III RN 143/00
AI generated
Service in Polish Army 1945-1947 by volunteer does not grant combatant rights under the Act on Combatants.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review regarding the deprivation of combatant rights for a soldier who served voluntarily. The applicant argued that service from 1945 to 1947 entitled him to rights, but the administrative authority determined he was a volunteer, not a conscript. The court ruled that the statute explicitly requires conscription ('żołnierze z poboru') for this specific category of rights, excluding volunteers.
Legislator headnote
AI generatedArt. 25 ust. 2 pkt 2 ustawy z dnia 24 stycznia 1991 r. o kombatantach; Service in the Polish Army between 1945 and 1947 by a conscript preserves combatant rights acquired solely from the consolidation of popular power, but service by a volunteer is insufficient to acquire such rights.
Keywords
AI generated
combatant rights
conscription requirement
volunteer service
Polish Army 1945
administrative review
Cited Legislation
AI generatedArt. 25 ust. 2 pkt 2 of the Act of 24 January 1991 on Combatants and Certain Persons Being Victims of War and Postwar Repressions
Art. 1 ust. 1 of the Act of 24 January 1991 on Combatants and Certain Persons Being Victims of War and Postwar Repressions
Art. 1 ust. 2 pkt 1 of the Act of 24 January 1991 on Combatants and Certain Persons Being Victims of War and Postwar Repressions
Art. 1 ust. 2 pkt 6 of the Act of 24 January 1991 on Combatants and Certain Persons Being Victims of War and Postwar Repressions
Art. 32 ust. 1 of the Constitution of the Republic of Poland
art. 32 ust. 1 Konstytucji RP