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Dr Adam Ostapski
ORCID: 0000-0002-9365-9415

Doctor of law, a member of the Self-Government Board of Appeal in Wrocław, and by author (coauthor) of many publications in the field of law and administrative proceedings, including the monograph Akty prawa miejscowego stanowione przez terenowe organy administracji rządowej (Acts of local law enacted by territorial organs of government administration, 2008) and the textbook Ustrój samorządu terytorialnego w Polsce (System of territorial self-government in Poland, 2020).

DOI: 10.33226/0137-5490.2024.5.7
JEL: K23

The purpose of the gloss is basically a critical evaluation presented by Supreme Administrative Court to the interpretation art. 37at para. 8 Act of 6 September 2001 – Pharmaceutical Law, which is one of the legal bases for supervising regulated economic activity by the organs of the State Pharmaceutical Inspection. Summons by the State Pharmaceutical Inspection to submit documents by entrepreneur may be based on various legal provisions, which determine the consequences of non-compliance. Keywords: control, inspection, supervision, State Pharmaceutical Inspection, economic activity.

Keywords: control; inspection; supervision; State Pharmaceutical Inspection; economic activity
DOI: 10.33226/0137-5490.2023.5.5
JEL: K23

Supreme Administrative Court takes the position that from the provisions of the Act on upbringing in sobriety and counteracting alcoholism, it is not possible to derive a prohibition on the sale of alcoholic beverages by the entrepreneur from the point of sale specified in the permit by electronic means of communication. This view cannot be accepted, first of all, due to the applicable provisions of public and private law, and in particular for the purposes of rationing of the sale of alcoholic beverages. At the same time, from the considerations of the Supreme Administrative Court in the justification of the judgment under review, it appears that its source was primarily the faulty identification of the form of the legal act, which is the form of the sales contract, with the manner in which the buyer chooses a contractor. The purpose of the gloss is to critically address the SAC's interpretation of the legal provisions that form the basis for rationing the sale of alcoholic beverages by an entrepreneur.

Keywords: alcohol sale agreement; permission to sell alcoholic beverages; business activity; form of the sale agreement; place of sale