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Dr Marlena Kruszyńska-Kośmicka
ORCID: 0000-0001-9176-3238

PhD in law, Assistant Professor at the Faculty of Law and Administration of Adam Mickiewicz University in Poznań, legal counsel. Senior Associate at SMM LEGAL responsible for the area of administrative law.

 
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