Postępowanie dotyczące przyznawania pomocy fi nansowej w ramach działań objętych Programem Rozwoju Obszarów Wiejskich

Abstract

Measures implemented in Poland under the Rural development programs (RDP) can significantly contribute to improving the competitiveness of the polish agricultural sector. One of the factors affecting the effective implementation of the RDP are the legal procedures used for the granting of financial support. The article discusses the procedure for granting financial support from RDP adopted in the Polish legislation. The discussion leads to the conclusion that fully justified is the solution in which in some measures the financial support is granted on the basis of an administrative decision, and in another measures on the basis of agreement. The article criticizes the scope of changes to the provisions of the Code of Administrative Procedure, made for the granting of financial support. The above– mentioned changes on the one hand does not simplify the procedures granting of financial support, and on the other hand, definitely weaken the legal situation of the applicant, which is not justified by the principle of proportionality. The author concludes that the procedures adopted by the Polish legislator are mainly aimed at protecting the financial interests of the EU, but does not take into account the need to support the development of the competitiveness of the Polish agricultural sector.