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Military Law in the Republic of Poland

Kamiński Mariusz Antoni

Safety & Defense

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2019

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2

28--34

EN

The article presents an analysis of military law in the legal system of the Republic of Poland. On the one hand, it is a very specialized area of law, and on the other, it is a very extensive field regulated in several hundred national legal acts of varying importance (universally and internally binding), as well as by international law. The author attempts to organize the subject matter of military law and to specify its elements divided into subject-specific blocks. At the same time, in order to ensure a better understanding of the nature of military law, the article discusses the role of the Armed Forces of the Republic of Poland in times of peace, crisis, and war. The author used critical analysis of literature on legal science and security sciences, and source materials: mainly acts of universally binding law (the Constitution, acts, and regulations), as well as acts of internally binding law (instructions, ordinances, resolutions, decisions, guidelines, and agreements of various state authorities).

2

Prawomocne skazanie żołnierza zawodowego a dostęp do informacji niejawnych w świetle wejścia w życie nowej ustawy o ochronie informacji niejawnych

Stepnowska-Michaluk M.

Zeszyty Naukowe AON

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2011

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nr 2(83)

178-193

EN

The author of the article discusses some problems connected with applying regulations of a new law on 5 August 2011 on Confidential Information Protection in relation to the influence of legally valid professional soldier’s sentence on his/her access to confidential information. It is concluded that majority of vagueness or legal loopholes appearing in the old law exist in the new one.

3

Dyscyplinarny środek zapobiegawczy niedopuszczenia do wykonywania czynności służbowych w świetle ustawy z dnia 9 października 2009 r. o dyscyplinie wojskowej

Tokarski M.

Zeszyty Naukowe AON

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2011

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nr 1(82)

237-254

EN

The latest Law on Military Discipline of 9 October 2009 introduced some innovations to the practice of discipline. Among others, it categorically opposed to the tradition of alcohol cult in military service in any form and dangers resulting from alcohol drinking, drug or a similar agent abuse in connection with performing military service. Consequently, the superior is legally authorized not to allow a soldier to perform his/her duties. According to the Law, the superior’s right not to allow performing duties arises the moment the superior suspects that a soldier is in the state of intoxication after drinking alcohol, taking drugs or a similar agent. The law also contains precisely defined procedures how a superior should behave towards a subordinate soldier as regards not allowing performing duties which guarantee unjustified abuse of this right according to the binding law.

4

Podstawy prawne udziału Sił Zbrojnych RP w operacjach pokojowych

Miler A.

Zeszyty Naukowe AON

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2010

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nr 3(80)

179-195

EN

The article features legal bases of Polish Armed Forces’ participation in peace missions organized by international organizations such as the UN, OSCE, NATO and EU. The Polish Republic’s competences and executive processes are mentioned and also soldiers’ rights, as well as Polish Military Contingent’s financing outside the country are described.

5

Obowiązki dowódcy jednostki wojskowej jednostki budżetowej w zakresie kontroli finansowej i audytu wewnętrznego z punktu widzenia obowiązującego prawa

Stańczyk K.

Zeszyty Naukowe AON

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2006

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nr 1(62)

177-196

EN

In a military unit running its finances itself, it is necessary to establish an effective system of control and supervision apart from defining the principles of financial activities and economy. Among many different solutions and legal institutions aiming at ensuring correct public spending economy, including financial economy of military units running their own finances, there are legal and organizational institutions of financial control and internal audit. In a military unit that runs its finances itself, financial control and internal audit (should) create a coherent control and supervision system which is integrated with current military unit’s activity and affecting the budget means’ rationality, transparency and responsibility of management as well as spending and running the economy of the entrusted public property. Commanders of military units that run their finances themselves play a crucial role in this area. It is them who are responsible for the unit’s financial economy and they often make decisions how to use public means. Both financial control and internal audit create possibilities to improve the effectiveness of public spending economy of particular military units, especially in the area of increasing the efficiency of conducting tasks that public means were assigned to. Therefore skillful and competent use of these solutions and institutions will undoubtedly increase the command quality and control and effectively strengthen the position of a military unit's commander dealing with public means.

6

Radzieckie Wojska Wewnętrzne w walce z podziemiem ukraińskim w latach 1944-1947. Struktura i metody działania w świetle obowiązujących regulaminów

Palski Z.

Zeszyty Naukowe AON

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2004

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nr 3(56)A Numer specjalny

44-67

EN

In the article the author presents Russian Interior Troops fighting against Ukrainian Underground in 1944-1947, their structure, methods and principles of their activities and the subsequent phases of their re-organisation. He also lists the possibilities of avoiding UPA (Ukrainian Partisan Army) attacks, drawing particular attention to the security of marching in various conditions. The author describes the characteristic features of Reconnaissance and Search Group’s activities, its organisation and UPA troops’ methods of conducting actions.