The article considers the organizational and legal framework for ensuring the right of access to public information in Ukraine. The positive tendencies of legal support of realization of this public right of physical persons and shortcomings of the legal practice revealed in this sphere are defined. It was found that the object of influence of the administrative and legal mechanism to ensure the exercise of the right of access to public information is public relations in the field of satisfaction of the right of access to public information, by creating opportunities for free access to statistics, archives, libraries and museums. , other information banks, databases, information resources, information on the powers and activities of the subjects of power. Forms, methods and means of ensuring the right of access to the public are described. It was found that the purpose of the administrative and legal mechanism to ensure the exercise of the right of access to public information is to create conditions under which every individual can freely exercise the right of access to public information. The author’s definition of the key concept of a scientific article is offered.

Gloss to the Decision of the Supreme Court of 28 November 2019, file reference number III CSK 275/17

The thesis expressed in the glossed judgment that the poviat bears sole responsibility for the damage caused by the issuing of a defective administrative decision by the starost as part of the architectural and construction administration is, in principle, correct. However, this responsibility does not result – as the Court assumed in the commented judgment – from the nature of the tasks performed by the starost, but from the current legal regulations contained in the Civil Code (Art. 417 § 2). Incorrect determination of the nature of the tasks in the field of architectural and construction administration resulted in the dismissal of claims for damages against the State Treasury and local government unit despite the fact that at the time when the decision on the building permit was taken, Art. 4202 of the Civil Code, providing for joint liability of the State Treasury and of a local government unit for damages caused in the performance of government administration tasks specified by law, was in force.

“Under the Authority of the Republic” – Considerations about the Article 37 of the Polish Constitution

The aim of the publication is the clarification of the formulation “under the authority of the Republic” used in Article 37 of the Constitution of the Republic of Poland. This provision was inspired by analogical clauses inserted to international human rights treaties. The formula under consideration pertains to the complete sphere of Polish territorial jurisdiction as well as to the sphere of Poland’s effective extraterritorial jurisdiction. Submission to the authority is a gradable quality and concerns not so much persons but rather legal and factual situations with their involvement. The scope of rights which have to be guaranteed to a specific person is defined by the principle of adequacy between effective power and constitutional rights.