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Mgr Aleksander Hyżorek
ORCID: 0000-0003-0433-1643

Master's degree in law, assistant at the Faculty of Psychology and Law in Poznań and at the Institute of Law at SWPS University. Author of publications in the field of law and administrative proceedings.

 
DOI: 10.33226/0137-5490.2023.11.4
JEL: K22, K23

The lawful action of public administration bodies is one of the basic principles of a democratic state under the rule of law. Entrepreneurs must have certainty before the law, as well as before the expected actions of public administration bodies. One of the key institutions providing entrepreneurs with the possibility to conduct their business uninterruptedly is the institution of succession – universal and singular and the related legal succession in the administrative-legal sphere. However, while the principles of succession are clear and follow directly from the provisions of the law, the actions of the bodies of the Polish Waters in relation to the institution of legal succession – as can be seen from the authors' experience as attorneys in proceedings conducted by the above-mentioned bodies – are often inconsistent with the regulations. The article will address the key problems arising in the practice of authorities competent in matters of water permits, including those related to confirmation of the transfer of rights and obligations arising from the water permit and its transfer. Unacceptable, in the authors' opinion, practice resulting from the authorities' actions will be indicated. Model actions that should be applied by the authorities in cases of legal succession in water law permits will also be described.

Keywords: water permit; assumption of rights and obligations; administrative-legal succession; legal succession; transfer of water permit
DOI: 10.33226/0032-6186.2023.8.8
JEL: K31, K23

The considerations undertaken in the article concern the problem of regulation of the profession of psychotherapist. This issue has been analysed first of all in order to establish the legal status of the mentioned profession de lege lata. The findings confirmed the lack of regulation in this area. As a result, an attempt has been made to assess whether this profession can potentially fulfil the determinants of a free profession, as well as how this profession differs from the professions of a psychiatrist and a psychologist. The author also analyses the issue of freedom of choice and exercise of a profession, as well as the legal possibilities of limiting this freedom – assessing the regulation presented in the text. The article also describes an empirical study which shows that the vast majority of people practising psychotherapists and taking part in the study gave a positive answer to the question whether Polish psychotherapists need legal regulation of this profession. As a result of the analysis, there is an opinion that there is a need to institutionalize the profession of psychotherapist and there are de lege ferenda conclusions as to the potential direction of the legislator's actions and the areas that should be taken into consideration while drafting a law regulating the functioning of this profession.

Keywords: psychotherapy profession; free profession; freedom of choice and exercise of profession; restriction of freedom of choice; institutionalisation of psychotherapy profession.