Polish Law Research Articles

Zwolnienie od pracy z powodu działania siły wyższej i urlop opiekuńczy z perspektywy prawa socjalnego

The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.

Article 6 of the European Convention on Human Rights (right to a fair trial) in juvenile cases

The purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model. In addition, the goal was to examine what impact international standards have had on Polish law in this regard. The article uses the formal-dogmatic method and, to a limited extent, the legal-comparative method. The article shows that the right to a fair criminal trial guaranteed by Article 6 of the ECHR also applies in juvenile proceedings. Even in legislatures that adopt a welfare model, if the Engel test leads to the conclusion that the case is criminal in nature, the guarantees apply. The impact of Article 6 of the ECHR on the criminal law of individual countries is shown on the example of Polish legislation, presenting changes in Polish law as a consequence of ECtHR judgments.

Historical and legal aspects of corporate governance in LLCs according to the legislation of Poland and Ukraine

The article provides a detailed examination of the evolution of corporate governance in Ukraine and Poland, focusing on the development of legislation in both countries. The author analyzes the historical development of corporate structures, tracing their evolution from antiquity and the Middle Ages to the present day, highlighting key stages and changes in legal norms regulating corporate governance in Poland and Ukraine. The article begins with a review of early forms of corporate structures in ancient civilizations and tracks their development through significant historical periods in Europe. The stages of corporate governance development in Poland and Ukraine during the 19th and 20th centuries are separately examined. In Ukraine, the formation of corporate governance was constrained by the legal norms of the Russian Empire, and only with the transition to a market economy in the 1990s a significant development of corporate forms was noticed, particularly it concerned limited liability companies (LLCs). In contrast, Poland’s development of corporate law was marked by intense changes, especially after the fall of the communist regime and accession to the European Union, which facilitated the eligibility of Polish corporate law according to European standards. The author provides a detailed analysis of the key stages of legal changes in both countries, including the codification of corporate law, adaptation to European norms, and the challenges encountered at each stage. The article also explores the impact of economic and political changes on the development of corporate governance in both countries, emphasizing that although the initial stages of corporate governance development in Ukraine and Poland were somehow similar due to geographical and historical closeness, their further development differed significantly. Poland went through stages of intensive reforming and EU integration, which substantially influenced the modernization of its corporate law. Meanwhile, significant changes in corporate governance in Ukraine began only in the 1990s and continue to modern days, facing certain challenges and obstacles on the way to full integration into European legal standards. The article reveals both common and different features of the evolution of corporate law in these countries. The findings provide a deeper understanding of the impact of historical and political factors on the formation of modern corporate practices and norms in both countries. The author concludes that despite the fact that both countries started moving into corporate governance from similar foundations, their subsequent development was significantly different because of the influence of both internal and external reasons. Poland has managed to successfully adapt its legislation according to European standards, while Ukraine is still in the process of transformation. This highlights the necessity for continued reforms in Ukraine, particularly for integration into the European legal space, which is critical for ensuring the stability and transparency of corporate governance in the country.

Freedom in Populist Radical Right Discourses: The Polish ‘Island of Freedom’ in the 2019 European Parliament Election

ABSTRACT In Europe, the populist radical right (PRR) has actively embarked on a discursive struggle over the notion of freedom – one of the underlying concepts of Western сulture. An investigation of the 2019 European election campaign of the Polish Law and Justice party (Prawo i Sprawiedliwość [PiS]) highlights how PRR parties in power discursively construct freedom in the context(s) of the European Union (EU). In PiS’s discourse, freedom serves as an antagonistic national-populist and nativist tool that juxtaposes Polish national identity against the imagined enemies of PiS-led Poland at home and abroad.

How can we translate research papers into legislative drafts? A methodological framework of the Translational Legal Approach to Knowledge Utilisation

ABSTRACT One important factor in knowledge utilisation in policy is adapting research papers to better fit policy-makers’ needs. Translating research papers from a variety of genres and types, books to journal articles, into legislative drafts can be understood as a form of adaptation. This was named as the Translational Legal Approach to Knowledge Utilisation (TLA). This article addresses the methodological need to construct a framework for TLA. It proposes a methodological framework which includes definitions, translation heuristic, guiding problems, stages and translation procedures, various translation modes (legislative techniques with different levels of specificity) and various translation forms (legislative genres with different legal status, functions, and other characteristics). By looking at cases from Polish and EU laws and standards, this article proposes a methodology for researchers to better align their research conclusions and recommendations to policy-makers’ needs.

Employment Relationship, Emergency Situations, Formal Models of ‘Emergency’ Labour Law - Outline of Main Issues

The study presented in the paper is concerned with a formal (theoretical and legal) model of regulations dedicated to the normalisation of employment relationships in emergency situations (states). By an ‘emergency situation’ the authoress means ‘overall exceptional circumstances caused by special, rare events, unforeseen in an accepted time perspective, in which someone or something was (is) at a certain time’. Until the outbreak of Covid-19, the subject matter of legal regulation of employment relationships in connection with the occurrence of emergency situations has not been given much thought (in our legal circle). This is also relevant to emergencies other than epidemics (warfare, natural disasters, force majeure, etc.). Insofar as research has been conducted to date, it rather focused on substantive and legal aspects of the regulations implemented in connection with the occurrence of such events, while any broader reflection on their formal and legal model has not been conducted. For this reason, in this paper, the authoress has firstly advanced a thesis that a distinction needs to be made between substantive and formal and legal models for the regulation of employment relationships in emergency situations, and secondly an attempt has been made to answer the question of which formal models can be distinguished in this context, what criteria should be used in this endeavour and how, on this basis, the distinguished models should be assessed. The authoress puts forward a thesis that formal models of ‘emergency’ labour law are closely linked to the concern to uphold the elementary democratic standards which should be respected by the law regardless of whether it relates to ‘ordinary’ or extraordinary situations. The research is primarily based on an analytical and linguistic, analytical and logical, dogmatic and legal, and descriptive method. It is conducted mainly on the example of the regulations of the Polish law and the decision of the Polish legislator taken in connection with the Covid-19 outbreak in relation to the method for the regulation of employment relationships during the period covered by it. However, the context of international (convention) regulations is also referred to. The authoress proposes to distinguish three basic formal models for the regulation of employment relationships in emergency situations: the permanent model, the mixed model and the ad hoc model. She concludes that, taking into account both the need for a relative flexibility in legal regulation and the need to maintain the elementary standards of a democratic state of law (primarily a guarantee that the applied legal solutions can be subjected to social discussion and dialogue between social partners), the mixed model should be considered as the most optimal. Keywords: Formal model of ‘emergency’ law; Emergency state; Emergency situation; ‘Emergency’ labour law; Employer’s risk

Criminal responsibility of a juvenile in relation to the provisions of the Criminal Code

Under Polish criminal law, a juvenile is a person under the age of 17. In principle, such person would not be liable for the offence under the terms of the Criminal Code. The responsibility of juveniles is extensively regulated in the Act of 9th June 2022 on the Support and Rehabilitation of Juveniles. However, in specific cases, which are explicitly set out in the Criminal Code, a juvenile over the age of 15 or even 14 may be held criminally responsible. Whereby the treatment of a juvenile as an adult and the application of criminal responsibility to him/her requires, in addition to the commission of one of the strictly defined offences, that the circumstances of the case and the degree of development of the offender, his/her personal conditions as well as his/her personal characteristics should also support this. The sentence imposed on a juvenile offender may not exceed 2/3 of the upper limit of the statutory penalty range for the offence in question. The legislature, however, left it to the court's discretion whether it would be advisable to apply extraordinary mitigation in a particular case. Furthermore, a juvenile cannot be sentenced to life imprisonment.

Parent, meaning who? Biotechnological revolution in human procreation and succession law in Poland

Recent developments in assisted reproductive technology (ART) – the use of third parties in the process of fertilization and pregnancy, and cryopreservation of human sperm, ova and human embryos – have contested many previously unchallenged paradigms related to parenthood. Currently, the thesis that a person is created by the physical consummation of two living parents of the opposite sex, is no longer as simple and clear cut. Undoubtedly, these changes affect social norms, including the legal systems of individual states which take divergent stances on the above-mentioned issues. For example, in their approach to filiation relations of a child born through ART and how his/her parents’ data are entered on the child’s birth certificate. Intensified migration movements of Poles to the USA and an increased number of cross-border (Polish and American) relationships have resulted in a growing frequency of foreign birth certificates appearing in Poland. Though incompatible with the Polish law, such certificates provide grounds for certain claims to be filed since vital records are documents of particular importance in every legal order, and in succession proceedings they are of fundamental value. Thus, a question arises as to the viewpoint of Polish law in regard to American birth certificates which do not comply with the rules in force in Poland regarding the filiation indicated therein. Can a child inherit by operation of law from people of the same sex indicated in his/her birth certificate issued abroad and can he/she inherit from all the parents named in such a certificate even if there are more than two of them? Does a child conceived several years after the death of his/her father, whose data feature on the American birth certificate, have a right to inherit from him in Poland? This article attempts to answer these questions.

The concept of liability for the degradation of the natural environment under Article 86 of the Constitution of the Republic of Poland

The concept of liability in environmental protection is addressed in the Constitutions in various ways if at all this issue is regulated in this type of act. The Polish constitutional legislator belongs to this group of constitutional legislators who have regulated the issues of legal liability in environmental protection in a direct manner. The constitutional legislator regulated this issue in Article 86 of the Constitution of the Republic of Poland. In the system of Polish Law, legal responsibility in environmental protection has been linked to the universal duty of everyone to care for the state of the environment. The Basic Law itself defines two designations of this responsibility. Firstly, it is personal responsibility for the effects caused by oneself. Secondly, it is responsible for the deterioration of the environment. Thus, it is indicated that it is a model of individualised liability, as well as liability that results from the deterioration of the state of the environment. However, some of the institutions of the Environmental Law related to liability do not stand the test of constitutionality. It is difficult to see the deterioration of the state of the environment in the breach of reporting and information obligations. This raises the questionof the constitutionality of legal liability for the breach of these obligations. Additionally, it should be pointed out that the deterioration of the state of theenvironment must be the result of a breach of the constitutional obligation to care for the state of the environment. Such a link results from the very construction of Article 86 of the Constitution of the Republic of Poland and the conjunction “and” used by the legislator. The model of the concept of respon-sibility in the protection of the environment in the Constitution of the Republic of Poland is a model linked to a universal duty, and not, for example, to the duties of the State or public authorities. It constitutes a modern solution making everyone aware that contemporary problems of environmental protection do not concern only the State, and that their solution should be the common domain of all subjects of the law. It also strengthens everyone’s awareness of their environmental responsibilities.

The Object Protected by the Criminalization of Insult to a Human Corpse in Polish Law

The insult of a human corpse is one of the oldest crimes. The guarantee of the inviolability of a human body after death, as well as the cult of the deceased are considered a precursors of religious faith. In the early periods of social development, the protection of corpses and burial sites stemmed from the prevailing religious beliefs among community members. Hence, in legal orders, it was religion, religious feelings, worship of the deceased, and others that were the main objects protected by the criminalization of insulting a corpse. To date, such a position remains popular and widely accepted. However, with the progress of civilization, more attention is beginning to be paid to the fact that the legal protection of human corpses is independent of religion. The purpose of the article is to point out the multiplicity of definitions of the object protected by the criminalization of insulting a corpse and thereby make the reader aware that both the law and the values cultivated in society are dynamic institutions. This will make lawyers aware that their activity should not only focus on passive acceptance and repetition of the established truths and values, but also prompt them to figure out new ones or to search for new justifications that are more suitable in the current reality.

Contract award criteria in public procurement procedures – The possibility of improving the situation of society from the perspective of the European Union and Poland

Background Public tenders are vital for a country’s GDP and citizens’ quality of life, enabling public administration to achieve various goals. Developing and developed countries allocate over 10% of their GDP to public procurement. This highlights the significant societal support public tenders can provide, making it important to consider how they can further benefit society. Policy and implications Public procurement can achieve policy objectives and benefit society by selecting tenders based on criteria beyond price, such as economic advantage and social benefits. This approach, endorsed by EU directives since 2014, encourages innovation and socially responsible practices. Contracting authorities in the EU can use social, environmental, and qualitative criteria to determine the most advantageous offers. Poland’s Public Procurement Law (PPL) allows contract award criteria based on quality and price, including social aspects. Contracting authorities can specify criteria like employing marginalized groups, though these criteria often face scrutiny and legal challenges. Non-price criteria aim to enhance competition and achieve social, environmental, and economic goals. Recommendations EU and Polish laws permit and encourage using social aspects as contract award criteria in public procurement. However, contracting authorities must analyze priorities, risk balancing, time constraints, and departmental coordination to effectively implement these criteria. This approach can improve the social situation and support specific groups. Conclusions Public procurement significantly influences a country’s economy and quality of life, with EU and Polish laws allowing social criteria in contract awards. Directive 2014/24/EU supports tenders based on economic and social benefits. Poland’s PPL aligns with this, emphasizing marginalized group employment. Effective implementation fosters job creation, social integration, and improved living standards.

Psychiatrist's opinion as a premise for legal termination of pregnancy.

The article presents the provisions currently in force in Polish legislation regarding legal termination of pregnancy. In particular, it refers to the premise of a psychiatrist's decision that the health of a pregnant woman is at risk. Under Polish law, termination of pregnancy is generally prohibited and penalized. However, there are two exceptions to this prohibition. Such a procedure is permitted if: the pregnancy poses a threat to the life or health of the pregnant woman, or if there is a reasonable suspicion that the pregnancy was the result of a prohibited act. The text presents an overview of the relevant regulations and tips on their interpretation and application in everyday medical practice. This issue is particularly important for psychiatrists consulting maternity wards. In addition, the most important mental disorders related to pregnancy and childbirth are described. The clinical features and prevalence of perinatal mood disorders and psychoses are presented. The issue of suicide among pregnant and postpartum patients was also discussed. A sample certificate template was proposed, and guidelines were discussed as to what information and conclusions should be included in the opinion of a psychiatrist.

The phenomenon of suicide considered from criminological, sociological and legal perspectives. Case study – Warmia and Mazury Voivodship

Aim: The aim of the study is to characterise the phenomenon of suicide and to carry out a comprehensive analysis of the phenomenon, reaching to its aetiology, characterising its symptomatic forms, confronting it with the norms of Polish criminal law and assessing the symptomological tendencies in the area in question. Method: the point of reference for the study is suicides committed or attempted in the area of the selected territorial unit in Poland. Warmińsko-Mazurskie Voivodeship is a specific region in the context of the whole country. First of all, the Second World War interrupted the relay of generations. The population is largely made up of displaced persons from the east. This community had to forge new interpersonal bonds and create cultural resources from scratch. In addition, the region was hit by high unemployment and a phenomenon of social pauperisation during the political transformation of the 1990s. From a psychological point of view, many suicidogenic factors have accumulated in the region. In terms of police services, the area is under the jurisdiction of the Regional Police Headquarters in Olsztyn. The chosen aim of the research and the research problems determined the choice of methods. The multifaceted nature of the studied phenomenon required the use of several complementary research methods, such as: the formal-dogmatic method, the historical-legal method and the comparative method. The following considerations are also based on the analysis of statistical data on the research subject. Results: Analysing the phenomenon in question, it was found that the approach to it was and still is conditioned by historical, civilisational circumstances. It is also reflected in legal codifications, in which the legislator departs from punishing potential suicides. At the same time, when considering the phenomenon on a regional scale, no significant deviations from the general trends are noticeable. However, taking into account the social territorial dissimilarity, the local specificity should be taken into account in the creation of support for persons at risk of various dysfunctions that may be the cause of suicide. Theoretical implications (if applicable): not applicable. Practical implications (if applicable): The presented analysis of the phenomenon in a regional context will undoubtedly contribute to further research on suicidal behaviour. The local perspective of the article fosters a comprehensive understanding of the factors influencing the decision to take one's own life. Thus, it may influence the creation of a system of support for people in this regard, taking into account the specifics of the region and social problems resulting from economic and living relations. Originality/value: the article integrates contemporary knowledge on the symtomology, phenomenology of suicide, allows to identify the main causes of this phenomenon and characterises the legislation in this field. The following article analyses the phenomenon of suicide on a regional scale. The local perspective makes it possible to know in more detail the problems causing negative social behaviour. At the same time, it adequately identifies the problems oscillating around the phenomenon in question. It can be a useful tool for researchers and decision-makers looking for answers to questions in this area and indicate directions for the development of social policy instruments in this area. Research limitations/ Future research: The phenomenon of self-harm is a very interesting process or moment in the life of the person who commits it. Although suicide has received a great deal of attention in the specialist literature, it still remains completely unexplored. The phenomenon itself touches the realm of the mysterious on the borderline between life and death. Hence the interest in it by many scientific disciplines. In statistical terms, the Polish Police collect detailed data on suicides. Research limitations in this area result from ethical and moral aspects of the issue, the lack of direct contact with the suicide's environment. The research results themselves are socially internalised and significantly influence the perception of reality. Technically, the use of research is not always morally acceptable. At the same time, research fulfils social needs and expectations for the creation of instruments to prevent suicide attacks.

Zawiłości wynalazku biotechnologicznego w świetle prawa cywilnego, podatkowego i bilansowego

The main research problem of the article is the juridical assessment of a biotechnological invention in the light of civil, tax and accounting law. The aim is to present the issue of biotechnological invention from the perspective of various areas of law, the process of shaping current legislation in this field, as well as a review of Polish and EU case law. The work presents a broader analysis of biotechnological inventions in three branches of law: civil, tax and accounting. In the context of civil law, the principles of legal protection of this type of inventions were analyzed, as well as their impact on civil law relations. The main aspects of the regulation of biotechnological inventions in Polish civil law are presented, including the criteria for granting patents, as well as issues related to intellectual property. The importance of a balance between the protection of innovation and social interests and the need to constantly adapt the law to dynamically developing biomedical technologies were emphasized. Legal analysis based on tax law showed how complex the subject of the biotechnological invention is. All theses were supported by literature, legislation and case law. Tax law shows the potential of the invention and the possibilities associated with it. The accounting law segment of the study determines the categorization of biotechnological inventions within the appropriate framework of the legal system by identifying the relevant legal provisions.

Suspension of Local Government Bodies and Establishment of Receivership During Martial Law

The subject of the article is the analysis of legal provisions regulating the supervisory measure, which is the suspension of the bodies of a local government unit and the establishment of receivership in their place during martial law. The aim is to discuss the procedure for its application and the premises justifying supervisory interference, determining its legal nature and comparing it with similar regulations in Polish law. Considerations in this regard are preceded by comments on constitutionally defined states of emergency, including martial law, in which the title measure is optionally applicable. In the context of martial law, the procedure for its introduction was described and its legal assessment was made. The analysis also covers the principles of operation of public authorities during martial law, including the admissibility of authoritative interference in their organization and functioning, which is useful in explaining the specificity of legal regulations in the examined area. To achieve the goals of the study, the dogmatic-legal method was used. It involves the analysis and interpretation of the texts of legal acts. To the extent required, the article also takes into account administrative court jurisprudence.

Requirements for the content of harmful substances in market products of plastics and rubber. Part V. Vehicles and their equipment

This article continues the review of applicable regulations on the safety of products placed on the European Union (EU) market. Part V regarding the regulations on the control of hazardous substances in vehicles, including their components and equipment made of plastics and rubber, covers EU regulations and national acts adapting Polish law to EU legislation in this area.

Acceptance of euthanasia by students of selected study disciplines at universities in Lublin, Poland

BackgroundIn the context of discussions between supporters and opponents of euthanasia, and legal regulations regarding this type of practices, the attitude of young people with respect to this phenomenon is a very interesting issue. According to Polish law, euthanasia is prohibited. The aim of this study was to determine the degree of acceptance of euthanasia among students from Polish universities across three different fields of study: psychology, medicine, and economic-technical disciplines, and to identify the factors associated with the acceptance of this phenomenon.MethodsThe study included 627 persons studying in Lublin, Poland: medicine (280), psychology (170), and economic-technical studies (177). The study was conducted as a survey using questionnaire containing items concerning students’ attitudes towards euthanasia. The analysis of the collected data was conducted using the SPSS software (version 29) with the following methods: Chi2, Student’s t-test, Phi test, Cramer’s V test, Kolmogorov-Smirnov test, one-way ANOVA with Dunnett’s post hoc test, linear regression analysis, and categorical regression analysis using optimal scaling (CATREG).ResultsNearly half of the students participating in the study (45.9%) rated the practice of euthanasia as decidedly negative. The highest number of strongly negative evaluations was found among psychology students, and the least among students of economic-technical disciplines. The level of acceptance of euthanasia is significantly associated with religious involvement and studying psychology. Being religious and being a psychology student both contribute to lower acceptance of euthanasia and a lower willingness to consent to euthanasia. Consent to euthanasia is more commonly declared by individuals with experience of living with elderly people.ConclusionsAlthough nearly half of the respondents expressed a negative attitude towards euthanasia, considering the secularization process among Polish youth, it can be assumed that the level of acceptance of euthanasia in this social group will increase. The lower level of acceptance of euthanasia among psychology and medical students compared to students of economic-technical disciplines suggests that the curricula of these studies present alternative solutions to the problems of terminally ill patients other than euthanasia.

Contract award criteria in public procurement procedures – The possibility of improving the situation of society from the perspective of the European Union and Poland

Background Public tenders are vital for a country’s GDP and citizens’ quality of life, enabling public administration to achieve various goals. Developing and developed countries allocate over 10% of their GDP to public procurement. This highlights the significant societal support public tenders can provide, making it important to consider how they can further benefit society. Policy and implications Public procurement can achieve policy objectives and benefit society by selecting tenders based on criteria beyond price, such as economic advantage and social benefits. This approach, endorsed by EU directives since 2014, encourages innovation and socially responsible practices. Contracting authorities in the EU can use social, environmental, and qualitative criteria to determine the most advantageous offers. Poland’s Public Procurement Law (PPL) allows contract award criteria based on quality and price, including social aspects. Contracting authorities can specify criteria like employing marginalized groups, though these criteria often face scrutiny and legal challenges. Non-price criteria aim to enhance competition and achieve social, environmental, and economic goals. Recommendations EU and Polish laws permit and encourage using social aspects as contract award criteria in public procurement. However, contracting authorities must analyze priorities, risk balancing, time constraints, and departmental coordination to effectively implement these criteria. This approach can improve the social situation and support specific groups. Conclusions Public procurement significantly influences a country’s economy and quality of life, with EU and Polish laws allowing social criteria in contract awards. Directive 2014/24/EU supports tenders based on economic and social benefits. Poland’s PPL aligns with this, emphasizing marginalized group employment. Effective implementation fosters job creation, social integration, and improved living standards.

Disappearance of a Natural Person Who Is a Sole Proprietor (Self-Employed)

The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person.

RELIGIOUS FREEDOM AND RELATIONS BETWEEN SPIRITUAL AND SECULAR AUTHORITIES IN THE CHRONICLE BY VINCENTIUS KADŁUBEK

ABSTRACT: Aim: The main research objective was to present the constitutional (state) thought in the light of „The Polish Chronicle” by Wincenty Kadłubek. The specific aim was to analyze the relationship between spiritual and secular power in the source. Methods: This article employed an analytical-synthetic method of subject literature supplemented by a historical-legal method. Results: The conclusions drawn from the research indicate that according to the chronicler, the beginning of the legal order of the state before the adoption of Christianity was established by Krak. On the other hand, the second beginning of the legal order falls during the reign of Bolesław the Brave. The foundations of law arise, on the one hand, from customary law, the reforming canon law, and the rediscovered Roman law. Conclusion: Master Wincenty introduces the term „Rzeczpospolita” as an order, a legal-public system. It is represented by centers of spiritual and state power and accepted by the population as just, defining its historical existence and remaining its common good. This chronicler speaks of the beginnings of Polish law in terms of state legislation and regulation of public order by the monarchy. For the first time, Wincenty Kadłubek's political-legal thought establishes the fundamental principles of popular sovereignty, where the source of power is the people conceived as the entirety of all citizens. Originality: The originality of the article is evidenced by the results of scientific research or conclusions drawn from information gathered in the form of a review of previously published works of one's own authorship and others of a theoretical or analytical nature on this issue. Keywords: The Polish Chronicle, Wincenty Kadłubek, religious freedom, power in the Middle Ages