From Encyklopedia Administracji Publicznej
Revision as of 21:53, 27 May 2018 by Administracja (talk | contribs) (Utworzono nową stronę "'''CERTIFICATE''' – an official document confirming a certain factual or legal situation, issued by the appropriate public administration body. The principle of presum...")
CERTIFICATE – an official document confirming a certain factual or legal situation, issued by the appropriate public administration body. The principle of presumption that content certified by the proper administration body on the c. is true is in force since the content of the c. refers to what has already been confirmed or granted (the right, the obligation) in a decision (constitutive or declaratory) or in another individual legal act. In such a sense, the c. can change a person’s actual situation without increasing or limiting the scope of their rights and obligations. A c. may also be issued by an administration body in the form of an electronic document bearing a secure electronic signature. In the Polish regulations of the administrative proceedings, issuing of a c. is subject to the submission of an application by the entity concerned and the disclosure of the legal interest or legal basis thereof. The content of a c. is restricted due to access to data held by the body (e.g., records, registers). The laws define the time limit for issuing a c. The date of initiation of the procedure for issuing a c. is deemed to be the date of service of the request to the competent body. The proceedings should be finalized immediately, i.e. at the first time possible to resolve the matter, no later than seven days after its initiation. The refusal to issue a c. by the body of the first instance is made in the form of a decision. This decision is subject to appeal to the higher level administration body. In the event of upholding the decision by the higher body, the party is entitled to file a complaint to the administrative court [ E. Sękowska-Grodzicka ].
Literature: K. Chorąży, Z. Kmiecik, Wydawanie zaświadczeń – kwestie nierozstrzygnięte w literaturze [Issuing certificates – issues not resolved in the literature], „Samorząd Terytorialny” 2000; no. 6 ■ Kodeks postępowania administracyjnego. Komentarz dla praktyków [Code of Administrative Procedure. A commentary for practitioners], ed. L. Klat-Wertelecka, A. Mudrecki, Gdańsk 2012.