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Dr hab. Marek Pogonowski
ORCID: 0000-0002-2965-9576

Associate Professor of social studies, doctor of legal sciences, Professor at the Faculty of Humanities of the Koszalin University of Technology. Practice in the field of administrative proceedings and the social security law. Author of scientific publications in the field of law social insurance and social security.

 
DOI: 10.33226/0032-6186.2023.12.6
JEL: K31

The purpose of the publication is to pay attention to the legal and factual effects of information provided in relations between the public administration and the party to proceedings in cases of social insurance. Considerations were based on two cases conducted in administrative proceedings and then in court proceedings. In the first case, it was assumed that not every incorrect information provided by a public administration body may be considered unlawful and result in liability under civil law. In the second case, reference was made to the effects of knowingly misleading the authority paying sickness and maternity the benefits as to the facts of actual business activity.

Keywords: information obligation; incorrect information; liability for misrepresentation; administrative proceedings; social insurance law; civil law
DOI: 10.33226/0032-6186.2022.10.5
JEL: K31

This article refers to the issues related to the possibility of withdrawing an application for granting an old-age pension, submitted under the rules recognized by the Constitutional Tribunal as inconsistent with the Constitution of the Republic of Poland. Against the background of the facts concerning women born in 1953, selected provisions of social security law,  civil law and the law on administrative proceedings were analyzed.  This   allowed   for   the   formulation   of   a conclusion that it isn't possible to withdraw the application for a pension in a situation leading to unjustified privileging of people initially aggrieved by unconstitutional provisions.  It's  unlawful  to  demand a benefit much higher than that, which would be due to other persons applying for the benefit at the same time and in the same factual situation, only on  the basis of provisions consistent with the Constitution of the Republic of Poland.

Keywords: social security law; administrative proceedings; the judgement of the Constitutional Tribunal; insured born in 1953; unauthorized use of benefits
DOI: 10.33226/0032-6186.2020.10.5
JEL: K31

One of the mechanisms facilitating a payer of contributions for social insurance to fulfillment of his obligations to the social insurance system is their cancellation. Legal solutions adopted in order to counteract the effects of the pandemic COVID-19 define the effects of the cancellation of certain contributions dues in a different way than before. The author presenting the rules of the cancellation for the social insurance contributions, defined by the provisions of the Act of 13 October 1998 on the social insurance system, other legal acts, referred to as "abolition acts", indicates the consequences of differences between them and the covid provisions. The author also formulates de lege ferenda conclusions, which may be important in the future, not only due to the current pandemic, but also other phenomena affecting the economic, health and social security of society.

Keywords: cancellation of contributions; COVID-19; social security; legal structures of the social insurance system; social policy