The provincial governor’s substitute order versus explanatory and evidentiary proceedings.Critical analysis based on the jurisprudence of administrative courts
Zarządzenie zastępcze wojewody a postępowanie wyjaśniające i dowodowe. Analiza krytyczna na tle orzecznictwa sądów administracyjnych

Summary/Abstract: A substitute order is a special measure of supervision used in decentralized administration; as it replaces an act or activity of a competent body of a local government. In the jurisprudence of administrative courts; whose jurisdiction has been subject to review of the legality of the supervisory measures; there is a claim; that the supervisory authority; when issuing a substitute order; is obliged to seek to establish the substantive truth based on the rules of evidence proceedings resulting from the regulations of general administrative proceedings. This study argues with such a view; both due to the specific nature of the supervisory procedure and the lack of grounds for applying procedural directives resulting from the principle of substantive truth (occurring in administrative jurisdictional proceedings). The analytical material was the provisions of the so-called decommunization act because it is on their basis that the issues that are the subject of the presented research are clearly visible.

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