Unity of Law Enforcement and State Liability in the Context of Official Clarifications of Legislation

The article addresses the issue of ensuring unity of law enforcement when public authorities and their officials rely on official clarifications of legislation. It examines the legal nature of such clarifications and their place among the forms of implementing law, and identifies the risks of inconsistent administrative practice capable of undermining legal certainty and public trust in the state. The study substantiates the need to distinguish between normative and individual clarifications, to comply with requirements as to competence and the form of the clarifying act, and to prevent any deterioration of the legal position of a bona fide addressee acting on the basis of an official position. General guidelines are proposed for state liability for damage caused by erroneous clarifications, and the importance of judicial protection and the legal positions of higher courts for maintaining consistent practice is emphasized.