What are the consequences of selling an flat purchased with a bonus from AMW? Can an active reserve soldier be accommodated free of charge in the unit? Which courses of civilian studies do the military consider useful and their alumni invitation to officer courses? The experts of the Ministry of Defence explain the provisions contained in the National Defence Act.
Please interpret Article 449(3)(1) of the Law on the Defence of the Motherland. The problem concerns soldiers appointed for professional military service and having fresh authoritative opinions, e.g. for 2023. Should specified soldiers be motivated?
Under the Law of 11 March 2022. about the defence of the homeland (Article 449) 1 of the conditions which makes it impossible for a professional soldier to receive a motivational benefit is to receive in the last authoritative opinion a general assessment lower than the good. While there is no uncertainty about the level of the assessment itself, the substance of the last assessment requires clarification. On the basis of the explanation of the provisions of law a contrario, it should be stated that both the last assessment, even if issued years ago, not little than the good and the deficiency of an evaluation from the last authoritative opinion (in the last yearly opinion) cannot be regarded as a lower assessment than the good. This constitutes a condition for granting a incentive benefit.
A professional soldier in the past acquired a residential location from the AMW with a bonus, which he later sold. He presently resides outside his place of service in a locality that is not nearby. In specified a situation, is the soldier entitled to reimbursement of regular travel expenses from his place of residence to his place of service and back?
The acquisition by a professional soldier or his spouse of a dwelling with a bonus from the Agency constitutes a permanent (no substance how the premises are disposed of later) negative condition for the failure of the right to accommodation during the service, as well as for the payment of housing clearance after the release of the soldier from service (Article 21(6)(3) and Article 23(9)(1) of the Act of 22 June 1995 on the accommodation of the Armed Forces of the Republic).
Soldiers who have already benefited from state aid to meet housing needs However, by acquiring the premises on preferential terms, the legislator, by way of exception, left any options. Where the acquisition of a premises from the Agency with a bonus by a soldier or his spouse has not occurred in the place where he is serving, either in a close town, or if the soldier or his spouse does not have a dwelling in that town built or acquired utilizing the funds obtained from the sale of the premises acquired from the Agency, accommodation may be possible during the service at the boarding home or boarding home (Article 21(10) of the Act on Accommodation).
As regards the reimbursement of regular travel expenses from the place of residence to the place of service and return, the Military Property Agency is not competent to decide on this right of a professional soldier. specified reimbursement may be granted, at the written request of a professional soldier, by the commander of a military unit, in accordance with Article 291 of the Law on Defence of the Motherland.
In 1990 I graduated from the Air School in Dęblin, defended my diploma and earned the profession of “aeronautical equipment mechanic”. So can I usage a military mechanic's badge on my uniform? I don't have any I.D., just a evidence in the maturity certificate.
The work to wear uniforms and badges and military signs by soldiers arises from Article 270(2)(1) to (3) of the Law on Defence of the Motherland. On the basis of these provisions, the Minister of National Defence in the Regulation of 20 May 2022 on the wearing of uniforms by soldiers stated:
1) patterns, manner of wearing uniforms and badges and military marks;
2) cases where soldiers are exempted from the work to wear uniforms and badges and military signs;
3) the way soldiers carry orders, awards, medals and badges another than military;
4) the circumstances and manner of carrying arms.
Characters of individual bodies, groups of individual soldiers wear according to their speciality, to which they were credited. The civilian professional title ‘air equipment mechanics’ shall not entitle to wear a military mechanical badge on a uniform.
Does an active soldier have free accommodation in a military unit?
The provision of Article 7 of the Act on the accommodation of the Armed Forces of the Republic of Poland concerning the accommodation of collective soldiers in common permanent quarters provides no anticipation of accommodation active reserve soldiers. In accordance with the provisions of that Act, specified accommodation is provided for soldiers: 1) carrying out essential military service; 2. territorial military service carried out rotationally; 3) carrying out military exercises; 4) carrying out professional military service in the course of training at a military college (excluding professional soldiers assigned to training at a military college during their professional military service); 5. who are listeners to schools or who participate in another forms of training in the armed forces and who are engaged in active military service outside the state; 6. serving in military service at the time of emergency, after mobilization or during war.
Collective accommodation of soldiers falls within the competence of the unit commander. At the same time, it should be stressed that work is underway on the draft amendments to the Act on accommodation in the area of enrolment of soldiers with an active reserve right to collective accommodation in common quarters. The anticipation of accommodation in a boarding home or boarding home is besides provided for by soldiers in an active reserve located outside the town where they service and are not located close on the days of the service provided that the needs of professional soldiers are met. The introduction of these changes will besides let for the payment of fees for the usage of the Agency's net sites by soldiers in an active reserve from the special-purpose grant provided by the Minister of National Defence.
Each year, the military shall establish a list of directions useful in a circumstantial corps or group for candidates for officer courses. In what individual group for the officer's pedagogy courses is “a useful direction”?
Currently there is simply a recruitment for officers' courses for people from the civilian environment on the basis of Decision No 101/MON of the Minister of Defence of 29 August 2024 on recruitment to military universities. In accordance with § 10.3 of the above-mentioned decision, persons qualified for the individual corps (group) in agreement with the rectors-commanders of military universities are identified and sent to the Department of Personnel, Head of the General Staff of the Polish Army, Head of the Central Military Recruitment Centre within 14 days of the date of notification of the decision. Information in this regard, as well as another information on the procedure for the recruitment process for officer courses, shall be posted in good time on the websites of the military colleges conducting the training.
From the information obtained in the Department of Personnel, the direction of the survey “pedagogy” was not among the directions defined as useful in a circumstantial individual body (group) for officer courses conducted in 2025 and addressed to people from the civilian environment.
However, it should be noted that § 11 of the said decision states that ‘in the case of persons referred to in § 2(1) and (2), who do not have the completed course of survey referred to in § 10(3), the manager of the Department of Personnel may, on account of the needs of the Armed Forces of the Republic of Poland, give a favourable opinion on the application referred to in § 6 and let those persons to participate in the recruitment proceedings in the military college’.
It is so recommended to consider participating in the qualification for a 12-month officer training course for the ‘light infantry’ individual group, conducted at the Academy of Land Forces, after which candidates will be assigned to the first work positions in the military units under the Territorial Defence Army.
Information on all possible forms of active military service can be obtained at any selected military recruitment centre.
The professional soldier was relieved of work as a consequence of the expiration of the announcement deadline at the end of August 2023. In 2023 it was not delivered an opinion, the last opinion was drawn up in 2022. That year in March, the soldier returned to service. Should he be given an opinion this year?
A soldier should not be given an opinion. The opinion of professional soldiers is carried out from 15 August to 15 October. The authoritative opinion shall include professional soldiers who, from the date of the last authoritative opinion or appointment to carry out professional military service until 15 August of the year in question, have been in professional military service for at least 6 months. If a soldier was called in March, the laws do not give emergence to an opinion.
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