Water-Law Settlement as a Special Consensual Form of Administration Activity Cover Image

Ugoda wodnoprawna jako szczególna konsensualna forma działania administracji
Water-Law Settlement as a Special Consensual Form of Administration Activity

Author(s): Przemysław Niemczuk
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: administration; administrative law; water law; water status on ground; settlement; water law settlement

Summary/Abstract: The subject of this article is water law settlement as a special consensual form of administration activity. The thesis setting the direction of consideration is the assumption that the water law settlement is different from the administrative settlement; that these are two different legal forms of administrative activity showing their specificity, based on other provisions, both procedural and substantive. Water law settlement referred to in art. 235 of the Water Law, is of a different nature than the administrative settlement regulated in chapter 8 of the Code of Administrative Procedure. First of all, unlike the administrative settlement, it is an independent legal form. The proceedings initiated pursuant to art. 235 of the Water Law is aimed at concluding a water law settlement. Therefore, this settlement is not an alternative form of settling the case, but is the purpose of the proceedings. The issues of water law settlement are on the margins of interest in legal science. What's more, despite the fact that the water law settlement has existed for almost twenty years, the practice of its application is negligible. It seems that this is the effect of a small degree of knowledge of this legal form.

  • Issue Year: 30/2020
  • Issue No: 2
  • Page Range: 51-63
  • Page Count: 13
  • Language: Polish