The Home defence Act introduced many fresh solutions. Therefore, the Ministry of National Defence conducted a series of cascade training in units so that all soldiers had full cognition of the revised regulations. On our website, we regularly print the responses of experts from MON to the most frequently asked questions.
Is it possible for a soldier to be allowed to carry firearms for individual protection under Article 10(3a) of the Act of May 21, 1999 on arms and ammunition? Does this soldier have the right to participate in shooting activities utilizing private firearms? Can he own specified weapons and usage them in tasks related to the protection of the east border of Poland?
The private weapon on which a professional soldier has approval is simply a weapon intended for private use, that is, in extra-service hours. A professional soldier authorised to carry a private weapon may bring it to the military unit if the commander of that unit so agrees.
Shooting classes are carried out on the basis of the "Short Arms Manual" – Ref. Uzb. 2641/2010, according to which there is no provision for carrying out non-military shooting training.
Soldiers are directed to execute duties on the east border of Poland with permanent equipment and weapons, and this means that the provisions do not supply for the anticipation of utilizing private weapons in business.
The spouse bought from Military Property Agency an flat on preferential terms and then sold it. erstwhile I married him, AMW took distant my housing benefits. Is that right? After the divorce, will I be granted the housing benefit back and will I be entitled to a severance fee?
Pursuant to Article 21(1) on the accommodation of the Armed Forces of the Republic of Poland (Journal of Laws of 2022, item 1623; diary of Laws of 2023, item 1872), a professional soldier from the date of appointment to the first authoritative post until the day of release from active military service is entitled to accommodation for the time of military service in the town where he is serving, either in a close town or with his consent in another town. In paragraph 6 of that provision, the legislator included a list of negative indications which exclude the right to accommodation (including in the form of payment of a residential benefit). In the light of that provision, a professional soldier shall not be entitled to accommodation if he or his spouse:
1. received a cash equivalent in return for the withdrawal from accommodation paid under the provisions of the Act applicable until 30 June 2004;
2. has received housing clearance paid or made in kind under the provisions of the Act in force since 1 July 2004;
3. Acquired residential premises from the Treasury, the Agency or local government units with a discount or with a discount in the acquisition price;
4) received financial assistance paid in advance or non-refundable form until 31 December 1995 under the provisions of the Act of 20 May 1976 on the accommodation of armed forces (DZU of 1992 No. 5, item 19; DZU of 1994 No. 10, item 36);
5. acquires a proprietary cooperative right to housing from the Agency.
Importantly, the events indicated in points 1 to 5 mention to both the professional soldier and his spouse. In the event that a spouse acquires a dwelling with a discount pursuant to Article 21(6)(3) of the Act on the accommodation of a professional soldier, he shall not be entitled to accommodation (including in the form of payment of a residential benefit). If the matrimony is dissolved, the erstwhile professional soldier's spouse shall be identified as a erstwhile spouse. At that time, the condition under Article 21(6)(3) of the abovementioned Act would not exist, provided that the beneficiary of the bonus granted at the time of the acquisition of the premises was only the erstwhile professional soldier's spouse (e.g. the acquisition of the premises with the bonus took place before the matrimony to the soldier).
In the case of housing check-in after dismissal of a soldier from professional military service, the negative conditions for payment are laid down in Article 23(9) of the Act on Accommodation. Under that provision, housing checks shall not be granted to a professional soldier or persons referred to in paragraph 3 if the soldier:
1. exercise the powers in the cases referred to in paragraphs 6 and 21(6);
2. has been released from active military service as a consequence of a conviction by a final judgement of the court for a deliberate offence;
3. has been released from active military service as a consequence of a judgement given in disciplinary proceedings;
4) has been released from active military service before the expiry of 10 years from the date of appointment to that service where the appointment to active military service has taken place after a period of service in the Police, Border Guard, Government Protection Office, State safety Service, State Fire Service, Prison Service, interior safety Agency, Intelligence Agency, Central Anti-corruption Office, Customs Service, Customs Service, Military Intelligence Service, Military Counterintelligence Service or State Protection Office.
The legislator in the catalogue of negative conditions for the payment of housing checks shall refer, in Article 23(9)(1), to the same events (use by a soldier or his spouse of the powers) referred to in Article 21(6) as to which the principles described above apply.
The method of settling a case concerning the right of a professional soldier to accommodation (including in the form of a residential benefit) or payment of housing checks depends on many legal and factual circumstances which only the actual existence of which requires an evaluation in the proceedings of the competent manager of the regional branch of the Agency. A professional soldier shall immediately inform the manager of the Agency's regional branch, pursuant to Article 24(5) of the Act on Accommodation, of the change in the household situation, on the basis of a final decision by the court to terminate the marriage.
Is it time to execute OT soldier service pension contributions?
Pursuant to Article 6(1)(11) of the Act of 13 October 1998 on the social safety system, non-professional soldiers engaged in active military service are subject to compulsory pension and pension insurance, including territorial military service. At the same time, in the light of Article 18(4)(5) of the Act on the Social safety System, the basis for the assessment of pension and pension contributions for soldiers serving in territorial military service is the amount of the wage received.
I was transferred to a military unit from another garrison. Within 30 km of the village where I now serve, I have a house. Do I deserve a housing allowance? I would add that in the erstwhile place of service, I utilized to enjoy the right to boarding and the separation allowance. According to the regulations, the settlement allowance should not be granted to me if I have a house/house in the place where I serve, however, the staff body extends the explanation to the locality nearby, denying me this supplement.
It is hard to give a clear answer, as it is impossible to find all the details of the facts on the basis of the information contained in the question. However, it should be pointed out that Housing benefit it is associated with resettlement, not only with the transfer of a service soldier. The content of the enquiry seems to indicate that despite the usage of the right to boarding and the detachment allowance, the soldier was checked into a permanent residence in the same home in a close fresh place of service. Consequently, there was no component of resettlement — essential to establish the right to the claim in question.
Article 485 of the Home defence Act provides for the suspension of half of the non-professional soldier's wage in the event of a soldier's suspension in service activities (the regulation refers to a soldier, but the chapter concerns non-professional soldiers). On what grounds can a non-professional soldier be suspended in the service activities, since Article 225 applies only to professional soldiers, and there is no reason in the Act to suspend a non-professional soldier, even though Article 485 provides for specified a situation?
After the examination of the provisions of the Act of 11 March 2022 on the defence of the homeland, it should be stated that there are no legal grounds for suspending a non-professional soldier in the service activities. This means that Article 485 is simply a dead provision.
