CHARAKTER PRAWNY POSTĘPOWANIA REHABILITACYJNEGO OKREŚLONEGO USTAWĄ Z DNIA 23.02.1991 r.
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Date
2001
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Wydział Prawa i Administracji UAM
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THE LEGAL CHARACTER OF REHABILITATION PROCEEDINGS UNDER THE ACT OF THE 23rd FEBRUARY 1991
Abstract
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.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 4, s. 121-142