Is the commander of the soldier from whom he received a study on uncovering innocent deficiencies in the uniforms entitled to refuse to send this paper to the superior superior? What are the dangers of violating the physical integrity of a soldier? Is there a work to study the fact that you are a associate of the election committee to the superior?
I'm a private professional. I was on sick leave for 2 weeks and was not present in the unit. Upon returning, in my closet, which I share with another soldier, I noticed shortcomings in the uniform, among others, there was no helmet and mask. I wrote a study to my supervisor about this. After a week he called me to himself and said he would not send a study to the superior superior, he besides demanded my confession to lose the missing elements of the uniform. What can I do in this situation?
This issue is governed by the Act of 6 June 1997 – Criminal Code, in peculiar Articles 231, 276 and 278 and the MON Regulation of 21 April 2022 on the uniformation and exploitation of professional soldiers.
In the present case, the supervisor has no right to hide the study as it is an crucial paper which describes the situation with certain legal consequences. Pursuant to Article 231 of the Criminal Code, a public officer who, in excess of his or her powers or failing to fulfil his or her duties, acts in the public or private interest shall be subject to imprisonment until the age of 3. Furthermore, in accordance with Article 276 of the Criminal Code, ‘who destroys, harms, renders useless, hides or removes a paper which is not simply to be ordered, is subject to fines, imprisonment or imprisonment until the age of 2’.
The event presented in the question should be examined by the competent authorities, i.e. the Military Police. According to Article 278 of the Criminal Code, "who takes a moveable possession in order to misuse another person's property shall be subject to imprisonment from 3 months to 5 years".
It should besides be stressed that filing a case to the applicable services may relieve a soldier of work for harm to military property and contribute to the issue of the lost uniformation and excavation. In accordance with § 9 of the Decree of the Minister of National Defence of 21 April 2022 in the event of loss, demolition or simplification of the useful value of the erstwhile uniformation and extraction, the professional soldier may be uniformed and extracted before the end of the useful life. The competent authority in these matters shall be the commander of the budgetary unit on which supplies in the uniform department stay the soldier. In the situation described, a soldier may notify the situation of a superior superior – aside from the business way (point 129(a) and the last conviction of the General Rules of Procedure of the WP soldier).
I was securing Operation Feniks. During my duties (cleaning up the flood sites), I was attacked by a civilian. A man for unknown reasons hit me in the back and head. As a consequence of my fall, I suffered a right knee injury and a head injury. What should I do?
This issue is governed by Article 132 of the Law of 11 March 2022 on the Defence of the Motherland in conjunction with Articles 222 and 223 of the Law of 6 June 1997 Criminal Code.
Under the Home defence Act, soldiers for military service in the performance of their duties are subject to peculiar protection provided for public officers. In this situation, a civilian individual may have committed a violation of a soldier's physical integrity (Article 222 of the Criminal Code), which is punishable by a fine, a punishment of imprisonment or imprisonment up to the age of 3, or even an active assault (Article 223 of the Criminal Code), which in turn is punishable by imprisonment up to the age of 10.
The soldier should immediately and by any possible means notify the incidental of his superiors, and these are obliged to notify the Military Gendarmerie and call for the scene of the medical rescue team. The commander of the soldier is obliged to compose to the commander of the military unit a study on the incident, describing the circumstances of the event, as well as the injuries suffered and giving individual details of witnesses. If the injuries suffered are not so serious that the victim requires hospitalisation, the superiors should, at the request of the soldier, let him to go to a doctor to execute a surgery that may service as evidence in a possible civilian action compensation process. Any doctor can execute the surgery, regardless of specialization and workplace.
A soldier may besides apply to the Soldiers' Rights Protection Team, where he will have access to legal information and may be assigned a proxy representing him as a victim in a criminal trial against a civilian.
Can a professional soldier be part of an election committee in a presidential election?
Yes, a soldier may be a associate of a peripheral election commission. A professional soldier is not obliged to study on becoming a associate of the election commission to his superior.
The Law on the Defence of Homeland in Article 346 only specifies that a soldier must immediately inform the commander erstwhile he is moving for the Sejm of the Republic of Poland and the legislature of the Republic of Poland and the European Parliament, for managerial positions in the State cast on the basis of a choice and to local government bodies. In specified cases, free leave shall be granted to the professional soldier for the duration of the campaign.
At the same time, according to the current legal state, a associate of the electoral commission may become a Polish citizen who is 18 years old at the latest on the date of the application of his candidacy, is not deprived of public rights by a final judgement of the court, is not deprived of voting rights by a final judgement of the Court of State and is not incapacitated by a final judgement of the court.
On the another hand, a candidate for election can not be a candidate, an election commissioner, an electoral typical and a financial typical of an electoral committee, an electoral officer, a husband of trust, and a individual who is married or relatives of a candidate in elections. Persons related to candidates in elections may be members of regional electoral commissions, but only in another constituency than the constituency in which a comparative is running.
I'm a junior officer, I have 2 underage children. During my separation, I live with my wife and children at 1 address. If a divorce occurs, and as a consequence of the judgement of the court, will the care be alternated by both parents (including my father surviving at another address), will I be entitled to housing standards for children?
Under Law 21(1) on the accommodation of professional soldiers from the date of appointment to the first authoritative post until the day of dismissal from active military service, the soldier is entitled to accommodation for the time of military service in the town where he is serving or in the locality close or, with his permission, in another locality. The right to accommodation shall be exercised in 1 of the following forms, i.e. the allocation of accommodation or another accommodation for the duration of service, the allocation of accommodation in boarding or boarding, the payment of housing benefits. The soldier chooses 1 form of accommodation.
Article 26(2) specifies that the establishment of the basic premises' useful space due to the professional soldier shall take into account his position and household condition. The number of surface standards is regulated by the MON Regulation of 29 July 2016 on the basic usable area for professional soldiers.
As regards the question, a circumstantial question (range) will be dealt with in administrative proceedings, the final result of which will be an administrative decision. This means that a professional soldier will gotta submit applicable papers to confirm who he is surviving with. The determination of the residence of a professional soldier with children, i.e. whether the place of residence is common, will be the most important.
If the parental authority is equal to both parents who have their own place of residence, the place of residence of the kid shall be with the parent whose kid is permanently resident. Where the kid is not permanently staying with any of the parents, his/her place of residence shall be determined by the guardian's court. The court then establishes the residence of the kid with 1 of the parents, which causes the kid to have a permanent stay, while the stay of the kid in another place – e.g. another parent – must be treated as a temporary stay. However, it should be stated that each case is individual and that its individuality constitutes a factual situation established by the competent authority on the basis of papers collected.
The payment of which allowances should be suspended if a disciplinary punishment is imposed on a soldier until it is erased?
Where a disciplinary punishment is imposed on a soldier, the body which granted the incentive benefit shall suspend the payment of that benefit on the date of the occurrence of those circumstances. The suspension of payment shall take the form of a paper issued for registration by the authority which granted the benefit.
The same applies to the additional incentive benefit granted under Article 449b of the Law on Defence of the Motherland.
