the essence of the administrative contract must be supplemented with an exhaustive list of its application areas. Keywords: administrative contract, purpose, interests, agreement.

General principles of the Code of Administrative Procedure as guidelines for public administration authorities

In general terms, administrative law can be defined as the part of the legal system that regulates the structure and functioning of public administration authorities in specific forms (in terms of the entities concerned and subject matter). With regard to the nature of the functions of public administration authorities, administrative law consists of an orderly set of legal norms, the rationale for which is the direct observance of the values identified by public administration authorities as being in the common interest. The concept of the common interest refers to the axiological foundations of this branch of law, as it aggregates all values specified in the Constitution and statutes for the implementation of which the law is made. By introducing uniform procedures for handling official cases, the administrative procedure ensures the protection of citizens from arbitrariness on the part of public administration authorities. The purpose of this article is to present the general principles of the Code of Administrative Procedure, CAP (PL: Kodeks postępowania administracyjnego, k.p.a.) as a structured catalogue. These principles provide guidance for public administration authorities. An official conducts administrative proceedings to the extent specified by administrative law. In order to properly fulfil their statutory duties, an official should have relevant knowledge of law. Keywords: code of administrative procedure, applicability of general rules, dministrative proceedings, general rules of administrative proceedings

The Negative Declaratory Action under the Code of Administrative Procedure

The Negative Declaratory Action under the Code of Administrative Procedure

Translation methods applied to translate Polish types and names of administrative law authority bodies into English – a case study.

The paper aims to discuss Polish terms that name authority bodies under the administrative law and their English equivalents. The Polish terms under analysis appear in the first Division of the Polish Code of Administrative Procedure of 14 June 1960 and the English equivalents of each Polish term researched have been suggested in the Polish Code of Administrative Procedure translation into English. The research problem is to determine the translation methods applied and to verify whether translation methods used in the Polish-English translation of the above terms which have been determined as culture-specific items appear among translation methods applied when translating culture-specific elements suggested by Hejwowski (2007). Furthermore, to verify whether the mentioned translation methods appear among the translation methods discussed by Weston (1993) which are recommended to be applied while translating legal terms. The theoretical part of the paper includes a presentation of the definitions of a legal term, culture-specific item and the classification of translation methods by Hejwowski and Weston. The research stages include the comparison of definitions of source elements and definitions of their equivalents, as long as they appear in monolingual English law dictionaries.

Sankcje w postaci kar pieniężnych

Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within public economic law, the role of the state and its tools for influencing the economy have evolved fundamentally. In this area, the administrative sanctions with which administrative bodies were equipped have developed profoundly and taken on an important function. Undoubtedly, the European Union plays a significant role in the development of administrative penalties. Penalties are imposed in the form of administrative decisions, issued according to procedures governed by the Code of Administrative Procedure. This Code and other laws enumerate the prerequisites for assessing a penalty. Among these, the omission of the element of guilt must be a cause for concern. Consequently, particularly in the case of penalties imposed on individuals, the penalty may be imposed on a person to whom no fault can be attributed in the violation of the law that caused the punishment. The system of fines thus arouses great dissatisfaction among market participants. An analysis of the system of administrative penalties in Poland raises the issue of harmonizing solutions on the scale of the European Union, as it is expected that penalties should be of similar size in all member states. However, the statutory enshrinement of high penalties in the current legislation does not prejudge the practice of imposing them. Given the smaller revenues generated in Poland, the penalties imposed should be proportionately lower. Moreover, the law does not categorically require the imposition of high penalties. The legislation often uses the word “may,” from which some people draw conclusions about the imposition of penalties under administrative discretion, which is not legitimate.

The Code of Administrative Justice of Ukraine in the system of regulation of alternative methods of solving public legal disputes and conflicts

The article states that the sphere of resolving public-law disputes and conflicts is insufficiently regulated and indicates that it requires further adoption of relevant legislative acts or amendments to current acts in this area. At the same time, it is noted that the legislative principles for the application of alternative methods of resolving public legal disputes and conflicts are contained in the Code of Administrative Justice of Ukraine. It is noted that the Code of Administrative Justice of Ukraine contains the following legislative provisions regarding the possibility of using alternative methods of resolving public legal disputes and conflicts. The specified Code was adopted on July 6, 2005, but part of the norms related to the above issues and, in particular, mediation in the Code appeared much later. In particular, the Code was supplemented with such norms on the basis of the third clause of Chapter IV "Final and Transitional Provisions" of the Law of Ukraine "On Mediation" dated November 16, 2021. In view of the analysis of the provisions of the Code of Administrative Procedure of Ukraine, this legal act orients the parties to the possibility of resolving the dispute in the following ways: 1) by conciliation; 2) through mediation as an out-of-court method of dispute settlement; 3) by applying to the court to settle the dispute with the participation of a judge. At the same time, the Code regulates only conciliation and going to court to settle the dispute with the participation of a judge. Mediation as an alternative way of resolving public legal disputes and conflicts is taken into account by the Code in different ways, but the detailed regulation of this procedure, as is known, is carried out by a separate Law. The article states that the proceduralization of such a form as settlement of a dispute with the participation of a judge is of a rather limited nature and is connected with the introduction at the level of procedural law of a minimal set of rules without detailed regulation of the specifics of their application. Taking into account the professional consciousness of judges and their constant activity within the limits of the maximum procedural regulation of such activity, the stated approach of the legislator, in our opinion, needs clarification and development at the level of other acts. In particular, within the limits of such acts, it would be possible to approve a scientifically based and practically tested method of dispute settlement with the participation of a judge.

Dodatkowe składniki decyzji administracyjnej w zezwoleniu inspektora pracy na wykonywanie pracy lub innych zajęć zarobkowych przez dziecko do lat 16

The procedure for obtaining permission for a child to perform labor is one of the guarantors of protection for a child performing labor. However, awareness of the need to obtain a child labor permit for children under the age of 16 under Article 3045 of the Labor Code is negligible, as can be seen by the number of requests for labor inspectors to issue permits. Permission for a child to perform work is an administrative decision within the meaning of Article 104 of the Administrative Procedure Code. The author stresses that it is good practice in issuing permits for the performance of work by a child to include additional components in the content of the decision, especially those containing arrangements for working conditions that take into account the welfare of the child.

Dowód w postępowaniu przed Komisją do spraw wpływów rosyjskich

In 2023, an act aimed at creating a legal framework for the establishment of a new public administration body entered into force, which, among other things, would conduct proceedings to investigate Russian influence on the internal security of the Republic of Poland in 2007–2022. Undoubtedly, in the context of this type of cases, the procedural institution of “evidence” will be of particular importance. Therefore, this concept has been adopted as the subject of analysis in this study in the context of its understanding described in the cited legal act and in juxtaposition with Article 75 § 1 of the Administrative Procedure Code.

CONCERNING THE DEFINITION OF THE CONCEPT OF THE PRINCIPLE OF EQUALITY OF ALL PARTICIPANTS IN THE ADMINISTRATIVE PROCESS BEFORE THE LAW AND THE COURTS IN UKRAINE

The article analyzes approaches to understanding the concept, content and essence of the principle of equality of all participants in the administrative process before the law and the court. Were researched the primary definitions of the concept of the principle, the researched principle was considered through the prism of the principles of justice and the general constitutional principles of equality. This article determines that the principle of equality of all participants in the administrative process before the law and the court has many aspects, most of which are not fixed and not fully disclosed in Article 8 of the Code of Administrative Procedure of Ukraine. It stems from the constitutional principle of equality of human rights and freedoms and equality of citizens before the law, general principles of justice (including the general principle of equality of all participants in the legal process before the law and the court) and is imposed on the specifics of administrative-procedural relations. The article provides an interpretation of the content of the principle of equality of parties to the legal process, which was carried out in the Decision of the Constitutional Court of Ukraine dated 12.04.2012 in case No. 9-рп/2012 (on the constitutional appeal of the village of Troyan A. P. regarding the official interpretation of the provisions of Article 24 of the Constitution of Ukraine). The positions of a number of scientists who expand the limitation of the content of the principle of all participants in the administrative process before the law and the court, which are specified in Part 2 Art. 8 Сode of administrative proceedings of Ukraine. The article proposes a definition of the concept of the principle of equality of all participants in the administrative process before the law and the court in a broad and narrow sense, taking into account doctrinal provisions regarding the essence and content of this principle and the general specific properties of administrative proceedings, a certain «procedural inequality» of participants in the administrative process in their statuses and tort capacity.

Contesting of the Refusal to Allow the Resumption of Proceedings on the Issuance of an Administrative Act

In the present study, the issue of contesting the refusal to allow the resumption of proceedings on the issuance of an administrative act, which according to Art. 103 para. 3 of the Code of Administrative Procedure can be disputed in accordance with the procedure of Chapter Ten, Section IV of this Code. More specifically, an analysis is made of the refusal to allow the resumption of administrative proceedings as a subject of dispute and the procedure for contesting it. An answer was sought to the question whether it is possible to contest the tacit refusal to allow the resumption of proceedings on the issuance of an administrative act. The question of the entities that can contest these refusals is also discussed. An analysis of legal doctrine and jurisprudence was made on the issues raised in the research.

RESOLVING IRREMOVABLE DOUBTS IN FAVOR OF THE PARTY IN THE LIGHT OF ART. 7A AND ART. 81A OF THE CODE OF ADMINISTRATIVE PROCEDURE

Introduced by the Act of April 7, 2017 („Act amending the Act - Code of Administrative Procedure and certain other acts”), the amendment to the Administrative Procedure Code introduced the rules for settling irremovable doubts as to the legal and factual status in favor of the party (Article 7a of the Code of Administrative Procedure; Article 81a 1 of the Code of Administrative Procedure). The author presents the position of the legislator, expressed in the justification of the draft amendment, which indicates, among others, on the need for less restrictive and formalistic use of authority, adjustment of regulations to the European Code of Good Administrative Behavior, partnership approach of the administration to citizens, deepening citizens’ trust in public authority, friendly administration and attempts to explain the original reasons for establishing the above principles. The author points to unjust restrictions in the application of the principles expressed in art. 7a k.p.a. and Art. 81a 1 k.p.a. to the situation of imposing obligations on a party or limiting or withdrawing rights, justifying that the correct interpretation of the introduced rules should not exclude situations in which the subject of the proceedings is the granting or extension of rights. In addition, the author proposes a new wording of the norm, combining doubts as to the legal and factual status, supplementing the catalog of administrative law principles, or possibly transferring the principle concerning resolving doubts related to establishing the facts to the part of the Code of Administrative Procedure concerning issuing decisions.

CHANGES TO ELECTRONIC DELIVERY IN THE CODE OF ADMINISTRATIVE PROCEDURE

The need to find answers to questions about the status of the implementation of regulations on the service of electronically fixed letters in the Code of Administrative Procedure became the impetus for the preparation of this article. The multiplicity of regulations, the need to analyse the transitional provisions contained in the law on electronic delivery, as well as the introduction by the legislator of changes to the new regulations before they even began to be applied, makes the subject of electronic delivery in the k.p.a. not simple, which in practice may result in numerous errors in the delivery of electronically fixed letters. These circumstances do not inspire optimism, especially if we take into account how momentous the consequences of incorrect service under the provisions of the Code are. Preparation and implementation of new solutions is not an easy task, especially when we are talking about such a serious challenge as the spread of e-delivery in Poland. Nevertheless, the role of the legislator is to carefully prepare and introduce new legislative solutions.