SIŁA ARGUMENTÓW CZY ARGUMENT SIŁY? ROZWAŻANIA PRAWNE NA KANWIE ART. 11 KODEKSU POSTĘPOWANIA ADMINISTRACYJNEGO
FORCE OF ARGUMENT OR ARGUMENT OF FORCE? LEGAL CONSIDERATIONS BASED ON ARTICLE 11 OF THE CODE OF ADMINISTRATIVE PROCEDURE

Summary/Abstract: According to Article 6 of the Code of Administrative Procedure, public administration bodies act based on legal regulations. The principle of the rule of law expressed in this way gives public authorities one objective - to perform an obligation imposed on a party to administrative proceedings on the basis of specific legal regulations. This is a normal relationship in the area of public law, in which the position of the administering authority is superior to the administered authority. However, there is a tendency for public administration bodies to reach for the principle located in Article 11 of the Code of Administrative Procedure, referred to as the principle of persuasion, whose task is to persuade a party to the proceedings of the legitimacy of the behaviour required by law, which, in accordance with the will of the legislator, allows for the activation of coercive measures to be omitted. The present analysis is focused on an attempt to answer the title question of this work. The considerations undertaken in the paper focus on the advantages and disadvantages of one of the main principles of Polish administrative procedure, which is the principle of persuasion. The paper uses a dogmatic-legal method and an axiological method. The former made it possible to analyse the provisions cited in the paper and the views of doctrine representatives. The axiological method made it possible to focus on the values underlying the legal norm derived from Article 11 of the Code of Civil Procedure. With its help, the values that the legislator wanted to protect were analysed by establishing the principle of persuasion in the general provisions of the Code of Civil Procedure. The considerations made in the study prove the superiority of the title 'force of arguments', specifying the settlement of cases not only on the basis of purely factual premises, often unfavourable to one party in the proceedings, but also motivating such actions on the basis of axiology. This coherence will translate into fiscal factors in the form of not proceeding with a case at a higher instance, because less parties will lodge appeals, as well as improving the image of the public administration body itself, applying a principle from the field of conciliation, namely the principle of persuasion. In spite of the proven facts, the unpredictable so-called human factor should be taken into account, causing that even the best persuasion addressed to the addressee (party) of the administrative proceedings will not (always) have the expected effect. In this situation, public administration bodies are left only with the "argument of force".

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