Abstract
The subject of the article is focused on issues related to conducting disciplinary proceedings in Polish uniformed forced. The author draws attention to the fact that a considerable diversity exists in the Polish legal order as regards the disciplinary procedure applicable in individual uniformed services. The main arguments focus on the need of developing a normative act of a comprehensive nature that would uniformly regulate the manner in which disciplinary proceedings are adopted in uniformed services subordinated to the Minister of the Interior and Administration. The final part of the article is the starting point for a broader discussion on the effectiveness of the proposed amendment to the current legal system in the abovementioned area.
Highlights
In a review of issues related with execution of disciplinary proceedings in uniformed forces subordinated to the Minister of Interior and Administration, it is worthwhile to commence with finding when, towards whom and for what is it possible to instigate such proceedings and what kind of consequences could be caused as an effect
Pursuant to the contents of particular competence acts binding in the field of functioning of uniformed forces subordinated to the Interior Minister, i.e. the act on the Police [1], the act on the Border Guards [2], the act on the State Protection Service [3] the act on the State Fire Service [4], a disciplinary offence will basically constitute a misdemeanour which is concurrently a crime or an offence – regardless of penal liability, or culpable inappropriate execution of assigned tasks, failure to follow the code of ethical conduct, honour, dignity and good name of the service and any actions contrary to the taken oath
Disciplinary tort may be committed by an officer of the Police, Border Guards
Summary
In a review of issues related with execution of disciplinary proceedings in uniformed forces subordinated to the Minister of Interior and Administration (hereinafter: the Interior Minister), it is worthwhile to commence with finding when, towards whom and for what is it possible to instigate such proceedings and what kind of consequences could be caused as an effect. Pursuant to the contents of particular competence acts binding in the field of functioning of uniformed forces subordinated to the Interior Minister, i.e. the act on the Police [1], the act on the Border Guards (hereinafter the act on BG) [2], the act on the State Protection Service (hereinafter the act on SPS) [3] the act on the State Fire Service (hereinafter the act on SFS) [4], a disciplinary offence will basically constitute a misdemeanour which is concurrently a crime or an offence – regardless of penal liability, or culpable inappropriate execution of assigned tasks, failure to follow the code of ethical conduct, honour, dignity and good name of the service and any actions contrary to the taken oath. An implication of effectively conducted disciplinary proceedings may be the disciplinary penalty
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