Rozstrzygnięcia w postępowaniach o uzyskanie dofinansowania od Narodowego Centrum Nauki i Narodowego Centrum Badań i Rozwoju w świetle ustawy z dnia 20 lipca 2017 r. o zmianie ustawy o zasadach finansowania nauki oraz niektórych innych ustaw
Development in the light of the Act of 20 July 2017 amending the Act on the principles of financing science and other acts

Summary/Abstract: Decisions in proceedings for obtaining grants from the National Science Center and the National Center for Research and In the amendment of 25 July 2017, the legislator, taking into account the growing doubts in the case law, decided on the scope of application of the administrative proceedings code in the proceedings for obtaining grants from the National Center for Research and Development and the National Science Center. The legislator, after a long period of uncertainty, decided that to the above-mentioned proceedings administrative proceedings code should apply, with the significant part of the provisions of this procedure being excluded. The abovementioned rule has a direct impact on the legal nature of the decision issued by the Director of the National Center for Research and Development and the Director of the National Science Center. The provisions introduced by the Amending Act ultimately determine that such decisions do not have the character of administrative decisions within the meaning of administrative proceedings code. Nevertheless, such acts can still be qualified as individual administrative acts, because they have certain hallmarks of authority, they are unilateral, individual and specific. The amendment did not change the essence of proceedings conducted before the National Center for Research and Development and the National Science Center - they are still two-staged and the conclusion of the contract is preceded by an act of public administration activity (in this case, an individual administrative act). Revised provisions regulating proceedings before the National Center for Research and Development and the National Science

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