Dowód z opinii biegłego w postępowaniu administracyjnym na przykładzie postępowania w sprawie naruszenia stanu wody na gruncie
Evidence from an expert opinion in administrative proceedings, using the example of proceedings concerning violations of the water status on land
Author(s): Agnieszka SznajderSubject(s): Environmental and Energy policy, Law on Economics, Administrative Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: water law; hydrologist; water relations;
Summary/Abstract: Evidence from an expert opinion in administrative proceedings, using the example of proceedings concerning violations of the water status on land This publication focuses on presenting the role of expert evidence in cases involving water damage. The research objective is to identify significant practical issues related to the nature of the evidence in question, including the scope of taking this evidence, the binding nature of the authority issued by the opinion, the expert's specialization, and the entity obligated to cover the costs of the opinion. Within the selected research topic, the provisions of water law, legal doctrine, and administrative court case law were analyzed. Inquiries were also sent to the authorities conducting the proceedings in question, aimed at obtaining information on the practical application of expert evidence. The analysis concluded that expert evidence is generally mandatory. However, in practice, such evidence is not always required. The reasons for this may vary, but the prevailing argument is the financial burden associated with covering the expert's fees for preparing the opinion.
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 37/2025
- Issue No: 2
- Page Range: 267-282
- Page Count: 16
- Language: Polish
