Legislator Case Law & Legislation
II UK 122/03 AI generated

Supreme Court dismissed cassation, ruling that a Ukrainian resident with permanent residence is legally obligated to register for social insurance.

Case Number II UK 122/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Pavlo K., a Ukrainian national, against a social insurance authority decision mandating his mandatory social insurance coverage. The applicant argued that the authority should have proactively registered him based on his permanent residence status and the lack of a bilateral treaty requiring contributions. The court held that while the applicant was subject to mandatory insurance due to his permanent residence and business activity, the obligation to register fell upon him personally, not the authority, making the administrative decision declaratory rather than constitutive.

Legislator headnote

AI generated

Art. 6 ust. 1 pkt 5, art. 5 ust. 2, art. 36 ust. 1, ust. 3 ustawy o systemie ubezpieczeń społecznych; Art. 393 k.p.c.: Mandatory social insurance applies to foreigners with permanent residence engaging in non-agricultural business, but the duty to register lies with the individual, rendering administrative decisions declaratory.

Keywords

AI generated
mandatory social insurance permanent residence status foreigner registration duty declaratory administrative decision social security obligations cassation appeal dismissal business activity coverage

Cited Legislation

AI generated
Art. 6 ust. 1 pkt 5 of the Social Insurance System Act
Art. 5 ust. 2 of the Social Insurance System Act
Art. 36 ust. 1 of the Social Insurance System Act
Art. 36 ust. 3 of the Social Insurance System Act
Art. 393 of the Code of Civil Procedure
art. 316 k.p.c
art. 378 k.p.c
art. 39312 k.p.c

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