Wskazanie niespełnionych przesłanek do wydania decyzji zgodnej z żądaniem strony (art. 79a k.p.a.)

Abstract

The amendment to the Code of Administrative Procedure introduced a new legal solution, according to in the course of an administrative proceedings initiated by a person having a legal interest, a state body should inform the person not only about the possibility of expressing his opinion on the evidence, materials and demands collected, but is obliged to indicate the dependent premises that have not been fulfilled or shown on the date of sending the information if that fact may result in a decision not in compliance with the request. The article discusses three objectives of regulation, its legal premises and its conclusions. By positively evaluating the new solution, it was generally accepted that the new legal regulation is a refinement of the existing legal arrangements, in particular the rules for information, the rules of active participation of the parties in administrative proceedings, the principles of building trust and objective truth.