Korespondencja elektroniczna z organem administracji publicznej w okresie przejściowym
Electronic correspondence with a public administration body in transition

Summary/Abstract: The constant development of techniques and methods of interpersonal communication made it necessary to take into account new solutions in the functioning of public administration, which in turn forced the need to prepare a new legal regulation, adequate to the challenges of modern times. The entry into force on October 5, 2021 of the Act on electronic deliveries heralded the revolution that began in the field of electronic deliveries, with the transition to deliveries based on a public service of registered electronic delivery, a public hybrid service and the introduction of the obligation to have new addresses for electronic deliveries. Since October 5, 2021, i.e. the moment the new regulation enters into force, a practical problem arose as to how applications should be submitted to the public administration body via electronic means of communication so that they produce the desired legal effect and are not left unexamined. Therefore, problems arose as to how to effectively conduct electronic communication with a public administration body and how long the transitional period in which legal dualism in the field of electronic deliveries will last. Another problem resulting from the entry into force of the new regulations is the issue of advising the applicant who submits an application to a public administration body by means of an ordinary e-mail to the e-mail address about leaving his application without examination. The purpose of this study is to seek answers to emerging problems based on the provisions of the Act on Electronic Delivery, including transitional provisions. The study in question indicates the need to prepare instructions on the principles of electronic communication, which should be provided to the parties or participants in the proceedings at the first contact or together with information about leaving the application unprocessed if the application is sent to an e-mail address. The parallel use of two solutions for the delivery of electronic correspondence to (and “from”) a public administration body, i.e. both based on an address for electronic delivery and an electronic inbox for ePUAP, is necessary and inevitable, because the introduction of new solutions without a transitional period is not possible. Nevertheless, the length of the transitional period raises legitimate concerns. On the one hand, we are dealing with a weakening of the constructions provided for in the Act on electronic deliveries, on the other hand, both public administration bodies and non-public entities must function in a kind of legal dualism defining two equivalent delivery systems.

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