Sprzeciw od czynności kontrolnych jako szczególny środek ochrony przedsiębiorcy
Objection to Inspection Activities as a Special Legal Instrument for Protection of the Entrepreneur
Author(s): Maciej EtelSubject(s): Civil Law, Human Rights and Humanitarian Law, Commercial Law, Administrative Law
Published by: Temida 2
Keywords: entrepreneurs; entrepreneur law; inspections; inspection authority; objections;
Summary/Abstract: Objection to inspection activities is a special legal instrument that allows an entrepreneur to react in a situation where inspection activities have been undertaken and conducted in violation of the regulations governing the rules and procedures for such inspections of business activities. This study analyses this instru- ment, in particular the possibility of filing an objection and exclusions in this regard, authorized entities, the issue of quasi-objections, the effects that the objection cau- ses or may cause, the rules of procedure for the filing and resolution of the objection, as well as the issues of complaints against the decision to continue controlling acti- vities and complaints to the administrative court. In addition to the analysis of legal provisions creating the normative construction of objection to inspection activities, the study includes related assessments, conclusions and findings of doctrine and jurisprudence. The study answers the question of whether an objection to inspection activities is an effective and available instrument to protect the entrepreneur in a situ-ation where inspection activities are conducted in violation of regulations.
Journal: Białostockie Studia Prawnicze
- Issue Year: 4/2023
- Issue No: 28
- Page Range: 69-89
- Page Count: 21
- Language: Polish