Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2001, nr 4

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CHARAKTER PRAWNY POSTĘPOWANIA REHABILITACYJNEGO OKREŚLONEGO USTAWĄ Z DNIA 23.02.1991 r.
(Wydział Prawa i Administracji UAM, 2001) Sychta, Katarzyna
The fact of applying the principle of invalidity to rehabilitate persecuted persons raises a number o f doubts about the legal validity of the repressing verdict. The underlying assumption of invalidity is that a given verdict is considered non-existent in the light of the law, that is unable to have the intended legal effect. Such a condition is legally invalidated from the moment of making the decision, not from the moment of issuing the decree on invalidity. Through the analysis of this and some other features of rehabilitation process normalization, the Author arrives at the conclusion that there is a need to separate the institution used to invalidate a given category o f verdicts from the mode of the invalidation. The institution of unconditional invalidity is significant only i f a repressing verdict is invalidated through a trial. The sole fact of its application determines the sort o f verdict issued in the course of the proceedings (decision), as well as the forum where it is issued (session), the decision taken (the pronouncement o f invalidity or a refusal to pronounce it), and the mode in which the legal status of the repressing verdict is lost. By no means does this institution affect the legal character of the proceedings in which the invalidity is pronounced.