Szczególne przepisy prawne zawarte w ustawach regulujących działalność agencji rządowych w Polsce kontra postępowanie przed sądami administracyjnymi. Wybrane zagadnienia
Specific legal provisions in acts regulating the activity of government agencies in Poland versus proceedings before administrative courts. Selected issues

Summary/Abstract: Public administration bodies decide in individual cases by means of administrative decisions. With the use of administrative decisions, administrative organs grant or ascertain rights or obligations. Pursuant to the provisions of Administrative Procedure Code, a decision should be delivered to its addressee. The delivery should be effective and compliant with the provisions of Administrative Procedure Code so that the addressee could lodge an appeal within 14 days from the date of delivery. Two forms of introducing an administrative decision into legal circulation should be distinguished. The primary and the first way is to deliver it in writing. By delivering a decision in writing, one should understand the delivery of its original. Each copy of the decision which is served on the parties must be signed by the person or persons empowered to issue it, so that each copy is an original decision. The second form of introducing an administrative decision into legal circulation is its delivery by means of electronic communication. The issuance of a decision in the form of an electronic document consists in drawing up such a document within the meaning of the Act and affixing it with a secure electronic signature, verified with a valid qualified certificate. Decisions that were issued in the form of an electronic document, pursuant to Art. 391 § 1, shall be served on the parties by means of electronic communication. Exceptionally, in the case of decisions in the form of an electronic document that have been affixed with a qualified electronic signature, a trusted signature or a personal signature.However, the key fact in this respect is that an administrative decision that will not be communicated to the party is still an act of no effect on the party. Therefore, the externalisation of the decision in relation to the party creates a new procedural situation (e.g., the possibility of appealing). Therefore, an administrative decision commences its legal existence upon publication or service of the party to the proceedings, and the authority which issued it is bound by that moment. But if there is no delivery, does it violate the addressee’s rights? Or perhaps it should be considered individually and referred to a given situation as discussed in the paper? An attempt to answer such a question will be considered in this article by referring to the situation of a farmer who is not served by the Agency for Restructuring and Modernization of Agriculture with an administrative decision, but makes a transfer to a bank account.

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