Use of information technologies in administrative evidence proceedings – selected issues

Abstract

The article deals with the basic issues related to the use of modern information and communication
solutions in administrative evidence proceedings. The assessment of the functionality of
the electronic document, referred to in Article 3(2) in conjunction with Article 3(1) of the Act on
Informatisation of the Activities of Entities Performing Public Tasks in administrative evidence proceedings,
in the context of changes in the Code of Administrative Procedure resulting from the Act
on Electronic Delivery of Documents, was treated as particularly important. In connection with the
resignation – as a result of the amendment – from using i.e., the following terms: “electronic document”,
“form of an electronic document” within the meaning of the Act on Informatisation of the
Activities of Entities Performing Public Tasks, the assessment of the legal character of an electronic
document in administrative proceedings becomes an even more complex legal issue than it used
to be. It is therefore fundamental to define the semantic scope of the term “electronic document” in
legal terms in the context of regulations of the Code and to assess its essence and function in the
phase of administrative evidence proceedings. In particular, it will be crucial to determine the relationship
between the “document recorded in electronic form” within the meaning of Article 14 § 1a
of the Code of Administrative Procedure and the “electronic document”, as well as between it and
the document in electronic form admitted as evidence and other evidence recorded electronically in
the administrative evidence procedure.