Konstrukcja prawa sanitarnego w okresie PRL

Abstrakt

The object of the study is to present the legal construction of sanitary law during the existence of People’s Republic of Poland. To this end, extensive remarks have been made on the distinction of sanitary law from the perspective of the key features of administrative law and an attempt has been made to define sanitary law. It has been established that, despite its numerous distinctive features, sanitary law still belongs to the system of substantive administrative law. Two developmental currents of sanitary law during this period were indicated. The first was the systematic development of regulation, both in terms of detail and substantive layer, as well as the number of regulatory acts. The second manifested itself in the independence of the public law branches covered by the pre-war sanitary law and their exclusion from the competence of the sanitary administration. The process of changes in sanitary law, especially at the material-legal level in the period after the World War II, was called in the pages of this article the disintegration of sanitary law. The thesis has been put forward that, in terms of the system, the sanitary administration in a certain sense “owes” its existence to the period of the People’s Republic of Poland; the structure and levels of sanitary-epidemiological stations shaped during this period still function. The contemporary sanitary law is a peculiar hybrid of legal solutions partly from the inter-war period and partly from the period of the People’s Republic of Poland, however, while the inter-war period was characterised by a considerable - for those times - integration of the system, in the period of the People’s Republic of Poland the political doctrine of the centralised state, by means of adopted decrees and laws, did not consolidate the framework of sanitary law developed before the outbreak of the World War II.