Changes in the KPA from July. The end of paper attachments and freezing matters

1. Stock service

The new regulations of the Code of Administrative Procedure give Possibility to deliver letters organizational units and social organizations By: creation secondary recipient and use to him service fiction.

The fiction of delivery is a solution known in the Polish legal system. However, it is used only in relation to direct recipient of the magazine (e.g. companies). In certain situations, when it is impossible to deliver the letter to an example of the company, It will be possible to deliver to the hands of people authorized to represent it. For such people, fictitious delivery will already be used if there is no actual delivery.

Importantly, this form of delivery can only be used if the address of the registered office does not exist, has been removed from the register or is not in accordance with the appropriate register and the office address cannot be determined.

Also introduced The recipe, which I call qualified service fiction. He predicts that If it is not possible to determine the address of a natural person authorized to represent an example of the company, letter is left in the case file with the effect of service (as is in Article 151a of the Tax Code).

2. Mediation

The possibility of mediation in administrative matters introduced in 2017 turns out to be inefficient. In the amendment to the KPA

· The category of cases has been clarified suitable for mediation;

· An open, picture catalog of cases has been determined suitable for mediation;

· Administration authorities were obliged to preparation and consolidation of an annotation in the case file whether the nature of the case allows for mediation;

· introduced clear the rule that notification of mediation can be repeated in the course of the case, regardless of the stage of the proceedings.

As follows from the justification of the government's project, regulation It has an internal value. It is to eliminate the uncertainty and fluctuations of organs as to whether a given case can be resolved by mediation. This, in turn, is to encourage organs to boldly reach for this institution – and at every stage of the proceedings. The need to record the possibility of mediation, on the other hand, is to work in a mobilizing way.

Although they are not strictly deregulation, The above solutions “revive” have all the provisions regarding mediation in administrative proceedings. This, in turn, is to lead to the achievement of goals for which mediation was introduced into the administrative procedure.

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3. Removal of suspended proceedings

The request to initiate proceedings is considered to be withdrawn if the party who applied for them does not ask for proceedings within three years from the date of its suspension. This principle is also to be used in the case of proceedings suspended for obligatory reasons (although not those initiated ex officio). Remission suspended proceedings bit could have happened then, When the obligatory obstacles to continue the proceedings are not removed within three years from the date of suspension of the proceedings. This is to prevent situations of freezing proceedings due to the lack of involvement of the parties.

The discontinuation of the proceedings was dependent on the lack of bringing opposition other parties to the proceedings. I am talking about those pages whose situation is not behind the reasons for suspending the proceedings. The objection is to be possible within seven days from the date of delivery by the public administration body of a letter on the intention to discontinue the proceedings. In addition, the proceedings will not be discontinued if it threatens the social interest.

4. “Hybrid” decisions

Until now, it was not possible to deliver attachments by the authority in a different form than the delivery decision. Thus, the delivery of the decision in a conventional (paper) form meant the provision of the decision by the attachment of the decision also in the paper version. And each of the parties to the proceedings.

The public administration body was obliged to prepare, authenticate, serve and archive a substantial number of attachments, often large -format. In terms of proportion, the parties to the proceedings had similar obligations in the field of archiving. Administration authorities struggled with the need for paper delivery of attachments to the decision if it was issued conventional. The act solves the above problem.

Annexes to a decision issued in paper form will be able to be served on another permanent information mediumwhile this will require the consent of the party concerned, consent expressed in writing or orally to the protocol.

The Act introduced a spontaneous definition of a “permanent carrier”. This carrier is “any information carrier enabling storage for the necessary time, resulting from the nature of the information and the purpose of its preparation or providing information contained on it in a way that prevents them from changing or allowing to recreate the information in the version and form in which they were prepared or transferred”.

Attention should be paid to the ambiguous premise regarding the inability to change the information saved on the medium. This may mean a return to the CD/DVD of a single record or the need to impose protection against registration on pendrive.

5. Autocontrola after new

A significant change occurred in the administrative autocontrol model. Public administration body, issuing a new decision under the autocontrol, in which it repeals the contested decision (in whole or in part), At the same time, he either resolves the case or discontinues the proceedings.

The public administration body also has the option of annuling the decision in the part, if the appeal deserves to be taken into account, but applies only to part of the contested decision.

The provision applies in a situation where all parties to the proceedings appealed, and when one of the parties appealed and the other parties agreed to issue a new decision.

The new solution eliminates the legal gap and adapts the wording of the regulations to jurisprudence.

6

Added by an amendment to art. 139a of the Code of Administrative Procedure that Pre -examination of the case, the first instance authority is obliged to take into account the circumstances indicated by the appeal body and is bound by the guidelines of this authority specified in the decision annulment of the contested decision in its entirety and referring to reconsideration, unless the law on the basis of which the first instance authority resolved the case, changed the case.

The above is to be an instrument for counteracting the failure to comply with the authority of the first instance to the content of the guidelines contained in the decision of the appeal body.

Such actions have severe effects on the parties. In addition, the image of a well -functioning two -instance model and often cause ordinary frustration that a given problem in effect must be proceeded for the second time before the second instance authority. The principle of process economics is not preserved, and moreover, the site may have the impression that it was in the middle of the erroneous administrative procedure circle.

The provision in question is to be applied in situations where the second instance authority has already issued a decision to refer the case to re -examination by the authority of the first instance, but the latter he did not perform the recommendations binding him the appeal body, which resulted in re -appeal.

The sanction for the described violation is the possibility of ordering that the first instance authority explains the reasons for the violation of the obligation, and if necessary also the order to undertake that preventing the violation of this obligation in the future. Such a sanction may be imposed by the appeal body when examining the appeal lodged against the decision of the first instance authority issued after re -examination of the case.