The draft amendment of the Regulation of the Ministry of Interior and Administration (MSWIA) introduces revolutionary changes in the powers of the Border Guard. shortly the officers of this formation will be able to impose fines for offences which have so far required the engagement of another services or more complex procedures. The most crucial modifications concern the ban on shooting border infrastructure and stricter penalties for violations of abroad employment regulations. These changes, to enter into force any day after the announcement, mean concrete consequences for citizens and entrepreneurs in Poland.
No more uncontrollable shooting. Where's the ban?
One of the key changes is the extension of Border defender powers to punish shooting without permission. This is peculiarly crucial for the safety or defence of the state. This applies primarily to Border defender infrastructure, border crossings and another facilities where officers execute their statutory tasks. Under the fresh regulations, a individual who unauthorised photographing, filming or otherwise perpetuating specified places may be fined. The crucial thing is that these objects must be clearly marked with a sign of no shooting.
The legal basis for these activities is the Ministry of Defence (MON) regulation on the prohibition of shooting critical infrastructure, as well as the sanctions contained in the Law on Defence of Homeland. Thus far, the violation of this prohibition may have resulted in detention or fines, but was not included in the list of offences for which the Border defender could straight impose fines. Thanks to the revision of the Ministry of abroad Affairs, the Border defender has gained a tool for rapid and effective response for specified incidents, eliminating the request to affect another services.
High penalties for hiring foreigners. Even 10 000 PLN of the mandate
The fresh regulation of the Ministry of abroad Affairs besides takes into account the provisions introduced by the Act on Conditions of Admissibility to entrust work to foreigners in the territory of Poland. That means the Border defender has gained competence to impose fines in mandate proceedings for violations of the illegal employment of foreigners. Until now, specified offences have been subject to more complex administrative or judicial proceedings.
The amount of the punishment for specified infringements may be crucial – up to 10 000 PLN. This is simply a signal for employers to pay peculiar attention to the existing rules on the legalisation of abroad workers. The Border Guard, as a formation liable for controlling the legality of abroad residence and employment, is thus gaining a powerful law enforcement tool, which is designed to aid seal the strategy and reduce the grey region in the labour market.
Why is Border defender gaining fresh competences? nonsubjective of the amendment
The main nonsubjective of these changes is to increase the effectiveness of Border defender operations. According to the explanatory memorandum of the draft regulation, the fresh regulations "will enable border guards to respond efficiently and effectively to the revealed misconduct and to take effective action without having to affect another authorised services." This means that the formation will be able to act more autonomously and straight in situations requiring immediate intervention.
These changes respond to the increasing challenges of border safety and the request for better control of the abroad labour market. In the context of the dynamically changing geopolitical situation and increased influx of people from abroad, the Border Guard's ownership of wider and more flexible powers to impose mandates is seen as crucial for maintaining public order and safety in Poland.
Practical proposals for citizens and entrepreneurs
The changes introduced have direct consequences for anyone who moves close borders or hires foreigners. First of all, it is absolutely essential to follow the marks of the prohibition of shooting in border areas and in the vicinity of the Border defender infrastructure. The ignorance of the rules will not be an excuse, and the mandate may be severe.
For entrepreneurs employing abroad workers, the fresh powers of the Border defender mean that even greater care is needed full legality of the procedures. The hazard of an immediate mandate of up to PLN 10 000 for failing to employment foreigners should prompt careful verification of papers and compliance with all legal requirements. fresh regulations will enter into force day after their announcement in the diary of Laws, which means that you should be prepared for changes right now.
More here:
A ticket for a image at the border? The Border defender has fresh powers. Penalties up to PLN 10,000!