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Prof. dr hab. Grzegorz Łaszczyca
ORCID: 0000-0002-9846-8538

University of Silesia in Katowice, Head of the Research Team for Administrative Procedural Law Institutions. Attorney-at-law. Author and co-author of many publications in the field of administrative proceedings. Editor and co-author of the Administrative Law Procedural System (2017–2021) and the Administrative Courts Law System (2023–2025).

 
DOI: 10.33226/0137-5490.2026.4.1
JEL: K40

The author attempts to define the legal nature of proceedings for issuing a decision on the initiation of resolution. He uses the provisions of the Code of Administrative Procedure and the Act on the Bank Guarantee Fund. Consequently, he considers these proceedings to be special administrative proceedings. This is supported by both subjective criteria (the specific nature of the entities involved in the proceedings) and objective criteria (the case relating to a state of higher necessity, significant socio-economic consequences). The author characterizes the excluded procedural standards (the right of defense, the right of appeal) and the standards observed in these proceedings. He concludes that, for individual cases of resolution, the legislator has recognized the values arising from substantive law as the primary principles.

Keywords: resolution; special administrative proceedings; Bank Guarantee Fund