POSTĘPOWANIE ADMINISTRACYJNE SZCZEGÓLNE W SPRAWIE PONOWNEGO POCHÓWKU EKSHUMOWANYCH ZWŁOK LUB SZCZĄTKÓW LUDZKICH – OFIAR TOTALITARYZMÓW I CZYSTEK ETNICZNYCH
SPECIAL ADMINISTRATIVE PROCEDURE FOR REBURIALS EXHUMED CORPSES OR HUMAN REMAINS - VICTIMS OF TOTALITARIANISM AND ETHNIC CLEANSING
Author(s): Jan DytkoSubject(s): Law, Constitution, Jurisprudence
Published by: Międzynarodowy Instytut Innowacji "Nauka - Edukacja - Rozwój"
Keywords: administrative proceedings; procedure; exhumation; re-reburial
Summary/Abstract: The Institute of National Remembrance searches for places of rest for those who died in the struggle for independence, especially those who lost their lives as a result of the imposed totali-tarian system or ethnic cleansing. The discovery of the corpses or remains of such people justi-fies their exhumation and, after appropriate research, their reburial. It may take place at the same cemetery where the exhumation was carried out, but in a different place, and in case of closing this cemetery at another cemetery. The place of the reburial is decided by the governor by way of an administrative decision, which can be appealed to the minister in charge of public admin-istration. The decision about the reburial is preceded by negotiations, which include the place of burial or construction or restoration of the grave. The prognosis includes the spouse, descend-ants, ascendants or other persons who buried the deceased, and in the absence of such persons, side relatives to the third degree of kinship. They are also parties to the burial procedure, which is a special administrative procedure. In these proceedings, the provisions of the Code of Ad-ministrative Proceedings apply in an alternative way. The aim of the study is to present and analyze the normative material regulating the issues related to the re-burial by emphasizing the successive activities that result in a specific administrative procedure.
Journal: International Journal of Legal Studies (IJOLS)
- Issue Year: 9/2021
- Issue No: 1
- Page Range: 123-138
- Page Count: 16
- Language: English, Polish