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Dr hab. Marian Masternak, prof. uczelni
ORCID: 0000-0002-2671-9158

Associate professor at the Faculty of Law and Economics of the Kazimierz Wielki University in Bydgoszcz (previously an employee of Nicolaus Copernicus University in Toruń), specializing in administrative law, general and tax administrative proceedings, enforcement proceedings in administration and administrative court proceedings. He is the author and co-author of over 130 works in this field, including monographs, articles, studies, glosses, papers, encyclopedia entries and academic textbooks.

 
DOI: 10.33226/0137-5490.2025.2.1
JEL: K40

The article is a voice in the discussion on the need to replace the nearly 59-year-old Act on Enforcement Procedure in Administration with a new codification of administrative enforcement proceedings. The author points out the basic flaws of the current legal regulation and attempts to answer some questions regarding new legal solutions: whether the codification of enforcement proceedings should be, as it has been so far, unified or two-track, what rank and title should be given to the act codifying this procedure, how the general principles of administrative enforcement proceedings should be shaped, what changes should be introduced in the scope of initiation and course of these proceedings, and also how the legal position of entities participating in these proceedings should be shaped.

Keywords: administrative enforcement; enforcement proceedings in administration; codification of administrative enforcement proceedings
DOI: 10.33226/0137-5490.2020.4.3
JEL: K230

The subject of the article is the analysis of legal regulations regarding the rules of forced execution of public law obligations after the death of an entrepreneur by way of administrative execution directed to the assets constituting the inherited enterprise. These rules are different depending on whether the entrepreneur's death occurred during the pending enforcement proceedings or before the initiation of such proceedings. In the first case, after fulfilling the conditions specified in the law, the enforcement proceedings are continued, whereas the enforcement may be carried out only from assets constituting the inherited enterprise. In the second, in order to carry out enforcement from the inheritance enterprise's assets, administrative enforcement proceedings are initiated on a general basis. In both these situations the rights and obligations of the obligated are exercised by the manager of inheritance enterprise.

Keywords: inheritance enterprise; manager of inheritance enterprise; administrative enforcement proceedings