Browsing by Author "Kułak-Krzysiak, Katarzyna"

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    Mediation as Means of Communication for Public Administration in Settling Administrative Disputes
    (Wydawnictwo KUL, 2023) Kułak-Krzysiak, Katarzyna; Śwital, Paweł
    Nowadays solutions are sought for public adminis­tration to involve citisens in decision-making as one of the ways of promoting the development of civil society and thus to fos­ter democratic forms of government. Public administration is looking for efficient methods of resolving administrative dis­putes. Administrative mediation serving the purpose of ensur­ing proper communication between the parties to administra­tive proceedings is one of such methods. Mediation in public administration hinges upon the definition of communication rules. The aim of this paper is to define communication from the perspective of legal science and discuss its application in the administrative mediation proceedings. In this article, we discuss the essence, the subject matter and the object of medi­ation as well as the legal regulations governing the mediation procedure and consider the possibility of applying mediation to the administrative procedure, as exemplified by the related case law. The study has been conducted by means of the legal research methods, in particular the legal-dogmatic approach and the legal functionalism approach.
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    Positive Silence To The Removal Of Trees – An Analysis Of A Legal Institution
    (Wydawnictwo KUL, 2019) Haładyj, Anna; Kułak-Krzysiak, Katarzyna
    The authorisation for removing trees constituting a common nature protection instrument was supplemented in 2017 by the obligation to notify the intention to remove trees. The right to notify and object to the intention of tree removal corresponds conceptually to the model of positive silence provided for in the amended Code of Administrative Procedure as one of the ways of administrative silence. Our objective is to analyse procedural solutions and the substantive institution of environmental protection law which consists in a notification from the point of view of assessing the correctness of its application when considering law science and administrative proceedings.