Sprawność kontroli przedsiębiorcy – uwagi de lege lata i de lege ferenda
Efficiency of entrepreneur’s inspection – comments de lege lata and de lege ferenda

Summary/Abstract: The subject of the article is the legal regulation of the conduct of inspections in an efficient and non-disruptive manner for entrepreneurs. The purpose of the paper is to analyze the provisions adopted in Chapter 5 of the Entrepreneurs Law from 6 March 2018, entitled Restrictions on inspection of business activity, from the point of view of the implementation of the principle of efficiency of inspection proceedings, referred to in Article 52 of the Law. The author discusses the rules on the proper notification of the business of the initiation of inspection proceedings, the limits on the duration of the inspection, the rules on the time and place of the inspection, as well as the issue of the prohibition of concurrence of inspections. Based on the analysis of the Polish legislation, a postulate was formulated to refrain from introducing new exemptions and derogations from the current rules of control and legal solutions were proposed that could positively affect the realization of control efficiency. As noted, the current legislation, as well as the accepted practice, in principle allows to claim that the legislation de facto and de iure does not protect entrepreneurs from excessive inconvenience of control proceedings.

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