Open AccessZasada in dubio pro libertate w przepisach kodeksu postępowania administracyjnego
Author(s) -
Joanna Smarż
Publication year - 2017
Publication title -
studia prawnicze
Language(s) - English
Resource type - Journals
eISSN - 2719-4302
pISSN - 0039-3312
DOI - 10.37232/sp.2017.4.3
Subject(s) - code (set theory) , political science , scope (computer science) , power (physics) , interpretation (philosophy) , law , administration (probate law) , administrative law , subject (documents) , state (computer science) , position (finance) , law and economics , legislature , business , computer science , sociology , algorithm , physics , set (abstract data type) , finance , quantum mechanics , library science , programming language
The provisions of the Act of 7 April 2017 amending the Act - Administrative Procedure Code and some other acts, made significant changes to the Act on the Administrative Procedure Code. The purpose of this amendment was to change the perception of the administration from a position of power to a more friendly interest, to implement the principle of citizens’ trust to the state authorities. Important practical significance in this scope is to meet the new general principle of ,,friendly interpretation of law” (in dubio pro libertate) introduced in the added Article 7a of Administrative Procedure Code and a new rule for resolving doubts in favor of the party added in Art. 81a of Administrative Procedure Code, which relates to evidence. Both principles are to protect the individual from the imperious ruling authority, which in case of doubt, their weight and consequences often throws them at the side, as the weakest subject of the administrative relationship. In the light of both regulations, in case of doubts as to whether the provisions are properly interpreted or factual, the authority is obliged to resolve the dispute in favor of party to the administrative proceedings.