Charakter prawny rozstrzygnięć nadzorczych Rady Doskonałości Naukowej.
The legal naute of supervisory decisiopns of the Counsil of Scientific Eexellence.

Summary/Abstract: Supervision over entities performing public tasks is one of the most important ele- ments of the proper functioning country. Decentralization of country power, consist- ing in assigning public tasks to certain entities, in particular in the specialized social sphere, such as the system of scientific advancement, including the granting of the right to legislate under this system, is inextricably linked with the need to supervise them. In this system, the legislator provided for specific supervisory powers for the institution that performs the function of the central government administration body in the field of proceedings counted by it, which is the Council of Scientific Excellence. Due to the complexity of the system of scientific promotions, including the procedures for scientific promotion themselves, the supervision over them is of a different nature. At the same time, the concept of supervision as part of the activities of this authority has been reserved by the legislator for activities specified in Art. 238 paragraph. 1 point 6 of the Law on higher education and science. Determining its full scope requires decoding the legal norms resulting from various legal acts, because the constitutional act itself for the activities of the Council of Scientific Excellence, whichcan be considered of the Law on higher education and science, is not exhaustive in this respect. It should be pointed out that while the supervision of doctoral entities and habilitation entities in terms of the lawfulness of the proceedings for scientific promotion finds its exhaustive regulations, first of all, in the appropriately applied provisions of the Code of Administrative Procedure, taking the actions in question in relation to the resolutions referred to in Art. 192 paragraph 2 and 3 and art. 221 paragraph 14 of the of the Law on higher education and science, it is not sufficiently regulated. Thus, as part of this work, an analysis of the applicable legal provisions related to the supervision by the Council of Scientific Excellence referred to in Art. 238 paragraph 1 point 6 lit. a of the Law on higher education, taking into account the criteria of the activity in question and the legal nature of the decisions taken within its framework, as well as the practice of exercising supervision by this authority.

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