Studia Administracji i Bezpieczeństwa Public Administration and Security Studies

2018 nr 5

Wydawnictwo Naukowe Akademii im. Jakuba z Paradyża w Gorzowie Wielkopolskim

Gorzów Wielkopolski 2018 Honorowy patronat – Rektor Akademii im. Jakuba z Paradyża prof. dr hab. Elżbieta Skorupska­‑Raczyńska

Redakcja prof. dr hab. Bogusław Jagusiak (redaktor naczelny), dr Anna Chabasińska (zastępca redaktora naczelnego), mgr Joanna Lubimow (sekretarz)

Rada naukowa Członkowie: Członkowie goście: prof. dr hab. Zbigniew Czachór prof. Veysel Dinler prof. dr hab. Janusz Faryś prof. dr hab. Franciszek Gołembski prof. dr hab. Grzegorz Kucharczyk prof. Cristina Hermida del Llano prof. AJP dr hab. Paweł Leszczyński prof. dr hab. Ryszard Ławniczak prof. AJP dr hab. Jerzy Rossa prof. dr hab. Piotr Mickiewicz dr hab. prof. nadzw. Joachim von Wedel prof. Olegas Prentkovskis dr Jacek Jaśkiewicz prof. Miruna Tudorascu dr Robert Maciejczyk prof. dr hab. Wołodymar Welykoczyj dr Katarzyna Samulska prof. dr hab. Wojciech Włodarkiewicz dr Aleksandra Szczerba‑Zawada­ prof. dr hab. Marek Żmigrodzki dr Andrzej Skwarski dr hab. prof. UG Tadeusz Dmochowski dr Piotr Lizakowski dr hab. prof. WAT Adam Kołodziejczyk dr hab. prof. WAT Piotr Kwiatkiewicz dr hab. prof. UG Jarosław Nicoń dr hab. inż. prof. WAT Gabriel Nowacki dr hab. inż. prof. WAT Janusz Rybiński prof. nadzw. UŁ dr hab. Tomasz Tulejski dr hab. prof. WAT Jerzy Zalewski dr hab. Marek Ilnicki kmdr. dr hab. Grzegorz Krasnodębski kmdr. dr hab. Jarosław Teska

Recenzent dr hab. Jerzy Stańczyk dr hab. Tomasz Kamiński

Korekta językowa: Joanna Rychter Skład: Agata Libelt Projekt okładki: Jacek Lauda

© Copyright by Akademia im. Jakuba z Paradyża w Gorzowie Wielkopolskim 2018

Redakcja informuje, że pierwotną wersją czasopisma jest wydanie papierowe.

ISSN 2543­‑6961

Adres redakcji: Studia Administracji i Bezpieczeństwa ul. Chopina 52, 66‑400­ Gorzów Wielkopolski tel. 95 7216 061 e­‑mail: [email protected], strona internetowa: http://ajp.edu.pl/oferta‑wydzialu­ ­‑waibn.html Spis treści

Introduction...... 5

Part I. International Security Issues Bogusław Jagusiak, Wojciech Niedbała International Cooperation within the NATO Framework for Security in Central‑Eastern­ Europe...... 9 Magdalena Skwarska, Andrzej Skwarski International Security in the Light of the National Security Strategies of the United States of America and the Russian Federation...... 21 Andrzej Paradowski The Military Role of the Kaliningrad Region in Security Concepts of the USSR and the Russian Federation...... 33 Aleksandra Skrabacz The Informational and Educational Role of the Executive Administration in Regional Security Construction...... 45 Adam A. Ostanek Polish‑Ukrainian­ Relations of the Second Half of the 1930’s in Publications of the Polish Language Press of Lviv...... 57

Part II. Methods of Security and Applications Waldemar Kaak Improving the Crisis Management System. Between Pragmatism and Reality...... 75 Izabela Iwanowicz The Praxeology of Safety According to the Polish Ministry of National Education Program “Safe School”...... 83 Katarzyna Samulska The Safe Electronic Signature in Administrative Proceedings...... 95 Mariusz Macudziński The Standard Audit File for Tax (SAF‑T): An IT Tool for Tax System Tightening...... 107 Karol Mausch The Supervision in Social Work. The Michael Baliant Method in Providing Psychological Support for Social Workers, Policemen, Soldiers, and Firemen...... 121 Part III. Theoretical and Philosophical Aspects of Security Natalia Moch, Robert Maciejczyk The Criminological Aspects of Crimes Committed by Females and the Sense of Individual Security...... 131 Aleksandra Szczerba­‑Zawada, Anna Rogalska Trafficking in women in a human rights perspective...... 145 Krzysztof Gorazdowski Death with Dignity: The Legal Dilemmas of Euthanasia...... 163 Arnold Warchał The Constancies, Reactivity and Processes for Security Reasons...... 179

Part IV. Reports Aleksandra Szczerba­‑Zawada II International Congress „European Security and Stability in a Complex Global Order” and II CEWSE Roundtable Debate „EU Facing Current Challenges, Opportunities, Crisis and Conflicts” – a Report...... 193 Joanna Lubimow Report from the 4th National Student Conference “Youth for Security” Gorzów Wielkopolski, 23 May 2018...... 197 Łukasz Budzyński Conference Report, IV National Scientific Conference, „National Security of Poland: Threats and Determinants of Change. Contemporary Aspects of Security Policy”. Gorzów Wielkopolski, Poland, 24 March 2018...... 201 Katarzyna Samulska Report from the II National Scientific Conference on “Changes inAdministrative Procedural Law From the Perspective of Practice and Theory, ”Jacob of Paradies Academy in Gorzów Wielkopolski,6 April 2018...... 205

Part V. Reviews Juliusz Sikorski Krzysztof Liderman, Bezpieczeństwo informacyjne. Nowe wyzwania [Information Security: New Challenges], Warsaw, Poland: Wyd. Nauk. PWN SA, 2017...... 209 Tomasz Tulejski Everything You Always Wanted to Know About Islam* (*But You Were Afraid to Ask) Mirosław Sadowski, Islam. Religia i prawo [Islam: Religion and Law], Warsaw, Poland: Wolters Kluwer, 2017...... 213 Introduction

The 5th volume of the Public Administration and Security Studies contin‑ ues the presentation of specialized researches and discussions on general problems of security and safety, including the various particular aspects of state security system in relation to the public administration or other issues. Those copious fields of interests – in practical and theoretical aspects, relate to state or individual activi‑ ties within the many dimensions of security and safety problems. This time, fully presented in English. The readers will notice here the range of numerous scientific approaches and outlooks on security studies, as well as on safety, and a threat pre‑ vention, deliberated by the Polish authors, and from the Polish angle. The volume has been divided into five parts, part I ­‍­‍‑ III with academic articles, plus reports in part IV, and reviews in part V. The 14 edifying discus‑ sions in three sections have been subdivided under the heading of the International Security Matters, the Methods of Security and Applications, and the Theoretical and Philosophical Aspects of Security, since the scope and focus of authors’ inter‑ ests. All relate to broad and universal academic categories of security and safety. However, as the reader will notice, the spectrum and depth of particular interests presented here, can be general or particular in emphasis on threats, safety, state security, security and safety methods, theoretical or philosophical aspects of secu‑ rity, and others. The various topics, as they are presented in this volume, and as the editors have planned, aim to present the systematic Security Studies and Safety Science as ever evolving academic discipline with praxeological implications, and practi‑ cal outcome. The public administration plays an important role in this, and in the articles this focus is also present, albeit, as a part of a wider system. We hope that this systematic approach, yet differentiated by individual researches with proper objectified studies on security and safety, will be apt to the desired level of interest for security reasons, of academicians, students and professionals expanding their horizons. We hope you enjoy your reading.

The Editors

Part I

International Security Issues

Bogusław Jagusiak The Jacob of Paradies University in Gorzów Wielkopolski, Poland Wojciech Niedbała Military University of Technology, Warsaw, Poland.

International Cooperation within the NATO Framework for Security in Central‑Eastern­ Europe

Summary Europe is sometimes called the “Old Continent” or the “Old World.” And even if it is now one of the most peaceful political and military regions of the world, it is an area of extremely intense discussions, considerations, plans and activities related to the security of the whole of Europe. The geopolitical location of Central­‑Eastern Europe at the interface of the Russian Federation and NATO’s eastern flank causes a great deal of interest, espe‑ cially within the Western Civilization. It is an area of uncertainty and, despite many other threats, when we talk about threats, Europe’s eyes are turned east.

Keywords: Central‑Eastern­ Europe, international security, eastern flank of NATO

Introduction to the problem

Central and Eastern Europe, due to its geopolitical location, is of great importance for the security not only of the countries of the region itself, but also of the whole Europe. The Russian threat changes its intensity over time, but it is always present in the post­‑Second World War era. The Russia‑West­ relations went from strong Cold War tensions to attempts to cooperate and to find a place for the Russian Federation in the European security system (before 2014, Russia was even the main beneficiary of the NATO Science for Peace and Security Program conducted as part of NATO’s scien‑ tific and research activities, which in 2016 supported 36 research projects with a total value of EUR 12 million) 1. However, the hostile actions directed against Ukraine in 2014 explicitly revealed the attitude of the Russian Federation to cooperation with

1 Source: „Bezpieczeństwo granic Ukrainy kluczowe z punktu widzenia wschodniej flanki NATO”, http://www.defence24.pl/bezpieczenstwo‑granic­ ‑ukrainy­ ‑kluczowe­ ‑z­ ‑punktu­ ‑widzenia­ ‑wschodniej­ ­ ‍‑flanki­‑nato, published on 29 February 2016. Studia Administracji i Bezpieczeństwa nr 5/2018 the West. The annexation of Crimea was an obvious violation of the provisions of the Budapest Memorandum signed in December 1994, under which the Russian Federa‑ tion undertook to “respect the independence and sovereignty of Ukraine’s existing borders,”“refrain from the use of force against the territorial integrity or political independence of Ukraine” with an indication that “no weapon (...) will ever be used against Ukraine”, and expressed its commitment “to refrain from economic con‑ straints aimed at subordinating to its own interests Ukraine’s implementation of the rights inherent in its sovereignty in order to achieve this benefits of any kind”2. Those and subsequent developments on the territory of Ukraine made the Russian Federa‑ tion a questionable partner in international relations. However, the fact remains that Russia poses a real threat to European countries and, first of all, to Eastern Europe. These countries, in turn, are not able to stand up to such a serious opponent individually. The only chance for effective resistance is cooperation within institutions and international alliances. Among other things, for this reason, commonly prevailing opinions about the justification of the existence and about the quality of the North Atlantic Alliance are directly proportional to the Russian threat that is perceived at the given moment. With the increase of this threat, the intensity of NATO’s activities in relation to the security of Europe increases, the frequency of NATO Summits and working meetings also increses and, most notably, NATO’s ratings are rising as an alliance needed for and guaranteeing security in Europe. At present, it is impossible to consider conlicts solely in terms of armed clashes. An equally debilitating for the opponent may be a long‑term­ action aimed at weakening it, causing economic dependence, and resulting in major possibilities to influence its political decisions and to create markets beneficial for the country undertaking such actions. Not to be missing from considerations about the security of the “eastern flank of NATO” is also the cooperation within the framework of the “Tri‑Sea”­ (Adriatic Sea, Baltic Sea and Black Sea) initiative countries and other forms of international cooperation developed as partnerships or alliances that have an element of defense cooperation. Organizations supporting decision‑making­ pro‑ cesses also have significance for the collective security system created this way. Think tanks, through creative studies and, in particular, strategic analyzes, influ‑ ence political decisions and steps taken by individual governments to ensure the security of their countries.

2 Source: https://larouchepub.com/eiw/public/2014/eirv41n08‑20140221/34­ ­‑35_4108.pdf [access: 10.10.2018].

10 Bogusław Jagusiak, Wojciech Nidbała, International Cooperation within the NATO Framework...

Current geopolitical situation of Central‑Eastern­ Europe

In rcent years, the security environment of Central and Eastern Europe has under‑ gone dynamic changes. Theystarted in 2014, before the NATO Summit in Wales, by the annexation of Crimea done by the Russian Federation. It had a particu‑ larly large impact on the relations between Russia and NATO which, considering previous agreements, had to react by staunch opposition, but not including allied armed forces. Therefore, the question should be asked about the current geopoliti‑ cal situation of Central and Eastern Europe and the greatest risks which this part of Europe currently has to face. This threat’s significance is best illustrated by the growth rate of defense spending in Central­‑Eastern Europe. It amountedto 74.4 billion United States dollars in 2015, that is, more by 7.5 percent than in 2014 (see Figure 1). The problem on the eastern flank of the Alliance overlapped with the conflicts taking place on its southern outskirts: the increasing instability in Syria related to the development of the so­‑calledIslamic State, and the uncertain situa‑ tion in Yemen, Iraq and Libya. Also the situation inside Europe has begun to deteriorate. The countries of the Old World had to face a huge wave of migration, under which only in 2015 almost 1.4 milllion refugees arrived to Europe. Terrorist attacks appeared, such as in Paris and Brussels, which proved to be threats extremely difficult to predict and prevent. However, Central­‑Eastern Europe suffered thje least from these recent events. They are the biggest security problem in Western Europe.

Figure 1. Changes in defenseexpendituresdivided into regions of the world (2014/2015)

Source: SIPRI Yearbook 2016: Armaments, Disarmaments and International Security, www.sipriyear‑ book.org, p. 18, accessedon5 October 2018.

11 Studia Administracji i Bezpieczeństwa nr 5/2018

For Central‑Eastern­ Europe, the main problem now is the develop‑ mentsrelated to the Crimea annexation. After that event, the increased military activity of Russia in Crimea and the east of Ukraine is noticeable. Even the cease‑ fire negotiated wthin the Minsk Process did not guarantee peace in the region. Separatist armed forces supporting Russia continued to provoke armed incidents3. Thanks to its access to the sea, Crimea is an area extremely important from a geo‑ political and strategic point of view. According to Rimland’s theory4, dominion over coastal areas gives the possibility of greatly influencing the international situation. However, destabilizing the situation in eastern Ukraine may have its jus‑ tification in economic matters. Eastern regions, including Luhansk and Donetsk, are regions with one of the highest shares in Ukraine’s GDP. There have also very fertile soils, and the climate facilitates agri‑food­ production. At the same time, the Russian Federation carried out provocative actions against NATO. These include: –– large‑scale­ technical modernization of the armed forces, –– numerous flights of air forces along the borders of allied states, includ‑ ing sometimes unannounced flights in the airspace of these countries, –– sea incidents between the Russian navy and units of NATO states threatening to open conflict, –– conducting military exercises (also unannounced, the so‑called­ snap exer‑ cises) of an offensive character in the western areas of Russia (including the Kaliningrad Region) including simulated nuclear strikes with the par‑ ticipation of numerous armed forces reaching 150,000 personnel, –– the general expansion of military capabilities and the priority treatment of forces stationed at the borders with NATO countries5.

3 P. Soloch, P. Pietrzak, „Szczyt NATO w Warszawie: uwarunkowania, rezultaty, wnioski dla Polski”, Bezpieczeństwo Narodowe 2016, No. 37­‑40, p. 17. 4 The Rimland theory – a geopolitical theory created during the Second World War by Nicholas Spykman, according to which he who has power at sea (coastal areas), rules the world. It was created as the opposite of Heartland’s theory. Rimland consusts of the peripheral (coastal) countries. In World War II, according to Spykman’s theory, the side ruling the Rimland was able to win the war. Throughout the Cold War period this tehory was used, and now stil is, by NATO. Therefore, for example, the resilience offered in member‑ ship to Montenegro – a country whose military significance is negligible, but its geopolitical location, in accordance with Spykman’s theory, has huge importance. Rimland is divided into three sections: the Eu‑ ropean coastland, the Arabian‑Middle­ Eastern desert land and the Asiatic monsoon land. The assumptions of Rimland’s theory were originally presented in two publications published during World War II: Nicholas Spykman, America’s Strategy in World Politics and Nicholas Spykman, The Geography of the Peace. 5 Ł. Kulesa, T. Frear, D. Raynowa, Policy Brief. Managing Hazardous Incidents in the Euro­‑Atlantic Area: A New Plan of Action, European Leadership Network, 2016.

12 Bogusław Jagusiak, Wojciech Nidbała, International Cooperation within the NATO Framework...

These actions are proof of the political and military pressure that the Russian Federation exerts on NATO, and the element of which is the demonstration of strength and determination to defend Russian interests in Eastern Europe. In addi‑ tion, Russia is gathering a key part of its armed forces with the latest technologies in the western strategic direction. This is evidenced by the fact that the number of Russian armed forces personnel in this region amounts to over 370,000 soldiers, that is, approximately 30 percent of the slightly more than one million total Russian mili‑ tary personnel (more details in Table 1), and by the decisions made by Russia before the NATO summit in Warsaw to create additional two divisions of land forces: one in the Western Military District and another one in Southern Military District.

Table 1. Size of the Russian Federation’s armed forces in Western and Southern Military Districts Southern L.p. Type of armed forces Western Military District Military District 1 personnel about 300,000 about 72,000 2 tanks about 1100 3 infantry combat vehicles about1900 4 tactical missile systems about60 5 artillery above 100 mm caliber about2850 6 aircraft 570 7 strike helicopters 180 8 warships (including submarines) 126 (7)

Based on: A.M. Dyner, “Rosja wzmacnia potencjał wojskowy na zachodzie państwa”, Biuletyn PISM No. 36 (1386), 3 June 2016, p. 1.

All these activities seem to be a deterrent aimed at marking Russia’s sphere of influence and stopping the integration of the North­‑Atlantic Alliance with post­‑Soviet states. This integration may be perceived by Russia as a “ter‑ ritorial expansion” of the Alliance to the east and be a source of strengthening the Russian military presence on the border with NATO countries6. Two areas are of particular importance: the surroundings of the Kaliningrad Region and the annexed Crimea. In these areas, the latest Russian weapons are deployed, including missiles capable of delivering nuclear warheads. The total military potential of the Russian Federation located in Central and Eastern Europe is thus much larger than the NATO potential located in the same region. Actions taken as a result of the NATO Summit in Warsaw, consisting of strengthening the eastern flank of the Alliance, are aimed at equalizing forces on the NATO‑Russia­ line. A particularly sensi‑

6 Ibidem.

13 Studia Administracji i Bezpieczeństwa nr 5/2018 tive place is the “Suwałki Gap”: seventy kolometers of border between Poland and Lithuania located in the immediate vicinity of the Kaliningrad District, and being the only land connection between Poland and the northeasternmost allied countries, as illustrated in Figure 2. In the event of conflict, NATO needs to held the Suwalki Gap to strengthen the defense of the Baltic States, and its loss would mean practically the loss of these countries as well. Hence, it is necessary to increase the presence of NATO troops not only in the northeastern part of Poland, but also on the territory of Lithuania – on the other side of the Suwalki Gap. Russia also made political and legal steps to justify armed operations in other countries without their consent. In the Russian military doctrine of December 2014, apart from the obvious statement of the duty to defend the country, and apart from the declaration to ensure the security of Russia’s allies, there were provisions on the need to provide security also to Russian citizens remaining outside the terri‑ tory of the Russian Federation who found themselves threatened, even if it would involve the use of armed force (point 22 of the Doctrine)7.

Figure 2. Suwałki Gap on the background of NATO member countries

Based on: http://www.nato.int/nato‑on­ ­‑the­‑map, accessedon 15October 2017.

Russia’s diplomatic narration is that the cause of strengthening the western borders of Russia is the aggressive encircling of the Russian Fed‑ eration by NATO countries: the rising number of the members of the Alliance,

7 A. Madej, P. Świeżak, „Informacja na temat Doktryny Wojennej Federacji Rosyjskiej”, Bezpieczeństwo Narodowe No. 36, 2015, BBN, Warsaw, pp. 177­‑178.

14 Bogusław Jagusiak, Wojciech Nidbała, International Cooperation within the NATO Framework... the anti‑missile­ shield, the new NATO bases close not only to the western, but also the southern borders of the Russian Federation. This confirms the words of the former Supreme Allied Commander Operations, Philip M. Breedlowe, who stated that Russia is determined by its aggressive actions to rebuild the old sphere of influence and regain the status of world power, and on the occasion to reduce the role and significance of NATO8. Russia’s actions are as disturbing as that they show a violation of the rules on which the West has built the post­‑war security system – a system based on the respect for sovereignty, the integrity of borders, the peaceful settlement of disputes and the non‑abuse­ of power in international relations, as well as on voluntary participation in alliances. Evidently, the Russian Federation has a great geopolitical reason to carry out an attack on the territories of Central and Eastern European natioons. Countries of the former USSR in the immediate vicinity of Russiaare particularly in dan‑ ger. In this context, NATO’s Enhanced Advanced Presence that started in 2016 is of particular importance. For NATO, one of the key areas is the SuwałkiGap. Its loss would mean the cutoff of the Baltic states, such as Latvia and Estonia, from assistance from the main NATO territory. This is why so many NATO bases are located in Poland and Lithuania – in close proximity to the Kaliningrad Region.

NATO in the East of Europe

One of the widespread theories of international relations which considers the fac‑ tors that decide between war and peace is the theory of the balance of power. In accordance with it, international peace will be ensured if a balance exists in power relations that will prevent any actor from dominating over other partici‑ pants of international relations9. Therefore, balance, despite the need to constantly invest in defense, can guarantee peace thanks to the fact that all parties have a sim‑ ilar military strength10. If this theory is true, then after its conditions have been met, armed forces should never be used. In practice, this is obviously inaccessible in a direct way. It is enough to take into account the differences in the territories of individual states and their

8 P.M. Breedlove, “NATO’s Next Act, How to Handle Russia and Other threats”, Foreign Affairs 2016, July/August, p. 98. 9 K. Mingst, Podstawy stosunków międzynarodowych, Wydawnictwo Naukowe PWN, Warsaw, 2006, p. 89. 10 L. Porębski, Militarne aspekty światowego układu sił, http://winntbg.bg.agh.edu.pl/ skrypty2/0073/ roz05.pdf, accessedon10 October 2018.

15 Studia Administracji i Bezpieczeństwa nr 5/2018 economic potentials, to demonstrate the unrealistic implementation of this theory in practice. Balance of strength is, however, an extremely important deterrent. That is where defensive alliances ensure small states the possibility of having a large, effective military force that can match the potential of the great powers that these smaller countries may threaten. From this point of view, to identify the state of secu‑ rity of a given country or region, it is necessary to determine their defense potentials. For Central and Eastern Europe, it is crucial to compare the potentials of the world’s 2 largest military powers, for which this region is an area of struggle for influence since the Second World War. This is an exceptional area because: It is geopolitically located between the world’s 2 largest military powers: NATO and the Russian Federation, Although the armed forces of Russia and NATO are among the most active in the world, for many years after the end of World War II, no military operations were carried out there (this was only changed by the annexation of Crimea by the Russian Federation), It became one of the subjects of non‑military­ rivalry under the Cold War, Due to its geopolitical location on the NATO­‑Russia border, it is one of the most militarized areas in the world, Despite the lack of armed operations, the extent of the zones of influence of the North Atlantic Alliance and the Russian Federation changed over time, mov‑ ing north in the region in favor of NATO, and in the south (as shown by recent events – Russia’s presence in Ukraine) in favor of Russia11. NATO and Russia are belong to two different civilizations, and the dif‑ ferences in the level and quality of life imply significant cultural and economic differences, and a strategic approach to security. In 2016, NATO spent a total of nearly 921.5 billion USD on defense. At the same time, the Russian Federa‑ tion spent 44.6 billion USD for the same purpose, over twenty times less than the Alliance. Nevertheless, their potentials do not differ so drastically, which will be presented later in this study. This difference results mainly from the mentioned economic differences, including the costs of personnel employment, production and purchase of equipment, as well as differences in the level on which the armed forces are maintained, and in social and living conditions in which soldiers serve. Comparison of defense budgets is a great example showing the insufficiency of quantitative analysis (in this case, in absolute terms, of US dollars). Additional evaluation criteria should therefore be adopted.

11 Ibid.

16 Bogusław Jagusiak, Wojciech Nidbała, International Cooperation within the NATO Framework...

However, it should be remembered that the quantitative comparison of military potentials, that is, through the list of defense expenditures, the size of troops or equipment, is not decisive as to which party in the event of conflict would be in a winning position. Equally important is the qualitative analysis, that is, issues such as experience, strategic and tactical knowledge, quality of soldiers training and quality of equipment, possessed deterrence, and even the efficiency of diplomacy, which are much more difficult to determine mainly due to their non­‑numerical values. The global tendency in the field of defense and army is professionaliza‑ tion, which seeks in the most general form to stop devoting financial resources to maintaining old, ineffective forces and means of action, and allocating more money for appropriate training and modern equipment giving greater chance of gaining advantage in the event of conflict. As a result, such an approach leads to increasing the effectiveness of the armed forces without increasing defense expenditures, but only changing the way of spending funds. It should also be remembered that the military potential of the state or organization does not determine its international position. It is not difficult to find in the international arena countries that, despite humble armed forces, have a strong international position. An example of this may be Germany, whose armed forces are not numerous, but thanks to the economic strength and the ability to use its geopolitical position, the country enjoys a large influence on the international arena. A reverse scenario is also possible. A militarily strong state, despite eco‑ nomic weakness, can have a significant impact on the events of the world political scene. Such a state is, for example, the Russian Federation, which even during the crisis, which it underwent in the 1990’s, was able to retain its importance in the international arena.

NATO summit in Warsaw in 2016

The NATO summit in Warsaw was a continuation of activities launched at New‑ port in Wales and a real reaction of the Alliance to drastic changes in the security environment in Central and Eastern Europe. The Russian Federation has proved to be an unbelievable player that does not keep its promises and commitments. An example of this may be the Budapest Memorandum signed by the United States, the Russian Federation, Great Britain and Ukraine in December 1994, according to which, in exchange for the handing over of post­‑Soviet nuclear

17 Studia Administracji i Bezpieczeństwa nr 5/2018 weapons on the Ukrainian territory to Russia and for Ukraine’s accession to the Nuclear Non‑proliferation­ Treaty, the other signatory states committed themselves to, among others, respect the sovereignty and territorial integrity of Ukraine. The events of 2014, including the annexation of Crimea by Russia followed by the occupation of the Lugansk and Donetsk provinces, show that in Central and East‑ ern Europe there is an actor in the political scene who can change the borders of European states, disrupting the respect lasting for half a century after the Second World War. For NATO, these are measures that force the Alliance to take steps to prevent Russia’s further territorial expansion. During the NATO summit in Warsaw, a decision was made to change the concept of defense of the eastern flank12. It was decided to adopt the concept of the enhanced advanced presence of allied military forces instead of the cur‑ rent policy of rapid strengthening in the event of conflict. It was established that the new concept will be implemented through the deployment of four reinforced multinational battalion groupsto Estonia, Latvia, Lithuania and Poland. It was also established that in the new battalion group in Poland, the United States will play the role of the framework state, while the same roles will be performed by Canada in Latvia, by Great Britain in Estonia, and by Germany in Lithuania. Addition‑ ally, as many as eighteen countries have declared their willingness to contribute their armed forces to the new multinational battalion groups. During the Summit, a decision was also made to create a multinational division headquarters in Poland, whose task will be to support the battalion groups13. An important topic raised during the Summit was also the new threats, which either emerged recently, grew stronger, or began to affect the member states. They are first and foremost: –– cybercrime, –– terrorism, –– hybrid threats.

A special place was given to attacks, recognized as the most important aspect of NATO’s operational activities. The Allies committed themselves to increase their defense capabilities in this area, as well as to take into account ter‑ rorist threats in their defense strategies. This approach means treating cyber attacks as equivalent to conventional attacks, with the possibility to invoke Article 5 of the North Atlancic Treaty in case of a cyber attack on a NATO member state.

12 Communiqué from the NATO Summit in Warsaw, 2016. 13 Ibidem.

18 Bogusław Jagusiak, Wojciech Nidbała, International Cooperation within the NATO Framework...

It was also agreed that hybrid threats will become the subject of closer cooperation between NATO and the European Union. During the Summit, the direction of the Alliance’s policy towards the Russian Federation was also determined. The last aggressive actions of the eastern neighbor were considered a definitive rejection of repeated cooperation offers. No partnership or cooperation will be possible until Russia adheres to international law. However, the will to conduct dialogue at the level of the NATO‑Russia­ Council was confirmed. Regarding the conflict in Ukraine, during the Summit, the allies adopted the Comprehensive Assistance Package, and also stressed the special importance of cooperation under the Charter of Special Partnership14.

Bibliography 1. Breedlove P.M., NATO’s Next Act, How to Handle Russia and Other threats, Foreign Affairs, July/August 2016. 2. Budapest Memorandum, https://larouchepub.com/eiw/public/2014/eirv41n08­ ‍‑20140221/34­‑35_4108.pdf. 3. de Vasconcelos A., What ambitions for European defence in 2020?, EUISS, Paris, 2009. 4. Defence Expenditures of NATO Countries 2009‑2016,­ Communique PR/CP(2016)116. 5. Dyner A.M., Rosja wzmacnia potencjał wojskowy na zachodzie państwa, “Biuletyn PISM”, 3 June 2016, No. 36 (1386), p. 1. 6. NATO Joint Declaration, Allied Solidarity and Shared Responsibilit. 7. Kalibry odpalane z wyrzutni Iskanderów? Rosja złamała traktat INF, http://www. defence24.pl/354784,kalibry­‑odpalane­‑z­‑wyrzutni­‑iskanderow­‑rosja­‑zlamala­‑traktat­‑inf. 8. Koziej S., Pietrzak P., Szczyt NATO w Newport, “Bezpieczeństwo Narodowe” 2014, No. 31. 9. Kulesa Ł., Frear T., Raynowa D., Policy Brief. Managing Hazardous Incidents in the Euro­ ‍‑Atlantic Area: A New Plan of Action, European Leadership Network 2016. 10. Madej A., Świeżak P., Informacjanatemat Doktryny Wojennej Federacji Rosyjskiej, “Bezpieczeństwo Narodowe” 2015, No. 36. 11. Mingst K., Podstawy stosunków międzynarodowych, Warsaw, 2006. 12. North Atlantic Threaty, Dz. U. 2000.87.970. 13. Porębski L., Militarne aspekty światowego układu sił, http://winntbg.bg.agh.edu.pl/ skrypty2/0073/roz05.pdf. 14. SIPRI Yearbook 2016: Armaments, Disarmaments and International Security, www.sipriyearbook.org, p. 18.

14 NATO‑Ukraine­ Agreement signed on 9 July 1997 during the NATO Summit in Madrid. Under it, the NATO‑Ukraine­ Commission was established, working in the system of regular meetings at the level of the North Atlantic Council. The Commission’s task is to strengthen and develop cooperation between signatories in areas such as: conflict prevention, non‑proliferation­ of weapons of mass destruction, disarma‑ ment and arms control, technology transfer, arms exports, as well as combating drug traffic and terrorism.

19 Studia Administracji i Bezpieczeństwa nr 5/2018

15. Soloch P., Pietrzak P., Szczyt NATO w Warszawie: uwarunkowania, rezultaty, wnioski dla Polski, “Bezpieczeństwo Narodowe” 2016, No. 37­‑40, Warsaw. 16. Bezpieczeństwo granic Ukrainy kluczowe z punktu widzenia wschodniej flanki NATO, http://www.defence24.pl/bezpieczenstwo­‑granic­‑ukrainy­‑kluczowe­‑z‑punktu­ ­ ‍‑widzenia‑wschodniej­ ­‑flanki­‑nato, published on 29 February 2016. 17. Statement of NATO Summit in Warsaw, 2016. 18. Wales Summit Declaration issued by the Heads of State and Government participating in the meeting of the North Atlantic Council in Wales, 2014.

WWW resources 1. http://www.nato.int/nato‑on­ ­‑the­‑map, access on October 15th, 2017. 2. www.globalfirepower.com, access on October 5th, 2018.

20 Magdalena Skwarska University of Warsaw, Poland Andrzej Skwarski The Jacob of Paradies University in Gorzów Wielkopolski, Poland

International Security in the Light of the National Security Strategies of the United States of America and the Russian Federation

Summary The article presents strategies of national security of two of the most influential and powerful world states: the United States of America and the Russian Federation. Apart from the description of those documents and their similiarities, authors try to analyze how both of them shape international security.

Keywords: national security, United States of America, Russia, Russian Federation, international security, strategy

Introduction

Security is a word declined by all cases, appearing in the statements of politicians, scientists, functionaries, clerics and ordinary citizens – but it still raises concerns, controversies and often mere fear. Many documents, articles, and more or less offi‑ cial studies are devoted to the security problem. The documents of the highest rank are the National Security Strategies of individual states. According to the dictionary of the National Security Bureau of the Republic of Poland, this is „a national security concept that includes, in particular, identification of national interests and strategic objectives, assessment of the future development of a strategic security environment and principles and ways to achieve strategic objectives under anticipated conditions (implementation of operational tasks) as well as preparation (maintenance and trans‑ formation) of the national security system (implementation of preparatory tasks)”1.

1 https://www.bbn.gov.pl/pl/bezpieczenstwo­‑narodowe/minislownik­‑bbn‑propozy/6035,minislownik­ ­ ‍‑bbn­‑propozycje‑nowych­ ­‑terminow­‑z­‑dziedziny‑bezpieczenstwa.html.­ Studia Administracji i Bezpieczeństwa nr 5/2018

The analysis of the Security Strategy of all countries that prepare such documents exceeds the possibilities of the following article, hence the authors assume that the analysis of the strategies indicated in the title will allow a rela‑ tively complete presentation of the current global security situation. The choice of the United States of America is justified due to the power of this state, both mili‑ tary and economically, and its participation in world security policy. The choice of the Russian Federation is somewhat more controversial although, according to many rankings (the one prepared by Forbes included), it is ranked second. However, in the case of Russia, the military or economic potential is not every‑ thing. This state is an important element of the international security system due to the aspirations of being the most serious player in this sphere, and the char‑ acteristics of an authoritarian leader unrestricted by democratic state structures. The aggressive actions of only the last ten years in relation to Georgia or Ukraine also confirm the thesis about the position of this state in the process of shaping international security. The historical conditions of functioning over the decades of the bipolar world, also justify this choice.

The most important elements of the National Security Strategy of the United States of America

The US Security Strategy is a document prepared by the administration for the Congress, based on the 1986 Goldwater­‑Nichols Act. Originally, the law was intended to eliminate the effects of unhealthy competition of several services since the Vietnam War. The additional effect of the act was primarily a change in the command system. The Chairman of the Joint Chiefs of Staff became the presi‑ dent’s chief adviser in military matters2. As in other countries, the strategy is the most important document presenting threats and challenges for the security of the United States. In addition, it contains proposals for actions aimed at preventing negative phenomena, or at least limiting them. The security strategy in the United States is issued in a four­ ‍‑year system and most often coincides with the entering upon president’s office by a new winning candidate3. The strategy that had a major impact on the US approach to security problems was the one of 2002 that resulted from the tragic events of 11 September

2 Combatant Commands, Goldwater­‑Nicholls DOD Reorganization Act, 10 USC 162. 3 S. Koziej, Strategiczne i polityczne koncepcje bezpieczeństwa USA i Rosji, http://www.koziej.pl [access: 4.09.2018].

22 Magdalena Skwarska, Andrzej Skwarski, International Security in the Light...

2001. It was called the “Bush Doctrine.” The Americans faced the challenge of fighting against the enemy they had not had such a serious problem so far with, and who in a few hours destroyed the American sense of security. Being aware of the methods of action of terrorists, their methods also had to change. In connection with this, the idea of ​​“preemptive strike” appeared, allowing military preventive actions, undertaken on the basis of a threat of danger. In this way, a doctrine was established which replaced the system of deterrence functioning since World War II. The effect of the “Bush Doctrine” was also the break with multilateralism that dominated American politics for years. It was found that threats are serious and allow to perform in dependent actions without the support of international institu‑ tions, including even the UN. This institution was accused of ineffectiveness, even limiting the American ideas. The failure of independent actions in Iraq without UN approval and the limited NATO support prompted the US to return to the concept of multilateralism in the National Security Strategy of 2006, also signed by George Bush. The law of preventive strikes is still preserved, but the need to support insti‑ tutions that legitimize American moves has been recognized. Also, the partnership with the Old Continent has been underlined in the document. The following Strategy signed by Barack Obama differs from others mainly in volume as it contains sixty pages, while the previous one was half as large. In addition, it touches on many aspects of US security policy undertaken during the Bush presidency, but emphasizes other ways of solving these problems. The strategy stressed the need to rebuild American leadership, which will guaran‑ tee global security. The reconstruction of the US economic power is also intended to foster this goal. In regard with cooperation with international institutions and other countries, the strategy says straightforward: “Diplomacy is the foundation of our national security and our defense capabilities.” In relation to other regions of the world, the document is limited only to general statements about the Ameri‑ can desire to solve problems. Concerning Russia, it encourages to strive for “deepening the partnership” and building relations “based on common interests”4. The latest National Security Strategy bearing the signature of President Don‑ ald Trump was published on 18 December 2017 – several months after the start of the work of the new National Security Council. The first sentence of the introduction by President Trump says a lot about Donald Trump’s personality, “The American people elected me to make America great again.” The strategy in its broad outline represents

4 J. Kiwerska, Strategia Bezpieczeństwa Narodowego USA, „Biuletyn Instytutu Zachodniego” 2010, No. 40, pp. 5‑7.­

23 Studia Administracji i Bezpieczeństwa nr 5/2018 the electoral slogan of the Trump campaign “America First.” The volume is similar to the 60‑page­ strategy of Barack Obama. It is based on four pillars: 1. Protect the American People, the Homeland, and the American Way of Life. To accomplish these tasks, it is planned to strengthen the borders of the country, a deliberate migration policy, combating threats of mass destruction and weapons, combating international organized crime and Islamic terrorism, and maintaining US cyber security. 2. Promote American Prosperity. This is to be helped by establishing favorable economic relations related to the strengthening of the economy, support for innovation in the military sphere combined with secrecy of its effects, dominance of American solutions in technologies related to energy. 3. Preserve Peace Through Strength. This is to be achieved by reinforcing the armed forces both in terms of conventional capabilities and cybernetic capabilities, nuclear weapons, military intelligence and appropriately targeted diplomacy. 4. Advance American Influence. This will be achieved by promoting values esteemed in the US, supporting developing and fragile countries, making them dependent on the United States5.

The strategy emphasizes the case of security in cyberspace in almost every pillar. In the first pillar, it is proposed to conduct a risk analysis in such areas as: energy, finance and banking, security, transport and communication. The goal is to determine where attacks can lead to catastrophic consequences and where to chain reaction. Further activities are supposed to include modernization of federal networks, using solutions from the private sector. Another issue is the deterrence and neutralization of attacks on the critical infrastructure of the state. The need to exchange information from critical infrastructure and to improve access to classi‑ fied information was also recognized. The last task of the first pillar in the field of cyber security is to eliminate threats in networks in such a way that they will not get through to others. The second pillar includes proposals to prioritize research on encryption, nanotechnology, autonomous technologies, artificial intelligence and advanced computer technologies. In the third pillar there are mentioned the activi‑ ties of the armed forces in cyberspace, especially Russia and China. The activity of non‑state­ actors striving to destabilize intimidation or achieve undue profits

5 National Security Strategy of the United States of America, December 2017, https://www.whitehouse. gov/wp­‑content/uploads/2017/12/NSS‑Final­ ­‑12­‑18­‑2017­‑0905.pdf [access: 4.09.2018].

24 Magdalena Skwarska, Andrzej Skwarski, International Security in the Light... was also noticed. The strategy of 2017 in the most precise and broad way treats the problems of cyberspace, despite the small personal interest in these problems by the incumbent president. This is the first American document of this weight so seriously related to problems related to digital technologies. As for the threats, there is strongly emphasized interstate competition in the political, economic, military, technological and informational spheres, espe‑ cially in case of Russia and China. According to the strategy, these states perform propaganda, asymmetrical or conventional actions aimed at changing the map of the world order based on American domination: “China and Russia challenge American power, influence, and interests, a empting to erode American secu‑ rity and prosperity. ”The US firmly strives to maintain its position after the fall of socialism. Apart from China and Russia, the strategy mentions North Korea (DPRK) and Iran as countries pursuing a policy of destabilizing their neighbor‑ hood, supporting terrorism and having extensive rocket arsenals. The DPRK, by advancing in the nuclear and missile program, despite the disastrous economic and social situation, is growing into a global threat category. All of these countries also increase their ability to operate below the level of open aggression. Among the more or less real threats, there are mentioned terrorist organizations with par‑ ticular emphasis on Islamic State or Al Qaeda. Although terrorism since the “Bush Doctrine” is no longer a major threat, the experience of 11 September 2001 has left such a strong stigma on the security of the Americans that they still do not disregard terrorist activity. Also, international criminal organizations are the cur‑ rent problem mentioned in the strategy. Attention was also drawn to the danger of potential epidemics that could both occur naturally and intentionally in the United States. It is not ordinary to completely ignore the problem of climate change raised in previous documents. Fires and other natural disasters quite often haunt individual regions of the North American continent, hence the lack of inter‑ est in the current problem for the whole globe may be surprising. Considering the above threats and challenges, the American administra‑ tion plans to combat and implement mainly through military superiority. The use of all the measures available to this state is emphasized, but remaining the great‑ est military power of the world is the most important. The military advantage is also supposed to be an effective means of diplomatic action. This measure in diplomacy is to become the ultimate argument convincing both in the political, economic and, of course, military spheres. This clearly proves changes resulting in moving away from dialogue and negotiations in favor of strength solutions.

25 Studia Administracji i Bezpieczeństwa nr 5/2018

As noted in the strategy, this is not, of course, about the automatic use of force, but mainly the use of a deterrent element. The expansion of military power requires financial resources necessary for such an ambitious project, which the document does not mention. Only issues related to changing the way international agreements were concluded for more “righteous” people were discussed. Donald Trump in his speeches suggested a departure from rigorous budget policy in relation to military expenditures. It means an ad hoc increase in the army’s budget when the need arises. This solu‑ tion does not appear in the content of the strategy6. The strategy also provides ways to counter the threats from the already mentioned China, Russia, North Korea and Iran. The United States wants coopera‑ tion with South Korea, India, Japan, Australia and the countries of Southeast Asia. Responding to China’s claims to the South China Sea, the US is in favor of the freedom of the seas. In response to Russian threats, there strategy under lines a strict compliance with NATO commitments, in particular Article 5 of the North Atlantic Treaty. In addition, it envisages the commitment of European states to increase their share in financing the burdens related to counteracting Russian aggression. To summarize the Trump’s strategy document, it should be emphasized that it is different from the Bush strategy and those of other prevous presidents. It is mainly about clearly defining the threats to the American lifestyle and world domination, primarily from China or Russia. Also the indication of American assertiveness in order to defend the interests of the country differentiates this docu‑ ment from the others.

The Russian Federation’s National Security Strategy

On 31 December 2015, by the decree of Vladimir Putin, a new version of „The Russian Federation’s National Security Strategy” came into force. The docu‑ ment replaced a decree of 2009, “On the Russian Federation’s National Security Strategy Through 2020,” signed by Dmitriy Medvedev. A lot has changed in the international environment of Russia, its foreign and internal policies were adjusted to it, so the most important document for the whole security system had to be replaced as well. The document is the basis for strategic planning as it deter‑ mines national priorities of the Russian Federation. It also includes the description

6 M. Piotrowski, B. Wiśniewski, Strategia bezpieczeństwa narodowego USA: podejście administracji Trumpa, „Biuletyn PISM”, December 2017, No. 128 (1570).

26 Magdalena Skwarska, Andrzej Skwarski, International Security in the Light... of objectives, tasks and measures in the sphere of internal and foreign policies. All the Russian authorities on federal and regional levels were taken into consid‑ eration in order to consolidate their efforts to ensure the security and prosperity of the state7. The strategy consists of following parts: –– Russia in the Modern World; –– National Interests and Strategic National Priorities; –– Ensuring National Security; –– Organizational, Regulatory‑Legal,­ and Information Foundations for Implementing the Strategy; –– Main Indicators of the State of National Security.

In the document, the Russian authorities state that their state should return to the position of global superpower as it has already been involved in several con‑ flicts all over the world. The strategy emphasizes role of Russia as the peacekeeper because “There has been an increase in the Russian Federation’s role in resolving the most important international problems, settling military conflicts, and ensuring strategic stability and the supremacy of international law in interstate relations.” Not only the Russian Federation takes care of weaker states involved in military operations, but it also commits itself to protect people of Russian origin abroad. It is a direct reference to the Ukrainian crisis and the Crimea annexation when this kind of argumentation was used by Russian officials on everyday basis. There is mentioned also the need to establish leadership over the territory of world’s oceans and the Arctic as it has already become a reason for dispute of several players. Although authors of the document are quite optimistic about Russia’s political and economic situation, they admit that there are new threats to the secu‑ rity of the state. The most important one is the resistance of the United States and its allies that are not willing to limit their monopoly. Moreover, they strive to develop NATO structures that are getting closer to Russian borders year after year. It is seen as a violation of international law and a direct threat against the Russian Federation and its allies. According to the strategy, the world becomes polycentric, what results in its increasing instability as “We are seeing an exacerbation of contradictions linked to the unevenness of world development, the deepening of the gap between countries’ levels of prosperity, the struggle for resources, access to markets, and

7 K. Gołaś, Koncepcja bezpieczeństwa narodowego Federacji Rosyjskiej, Geopolityka.net, September 2013, http://geopolityka.net/koncepcja‑bezpieczenstwa­ ‑narodowego­ ­‑federacji‑rosyjskiej.­

27 Studia Administracji i Bezpieczeństwa nr 5/2018 control over transportation arteries. The competition between states is increasingly encompassing social development values and models and human, scientific, and technological potentials. ”Russian idea of foreign policy is basen mainly on a force as a factor. However, it is introduced as a defense measures, that Russia is made to introduce because of the rise in militarization (including nuclear potential) in its neighborhood, especially in NATO member states. NATO is not the only criticized element of the Western world order. It is stated that the United States and its allies restrain the process of integration, especially in the region of Eurasia, in result creating new conflicts. As an example there is mentioned the Ukrainian crisis, which according to Russians was an illegal putsch resulting in the military conflict, but it was strongly supported by the US and the European Union. Another example of incompetence of Western leaders, according to Russia, is the migration crisis, which showed how ineffectually works the system based on NATO and the European Union8. The strategy includes elements of Russian propaganda, as enumerated there are several examples of success, such as the strengthening of the economic potential of the state, the revival of traditional Russian values, and the increase of natural population growth and of the average life expectancy. All the above goals could be achieved by strengthening the internal unity of Russian society, social stabilization, and ethnic and religious tolerance. As one of the most important documents of the Russian system, the strat‑ egy describes strategic interests of the federation, which include strengthening the country’s defense, safe guarding the constitutional order, sovereignty and territo‑ rial integrity, improving state stability and national unity, developing democratic institutions and civil society, getting the status of world power, and improving living standards and demography. In order to guarantee achievement of goals, certains pheres of public life have been given the status of national priority: –– national defense; –– state and public security; –– economic growth; –– science, technology and education; –– healthcare; –– culture; –– ecology of living systems and the rational use of natural resources; –– strategic stability and equal strategic partnership.

8 R. McDermott, Russia’s 2015 National Security Strategy, „EurasiaDaily Monitor”, January 2016, Vol. 13, Issue 7.

28 Magdalena Skwarska, Andrzej Skwarski, International Security in the Light...

In order to fulfill its strategic interests, the Russian Federation focuses largely on national defense. It is described in the Military Doctrine of the Russian Federation and organized with the participation of the Russian Federation Armed Forces, other troops, military formations and agencies together with civil defense forces. According to the strategy, all their actions are supposed to be focused on preventing conflicts and safe guarding Russian sovereignty. As key factors, mentione dare the modernization of military armament and equipment, and the mobilization and training both of the professional troops and of the society. As the main threats and obstacles to the defense of Russian strategic inter‑ ests, listed are: –– intelligence activitiy of foreign states and individuals; –– terrorist and extremist organizations activity; –– acquisition of weapons of mass destruction; –– nuclearattacks; –– actionsundertaken by nationalist, religious extremist or foreign non‑ govern mental organizations; –– destabilization of the internal situation in terms of political and social lives; –– criminal organizations activity; –– promotion of the ideology of fascism, extremism, terrorism and separatism; –– corruption; –– natural disasters and catastrophies.

In order to safeguard the society and the state, activities of the law enforce‑ ment agencies and special services should be more effective and unified. There should be a system allowing for integration of all the subjects into one policy, based on specific legal acts. In order to do so, a structure is being developed in all the fields that may be potentially used to pose a danger to national security, like fuel and energy industries, transport infrastructure and the informations phere. It is empha‑ sized that establishing safety of the state can only be fulfilled with the development of law enforcement agencies and special services that are granted special guarantees for their employees and are equipped with advanced tools and knowledge. The strategy focuses also on the needs of Russian society, such as protec‑ tion of human rights and freedoms, equality of income, employment, development of the infrastructure, healthcare, and protection from natural disasters. It is emphasized that all those needs Russia should fulfill on its own, without help of foreign states or international organizations.

29 Studia Administracji i Bezpieczeństwa nr 5/2018

Authors of the strategy describe potential partners that Russia can cooper‑ ate with in order to establish a stable system of foreign relations that is necessary to ensure state economic growth and social and political development. First of all, the Russian Federation is going to improve dialogue within the BRICS format, RIC, G20, Shanghai Cooperation Organization and Eurasian Economic Com‑ munity. In terms of political cooperation, the main interest Russia puts in the Commonwealth of Independent States together with Abkhazia and South Osetia and the Collective Security Treaty Organization. As for the states that were not part of the USSR, China is mentioned as a key factor to global and regional stability. India can also expect the privileged strategic partnership from Russia, according to the document9. Although Russia considers NATO as one of its enemies, it underlines the need for effective cooperation with the European Union and non­‑member Euro‑ pean states in terms of creating one system of collective security on a clear legal basis. Taking into consideration the convergence of interests, Russia is interested in a dialogue with the United States that would be focused on improving the mechanisms of arms control, reinforcing trust, solving issues related to the prolif‑ eration of mass destruction weapons, the war on terrorism and regional conflicts. One of the key regions mentioned is the Arctic which in the last few years has been a stage of rivalry of several world players interested in its natural resources. The most recent strategy of the Russian Federation does not seem differ‑ ent from previous ones as the main goals remain the same: regaining the status of world leader, gaining domination in the region, and improving economic and social lives. Some elements were adjusted to the most recent actions under taken by Russia – for example, mentioning the protection of Russian citizens abroad is a clear reference to the Crimea and Eastern Ukraine crisis.

The effects of Russian and American strategies for international security

Analyzing the national security strategy of the United States of America and of the Russian Federation, one can get the impression of some retreat from reality, espe‑ cially considering the Russian document. The idealistic vision presented by President Putin’s administration in relation to external and internal policy, economic develop‑ ment, and healthcare is little consistent with the reality of the Russian state, with its economic, demographic and numerous other problems. Can this document be taken

9 A.M. Dyner, Nowa Koncepcja rosyjskiej polityki zagranicznej, „Biuletyn PISM”, 3 January 2017, No. 1 (1443).

30 Magdalena Skwarska, Andrzej Skwarski, International Security in the Light... seriously in this situation? Certainly yes, but one should take into account the inter‑ nal situation of Russia, the position of the president in office and the characteristics of the Russian society. The authoritarian presidential power would not allow nega‑ tive information about the state ruled by Putin to be put in the strategy. Therefore, the interpretation of the Russian strategy must be accompanied by knowledge about the conditions prevailing in Russia and the president himself. With this approach, there is a real possibility to read the true premises of this document. The Russian strategy focuses largely on identifying threats and opponents, as the most serious treating NATO and its development in regions neighboring with the Russian Federation. As one of the main players outside the structure, Rus‑ sia is looking for allies who could counter balance the Alliance. In connection with this intention, the Collective Security Treaty Organization was established, bring‑ ing together some of the former Soviet Union republics. On the one hand, it is an expression of the Russian desire to dominate the region; on the other, an attempt to compete with NATO. Russia’s position against the Alliance destroys peace on the international stage, because most of the world’s conflicts take place with the participation of both NATO member sand Russia, and therefore an effective dia‑ logue between them is necessary to solve the conflicts. The Russian Federation’s emphasis that the Alliance is a direct threat to it will certainly not help in building positive relationships. Another aspect addressed in the strategy and having a direct impact on the issue of global security is the Russian legitimization of offensive activities outside the Federation. The authors of the strategy emphasize that Russia is ready to defend its citizens (or people of Russian origin) outside its borders. This state‑ ment is a reference to the situation in Ukraine, but it can be useful for the Russian authorities in case of any other conflict with their participation. It is also possible to use this excuse to escalate tensions in a given community through media war‑ fare and hybrid activities. Knowledge of the realities of the USA should also be used in the case of analysis of the American strategy. Here it is important to understand the personality of President Trump. His character reflects the first sentence of the introduction in which he declares that he was elected to make the United States again a powerful and strong state. Other provisions of the document are sticking to the realities of US security policy. The declaration of accentuation of US military superiority in various international situations will have a major impact on shaping global security. There is even mentioned using the argument of strength in political negotiations. In addition, force is not excluded in the event of a serious threat from

31 Studia Administracji i Bezpieczeństwa nr 5/2018 terrorists or unstable states possessing nuclear weapons. On the one hand, this kind of declaration may have a positive impact to calm the North Korea or Iran, and on the other hand, on taking “defense” actions. In general, attention should be paid to the dominance of threats coming from other countries or non‑state­ actors. It is worrying that such a large country does not take in to account climate threats, environmental pollution or violent weather phenomena. Now these threats are more and more dangerous to human‑ ity than others. The United States is also experiencing this kind of situation and as a dominant power should take measures to reduce these dangers. An old Chinese proverb says “May you live in interesting times”. Cer‑ tainly these words are applicable in the 21st century. After analyzing the discussed strategies, there is a reflection whether these times are not too interesting, and the dynamics of events, various types of changes, challenges and threats will not lead to a serious crisis.

Bibliography 1. Combatant Commands, Goldwater–Nicholls DOD Reorganization Act, 10 USC 162. 2. Koziej, S., Strategiczne i polityczne koncepcje bezpieczeństwa USA i Rosji, http://www.koziej.pl. 3. Kiwerska J., Strategia Bezpieczeństwa Narodowego USA, “Biuletyn Instytutu Zach‑ odniego”2010, No. 40. 4. Piotrowski M., Wiśniewski B., Strategia bezpieczeństwa narodowego USA: podejście administracji Trumpa, “Biuletyn PISM”, December 2017, No. 128 (1570). 5. Gołaś K., Koncepcja bezpieczeństwa narodowego Federacji Rosyjskiej, Geopolityka.net, September 2013, http://geopolityka.net/koncepcja‑bezpieczenstwa‑narodowego-federacji‑ rosyjskiej/ 6. McDermott R., Russia’s 2015 National Security Strategy, “Eurasia Daily Monitor”, January 2016, Vol. 13, Issue 7. 7. Dyner A.M., Nowa koncepcja rosyjskiej polityki zagranicznej, “Biuletyn PISM”, Janu‑ ary 2017, No. 1 (1443).

WWW resources 1. https://www.bbn.gov.pl/pl/bezpieczenstwo‑narodowe/minislownik‑bbn‑propozy/6035, minislownik‑bbn-propozycje‑nowych‑terminow‑z‑dziedziny‑bezpieczenstwa.html. 2. National Security Strategy of the United States of America, December 2017, https:// www.whitehouse.gov/wp‑content/uploads/2017/12/NSS‑Final‑12‑18‑2017‑0905.pdf.

32 Andrzej Paradowski Military University of Technology, Warsaw, Poland

The Military Role of the Kaliningrad Region in Security Concepts of the USSR and the Russian Federation

Summary Vladimir Putin’s Russia is a country with strong aspirations to rebuild its super‑ power position in the world. In this process, the Kaliningrad Region and its military strength play a significant role. At the same time, this region is an important element of the foreign policy and security of the Russian Federation, and due to its geographical location, it is a key element of Russia’s political and military influence on the Western countries. The region also plays an important economic role, and the Russian Baltic Fleet oftenarried out activities sup‑ porting the economic development of the region and the country. After the takeover of power by Vladimir Putin, the significance of Kaliningrad increased even more, and the area itself plays an important role in the New Defense Doctrine of the Russian Federation. A tendency visible for years, relating to the region, is to increase the military position of the Kaliningrad Region together with increasing aspirations of imperial power by the Kremlin.

Keywords: Kaliningrad, Central­‑Eastern Europe, European security, Western policy of the Russian Federation

Russia has been directly controlling the largest part of the World for sev‑ eral hundred years. Its enormous expanses and potential for wealth, as well as the way in which authority uses these strengths, is very important in today’s glo‑ balizing world. Interest in the Russian Federation is particularly stimulating the changes that have been made in the political scene in recent years, especially now after the annexation of Crimea, the Donbas War, as well as engaging in conflicts in the Middle East. Since the time of Peter I, tsarist Russia has played the role of the World Empire, which after a revolutionary cataclysm tried to change the world to its likeness, being a superpower already. This intention failed on the threshold of the last decade of the past century. The inefficient empire collapsed and the Rus‑ sian Federation emerged in 1991. Studia Administracji i Bezpieczeństwa nr 5/2018

After the dissolution of the USSR, Russia was faced with the need to answer a number of fundamental questions, especially about its future as a state and super‑ power, about the way of the future social and economic development, and finally about their relationship towards former allies from Central and Eastern Europe. In Poland, the topic of Russia aroused many emotions, which is natural and fully understandable primarily because of the proximity of both countries and the complex history of their bilateral relations1. After 1989, Poland set a path to normalize its European status. This path leads through historical reconcilia‑ tion with Germany and uses favorable geopolitical changes in the East2. Although there are still layers of misunderstandings accumulated through the years, mutual claims of injustice and accusations, the important thing for Poland is its place it in the hierarchy of Russian interests. The conviction that friendly Polish­‑Russian relations depend on good will and resignation from “teasing Russia” is a danger‑ ous illusion. Communist propaganda has persuaded us for decades that Russia and the Russians were the Polish allies throughout our history. Meanwhile, even a cursory analysis points to something quite different. It is difficult to find a period of good cooperation with Russiain Polish history (unless we consider the period 1944­‑1994 as such). There has always been a conflict of interests between our countries throughout history. The invitation for Polish politicians to Moscow more often resembled a call than a proposal3. The whole Polish history of the twentieth century is the history of the invitation to Moscow and the dilemma of “To go or not to go?” Some politicians were coming back, showered with flowers, others with disgrace. What really vary them is a relationship to one’s own people. Some of them rode in the feeling that they represent their nation, their dignity and their good name, others went there on their own account and, as the history teaches, they always had to pay this bill. Russia’s foreign and security policy is constantly raising discussions and controversies in the world. It changed dramatically after the takeover of power by Władimir Putin in 2000. The President’s goal is the reconstruction of the super‑ power position of Russia from the Soviet era, mainly based on military strength. By taking advantage of the good times on oil and gas prices, the Russsian Federa‑ tion allocates enormous financial resources for reinforcement. A specific increase in activity occurred after the events of 11 September 2001 in the United States, as well as after the enlargement of the European Union and NATO. There are extremely important processes within Russia that will affect the fate of Europe

1 A. Stępień­‑Kuczyńska and J. Adamowski, Szkice o Rosji, Łódź–Warszawa 2000, p. 5. 2 P. Grudziński, Polska – Rosja. Niezgoda i współpraca, Warszawa 1997, p. 51. 3 D. Baliszewski, Prigłaszenieje in Moskwu, „Wprost”, 1 maja 2005, pp. 82‑84.­

34 Andrzej Paradowski, The Military Role of the Kaliningrad Reion... and the world. The West is fascinated by Russia, but it is also fearful. It is always ready to come with help, even in the interest of its own peace. “The West refuses others, but will always help Russia”, says Professor W. Roszkowski. One of the very important elements in the reconstruction of Russia’s spur power position is to enhance the military strength of the Kaliningrad Region. Kaliningrad, which after the World War II was incorporated into the Soviet Union, played and plays a very important role in the foreign policy and security of the USSR and the Russian Federation. It is the western most part of the Russian Federation, thanks to which Russia has not only an access to the Baltic Sea with the only non‑freezing­ Russian seaport in the Baltic, but also a border with the bulk of European Union, thereby exerting a significant influence on the geopolitical situation in Europe and the entire Western world. After the Second World War, Kaliningrad was an unknown land. The Kaliningrad Region, the northern part of the former German enclave of Ostpreus‑ sen (East Prussia), by the decision of the Potsdam Conference was transferred to the Soviet Union in 1945. “In 1946, Königsberg was renamed Kaliningrad in honor of Kalinin, a faithful colleague of Stalin, known to the Poles forhis acceptance of Stalin decisions to kill Polish military officers who were later assassinated in Katyń and other places”4. “The decisions to incorporate the city of Königsberg to the Soviet Union were the realization of Stalin’s direct ideas, and their unfavourable effects on peace and economic development in this part of Europe are still visible today”5. After the collapse of the Soviet Union in 1991, the region became a sepa‑ rate territory again, now as a component of the Russian Federation. About one million Russians live currently in the region of 15 thousand square kilometers, neighboring Poland, Lithuania and the Baltic Sea, and separated from Russia by a distance of 450 kilometers. Taking over the city, the Soviets displaced the previ‑ ous German population, and they transformed the city seaport into the main base of the Baltic Fleet of the Russian Navy. From 1945 to 1989, the region was closed to the outside world. Since 1989, Russia has announced various great plans for this region, but they have come to nothing. In the neighboring Poland, the Kaliningrad Region has always aroused curiosity and interest as something almost exotic. It was just as inaccessible as a distant country in another hemisphere. Poland had no economic, political, cultural relations with the region, and contacts between people were limited to

4 Ibidem, p. 267. 5 M. Biskupski, Królewiec a Polska, Olsztyn 1993, p. 180.

35 Studia Administracji i Bezpieczeństwa nr 5/2018 occasional meetings of regional Communist Party or administrative leaders. Occa‑ sional contacts claimed to celebrate Communinst Party and state holidays. There were no border crossings, and roads in the Northeasternregion of Poland ended with barbed wire under tension. This was the border of two friendly countries of the so­‑called socialist system. After the year 1990, thanks to wise and predictive people on both sides of the border, the Kaliningrad District was opened to Poland and Europe. The region is a small but important element of the great Russian empire, which after 1991 is an object of observation on the international arena. In my opinion, the Kaliningrad Region as the western most part of the Russian Federation could play a huge role as a link connecting Russia’s economy with other European countries. The events of recent years have influenced the fate of the region in two ways. On the one hand, the region was separated from the rest of Russia by inde‑ pendent states, which made communication of citizens and transporting essential products to it, such as gas, fuel, building materials or components for industrial production, as well as food products, extremely difficult. On the other hand, the liberalization of foreign trade and the achievement of greater independence is stimulating and support the use of the free economic zone. The part of Russia still located on the Baltic Sea still needs capital and material resources. The issue of the Kaliningrad Region has become an international prob‑ lem and through its direct neighborhood with this exclave, is also an important part of Polish foreign policy. This situation is a challenge for Poland, especially in the con‑ text of building a coherent European Union strategy for the future of the Kaliningrad6. In the course of the discussion on Kaliningrad, there are many questions about the situation of the region and its significance for the neighboring countries, the real interests and the intentions of the parties involved in the debate and the future of the region. Since the end of the Second World War, the Soviet Army and then the Rus‑ sian Army played an extremely important role in the Kaliningrad district. Joseph Stalin, when demanding the northern part of East Prussia into the USSR, was well aware of the fact that it would acquire the only non‑freezingseaport­ on the Baltic Sea, through which the entire Baltic Sea and Poland can be controlled. Immedi‑ ately after liberation from Nazi Germany, Königsberg was a closed war district. A decision by the State Defence Committee of the USSR on 10 June 1945 created

6 A. Żukowski, Polska wobec Obwodu Kaliningradzkiego, Institute of Political Science, Warmian­ ‍‑Masurian University in Olsztyn, Olsztyn 2004, p. 88.

36 Andrzej Paradowski, The Military Role of the Kaliningrad Reion... a Königsberg Special Military District. This decision has become the basis for developing the military future of the region. The establishment of this adminis‑ trative unit indicated a very important role for the armed forces in preparing the integration of the region into the USSR administrative and economic structure. A provisional management board for civil matters was established in the district. From the very beginning, the military authorities were in favor of dis‑ mantling the surviving industrial facilities and sending them into the depth of the Soviet Union. On the other hand, the Provisional Board for Civil Matters was in the position to rebuild the sectors important for the entire economy and create the basis for economic existence here. These differences of interest between the military and the civil authorities were particularly evident during the period of the temporary Civil Administration by V.A. Borisow and First Secretary of the Communis Party’s regional committee, P.A. Ivanov. Both were opponents of the “wild disassembly” of the post‑German­ economy and supporters of including the undamaged part of the region’s economy into the bloodstream of the Soviet economy. However, the military option prevailed and decided the nature of the region. For military purposes,this option worked for the economy of cities and villages of the Region as well as other industrial enterprises and scientific and research teams that stood out in the USSR with the quality of their products and modern technology. For example, the Kvarts conglomerate of electronics industry produced the most mod‑ ern rocket electronics and participated in the production of elements for the space program. From the outset, the Kaliningrad Region was saturated with military struc‑ tures. In the same regional office of the Ministry of Interior,2.5 thousand officers served at the end of 1946, and their numbers grew in the following years. The total military personnel in 1947 was estimated at over 100 thousand people. Barbed wire was placed in the regions’s borders with Poland and the Lithuanian Soviet Socialist Republic of the USSR. These borders were carefully controlled and this situation lasted until 1990. Some cities of the region have been closed for civilians, for exam‑ ple Baltiysk (formerly Pilau), which was renamed as the headquarters of the Baltic Fleet. Forresettled people arriving to the Region, ID cards were issued that were single entry passes. Because of the geographical location, from the military point of view, having the nature of the strategic boundary and the geophysical conditions for stationing all types of armed forces, the Kaliningrad Region began to play one of the main roles in the strategic defense concept of the USSR. From this area, it was possible to conduct combined land, air and sea operations.

37 Studia Administracji i Bezpieczeństwa nr 5/2018

One of the first tasks of the army was to rebuild the port in Baltiysk, as well as reconstruction remaining, the post­‑German Military infrastructure. The military also used a network of German airports that were renovated and modernised. In 1946, 4 air Divisions – 8 MTAD, 1 GSZAD, 9 SZAD, 11 GSZAD – were transferred to the Kaliningrad Region. In total, they constituted 17 air regiments. The flight command was transferred on 25.04.1946 from Palanga (Lithuania) to Kaliningrad. The 1950’s were characterized by a new stage for the development of aviation in the Kaliningrad Region. Most of the regiments and divisions were equipped with new MiG15 and MIG17 attack aircraft, as well as the Il28 bombers, and TU16. At the same time in 1952, aviation was equipped with new torpedoes, mines and bombs. The airports, such as Chkalovsk, Dunayevka and Khrabrovo, were also modernized and modernized. The planes were successively equipped with modern weapons. At the end of the 1980’s, there was further strengthening of aviation and replacement of aircraft for airplanes SU‑24­ ‑МР­ and SU‑24­ ‑МН.­ It is also necessary to mention that many aviators from Kaliningrad took part in the space program, and four of them – А. Leonov, В. Patsayev, Y. Romanenko and A. Viktorenko – became cosmonauts. Sixty­‑threre streets in forty cities of the former Soviet Unionwere named after the Kaliningrad Regionpilots. Aviation has played a huge role in the combat strategy of the Kaliningrad Region. In the first years after the war, a unit of the Baltic Fleet was mine clearing the Baltic Sea. From 1945 to 1962, more than 8364 sea mines were destroyed with the help of trawlers. Very important combat tasks were given to the Soviet Navy after the war. Type C188 and C364 submarines patrolled the Baltic Sea and the North Atlantic. Over time, these boats were exchanged for more modern ones in 1976, new subma‑ rines with ballistic missiles, Type A629, were launched for the Baltic Fleet. They were equipped with 3 nuclear combat missiles. The Baltic Fleet was also equipped with 50 type patrol ships, as well as destroyers, missiles and landing ships. There‑ fore, the operational activities of this Fleet were also intensified and expanded. The Fleet that patrolled the Baltic Sea began to serve in the Atlantic Ocean and the Mediterranean Sea. The special brigades of the Baltic Fleet Track submarines and the TU16 aircraft were used for the tracking of NATO’s major forces. At the begin‑ ning of the 1960’s, the Baltic Fleet was equipped with nuclear cargo. It received submarines, missile ships and aircraft equipped with nuclear weapons. This was a response to the appropriate nuclear equipment of NATO troops. The troops of the Baltic Fleet as well as the land forces were innovated all the time. In 1975, 50 percent of naval and terrestrial units were equipped with such armament.

38 Andrzej Paradowski, The Military Role of the Kaliningrad Reion...

Underwater project boats,Type 613, were exchanged for atomic submarine Project 641 and 661, and patrol ships Project 50, for patrol ships Type 70. In this way, the Baltic Fleet comprehensively fulfilled the task of combat service in the armed forces of the USSR. NATO treated the Tleet as a very dangerous opponent. Ground troops were formed from the 11th Guards Army, under the com‑ mand of Gen. Col. K. N. Galitskiy, who took part in the assault and the capture of Königsberg. Initially, they consisted of 23rd Guard Armored Brigade, and 260th, 348th and 338th motorized artillery brigades. The main command of the 11th Army was located in Kaliningrad on Komsomolskaya Street. These troops, in accordance with the military doctrine of the USSR, were used to defend the coast, ports, ship‑ yards and air bases against possible enemy landing. In a short time they were ready to take offensive actions in case of danger. Throughout the period of 1945‑1990,­ they were successively equipped and armed with more and more modern equip‑ ment. In the 1960’s, rocket troops were equipped with nuclear weapons. The military potential found in the Kaliningrad Region far outweighed the defense needs of this region. In favor of the Kaliningrad group front aviation units based on the areas of the neighboring military districts (Moscow and Len‑ ingrad) could also work. Such a large grouping of military forces in the perimeter has always aroused concern among Western states. At all disarmament confer‑ ences, talks on the demilitarization of the district were made. The USSR, however, responded to all these pressures that the military presence there is several times lower than that allowed by the Treaty on Conventional Forces in Europe (CFE). In the period 1945‑1990,­ all types of stationed troops in the Kaliningrad Region were successively modernised and trained. Claimed them all the time in combat readiness. Only the end of the 1990’s, the Soviet economic crisis led to a gradual deterioration of their technical condition. Until 1990, this military Region and the Soviet Army stationed there were practically completely cut off from the outside world. The new geopolitical situation, as well as the democratic world’s emphasis on the Russian Federation, have begun to bring positive changes also in the region. The military also had to face a new geopolitical reality. Until 1990, the region played a particular role in the implementation of the Soviet geostrategy in the Baltic area. In the view of European countries, the Vienna Conference on the reduction of conventional forces in Europe was carried out too slowly in the Kalingrad Region. The Soviets explained it with the necessity to transforming the region into a kind of stage point for the retired Soviet troops from Germany, Czechoslovakia and Poland. During this period, according to experts, approximately 180 thousand soldiers stationed in the region. It should

39 Studia Administracji i Bezpieczeństwa nr 5/2018 be mentioned that Poland held a balanced position regarding the saturation of the region with armed forces during this period. The Soviet economic crisis also influenced the problems of the Soviet Army in the Kaliningrad Region. Ashead of the economic and financial management of the fleet, Colonel V. Leonev stated in the early 1990’s, the Fleet received only 30‑50­ percent of the necessary financial resources from the state. This resulted in delays in the payment of wages for army civilian workers. These problems also affected the payment for municipal services such as water, electricity and wastewater man‑ agement. During this period, electricity in the bases in Baltiysk and Chkalovsk was often cut off. The most severe was the lack of housing for the military released from the reserve, as well as dislocated from the Baltic States. There were more and more voices about the need to change the structure and size of troops stationed in the Kaliningrad Region. In March 1994, the then Russian Minister of National Defense Paweł Graczowarrived in Kaliningrad with a proposal, developed by the General Steff of the Armed Forces of the Russian Federation, a proposal to establish the a Kaliningrad Special Region. The essence of this proposal was to subordinate all types of armed forces to a uniform command, to reduce their numbers and modern‑ ize them. The organization of the Kaliningrad Special District was entrusted to the Russian Baltic Fleet under the command of Admiral Vladimir Yegorov. Minister Graczow stressed the great importance of this military district for the security of Russia, stating that the strategic operational forces stationed in the district should be able to conduct counterattacks, not only from the sea but from the hinterland. In April 1994, the special Kaliningrad Military District was created and directly subordinated to the Defence Minister of the Russian Federation and to the Russian General Staff. All land and air units of the 11th Guard Army and the Baltic Fleet were grouped under one command led by Admiral Vladimir Yegorov. He stated that due to its specific geopolitical position, the Kaliningrad Region plays a special role in securing Russia’s national interests in the Baltic region and across Europe. The defensive role of the region is to maintain control, with naval and air forces, of the Baltic Sea and a large part of Central and Eastern Europe. Kaliningrad became the headquarters of fleet command. Some observers perceived these actions as an attempt to militarize the Kaliningrad Region. It turned out, however, that it was under the command of Admiral Yegorov that the systematic reduction of personnel started, while the equipment of the Fleet was modernized. It is primarily due to him that the Baltic Fleet owes its thorough reorganization. Reforms have eliminated the majority of administra‑ tive structures and reduced permanent land units by about 40 percent. The army

40 Andrzej Paradowski, The Military Role of the Kaliningrad Reion... began to withdraw obsolete equipment, replacing it with a new and modernizing the army. Payouts and salaries stabilized. As a result of all these changes, the Bal‑ tic Fleet was transformed into one of the most modern tactical units of the armed forces of the Russian Federation. Although reduced in numbers, it has become more mobile and modern. In the new military doctrine of the Russian Federation, the Baltic Fleet is strengthened in importance in an transparent offensive way, and during a hypothet‑ ical conflict it can make a long­‑term impact on selected targets, as well as destroy NATO’s ships in the Baltic Sea. By the words of the Russian Minister of Defence, Sergei Shoigu: “The Baltic Fleet is Russia’s fist in Central Europe”. One of the tasks of the Baltic Fleet in recent years has been the participa‑ tion in the construction and subsequent protection of the Nord Stream gas pipeline on the bottom of the Baltic Sea. The hydrographic ships of this fleet are involved in determining the route of the gas pipeline and unmanned subsurface vehicles will be used in its installation. During the period of command of the Baltic Fleet by Yegorov, with the approval of the authorities in Moscow, the fleet begun coopera‑ tion with its closest neighbors, as well as with NATO countries (joint exercises in the Baltic Sea, exchange of military artistic and sport teams). Partnership meet‑ ings with Poland at the level of the district commanders took place on the basis of an annual schedule agreed by the defense ministries of both countries. Admiral Yegorov himself, together with the fleet commanders, visited Poland, Germany and Lithuania many times, and was open to cooperation, which the Poles often unable to use. Subsequent inspections carried out by the Committee on Reducing Con‑ ventional Forces in Europe (CFE) ended successfully for the Baltic Fleet, while experts from Scandinavia, Germany and the United States confirmed a system‑ atic decrease in the number of troops in the region and its modernization. A firm opposition to NATO enlargement plans for Poland and the three Baltic countries reconciled all political factions in Russia and raised the rank and significance of the Kaliningrad Regionin the war strategy of the Russian Federation. Since 2000, when President Putin came to power, the military potential of the Kalinin‑ grad Region began to gain strength and importance. Admiral Yegorov commanded the Baltic Fleet until 2000, when he became the Governor of the Kaliningrad Region. After his departure, and until 2006, Vice Admiral V. Voluyev commanded the fleet. Since 2006, the function was performed by K. Sidenko. Since 2016, Vice Admiral Aleksandr Nosatov has been in charge. The Baltic fleet is deployed in bases in Baltiysk, Kaliningrad and Kronstadt (subma‑ rines). The flagship of the Baltic Fleet is the missile destroyer Nastochivyi.

41 Studia Administracji i Bezpieczeństwa nr 5/2018

In 2014, the fleet comprised about 100 warships (3 Slava type cruisers, 3 Sovremennyi type missile destroyers, 26 missile frigates, 9 tactical submarines and 80 auxiliary ships: hovercrafts, patrol and amphibious ships). According to unofficial data, about 50 thousand soldiers are stationed for the shield of fleet operations in the region. Stationing such a large number of soldiers in such a small area contributes to the degradation of the natural environment, and raises the concerns of the nearest neighbors – Poland, Baltic countries and Scandinavian countries. In January 2001, the American daily newspaper The Washington Times reported a transfer of nuclear weapons to the Kaliningrad Region. However, these reports were not confirmed. Nuclear ballistic missile warheads were stored in the Kaliningrad district in the Soviet era, and a large number of them were placed in this region at the withdrawal of Soviet troops from East Germany, Poland, Lithu‑ ania, Latvia and Estonia. By introducing new weapons, after 1990, to equip the Baltic Fleet (including Iskander short‑range­ missiles), the Russians used the fact that the limit established by the Treaty on Conventional Forces in Europe does not apply to such units at all, and that intermediate­‑range (INF) missile ban applies only to missiles with a range of more than 500 kilometers. Russia, according to these treaties, has been granted the right to deploy around 3 000 tanks and 1500 artillery pieces (the Russians do not fully use these possibilities). Despite this, the saturation of various types of armies is still astonishingly large for such a small area. Currently in the region, in the town of Ladushkin, the 152th brigade of rocket forces is deployed. It is equipped with tactical and tactical‑operational­ short­ ‍‑range missiles OTR 21 (SS 21), with a range of 70 km, and OTR 21Tochka 4, with a range of 124 km. The brigade’s weaponry also includes modern Iskander­‑E mis‑ sile systems with a range of 400 km, and Iskander M. For the protection of these installations, long­‑range S200 Vega, S 300 and S 400 long‑range­ air defense sys‑ tems are also deployed with the 244th Artillery Brigade and the 25th Independent Coastal Missile Regiment. Stationed in the region also are the 79th Independent Guard Mechanized Brigade and the 7th Guard Regiment of Coastal Defense. The Baltic Fleet also includes the 128th Naval Ship Brigade, the 71st Landing Ships Brigade and the 336th Marine Infantry Brigade. According to Russian military doctrine, the mission of the land forces of the Baltic Fleet is to defend the coasts, ports and shipyards against possible enemy landing. They are formed in the forces of coastal defense. In case of conflict, these forces may link up with the Russian troops stationed in Belarus. At the town of Vileyka in Belarus, there is also a Naval Communications Centre reporting to the command of the Baltic Fleet. Air forces stationed in the district are intended to destroy enemy submarines, toto provide and

42 Andrzej Paradowski, The Military Role of the Kaliningrad Reion... air defence shield to naval operations, and to maintain naval and air bases until the arrival of the main forces from Belarus. Air Force units are deployed in Chkalovsk: large numbers of SU­‑24s, MIG‑29multirole­ aircraft and SU­‑27 interceptor fighters. Also deployed are heli‑ copter squadrons of MI‑8­ and MI‑24,­ and an Independent Regiment of Maritime Aviation with assault SU‑24­ helicopters. SU‑57­ aircraft are also introduced into the region. In Baltiysk, the elite 336th Marine Brigade is stationed. The core of the land forces is the 79th Stand‑Alone­ Motorized Brigade Motorized at Gusev and the 7th Independent Regiment of Motorized Infantry in Kaliningrad. In addition, Bastion missile batteries were installed in Kaliningrad to strike large ships groups or cities. From the Kaliningrad Region, Oniks missiles (of the Bastion system) with a range of about 450 km can be fired in different directions. Also deployed in the region are land­‑based Iskander M missiles with a range of 700 km, ship­‑based 3M14 cruise missiles (from the Kalibr system) with a range of 2500 km, OTR 21 Tochka ballistic missiles with a range of 120 km, and multiple launchers with BM­‑30 Smerch missiles of a 90 km range. The Iskander M missiles have a low and medium­‑altitudes trajectory. The 3M14 and Oniks missiles fly at supersonic speed (over 2 Mach). Since 2012, a Voronezh­‑DM radar station has been operating in the area of Pionersk, covering the airspace over the Baltic and Northern Europe, and able to detect objects at a distance of up to 6000 km. It is part of the Russian early warning system against ballistic missiles. It should also be added that besides the units of the Baltic Fleet, units of other armed ser‑ vices are stationed in the region: border service and border troops – about 5000, and internal troops of the Ministry of Internal Affairs – about 1000. In Kaliningrad, there are also military schools: a Naval High School, as well as the Kaliningrad Military Institute of the Federal Border Service of the Rus‑ sian Federation. A special representative of the President of the Russian Federation for the Kaliningrad Region, D. Rogozin, stated during a meeting with the Baltic Fleetin Baltiys that the Baltic Fleet in the region will remain forever, and it will be better and more modern. Already in 2008, he also warned Poland against the deployment of the missile shield, threatening to target all possible Iskander mis‑ siles against Poland. In December 2007, the Russian Federation suspended its membership in the CFE Treaty. This treaty, signed in Paris in 1990, introduced restrictions on five categories of conventional arms in the territories of signatory states: tanks (a collective ceiling of 40 thousand for each military bloc), artillery systems (40 thousand), armored combat vehicles (60 thousand), combat aircraft (13,600)

43 Studia Administracji i Bezpieczeństwa nr 5/2018 and helicopters (4 thousand). Russia’s withdrawal from CFE has removed an important mechanism for building trust, as the treaty requires its parties to present data and to consent to inspections. It also caused a new tension in Russia’s rela‑ tions with its neighbors. It is obvious that the strategic role of the region under the Russian military doctrine has not decreased – it even has increased. Another proof of this may be the words of the commander of rocket forces of the Rus‑ sian Federation, Gen. Y. Baluyevskyi, who said that if Poland puts the elements of the American missile shield on its territory, the rockets in Kaliningrad will be redirected to Warsaw. In response to such actions of the Russian Federation in the Kaliningrad Region, some governments of Eastern European countries (including Poland, Romania and the Baltic countries) have asked for the increase of the presence of NATO forces. This process occurs, but its scale is not sufficient. I believe that in order to counter the threats of Russia and Kaliningrad in Europe, it is necessary to consistently modernize those countries own forces. Poland, above all, needs to rebuild the anti‑aircraft­ and missile shield, coordinating its activities with NATO forces. After the annexation of Crimea and the hostilities in Donbas, Western countries received a clear signal from the Russian Federation that the Kremlin’s policy is unpredictable and that no warming can be counted on in the near future. Warfarein Ukraine is to show neighboring countries such as Belarus, Georgia and Moldova that they should either decide to submit to Russia or they will be the subject to military aggression. The authorities in the Kremlin create the image of Russia surrounded by an aggressive Atlantic pact, and the Kaliningrad district with its military capability plays the role of the Russian military machine which is a direct threat to all Central and Eastern Europe. Moscow has always per‑ ceived Kaliningrad as a protruding post and bulwark against the West. The more the Kremlin authorities depend on strengthening Russia’s superpower position, the more the military role of the Kaliningrad Region will grow.

Bibliography 1. Baliszewski D., Prigłaszenieje v Moskwu, “Wprost”, Warszawa 2005. 2. Biskupski M., Królewiec a Polska, Olsztyn 1993. 3. Grudziński P., Polska – Rosja. Niezgoda i współpraca, Warszawa 1997. 4. Stępień­‑Kuczyńska A., Adamowski J., Szkice o Rosji, Łódź–Warszawa 2000. 5. Żukowski A., Polska wobec Obwodu Kaliningradzkiego, Institute of Political Science of Warmian‑Masurian­ University in Olsztyn, Olsztyn 2004.

44 Aleksandra Skrabacz Military University of Technology, Warsaw, Poland

The Informational and Educational Role of the Executive Administration in Regional Security Construction

Summary The aim of the article is to indicate the role of the voivodeship government admin‑ istration in the field of information and education of the region’s inhabitants in the area of security with the use of websites run by the sixteen voivodeship offices of Poland. The author formulates the following research questions: What contents on the topic related to security are posted on the websites of individual voivodeship offices? Are they valuable and helpful for the user who is seeking information and assistance? What are their educational qualities? Are the site and its navigation user­‑friendly? In the age of information society, when information is a key value, we want to know quickly and with confidence, which is why we choose those sources of information whose reliability is guaranteed by the authority of the office and the function exercised. As a representative of the Council of Ministers in the area, the voivode isresponsible for security matters there. His or her tasks include information and education of the inhabitants of the regions, and the Internet is undoubtedly a tool for this purpose nowadays. Therefore, the focus was on the content of websites of sixteen voivode‑ ship offices, in terms of the usefulness of the information and materials contained therein for the users seeking advice, and perhaps even help in the event of a threat to life and health.

Keywords: voivode, voivodeship, security, website

Eagerness to ensure security, mostly perceived as independence and ability to protect against threats, has always been a part of human life on Earth. As civili‑ zations developed, the approach, perception, and organization of security systems evolved. The state, as the highest form of organization of social life, took over the responsibility of ensuring security of itself and its citizen. In Poland, on behalf of the state, this function is carried out by the Council of Ministers, which ensures both internal and external security of the state, and coordinates and controls the work of Studia Administracji i Bezpieczeństwa nr 5/2018 governmental administration1. That is, the Council of Mnisters guarantees citizens that the tasks it carries out are aimed at protecting and defending their life, health, property and the environment against internal and external threats. Anticipating, avoiding and minimizing consequences of threats have become a real challenge for modern generations. The existing perception of dan‑ ger was learned from experiences of the 20th century, therefore it was identified with military conflicts, total war and the threats of using weapons of mass destruc‑ tion. Now in the 21st century, that way of thinking has fundamentally changed. Not only global but also regional and national security conditions have shifted dramatically in the past decade. Although the former threats such as floods, fires and threats of regional conflicts have not expired, in the meantime many new ones appeared. They are frightening and they cause many casualties. An example is terrorism which has become a real scourge in Western Europe. All those factors require a smooth cooperation between many entities responsible for security and encouraging proper behavior among people, who are mostly just helpless victims. There fore, it is absolutely necessary for the national and local government bodies to conduct informational and educational activities for the benefit of society so that in case of emergency the expected rational and safe behavior of citizens can be achieved. As a regional representative of the Council of Ministers, the voivode plays a particularly important role in this process. The voivode is responsible for informational and educational policy conducted in the interest of security of the region’s inhabitants. For this purpose, he or she uses the basic information tools which nowadays are the Internet, television, radio and the press – in other words, the media that have become an integral element of our lives and an essential source of information. When it comes to speed, the Internet is, without doubt, the best available source of information. In no time one can easily access the latest news. However, as every tool, the Internet has some disadvantages such as uncer‑ tain authenticity and timeliness of the information. A special place in the world of cybernetics is taken by websites which are documents created in SGML (HTML, XML) or other technologies, such as Flash. Once set, the website is saved on an Internet server, from which it can be downloaded by other computers and inter‑ preted for the user by a browser2. It is worth mentioning that abbreviations “com” from the word “commercial” and “edu” from the word “education” are used in website addresses3. The websites of public administration bodies are strictly edu‑ cational, therefore nothing ought to be offered and marketed on them. Hence the

1 Constitution of the Republic of Poland of 2.04.1997 r. (Dz. U. 1997, No. 78, item 483, as amended). 2 www.sungrey.pl [access: 2.09.2018]. 3 Ibidem.

46 Aleksandra Skrabacz, The Informational and Educational Role... significant role and responsibility of the administration for the quality, timeliness and reliability of any information, data or announcements placed on their websites. The aim of the article is therefore to indicate the role of the voivodeship government administration in the field of information and education of the region’s inhabitants in the area of security with the use of websites run by Poland’s sixteen voivodeship offices. The author has set the following research questions: What contents on the topic related to security are posted on the websites of individual voivodeship offices? Are they valuable and helpful for the user who is seeking information and assis‑ tance? What are their educational qualities? Are the site and its navigation user­‑friendly?

The importance of public administration

Ensuring the security of the population is one of the fundamental tasks of each democratic state4. All entities should be prepared for its implementation, each within its legal, organizational and material capacity. These entities, while per‑ forming tasks in the field of security at every level of state management, i.e., central – national, regional – voivodeship and local – county and commune, carry them out in cooperation and collaboration while being coordinated by pub‑ lic administration bodies. It is prerequisite for this mission. Correspondingly to W. Lamentowicz’s thesis, “in order to survive, the state must be a vertical structure of officers. In order to develop and enable the development of civilization, the state should also be a horizontal bond between its citizens as well as their associations and public authorities”5. Said principle should be particularly respected in the area of ensuring security of the population because public administration without sup‑ port from citizens and vice versa – citizens without backing from the executive authorities are unable to achieve their goals of creating a safe environment. In general, public administration is interpreted as a set of actions, organi‑ zational and implementational activities and undertakings that are carried out for the benefit of the public interest by various entities, bodies and institutions which act on the basis of the law6. However, administration is an organization which is active, determined and has the authority to strive for the common good. Common good is a fluid and dynamic concept, anchored in the constitution and laws that simultaneously determine the areas of the administration’s activity7. It means that

4 Constitution the Republic of Polandof 2.04.1997 r. (Dz. U. 1997, No. 78, item 483, as amended). 5 W. Lamentowicz, Państwo współczesne, Warszawa,1996, p. 14. 6 H. Izdebski, M. Kulesza, Administracja publiczna – zagadnienia ogólne, Warszawa 1999, p. 79. 7 Z. Cieślak, I. Lipowicz, Z. Niewiadomski, Prawo administracyjne, Warszawa 2000, p. 21.

47 Studia Administracji i Bezpieczeństwa nr 5/2018 public administration is essentially responsible for public order as well as security of the state, collective life and the citizens. This function must be fulfilled as it is a priority amongst all the tasks carried out by the administration8. From all the government administration departments that are particularly important in creating security, especially internal security, the following units deserve special distinction. They are the administration’s bodies that are oversee‑ ing matters of prevention of the effects of natural disasters and other comparable occurrences threatening public safety and internal affairs, including: protection of public safety and order; crisis management; civil defense; fire protection9. In the light of non‑military­ threats which are more or less likely to occur in Poland, including natural disasters, technical failures or terrorist attacks, these government administration departments that are responsible for tasks related to prevention, reac‑ tion and elimination of the effects of such threats. Among the threats characteristic for Poland, important are floods, fires and hurricanes, arising as a result of the forces of nature. It is enough to mention the experience with the “Great Water” that hit the southern and western Poland in July 1997. Fifty­‑six lives were lost, and property losses were estimated at $ 3.5 billion10. Not only the infrastructure and the property of many thousands of people were damaged by this natural disaster – it was also a great challenge for the government and self‑government­ administra‑ tion, specialized services, inspections and guards, such as civil defense, fire brigade, police, army, border guards, prison guards, many non‑governmental­ organizations (such as the Polish Scouting and Guiding Association, League of National Defense, Polish Red Cross, Polish Broadcasters’ Union) and the whole society, directly strug‑ gling with the catastrophe or materially supporting flood victims11. Terrorist attacks have also become very challenging for modern democratic countries, including Poland. Regardless of who does them and for what purpose, they are always directed at the most vulnerable and defenseless part of each coun‑ try – its society. To describe the vastness of human tragedy and the powerlessness of entire societies and states it suffices to mention such targets of terrorist attack as New York City (11.09.2001 – 5856 people killed), Moscow (23.10.2002 – 128 hostages killed), Madrid (11.03.2003 – 200 people killed and 1400 injured), Beslan (1.09.2004 – 335 people killed, including 156 children), London (7.07.2005 – 35 people killed), Oslo and the island of Utoya (22.07.2011 – 77 people killed), Nice

8 Ibidem. 9 Ustawa z dnia 4 września 1997 r. o działach administracji rządowej (Dz. U. 1997, No. 141, item 943, as amended). 10 IAR, Powódź „tysiąclecia, www.polskieradio.pl, 1lipca 2012 r. [accessed: 6.06.2013]. 11 Biuro Bezpieczeństwa Narodowego, Raport o stanie systemu przeciwdziałania, zwalczania i usuwania skutków nadzwyczajnych zagrożeń dla ludzi i środowiska, Warszawa 1997, p. 18.

48 Aleksandra Skrabacz, The Informational and Educational Role...

(13.11.2015 – 130 people killed and 350 injured), Brussels (22.03.2016 – 32 people killed and 340 wounded), Berlin (19.12.2016 – 12 people killed and 50 wounded), Manchester (22.05.2017 – 22 people killed and over 800 injured). Today there is no doubt that the assassins aim at large cities, often using some public events taking place, where large groups of defenseless people are present. They use simple means that in their hands are transformed into deadly tools. Taking that into consideration, in ensuring safety of the citizens and preventing threats there are special tasks assigned to the administration in the field of intervening as well as providing and overseeing infrastructure and public utility faciliteies12. Intrusive administration is equipped to the greatest extent with the attri‑ bute of domination and the possibility of coercion. Historically it was also called the administrative police because it was responsible for security and safety, for example on roads, combating threats or epidemics13. As countries developed, this function was taken over by specialized entities, such as the police, sanitary guards and many others. By expanding the area of administration activities, it is now mainly involved in providing services to individual people and the entire com‑ munity. It is worth noting, however, that in the situation of sudden threats on a general scale – epidemics, floods, fires or other events with signs of natural or ecological disaster – they restore the administration to its original, natural primacy and undisputed authority. Therefore, the administration is expected to take action to prepare the population for a potential threat, and when it occurs, manage the behavior of people who often act under stress, react irrationally, heightening the threat to health and even life. It is also worth adding that the necessary condition for undertaking any activities is to have knowledge, the source of which is cur‑ rently the Internet, as it is the fastest tool for obtaining the necessary information. Providing reliable information is extremely important at every level of state management, especially when a large number of entities (often civil and military) take part in complex and multilateral safety activities. Their quality and shape are the responsibilities of this public administration body which has the right to manage and coordinate the activities carried out. Such bodies are the prime minister, voivode, county head and mayor, who in addition (except for the prime minister) are also heads of civil defense in the administered area. Therefore, they are responsible for all activities undertaken for the benefit of civil security: from informational activities, health and life protection, to environmental protection and ensuring conditions for survival during war, and to education on security.

12 Ibidem, p. 24. 13 Ibidem, p. 28.

49 Studia Administracji i Bezpieczeństwa nr 5/2018

The voivodes and their role in creating regional security

A special role in creating security at the regional level is played by voivodes and voivodeship governmental administration. The voivode, as a representative of the Council of Ministers in the field, is responsible for the implementation of its policy, and in particular, in accordance with the Act on the Voivodeship Governor and Government Administration in the Voivodeship14, “ensures cooperation of all government and self‑government­ administration bodies operating in the voivode‑ ship and manages their activities in: the prevention of threats to life, health and property as well as the environment, maintaining state security and public order, protecting civil rights, preventing natural disasters and other extraordinary threats, and also combating and removing their consequences, under the rules set out in sep‑ arate laws15. It should be added that the voivode is responsible for the assessment of the flood protection status, the performance of tasks in the field of defense and national security as well as crisis management16. The voivode also creates a rescue notification center under the Act of 22 November 2013 on the emergency notifica‑ tion system and ensures the effectiveness of its operation17. Their responsibilities also include planning, organizing and coordinating the State Medical Rescue sys‑ tem and supervising its proper functioning in the voivodeship18. With the voivode, who exercises the administrative authority of general responsibility in the voivodeship, the notions of combined and non‑combined­ administration are connected. Combined administration is subordinate to the voivode in a two‑step­ man‑ ner: directly by the institution of the voivodeship office; indirectly, on the basis of voivode’s authority over the services, inspections and guards, such as the police, state fire brigade, and construction supervision19. Non­‑combined administration is a group of separate (not associated with the voivodeship office) regional special administrations that report directly to min‑ isters or central government administration bodies, such as sanitary inspection and sanitary‑epidemiological­ stations, veterinary inspection, plant protection inspec‑ tion, customs offices, tax administration, mining bureaus, border guards, regional

14 Ustawa z dnia 23 stycznia 2009 r. o wojewodzie i administracji rządowej w województwie (Dz.U. 2009, No. 31, item 206). 15 Ibidem. 16 Ibidem. 17 Ustawa z dnia 22 listopada 2013 r. o systemie powiadamiania ratunkowego (Dz.U. 2013, item 1635). 18 Ustawa z dnia 8 września 2006 r. o Państwowym Ratownictwie Medycznym (Dz.U. 2006, No. 191, item 1410, as amended). 19 H. Izdebski, M. Kulesza, Administracja publiczna. Zagadnienia ogólne, Warszawa 1999, pp. 103‑104.­

50 Aleksandra Skrabacz, The Informational and Educational Role... military administration bodies (Military Replenishment Council, Voivodeship Military Headquarters), forest administration and others. Therefore, the voivodes, and the security and crisis management departments and voivodeship crisis management centers which are in fact acting on their behalf, have all information about what is happening in the voivodeship, what threats may appear in the near and distant future and how to prepare for them. It is here that one can find reports from all services, inspections and guards, which, as part of the territorial responsibility, provide the service for the safety and security of the residents. In consequence, voivodes have the responsibility to inform and educate the inhabitants of the region about threats and ways of behaving in the event of their occurrence. Recall the earthquake in the Italian town of L’Aquila on 6 April 2009, in which 309 people lost their lives and more than 1500 were injured20. Had the local authorities not ignored the warnings of the impending tragedy, fearing panic and chaos in the town, perhaps the losses would have been smaller.

The Internet as a fast source of information

Nowadays, taking into account the development of society, the great demand for information and treating it as a special material good, we can talk about living in an information society. The term was first used (already in the 1960’s) in Japan, in which the “Plan to create an information society as a national goal for 2000” was created. This plan assumed a comprehensive computerization of the country, which was supposed to lead to the intellectual development and creation of knowledge. Soon the idea of the information society spread to the whole world whereas com‑ mon use of the Internet and the development of services related to transmission, processing and storage of information were particularly helpful in the process. The information society is based on a highly developed sector of modern services: banking, finance, telecommunications, IT, research and development, manage‑ ment. In some countries, more than 80 percent of professionally active people work in this sector, while only 10 percent of people remain in the traditional sec‑ tors. It also implies a high level of enrollment, a progressing decentralization of society and an increased importance of local communities and diversity of social life21. Alongside the development of technology and the computerization process, the Internet has become a global computer network. Studies conducted in 2000

20 www.onet.pl, 15.04.2009. 21 R. Jakubczak, A. Skrabacz, Społeczeństwo w tworzeniu bezpieczeństwa narodowego polski w XXI wieku, Siedlce 2006, p. 18.

51 Studia Administracji i Bezpieczeństwa nr 5/2018 show that around 6 billion people lived on Earth, yet there were only 500 million Internet‑connected­ devices such as computers, telephones, printers, fax machines etc. Nevertheless, at the end of 2008, the number of devices linked by the global network exceeded the number of people living on Earth22. As for Internet access in Poland, based on information from the Central Statistical Office, it can be stated that in 2017, 82 percent of households owned at least one computer, 78 percent of households had access to broadband Internet. It was used for various purposes, including social, cultural or scientific, but also – what should be noted – 31 percent of people aged 16­‑74 contacted the public administration through websites23. In addition to downloading and sending forms and official prints, almost 21 percent of users searched for information on public administration websites, presumably including security as well. Nowadays, websites are the showcases of state institutions, enterprises and individuals. It is above all a basic tool for communicating and gathering infor‑ mation. That is why every good website should be: reliable – post only verified and reliable content, useful – user­‑friendly, available – convenient to use on all mobile devices, functional – satisfy all users24. Therefore, in the age of information society, when information is a key value, we want to find it quickly and be certain, which is why we choose those sources, whose reliability is guaranteed by the office’s authority and function. Such websites include websites of voivodeship offices because it is the voivodes, as representatives of the Council of Ministers in the area, who have a special obligation to run websites that are an everyday tool used for informational and educational purposes by the citizens of the region.

Websites of voivodeship offices as sources of knowledge about security and safety

Voivodeship offices are understood as an auxiliary apparatus for voivodes who operate in order to implement the tasks assigned by the legislature. Each of the sixteen offices runs its website. Examining their content, the following features were noted: places where security information is located, user­‑friendliness and accessibility of the site, reliability and timeliness of the information, helpfulness for the user. Bearing in mind the broad understanding of security in the research,

22 J. Hofmokl, Internet jako nowe dobro wspólne, Warszawa 2009, p. 67. 23 www.stat.gov.pl [access: 4.08.2018]. 24 www.testin.pl [access: 20.07.2018].

52 Aleksandra Skrabacz, The Informational and Educational Role... the main focus was on keywords such as security, crisis management, emergency medical services, announcements and warnings, emergency call center and the emergency telephone number 112, assuming that those would be of interest to the user of the website. The conclusions that arise from the analysis of page content can be summarized as follows: 1. Internet addresses of voivodeship offices are inconsistent. The predominant ones are those containing a name of the city that is the seat of the voivode or region, then the abbreviation of uw. (voivodeship office), gov. (government) and finally pl. However, there are also such addresses as: www.duw.pl (office of Lower Silesian Voivodeship), www.lodzkie.eu (office of Łódź Voivodeship) or www.mazowieckie.pl (office of Mazovian Voivodeship). 2. Accessibility of the pages varies. There are clearly structured sites that are easy to navigate and have well‑chosen­ colors (such as the website of the Voivodeship Office in Wrocław). It is crucial that all security content is carefully grouped and logically placed. It can be seen on some websites, where the buttons: Emergency the telephone number 112, Regional Warning System and Crisis Management follow one another, and are located in the central part of the site, to its right. 3. On each page there is a tab dedicated to the Department of Security and Crisis Management, that includes contact details and tasks of the department and its internal units. Subpages of voivodeship crisis management centers are particularly developed. 4. Location of the key information about security and alert messages and warnings is very diverse. There are pages, after entering which the user has the impression that they will not learn anything about the topic of interest. Only after entering subpages, mostly located in the main menu, in the section “Security and crisis management,” the users finds the information they are looking for. All this, unfortunately, takes time, which is spent on opening individual tabs. 5. The speed of page loading depends on the quantity and quality of materials placed on them. Sites that have a large number of “call to action” (CTA) buttons like “see more; information details” are rare. Usually files are placed as text documents that have an excessively large amount of text (e.g., legal acts and official tasks of the security and crisis management departments) which results in poor benefits for the user. 6. All websites contain instructions for citizens on how to behave in the face of various threats. Among the most common ones are storms,

53 Studia Administracji i Bezpieczeństwa nr 5/2018

droughts, heat, floods and dangerous substances. Usually there is a comprehensive document that is meant to be downloaded and printed at home. Most materials come from the websites of the Ministry of Digitization or the Government Security Center. Some even seem to be a copy of foreign language materials and lack Polish letters. Only a few voivodeship offices managed to develop their own, original materials about threats occurring in the voivodeship. 7. Seldom can one find information materials intended for children and adolescents. Voivodeship offices in Lublin and Poznań were the only ones to post materials as files in a form of a coloring book that can be downloaded and printed and an animated video about the emergency number 112. 8. A majority of the sites have a logo of the Regional System of Warning, the purpose of which is to provide information on threats that may occur in the region. Their system provides meteorological and hydrological messages as well as information on road conditions and weather forecast. On some pages (such as Lubuskie Voivodeship Office and Pomorskie Voivodeship Office), special warnings appear on the red­‑alarm bar located at the top or bottom of the page, to attract the attention of the user. 9. The timeliness of the materials and information on the pages is diverse. One can find materials that date back to the mid‑2000s,­ which should have been archived long ago as currently they only obscure the functionality of the site. It is also unacceptable to keep tabs that are empty or contain a brief message such as “the site is currently under maintenance” indefinitely. 10. Placing an integrated “Safety” button on the home page, along with other issues important to the residents of the voivodeship (like health, social assistance, as it happens on the website of Lubuskie Voivodeship Office) is a functional solution that under the one keyword groups together all security subpages including emergency medical services, crisis management, emergency notification, civil protection or civil defense. Warnings appear on a specially marked alarm bar visible immediately after entering the site. 11. Each site has a tab for state emergency medical services and an emergency number.

54 Aleksandra Skrabacz, The Informational and Educational Role...

12. Most websites contain instructions on what situations should someone contact the emergency number and what are the consequences for its abuse. 13. Commonly can one find instructions on how to deal with a terrorist attack, and even how to act as a hostage of a potential terrorist. 14. Among other useful information there are contact details to local help centers for homeless people.

Conclusion

The presented short diagnosis of the content of websites of voivodeship offices is meant to draw the attention of decision makers and executive entities to what kind of tool they have and how it can be effectively used for informational and educational purposes in creating security. Residents and guests, seeking informa‑ tion about what is happening in their vicinity should receive a credible message that is placed within in four basic dimensions: what, where, when, following with how. What might happen or has already happened? In which part of the region, in which district, in which commune? When is the threat expected to occur? How to prepare in advance, behave during and how to secure one’s house and property from… and there goes the catalog of threats to each region. The content of some websites suggests that the decision makers adhere to the principle: the more, the better. On the contrary – overloading with content causes chaos and misinformation. It is simplicity, transparency and conciseness that are considered as characteristic features of good modern websites. It is also notable that in crisis, human behavior can be abnormal and irrational. Therefore, there is a strong need for reliable and short messages that are helpful to the citi‑ zens on how to weather the emergency and cope with the existing conditions. It is precisely then that the imperious – interfering function of the administration, which is expected to guide the behavior of citizens, is essential. That is why it is important to take care of the website so that it meets the expectations of users and becomes a valuable tool in the hands of public administration.

55 Studia Administracji i Bezpieczeństwa nr 5/2018

Bibliography 1. Cieślak Z., Lipowicz I., Niewiadomski Z., Prawo administracyjne, Warszawa 2000. 2. Hofmokl J., Internet jako nowe dobro wspólne, Warszawa 2009. 3. Izdebski H., Kulesza M., Administracja publiczna. Zagadnienia ogólne, Warszawa 1999. 4. Jakubczak R., Skrabacz A., Społeczeństwo w tworzeniu bezpieczeństwa narodowego Polski w XXI wieku, Siedlce 2006. 5. Kitler W., Funkcje organów samorządu terytorialnego zapewnieniu bezpieczeństwa społeczności lokalnych, Biuro Informacji i Dokumentacji, Kancelaria Senatu, Warszawa 2005. 6. Lamentowicz W., Państwo współczesne, Warszawa 1996. Legal Acts 1. Konstytucja RP z 2 kwietnia 1997 r., Dz. U. 1997, No.78, item 483 z póź. zm. 2. Ustawa z dnia 22 listopada 2013 r. o systemie powiadamiania ratunkowego (Dz.U. 2013, item 1635). 3. Ustawa z dnia 23 stycznia 2009 r. o wojewodzie i administracji rządowej w wojewódz‑ twie (Dz.U. 2009, No. 31, item 206). 4. Ustawa z dnia 4 września 1997 r. o działach administracji rządowej (Dz.U. 1997, No. 141, item 943, as amended). 5. Ustawa z dnia 8 września 2006 r. o Państwowym Ratownictwie Medycznym (Dz.U. 2006, No. 191, item 1410). Webpages 1. www.bialystok.uw.gov.pl 2. www.bydgoszcz.uw.gov.pl 3. www.duw.pl 4. www.gdansk.uw.gov.pl 5. www.katowice.uw.gov.pl 6. www.kielce.uw.gov.pl 7. www.lodzkie.eu 8. www.lublin.uw.gov.pl 9. www.lubuskie.uw.gov.pl 10. www.malopolska.uw.gov.pl 11. www.mazowieckie.pl 12. www.onet.pl 13. www.opole.uw.gov.pl 14. www.poznan.uw.gov.pl 15. www.rzeszow.uw.gov.pl 16. www.stat.gov.pl 17. www.szczecin.uw.gov.pl 18. www.testin.pl 19. www.uw.olsztyn.pl

56 Adam A. Ostanek Military University of Technology, Warsaw, Poland

Polish­‑Ukrainian Relations of the Second Half of the 1930’s in Publications of the Polish Language Press of Lviv

Summary The press belongs to one of the most important tools of propaganda influence on society. It was often used to conduct open wars aimed at promoting specific political views or reasons. For this reason, it can be concluded that the press release has also always had a significant impact on the security of the state. The purpose of this article is to illustrate Polish‑Ukrainian­ relations, presented in the pages of the most important Polish‑language­ newspapers of Lviv in the second half of 1930, during the sabotage of Ukrainian national‑ ists in Eastern Lesser Poland and the repressive action conducted by the Polish authorities in consequence. The most widely read Polish newspapers in Lviv were selected for the purposes of the article. In order to show the whole of the discussed issue, archival sources and publications were also used.

Keywords: Second Polish Republic, Ukraine, Eastern Lesser Poland, Polish­‑Ukrainian relations,1930s, security, Lviv press

Discussions and disputes in the media have been and remain a constant element of every political, national or international conflict. Since then, there have been mass media: first the press, then the radio, subsequently television and – at the end – the Internet. Humankind began to use them for propaganda purposes. The press, chronologically the first means, became, on the one hand, the bearer of political and national thought, and on the other hand, it turned into an instru‑ ment for the pursuit of political interests. At the turn of the 20th century, considering the technological progress, numerous periodicals were published. Each large city or town and every large political group tried to have its own printed newspaper or magazine. Everything was done in order to increase the influence on society and more effectively propa‑ gate views and arguments. Studia Administracji i Bezpieczeństwa nr 5/2018

The struggles of the media in the Second Polish Republic were mainly about economic and political problems. Also quite ferequent on the pages of the newspapers were stories of national character – this was an important fact, given the composition of the population in which national minorities accounted for 31 percent of all citizens. Media wars arose between representatives of different ethnic groups, were a natural consequence of each of them having their own periodicals. Disputes in the newspapers against the backdrop of national differences were reduced mainly to substantial content, although they were not devoid of emo‑ tional coloring and politicization. In most cases, however, it was a question of the necessity of the right and duty of all Polish citizens, regardless of nationality and religion. The situation could change in conditions of escalation of the conflict and its way out of the press and ordinary debates. Then the exchange of opinions was picking up sharpness. Authors of publications began to depart from facts, resorting instead to populism, demagoguery or simple lies. Newspaper wars had a negative impact on security in the country, because they worsened relations in society and radicalized national antagonisms. Their consequences often went beyond the state border, it always led to a decrease in positions in the international political arena. An example of a media war was the discussion that arose around the events in Eastern Lesser Poland (Eastern Małopolska) in 1930. It is about the sabotage actions organized by Ukrainian nationalists against Poles, Jews and Ukrainians, and the reaction to these cases from the Polish state, which became a pacification. The main victims of this conflict were ordinary people – ordinary Poles and Ukrainians – who had no relation to politics and coexisted peacefully in the same territory. The basis of the source database of this article is documents from the archives of Ukraine and Poland. A key role, of course, is played by the Polish and Ukrainian press of this period. As already mentioned, the cause of the Polish‑Ukrainian­ media war was the events of the second half of 1930, when Eastern Lesser Poland and partly Volyn were swept by a wave of sabotage. Their initiator and often the executor was the Ukrainian Military Organization (UМО), which was a part of the Organiza‑ tion of Ukrainian Nationalists (OUN). In the period from July to November 1930, 25 acts of sabotage against the state occurred on the territory of Lviv’s, Tarnopol’s, Stanislavov’s voivodeships, and also in Volyn’s.Most of these cases occurred in Lviv’s voivodeship – only 13, less in Stanislavov’s – 6, in Tarnopol’s – 4 and in Volyn’s – 2. Actions of saboteurs were mainly to destroy the infrastructure, telephone and telegraph communication (voivodeships: Lviv’s – 4, Stanislavov’s – 5, Tarnopol’s – 4, Volyn’s – 1). In addition, there was one case of armed robbery,

58 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half... resulting in the death of a police officer (Lviv’s voivodeship), and three cases of destruction of public facilities (Lviv’s voivodeship). As a result of political interference, it was possible to prevent at least 4 other sabotage actions1. Significantly larger were acts directed against private property of Poles, Jews and Ukrainians loyal to the Polish state. In the period from July to November, there were 172 arsons of farm buildings and the crop left on the field. Of this number, 90 arsons was committed in the Tarnopol’svoivodeship (46 percent), 69 – in Lviv’s (35 percent), 35 in Stanislavov’s (18 percent) and 3 in the Volyn’svoivodeship (0.5 percent). It is difficult to assess how many police, public guards and owners did not allow arson, but on the basis of the surviving documentation it can be argued that their number was significant2.

Table 1. The total number of acts of sabotage in the period from July to November 1930, including division into months and ownership of damaged objects Months Objects Voivodeship Total VII VIII IX X XI public private Lviv’s 3 22 32 9 3 13 56 69 Tarnopol’s 1 25 56 8 ­‑ 4 86 90 Stanislavov’s 2 9 14 5 5 6 29 35 Volyn’s ­‑ 1 ­‑ 2 ­‑ 2 1 3 Total 6 57 102 24 8 25 172 197 Source: A.A. Ostanek, Wydarzenia 1930 roku w Małopolsce Wschodniej a bezpieczeństwo II Rzeczy‑ pospolitej, Warszawa 2017, s. 90, Table 14.

The actions of the Ukrainian nationalists forced the Polish authorities to take appropriate steps to restore security in the region. First, in July-August, the main way of braking sabotage was the instructions of the local administration3. However, it quickly became clear that such counteraction is ineffective and a coordinated action is needed, it is planned at the highest state level. In the last days of August and early September in Warsaw, it was decided to carry out a repressive action4. Its meaning was reduced to three areas:

1 Archiwum Akt Nowych w Warszawie (AAN), sygn. 9.1250. Komunikat nr 5 Wydziału Bezpieczeństwa MSWewn. z 10 I 1931 r. o przejawach działalności UWO za okres 1 IX–21 XII 1930 r.; A.A. Останек, Пацифікація 1930 року – дія чи протидія польської влади в контексті безпеки держави і регіону, „Історичні та культурологічні студії,” 2014‑2015,­ Вип. 6­‑7, c. 133­‑147. 2 AAN, sygn. 322.2257. Materiały o akcji sabotażowej w Małopolsce Wschodniej przesłane przez MSZ polskim placówkom dyplomatycznym 16 I 1931 r. 3 For example: Дepжaвний apxiв Львiвcькoї oблacтi (ДAЛO), ф. 121, oп. 3c, cпр. 600. Zarządzenie komen‑ danta wojewódzkiego PP we Lwowie w sprawie nocnych patroli na liniach telegraficznych z 17 VIII 1930 r.; ДAЛO, ф. 121, oп. 3c, cпр. 607. Zarządzenia wojewody tarnopolskiego w związku z działalnością sabota‑ żową UWO z 16 VIII 1930 r.; Zarządzenie prewencyjno‑represyjne­ wojewody stanisławowskiego w związku z działalnością sabotażową UWO z 20 VIII 1930 r. 4 ДAЛO, ф. 1, oп. 51, cпр. 192. Zarządzenia MSWewn. w sprawie skoordynowania i scentralizowania przeciwsabotażowej akcji władz bezpieczeństwa z 4 IX 1930 r.

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1) actions of a preventive‑repressive­ nature, 2) police action, 3) quartering of troops.

The police and military units of the action should be oriented not only to the punishment of the immediate perpetrators, but also to the “moral perpetrators,” that is, the persons who called for or supported terrorism by their actions. The highest level of repression was to be used in actual relation to the perpetrators of anti­‑state actions, their leaders, organizations and individuals who obstructed the investigation or concealed the traces of the crime. The activities of the army and the police were strictly regulated by mandatory instructions5. According to the processed plan, on 20 September 1930, 1041 police functionaries in 17 campaigns launched an action of repression. Support them provided by local government. The inspections were held in private houses, as well as in the premises of organizations, cultural, economic and public asso‑ ciations that belonged to Ukrainians. The pacification took place on the territory of the following voivodeships: Lviv (the counties of Bóbrka, Drohobycz, Gródek, Jaworów, Lviv, Przemyśl, Rudki, Sokal, Żółkiew), Tarnopol (counties Brzeżany, Tarnopol, Podhajce, Zbaraż), Stanislavov (Rohatyn and Horodenka counties). The last organized police campaign was on 11 October 19306. The activity of the army was limited to quartering in separate villages. By law, residents of these villages were obliged to place the soldiers in their homes free of charge, while ensuring that all necessary products at a price below the mar‑ ket. The military action began on 25 September 1030 and lasted until 17 October 1930. It spread to the counties of the Lviv Voivodeship (Bóbrka, Gródek, Jaworów, Lviv, Przemyśl, Rudki, Sokal, Żółkiew), Tarnopol’s (Brzeżany, Buczacz, Tarnopol, Trembowla, Podhajce, Zbaraż, Zborów), Stanislavov’s (Rohatyn)7. Data justified the pacification. According to a report, 1287 carbines, 292 rifles, 566 revolvers, 298 bayonets, 46 stilettos, 47 sabers, 27 brass knuckles, 99.8 kilograms

5 Dz. U. 1925, No. 97, item 681. Ustawa z 15 VII 1925 r. o zakwaterowaniu wojska w czasie pokoju; Dz. U. 1928, No. 28, item 257. Rozporządzenie prezydenta RP z 6 III 1928 r. o Policji Państwowej. 6 Udział formacji zwartych Policji Państwowej w akcji represyjnej w Małopolsce Wschodniej w 1930 roku w świetle „Sprawozdania Komendanta Wojewódzkiego Policji Państwowej we Lwowie z akcji przeciw‑ sabotażowej na terenie powiatu bóbreckiego, brzeżańskiego, podhajeckiego, rohatyńskiego i tarnopol‑ skiego, przeprowadzonej w dniach 21-29 września 1930 roku przez oddziały policji, oprac. A.A. Osta‑ nek, „Rocznik Kresowy” 2016, No. 2, pp. 157­‑186. 7 ДAЛO, ф. 121, oп. 3c, cпр. 602. Wykaz miejscowości w woj. lwowskim objętych akcją pacyfikacyjną przez oddziały wojskowe za okres 1 VII-30 XI 1930 r.; ДAЛO, ф. 121, oп. 3c, cпр. 607. Sprawozdanie z akcji sabotażowej i kontrakcji władz na terenie woj. tarnopolskiego w okresie 1 VII–30 IX 1930 r. z 19 X 1930 r.; Дepжaвний apxiв Iвaнo‑Фpaнкiвcькoї­ oблacтi, ф. 68, oп. 2, cпр. 155. Wykaz miejscowości woj. stanisła‑ wowskiego objętych akcją pacyfikacyjną w czasie od 26 IX do 15 X 1930 r. przez oddziały wojskowe.

60 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half... of explosive materials, 31 grenades, 2857 cartridges for carbines, revolvers and rifles were confiscated during the police action. During one action alone, 1100 carbines, 233 rifles, 372 revolvers, 293 bayonets, 30 stylet and 38 sabers were found8. The number of 1705 firearms confiscated in 5195 searches allows to say that almost every third suspect owned one firearm. If number of confiscated weapons is compared with the number of localities (325 settlements) where the audits were conducted, the result is that there were more than 5 firearms per village9. In the period of July­‑November 1930, 1739 people were arrested, of which 1143 people became indicted. Only in Lviv’s voivodeship, 405 went to jail, in Tarnop‑ ol’s – 593 people, and in Stanislavov’s – 741 people. In September 1930, the police arrested 701 people, including 234 people in the Lviv’s voivodeship, 283 people in the Tarnopol’s voivodeship, and 184 people in Stanislavov’s. Given the fact that the largest number of detainees was in September, that is, during a period of repressive action, police actions were very effective10.

Map 1. The area of Lviv’s, Stanislavov’s and Tarnopol’s voivodeships with the designation of counties, in the are aswhere sabotage and repressive actions took place in 1930

8 ДAЛO, ф. 121, oп. 3c, cпр. 602. Sprawozdanie z 3 I 1931 r. odnośnie do broni, amunicji i materiałów wybuchowych zakwestionowanych w okresie pacyfikacji na terenie 3 województw Małopolski Wschodniej. 9 A.A. Ostanek, Wydarzenia 1930 roku…, p. 119. 10 AAN, sygn. 9.1250. Komunikat nr 5 Wydziału Bezpieczeństwa MSWewn. z 10 I 1931 r. o przejawach działalności UWO za okres 1 IX–21 XII 1930 r.

61 Studia Administracji i Bezpieczeństwa nr 5/2018

Because of the participation of young people, in particular secondary school students, in the organization of sabotage, in the September­‑October period, the authorities closed four high schools with Ukrainian language of instruction (in Tarnopol, Rohatyn, Stanislavov and Drohobycz). On 26 September 1930, Plast– a Ukrainian youth organization – was completely eliminated on the terri‑ tory of all three voivodeships concerned11. As during the police‑military­ action, and at its conclusion, certain voivods issued orders to ban the activities of those organizations in which books and news‑ papers of anti­‑state content were found during searches. On the territory of the entire EasternLesser Poland, in October and early November, 29 Luh societies, 21 Sokol organizations, 24 Prosvita, 1 cooperative and two other associations were closed. It should be added that the Ukrainian population, most often out of fear of searches and repressions, often made the decision to close one of the organizations. Thus, Ukrainians closed 17 Luh societies, 19 Sokolsocieties, 25 Prosvita societies, 7 cooperatives and two other associations. Characteristically, this involved mainly counties where most cases of sabotage occurred12. During the sweep operations, military and police abuses often occurred. The reasons and consequences were different. The destruction of human dwell‑ ings and food reserves was a natural effect of this type of stock. The level of abuse increased when there were illegal items and materials, because their detection made the search even more detailed. Of course, there can be no justification for beating or deliberately damaging someone else’s property. Although the actual frequency of violation of the law by the military and police today is difficult to determine, it is known for sure that Polish citizens of Ukrainian nationality com‑ piled their complaints to city courts. The preservation of the telephone message of the commandants of the Lviv State Police confirms this. In the voivodeship of Lviv, between October 1930 and the spring of 1931, 22 cases of soldiers beating civilians (12 in Yavorov and 5 in Gorodok) were examined in court, together with one case of expropriation of food by soldiers13. It is natural that these events were widely discussed in the Polish and Ukrainian press. Over time, foreign publications began to write about pacification

11 Дepжaвний аpxiв Тернопільськoї облacтi (ДAТO), ф. 231, oп. 1, cпр. 1531.Pismo MSWewn. do Związku Harcerstwa Polskiego ws. motywów rozwiązania „Płasta” z 6 III 1931 r.; A.A. Ostanek, Wydarzenia 1930 roku…, pp. 107­‑108. 12 AAN, sygn. 9.1250. Komunikat nr 5 Wydziału Bezpieczeństwa MSWewn. z 10 I 1931 r. o przejawach działalno‑ ści UWO za okres 1 IX–31 XII 1930 r. It is worth adding that liquidated representations of individual Ukrainian organizations constituted a small percentage of all existing ones at that time. For example, closing 49 Prosvita societies meant a decrease in their total number in Eastern Lesser Poland by 1.6 percent from 3,000 to 2,961. 13 ДAЛO, ф. 121, oп. 3c, cпр. 609. Telefonogram komendanta powiatowego PP w Jaworowie nr144/II/31 z 17 III 1931 r.; Telefonogram komendanta powiatowego PP w Gródku Jagiellońskim nr 147 z17 III 1931 r.

62 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half... and sabotage. The conflict between Ukrainian nationalists and the Polish state has turned into a real media war between Ukrainians and Poles. It is not difficult to guess that the content of mutual accusations usually amounted to personal attacks using aggressive rhetoric and lies to weaken the positions of the opposite side. In 1930, many periodicals were published in Lviv. The most popular newspapers were “Chwila”, “Gazeta Lwowska”, “Gazeta Poranna”, “Słowo Pol‑ skie” and “Wiek Nowy”. The impact of each publication depended on the circulation and frequency of issues. The pages of all the newspapers contained detailed information on the course of the events of 1930. InLviv proper, the media war reached its greatest proportion, with major roles played by “Słowo Polskie” and “Gazeta Lwowska”. The first cases of sabotage did not attract much attention from the press. Only the growth of their intensity led to the fact that Polish publications began writing about this. Ukrainian newspapers were mostly silent or limited to laconic comments. The first significant publications on the subject of sabotage appeared on the pages of Polish newspapers, dated 30 July 1930. On that day, members of the UМO attacked postal transport in Bóbrka, resulting in the death of a policeman Josef Molewski and the theft of a significant amount of money (26.000 Polish zlotys)14. Polish newspapers described the event in detail, pointing out that this act “is neither a manifestation of patriotism nor a manifestation of an idea, but only an ordinary banditry”15. Even then it was said that the Polish government should react and check the activities of Ukrainian youth organizations, in particular Plast, which educates the younger generation in spite of the principles of the scout movement16. The following speeches by Ukrainian nationalists began to take place in wide publicity. The publicity increased due to the fact that during the period of sabo‑ tage the representatives of the Ukrainian elite enjoyed public respect and authority, they kept silent, and if they did, they were limited only to imperative phrases. The funeral of the murdered policeman took place on 2 August 1930 against the backdrop of a demonstration against banditry. According to Polish publications, several thousand people took part in it, although in fact the real number was smaller17. Since then, the press has increasingly written about sabotage. Already on 4 August, “Słowo Polskie” reported an attack on a policeman during a routine check of personal documents18.

14 A.A. Ostanek, Stosunki polsko­‑ukraińskie, a bezpieczeństwo Rzeczypospolitej w kontekście wydarzeń 1930 roku w Małopolsce Wschodniej, „Studia Historica Gedanensia” 2017, Vol. VIII, p. 168. 15 „Gazeta Lwowska” 1930, No. 177, 3 VIII, p. 1. 16 „Słowo Polskie” 1930, No. 208, 2 VIII, p. 7. 17 Ibidem, No. 209, 3 VIII, p. 5. 18 „Słowo Polskie” 1930, No. 210, 4 VIII, p. 7.

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Strong response in the society had articles from “Słowo Polskie” under the title “Żagiew podpalaczy nie ima się muru!” And “For the arson of estates, pays Berlin!” – both published in the room for 23 August 1930. In the first of them it was a question of the need for the Poles to solidarize and increase their attention to the development of Polish culture through educational organizations in EasternLesser Poland.The author also pointed to the need to punish Ukrainians guilty and stressed that the actions of Ukrainian nationalists have support among the Ukrainian population and from the head of the Greek Catholic Church, Andrei Sheptytsky. The second article dealt with Ukrainian­‑German relations and the pos‑ sible financing of the activities of the UМО/OUN by Berlin, which should push the Polish government to take decisive steps19. The need for Warsaw’s resolute reaction was also written by “Gazeta Lwowska”. In the issue on 31 August 1930, an article was published, “Elimina‑ tion of the Sabotage Action in Eastern Lesser Poland,” where it was written with unconcealed relief: “The authorities, who were initially oriented in the situation, decided to put an end to this bandit work”20. The news about the beginning of the mop­‑up of Polish society as a whole was very encouraging. In a few days, Polish publications reported on next cases of sabotage. On the night of 2 to 3 September in Lviv, a stadium’s infrastracture of the sport team Czarni‑ was set on fire, which led to revenge – attacks on several Ukrainian intellectuals. Their attackers were accused of inaction. The Ukrainian press again reported only the fact of arson.21 However, in the Polish newspapers this event was given more weight. The authors of the publications called upon the entire Polish population to join forces to restore the stands, informing them of the collection of funds from number to issue. The need to punish the perpetrators was also emphasized22. The further deterioration of Polish­‑Ukrainian relations also influenced the nature of the discussions in the press. Particularly in detail, Lviv newspapers described the events of mid‑September,­ when acts of sabotage spread to state property – includ‑ ing the provocation of accidents on the railway. To enhance the emotional impact on readers, the authors very exaggeratedly described the consequences of events that could have occurred if the intentions of the attackers had not been exposed23. The attempts to sabotage were also described quite widely. The plans of the attack on the premises of Towarzystwo Zabaw Ruchowych (Fitness

19 Ibidem, No. 229, 23 VIII, p. 1. It is worth adding that the article was completely reprinted by the Tarno‑ pol’s press – see: „Głos Polski” 1930, No. 35, 31 VIII, p. 2. 20 „Gazeta Lwowska” 1930, No. 200, 31 VIII, pp. 1­‑2.”z 21 „Słowo Polskie” 1930, No. 241, 4 IX, p. 4; No. 242, 5 IX, p. 7. 22 „Gazeta Lwowska” 1930, No. 206, 7 IX, p. 3; „Słowo Polskie” 1930, No. 243, 6 IX, p. 9. 23 „Gazeta Lwowska” 1930, No. 209, 11 IX, p. 5; No. 216, 19 IX, p. 5; No. 218, 21 IX, p. 5.

64 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half...

Play Society) in Lviv and the detection of 34 kg of explosives in the vicinity of Borysław oil wells were described by “Słowo Polskie”. In the dramatic tone described the heroism of the police, which saved almost the entire petroleum industry24. Up to the level of attempt on the symbol of the Polishness of Lviv, “Gazeta Lwowska” and “Nowy Wiek” equated the attempt to blow Panorama Racławicka. Some articles said that this case indicates that terrorists will not stop at anything and have nothing sacred25. Since October 1930, Lviv publications began to sharply criticize Metro‑ politan Archbishop Andrei Sheptytsky, a person that enjoyed an unquestionable authority among the Ukrainians. He was criticized for the fact that he initially ignored the actions of saboteurs and went to Warsaw to negotiate with the central government only after the beginning of the pacification, on 30 September 193026. Characteristically, the inaction of Sheptytsky drew attention to the British con‑ sul in Poland, Frank Savery. He believed that Sheptytsky should have delivered a pastoral message to the Ukrainian Greek Catholics to stop the illegal actions27. Interesting in this situation was the observation of the correspondent of the newspaper “The Times”, A.B. Barker, who arrived in EasternLesser Poland between 21 and 24 October 1930. During one of his meetings with the Polish Ambassador to Oslo, Leszek Malczewski, after returning from Eastern Lesser Poland, he declared that „Sheptytsky is the evil spirit of Eastern Galicia [Eastern Lesser Poland], who, in order to satisfy the exorbitant ambitions, does not doubt the choice of methods”28. After arriving in Warsaw on 30 September, Sheptytsky met with several Polish politicians, including the Minister of Internal Affairs, General Felicjan Sla‑ woj Składkowski. A meeting with Józef Piłsudski did not take place, because, as noted in the Tarnopol publication “Głos Polski” – “the Metropolitan [Archbishop] was late at least two months.”29 In the press, it was also constantly noted that Shep‑ tytsky was trying in every possible way to avoid publicly condemning the acts of saboteurs and to issue a corresponding pastoral message to the believers30. The reputation of the Greek Catholic Church did not improve either because certain

24 „Słowo Polskie” 1930, No. 242, 5 IX, p. 7; No. 243, 6 IX, p. 7. 25 „Gazeta Lwowska” 1930, No. 214, 17 IX, p. 5; „Wiek Nowy” 1930, No. 8773, 17 IX, p. 12. 26 „Słowo Polskie” 1930, No. 269, 2 X, p. 1. 27 A. Zięba, Pacyfikacja Małopolski Wschodniej w 1930 roku i jej echo wśród emigracji ukraińskiej w Ka‑ nadzie, [in:] Przez dwa stulecia XIX i XX w. Studia historyczne ofiarowane prof. Wacławowi Felczakowi, red. W. Frazik, Kraków 1993, p. 83. 28 AAN, sygn. 322.5144. Sprawozdanie posła RP w Oslo z 17 III 1931 r. w sprawie rozmów odbytych z korespondentem „Times’a”. 29 „Głos Polski” 1930, No. 40, 5 X, p. 4. 30 „Słowo Polskie” 1930, No. 269, 1 X, p. 1.

65 Studia Administracji i Bezpieczeństwa nr 5/2018 members of the clergy, for example LvivBishop Ivan Buchko, openly supported an anti‑Polish­ campaign that began in the German media31. The Polish press also condemned the main Ukrainian politicians who not only avoided the topic of sabotage, but also used the reaction of the Polish authorities as an argument for criticizing the state in international negotiations. So, in particular, did Vasil Mudryy during the Minority Congress in Geneva32. Legal Ukrainian organizations, institutions, the Greek Catholic Church and political elites, by their silence in the case of terrorist acts, have secretly supported the actions of the UМO/OUN, in solidarity with this form of struggle. Such a position provoked a negative reaction both from the official authorities and among the Polish population, which expected a certain reaction33. Only Ukrainian politicians in exile, associated once with the Ukrainian People’s Republic (Petliurists), openly refused from the actions of nationalists. On 8 November 1930, the Chief Emigration Council issued a special statement, in which he resolutely condemned sabotage in Eastern Lesser Poland. Emigration officials argued that the Polish­‑Ukrainian conflict in its favor is used by the Com‑ munists, the common enemies of the Poles and Ukrainians34. As a result of the commencement of the repressive action by the Polish authorities in mid­‑September 1930, the number of newspaper articles published in Polish newspapers has not decreased. There was also the beginning of a Polish­ ‍‑Ukrainian propaganda war, fought between Polish and Ukrainian newspapers. The newspaper’s war in Lviv was acute between “Słowo Polskie” and‑ Dilo. Both dailies had a huge impact on the society, and their arguments were considered the only ones by each side of the confrontation. The same publications were in the hands of certain political forces, therefore all methods of agitation were acceptable. Nobody went through the words, using high‑profile­ article titles to influence the perception of the information presented35. In the Lviv press of this period, there was a noticeable tendency towards a nationwide mobilization of society for “maintaining the feeling, protecting

31 ДAЛO, ф. 1, oп. 51, cпр. 247. Memoriał ks. bp. Iwana Buczki sufragana lwowskiego o ekspedycjach karnych w woj. lwowskim z 12 X 1930 r.; Wiek Nowy 1930, No. 8830, 22 XI, p. 1. 32 Słowo Polskie 1930, No. 245, 8 IX, p. 5. 33 See:O. Шульгин,Державність чи Гайдамаччина?, Париж, 1931. 34 ДAЛO, ф. 121, oп. 3c, cпр. 601. Komunikat Ukraińskiej Głównej Rady Emigracyjnej w sprawie wypad‑ ków w Galicji Wschodniej z 8 listopada 1930 r.; ДAТO, ф. 231, oп. 1, cпр. 1540. Komunikat poufny nr 5 dotyczący emigracji ukraińskiej we Francji; Głos Polski 1930, No. 41, 12 X, p. 4; Sabotaże nacjonali‑ stów ukraińskich oraz akcja represyjna władz polskich w Małopolsce Wschodniej w 1930 roku w świetle dokumentów, wybór, wstęp i oprac. A.A. Ostanek, Warszawa, 2018, pp. 96­‑98. 35 More in A.A. Ostanek, Wpływ polsko­‑ukraińskiej prasowej wojny propagandowej wokół wydarzeń 1930 roku w Małopolsce Wschodniej na bezpieczeństwo II Rzeczypospolitej, ”Studia Bezpieczeństwa Narodo‑ wego” 2017, No. 11, pp. 301­‑332.

66 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half... the authority and strength of the state power”36. Thus, the press tried to ensure maximum support by a separate decision of the authorities. An article in “Słowo Polskie” drew the attention of readers not only to sabotage Ukrainians, but also to the position of Poles with anti­‑state sentiments, contributed to sabotage: „You must go to the masses of people in our territory with the cult of the ruling power, protect at every step and defend its authority and strength, because other‑ wise you are in the ranks of hostile forces working on the destruction of our state, over the destruction of our homeland and freedom”37. At the same time, an action to settle ethnic Poles in the Polesieregion near Eastern Lesser Poland was taking place. According to the article “Młodzież polska – na wieś,”(“Polish Youth – to the Countryside”) the “Akademickie Koła Prowincjonalne” (“Provincial Academic Centers”) must “neutralize and detect guilt” through educational and cultural work with the rural youth in all counties, because “authorities should punish for acts of banditry. In turn, you have the task of spreading Polish culture in the areas covered by the activities of bandits”38. The media war that took place on the pages of the Lviv press was useless for both sides in the context of the development of further Ukrainian­‑Polish relations. The situation in Poland quickly attracted the attention of European observers and social thinkers. Thus, the Polish‑Ukrainian­ newspaper war went beyond the borders of the Second Polish Republic. And it was not an accident, but an action planned by Ukrainians. OUN activists made considerable efforts to conduct propaganda in the United Kingdom, Germany, Switzerland, Lithuania and Belgium, and to send out new information about repressions against Ukrainians almost every day. Interpreting the facts in their own way, the nationalists initiated a campaign whith the task to reduce the international authority of Poland. The Lviv press has been constantly describing and commenting on current events and the international situation that has been created. In the period from the fall of 1930 to the spring of 1931, a number of articles appeared in the European press, the contents of which represented Poland in a very negative light. More publications were published in English‑speaking­ countries (165 articles in Great Britain, the United States and Canada), Germany (312 articles), Czechoslovakia (40 articles), Italy (20 articles) and France (20 arti‑ cles). In the Soviet press, information about the dysfunction also appeared several times. Less about events in Poland was written in Lithuanian, Belgian, Swiss and Austrian publications. Italian newspapers, for example, protested against the arrest

36 Słowo Polskie 1930, No. 270, 3 X, p. 1. 37 Słowo Polskie 1930, No. 270, 3 X, p. 1. 38 Słowo Polskie1930 No. 244, 7 IX, p. 5.

67 Studia Administracji i Bezpieczeństwa nr 5/2018 of Ukrainian politicians and repression by the authorities. The Soviet press, on the other hand, emphasized the imperialistic and Fascist character of Poland, which allegedly rested only on violence against its citizens39. A certain criticism of Poland was voiced at the International Congress of the Federation of the League of Nations, held on 13­‑15 October 1930 with the participation of 22 states. The delegates decided to send representatives of the international press to Poland to collect additional information and then to undertake actions based on it40. The Lviv Polish‑language­ press widely described the arrival of subse‑ quent correspondents. The first to arrive in Poland on 16 October was Edward Chapuisat, Editor­‑in‑chief­ of the Journal de Geneve newspaper. During his visit, he met with the governor of Lviv and examined the city, which in general made a good impression on him. The arrival of the editor to the Lviv press was com‑ mented on in different ways. Słowo Polskie wrote that Edward Chapuisat “showed great understanding in the situation and local relations”41. On 21‑24­ October 1930, Consul General of Great Britain Frank Savery visited Lviv and then other cities of EasternLesser Poland.A. B. Barker, editor of The Times, arrived with him. The official reason for their visit was designated as “the restoration of a long‑standing­ relationship uniting them with Eastern Lesser Poland”42. However, no one doubted that their task was to verify the facts about repression against the Ukrainian population. Immediately upon arrival, they met with the Lviv voivod, the head of Military District Corps VI, the county headman, the chairman of the Court of Appeal and other representatives of the political world. On 22 October, the guests met with Henry Loewenherz– a well­‑known expert on interethnic relations, which once again confirmed the true purpose of their arrival43. Later on, representatives of the press and various human rights institu‑ tions were regularly coming to Poland. On 21 October, members of the League of Nations Society, including Walter Naper from Great Britain, Josef Wilfanfrom Italy, chairman of the Congress of National Minorities in Geneva, as well as

39 AAN, sygn. 322.2258. Notatka w sprawie wykorzystania wypadków w Małopolsce Wschodniej przez czynniki urzędowe oraz prasę sowiecką dla celów agitacyjnych przeciw państwu polskiemu; Діло 1930, No. 237, 24 X, p. 4; Діло 1930, No. 238, 25 X 1930, p. 2. For a detailed list of articles about the anti­ ‍‑Polish overtones that have been published abroad, see: На вічну ганьбу Польщі. Твердині варвактва в Eвропі, Praha 1931, pp. 109­‑152. 40 Діло 1930, No. 235, 22 X, p. 4. 41 Gazeta Lwowska 1930, No. 240, 17 X, p. 5; Słowo Polskie 1930, No. 284, 17 X, p. 5. 42 Słowo Polskie 1930, No. 289, 22 X, p. 3. 43 Słowo Polskie 1930, No. 293, 26 X, p. 5. As a result of this visit in The Times on 13 December 1930, a fairly extensive article appeared, showing the Polish­‑Ukrainian relations in Poland objectively. The content of the article strongly polemicized the reports of „Manchester Guardian,” which spoke only in the tone of anti‑Polish.­ It was clearly indicated that it was the Ukrainian actions that provoked the Polish authorities to take such steps. More in Głos Polski 1930, No. 52, 25 XII, p. 1.

68 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half... delegates from Holland and Yugoslavia, arrived in Warsaw on 21 October. A few days later they went to Lviv, openly declaring the goal – checking information about Polish abuses towards Ukrainians44. The visits of journalists and correspondents continued in mid­‑November 1930. Then the editor of Chicago Daily News, Nygley Farson, and the Berlin correspondent of Manchester Guardian, S.A. Voight, arrived in Eastern Lesser Poland45. In the second half of November, a Latvian journalist, Arved Arenstam, from the newspaper Jaunakas Sinas, arrived in Lviv, who visited the surround‑ ing villages.Given the large number of guests, the Polish press was ironic that if a foreign journalist had been asked about the purpose of his arrival, he would have answered with a smile: “So much to hear about the terrible Polish cleansing action in Ukrainian villages, I wanted to see with my own eyes, you cut people alive here, and then you hang separate parts in the trees by the road”46. The intensification of sabotage in Eastern Lesser Poland naturally aroused the interest of the Polish, Ukrainian and Western European press. The silence of Ukrainian politicians, intellectuals and clergy in this matter worsened the situa‑ tion, because the Polish press, despite the veracity or falsity of the information, accused all Ukrainians of anti‑state­ activities. It was believed that silence means quiet agreement and support for actions of the UMO/OUN – at least moral suppert. On the other hand, the Ukrainians entered the media war almost immediately after the introduction of the stripping regime. It should be noted that the Ukrainian side was surprisingly well prepared. This is evidenced by the coordinated propaganda that took place throughout the world, and its effectiveness, manifested in the organization in different countries of actions to support the Ukrainian population of Poland. The Poles in the first phase of the press war were in a much worse posi‑ tion. The response of the Ministry of Foreign Affairs, although adequate, was late, and this led to a deterioration of reputation and a decline in the authority of the Second Polish Republic in the West. The statements of Polish diplomats in the beginning were reduced only to the rejection of complaints of Ukrainians and over time they turned to the presentation of facts and statistics. The Polish­‑Ukrainian press propaganda war and the enormous number of activities of the Polish press had two consequences – external and internal. Within the state, interethnic contradictions sharpened, which made it difficult to search for modus vivendi in the next few years. In the international arena, anti­ ‍‑Polish propaganda engendered hostility towards to Second Polish Republic as

44 Słowo Polskie 1930, No. 290, 23 X, p. 5. 45 Słowo Polskie 1930, No. 313, 15 XI, p. 7. 46 Słowo Polskie1930, No. 322, 24 XI, p. 9.

69 Studia Administracji i Bezpieczeństwa nr 5/2018 a state. The image of Poland as a country where the rights of national minorities are being violated, complicated cooperation with the political centers of Europe. Despite the fact that the League of Nations verdict formally justified the steps of Warsaw, it was not possible to fully restore the former authority in all cases, which fundamentally hit Poland’s political security. To the positive aspects of the whole case, perhaps, part of the Ukrainians, who did not agree with the tactics of the UMO/OUN and understood the meaning of the events differently, tried to find ways of mutual understanding. Paradoxi‑ cally, the situation in 1930 became one of the foundations of the Polish­‑Ukrainian understanding in 1935.

References Archives 1. Archiwum Akt Nowych w Warszawie (AAN) –– Ministerstwo Spraw Wewnętrznych –– Ministerstwo Spraw Zagranicznych 2. Дepжaвний аpxiв Львiвcькoї облacтi (ДAЛO) –– Komenda Wojewódzka Policji Państwowej we Lwowie –– Lwowski Urząd Wojewódzki 3. Дepжaвний аpxiв Iвaнo­‑Фpaнкiвcькoї­ облacтi(ДAIФO) –– Komenda Wojewódzka Policji Państwowej w Stanisławowie 4. Дepжaвний аpxiв Тернопільськoї облacтi(ДAТO) –– Tarnopolski Urząd Wojewódzki. Documents 1. Ustawa z 15 VII 1925 r. o zakwaterowaniu wojska w czasie pokoju (Dz. U. 1925, No. 97, item 681). 2. Rozporządzenie prezydenta RP z 6 III 1928 r. o Policji Państwowej (Dz. U. 1928, No. 28, item 257).

Press 1. Діло 1930. 2. Gazeta Lwowska 1930.

3. Głos Polski 1930. 4. Słowo Polskie 1930. 5. Wiek Nowy 1930.

Bibliography

70 Adam A. Ostanek, Polish-Ukrainian Relations of the Second Half...

1. Mazur G., “Problem pacyfikacji Małopolski Wschodniej w 1930 r.”,Zeszyty Historyczne No. 135, Paryż, 2001. 2. На вічну ганьбу Польщі. Твердині варвактва в Eвропі, Praha, 1931. 3. Останек A.A., Пацифікація 1930 року – дія чи протидія польської влади в контексті безпеки держави і регіону, Історичні та культурологічні студії 2014­‑2015, Вип. 6 ­‑7. 4. Ostanek A.A., “Stosunki polsko‑ukraińskie,­ a bezpieczeństwo Rzeczypospolitej w kontekście wydarzeń 1930 roku w Małopolsce Wschodniej”, Studia Historica Geda‑ nensia 2017, Vol. VIII: Pars in toto. Mniejszości w ciągu dziejów. 5. OstanekA.A., “Wpływ polsko­‑ukraińskiej prasowej wojny propagandowej wokół wydarzeń 1930 roku w Małopolsce Wschodniej na bezpieczeństwo II Rzeczypospo‑ litej”, Studia Bezpieczeństwa Narodowego 2017, No. 11. 6. Ostanek A.A., Wydarzenia 1930 roku w Małopolsce Wschodniej a bezpieczeństwo II Rzeczypospolitej, Warszawa, 2017. 7. ОстанекA.A., Пацифікація 1930 року – дія чи протидія польської влади в контексті безпеки держави і регіону, Історичні та культурологічні студії 2014­‑2015, Вип. 6­‑7. 8. Sabotaże nacjonalistów ukraińskich oraz akcja represyjna władz polskich w Małopolsce Wschodniej w 1930 roku w świetle dokumentów, wybór, wstęp i oprac. A.A. Ostanek, Warszawa, 2018. 9. Шульгин O., Державність чи Гайдамаччина?, Париж, 1931. 10. “Udział formacji zwartych Policji Państwowej w akcji represyjnej w Małopolsce Wschodniej w 1930 roku w świetle „Sprawozdania Komendanta Wojewódzkiego Policji Państwowej we Lwowie z akcji przeciwsabotażowej na terenie powiatu bóbreck‑ iego, brzeżańskiego, podhajeckiego, rohatyńskiego i tarnopolskiego, przeprowadzonej w dniach 21‑29­ września 1930 roku przez oddziały policji,” oprac. A.A. Ostanek, Roc‑ znik Kresowy 2016, No. 2. 11. Zięba A.A., “Pacyfikacja Małopolski Wschodniej w 1930 roku i jej echo wśród emi‑ gracji ukraińskiej w Kanadzie,”in Przez dwa stulecia XIX i XX w. Studia historyczne ofiarowane prof. Wacławowi Felczakowi, Ed. by W. Frazik, Kraków, 1993. 12. Kraków i Polski (1914-1939), Kraków, 1998.

71

Part II

Methods of Security and Applications

Waldemar Kaak The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Improving the Crisis Management System. Between Pragmatism and Reality

Summary The research presented in the article is devoted to issues concerning crisis man‑ agement system improvement. The emphasis and author’s focus concerns especially the training procedures providing the proper instructions for the specialists operating within it. Specifically, the practical training is named as the priority, and this includes the means of organizing exercises, and interaction within the crisis management system. The leg‑ islative process is also outlined, with the legal ambiguity of some statutory nature also exemplified. This correspondingly includes the assessment of the executory provisions sometimes determining the effective validation of the crisis management system.

Keywords: crisis management, internal security, risk counteraction, specialized training

The crisis managements system within the national security system

Crisis management as a component of the national security governance has for many years played an important role in the functioning of state administration. Central, provincial, district and municipality tiers have proper units in charge of managing crisis situations, and likewise many other entities outside state admin‑ istration. Tasks assigned to crisis management and civil planning are detailed in the law of 26 April 2007 on Crisis Management1. They can be divided into plans – what is related to action methodology, drawing up documents, procedures, and organising – making the existing system effective, efficient and complete, and operational – for crisis situation or crisis pending. They are present in all phases of crisis management, beginning with prevention through preparations, responding and ending in restoration2. The range of tasks varies – the expansion is mainly due

1 Journal of Laws 2018.1401 of 23.07.2018. 2 Cf. Falecki J., Dylematy zarządzania kryzysowego w Rzeczpospolitej Polskiej, Sosnowiec 2016, p. 66. Studia Administracji i Bezpieczeństwa nr 5/2018 to changing legal environment and is based on current potential and factual threats. Within the contemporary security administering it is part of a packet for vari‑ ous types of public institutions operations; it is also being implemented by many corporate bodies. Naturally, there is no direct rapport between the quoted law pro‑ visions which are obligatory only for the state administration bodies3, nonetheless, the requisite to maintain required security standards is becoming a fundamental need in other than public institutions. Currently, an essential component of comprehensive approach to security concerns is interdisciplinary. The nature and a variable dynamics of occurring threats, are both crucial and major factors shaping the crisis management system flexibility, including atypical situations which have not been integrated into secu‑ rity management system with specific procedures. Of course, security requires that procedures are in place, but it has to be remembered that despite superficial similarities and objective approach to crisis events – its many different aspects, the procedures themselves will not bring expected loss reduction. Unquestionably, there is a need to evaluate and improve the crisis management system in a way that will correspond with the multi‑aspects­ or hybrid forms of occurring threats.

Unification of the crisis managements system

It is possible to achieve a required functionality of the crisis management system, provided that training and educating are implemented in due time. The main prin‑ cipal objective in its core activities is to seek perfection whereby managing and coordination of anti­‑crisis action may bring optimal effects through minimisation of applied powers and measures with a simultaneous reduction of losses. The proper activity in a crisis situation affects the human safety, property or natural environ‑ ment protection, and is a multi­‑dimensional in a sense of joint operations by all basic security services, including fire department and inspection authorities, as well as any other institution focused on threat recognition, control, and the minimisa‑ tion of possible loses. From that perspective the main presumptions of cooperation, as defined by J.A.F. Stoner, R.E. Freeman and D.R. Gilbert, are following: –– joint objectives; –– autonomy of the participants; –– voluntarism of tasks to be carried out;

3 Cf. Article 2 of the Law of 27 April 2007 on Crisis Management.

76 Waldemar Kaak, Improving the Crisis Mangement System...

–– implementation of own tasks, and provision for mutual assistance4. Joint objectives should not raise any questions, since cooperation of units must be in line with the crisis management plans, at all levels of joint operations, where the principal activity should be focused on safeguarding the broadly under‑ stood security. Moreover, the executory provisions that regulate the performance of the services, fire departments and inspection authorities, at the same time define their responsibilities in case of a threat or a crisis situation. This is the determinant of effective action within own competences, and at the same time a prerequisite for achieving proper goals. That the participants in crisis management system are autonomous is obvious, and is dictated by the law provisions governing their functioning. Natu‑ rally, safety nests determined in crisis management plans provide specific roles for proper institutions and particular threat occurrences. However, there is no superi‑ ority rule – no commanding prerogative and supremacy over the other associates in crisis management execution. Pragmatism of various crisis management activi‑ ties performed in the territory of Poland indicates that in practical terms the system works, as a result of the intended purpose. When form of an overcomed crisis becomes a fact, the assessment has to be made in respect to the principal rules of crisis management plans, where every individual management activities must be accounted for. Supervision in this case is to be understood as an authorisation to make decisions, including superior declaration of will determined by commanding factors, as well as assuming full responsibility for the decisions taken. Action man‑ agement seen this way is adequate to the course of the crisis occurrence, where time usually exerts pressure, a rising level of threats, and a surfacing deficit of powers and measures. Autonomy becomes thus a key element in anti­‑crisis activi‑ ties, however, it may pose a potential risk of responsibilities becoming indistinct for the participants. This is a challenging aspect of the Polish system of crisis management, which is emphasised in literature on the subject, but which has not been sufficiently detailed by the law. It has to be stressed that the legislative task is not an easy one, and similar issues are encountered by all states in which crisis management has been regulated by laws and decrees. To be effective in counter‑ acting threats to security, the safety nests had to be established with appointed coordinators – usually these are the state administration authorities in charge of tasks assigned to a given tier of management (national, provincial, district, and municipal, respectively), and principal entities with the widest operational and

4 Cf. J.A.F. Stoner, R.E. Freeman, D.R. Gilbert, Kierowanie, Warsaw 2001, p. 262.

77 Studia Administracji i Bezpieczeństwa nr 5/2018 organisational capacities to counteract threats, including their assisting units – such ones which significant expertise in threat suppression. Various tasks have particular status control of their performance, and this has to be understood as a division of managing entities at the planning stage and preparation to commence action. This stage is one of the more important within the process of building up security, as at that stage cooperation ties are being formed, and tasks are assigned for implementation. Work set up should be reflected in a crisis management plan which is a prime document, based on all other docu‑ ments are drawn up on different state administration levels, either governmental or self‑governmental.­ Assessing the crisis management cooperation, the very concept of “coor‑ dination”, evident throughout all tiers of crisis management, is linked to entities carrying out crisis management tasks at given level. What needs to be defined. Despite a number of definitions in sciences of management, there is no reference to security dimension5. From the crisis management perspective, the definition “coordination includes arrangements and subordination of joint actions of many entities”6 seems to be adequate. Practically speaking this involves: –– drawing up plans on the grounds of data provided by participants in crisis management; –– taking on the role of the entity pointing out strategic directions of action; –– implementation of information policies; –– actions related to providing information to bodies of higher rank and to obtaining information from bodies of lower rank.

These are extremely important components within the process of forming security and curbing down the negative outcome of crisis situations, but it would be worth mentioning that the coordinating body has a limited ability to decide what operational or tactical solutions can be effected, which in fact are reserved directly for those counteracting threats. At the meetings of crisis management teams, squad heads, fire fighters and inspectors will present information on the capacities and means they are in possession of, and inform on planned actions and current needs. And, on top of it, they bear full responsibility under the executory regulations applicable to their activities. The crisis management system in Poland works efficiently, which has been confirmed in a number of cases where action was undertaken almost instantly,

5 Cf. J. Falecki, Zarządzanie kryzysowe w teorii i praktyce, cz. 3, Relacje współdziałania, koordynacja działań, Sosnowiec 2014, p. 22. 6 M. Lisiecki, Zarządzanie bezpieczeństwem publicznym, Warsaw 2012, p. 192.

78 Waldemar Kaak, Improving the Crisis Mangement System... while losses were minimised. Safety nests in all phases of crisis management are determined by the participants and people in charge, with procedures defining the manner of cooperation, and power potency and means are used in an optimal way. However, in certain aspects the system should be improved and a number of changes should be implemented. The overall principle of individual supervision – so much desired for security reasons – has to be substantiated. It needs to be bound with the responsibility of a person for action undertaken. Furthermore, a principle of territorial primacy needs to be defined, which will set limits to the territorial range of operations. But, real life shows that this principle is often disregarded due to vertical report system and degree of dependency of the heads of services, fire brigades and inspectors, on their superiors.

Training as a component of the crisis management system

Training is one of the most important components in forming and evaluating of the existing security solutions. The Law on Crisis Management provides that practical training should be organised on all tiers of the system. The very training pro‑ cess should aim at achieving objectives to improve security levels, and to extend response possibilities. This can be analysed taking as an example the system of civil protection where the head of the National Civil Defence gives directives, as to the manner training is organised and conducted. However, the mere large number of those entities that provide training seminars, and courses using different methodologies and techniques, do not safeguard the desired outcome. Similar con‑ cerns are also encountered in the sphere of crisis management, where no uniform principles of how to carry out training has been worked out yet. The core component in all instructions to be organised should be set in a training programme, naming the principal undertakings to be implemented. Pragmatically, it is obvious that programming should be in annual cycles, in order for the training to be relevant and up to date. It should refer to the cur‑ rent affairs, possess potential propensity of crisis neutralization, and generally be in compliance with the regulatory provisions force use. Unnecessary shorten‑ ing or prolonging of the training makes no sense from the organisational point of view, since it does not guarantee that the training objective will be attained. At the subsequent stage, a training plan should be formulated where training groups are identified, deadlines for plan implementation set, and other essential concerns organisationally resolved.

79 Studia Administracji i Bezpieczeństwa nr 5/2018

Nonetheless, in order to assess the effectiveness of crisis management training improvements, it requires that forms of theoretical and practical train‑ ings should be looked at from a close range. W. Kitler and A. Skrabacz hold that training in security should take the theoretical forms of: –– lectures; –– seminars; –– workshops, and their practical forms should be based on: –– demonstrations; –– observations of practical activities; –– visits7.

Apart from the forms mentioned earlier, the practical training should at the end secure the maximal success of training. But the methodology of such training must also be analysed. To provide successively planned and executed practical training, a number of planning steps needs to be taken in regards to the personnel and documentation. However, what is crucial in training to be initiated, is that the participants should not have knowledge of the planned steps in detail beforehand, since the trainees must use their abilities and means immediately available for their use. In an authentic training should one must assume that the existent circumstances always prevail. For the people in charge, there might arise problems with of maintaining of security function, risk of shortage of resources at a given moment, lack of comprehensive information concerning the occurrence, recourses launched out too slow, and the problems with the anti­‑crisis management processes. Regrettably, in a majority of cases, these principles are not observed, so eventually training exercises prove to be, more or less, schematic actions. Naturally, certain goals are attained nonetheless – especially when it comes to training the practical skills, for example in fire fighting, or in executing certain security measures. Yet, the overall comprehensive goal is not attained in the form of all crisis management activities, as per the crisis management exercise plan, and execution. This mainly relates to action procedures in case of arising risk, counteracting capability and measures. The first and foremost component of any exercise being organised is establishing a team responsible for preparing detailed information concerning

7 W. Kitler, A. Skrabacz, Bezpieczeństwo ludności cywilnej. Pojęcie, organizacja i zadania w czasie pokoju, kryzysu i wojny, Warsaw 2010, p. 241.

80 Waldemar Kaak, Improving the Crisis Mangement System... a potential crisis situation, to be trained. Any scenario created by that team should be kept secret, and that is the key issue that the team would have to stick to. This will allow to provide maximum realism. Needless to say, the team has to work accounting for the realities and foreseeable threats. The following stages leading up to a prepared exercise should include: –– determination of the operational goal, subject matter and scope of exercise; –– identifying participants; –– setting out the time and place; –– appointing the leader of the exercise (or possible the structure of the exercise); –– writing the exercise scenario together with the schedule, and scope of information to be provided in the course of the exercise; –– drawing up planning documents, and a final report.

The itemised exercise is not complete; it is an open structure allowing to create a conceptual framework of the exercise. In order to illustrate organisational problems, the scenario nicknamed “Akademia” (carried out on 17 April 2017 on the premises of the Jacob of Paradyż University of Applied Sciences in Gorzów Wielkopolski) can be an example. The scenario called for an counter­‑action by relevant services, against the sudden entry of armed assailers onto the premises of the school. The assailers were to set fire to the library, hijack a number of students, lecturers, and barricaded themselves in the auditorium. The exercise was staged by the State Fire Service units dispatched from the Urban State Fire Station in Gorzów Wielkopolski, and servicemen from the Autonomous Antiterrorist Unit and the Autonomous Police Prevention Unit, Province Police Station, Gorzów Wlkp. The commanding officer in charge of rescue and police operations had some 50 policemen and 40 fire­‑fighters fully equipped at his command. The exercise lasted for two hours. The observers noted that the exercise was spectacular in its form and allowed to present operational procedures of respective services. However, that type of training exercise bears a number of shortcomings that make training real‑ ism only moderate, namely: –– the action lacked reality because of its timing; –– unrealistic access to powers and means; –– no surprise element for the participants (chiefly on the commanding tier); –– successive stages in the exercise easily predictable.

81 Studia Administracji i Bezpieczeństwa nr 5/2018

Scenarios and assumptions behind many training exercises performed in Poland are rather a type of a demonstration providing knowledge to people, usually not related to crisis management, who can learn about the tactical and technical issues. Of course, the rescue team or other officers executing their duties must carry out specific procedures (evacuation, injury handling and wound dress‑ ing, skills to overpower attackers), yet, seeing the subject matter in whole and in its interdisciplinary dimension, there is no one element that would improve the crisis situation management system.

Conclusions and perspective changes

Taking into consideration a continuous growth of the importance of a crisis management as a system, that component which focuses on its mastering is not sufficiently regulated. This is visible in both, in its pragmatics, and in view of its legal aspects. A question then arises as to what entity should assume responsibility for a comprehensive solution – to be used on all tiers of the state administration. The crisis management system in Poland is overseen by the Council of Ministers, and it seems that the Council’s competence should bind it to issue of implementing order which will regulate the range of organisational movements within the crisis management, with emphasis laid on training. The top authority, in regards to rationalisation of means, should be assigned to the National Security Centre, with the main role vested in it and its national crisis management focus. Such directions in the evaluation of the basic component of managing state security, with the crisis management system as the foremost agenda for improvement, seems to be the only pragmatic path on the road to enhancement of the entire state security.

Bibliography 1. Falecki J., Dylematy zarządzania kryzysowego w Rzeczypospolitej Polskiej, Sosnowiec 2016. 2. Falecki J., Zarządzanie kryzysowe w teorii i praktyce. Cz. 3. Relacje współdziałania, koordynacja działań. Sosnowiec 2014. 3. Kitler W., Skrabacz A., Bezpieczeństwo ludności cywilnej. Pojęcie, organizacja i zada‑ nia w czasie pokoju, kryzysu i wojny. Warsaw 2010. 4. Lisiecki M., Zarządzanie bezpieczeństwem publicznym, Warsaw 2012. 5. Stoner J.A.F., Freeman R.E., Gilbert D.R., Kierowanie, Warsaw 2001. 6. Ustawa z dnia 26 kwietnia 2007 roku o zarządzaniu kryzysowym (Dz.U. 2018.1401 of 23.07.2018).

82 Izabela Iwanowicz Military University of Technology, Warsaw, Poland

The Praxeology of Safety According to the Polish Ministry of National Education Program “Safe School”

Summary Poland’s Ministry of National Education1 issued in August 2017 a document titled Safe School –the threats and recommended preventive measures for [protection of] physi‑ cal and digital safety of students2. A program started in September 2017 as a set of safety recommendations and guidelines for school heads and school authorities. In its particular components and general outlook, the document focuses on school safety problems, with propositions for their resolve. The whole document consists of two separate parts. The first chapter –Prevention of physical hazards and ensuring physical safety at school – discusses such material factors as the description of a typical school building, its equipment and its surroundings (areas adjacent to school buildings), entry/exit procedure, alarm system, escape routes, and recommendations for school activities in relation to its material factors. It also underlines duties of the school headmaster, teachers and other school staff, based and in relation to the Teacher’s Charter. The second chapter – Cyber threats prevention and digital security at school – is a significant novelty. The Ministry of National Education‑ document provides for all the actors present within school surroundings, and at the same time in the digital space, six separate preventive recommendations, and also a strategic recommendation (action plan) in general. The aim of the article is a presentation of the main premises and contextual analysis of the safety issues presented in it.

Keywords: School digital and physical safety, prevention, Ministry of National Education, school digitization

1 In Polish: Ministerstwo Edukacji Narodowej (MEN). 2 Bezpieczna szkoła. Zagrożenia i zalecane działania profilaktyczne w zakresie bezpieczeństwa fizycznego i cyfrowego uczniów (English: Safe School.The Threats and Recommended Measures for Physical and Digital Safety of Students), Ministry of National Education, Warszawa, August 2017. Studia Administracji i Bezpieczeństwa nr 5/2018

Introduction

The study conducted by the Institute for Educational Research in Poland, based on alarge group of about 5000 respondents, showed that almost 80 percent of parents expressed the general expectation that their children are or should be safe at school. For 60 percent of them the teachers competences were also important, and for the 25 percent a high level of education. The document also provided additional data from the Educational Information System: in the 2015/2016 school year, of all the educational establishments in Poland, more than 65 thousand accidents have occurred, including 151 (0.23 percent) serious accidents and 5 fatal; as compared to the 2014/2015 school year, there was 5834 (8.2 percent) less accidents. None‑ theless, safety at school must be of continuous interest to educational authorities, teachers, and parents, as a fundamentally key concern. The more so, considering such causes of accidents as spatial restrictions (density, excess of stimuli, noise) or financial deficiencies (hindering good preparation of school for potential threats). However, there are also new dangers – like terrorism or threats in cyberspace.

Physical security at school

In its introductory part, the document overviews the basic legal regulations that‑ governs the safety rules and procedures in case of emergency. The review begins with the statutory law,Act of December 14, 2016 – Educational Law (Journal of Laws of 2017, item 59)3, where we read, among others, Art. 1 and the following fragments4: The educational System shall in particular provide: 1) the implemen‑ tation of the right of every citizen of the Republic of Poland to education, and to educate the children and youth properly in correspondence to their age and development; [...] (21) dissemination of safety awareness among children and adolescents, and the development of appropriate attitudes towards risks, including those related to the use of information and communication technologies [ICT] and emergency situations). ICT security is a major novelty, and the sign of the times. Apart from that, in view of the Ministry of National Education docu‑ ment, the most important excerpts from the acts of law are from the following: the Act of 10 June 2016 on counter­‑terrorism activities; the Act of 26 January 1982 – Teacher’s Charter, as well as other acts originating in the communist era, with

3 Ustawa z dnia 14 grudnia 2016 r. – Prawo oświatowe (Dz. U. 2017, item 59). 4 Bezpieczna szkoła. Zagrożenia i zalecane działania..., op. cit.

84 Izabela Iwanowicz, The Praxeology of Safety According... later changes; the Act of 26 October 1982 – On Proceedings in Juvenile Cases; the Act of 23 April 1964 – On the Civil Code; the Act of 6 June 1997 – Penal Code; the Act of 26 October 1982 – On Upbringing in Sobriety and Counteracting Alco‑ holism; the Act of 29 July 2005 – On Counteracting Drug Addiction. Physical security at school includes a number of material factors (school building, its equipment and adjacent areas) and intangible assets, including profes‑ sional qualifications, knowledge of security principles, rational organization, and discipline of teachers and other school employees. Necessity to identify potential threats, preventive actions aimed at minimizing the risk of their occurrence, and in the event of crisis situation the ability to carry out evacuation, is part of the tasks and responsibilities of teachers, as well as administration, and service staff. The recommendations of the Ministry of National Education document highlight the need to monitor areas adjacent to the school, neighboring residential buildings, commercial buildings or parking lots, as well as sports fields (includ‑ ing popular fields named Orlik) also available toall residents outside the school’s opening hours. It is necessary to observe the way people use the sports fields or playgrounds, whether they leave unusual items there (cartons, suitcases, back‑ packs, etc.), or if there are unattended vehicles near the school (e.g. cars without registration plates, wrecks). Monitoring has to cover the entrance to the building, keep a book of entrances and exits, and must verify the people entering the school. At the end of the first chapter, the authors of the program notice that there are no reliable announcements or warning signs on the possibility of any attacks. However, they consider that a threat may become obvious in the form of inter‑ ference within the school environment, with certain rational premises and facts suggesting the possibility. Such an attack may be preceded by the presence of a future perpetrator on the premises of the school, with behavior allowing the pre‑ diction of a dangerous situation5. What are the noticeable symptoms of potential assassins behavior described? This is considered – in the form of a practical guide: 1) the arrival of the perpetrator in the company of another person, who then leaves the place; 2) avoiding of the eye contact by the perpetrator; 3) camera avoidance; 4) restless movements, unnatural gait; 5) failure to adhere to entry ban signs; 6) the appearance of seclusion from other people; 7) unsuitable clothing for the time of year; 8) suspicious protuberances under the clothing; 9) protruding cables; 10) clenched hands; 11) suspicious packages/backpacks6.

5 Ibidem. p. 4-14. 6 Ibidem. p. 14.

85 Studia Administracji i Bezpieczeństwa nr 5/2018

There are also 17 signs described in synthetic detail, to which a special attention should be given. Four of them is defined as a system recognition: false alarms about the bomb’s position; attempts to enter school under a trivial pretext; tossing packages or bags without suspicious substance inside; cars, especially vans, parked in atypical places. Four more are defined as a recognition of the target: drone flights over the school; taking photos with school in the background; students questioning on topics related to the school; hacker attacks. Nine other signs were also added: unusual and striking behavior of people; items left unat‑ tended: parcels, bags, packages; the appearance of people interested in school; vehicles without registration or with visible burglary signs; young people whose clothing can mask large items; special interest of students in military affairs; infor‑ mation from students about informal groups/clubs; students excluded from the group; other situations different from typical in the school environment7. A meticulous description of the 17 signs to which particular attention should be given in order to guard against physical threats at school, as well as the previously given description of the behavior of potential attackers (11 symptoms) – clearly contrasts with the matter of digital threats that are not that accurately pointed out. This difference in approach to both types of dangers threatening the school and students (while the use of other precautions on both fields) for some reason seems understandable. Nonetheless, the intentions of the authors is worth being analyzed.

Digital security and prevention of cyber threats at school

The second chapter begins with evaluative statements: “Most of the Polish society lives in the world of digital content and services, permeating daily life to a degree that does not compare with any technology of the past. The Polish school must therefore fully operate in the digital environment, utilizing educational resources available online. This chapter aims to provide a basic package of mandatory actions to ensure the safety of students in the digital environment that should be taken at any Polish school. And to propose a set of minimum procedures for cor‑ rect response in the event of the emergence of cybersecurity threats to students”8.

7 Ibidem. 8 Ibidem, pp. 15­‑24; there is also definition added in a footnote: “By digital security (cyber security, securi‑ ty in the digital environment) we mean both ensuring safe activity of students in the digital environment, as well as counteracting threats related to the security of network, servers, data on devices”.

86 Izabela Iwanowicz, The Praxeology of Safety According...

The issues of the digital security of the Polish school are part of research problem of an increasingly broad and dynamically developing field of knowledge. It would be difficult to try to synthesize many works in this field to the needs of potential recipients of the Ministry of National Education document. That is why the authors of the text analyzed here suggested a form of a concise guidebook for school heads and teachers useful in practice. On the other hand, the recipients of the document are sent to publication, which enables them to raise their own competences in the field of cyber­‑security for students. According to the authors, ensuring the safety of the digital school environment will be one of the priorities of the planned National Education Network. The Ministry of National Education document from August 2017 is one of the starting points for this implementation. There is no shortage of polemical and journalistic elements in this text, for example: “Contrary to the practice of many Polish schools, [digital security] can not be limited only to instructing the teacher of computer science to take care of the equipment and school network, and to purchase technical security services from the provider in the form of an anti‑virus­ program or an unwanted content filter). However, much more important are preventive activities carried out with the participation of the whole community: pupils and their parents/legal guardians, directors, teachers and other schools employees. And these should be systemic, continuous, long‑term­ and coordinated actions”. The Ministry of National Education document provides all faculty pres‑ ent within the school surroundings, and at the same time in the digital space, six separate preventive recommendations, and also a strategic recommendation (action plan). The final form of the plan should be an official document adopted – after discussion and acceptance by the authority running the institution, parents, teach‑ ers and pupils – to be implemented in school; project designing is the task of the school head (possibly with the support of an expert or specialized company). This strategy consisting of various activities in a 3‑year­ or 4‑year­ period, being updated in the course of implementation, should include activities of a different nature specified in six preventive recommendations (about them in a moment). An important part of the strategy has to be the so­‑called Digital Secu‑ rity Policy in school,9 which means introducing the necessary standards and procedures for reporting incidents, emergency interventions. In general, how‑ ever, the authors of the Ministry of National Education document encourage the school community to solve problems in the field of cyber security, to adequately

9 Digital Security Policy in school should be understood as a set of rules, procedures for acting and responding to situations identified in the school cyberspace and arising in connection with the use of the network by teachers, pupils and other entities.

87 Studia Administracji i Bezpieczeństwa nr 5/2018

(not overly) respond to incidents and violations. It can not be otherwise, since they fall in the recommendations of the sentence type: „The Internet– its resources and possibilities – it is a great wealth used by modern school every day” (p. 16), when it brings “the process of civilizational change at school” (p. 17). The pursuit of a “civilizational change” is felt in many points and fragments of the document, or its subsequent recommendations. For example, in recommendation number one, such an aspiration can be seen in the “descrip‑ tion” sample (to be more specific: the presentation of a wide spectrum of tasks) chosen among the pedagogical leader for digital security. Its task, apart from the organization ofacquiring domain competence of teachers etc., it will alsocoor‑ dinate activities aimed at developing media and digital literacy of pupils, and activities addressed to parents. Naturally, a kind of maximalism or idealism sounds good in the context of opening up to civilizational changes, but can be difficult to apply in terms of delays and various development deficits of the Polish school. The school can not cope with cyber threats problems alone. It is impos‑ sible to fully control the student’s use of the services and content of the network, because they have contact with the Internet mainly outside the school. Often this type of initiation for children and adolescents is almost limitless. Unfortunately, students – or as they are already defined in the literature,cybernate natives – often overestimate their competences and abilities in the free surfing through the digital world, and the excess freedom often pushes them to shoals of pathology. The teachers are not able to keep an eye on them in school, nor are parents at home. So the tertium datur remains, the third possibility: you have to count on the students themselves, the school can only provide them with the right premises to their own conclusions. And this is also how one understands the intentions of the authors of the Ministry of National Education document. The students say they treat school as an environment of exclusion, restriction and non‑modernity,­ they have a distance to its anachronistic methods, which affects the effectiveness of learning at school (op. cit., p. 18). In the second recommendation, a discussion and development of a “school digital contract (in the form of a contract)” is prescribed, taking into account the rights and obligations of all parties in the education environment: students and their parents, teachers and other persons. According to Ministry of National Edu‑ cation experts preparing it, this will arouse in the young sense of subjectivity as an adult partner in the school life. Open access to the Internet infrastructure10 will

10 Assuming that the network infrastructure of the school provides identification of each person. Each student and other network user at school should have an individual login and password: to the network and WiFi.

88 Izabela Iwanowicz, The Praxeology of Safety According... increase trust between students and teachers in the digital world, and you can also think about enabling – in certain situations – using digital devices in the BOYD model11 (p. 18). In general: a document of this type (contract) should contain regulations regarding the student safe access to the Internet at school, the use of information and communication technologies (ICT) as part of classes or the use of an IT lab, netiquette rules and the creation of a school website. The best results in the field of digital security can be achieved with the experts on network threats, or whenmain actors who can identify all manifestations of inappropriate behavior, will be the students (p. 19). The third recommendation focuses on the upbringing, and educational activi‑ ties addressed to the pupils. They were preceded by research results from recent years, with comments on them. Ninety­‑four percent of teenagers use the Internet every day, including 80 percent throughout the stay at home. Children’s Internet initiation takes place on average at the age of 9,12 with its age falling year by year. At the same time, less than every third student uses the network resources in the learning process (at school). And expert commentary: directors, teachers, pedagogues and school psy‑ chologists need to understand that children learn about the modern world, mainly through the Internet, in it they realize their cognitive, communication and ludic needs. And the school may not abstract modus vivendi, communication and cognitive habits, or ways of reaching information/knowledge (p. 19). Naturally, the school can not give up the active influence of students behavior in the digital space – it must teach them to navigate the web safely. School staff have a very important roles in conducting appropriate educational activities addressed to young people. According to Ministry of National Education experts, these activities should be understandable, stressing the advantage of the positive features of the Internet, relating to the value system accepted by students.The previ‑ ous calculation of the school’s activities, the lecture of the ideological foundations, the original views of the Ministry of National Education experts is much more attractive here, so it sounds better than the counting of preventive classes itself. And these are, for example, the following actions: (1) school appeal on digital security, though (rather novum) prepared by students; (2) a meeting with an expert on the use of the Internet by children (an educator, IT specialist, policeman, etc.); (3) educational lesson on the selected aspect of the cyber security, adequate to the needs and challenges of the class and age of the pupils (minimum once every quarter, i.e., 4 to 6 lessons per year; first two positions 2­‑3 times a year);

11 BOYD – Bring Your Own Device. 12 NASK: Nastolatki w sieci. Wybrane wyniki badania uczniów w szkołach, Warszawa, 2016.

89 Studia Administracji i Bezpieczeństwa nr 5/2018

(4) organization (with the participation of the student self‑government)­ on the digital security day – events for the whole school or even the local community, which can include lectures and practical classes, discussions, happenings, picnics and other forms of popularizationsubject matter13; (5) also organizing competi‑ tion with the prizes (sponsored by the sponsors or the parents council) by the student self­‑government – and in this competition between classes one would have to demonstrate the positive use of Internet resources, its own method of dealing with emergency situations; (6) extracurricular activities for students in the field of computer science and media (e.g., programming, graphic design, school radio or television) with compulsory inclusion of education in digital security, also enriching media and digital competences (through effective information retrieval, distinguishing falsehood from truth on the Internet, respect for copyright etc.)14; (7) advanced educational projects using ICT, including digital security issues, financed form EU funds, curatories, private foundation. In didactic work – as written in the ending of recommendation number 3 – we should strive to incorporate digital security topics into teaching non­‑IT subjects, as well as to strenghten students interest in digital security issues by preparing them take part in competitions15. Meetings of school communities can also take an active form, e.g., in the form of field/city games, festivals, school performances on the subject of security in the network etc. (p. 21). The viewis in harmony with the prob‑ lem of degradation or social isolation observed by researchers, who are constantly connected to new technologies, and break ties with the real world. There is also the issue to consider whether it is not worth creating a group of “cybersecurity students leaders,” who would cooperate with the leader of digital security at school. According to practitioners in general, the model of cooperation with pupils can provide more social and intellectual benefits – more than predomi‑ nantly school‑dominant­ solution. Recommendation number 4 concerns the issue of acquisition of cyber­ ‍‑security competences by school directors, teachers and other employees. Recent studies have shown a relatively low level of knowledge of teachers of all types of schools on the various aspects of digital security; only some of them raise their own digital competences, and people with medium and high ICT skills in teach‑ ing constitute a decisive minority (op. cit., p. 21). The authors of the Ministry

13 The organisation of digital security days can be linked to participation in the European Safer Internet Day campaing – added to the footnote. 14 This subject is present in the new core curriculum of the IT education subject. 15 Such as, for example, Digital Olympics https://olimpiadacyfrowa.pl, Media Olympics http://www.olimpiada­ ‍‑medialna.edu.pl and IT Olympics http://www.oi.edu.pl/.

90 Izabela Iwanowicz, The Praxeology of Safety According... of National Education document therefore postulate the training of teachers of all subjects, as well as the pedagogues and psychologists. Moreover, they propose that the subject of digital security should be placed at a special meeting of the teach‑ ing council at least once a year, and obligatory at the next meeting, should there be cases of cybersecurity breach. Recommendation number 5 boils down to raising the awareness of par‑ ents and legal guardians of the seriousness of the educational activities in the field of digital security. The school itself can not handle tasks and responsibilities. Since the majority of time students spend online at home, it is the parents who fall under the responsibility of certain control and educational activities. Unfortunately, research confirms a large deficit of their competences in the field of digital security and dominating among parents and legal guardians lack of interest in the purposes and ways ofusing the Internet services and content of the Internet by children (p. 22). Therefore the cooperation between the school and parents should be based on the awareness of the scale and seriousness of cyber security threats for the development of their children. This may be accompanied by educational support, i.e., showing parents the sources of knowledge16 as well as open communication with them (through wywiadówka – a teacher­‑parents meeting – and an e­‑journal). Recommendation number 6 takes into account the strong correlation of digital security with the quality of infrastructure. Therefore, it is necessary to: develop and implement in school practice of the digital security policy, elimina‑ tion of threats to computer networks, operating systems and other software used at school. Authors of Safe School – the threats and recommended preventive mea‑ sures for [protection of] physical and digital safety of studentsremind that digital equipment (desktops, computers, laptops, multimedia boards etc.) and school net‑ work (cabling, installed information systems or software) should be protected in accordance with the guidelines contained in the third chapter of another important document: Safe digital school. Recommendations for local governments – project implementers under the EU budget perspective 2014‑2020­ . Digital Security also promotes the use of external educational platforms, such as the Khan Academy17 or learning cloud solutions. In addition to fighting malware threats (such as viruses, spyware, Trojans etc.) at the technical level, you must install updated traffic blocking systems for filtering inappropriate,

16 You can use, for example, from the Cyfrowobezpieczni.pl project – Secure Digital School (www.cyfrowo bezpieczni.pl), the Safer Internet program: http://www.saferInternet.pl/pl/3045‑10­ ‑rad­ ‑dla­ ‑rodzicow­ ­ ‍‑dotyczacych‑bezpiecznego­ ‑korzystania­ ‑z­ ‑Internetu­ ‑przez­ ‑dzieci­ and materials prepared by the Orange Foundation: http://fundacja.orange.pl/strefa‑wiedzy/materialy­ ‑edukacyjne­ ‑dla­ ‑rodzicand­ also by NASK: http://akademia.nask.pl/baza‑wiedzy.html.­ 17 https://khanacademy.org/.

91 Studia Administracji i Bezpieczeństwa nr 5/2018 undesirable and illegal content for children and adolescents. Ensuring digital secu‑ rity and content filtering is the responsibility of the teacher (according to the new Educational Law of 14 December, 2016). But the main goal of the school digita‑ lization is to provide an open, security­‑restricted access to the Internet, which in the coming years will enable everyday use of the BYOD model during learning. However, it will require security at a higher than the basic level (op. cit., p. 24).

Conclusions

1. The guidelines and recommendations presented determine the minimum necessary measures that school heads should take in their school environments together with teachers, and parents. These indications should be treated as an obligation resulting from the new Act of 14 December 2016 – Educational Law. 2. Ensuring the digital safety of students – children and adolescents – is as important as ensuring physical and mental security. The threats to student’s safety are often mixed – for example, it begins with harassment during lesson brake, and then continues on the Internet. The weight of these problems must be understood by both teachers and school principals, as well as their leading bodies and parents. Only permanent – not incidental – collaboration of all these entities can minimize of moving children in the digital world. 3. Digital security should be one of the elements of the school’s educational and preventive program, for which the entire group of pedagogues is responsible. It should be remembered that even if a person responsible for digital security (school mentor) was selected at school, this does not absolve the responsibility for providing it to other employees of the institution. 4. The key to ensuring security in school is prevention, including the entire school community – pupils, their parents/guardians and teachers. These actions should be taken cyclically – not incidentally – throughout the year. 5. In the activities undertaken by the school for the safety of pupils, they must play an important role. Therefore, it is worth engaging students and student self­ ‍‑governments for everyday work, e.g., by entrusting the organization of events to the student self­‑government and selecting, for example, the “student leaders of digital school security”. 6. The student has contact with the digital world almost all the time outside of school: at home, in its peer environment, on the road or in public places. Ensuring digital security is therefore a challenge for parents on a par with

92 Izabela Iwanowicz, The Praxeology of Safety According...

school. The school should actively inspire parents to take control and educational activities and provide them with a minimum level of training support in this field. 7. In the activities for school safety, it is worth using good practices developed by other institutions – e.g., to ask schools from the region to present their activities, or use the materials developed by non­‑governmental organizations, public institutions and business entities. 8. A safe school is a school of competent teachers. This is why teaching staff should constantly update and deepen their knowledge about safety in the school environment, especially in the field of digital competences. This is to be achieved by the recommendation of all teachers to complete the online course18.

Bibliography 1. MEN: Bezpieczna szkoła. Zagrożenia i zalecane działania profilaktyczne w zakresie bezpieczeństwa fizycznego i cyfrowego uczniów, Warszawa, sierpień 2017. 2. NASK: Nastolatki w sieci. Wybrane wyniki badania uczniów w szkołach, Warszawa, 2016.

Legal acts 1. Ustawa z dnia 14 grudnia 2016 r. – Prawo oświatowe (Dz. U. 2017, item 59). 2. Ustawa z dnia 10 czerwca 2016 r. o działaniach antyterrorystycznych. 3. Ustawa z dnia 29 lipca 2005 r. o przeciwdziałaniu narkomanii. 4. Ustawa z dnia 6 czerwca 1997 r. – Kodeks Karny. 5. Ustawa z dnia 23 kwietnia 1964 r. – Kodeks Cywilny, as amended. 6. Ustawa z dnia 26 stycznia 1982 r. – Karta Nauczyciela, as amended. 7. Ustawa z dnia 26 października 1982 r. o postępowaniu w sprawach nieletnich. 8. Ustawa z dnia 26 października 1982 r. o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi. Webpages 1. Internet! Cyberprzemoc – https://www.youtube.com/watch?v=lRN4UbgV7k4. 2. We protect children – https://chronimydzieci.pl/. 3. Chronimy dzieci – https://chronimydzieci.pl/. 4. Cybernauci (o bezpiecznych zachowaniach w sieci) – https://cybernauci.edu.pl/.

18 The summary is not of my authorship – apart from the irrelevant amendments in this passage, I did not change anything, considering the value of synthesis and interpretation of the position of the authors of the document (for this reason I have already quoted longer fragments in the article): in their work, this is chapter III (titled Recommendations for summary, pp. 25­‑26). I will just add that the analyzed Ministry of National Education document, has a discussion on Good practices of digitalizing schools and provi‑ ding them with digital security, p. 26, which lists four schools (two primary, one middle school and one high school) as exemplary, and up to 23 people from different institutions are thanked for cooperation in the document development.

93 Studia Administracji i Bezpieczeństwa nr 5/2018

5. Digital Youth – http://www.saferInternet.pl/projekty/projekty­‑edukacyjne/digital­ ‍‑youth.html. 6. Dyżurnet.pl (punkt kontaktowy do zgłaszanianielegalnych treści) – https://dyzurnet.pl. 7. Dzień Bezpiecznego Internetu – http://www.saferInternet.pl/dbi/o‑dbi.html.­ 8. eTwinning (European school community) – http://www.etwinning.pl/czym­‑jest­‑etwinning/. 9. Fundacja Dajemy Dzieciom Siłę – http://fdds.pl/. 10. Mój pierwszy mail – http://pierwszymail.wp.pl/wid,18479456,zasady.html. 11. Myślę, więc nie ślę – http://www.saferInternet.pl/menu/kampanie­‑spoleczne/mysle­ ‍‑wiec‑nie­ ‑sle.html.­ 12. Safer Internet – http://www.saferInternet.pl/. 13. Sieciaki.pl – https://sieciaki.pl. 14. http://akademia.nask.pl/baza‑wiedzy.html.­ 15. http://fundacja.orange.pl/strefa‑wiedzy/materialy­ ‑edukacyjne­ ‑dla­ ­‑rodzicow/. 16. https://khanacademy.org/. 17. https://www.cyfrowobezpieczni.pl/aktualnosci/73‑bezpieczna­ ‑szkoła­ ‑cyfrowa­ ­ ‍‑rekomendacje‑dla­ ­‑samorzadow. 18. http://www.saferInternet.pl/pl/3045­‑10­‑rad­‑dla­‑rodzicow­‑dotyczacych­‑bezpiecznego­ ‍‑korzystania‑z­ ­‑Internetu‑przez­ ­‑dzieci. 19. http://www.saferInternet.pl/projekty/projekty‑edukacyjne/digital­ ‑youth.html.­

94 Katarzyna Samulska The Jacob of Paradies Academy in Gorzów Wielkopolski, Poland

The Safe Electronic Signature in Administrative Proceedings

Summary This article explains some of the important issue of electronic signature. Discussed are the dynamic changes in the use of electronic signature, the introduction of its various types, as well as its significance and consequences under European Union legislation and as a conse‑ quence of Polish legislation, and its current legal status and context. Various types of electronic signatures are described, with a particular emphasis on qualified electronic signatures.

Keywords: electronic signature, secure electronic signature, modern technologies, digita‑ lization, computerization

Introduction

The development of modern technologies has enforced their implementation on the administration. Computerization is understood as improvement in the quality of processes correlated with the use of technological progress and use of comput‑ ers1. Implementing the principles and means of electronic communication as tools of its computerization to the public administration has resulted in the introduction of provisions on electronic documents as an equivalent written form2. To be valid, electronic documents must be labeled with a secure electronic signature. Due to the dynamic changes in the use of the electronic signature, intro‑ duction of its various types, as well as significance and results as part of the European Union legislation and as a consequence, Polish legislation, the current legal status in this area should be further observed. This article is intended to analyze issues related to terminology regarding a secure electronic signature and its use as part of administrative proceedings.

1 P. Adamczewski, Computer Dictonary, Gliwice, 2005, p. 81. 2 B. Adamiak, Commentary to Art. 107 of the Administative Procedure Code, [in:] B. Adamiak, J. Borkowski, Commentary to the Administrative Procedure Code, Legalis, 2017. Studia Administracji i Bezpieczeństwa nr 5/2018

1. Types of electronic signatures

By virtue of the Act of 18 September 2001 on electronic signature3, the concept of electronic signature was introduced into the legal system of Poland. The Act was in force from 18 August 2002 until 7 October 20164. In Art. 3, point 1 of the Act, the definition of an electronic signature was formulated, defining it as data in electronic form, which together with other data to which they were enclosed or with which they are logically connected are used to identify the person submitting the electronic signature. The above concept of an electronic signature is often referred to as ordinary electronic signature. By formulating the definition of an electronic signature, the Polish legis‑ lation implemented Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signa‑ tures5.According to Art. 2, para. 1 of the above‑mentioned­ directives, an electronic signature means data in electronic form added to other electronic data or logically related to them and used as an authentication method. When analyzing the above definitions, one can point to a different purpose to be served by the electronic signature. The Polish legislation indicated that an elec‑ tronic signature serves to identify a person that is putting their signature. According to the EU legislation, the electronic signature is an authentication method. The Polish dictionary defines the term “authenticate” as: 1) making something credible, 2) verifying the authenticity of a document or copy, compliance with the right of some legal action, 3) providing someone with documents stating entrusting them with a dip‑ lomatic function6.

In the light of the above, it may be concluded that the notion of authenti‑ cation is a concept that is broader than identification. The Polish legislation used the concept of a person submitting an electronic signature, stating in Art. 3 of the Act, that it is a natural person who has a device

3 OJ of 2001, No. 130, item 1450. 4 The Act of 18 September 2001 on electronic signature has lost its force pursuant to Art. 141 of the Act of 5 September 2016 electronic identification and trust services for electronic transactions. OJ of 2016, item 1579. 5 Dziennik Urzędowy L 013, 19/01/2000 P. 0012-0020, http://eur­‑lex.europa.eu/legal‑content/PL/TXT/­ HTML/?uri=CELEX:31999L0093&from=PL. 6 PWN Polish Dictionary, https://sjp.pwn.pl/sjp/uwierzytelnic;2533983.html, accessed on12 February 2018.

96 Katarzyna Samulska, The Safe Electronic Signature... used to create an electronic signature, who acts on their own behalf or on behalf of a natural or legal person or an organizational unit without legal personality7. At this point, the concept of a device used to create an electronic signature should be cited, which according to Art. 5 of the Act on electronic signature, means equipment and software configured in a way that allows a copy or electronic cer‑ tificate to be deposited using data used for the signature or electronic certification8. In addition to the electronic signature called “ordinary,” the Polish legisla‑ tion has provided for a secure electronic signature in the discussed Act on electronic signature. According to Art. 2,Sec. 2 of the above­‑mentioned Act, a secure elec‑ tronic signature is such an electronic signature, that: a) is assigned exclusively to the person submitting the signature, b) is prepared by means of electronic signature equipment and electronic signature data for the exclusive control of the person sub‑ mitting the electronic signature, c) is linked to data to which it has been attached in such a way that any subsequent change of this data is recognizable. Art. 5, Sec. 1 of the Act on the electronic signature formulates a concept of a secure electronic signature verified using a qualified certificate. A qualified certificate is understood as a certificate that meets the needs set forth in the article, issued by a qualified subject providing certification services, which meets the requirements provided for in the act.9. Putting a secure electronic signature on data verified by means of a valid qualified certificate is equivalent in terms of legal effects to documents bearing handwritten signatures10. Article 6 of the discussed legal regulation additionally specifies that a secure electronic signature verified by means of a valid qualified certificate is evidence that it has been submitted by a person specified in this certificate as sub‑ mitting an electronic signature. This will not apply if the period of validity of the certificate expires or since the date of its cancellation and during the suspension period, unless it is proven that the signature was submitted before the expiry of the certificate or before its annulment or suspension. The necessary condition for recognizing the correctness of a complex secure signature is to use secure devices and data subject to exclusive control of the person who submits the electronic signature.

7 The EU legislatotion in Art. 4 of Directive 1999/93/EC clarified that the person putting an electronic signature is a person possessing a device used to put a signature and acting on their own behalf or on behalf of natural or legal persons or another entity which they represent. Therefore, the EU did not limit this concept only to natural persons, thus limiting the group of electronic signatures to natural persons, as the Polish legislation did. 8 Article 6 of Directive 199/93/EC provides that a device used to create an electronic signature means configured software or hardware used to implement data support for the electronic signature. 9 Article 3 sec.12 of the Act on electronic signature. 10 Article 5, Sec. 2 of the Act on electronic signature.

97 Studia Administracji i Bezpieczeństwa nr 5/2018

It is worth emphasizing that the already mentioned Directive No. 199/93/ EC also introduced the concept of an advanced electronic signature. An advanced electronic signature means an electronic signature that meets the following requirements: a) it is assigned only to the signatory; b) it enables identification of the signatory; (c) it is created by means which the signatory may have under exclusive control; (d) it is linked to the data to which it relates in such a way that any subsequent change in the data is detectable. In force from 1 July 2016 is Regulation (EU) No. 910/2014 of the Euro‑ pean Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, called eIDAS and repealing Directive 1999/93/EC11. This new regulation introduced common legal and technical standards on the single digital market of the European Union. It applies directly in all EU Member States. The Polish legislature, with a view to applying the above mentioned eIDAS regulation, has passed the Act of 5 September 2016 on trust services and electronic identification12. By virtue of this act, the law on electronic signature has been repealed. This act redefined the existing secure electronic signature veri‑ fied by means of a valid qualified certificate as a qualified electronic signature13 understood as an “advanced electronic signature, which is submitted by means of a qualified device for submitting an electronic signature and which is based on a qualified electronic signature certificate”14.

11 EU Journal of Laws 257, of 28.08.2014. 12 OJ of 2016, item 1579. 13 Art. 3, Sec. 12 of the eIDAS regulation. 14 Art. 3, Sec. 15 of the eIDAS Regulation states that a qualified electronic signature certificate “means an electronic signature certificate that is issued by a qualified trust service provider and meets the require‑ ments set out in Annex I; Eligible certificates for electronic signatures contain the following information: a) indicating – at least in the form allowing for automatic processing – that the given certificate was issued as a qualified electronic signature certificate; b) a set of data unambiguously representing a qualified trust service provider that issues qualified cer‑ tificates, including at least the Member State where the supplier is established, and – in reference to a legal person: the name and, if applicable, the registration number in accordance with the official register, in reference to a natural person: name and surname of that person; c) at least the name of the signatory or his or her pseudonym; if a pseudonym is used, this fact is clearly indicated; d) data used to validate the electronic signature, which correspond to the data used for the electronic signature; e) data regarding the beginning and end of the certificate’s validity period; f) the certificate’s identification code, which must be unique for the qualified trust service provider; g) an advanced electronic signature or an advanced electronic seal of the issuer of the qualified trust service provider; h) place where a certificate attached to an advanced electronic signature or an advanced electronic seal referred to in point (g) is available free of charge;

98 Katarzyna Samulska, The Safe Electronic Signature...

According to Art. 131 of the Act on trust services and electronic identification, a secure electronic signature verified by means of a valid qualified certificate within the meaning of the Act of 18 September 2001 on electronic signature is a qualified electronic signature. Qualified electronic signature in accordance with Art. 25, Sec. 2 and 3 of the eIDAS regulation have a legal effect equivalent of a handwritten signature and if issued in one Member State, it is also recognized in the other Member States. In connection with the above, public administration authorities in Poland, from July 2016 on, are obliged to recognize qualified elec‑ tronic signatures issued by other member countries. It should be emphasized that certificates issued before the entry into force of the eIDAS regulation remain valid. Every electronic signature created after 1 July 2016 with the use of the same devices and software that were used to cre‑ ate secure electronic signatures in accordance with the Polish act of 18 September 2001 on electronic signature and verified – using a qualified electronic signature certificate issued after 1 July 2016 under new provisions (eIDAS) – or by means of a qualified certificate issued before 1 July 2016 under the then applicable Polish law on electronic signature has the status of a qualified electronic signature under the new regulations (eIDAS) and has a legal effect equivalent of a handwritten sig‑ nature, i.e., the same legal effect of a secure electronic signature verified by means of a qualified certificate within the meaning of the Polish Act on electronic signature. However, due to low public interest the use of secure electronic signatures (currently qualified), the Polish legislatitive has also introduced other institutions allowing the authentication of users of the ICT system. According to Art. 20a, para. 1 of the Act of February 17, 2005 on com‑ puterization of the activities of entities performing public tasks15, authentication of users of the ICT system using online services provided by entities specified in Art. 2 – among others, government administration bodies, state control and law enforcement bodies, courts, prosecution organizational units, as well as local gov‑ ernment entities and their bodies, requires: data verified by means of a qualified electronic signature certificate or an ePUAP trusted profile. From September 29, 2018 on, an alternative will also be the use of the notified electronic identification means, adequately to the level of security required for services provided under these systems. A public entity that uses public teleinformation systems to perform

i) a place of services that may be used to submit a request for the validity status of a qualified certificate; j) in the case where data used to create an electronic signature associated with the data used to vali‑ date the electronic signature are located in a device qualified for submitting an electronic signature, an appropriate indication of this fact at least in a form allowing automatic processing. 15 I.e., OJ of 2017, item 570.

99 Studia Administracji i Bezpieczeństwa nr 5/2018 public tasks may allow users identification in this system through the use of other technologies, unless separate provisions provide for the obligation to perform activities at the premises of a public entity16. It should be clarified that ePUAP is an electronic platform for public administration services17. According to Art. 3, Sec. 15 of the Act of February 17, 2005 on computerization of entities performing public tasks18, a signature confirmed by the ePUAP trusted profile is: an electronic signature submitted by the user of the ePUAP account, to which the identification information contained in the ePUAP trusted profile has been attached, as well as: a) an unambiguously indicating trusted ePUAP profile of the person who submitted the signature, b) containing the time at which the signature was submitted, c) niquely identifying the ePUAP account of the person who submitted the signature, d) ePUAP account authorized by the user, e) stamped and protected with an electronic seal used in ePUAP to ensure integrity and authenticity of operations performed by the ePUAP system. The legal effects of the signature confirmed by the ePUAP trusted profile are regulated by Art. 20b Computerization: A signature confirmed by the ePUAP trusted profile has legal effects if it was created or submitted during the period of validity of this profile (par. 1). Data in electronic form bearing a signature con‑ firmed by the ePUAP trusted profile are equivalent in terms of legal consequences to a document bearing a handwritten signature, unless the separate provisions provide otherwise (par. 2). The validity and effectiveness of a signature confirmed by the ePUAP trusted profile cannot be denied only on the grounds that it exists in electronic form or that other data than those used to confirm the trusted profile have been changed (par. 3). The signature confirmed by the ePUAP trusted profile is to constitute an alternative to a qualified electronic signature due to the fact that it is free of charge as opposed to the latter type of signature.

2. Safe electronic signature in administrative proceedings

Administrative proceedings regulated in the Act of 14 June 1960 of the Administrative Procedure Code19 provides for the possibility of submission and delivery of elec‑

16 Art. 20 a, para. 2 of the Act on computerization of activities of entities performing public tasks. 17 Regulation of the Minister of Digitization of 5 October 2016 on the trusted profile of an electronic plat‑ form for public administration services (OJ of 2016, item 1633) specifies the terms and conditions for confirming, extending validity, use and revocation of the trusted electronic platform for public admini‑ stration services. 18 I.e., OJ of 2017, item 570. 19 I.e., OJ of 2017 item 1257, as amended.

100 Katarzyna Samulska, The Safe Electronic Signature... tronic documents in administration and through administration, and provides for the possibility of communication by electronic means. An electronic document within the meaning of the act on computerization of entities performing public tasks is a separate set of data, arranged in a specific internal structure and stored on an IT data carrier20. When analyzing the provisions of the Administrative Procedure Code, it should be pointed out that cases in administrative proceedings can be dealt with in addition to the classical form – written – also in the form of an electronic document21, delivered by electronic means of communication22. The means of electronic communi‑ cation may be used only if the party demands it or explicitly agrees in response to the offer made by the authority23. Therefore, the party to the administrative proceedings obtained the right to submit the application, request, explanation, appeal, complaint, by e­‑mail. The date of initiation of proceedings at the request of the party brought electronically is the day the request is entered into the ICT system of the public admin‑ istration authority24. According to Art. 63, para. 3a, the Administrative Procedure Code states that the application submitted in the form of an electronic document should: 1) bear a qualified electronic signature or signature confirmed by an ePUAP trusted profile, or authenticated in a way that ensures the ability to con‑ firm the origin and integrity of the verified data in electronic form; 2) contain data in a fixed format, included in the application template specified in separate regulations, if these provisions require applica‑ tions to be submitted in accordance with a specific pattern; 3) include the electronic address of the applicant.

The Voivodeship Administrative Court in Warsaw, in its decision of 25 June 2015, considered that the e‑mail­ did not meet the requirements of a procedural document in administrative proceedings, if it was not signed in the form accepted by the provi‑ sions of the Administrative Procedure Code. The application submitted in the form of an electronic document should be authenticated using mechanisms specified in Art. 20a, para. 1 or 2 of the Act of February 17, 2005 on computerization of activities of entities performing public tasks25.

20 Article 3, Sec. 2 of the Act on computerization of activities of entities performing public tasks (i.e., OJ of 2017, item 570). 21 According to Art. 3, Sec. 2 of the Act of February 17, 2005 on computerization of activities of entities performing public tasks (i.e., OJ of 2017, item 570) an electronic document constituting a separate semantic whole, a set of data arranged in a specific internal structure and stored on an IT data carrier. 22 Article 14, para. 1 of the Act of 14 June 1960 of the Administrative Procedure Code. 23 B. Adamiak, Commentary to Art. 39 (1) of the Administrative Procedure Code, [in:] B. Adamiak, J. Borkowski, Administratice Procedure Code. Commentary, 2017, Lex. 24 Art. 61, para. 3 a of the Administrative Procedure Code. 25 Decision of the Voivodeship Administrative Court in Warsaw of 25/06/2015, II SAB/Wa 326/15, Legalis.

101 Studia Administracji i Bezpieczeństwa nr 5/2018

In the administrative procedure, the form of an electronic document with a qualified electronic signature or a signature confirmed by a trusted profile may also take the form of a power of attorney26. If a copy of the power of attorney or copies of other documents showing authorization have been drawn up in the form of an electronic document, they are authenticated by supplementing the docu‑ ment with copies bearing a qualified electronic signature or a signature confirmed by the ePUAP trusted profile. At this point, it is worth noting the judgment of the Voivodeship Admin‑ istrative Court in Szczecin of 1 February 201227 in which the court ruled that if the power of attorney sent by email (the proxy sent a scan of the power of attorney) in performing the obligation to remove the lack of a formal appeal by attaching the power of attorney, was considered inappropriate by the authority – the party shall be notified of this fact and called to sign the appeal or call the attorney to submission of a proper power of attorney. Failure to do so by the appeal body constitutes an infringement expressed in Art. 9 of the Administrative Procedure Code of the prin‑ ciples of duly and fully informing the parties on the factual and legal circumstances that may affect determination of their rights and obligations being the subject of investigation. In the course of administrative proceedings, a public administration body also has the right and obligation to use legal institutions requiring a secure electronic signature. This signature can be used both in activities and documents directed outside the public administration body – to the party to proceedings or other participants of the proceedings, but also as part of the documentation of the body’s activities. As part of the activities of the public administration body addressed to the officially non‑subordinate­ entities, authorities may call for par‑ ticipation in the activities undertaken and to provide explanations, among others in the form of an electronic document. Such a request should be accompanied by a qualified electronic signature of the employee of the requesting authority28. The authority also has the right to certify compliance with the original document made in the form of an electronic document. It does so by using a quali‑ fied electronic signature or signature confirmed by an ePUAP trusted profile29. Copies of files of the case given to the body of higher instance in the event of a reminder being lodged by the party may be made in the form of an electronic

26 Art. 33, Sec. 2 and 2a of the Administrative Procedure Code. 27 Judgment of the Voivodeship Administrative Court in Szczecin of 1.02.2012, reference No. SA/Sz 1223/11, Legalis. 28 Art. 54 of the Administrative Procedure Code. 29 Art. 76 a, para. 2 a of the Administrative Procedure Code.

102 Katarzyna Samulska, The Safe Electronic Signature... document30. The body conducting the proceedings is obliged to forward the body of higher instance without undue delay, no later than within seven days of its receipt. In the course of the proceedings, in order to consolidate the activities carried out, the public administration body may make annotations in the form of an electronic document31. It is important to give the form of an electronic document to individual administrative acts issued in the course of administrative proceedings – that is, the provisions and at the end of the case – administrative decisions. Both the administrative decision and the order issued in the form of an electronic document shall still contain the same elements as the decision or the written order, and to ensure authenticity of this act they must be accompanied by a qualified electronic signature32. The direction of changes is clear and unambiguous – as a result, there was a constant to strengthen requirements regarding the form of a written admin‑ istrative decision, which fully applies to electronic documents, the use of which also falls within the general rule formulated in Art. 14,para. 1. The decision, as well as the provisions, shall be delivered to the parties in writing or by electronic means of communication. The legislation has adopted two equivalent ways of communicating the will of the body externalized in the administrative decision (omitting verbal announcement of the decision).These methods are delivery in paper form and delivery of an electronic document, which is a decision, with the help of electronic means of communication. Each of these methods leads to an effective delivery of a decision, that is, after which the party has the opportunity to become acquainted with the content of the administrative decision33. However, it follows from the jurisprudence of administrative courts that even if a party makes a request for delivery of a decision in the form of an electronic document, this does not justify accepting that only in this form will the delivery of the decision be allowed. In a situation where the authority does not have technical capabilities to address the party’s task in this regard, the delivery of the decision by post will be a legally justified way of delivering the decision of the authority34. The legislation also provided for the form of an electronic document to prepare a settlement concluded in the course of the administrative proceed‑ ings. The settlement prepared in this form requires a qualified electronic signature

30 Art. 37, Sec. 4 of the Administrative Procedure Code. 31 Art. 72 of the Administrative Procedure Code. 32 Art. 107, para. 1, sec. 8 of the Administrative Procedure Code and Art. 124, para. 1 of the Administrative Procedure Code. 33 Judgment of the Voivodeship Administrative Court in Wrocław of 18/09/2013, reference No. Act II Sa/ Wr 420/13, Legalis. 34 Judgment of the Supreme Administrative Court of Poland of 06.06.2014, reference No. II SK 2297/13, Legalis.

103 Studia Administracji i Bezpieczeństwa nr 5/2018 of the parties and an authorized employee of the public administration body35. For a guarantee that settlement elements will not be included in the settlement with‑ out the will of the parties, it is required to read the drafted content of the settlement, unless the settlement has been prepared in the form of an electronic document. In this case, the parties should familiarize themselves with the content of the settlement made to protect their legal interests36. Computerization of administration introduced the possibility of issuing certificates in the form of an electronic document. The certificate, as an official confirmation of facts or legal status, takes the form of an official document drawn up in a specific form by an authorized entity37. The certificate shall be issued in the form of an electronic document with a qualified electronic signature, if requested by the person applying for the certificate38. The certificate may be issued in the form of an electronic document only at the request of the person who applies for it. From the provision of Art. 217, para. 4 of the Administrative Procedure Code, it follows that the basic form remains a written document, and the choice of electronic form belongs only to the person who requests the issuing of a certificate and at the same time determines his/her desired specific written form. The certificate in the form of an electronic document must be accompanied by a qualified electronic signature ensuring the credibility of the document and individualizing the signatory. Certificate on tacit settlement of the matter referred to in Art. 122f of the Administrative Procedure Code can also be issued in the form of an electronic document, as provisions of Art. 217, para. 4 of the Administrative Procedure Code apply39. The literature also allows the possibility of obtaining an electronic certificate stored on an IT data carrier40. The certificate issued in the form of an electronic document may be used – as an official document – only in electronic trading. The printout of the electronic cer‑ tificate will only constitute a copy of this document41. In a judgment of 7 September 2015, the National Appeal Chamber accepted that a certificate issued in electronic form bearing a secure electronic signature by a person indicated by name and surname in the certificate, verifiable using a signature

35 Art. 117 of the Administrative Procedure Code. 36 B. Adamiak, Commentary to Art. 117 of the Administrative Procedure Code, op. cit. 37 K. Celińska­‑Grzegorczyk, “Commentary to Art. 217 of the Administrative Procedure Code,” inAdmini‑ strative Procedure Code, edited by R. Hauser, M. Wierzbowski, Warszawa, 2017, Legalis. 38 Art. 217, para. 4 of the Administrative Procedure Code. 39 S. Gajewski, Kodeks postępowania administracyjnego. Nowe instytucje. Commentary to chapters 5a, 8a, 14 and sections IV and VIII a of the Administrative Procedure Code, 2017, Legalis. 40 R. Kędziora, Commentary to Art. 217 of the Administrative Procedure Code, [in:] Administrative Proce‑ dure Code. Commentary. 2017, Legalis. 41 Ibidem.

104 Katarzyna Samulska, The Safe Electronic Signature... verification software, is issued in accordance with the procedure provided for in the act(Art. 217,para. 4 of the Administrative Procedure Code), in the form equivalent to the written form (in accordance with Art. 14 of the Administrative Procedure Code). Thus, it is an official document, drawn up in the prescribed form by the state authorities appointed for this purpose in their scope of operation and constitutes evidence of what has been officially identified in it (Art. 76, para. 1 of the Admin‑ istrative Procedure Code). In the opinion of the Chamber, it has no impact on the assessment of a document issued in electronic form equated with the written form and its later printing, which actually constitutes the materialization of an electronic document for submission in a public procurement procedure. Until the printing of such a document, it remains only in electronic circulation, and its printing does not affect the change in form in which it was drafted, and thus its effectiveness42.

Conclusion

Changes in regulations regarding the secure electronic signature in administrative proceedings are aimed to build trust to the online environment among citizens. Computerization of administrative proceedings has become a fact. Building trust to electronic services is also aimed to increase implemen‑ tation of new services provided by the administration in this form. Making the administration more effective, more efficient, more flexible, and faster. Modern methods of managing administration and satisfying the needs of citizens are to bring a metamorphosis of its organizational structure, increase the quality of ser‑ vices provided, and guarantee reliable operation of bodies in which highly qualified staff is employed43. The adopted legislative solutions are aimed at increasing trust in electronic transactions not only within services provided in Poland but also within services provided in other European Union countries by ensuring a common basis for safe electronic interactions between citizens, enterprises, and public authorities.

Bibliography 1. Adamczewski, P., Computer Dictonary, Gliwice, 2005. 2. Adamiak B., Commentary to Art. 107 of the Administrative Procedure Code, [in:] B. Ada‑ miak, J. Borkowski, Commentary to the Administrative Procedure Code. Legalis, 2017.

42 Judgment of the National Appeal Chamber of 7.09.2015, National Appeal Chamber 1860/15, No. 131620, Legalis. 43 See also A. Haręża, Introduction to the electronic problems of public administration, „Kwartalnik Naukowy Prawo Mediów Elektronicznych” 2011, No. 1, pp. 26­‑33.

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3. Cegielska‑Grzegorczyk,­ Commentary to Art. 217 of the Administrative Proce‑ dure Code, in Administrative Procedure Code, ed. R. Hauser, M. Wierzbowski, Warszawa 2017, Legalis. 4. Gajewski S., Administrative Procedure Code. New Institution. Commentary to chap‑ ters 5a, 8a, 14 and sections IV and VII a of the AdministrativeProcedure Code, Warszawa, 2017, Legalis. 5. Horęża A., Introduction to the electronic problems of public administration, „Kwartalnik Naukowy Prawo Mediów Elektronicznych” 2011, No. 1. 6. Kędziora R., Commentary to Art. 217 of the Administrative Procedure Code, [in:] Administrative Procedure Code, Commentary, Legalis, 2017.

106 Mariusz Macudziński The Jacob of Paradies Academy in Gorzów Wielkopolski, Poland

The Standard Audit File for Tax (SAF‑T): An IT Tool for Tax System Tightening

Summary This publication presents the current legal status in the area of using one of many IT tools in the tax system, namely the Single Audit File (SAF‑T).It contains historical con‑ ditions of SAF‑T introduction and some methods of tax evasion which should be eliminated with the help of this IT tool.The SAF‑T­ standards, technical requirements, characteristics and, consequently, the key role that it currently plays in the Polish tax system, have been assessed in detail.The penal and fiscal liability for non­‑compliance with reporting obliga‑ tions regarding this form of tax reporting has not been omitted.

Keywords: law, tax law, tax system, tax system tightening, tax audit, information technology

Introduction

The Polish tax system is based on sixteen tax titles which constitute its material part. They are a source of income for the state budget and for regional and local self­‑goverment. There is not any comment required concerning the importance of supplying these budgets with tax revenues. On the state budget revenue scale, taxes account for almost 90 percent of total revenues, which clearly highlights the most important tax function, which is the fiscal function. This function is seen very clearly in the context of both tax rates and the amount of budget inflows. An example could be tax revenues in relation to budget revenues in total in 2017. Total revenues in 2017 amounted to PLN 350.5 billion. Tax revenues amounted to PLN 315.31 billion, which is 89.96 percent of total budget revenues. Revenue from indirect taxes amounted to PLN 226.7 billion, including goods and services tax (hereinafter VAT) – PLN 157 billion. It follows that if there were no taxes, there would be no state. The fiscal function of taxes is the most important one, because taxes are the main source Studia Administracji i Bezpieczeństwa nr 5/2018 of public revenues. However, it cannot be independent of the fundamental prin‑ ciples of creating tax law. Building a tax system is a long­‑term and very responsible process. In particular, with taking into account the relation between a balanced public interest and the private interest of entities obliged to pay taxes. Nevertheless, the invoked public interest is the basis for the tax­‑legal relations between tax entities. These relations are essentially based on a certain subordination of taxpayers to the requirements of this law, at the statutory and constitutional level. Tax collection also involves the so­‑called “tax system tightening”. It has integrated with our current economic and legal reality. Caring for the financial security of the state and, consequently, increasing budget revenues is an obvious duty of every authority, derived without difficulty directly from the provisions of the Constitution of the Republic of Poland. In order to increase budget revenues without increasing tax rates, it is necessary to take actions in the area of law­‑making, managing the tax administra‑ tion, and even make some steps regarding the political system. The initiating of the tax system tightening process should be based on a good action plan. First of all, it should start with tax legislation, because there is possible to achieve the fastest fiscal effects. The most revolutionary changes are primarily made in the area of consumption taxation, namely VAT, because it is this tax that brings the largest revenue to the state budget. On the other hand, it is the most often used tax in tax fraud and, therefore VAT becomes a new source of criminal activity. The proposed solutions should aim to ensure greater stability of inflows from this tax, but also to prevent the avoidance of its payment, which, as a consequence, will ensure greater tax security, certainty of running a business and maintaining a level playing field. Counteracting VAT fraud, in the legislative dimension, was mainly about the introduction of many mechanisms, including reverse charge on certain types of goods, the joint and several liability of the buyer for the tax arrears of the entity supplying specified, sensitive goods. However, these mechanisms have proved insufficient to minimize and, consequently, to eliminate the gap in VAT. There is a need of further system solutions that can support activities which counteract nega‑ tive phenomena in the economic behavior sphere, such as tax evasion. One of such new solutions, intended by the legislation to help tighten the tax system, as well as to ensure the safety of economic circulation at the entrepreneur’s level, has been the reporting obligation of VAT taxpayers that has existed since July 2016 and is about reporting data from registers in the form of Standard Audit File for Tax (SAF­‑T).This mechanism, as a set of information

108 Mariusz Macudziński, The Standard Audit File fot Tax... about economic operations of the entrepreneur for a given period, is considered to be one of the solutions aimed at counteracting fraud and tax evasion, which, as a consequence, is supposed to eliminate the occurrence of the so­‑called “empty invoices”1 on the market. It is also intended to hinder and then prevent the occurrence of fraud and it should ensure better transparency of VAT settlements. The introduction of reporting under SAF‑T­ is not limited solely to VAT, because SAF­‑T is used for other tools for documenting economic events (eg. books, records, bank statements, inventory). Nevertheless, it is one of the largest tax system revolutions in the field of VAT.Thus, how in the current state the SAF‑T­ contributed to the tax tightening, and how and what has been an incentive to its introduction, is the subject of this study.

1. Tax evasion methods

As adopted in the doctrine and jurisprudence, “resistance” to taxes, or more broadly, in relation to tax law, may take various attitudes or forms of behavior that are aimed at the so‑called­ tax savings. They are treated as methods of “resistance” against taxes. These include: –– tax saving-refraining from activities that may be subject to taxation without any negative consequences for the subject of tax law and, with this, completely legal action; –– tax planning-maximizing tax exemptions and incentives aimed at reducing the tax liability or making it non‑existent;­ –– the ostensible nature of a legal act–factual circumstances under which another activity may be hidden; the sides of a sham legal action shape the legal relationship so that a goal, that is prohibited by law, is achieved; –– tax avoidance-operations performed primarily in order to achieve a tax advantage which is contrary to the circumstances with the subject and purpose of a tax act, do not result in a tax advantage if the method of operation was artificial; –– tax evasion–it is deliberate non­‑compliance with the provisions of the tax law, i.e., contra legem.

However, it should be agreed that both avoidance and evasion of taxation, by its own meaning, cause pejorative feelings and at the same time could fully deserve inclusion in the collection of “escape from tax” or broadly understood “bypassing

1 There is more information about empty invoices in the rest of the publication.

109 Studia Administracji i Bezpieczeństwa nr 5/2018 tax law.” However, in no explicit way on the basis of tax law, it was impossible to determine the boundary between avoiding and evading taxes, if only because of the lack of a definition of these concepts in this branch of law2. The definition of tax avoidance appeared in the tax law regulations at the time of entry into the Act of 29 August 1997 – Tax Ordinance3, new Section IIIa – Counteracting Tax Avoidance4. The established methods of resistance against tax should be supple‑ mented with a very dangerous method/tool of unsealing the tax system, namely the so­‑called “empty invoices” (fictitious invoices).The term of “empty invoice” refers to the situation in which the taxpayer issues a VAT invoice, which does not reflect the actual situation. This will happen when the taxpayer proves in the invoice the delivery of goods or the provision of services which in fact never existed (they were never carried out at all). Therefore, it is the invoice that does not reflect the actual course of economic events. Despite the fact that the tax shown on the invoice will be recorded by the buyer, included in the declaration and paid, the tax authority, which discloses this type of irregularity in the economic sphere, will correct the submitted settlement. The basis for the operation of the tax authority will be the provision of Art. 108, para. 1 of the VAT Act. The scope of normalization of this provision, by adopting regulations coincident with European law, described as an independent basis for payment of tax from the very fact of issuing an invoice in which VAT was demon‑ strated. The obligation to pay tax is independent of whether a taxable activity has been carried out or no action has been taken, namely that the regulation will apply: –– when the activity covered by the invoice is not covered by the tax obligation or was exempt from tax, and as well; –– when the activity shown in the invoice was not carried out at all.

As it results from the above – issuing an “empty invoice” will result in the obligation to pay VAT, which has been shown in it. The established case law of administrative courts indicates that the obli‑ gation to pay tax arises regardless of the taxpayer’s behavior (i.e., conscious or in error) and regardless of the situation where issuing an invoice with the amount of tax shown in it is not related to the performance of activities (actual or fictitious) being subject to tax. Therefore, it should be concluded that “an empty (fictitious) invoice” does not document a taxed activity, but it does contain false entries that

2 M. Mariusz, Obejście prawa podatkowego – losy regulacji zarys przyszłej koncepcji, [in:] Obrót powszech‑ ny i gospodarczy – problemy prawnopodatkowe. Monografia,ed. I. Remus, Warsaw 2014, p. 4 et seq. 3 „Journal of Laws” 2017, item 201, as amended. 4 I.e., „Journal of Laws” 2015, item 613, as amended.

110 Mariusz Macudziński, The Standard Audit File fot Tax... indicate its performance. The obligation to pay the amount of tax indicated in the issued invoice (blank invoice) arises by law, on the date of its introduction to trad‑ ing. Consequently, it should be recognized that this obligation results directly from the presentation of tax in the invoice document (see for example the judgment of the Voivodeship Administrative Court in Olsztyn from 31 July 2014, file reference No. I SA/OI 487/14, and the judgment of the Supreme Administrative Court in Warsaw from 13 January 2002, file reference No.I FSK 506/11)5. At this point, the key question seems to be: what kind of savings does the buyer (recipient) want to achieve with an empty invoice? Well, the phenomenon of issuing “empty invoices” is primarily used to reduce the tax due for tax charged to the “contractor” of the taxpayer issuing such an invoice. It should be added that they accomplishes this unjustifiably. Acting together and in agreement, the entities of such a fictitious transaction must assume that their operation will not be disclosed. “Empty invoice” does not give the right to deduct the tax shown in it, because these issues are regulated by Art. 88, para. 3a, point 4, lett. a of the VAT Act. Thus, the „contractor” of the taxpayer who accepts the “empty invoice” in the settlement has no right to deduct the tax due for the input tax resulting from such invoice. A taxpayer who issues “empty invoices” with such behavior may expose themselves to liability under the provisions of the Tax Penal Code. In addition, this responsibility will also apply to the “contractor” of such a taxpayer. Moreover, empty invoices also serve a very negative phenomenon occurring in the economic space, namely extortion of undue VAT refund. This is one of the most up­‑to­‑date problems when it comes to abuse in the application of the provisions of the VAT Act, it is directly qualified for tax fraud. Therefore, it is necessary to counteract effective “barriers” (tools) in the tax system, which undoubtedly include reporting in the form of SAF‑T.­

2. Historical conditions and reasons for introducing SAF­‑T

The idea of introducing SAF­‑T into the Polish tax system appeared in 2014, while its electronic implementation was scheduled for 1 January 2016, as a tool not so much spontaneous, but rather intended to support traditional controls of the tax system. The variety of VAT registration techniques applied by VAT payers was problematic for the popularization of the SAF‑T­ system, because the VAT Act did not impose an obligation to keep records in one standardized form. At the same

5 Brodziak P., Pojęcie „pustej” faktury, https://www.pkfpolska.pl/pojecie‑%E2%80%9Epustej% E2%80%9D-faktury‑2752 [access: 7.07.2018].

111 Studia Administracji i Bezpieczeństwa nr 5/2018 time, the so­‑called non­‑editable form of the record, the comparative analysis was not impossible, it was, however, highly difficult. The introduction of the SAF­‑T format in 2016 was slightly different from the original assumption, as it did not provide for the indication of the Tax Identi‑ fication Number of the invoice issuer (seller). And this, from the point of view of identifying entities of transactions, is of key importance for the entire reporting system in the structure of SAF­‑T. The original version did not allow an automatic comparison of the seller and the buyer of the transaction, which could still be conductive to the sales of invoices that do not confirm the actual economic trans‑ actions. The current SAF‑T­ structure allows to identify and compare economic events as part of transactions made between VAT taxpayers. In connection with the above­‑mentioned dangerous and illegal behavior of tax law entities, the purpose of introducing SAF­‑T was and is obvious, because it was strongly focused on fighting fraud in the tax sphere. Its overriding is also to enable efficient and effective control by automating it, eliminating paper print‑ outs and non‑editable­ files. As a consequence, this will reduce the number of tax inspections and customs and tax controls, and ultimately contribute to a reduction in the costs of the tax administration itself and the tax collection process. SAF‑T­ is used to make the tax system more tight and tax revenues sup‑ ply the state budget in a greater extent than hitherto. Thus, it is supposed to be an effective tool to prevent tax evasion and VAT fraud. It will be easier to check whether the taxpayer’s data, which deducts VAT, agree with what seller has shown in his/her/its records, issuing a VAT invoice, i.e., electronic cross‑checks.­ Therefore, the currently used SAF‑T­ is one of the instruments by which it is possible to fight fraud in this area, by computerizing and automating checking activities, allowing for quick linking of transactions documented in invoices and included in the registers of the issuer and buyer. It is also a tool for searching for “empty invoices” and their elimination from legal transactions by the organs of the National Tax Administration.

3. Legal basis, logical structure, scope of data, and methods of sending SAF‑T­ files

The legal basis for the application of this tax law tool is the Act of 10 September 2015 amending the Tax Ordinance Act and certain other acts.6 According to the

6 „Journal of Laws” 2015, item 1649.

112 Mariusz Macudziński, The Standard Audit File fot Tax... wording of Art. 193a, paras. 1 and 2, it was specified that in the case of keeping tax books using computer programs, the tax authority may demand the transfer of all or part of these books and accounting documents with the use of means of electronic communication or IT data storage media, in electronic form correspond‑ ing to the logical structure, indicating the type of tax books and the period they concern. The established logical structure of the electronic form of tax books and accounting documents, including the possibility of its creating from IT programs commonly used by entrepreneurs and automatic data analysis, is available in the Public Information Bulletin on the website of the office servicing the minister responsible for public finances. The Act of 13 May 2016 amending the Tax Ordinance Act and certain other acts7 introduced further obligations in the area of electronic reporting. Based on Art. 82, para. 1b of the Act, legal persons, organizational units without legal personality and natural persons keeping tax books with the use of computer programs are obliged, without being called by the tax authority, to provide, by means of electronic communication, to the minister in charge of public finances, information about the records kept, about which is Art. 109, para. 3 of the Act of 11 March2004 on the tax on goods and services, in electronic form corresponding to the logical structure, of which is provided for in Art. 193a, para. 2 of the Act, on the rules regarding the transmission of tax books or their parts specified in the regulations issued on the basis of Art. 193a, para. 3 of the Act, for monthly periods by the 25th day of the month following each subsequent month, indicating the month to which the information relates. The minister responsible for public finance specified, by way of a regu‑ lation, the manner of sending tax books, parts of these books and accounting documents in electronic form and technical requirements for IT data storage media on which the books, parts of these books and accounting documents may be recorded and transmitted, taking into account the need to ensure the security, reliability and non­‑repudiation of data contained in the books and the need to protect them against unauthorized access8. The logical structure of the file in the form of electronic tax books and accounting documents determined by the Minister of Finance can be divided into two structures, namely, reflecting tax books and reflecting accounting documents. The structures concerning accounting books include:

7 „Journal of Laws” 2016, item 846. 8 Minister of Finance Regulation of 24 June 2016 on the method of sending tax books by means of elec‑ tronic communication and technical requirements for IT data storage media on which these books can be recorded and transferred (Journal of Laws 2016, item 932, as amended).

113 Studia Administracji i Bezpieczeństwa nr 5/2018

–– JPK_KR (SAF­‑T with data from account books) –electronic record of transactions making up the image of the accounting books for a given period (file submitted on demand); –– JPK_ PKPIR (SAF‑T­ with data from the tax revenue and expense led‑ ger) – electronic record of transactions making up the image of the tax revenue and expense ledger in income tax on general terms and using linear taxation (file submitted on demand); –– JPK_EWP (SAF‑T­ with data from the income register) – electronic record of transactions making up the image of revenue in an advanced corporation tax (file submitted on demand); –– JPK_VAT (SAF­‑T with data from the VAT purchase and sale records) – electronic record of transactions making up the image of records kept for VAT purposes; this file is always submitted on a monthly basis, regardless of whether the submitted declaration is quarterly or monthly. This file in the current legal status is the only one that is sent without a call to the 25th day of the month following the month it concerns.

The structures reflecting accounting documents include: –– JPK_FA (SAF‑T­ with details of VAT invoices) – which is a reflection of sales invoices included in the books or issued in a given billing period, as an electronic invoice image showing all information con‑ tained in the original document (file submitted on demand); –– JPK_WB(SAF­‑T with data from bank statements) – file reflecting a bank statement for a given period showing all banking transactions recorded on a bank account held by a tax payer in the IBAN system; as in the case of JPK_FA (SAF­‑T with details of VAT invoices), it must be prepared in the original currency for a given bank account (file submitted on demand); –– JPK_MAG (SAF‑T­ with data from warehouses) – another file sent at the request of the tax authority, containing warehouse documents included in the warehouse records for a given period.

The Minister of Finance strictly defined the design and logical scope of the structures and what data should be included in them. They are divided into three parts, including the headline, which provides data enabling identification of the taxpayer (company, VAT ID, address), the date of its creation and the period it covers and the purpose of its submission (submission or correction), then the

114 Mariusz Macudziński, The Standard Audit File fot Tax... theoretical part in which information is provided, about economic events that occurred in a given period and from the control part containing items summarizing the values shown in the theoretical part, usually in terms of quantity and amount. These are the basic requirements for creating SAF‑T­ files that are created in the XML Schema9. However, it should be borne in mind that the entries in SAF­‑T files must reflect historical data, which is important for the changes made after they were sent. If any changes have been made, the previous values must be included in the records of the given structure. It should also be pointed out that SAF­‑T files are a set of information about economic operations of the entrepreneur for a given billing period submitted by means of electronic communication, thus it is necessary to have an electronic signature10 or a trusted eGo profile (ePUAP)11. The data compressed into the file scheme is taken directly from the entrepreneur’s financial and accounting systems (eg. in terms of VAT from the purchase and sale records).

5. The effects of SAF‑T­ functioning

Ultimately, the entire data transfer system in the SAF‑T­ format will be based on verifying the consistency and completeness of the books with tax return. It definitely has to be used, however, to verify the relation of income with the costs of obtaining it, or verification of the correctness of choosing the applicable rates of tax on goods and services. Every month, the JPK_VAT (SAF‑T­ with data from the VAT purchase and sale records) message is used to compare the source data with the VAT declaration, but also to compare the contractors’ data, search for buyers from suspect entities, or capture accounting erroneous in settlements. Analyzes conducted at SAF‑T­ will allow precise selection of entities for control, because thanks to the analysis of the

9 A standard developed by the World Wide Web Consortium to define the structure of an XML document (a universal markup language designed to represent different data in a structured way). Documents conta‑ ining XML Schema definitions are usually written in files with the extension .xsd (XML Schema Definition). 10 According to Art. 3 point 1 of the Actof 18 September 2001on electronic signature, these are data in electronic form, which together with other data to which they have been attached or with which they are logically associated, are used to identify the person submitting the electronic signature („Journal of Laws 2013, item 262, as amended). 11 Trusted profile is a free method of confirming the citizen’s identity in electronic administration systems. A trusted profile acts as a handwritten signature. The Trusted Profile confirms the Citizen’s identity – the signature confirmed by a trusted profile, like a qualified electronic signature confirmed by a trusted profile, like a qualified electronic signature, effectively replaces the handwritten signature in dealing with public entities.

115 Studia Administracji i Bezpieczeństwa nr 5/2018

SAF­‑T, the tax office has a broader knowledge of what is happening in the course of business. It is also important to restore the conditions of proper and fair competition. From 1 January 2018, the National Tax Administration can trace all VAT transactions between entrepreneurs – active VAT taxpayers. From that day on, the SAF‑T­ reporting obligation extended to the remaining group, almost 1.6 million taxpayers. Until 26 February 2018, taxpayers submitted a total of 1.7 million files. What are therefore the effects achieved in the period of functioning of this IT instrument in the tax system from 1 July 2016? Objectively, it should be assessed that these effects are highly satisfactory. Thanks to JPK_VAT (SAF­‑T with data from the VAT purchase and sale records) analyzes, the Ministry of Finance from 1 July 2016, disclosed blank invoices for approximately PLN 1.5 billion. Their number is gradu‑ ally falling, which means that SAF­‑T is doing its job. In January 2018, VAT could amount to about PLN 10 million in fictitious invoices, while in 2016 it was over PLN 23 billion12. After preliminary analysis of 600 million invoices shown by entrepreneurs in SAF­‑T files over 85 thousand from them aroused suspicions of the tax administration that at least some of such invoices may turn out to be “empty,” and their exhibitors expose not only the budget but also their contractors to losses. As emphasized by the representatives of the Min‑ istry of Finance, analysis of data from the SAF‑T­ may allow the tax office, in the long run, to reach the “heart of tax carousels”13. What is more, submit‑ ting the SAF‑T­ gives entrepreneurs the opportunity to get out of the VAT carousel more quickly. All applications for sending files check whether the sellers of services or goods included in the invoices are actually registered in the register14. In terms of ICT, the analysis carried out in the analytical center in Wrocławto detect irregularities includes over 100 signature features in various configurations. The so­‑called data foundation containing currently 22 bases is used. Ultimately, it is supposed to cover about 40 bases, including foreign ones15. The amount of data collected thanks to SAF­‑T is so large that – as Minis‑ ter of Finance Teresa Czerwińska confirmed – the Ministry of Finance is working

12 Królak, Jarosław (13 March 2018), „Puste faktury coraz bardziej passe”, Puls Biznesu, p. 2. 13 Szulc, Mariusz (13 March 2018), Ministerstwo Finansów chwali się sukcesem JPK, Dziennik Gazeta Prawna No. 51/2018, p. B3. SeealsoWitwicka, KatarzynaJakie efekty przynosi JPK? w 2017 odnoto‑ wano 160 mln transakcji,http://podatki.gazetaprawna.pl/artykuly/1030582,jednolity­‑plik­‑kontrolny­‑jpk­ ‍‑vat­‑transakcje.html, [access: 11.07.2018]. 14 Lis, Marcin, JPK w praktyce. Po pierwszych wpadkach system przyspiesza, https://www.money.pl/ gospodarka/wiadomosci/artykul/jpk‑vat­ ­‑podatki­‑wyludzenia,178,0,2409906.html [access: 11.07.2018]. 15 www.bankier.pl/wiadomosc/Dzieki­‑JPK­‑resort­‑finansów­‑ujawnil­‑puste­‑faktury­‑na­‑ok­‑1­‑5­‑mld­ ‍‑zl­‑4015791.html [access: 4.10.2017].

116 Mariusz Macudziński, The Standard Audit File fot Tax... on abandoning the VAT declaration and replacing it with the obligation to dis‑ patch JPK_VAT (SAF­‑T with data from the VAT purchase and sale records). This revolution is likely to happen in the beginning of 201916. The resignation from the VAT declaration for SAF­‑T files will actually be one of the largest “revolutions” in the VAT system from the beginning of its operation and the obvious effect of introducing this IT reporting instrument. Submitting the SAF‑T­ should also result in a faster verification of returns in the tax on goods and services. As a result, entrepreneurs who correctly fulfill their tax obligations will be able to focus on conducting business activity, and tax authorities – on entities whose aim is to perform fictitious activities or not to fulfill tax obligations17.

6. Penal financial consequences of not submitting the SAF­‑T information on time

SAF­‑T has the nature of tax information, so failure to submit it on time may result in taxpayer being prosecuted for tax liability, as provided in Art. 80 of the Act of 10 September 1999 – Tax Penal Code18. Depending on the circumstances, it may be a fiscal crime or offense, and this is determined by the boundary of the so­‑called value of depleting tax receivables. The penalty for a tax offense is a fine, determined in amounts ranging from 1/10 to 20 times the minimum salary.19 In 2018, these are the following intervals: –– from PLN 210 to PLN 4,200 (fine imposed by the mandate), –– from PLN 210 to PLN 21,000 (penalty imposed by a court order), –– from PLN 210 to PLN 42,000 (penalty imposed by a court judgment).

The amount of the fine or penalty mandate shall be determined taking into account the property situation, family situation and the earning potential of the perpetrator. In the case of a fiscal crime, the fine may amount to 10 to 720 daily rates. The minimum daily rate in 2018 ranges from PLN 70 to PLN 28,000, depending

16 Szulc, Mariusz, Ministerstwo Finansów chwali się sukcesem JPK, http://podatki.gazetaprawna.pl/ artykuly/1110548,podsumowanie‑wysylki­ ­‑jpk­‑w­‑styczni.html [access: 10.07.2018]. 17 Ponad 42 proc. firm pozytywnie ocenia wpływ JPK na gospodarkę,http://www.gazetaprawna.pl/jpk/ artykuly/1094770,jednolity‑plik­ ­‑kontrolny­‑wplyw­‑na­‑gospodarke.html [access: 10.07.2018]. 18 I.e., Journal of Laws 2017, item 2226, as amended. 19 Minimum salary in 2018 is PLN 2100.

117 Studia Administracji i Bezpieczeństwa nr 5/2018 on the income, family situation and property of the perpetrator. At present, the fine can range from PLN 700 to PLN 20,160,000. It should be reminded that the prerequisite for bringing to justice fiscal penalties for the vast majority of fiscal crimes and fiscal offenses is the intentional fault of the perpetrator. The perpetrator must be aware of and intend to commit a prohibited act. Situations in which fiscal penal liability threatens unintentional conduct are exceptions – and only a few. Meanwhile, cases where the financial investigation authorities treat the mere occurrence of an event that characterizes a prohibited act as a basis for bringing to justice fiscal penalties, regardless of the fault of the perpetrator, are rare. This indicates that negligence with regard to reporting obligations con‑ cerning the SAF­‑T, definitely in the case of deliberate action, can be a severe financial consequences for the perpetrators of this criminal act. At the same time, the possibility of applying such high fines is also a guarantee of timely submis‑ sion to the tax authorities of information on current economic events, in order to implement a significant fiscal function of financial law.

Conclusion

The obligation for the organs of the National Tax Administration to care for proper tax revenues is unquestionably their basic statutory duty, as they have been appointed to implement this main goal of fiscal policy. It should be recalled that in the state budget revenues, taxes account for almost 90 percent of the total revenues, which clearly highlights the most impor‑ tant tax function – the fiscal function – and puts the tax administration authorities at a high level in the system of public administration in general.Therefore, the implementation of the fiscal policy tasks of the state by tax administration authori‑ ties requires an unquestionable legal environment, and, in particular, a complete range of competences, powers and tools to support these tasks. One of such tools is the obligation to report on economic events in the form of SAF­‑T presented in this publication. The analysis of almost two years of the functioning of this instrument in the tax system allows to draw definitely positive conclusions. The introduction of SAF‑T­ is undoubtedly the success of tax information technology policy. The need to introduce this modern IT format into the tax control system has its legitimate grounds, because its main task is

118 Mariusz Macudziński, The Standard Audit File fot Tax... to eliminate tax fraud, in particular the dangerous phenomenon of issuing the so­‑called “empty invoices”. The SAF‑T­ isalso considered, apart from the split payment mechanism, the IT System of the Clearing House,20 to the most serious and spectacular tax law protection instruments and thanks to its functioning it may come to one of the largest “revolutions,” namely the total resignation from filing tax returns in tax from goods and services. Since the SAF­‑T format is more detailed in its structure, and at the same time allows the analysis of all pages and details of transactions disclosed in it, maintaining the SAF­‑T reporting and filing tax returns in the further and longer perspective seems to be unjustified. Every step aimed at building a tight system will also allow for building good relations between honest taxpayers and the tax administration apparatus. This was and is the assumption of introducing reporting in the SAF­‑T format into the Polish tax system.

Bibliography 1. Brodziak P., Pojęcie „pustej” faktury, https://www.pkfpolska.pl/pojecie‑% E2%80%9Epustej%E2%80%9D-faktury-2752. 2. Królak J. (13 March 2018), Puste faktury coraz bardziej passe, Puls Biznesu. 3. Lis M., JPK w praktyce. Po pierwszych wpadkach system przyspiesza, https://www.money. pl/gospodarka/wiadomosci/artykul/jpk‑vat­ ‑podatki­ ‑wyludzenia.­ 4. Macudziński M., Obejście prawa podatkowego – losy regulacji zarys przyszłej koncepcji, [in:] Obrót powszechny i gospodarczy – problemy prawnopodatkowe. Monografia. Remus: Warsaw 2014. 5. Szulc M. (13 March 2018), “Ministerstwo Finansów chwali się sukcesem JPK”, Dziennik Gazeta Prawna No. 51/2018. 6. Witwicka K., Jakie efekty przynosi JPK? W 2017 odnotowano 160 mln transakcji, http://podatki.gazetaprawna.pl/artykuly/1030582,jednolity­‑plik‑kontrolny­ ­‑jpk‑vat­ ­ ‍‑transakcje.html. 7. Zalewski Ł., Ćwierć wieku VAT. Jak ważyć interes fiskalny i rozwój gospodarczy, “Dziennik Gazeta Prawna”, 19 July 2018, No. 137. 8. www.bankier.pl/wiadomosc/Dzieki­‑JPK­‑resort­‑finansów­‑ujawnil­‑puste­‑faktury­‑na­ ‍‑ok­‑1­‑5­‑mld­‑zl­‑4015791.html. 9. https://www.finanse.mf.gov.pl/pp/jpk/aplikacje‑do­ ­‑pobrania. 10. http://www.gazetaprawna.pl/jpk/artykuly/1094770,jednolity­‑plik­‑kontrolny­‑wplyw­ ‍‑na­‑gospodarke.html.

20 Z. Łukasz, Ćwierć wieku VAT. Jak ważyć interes fiskalny i rozwój gospodarczy,”Dziennik Gazeta Prawna”, 19 July 2018, No. 137, p. A10.

119 Studia Administracji i Bezpieczeństwa nr 5/2018

Sources of law 1. Directive 2006/112/ECof the Councilof 28 November 2006on the common tax system of addend value (Journal of Laws EU L 2006, No.347/1, as amended). 2. Act of 11 March 2004 on tax on goods and services (Journal of Laws 2017, item 1221, as amended). 3. Act of 29 August1997, Tax Ordinance (Journal of Laws 2018, item 800, as amended). 4. Act of 10 September 1999, Penal Fiscal Code (Journal of Laws 2017, item 2226, as amended). 5. Act of 18 September 2001on electronic signature (Journal of Laws 2013, item 262, as amended). 6. Minister of Finance Regulation of 24 June 2016 on the method of sending tax books by means of electronic communication and technical requirements for IT data storage media on which these books can be recorded and transferred (Journal of Laws 2016, item 932, as amended).

120 Karol Mausch The Jacob of Paradies University in Gorzów Wielkopolski, Poland

The Supervision in Social Work. The Michael Baliant Method in Providing Psychological Support for Social Workers, Policemen, Soldiers, and Firemen

Summary The social worker or policemen should have broad skills in mobilizing people to action for individuals and groups. Looking at the particular desirable personality traits and skills of social workers can conclude that the emotional and somatic personality include: empathy, the ability to recognize emotions in themselves and others, the ability to control their own emotions and influence it, emotional balance, good mental health and psycho‑ somatic. The personal development of social workers involved in helping Balint groups.

Keywords: stress, illness, social work, Balint group

Introduction

Social workers are exposed to risky situations in life, including stress, burnout, illness resulting from stress and other negative factors. Research and professional practice suggest that among the many personality traits that need to be taken into account when selecting people to work in the field of social work, the following types of intelligence should be consideres: 1. cognitive, 2. emotional, 3. spiritual and 4. social. The article discusses the role and importance in the work of social workers, policemen, soldiers mentioned types of intelligence. Researchers and practitioners are increasingly devoting more attention to subjective factors conducive to human welfare. This problem has traditionally been studied in terms of objective indicators such as income, health and living conditions, etc. It is known, however, that the economic indicators are important for the proper development of the people and the nation. As many studies show, it is also important to identify and measure of subjective welfare indicators, relating Studia Administracji i Bezpieczeństwa nr 5/2018 to an individual assessment of their own well­‑being, life satisfaction, social rela‑ tionships, work and health goals and personal accomplishments1. In the field of health psychology many studies indicate a need to consider the quality of life as a proper interpretation of the concept of the health perspective subjective. Furthermore, the quality of life must be considered, not only in relation to health. It is a broader concept, moving areas and activities of daily life, which does not necessarily depend on the condition of man and can go beyond physical limitations. All individuals, depending on their health status, social roles, person‑ ality, style of interaction with the environment, develop their personality which means good quality of life2. Most researchers agree that health is a multidimensional construct that includes the physical, social and psychological dimensions. This approach was first expressed in the Declaration of Human Rights (1948) and reaffirmed by the World Health Organization (WHO) meeting in Alma­‑Ata (1986), where it was confirmed that health cannot be treated only as a lack of pathological symptoms, but also to be they understand the physical and psychological well‑being.­ At the same time it formulated the principles of a new approach to the diagnosis and treatment of dis‑ eases: created biopsychosocial model of health. George Engel said that limitations and weaknesses of the biomedical model of Western medicine, which focuses on the symptoms and physical ailments, and offered a broader view of the problem, focused on the patient as a person, as a carrier of specific cultural characteristics, that gives an individual sense and experience of health and illness3. The International Classification of Functioning (ICF), issued by WHO in 2001, stresses the need for evaluation of health conditions from a positive perspec‑ tive, i.e. from the perspective of human functioning. ICF evaluated in a study of what people are currently doing in their daily lives and in the environment. This approach changes the point of view of science and study the consequences of the disease (such as discomfort or limitation of activity) on the determination of the components of health in terms of physical disease sources, daily activity and par‑ ticipation in social life. The salutogenetic perspective emphasizes the active role of the person in the interaction with the environment. It is clear that two people in the same state of health may exhibit different levels of operation. It depends on variables that are different from physical condition, but not least are health related:

1 A. Fave, The impast of subjective experience on the quality of life, [in:] M. Csikszentmihalyi, I.S. Csik‑ szentmihalyi, A Life Worth Living, Oxford 2006. 2 Ibidem. 3 Ibidem.

122 Karol Mausch, The Superviosion in Social Work... personality traits, family support and social environment, economic and financial situation, level of education, level of knowledge of the culture, social policy. With respect to persons engaged in professions such social workers, educa‑ tors, teachers, therapists, policemen, soldiers, firemen etc., which rely on helping other people in vulnerable situations, health understood multidimensional feature is necessary for competent and effective action. Selection and selection of employ‑ ees to these professions should therefore include a psychological evaluation, and it should take into account, among others, the level of sense of life, noo­‑psychosomatic health, resistance to stress, etc. Investigated social workers, policemen, probation officers, social animators have a common interest: human survival and suffering. Looking at the particular desirable personality traits and skills of social workers, policemen etc. beyond the appropriate level of sense of life, we can say that the emotional and somatic personality include: empathy, the ability to recognize emo‑ tions in themselves and others, the ability to reign – to the extent possible – the their emotions, emotional balance, good mental health, and psychosomatic health. In the sphere of cognitive and behavioral competencies to the desired policemen, social workers etc. include: the willingness to listen, the ability to gain trust, com‑ munication, objectivity, and decisiveness. Many of these features is formed in the process of education and personality development, and depends on genetic predispo‑ sition. Competences of personality needed to act as a professional policemen social worker can and should be developed also on the job, by participating in trainings and workshops developing emotional intelligence, improving accurate recognition and naming of emotions, their expression, control emotions, control of impulses emotional, stress management and limiting its effects, postponing the time satisfy‑ ing their own desires, deepening of insight into their own psychophysical states, to develop their own spirituality, religion, communication skills, and social intel‑ ligence – which consists of cognitive and emotional intelligence. In working with people, especially with people in difficult situations, stress, phase emotional crisis etc., important are skills of establishing and main‑ taining relationships with people of different experiences, people from different cultural backgrounds, people of different ages, and somatically and mentally sick people4. In the activity of a social workers, policemen, and firemen, it is impor‑ tant to communicate effectively and efficiently, both verbally and non­‑verbally. The effectiveness of communication depends on the predisposition of workers, and especially on their emotional and cognitive intelligence.

4 Osamelosť a kosociálny a psychologický jav. Prežívanie osamelosti vo vybraných sociálnerizikových Skupinach, ed. E. Žiaková, AkcentPrint, Prešov, 2008.

123 Studia Administracji i Bezpieczeństwa nr 5/2018

Working in Balint groups and personal development5

Michael Balint (1896‑1970),­ a Hungarian psychoanalyst, developed after World War II, in one of the clinics in London, a new concept of training medical students and doctors, based on the combination of competence of general practitioners and psychoanalyst. In the 1970’s in Western countries, concepts and practical forms of vocational training and psychological support for those working in the area of helping other people have begun to include doctors, including psychologists, educators, social workers, volunteers, teachers, workers in the area of social sup‑ port, policemen, etc. Application groups of Balint in the area of social support, education and supporting the social workers used to minimize the effects of occu‑ pational stress and to develop emotional intelligence. Balint groups organized courses serving to improve the efficiency of helping people in vulnerable situa‑ tions, and providing psychological support to people6. The main aim of the Balint group working is to analyze the participants psychological process occurring between the participants and their clients. The analysis of the relationships between clients, victims, perpetrators etc. is an essen‑ tial subject of working in Balint groups7. Policemen, firemen, and social workers meet regularly once or twice a week or month, in a group of 10 to 15 people on the average. A group leader must have an appropriate authorization. One of the members of the group presents a psychological problem of a patient/client, victim etc. The participant gives the name of the patient/client, the age, professional situation, family, health, and other information important in his or her view. The most important is the psychologi‑ cal problem, which arose in relations of the policemen or social worker with the patient/client – for example, difficulties in establishing contact, fear of the reaction for requesting personal information,fear of a counselor about the health and future of the patient/client, and other emotional reactions to a patient/client or his or her family members. After presenting the problem, the participant answers a series of 5­‑6 short questions form the members of the Balint group for additional infor‑ mation need to complete the picture8.

5 K. Mausch, Zastosowanie metody Grup Balinta w pracy socjalnej, „Praca Socjalna” 2010, No. 6; K. Mausch, E. Ryś, Duševná kondícia sociálnych pracovníkov. Noopsychosomatickáštúdia, Rużomberok, 2008; K. Mausch, Michael Balint i jego koncepcja kształcenia lekarzy w efektywniejszej pracy z pacjentem, „Przegląd Lekarski” 1997, 54, 12. 6 M. Balint, Der Arzt, sein Patient und die Krankheit, Stuttgart 1984; idem, Psychotherapeutische Techni‑ ken in der Medizin, Stuttgart 1980; M. Balint, J.S. Norel, Funf Minuten pro Patienten, Frankfurt 1975; Materiały 21. Międzynarodowej Konferencji Balintowskiej, Aachen 1994. 7 Ibidem. 8 Ibidem; R. Kielhorn, Materiały niepublikowane z I. Sympozjum Balintowskiego, Kołobrzeg 1993.

124 Karol Mausch, The Superviosion in Social Work...

During the rest of the group session, each member of the Balint group has the right to express opinions on how the presenting participant explained the problem or the psychological impact on him or her, and above all, the emotional reactions, feelings, associations, ideas or fantasies caused by the presentation. It should be noted that even the strangest, far associations, and fantasies can be expressed by the participants of the meeting, revealing hidden and unexpressed correct motives of the patient/client, victim, policemen, or social worker. Further development and course of the relation in question can be discussed, including possible alternatives, aiming to solve the problem. This part of the Balint session is the most important from the point of view of the group, and it often involves excitement of the group members in the form of emotions, even tears, emotional expressions etc. A common discussion of members of the group has the following aims: –– help to understand the person assisting the client’s problems and his or her attitude to these issues, –– improve the effectiveness and impact of aid to the customer by the helper, –– enable survival of participants in the Balint group through assisting “catharsis” – coming clean, thus reducing stress and weakening its effects, –– support participants, suggest them new solutions to problems in work‑ ing with the patient/client etc.9

Participants in Balint groups develop their professional competence (knowledge). They form their psychological skills in action group – in confronta‑ tion with other social workers, policemen, firemen, etc. By participating in Balint groups, they become more resistant to stress, better cope with the effects of stress, become less at risk of burnout or can reduce its effects, become also more effec‑ tive and efficient at work and more resistant to manipulation from clients, victims etc. According to Balint, not the amount of time devoted to the client is the most important, but the intensity of this contact, which affects, among others, the abil‑ ity of policemen, firemen, and social workers for empathy, motivation to provide assistance, professional qualifications, resistance to stress etc.10

9 R. Kielhorn, Materiały niepublikowane z I. Sympozjum Balintowskiego, op. cit.; Materiały 21. Między‑ narodowej Konferencji Balintowskiej, op. cit. 10 M. Balint, Der Arzt, sein Patient..., op. cit.; idem, Psychotherapeutische Techniken..., op. cit.; M. Balint, J.S. Norel, Funf Minuten pro Patienten..., op. cit.; Materiały 21. Międzynarodowej Konferencji Balin‑ towskiej, op. cit.

125 Studia Administracji i Bezpieczeństwa nr 5/2018

Conclusions

Changes in social life, their complexity, and intensifying pathological phenomena, make it necessary for policemen, firemen, social workers, and soldiers to acquire skills of psychologists, psychotherapists, organizers of social life, and others from a wide range of experts. The helpers should have broad skills in mobilizing indi‑ viduals and groups for action. From an examination of the particular desirable personality traits and skills of helpers, a conclusion arises that the emotional and somatic personality should include: empathy, the ability to recognize emotions in themselves and others, the ability to control their own emotions and to influence it, the emotional balance, and good mental and psychosomatic health. In the sphere of cognitive and behavioral capabilities –the willingness to listen, the ability to gain trust, communication skills, objectivity, and decisiveness11. In shaping and devel‑ oping the above­‑mentioned personality traits of helpers, very useful are Balint groups. Michael Balint focused in their approach to the patient on a combination of traditional methods of treatment used by biologically oriented medicine and the techniques used in psychotherapy12. Today in Balint groups organized for police‑ men, soldiers, social workers, etc.,there is a need to focus attention primarilyon the development of emotional intelligence, and on equip them with the skills to cope with stress in order to, among others, defend themselves against burnout, and somatic and psychical diseases and disturbances.

Bibliography 1. Balint M., Der Arzt, sein Patient und die Krankheit. Klett‑Cotta­ , Stuttgart 1984. 2. Balint M., Psychotherapeutische Techniken in der Medizin. Klett‑Cotta­ , Stuttgart 1980. 3. Balint, M., Norel, J.S., Funf Minuten pro Patienten. Frankfurt, 1975; Materiały 21. Międzynarodowej Konferencji Balintowskiej, Aachen, 1994. 4. Fave A., “The impast of subjective experience on the quality of life,”in Csikszentmi‑ halyi M., Csikszentmihalyi I.S., A Life Worth Living. Oxford, 2006. 5. Kielhorn R., Matieriały niepublikowane z I. Sympozjum Balintowskiego, Kołobrzeg, 1993. 6. Materiały 21. Międzynarodowej Konferencji Balintowskiej, Aachen, 1994. 7. Mausch K., “Zastosowanie metody Grup Balinta w pracy socjalnej,” Praca Socjalna No. 6/2010.

11 Problemy i tendencje rozwojowe we współczesnej pedagogice społecznej, red. A. Radziewicz-Winnicki, Wydawnictwo Śląsk, Katowice, 1995. 12 K. Mausch, E. Ryś, Duševná kondíciasociálnych pracovníkov. Noopsychosomatickáštúdia, Katolicki Uniwersytet w Rużomberku, Rużomberok, 2008.

126 Karol Mausch, The Superviosion in Social Work...

8. Mausch, K., Ryś. E., Duševná kondíciasociálnych pracovníkov, Noo-psychosomatická štúdia. Katolicki Uniwersytet w Rużomberku, Rużomberok 2008. 9. Mausch, K., Michael Balint i jego koncepcja kształcenia lekarzy w efektywniejszej pracy z pacjentem, “Przegląd Lekarski” 1997. 10. Problemy i tendencje rozwojowe we współczesnej pedagogice społecznej, ed. A. Radziewicz‑Winnicki,­ Wydawnictwo Śląsk, Katowice 1995. 11. Osamelosťakosociálny apsychologickýjav. Prežívanieosamelostivo vybraných sociál‑ nerizikových Skupinach, ed. E. Žiaková, AkcentPrint, Prešov 2008.

127

Part III

Theoretical and Philosophical Aspects

of Security

Natalia Moch Military University of Technology, Warsaw, Poland Robert Maciejczyk The Jacob of Paradies University in Gorzów Wielkopolski, Poland

The Criminological Aspects of Crimes Committed by Females and the Sense of Individual Security

Summary Women’s crime in Poland exists to a much lesser extent than men’s crime – and this difference is the subject of theoretical considerations and empirical research. The rea‑ sons for this state of affairs can be found mainly in a much smaller number of cases that can be examined and in a lesser social need to explain this phenomenon. Undoubtedly, however, this phenomenon is a threat to the security of individuals. Prevention of security threats is associated with building strong local communities by undertaking actions aimed at reducing the level of anxiety in society and aimed at improving social standards and the culture of social coexistence. The aim of this study is to try to explain the phenomenon of crime of women and its impact on the sense of security of the individual. The authors attempt to answer the following questions: what is the scale of women’s crime in Poland? what is the mechanism of action of women criminals and what are the motives for their actions? how women’s crime affects the sense of security of individuals?

Keywords: women’s crime, criminology, aetiology of crime, crime in Poland

Introduction

Security in the social dimension is a prerequisite for the functioning of societies, and the sense of security that accompanies individuals enables them not only to be properly active and to develop, but also to survive. Interpretation of security from an individual perspective entitles to perceive it as a need, while a view from the perspective of the whole society allows to recognize it as a value. And the subjective sense of the absence of threats and the objective state of their absence constitute both an important goal and a condition for the operation of individuals Studia Administracji i Bezpieczeństwa nr 5/2018 as well as entire social groups. Prevention of security threats is therefore closely connected with building strong local communities by undertaking actions aimed at reducing the level of anxiety in society and aimed at improving social standards and culture of social intercourse, which makes preventive actions control and influence social reality, and change it. Its aim is – in a manner consistent with social expectations –to prevent undesirable social processes and phenomena, and consequently reduce fear of threats and ensure social order. Maintaining social order and ensuring security depends not only on the efficiency of competent law enforcement services’ reaction to existing violations of applicable law, but also on the efficiency of actions taken to prevent crime and other negative social phenomena, including women’s crime, which lead to these violations. The issue of female crime in comparison to issues related to male crime was much less the subject of theoretical considerations and empirical research. The reasons can certainly be seen in a smaller number of cases that can be examined and in less social need to explain this phenomenon, which due to its size and nature was not perceived as particularly dangerous. An important reason may also be the fact that even in the earliest historical sources, a woman more often appeared as a crime object and not as its perpetrator1. For several dozen years, there has been an increasing interest in women’s aggression, especially in homicides commit‑ ted by them. The increase of this interest goes hand in hand with the changing awareness of women, their role in the family, as well as with huge changes in their functioning in the post­‑modern world. The interest in women’s aggression concerns on one hand a wide range of readers not professionals, and on the other – representatives of social sciences: law, sociology, pedagogy, and psychology. It is not without significance that lectures or seminars on forensic psychology have been introduced at many universities2. The murders of single or multiple victims, apart from the subjective cir‑ cumstances of their perpetrators, are embedded in a specific social, political and personal context. They all have motives, and they are more or less successful ways of solving difficult situations on a collective as well as an individual scale. They are, in a sense, behaviors that have diverse functions, including defensive ones3. Data from the last ten years, published by the Polish Police Headquar‑ ters, show that women as suspected crimes are in the overwhelming minority group than men. For a selected groups of crimes, the numbers are as follows:

1 J. Błachut, Kobiety recydywistki w świetle badań kryminologicznych, Wyd. Ossoliński, Wroclaw 1981. 2 Z. Majchrzak, Kiedy kobieta zabija, Wyd. Uniwersytetu Kardynała Stefan Wyszyńskiego, Warsaw 2009. 3 Ibidem.

132 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females... in murder, about 15 percent of suspects are women;in theft with burglary – about 10 percent; participation in a brawl and beating – about 9 percent; predatory offenses – approximately 6 percent, and rape – 1 percent. The aim of the study is to try to explain the phenomenon of female crime. The authors tried to answer the following questions: what is the scale of women’s crime in Poland and what is the mechanism of action of women­‑criminals. The authors tried to answer the following questions: what is the scale of women’s crime in Poland, what is the mechanism of action of women­‑criminals, and what are the motives for their actions. For a long time, it was considered that women’s crimi‑ nal activities were predominantly influenced by their gender. In theories defined as biological, just the gender factor were considered as determining the behavior of women4. One of such theories is a theory of L.O. Pike, who was explaining the small share of women in the overall number of criminals as due to the features of female nature. Being physically weaker, a woman has less chance of commit‑ ting a crime. The author of that theory was not inclined to accept the dependence of the increase in female crime on emancipation movements. He believed that the independence of women meant that the work previously performed at home could be done outside of it5.

Scale of the phenomenon

As mentioned earlier, women are much less likely than men to commit crimes. Already at the beginning of the 20th century, W. Ostrożyński wrote that in the world of crime, there is a daily phenomenon that social disease called crime is not evenly distributed into both of the sexes, male and female, despite the only slight difference between them, and that the disease is mostly caused by a man and much less by woman6. A. Campbell even writes about the phenomenon of female crime. The author notes that in the last twenty years, in the mass media, the indignation of women breaking the law has been expressed time after time. Despite the huge changes in the role of women in society, the media still suggests that we should be appalled when the hands that the children are holding can steal, rob and beat as if femininity were to be a vaccine against crime. Due to the fact that women

4 M. Budyn­‑Kulik, Zabójstwo tyrana domowego: studium prawnokarne i wiktymologiczne, Lublin, 2005. 5 L. O. Pike, A history of crime in England: illustrating the changes of the laws in the progress of civilisation, M. Budyn‑Kulik,­ Zabójstwo tyrana domowego..., op. cit. 6 W. Ostrożyński, Kobieta w świecie przestępstwa, „Przegląd Prawa i Administracji” 1903, Vol. XXIX, p. 386.

133 Studia Administracji i Bezpieczeństwa nr 5/2018 in comparison with men so rarely arouse feelings of repugnance and disapproval, criminals are treated as a kind of phenomenon7. Women constitute a small percentage of perpetrators of crimes commit‑ ted in Poland. The most common offenses committed by them are mainly minor thefts, frauds, and forgeries. Violent crimes, such as murders or armed robberies, are a small percentage. The scale of the phenomenon of female crime is evidenced by statistics (see Table 1 and Table 2). On their basis, one can also assess the dis‑ proportions between perpetrators of crimes among women and men.

Tabla 1. Crimes of women and men by legal classification in Poland, 2005‑2012­ Legal Number 2005 2006 2007 2008 2009 2010 2011 2012 classification of suspects total 861 794 845 742 755 660 652 588 Murder women 112 116 118 88 104 92 81 83 men 749 678 727 654 651 568 571 505 total 9665 9637 9706 9233 9328 9686 10430 9692 Detriment to health women 751 717 741 776 807 913 980 860 men 8914 8920 8965 8457 8521 8773 9450 8832 total 22163 22992 23570 23043 21863 19381 18598 17382 Participation in women 1614 1705 1864 1997 1896 1873 1652 1565 a fight or beating men 20549 21287 21706 21046 19967 17508 16946 15817 total 1183 1215 1111 1021 950 841 893 855 Rape women 10 10 15 7 15 11 13 13 men 1173 1205 1096 1014 935 830 880 842

total 21151 19137 15975 14717 14611 13809 12967 11988

Robbery, extortion, women 1050 877 978 858 818 784 837 765 robbery theft

men 20101 18250 14997 13859 13793 13025 12130 11223

total 90804 78313 72523 66587 66044 73925 80204 82459 Theft, burglary women 5976 5992 6033 6193 6927 7549 7976 8132 men 84828 72321 66490 60394 59117 66376 72228 74327 Based on: http://statystyka.policja.pl/st/wybrane‑statystyki/przestepczosc­ ‑kobiet/50869,Przestepczosc­ ­ ‍‑kobiet.html [access: 22.08.2018].

7 A. Campbell, Jej niezależny umysł. Psychologia ewolucyjna kobiet, Cracow, 2004.

134 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females...

Table 2. Population of women and men in detention centers and prisons in Poland, 2010­‑2017 (as of 31 December of a given year) Year Specification 2010 2011 2012 2013 2014 2015 2016 2017 Total 80 728 81 382 84 156 78 994 77 371 70 836 71 528 73 822 Includingwomen 2 697 2 597 2 695 2 636 2 527 2 379 2 581 2 873 Total 8 389 8 159 7 009 6 589 6 238 4 162 5 396 7 239 youth 893 874 748 611 460 315 357 450 Temporaryarrest includingwomen 31 28 28 17 16 11 14 20 adults 7 496 7 285 6 261 5 978 5 778 3 847 5 039 6 789 includingwomen 323 336 287 314 268 192 223 352 total 71 867 72 692 76 657 71 595 70 125 65 664 65 079 65 769 youth 2 270 2 016 2 071 1 733 1 506 1 163 1 069 966 includingwomen 50 44 29 25 26 31 30 26 Convicted repeatoffenders 34 458 36 345 39 121 37 415 38 016 36 554 36 874 36 788 includingwomen 501 530 599 594 616 643 686 751 remainder 35 139 34 331 35 465 32 447 30 603 27 947 27 136 28 015 includingwomen 1 662 1 564 1 728 1 638 1 532 1 440 1 549 1 659 total 386 481 428 702 1 008 1 010 1 053 814 youth 43 25 31 54 63 60 61 25 Punishment includingwomen 1 1 0 3 1 1 2 1 Adults 429 506 459 756 945 950 992 789 includingwomen 29 26 24 45 68 61 77 64

Source: http://stat.gov.pl/obszary­‑tematyczne/wymiar­‑sprawiedliwosci/wymiar­‑sprawiedliwosci/ osadzeni­‑w­‑zakladach‑karnych­ ­‑i­‑aresztach‑sledczych,2,1.html­ [access: 22.08.2018].

When analyzing the data in Tables 1 and 2, it should be stated that the number of crimes committed by women is definitely lower than the number of crimes committed by men.C. Lombroso and W. Ferrero have already as the reason pointed out the sedentary lifestyle of women and the innate instinct to care for chil‑ dren as the reason this correctness8. In the scientific dispute about women’s crime, however, attention is paid to the existence of so‑called­ a dark number of crimes, that is, a group of events that no one reported. J. Stojer­‑Poznańska quotes data from 2015 concerning domestic violence. In this year, according to official statis‑ tics of the Police Headquarters, men were perpetrators of over 70,000 cases, while women – only over 5,000. These were cases of mistreatment over a man, another woman, children or the elderly9. This thesis is also confirmed by the words of R. Szczepanik, who indicates that in crime of women, crime prevails in the privacy

8 C. Lombroso, W. Ferrero, Kobieta jako zbrodniarka i prostytutka, Warsaw 1895. 9 J. Stojer­‑Polańska, Ciemna strona kobiet, http://www.swps.pl/strefa‑psyche/blog/16043­ ‑ciemna­ ‑strona­ ­ ‍‑kobiet [access: 18.06.2018].

135 Studia Administracji i Bezpieczeństwa nr 5/2018 of home and family life10. Such offenses are not easy to detect, especially if they relate to cases of acts committed by a woman against a man (husband or cohabitant). For the man it is more difficult to ask for help in such a case. This would involve breaking the social stereotype of gender differences, where the male appears as a stronger gender, while the woman is a “weak gender.”In a situation where a man who is a victim of mistreatment on the part of a woman (both physical and mental) would ask for help, he could be ashamed. There fore, in many cases such situations are not reported – hence, their actual number is not included in police statistics.

Mechanism of action of criminals

Women’s crime for a long time was an underestimated object of criminologi‑ cal research. The main reasons for this state of affairs include the small share of women in performing criminal acts and the fact that women committed mainly minor offenses that did not lead to problems on the macrosocial scale. In addi‑ tion, women were treated as beings inferior than men, and therefore not deserving special attention. Finally, criminology was a field of science dominated by men11. Theories explaining the phenomenon of female crime accentuate various factors conditioning the deviant behaviour of women. The feminist trend in crimi‑ nology deserves special attention12. The crime of the case is the most characteristic of female crime. Crimes are committed under the influence of someone’s sugges‑ tion, temptation, and the nature of a woman. Many authors pay attention to the physical development of female criminals, claiming that criminals are well­‑built women. This argument was opposed by O. Pollak, claiming that to commit a crime does not need a large physical strength, which can be replaced by technical means such as weapons. Researchers were also looking for a link between physiologi‑ cal cycles and criminal behaviour. Menstruation, pregnancy, the postnatal period, and menopause were considered. According to some authors, the types of crimes such as shoplifting, infanticide, and child abuse are associated with pregnancy and the postnatal period. The period of pregnancy in many cases is accompanied by depressive states, excessive sensitivity, and emotional instability, which may be conducive to criminal behavior. The Press Department of the Police Headquarters

10 R. Szczepanik, Struktura i dynamika przestępczości kobiet, [in:] Resocjalizacja – ciągłość i zmiana, ed. M. Konopczyński, B. M. Nowak, Warsaw 2008, p. 175. 11 K. Biel, Przestępczość dziewcząt – rodzaje i uwarunkowania, WAM, Cracow 2009. 12 Ibidem.

136 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females... announced that in recent years, the number of crime related to abandonment of children has increased13. Environmental conditioning as predictors of criminal behavior indicates that the most intense cultural education falls on the period of infancy and early childhood. Children learn the language and basic behavior patterns. The family is the main institution of socialization. In the socialization phase, schools, peer groups, organizations, the media, and finally the workplace also become factors. Social interactions in these contexts teach a set of values, norms and beliefs that make up the pattern of the culture in which a person lives14. The institutional char‑ acter of the family is connected with the functions it performs. Family structure is a permanent framework, not always formalized, within which life and marital­ ‍‑family behavior take place. It is a system of model behaviors occurring between family members and family and external forces. There are several criteria by which different types of families are defined. These include: the number of fam‑ ily members; various organizational forms of family life; the nature of the source of income; living environment (here belong a peasant family, a working fam‑ ily, an intellectual family, an urban family and a rural family), and authority and power. In recent years, there are many alternative forms of married and family life. A completely new phenomenon are legal homosexual relationships15. A significant part of the murderers of the last period is under the influence of the adverse family and material situation, which is mainly related to unemployment and deteriora‑ tion of the financial situation. A sudden change in this area led to a significant fall of authorities, including parental ones, and at the same time deepening moral relativism. Activities in today’s Polish social reality of crimes within the family circle are: violence, harassment, and family abuse. They take place not only in the working class, economically disadvantaged, but also in families in which there are no traditionally raised crimes16. Perhaps the reasons lie in the helplessness of women. Three elements create a learned helplessness: information about what will happen; thinking about what is to come, and behaving with regard to what is to come. At this point, cognitive, motivational and emotional disorders may arise. The assumptions of this concept explain why a woman does not try to leave the perpetrator of violence. There is no proper emotional or cognitive control in this relationship, especially the lack of ability to stop the perpetrator from abusing of violence

13 www.przestepczoscikobiet.pl [access: 1.08.2017]. 14 A. Giddlens, Socjologia, Warsaw 2004. 15 K. Biel, Przestępczość dziewcząt – rodzaje i uwarunkowania, op. cit.. 16 Ibidem.

137 Studia Administracji i Bezpieczeństwa nr 5/2018 against a woman, regardless of how she behaves and what her defensive attitude will be. It reduces her motivation to take any action. The beaten woman learns to see herself as powerless, without a chance to get out of the situation in which she found herself. On the other hand, learned helplessness helps to explain why some women are in a pathological relationship, but also can explain why they kill their tormentors and why many of these killings should be treated as a kind of psychological defense17. The homicide group is characterized by a relatively high frequency of various emotional and emotional disorders, manifested in vari‑ ous forms of immaturity, various immature defense mechanisms in attitudes and reactions. Most of them reveal increased emotional reactivity, reduced immunity to difficult situations, elevated levels of anxiety and fear, egocentrism, emotional coldness, distrustful and suspicious attitude to the environment, low self­‑image, low self­‑control, and low mental level18.

Dominating motives in the murders committed by women

The economic motive of murder, or the perpetrator’s pursuit of certain mate‑ rial benefits – most often complicity husband­‑wife, rarely a lonely woman. The participation of women in committing murder on a robbery background is insig‑ nificant. Women do not kill themselves, and usually work with others. According to the data, important variable personalities, related to the act, were abnormal relationships with both family and with people from near and distant surroundings. In these relations, the predominant attitude was neutral or hostile. Relations with loved ones were full of conflict, lack of mutual acceptance with predominance of attitude dominance – submissiveness and hostility.19Among the pathological motives, an important role was attributed to the delusional motivation, which was accompanied by a sense of danger, increased fear and the desire to take revenge. In addition to disease changes that reduce their life activity with a typical personal‑ ity defect in the course of schizophrenia, an important, decisive factor disrupting their contact with the environment was delusional inadequate interpretation of reality. Mental illness also intensified conflicts and aggressive behaviours, often psychologically perceptible, related to the reality of their life situation20.

17 Ibidem. 18 Ibidem. 19 Z. Majchrzak, Kiedy kobieta zabija, Wyd. Uniwersytetu Kardynała, Stefan Wyszyńskiego, Warsaw 2009. 20 Ibidem.

138 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females...

Determinants of the murder of women are not only the pathology of the perpetrator’s personality and sacrifice, and above all their social functioning, in which, apart from increased aggression and alcohol, previous criminality, lack of permanent attachment, and negative experiences from multigenerational families played a large role. Female criminals differ not only in the motives of action, but also in personality characteristics21. An example of a female criminal is Colombian Griselda Blanco, the cre‑ ator of a cocaine empire, who committed her first crime at the age of 11. She kidnapped for ransom and then shot a 10­‑year­‑old son of rich parents. She survived three husbands who died during drug transactions. Manufacturers of underwear sewed for her special underpants and bras – women smuggled cocaine in them. She wandered with her mother, living in extreme poverty in Medellin slums. They practiced prostitution. This was the traumatic atmosphere of Griselda Blanco’s childhood. Sometimes she was called a “butcher from Medellin”. The dog guarding her possessions was named Hitler. When Griselda grew up, she married for a visa. Then she entered into an affair with a friend of her husband, and after the death of her husband, she became permanently associated with the friend. They were joined by love and cocaine interests. She transported cocaine in containers by airplanes and employed thousands of dealers. The social advancement of Griselda Blanco was stunning. She murdered her second husband by arguing over money, gaining the nickname “Black Widow.” At the end of the 1970’s, she transferred her cocaine interests to Miami. Hundreds of people were dying in war between gangster’s syn‑ dicates. There were attempts to kill her. She moved to California. In 1985, Griselda Blanco was arrested. Thanks to her lawyers, she avoided the death penalty, but was sent to prison for a long time. In 2004, after leaving the prison, she was deported to Colombia – returned to the roots. Griselda Blanco was murdered in 2012 with automatic weapons when she was buying meat from a butcher. The phenomenon of Griselda Blanco lies in the fact that she achieved her unique position in the Latin American criminal world, against the model and its preference for macho culture, i.e., the dominant position of a man. Her success went hand in hand with pathologi‑ cal cruelty, which exceeded many other cocaine bosses. She has finished her life remarkably. She died theatrically, as befits a macho in a skirt22. On the other hand, can Polish women­‑criminalsbe lost in the present day‑ criminal world dominated by men, addicted to alcohol or drugs, without showing affection, treated matter­‑of­‑factly? As noted by the Polish investigative journalist

21 Ibidem. 22 http://www.ikmag.pl/miesiecznik/rozmaitosci/matka_z_mede...jerzywalkowiak [access: 1.06.2018].

139 Studia Administracji i Bezpieczeństwa nr 5/2018

A. Mościcki23, they dream, suffer, love, laugh and cry . Sometimes they hide their helplessness with a raised middle finger or a defiant map of scars and tattoos – prison “grooms.”These are the traces of the sentence that they tried to hide on their own, displaying “objection” to all those who seemed to have some authority over them. The girl from Warsaw–Grochów Remand Prison, convicted of the murder of her husband, says: “He humiliated me. Alcohol supposedly makes a man become impotent. My husband was the opposite, after vodka he immediately wanted sex.. . I had to be with him at any time. It did not matter if I wanted to or not. Then it was known that I did not want to. Not in such circumstances. So he raped me. I was raped every day. He dragged me to the basement and satisfied his sick need there. I have endured it for almost 22 years.”24. About the fact that her ex­‑husband was missing, she herself notified the police. She claimed that a car came for him, where he boarded and drove off. But the man’s family did not believe this version. After a few months, the family asked to search the house and property where the former spouses lived. The policemen found the body of her husband in the floor of a hovel. It was lying there for 11 months. Also found was also a metal pipe that she used to deliver death blows. She was sentenced to 12 years in prison for the murder of her ex­‑husband.“People after the trial condemned me: how could she normally live and live in this house for 11 months?!And no one knew what torture I was going through. To this day, I have dreams in which he comes to me. Even after death, it does not give me peace. The fact that I killed him did not change anything. I’m still afraid of him”25.

Woman’s crime and the security of the individual

The sense of being threatened with crime is undoubtedly a criminological, politi‑ cal and social problem. It should be emphasized that the sense of security and the level of crime influence the situation of the individual and interact with each other. The greater the level of crime, the less sense of human security. This is due not only to the fact of being directly threatened with becoming a victim of a crime, but also to the belief that the entities responsible for ensuring safety are improper and ineffective. Therefore, one can speak about objective threats and subjective crime. The objective threat of crime results from statistics, most frequently police, showing the number of crimes committed and the crime rate, i.e., the number

23 A. Mościcki, Dziewczyny z Grochowa, „Detektyw” 2016, wydanie specjalne,No. 2. 24 A. Groza, Polskie morderczynie pokazują twarz, onet.pl [access: 24.02.2014]. 25 Ibidem.

140 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females... of crimes per capita in a given area. The subjective threat of crime, in turn, con‑ nects with the sense of security of individuals or feeling their fear. Such an attitude may or may not result from an increase in crime in the place of residence or stay26. Crime is considered one of the social deviations by which D.T. Herbert understands all behaviours that in any way violate the principles and norms bind‑ ing in a given society27. Research shows that crime increases feelings of anxiety, weakens interpersonal relationships (which may be due to the fact that individuals are afraid of danger, give up staying outside the house after dark), then social con‑ trol weakens, which may lead to an increase in crime28. Such a phenomenon can be observed in the case described earlier. In a woman who is a victim of domestic violence on the part of a man (usually a husband or a cohabitant), a sense of fear and fear for health and life, often also of their children, grows. Out of fear, she does not seek help from others, including those responsible for ensuring security. In the end, the situation begins to overwhelm her, so she commits a crime – she kills the person who turned her life into a nightmare from which he frees himself in this way. Although the number of crimes committed by women is definitely lower than the number of crimes committed by men, the problem should not be completely ignored. The perceived threat of victimization is usually generated by a truly present (real) threat, which makes it increase as a result of own experience or knowledge about crime occurring in a given area. According to P. Jabkowski, it is early or indi‑ rect victimization experiences that constitute the main factor differentiating the sense of security29. As S. Mordwa rightly pointed out, social attitudes are more strongly associated with the real scale of offenses and crimes in the area of residence30. What if the person becomes a victim of crime at home, which should be a refuge, a safe place? This is the case when a woman uses physical and/or psychological violence against her partner (husband or cohabitant). Then at home, he ceases to feel safe, and the fear of mockery or shame makes him not looking for help. The fear of women may also increase as a result of other criminal activities undertaken by women. It has already been mentioned about the social perception of the role of a woman – mother, wife. Changes in the perception of this role of women may occur especially in children. Minors who have fallen victim

26 S. Mordwa, Przestępczość i poczucie bezpieczeństwa w przestrzeni miasta. Przykład Łodzi, Łódź 2013, p. 10. 27 More in D. T. Herbert, The study of delinquency areas: A social geographical approach, „Transactions of the Institute of British Geographers”, No. 1, pp. 472­‑492. 28 J. Czapska, J. Widacki, Bezpieczeństwo lokalne. Społeczny kontekst prewencji kryminalnej, Warsaw, 2001. 29 P. Jabkowski, Poczucie bezpieczeństwa i poziom przestępczości w Poznaniu. Analiza socjologiczna w perspektywie wskaźników jakości życia. https://media.statsoft.pl/_old_dnn/downloads/poczucie_ bezpieczenstwa.pdf [access: 29.08.2018]. 30 S. Mordwa, Przestępczość i poczucie bezpieczeństwa w przestrzeni miasta..., op. cit., p. 215.

141 Studia Administracji i Bezpieczeństwa nr 5/2018 to women’s crime (for example, was raped or beaten), may have a misconception about women, especially when the perpetrator of the violence will be the closest person, namely the mother. In adult life, they may struggle with, for example, a fear of entering into closer relationships between men and women.

Conclusion

The structure of crimes committed by women reflects their position, social role, and environmental influences. They do not work as planned as male criminals. They take advantage of the situations that arise, and the example may be shoplift‑ ing. Women are heavily burdened with such acts as false testimony, insult, false accusation (false blaming of men for sexual acts prohibited by law), falsification of personal data, torturing children, abandoning children, improper performance of parental and guardianship duties, and pimping. Murders made by women in which participation is low usually occur within their immediate environment (the victims are: husbands, lovers, cohabitants, children of the perpetrators). These acts are committed in a similar way to men by blows with a blunt tool. Support roles are accepted during break‑ins­ and robberies (standing as lookouts). In recent years, a very large share of women in terrorist acts has emerged, where a woman is treated like a soldier and has no right to refuse to carry out an order. To sum up, female crime is a social phenomenon that shows a lot of dif‑ ferences compared to male crime31. These differences can be seen in the number of crimes committed, aetiology, as well as in the dynamics and structure of com‑ mitted crimes.

Bibliography 1. Biel K., Przestępczość dziewcząt – rodzaje i uwarunkowania, WAM, Cracow 2009. 2. Budyn­‑Kulik M., Zabójstwo tyrana domowego: studium prawnokarne i wiktymolo‑ giczne, Lublin 2005. 3. Błachut J., Kobiety recydywistki w świetle badań kryminologicznych, Wrocław 1981. 4. Campbell A., Jej niezależny umysł. Psychologia ewolucyjna kobiet, Cracow 2004. 5. Czapska J., Widacki J., Bezpieczeństwo lokalne. Społeczny kontekst prewencji krymi‑ nalnej, Warsaw 2001. 6. Giddlens A., Socjologia, Warsaw, 2004. 7. Groza A., Polskie morderczynie pokazują twarz, onet.pl.

31 www.google.pl.przestepczosci_kobiet [access: 30.05.2018].

142 Natalia Moch, Robert Maciejczyk, The Criminological Aspects of Crimes by Females...

8. Herbert D.T., The study of delinquency areas: A social geographical approach, “Trans‑ actions of the Institute of British Geographers”, No. 1. 9. Jabkowski P., Poczucie bezpieczeństwa i poziom przestępczości w Poznaniu. Ana‑ liza socjologiczna w perspektywie wskaźników jakości życia, https://media.statsoft. pl/_old_dnn/downloads/poczucie_bezpieczenstwa.pdf. 10. Lombroso C., W. Ferrero, Kobieta jako zbrodniarka i prostytutka, Warsaw 1895. 11. Majchrzak Y., Kiedy kobieta zabija, Wyd. Uniwersytetu Kardynała Stefan Wyszyń‑ skiego, Warsaw 2009. 12. Mordwa S., Przestępczość i poczucie bezpieczeństwa w przestrzeni miasta. Przykład Łodzi, Łódź 2013. 13. Mościcki A., Dziewczyny z Grochowa, „Detektyw, wydanie specjalne” 2016, No. 2. 14. Ostrożyński W., Kobieta w świecie przestępstwa, “Przegląd Prawa i Administracji” 1903, Vol. XXIX. 15. Pike L.O., A history of crime in England: illustrating the changes of the laws in the progress of civilisation. 16. M. Budyn­‑Kulik, Zabójstwo tyrana domowego: stadium prawno-karneiwiktymologiczne, Lublin, 2005. 17. Stojer­‑Polańska J., Ciemna strona kobiet, http://www.swps.pl/strefa­‑psyche/ blog/16043­‑ciemna‑strona­ ­‑kobiet. 18. Szczepanik R., Struktura i dynamika przestępczości kobiet, [in:] Resocjalizacja – ciągłość i zmiana, ed. M. Konopczyński, B. M. Nowak, Warsaw 2008.

Web pages 1. www.przestepczoscikobiet.pl. 2. http://www.ikmag.pl/miesiecznik/rozmaitosci/matka_z_mede...jerzywalkowiak. 3. www.google.pl.przestepczosci_kobiet.

143

Aleksandra Szczerba‑Zawada­ Anna Rogalska The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Trafficking in women in a human rights perspective1

Summary Trafficking in human beings is one of the most serious transnational organized crime. Despite increased international efforts and resources from states and international organizations, the number of people falling victim to human trafficking worldwide con‑ tinues to grow. Data on the prevalence of this crime show that the majority of its victims are women and girls – they account for 80% of victims. The above­‑mentioned statistics justify the thesis that this form of human rights violation is gender­‑determined and as such constitutes discrimination against women. The aim of the article to present and analyze sources of international and European law as a response of the international community to the trafficking in women in human rights perspective. To increase the effectiveness of legal instruments on preventing and combating the offence at issue, account should be taken of both the specificity of women as victims of traffick‑ ing and a victim­‑centred approach to the human trafficking crime. Only then anti­‑trafficking measures won’t adversely affect the human rights and dignity of those who have been trafficked.

Keywords: trafficking in women, human rights, discrimination based on gender

Introduction

Trafficking in human beings is an increasingly worrying phenomenon. It is of a structural, rather than of an episodic nature, affecting numbers of individual per year and having extensive social, psychological economic and legal implications. The phenomenon is facilitated by globalisation and by modern technologies2.

1 This research was partially supported by the European Union’s Erasmus+ Program under grant Jean Monnet Module “Inclusive Society Building Through EU Studies: Human Rights Protection in the European Union” (EUIncSo), project number 574570‑EPP­ ­‑1­‑2016­‑1­‑PL­‑EPPJMO­‑MODULE. 2 As pointed by G. Vermeulen, International trafficking in women and children. General report, “Revue internationale de droit penal” 2001, No. 3 (72), p. 837. Studia Administracji i Bezpieczeństwa nr 5/2018

Despite increased international efforts and resources from states and other non­‑governmental institutions, the number of people falling victim to human trafficking worldwide continues to grow. Between 2008 and 2016 the number of human trafficking victims identified on a global scale increased from 30 961 to 66 5203. Data on the prevalence of this crime show that the majority of its victims are women and girls. The Eurostat data on trafficking in human beings indicate that 80 % of registered victims were female (women account for 67%, girls – for 13%)4. Their vulnerability, especially as a consequence of violence, and the demand for their sexual services are two leading factors which contribute to traf‑ ficking in women. The above­‑mentioned statistics justify the thesis that this form of human rights violation is gender­‑determined and as such constitutes discrimina‑ tion against women. Thus the trafficking in human beings in genere, and in women in particular, is one of the most pressing political challenges bit at national and international. Despite its extreme severity, also in terms of human rights violation, it remains one the most difficult phenomena to prevent, detect and combat5. The aim of the article to present and analyze sources of international and European law as an answer of the international community to the trafficking in women in human rights perspective. The human rights approach to human trafficking is vital as a “full appreciation of the new legal landscape around trafficking requires an understating of the changing role and positions of international human rights law”6.

1. Understanding trafficking in women

1.1. Historical background of human trafficking

The crime of trafficking in persons is nowadays considered as form of a modern slavery7 that undermines the basic human rights and human dignity. The history of slavery is long as history of the human civilization. This phenomenon was present in all ancients civilizations: in Babylon – 18th century

3 Human trafficking ­‑ statistics and facts, https://www.statista.com/topics/4238/human‑trafficking/­ [access: 22.09.2018]. 4 Eurostat Statistical working papers, Trafficking in human beings – 2015 edition, Luxembourg 2015, pp. 10­‑11. 5 C. Morehouse, Combating Human Trafficking: Policy Gaps and Hidden Political Agendas in the USA and Germany, Wiesbaden 2009, p. 13. 6 A. T. Gallagher, The International Law of Human Trafficking, New York 2010, p. 3. 7 As confirmed by the European Court of Human Rights, which in the case of Rantsev (application 25965/04, CE: ECHR:2010:0107JUD002596504), concerning a female Russian national being traffic‑ ked for sexual exploitation, held that art. 4 of the European Convention on Human Rights should be extended to cover human trafficking. See also A. Mowbray, European Court of Human Rights: May 2009-April 2010, “European Public Law” 2010, No. 4, pp. 496‑500.­

146 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women...

BC, in Greece – from the 7th century BC, in Rome – from the 2nd century BC8. Although this abomination implies physical and emotional exploitation, the poor situation of slaves was generally accepted for subsequent centuries and traffick‑ ing in human beings continued to expand. In the 1400’s people from Africa were transporting to Portugal and used as slaves. In 1952 Britain joined the slaved trade. During the 1600’s the salve trade was widely spread in European countries includ‑ ing: Spain, the Netherlands, France, Sweden, and Denmark9. Initially, the banning of this cruel practice was focused on so called “white slavery”, i.e. the enslavement of Europeans, mainly white woman or girl – by the use of force, drugs, or by dishonesty – for sexual exploitation. In the course of time European states decided to criminalize all forms of slavery in their internal legal orders, e.g. on 25 March 1807 the British Parliament passed the Abolition of the Slave Trade Act10, under which all manner of dealing and reading in the purchase, sale, barter, or transfer of slaves or of persons intending to be sold, transferred, used, or dealt with as slaves, practiced or carried in, at, or from any part of the coast or countries of Africa was abolished, prohibited and declared to be unlawful11. The international action aimed at preventing and suppressing human traf‑ ficking, with particular attention paid to female victims, started with International Agreement of 18 May 1904 for the suppression of the White Slave Traffic12 that obliged States Parties “to establish or name some authority charged with the coor‑ dination of all information relative to the procuring of women or girls for immoral purposes abroad” (art. 1) and “to have a watch kept, especially in railway stations, ports of embarkation, and en route, for persons in charge of women and girls des‑ tined for an immoral life” (art. 2). It was followed by the International Convention for the Suppression of the White Slave Traffic13, signed in Paris on 4 May 1910. It was the first source of international law14 aimed at ensuring punishment of who‑ ever, “in order to gratify the passions of another person, has procured, enticed, or led away, even with her consent, a woman or girl under age, for immoral purposes” (art. 1) as well those who “has, by fraud, or by means of violence,

8 http://www.historyworld.net/wrldhis/PlainTextHistories.asp?historyid=ac41 [access: 18.07.2018]. 9 On the history of slave trade in Europe see History of human trafficking see: https://sexualexploitatio. weebly.com/history‑of­ ­‑human­‑trafficking.html [access: 8.08.2018]. 10 http://www.nationalarchives.gov.uk/slavery/pdf/abolition.pdf [access: 8.08.2018]. 11 http://abolition.e2bn.org/slavery_113.html [access: 8.08.2018]. 12 https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VII­‑7&chapter=7&clang=_ en [access: 8.08.2018]. 13 amended by the Protocol signed at Lake Success, New York, 4 May 1949, https://treaties.un.org/pages/ ViewDetails.aspx?src=TREATY&mtdsg_no=VII­‑9&chapter=7&clang=_en [access: 08.08.2018]. 14 As noticed by F. Lanzerini, International legal instruments on human trafficking and a victim­‑orientated approach: which gaps are to be filled?, “Intercultural Human Rights Law Review” 2009, No. 4, p. 207.

147 Studia Administracji i Bezpieczeństwa nr 5/2018 threats, abuse of authority, or any other method of compulsion, procured, enticed, or led away a woman or girl over age, for immoral purposes” (art. 2). The idea of combating exclusively white slave trafficking was abandoned thanks to the League of Nations, for which combating trafficking in human beings, especially women, with no discrimination as to race, has become one of the statutory goals. On 11 October 1933 in Geneva, the organization adopted international agreement titled International Convention for the Suppression of the Traffic in Women of Full Age15 which obliged the States Parties to punish all acts of procuring, enticing or leading away a woman or girl even with her consent (art. 1). The successor of the League of Nations – the United Nations – took over and developed a legacy of its predecessor adopting numerous legal and political instruments in order to prevent and combat the crime of human trafficking. Nowadays both states’ and international organization’ approach to this issue is twofold and includes mechanisms both for fighting with human trafficking and for strengthening international cooperation in this field.

1.2. Causes and risk factors of trafficking in women

„Different theorists attribute different factors to the causes of trafficking depend‑ ing on their theoretical approach to the issue of trafficking itself”16. Not going into detail of this doctrinal dispute, suffice to say that there are two categories of factors that contribute to trafficking in women: push factors (such as poverty, unemploy‑ ment, lack of social security, gender inequalities, conflicts and violence) and pull factors (consisting of promises of steady employment, better living conditions and demand for cheap unskilled labour as well as for sexual services). What’s interesting, victimisation and exploitation are often the result of a combination of these factors17. The United States’s State Department after extensive research on the pre‑ vention and combating different forms of trafficking in persons, among the main causes of this crime listed: poverty, the desire for a higher standard of living, weak social and economic structures, unemployment, organized crime, violence,

15 https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VII­‑5&chapter=7&lang=en [access: 8.08.2018]. 16 L. Fergus, Trafficking in women for sexual exploitation,“ACSSA. Briefing” 2005/5, p. 7, https://aifs.gov. au/sites/default/files/publication‑documents/acssa_briefing5.pdf­ [access: 22.09.2018]. 17 S. Voronova, A. Radjenovic, The gender dimension of human trafficking, European Parliamentary Research Service 2016/2, http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577950/EPRS_ BRI(2016)577950_EN.pdf, p. 4 [access: 22.09.2018].

148 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women... discrimination, corruption, political instability, armed conflict, and cultural tradi‑ tions including traditional slavery18. John Cotton Richmond – a founding director of the Human Trafficking Institute – says: “The root cause of human trafficking is traffickers. Stopping the trafficker frees victims and provides them with a fighting chance to improve their situation or benefit from important development programs. Any serious effort to combat human trafficking must include striking at its root cause: the traffickers”19. Sally Moyle, who was the director of the Sex Discrimination Unit of the Human Rights and Equal Opportunity Commission in Australia, among causes of trafficking in woman points also to factors like: discrimination, race and psychological deter‑ minants. She says that „woman will be trafficked, tricked and exploited to the sex industry so long as rich men think it is OK to continue exploiting young women”20. In the European Union most victims (65%) come from the Member States. Collected data showed that sexual exploitation is the main purpose of trafficking in persons, mostly – women and underaged girls (95%). The causes of this phe‑ nomenon are typified by: poverty, difficult economic situation, social and gender inequality, domestic violence, and request for sexual services and forced labour21. One of the main cause of development of trafficking in human beings is the income generated by this organized crime. Although it’s difficult to determine the exact amount of profits gained by traffickers as a result of human trafficking, the United Nations estimates the total market value of illicit human trafficking at 32 billion US dollars22.

1.3. Forms of trafficking in women

Trafficking in women and girls is a specific form of trafficking in human beings, form that targets and affects women and girls – in particular, but not limited to, those in the most disadvantaged positions23. Trafficking in women takes various forms, but the most common, both in Europe and worldwide, is sexual exploi‑

18 L. Fergus, Trafficking...,op. cit., pp. 7­‑8. 19 J. C. Richmond, The Root Cause of Trafficking is Traffickers, https://www.traffickinginstitute.org/the­ ‍‑root­‑cause‑of­ ­‑trafficking‑is­ ­‑traffickers/ access:[ 16.07.2018]. 20 Citation come from L. Fergus, Trafficking...,op. cit., p. 9. 21 A. Radjenocic, Trafficking in Women, https://epthinktank.eu/2015/11/25/trafficking‑in­ ‑women­ ‑2/­ [access: 18.07.2018]. 22 Factsheet on Human Trafficking, https://www.unodc.org/documents/human­‑trafficking/UNVTF_fs_ HT_EN.pdf [access: 18.07.2018].. 23 See Gender Equality Glossary and Thesaurus, http://eige.europa.eu/rdc/thesaurus/terms/1412 [access: 22.09.2018].

149 Studia Administracji i Bezpieczeństwa nr 5/2018 tation. The data published in the Eurostat report (2015 edition) indicate that in Europe 80% of the registered victims of trafficking in persons were female and 69% of them were trafficked for the purpose of sexual exploitation24. The „2016 UNODC Global Report on Trafficking in Persons” shows that most of the victims of trafficking in persons were women (51%) and underage girls (20%); although the rapport underlines that humans are trafficked for many purposes, sexual exploi‑ tation is one of the most frequent. There are many forms of sexual exploitation: prostitution, pornography, pole/lap dancing, stripping, stripping on a web cam, live sex shows, phone sex lines, mail­‑order brides, military prostitution, sexual tourism and forced marriage. It is important to distinguish between trafficking for sexual exploitation and prostitution. Prostitution may be one of the ways of exploiting victims of sex trafficking if the conditions of the crime of human trafficking are met25. The situation may be qualified as a human trafficking if it constitutes at least one of the following acts: “the recruitment, transportation, transfer, harbour‑ ing or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulner‑ ability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation”26. The second most common form of trafficking in women is forced labour. The International Labour Organization has provided data showing that 14.2 mil‑ lion persons worldwide were victims of this criminal activity. Victims are forced to very hard work for long hours and do not receive a salary. Conditions in which they live are unacceptable and dangerous for health, they suffer humiliation and often psychological and physical violence27. Victims of forced labour are recruited by use of violence or intimidation, accumulated debt, withdrawal identity documents and threat of exposure to public services including immigration authorities28. A form of forced labor that particularly threatens women and underage girls is domestic servitude, which is difficult to detect because is placed in private houses29. The very specific form of trafficking in human beings that affects woman and girls exclusively is trafficking for forced or sham marriages. Victims of this type

24 Eurostat Statistical working papers…, op. cit., 10­‑11. 25 N. A. Deshpande, N. M. Nour, Sex Trafficking of Women and Girls,“Reviews in Obstetrics and Gyneco‑ logy” 2013, 6 (1), pp. 22­‑23. 26 Art. 2 (1) of the directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101 (2011). 27 S. Voronova, A. Radjenovic, The gender dimension…, op. cit. 28 https://www.stopthetraffik.org/about‑human­ ­‑trafficking/types‑of­ ­‑exploitation/ [access: 16.07.2018]. 29 Ibidem.

150 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women... of human trafficking may experience physical or sexual violence or are placed under psychological pressure in order to marry. The practice occurs on a worldwide scale and can takes different forms from organized irregular immigration through illegal acquisi‑ tion of benefits in Europe toto the trade of women for marriages in South‑East­ Asia30. Women are also trafficked for the purpose of removal of organs. „Organs can be taken in a number of ways: –– Trade – a victim formally or informally agrees to sell an organ, but are then cheated because they are not paid for the organ, or are paid less than the promised price, –– Ailments – a vulnerable person is treated for an ailment, which may or may not exist, and the organs are removed without the victim’s knowledge, –– Extortion – a victim may be kidnapped from their family and organs removed without consent”31.

Considering that trafficking in women is an evolving phenomenon, it can‑ not be ruled out that victims can be used for many other purposes. The business of trafficking in woman gives a high profit with relatively low risk. It should be emphasized that the data concerning the phenomenon are difficult to estimate, due to the fact that a large number of victims remains undisclosed.

2. Combating trafficking in women in the international systems of human rights protection

2.1. The UN instruments concerning trafficking in women

The United Nations (the UN) has framed various conventions, protocols and trea‑ ties to combat trafficking in human beings, especially in woman32. On July 25, 1951 the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others33 entered into force. The document is limited to suppression of all forms of exploitation of prostitution, including recruiting victims for that purpose. It consolidates the various former white slavery/trafficking agreements expanding their personal scopes of applica‑ tions as it applies to both women and men. The document obliges the States Parties

30 Global Report on Trafficking in Persons 2016, Vienna 2016, p. 32. 31 https://www.stopthetraffik.org..., op. cit. 32 On this issue see i.a. J. N. Aston, V. N. Paranjape, Victims of Human Trafficking: A Human Rights Perspective, https://ssrn.com/abstract=2237914 [access: 31.07.2018]. 33 https://www.ohchr.org/EN/ProfessionalInterest/Pages/TrafficInPersons.aspx [access: 31.07.2018].

151 Studia Administracji i Bezpieczeństwa nr 5/2018 to punish the traffickers (art. 1) as well as those involved in keeping, managing or financing of brothels (art. 2). The States are obliged to undertake measures to check the traffic in persons of either sex for the purpose of prostitution (Article 17). These measures include supervision of employment agencies in order to prevent persons seeking employment, in particular women and children, from being exposed to the danger of prostitution (art. 21) although, in fact, the Convention does not pro‑ hibit prostitution nor demand its criminalization. It requires the States Parties only to take appropriate measures to prevent prostitution34. Relatively small number of ratifications diminish the significance of the Convention35. Another legal act adopted within the framework of the UN on the issue of trafficking in women is the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)36. Article 6 of the CEDAW stipu‑ lates that ”States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women”. Despite the vagueness of this treaty obligation, the CEDAW marks considerable departure from the earlier treaties on issue at stake in several aspect37. The other important shift in the international legal framework on women trafficking was marked by the additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Trafficking in Persons, Especially Women and Children to the Convention against Transnational Organised Crime adopted by the United Nations General Assembly in 2000 that entered into force on December 25 200338. The Protocol is the first international source of law which defines the phenomenon of trafficking as: “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the pur‑ pose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” (art. 3(a)). The rationale behind the Protocol was to create a comprehensive tool

34 More on the Convention A. T. Gallagher, The International…, op. cit., pp. 58­‑64. 35 As assessed by F. Lanzerini, International legal instruments…, op. cit., pp. 208­‑209. 36 https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx [acess: 31.07.2018]. 37 Pointed to by A. T. Gallagher, The International…, op. cit., pp. 64­‑65. 38 https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII‑12­ ­‑a&chapter=18&lang=en [access: 31.08.2018].

152 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women... for combating preventing of human trafficking as well was effective protection of victims of trafficking by establishing mandatory and detailed provisions for them39. In March 2007 the United Nations Office on Drugs and Crime (UNDOC), the UN leader in the fight against international crime, launched the United Nations Global Initiative to Fight Trafficking in human beings (UN. GIFT), which unfor‑ tunately not all member states have ratified40. The organization also undertakes activities in order to raise public aware‑ ness on trafficking in persons and increase solidarity with the victims, such as the Blue Heart Campaign ­‑ a global initiative to fight human trafficking by stimu‑ lating governments, civil society, the corporate sector and individuals alike, to participation in preventive actions. All proceeds to the Blue Heart Campaign go to the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons, Especially Women and Children launched in August 2010 by the UN General Assembly to facilitate cooperation between private and public parties: govern‑ ments, international organizations, NGO’s and individuals in order to help victims of human trafficking. The fund is managed by UNDOC41.

2.2. The actions of Council of Europe in the field of combating trafficking in women

The Council of Europe is one of the most active international organizations in the field of combating trafficking in women. It’s endeavors in this respect can be tracked back to the early 1990’s preceding steps taken by other international orga‑ nizations and states. The Council of Europe’s system of human rights protection is based on the Convention for the Protection of Human Rights and Fundamental Freedoms42, better known as the European Convention on Human Rights, opened for signature in Rome on 4 November 1950 and its additional protocols. The observance of the conventional rights and freedoms is supervised by the European Court of Human Rights, an international court to which every person claiming vio‑ lation of his or her rights has an access after fulfilling certain conditions provided for in the Convention43. The judicial decisions of the European Court of Human

39 As explained by K. E. Hyland, The Impact of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, “Human Rights Brief” 2001, No. 8 (2), p. 38. 40 J. N. Aston, V. N. Paranjape, Victims..., op. cit. 41 https://www.unodc.org/blueheart/en/‑about­ ­‑the­‑blue­‑heart.html [access: 10.09.2018]. 42 https://www.echr.coe.int/Documents/Convention_ENG.pdf [access: 13.09.2018]. 43 For practical guidelines see P. Leach, Taking a Case to the European Court of Human Rights, Oxford­ ‍‑New York 2005.

153 Studia Administracji i Bezpieczeństwa nr 5/2018

Rights are of great importance for the protection of human rights of victims of trafficking in women, unfortunately problem of human trafficking is rather rare subject of its case­‑law and issue arises most often in the context of slavery and forced labor, prohibited under art. 4 of the Convention. The central role in the Council of Europe’s legal framework on human trafficking is played by the Convention on Action against Trafficking in Human Beings44 which came into force on February 1 2008, following a series of other soft law initiatives. The main purpose of this international agreement was to pre‑ vent and combat trafficking in human beings, while guaranteeing gender equality, protect the human rights of victims and promote international cooperation against trafficking in human beings (art. 1(1)). The forms of exploitation covered by the Convention are, at a minimum, sexual exploitation, forced labour or services, slav‑ ery or practices similar to slavery, servitude and the removal of organs (art. 4 (a)). Although the Convention highlights its relationships with the UN Traf‑ ficking Protocol there is a difference between the two. The Convention applies to all forms of trafficking: national, international, linked or not to organized crime and is based on human right approach, while the Palermo Protocol emphasizes crime organized aspects of human trafficking45. The main added value of the Convention is its human rights perspective and focus on victim protection. The implementation if the Convention is monitored by the Group of Experts on Action against Trafficking in Human Beings (GRETA)46. In addition to legally binding documents, the Council of Europe also adopted many soft law instruments devoted to the protection of rights of victims of human trafficking for example: –– Recommendation R (85) 11 to the Member States on the position of the victim in the framework of criminal law and procedure, adopted by the Committee of Ministers on 28 June 1985. The document con‑ tains guidelines for the police and other enforcement bodies to improve the victims’ situation and protect their interests at every stage of the criminal proceedings47; –– Recommendation R (2002) 5 on the protection of women against vio‑ lence, adopted by the Committee of Ministers on 30 April 2002, which defines the term “violence against women”. The recommendation

44 https://rm.coe.int/168008371d [access: 22.09.2018]. 45 A. Florczak, Handel ludźmi [in:] A. Florczak, A. Lisowska (red.), Organizacje międzynarodowe w dzia‑ łaniu, Wrocław 2014, p. 298. 46 More on this issue see GRETA, https://www.coe.int/en/web/anti‑human­ ‑trafficking/greta­ [access: 22.09.2018]. 47 K. Starmer, A. Hopkins, Human Rights in the Investigation and Prosecution of Crime, Oxford 2009, p. 451.

154 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women...

underlines that this concept encompasses such practices as: trafficking in women for the purposes of sexual and economic exploitation and sex tourism or marriages contracted and forced pregnancy. It was empha‑ sized that listed practices constitute a violation of human rights48; –– Recommendation R (2006) 8 on assistance to crime victims, which is focused on the principal procedural rights of victims in the criminal justice system49.

2.3. Combating trafficking in the European Union

In the field of combating trafficking in women, the European Union is a very active entity and its approach to the problem is multi­‑faceted, including organizational and legal means of prevention and combating this crime. The EU key legal instruments to tackle trafficking in women “are based on a victim­‑centred approach and recognise that support and protection of victims, as well as prevention should be gender­‑specific”50. The issue of trafficking in human beings for the first time was introduced in the Treaty on European Union of 7 February 199251, under the third pillar: justice and home affairs. In May 1999, the European Union committed member states to fight against trafficking in human beings in Title VI of the Amsterdam Treaty52. Nowadays, Articles 79 and 83 of the Treaty on the functioning of the European Union53 refer to combating trafficking in human beings, in particular women and children. The prohibition of trafficking in human is expressed also in Article 5 (3) of the EU Charter of Fundamental Rights of December 7, 200054. Indirectly to trafficking in persons refers Article 5 (1) of the Charter, which states that “no one shall be held in slavery or servitude” and art. 5(2) stipulating that “no one shall be required to perform forced or compulsory labour”. However, as the protection of victims of human trafficking at the inter‑ national level, including the EU level, is difficult to enforce, the EU concentrates on harmonization of legal orders of the Member States through directives. The most important and the most comprehensive is directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.

48 Eradicating violence against children: Council of Europe actions. Strasbourg 2008, p. 40. 49 K. Starmer, A. Hopkins, Human..., op. cit., p. 452. 50 As highlighted by S. Voronova, A. Radjenovic, The gender dimension …, op. cit., p. 1. 51 OJ C 191 (1992). 52 OJ C 340 (1997). 53 OJ C 326 (2012). 54 OJ C 326 (2012).

155 Studia Administracji i Bezpieczeństwa nr 5/2018

Prevention, prosecution and protection of victim’s rights is the main objective of the directive. This source of secondary legislation underlines the global charac‑ ter of the trafficking in persons, the importance of cooperation and coordination between Member States and comprehensive and human rights‑based­ approach to the fight against trafficking in human beings, especially in women. The direc‑ tive establishes the definition of crime of trafficking in human beings (art. 2) and requires its punishment at national level, highlighting the necessity to ensure that each form of trafficking is tackled with the most efficient measures. The minimum penalty for offences concerning trafficking in human beings should be, in accor‑ dance with art. 4 (1) of the directive, at least five years of imprisonment. A catalog of directives which directly or indirectly relate to the problem of human trafficking and aimed at the prevention or criminalization of this offence includes also: –– Council Directive 2004/80/EC of 29 April 2004 relating to compensa‑ tion to crime victims55, –– Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Mem‑ ber States for returning illegally staying third‑country­ nationals56, –– Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third‑country­ nationals57, –– Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third‑country­ nationals or stateless persons as beneficiaries of international pro‑ tection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted58, –– Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order59, –– Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA60.

55 OJ L 261 (2004). 56 OJ L 348 (2008). 57 OJ L 168 (2009). 58 OJ L 337 (2011). 59 OJ L 338 (2011). 60 OJ L 315 (2012).

156 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women...

3. Trafficking in women as a violation of human rights

3.1. Rights and freedoms violated by trafficking of human beings

Trafficking in women can be considered in various contexts: illegal migra‑ tion, including people smuggling61, forced labor, sexual abuse or violence against women. All of them reveal the nature of this crime as a brutal violation of victims’ rights and freedoms, such as right to liberty and security and freedom of move‑ ment. Because of the above‑mentioned­ human trafficking has been recognized as “a threat to the democratic way of life and the basic rule of law”62. The right to personal liberty lies at the center of human rights as it is con‑ nected to the essentialist rudiments of an individual’s physical freedom. The essence of this right is the ability of the individual to choose his or her own way of life and shape his or her own destiny, what the person in the hands of human traffickers is deprived of. As the victims often experience physical and psychological violence, torture and degrading treatment63 human trafficking undermines women’s freedom from external coercion in the use of one’s good or faculties and the their status of not being the property or chattel of another as the core of the right at issue64. Due to its relevance for human well­‑being and integrity the right to liberty and security has been regulated in many international treaties on human rights, including the constitution of human rights – Universal Declaration of Human Rights of 194865. In most dramatic cases trafficking in women could breach of one of the most fundamental rights – the right to life. It is protected i.a. in Article 3 of the Universal Declaration of Human Rights in Article 2 Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and in Article 6 of the International Covenant on Civil and Political Rights and in the Constitu‑ tions of individual States. The interesting classification of rights violated as a result of trafficking in human beings, including women, was proposed by prof. Bistra Netkova. She divided the process of human trafficking into three stages – the pre­‑trafficking stage, the trafficking stage and the post‑trafficking­ stage. For each stage, she assigned human rights violation to perpetrators. In the pre­‑trafficking stage prof. Netkova

61 On this crossborder crime with respect to the issue of human trafficking in the EU see more detail ana‑ lyzes of M. Ventrella, The Control of People Smuggling and Trafficking in the EU. Experiences from the UK and Italy, Farnham 2010. 62 More on this C. Morehouse, Combating Human Trafficking…, op. cit., p. 13. 63 O. Gajic­‑Velijanoski, D. E. Stewart, Women Trafficked into Prostitution: Determinants, Human Rights and Health Needs, “Transcultural psychiatry” 2007/ 9, p. 339. 64 Y. Olomojobi, Right to Personal Liberty in Nigeria, https://ssrn.com/abstract=3062580 or http://dx.doi. org/10.2139/ssrn.3062580 [access: 12.09.2018]. 65 https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf [access: 12.08.2018].

157 Studia Administracji i Bezpieczeństwa nr 5/2018 points to breaking the prohibition of discrimination both by the state itself and by private entities. At the trafficking stage human rights violations is made by crimi‑ nals using the victim. The rights violated can be: the right to life, the prohibition of slavery and forced labor, the prohibition of torture and other cruel, degrading or inhuman treatment or punishment. In this case, the State violates the victims’ rights indirectly because of its failure to establish effective measures in area of combating trafficking in human beings. In the post‑trafficking­ stage there is a violation of the right to privacy, the right to liberty and security of person and freedom of move‑ ment, most often committed by state officials66.

3.2. Rights of victims of human trafficking

A human rights­‑based approach can be an effective factor for eliminate discrimi‑ natory practices against victims of trafficking67 and can reduce resistance of the victims to cooperate with law enforcement agencies. The hesitancy of the victims of trafficking in persons, including women, to contact law enforcement agencies, such as police or border guards, results from victims’ unregulated legal status. What’s more they have often committed crimes under coercion or being threatened by traffickers what compounds their fear to contact officers and other officials and even non­‑governmental organizations. The above­‑mentioned leads to clos‑ ing their way to enforce their rights. States, unfortunately, tend to treat victims of human trafficking as criminals. It is extremely important to remember that the qualification of such persons as victims, not offenders, helps to remove the stigma associated with human trafficking. Among international legal instruments that apply the human rights per‑ spective to human trafficking is the Palermo Protocol. This document grants many human rights to the trafficked persons. Moreover, it has become the point of ref‑ erence for subsequent legal instruments in this respect. Under the Protocol, the victim should be protected from incrimination for illegal entry into the territory of the country of destination or other unlawful activities which are related to the fact of being a victim of trafficking in persons. The Protocol guarantee also, in Article 6, the right to safety which means that the countries should protect victims while the lawsuit against the traffickers and ensure them proper and safe place to live as well as the right to privacy that protects the identity of the victims with regard to

66 See M. Pawłowski, Międzynarodowe standardy ścigania handlu ludźmi i ochrony jego ofiar, Warszawa 2014, pp. 17­‑18. 67 Ibidem.

158 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women... excluding the media and the public from the court proceeding. The victims of traf‑ ficking under the Protocol have also the right to information in a understandable language during any court or administrative proceedings the persecution of the traffickers. The right to legal representation imposes on the State the obligation to provide the victims of human trafficking with legal assistance, counseling, informa‑ tion about their legal rights. The right to be heard in court means that the victims are entitled to active participation during the court proceedings and can provided infor‑ mation for the prosecution of the traffickers. A huge impact on the improvement of the situation of trafficked persons has the right to compensation for damages during exploitation. Another important right is the right to assistance according to which trafficked persons should be provided with assistance in medical, physical, psychological and social recovery and also with residence or housing, legal rights, education, employment and training. The right to seek residence requires the States to permit the victims of trafficking to reside temporarily or permanently in their territory (art. 7) and in case of absence of such intention to ensure them proper protection during their return to the country of origin (the right to return, art. 8)68. Also the EU approach to human trafficking is characterized by the rec‑ ognition of the gender­‑specific nature of trafficking in human beings and placing the victim and its human rights at the centre. EU rights of victims of trafficking in human beings, including women, include i.a.: right to assistance and support as soon as the competent authorities have reasonable grounds to believe that they might have been trafficked, right to appropriate protection based on an individual risk assessment prior to criminal proceedings, right to specific treatment aimed at preventing secondary victimization during and after criminal proceedings, right to access existing compensation schemes for victims of violent intentional crimes or right to access to existing programmes or schemes aimed for them to recover to a normal life, including where appropriate courses designed to improve their professional skills, or preparation of their assisted return to the country of origin. Among the rights of victims’ of human trafficking guaranteeing in the EU law the very important one is the „right to reflect”. The concept of “time to think” refers to the time intended to allow a third‑country­ national who is a victim of human traf‑ ficking to make a decision on cooperation with law enforcement agencies. During the reflection period victims cannot be expelled from the territory of the Member State as well as they are entitled to receive at least emergency medical treatment and specific services, including psychological services for the most vulnerable69.

68 More detailed commentary on the Protocol provisions see J. N. Aston, V. N. Paranjape, Victims..., op. cit. 69 For more detail analysis of rights grated to victims of trafficking in human beings in the EU law seeThe EU rights of victims of trafficking in human beings, Luxembourg 2013.

159 Studia Administracji i Bezpieczeństwa nr 5/2018

Conclusion

Human trafficking is one of the most serious transnational organized crime. Despite its detrimental effects – it is a crime against humanity that violates human rights and human dignity and expose human beings to exploitation70 – it is very difficult to prevent, detect and punish traffickers. Because of its concealed nature it is also very difficult, if not impossible, to assess an exact number of victims of human traf‑ ficking. Nevertheless there is no doubt that women constitute majority of victims of human trafficking. Their position of vulnerability in this respect is a result of femi‑ nisation of poverty, gender discrimination and a lack of educational and professional opportunities in their countries of origin71. The international, European and national legal instruments on preventing and combating human trafficking should take into account this specificity of trafficking in women in order to be more accurate and, in consequence, more effective. This must include also a victim‑centred­ approach in dealing with the human trafficking crime. Only then anti‑trafficking­ measures won’t adversely affect the human rights and dignity of those who have been trafficked. As shown in the analysis above, the modern international and European legal instru‑ ments, designed to prevent and criminalize the trafficking in human beings, including women, respond to this need as they are based on human rights approach and recog‑ nize the gender­‑specific nature of this offence.

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70 As characterized by J. N. Aston, V. N. Paranjape, Victims..., op. cit. 71 G. Vermeulen, International trafficking…, op. cit., p. 840.

160 Aleksandra Szczerba-Zawada, Anna Rogalska, Trafficking in women...

8. Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third‑country­ nationals, OJ L 348 (2008). 9. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third‑country­ nationals, OJ L 168 (2009). 10. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101 (2011). 11. Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third­‑country nationals or stateless persons as benefi‑ ciaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, OJ L 337 (2011). 12. Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order, OJ L 338 (2011). 13. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315 (2012). 14. Eradicating violence against children: Council of Europe actions. Strasbourg 2008. 15. European Court of Human Rights, case of Rantsev. application 25965/04, CE: ECHR:2010:0107JUD002596504. 16. Eurostat Statistical working papers, Trafficking in human beings – 2015 edition, Luxembourg 2015. 17. Factsheet on Human Trafficking, https://www.unodc.org/documents/human‑trafficking/­ UNVTF_fs_HT_EN.pdf. 18. Fergus L, Trafficking in women for sexual exploitation, “ACSSA. Briefing” 2005, 5, https://aifs.gov.au/sites/default/files/publication‑documents/acssa_briefing5.pdf.­ 19. Florczak A., Handel ludźmi (in:) Florczak A., Lisowska A. (red.), Organizacje międzynarodowe w działaniu, Wrocław 2014. 20. Gajic­‑Velijanoski O., Stewart D. E., Women Trafficked into Prostitution: Determinants, Human Rights and Health Needs, “Transcultural psychiatry” 2007, 9. 21. Gallagher A. T., The International Law of Human Trafficking, New York 2010. 22. Gender Equality Glossary and Thesaurus, http://eige.europa.eu/rdc/thesaurus/terms/1412. 23. Global Report on Trafficking in Persons 2016, Vienna 2016. 24. GRETA, https://www.coe.int/en/web/anti‑human­ ­‑trafficking/greta. 25. http://abolition.e2bn.org/slavery_113.html. 26. http://www.historyworld.net/wrldhis/PlainTextHistories.asp?historyid=ac41. 27. http://www.nationalarchives.gov.uk/slavery/pdf/abolition.pdf. 28. https://sexualexploitatio.weebly.com/history‑of­ ­‑human­‑trafficking.html. 29. https://www.stopthetraffik.org/about­‑human­‑trafficking/types‑of­ ­‑exploitation/. 30. https://www.unodc.org/blueheart/en/‑about­ ­‑the­‑blue­‑heart.html. 31. Human trafficking ­‑ statistics and facts, https://www.statista.com/topics/4238/ human­‑trafficking/. 32. Hyland K. E., The Impact of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, “Human Rights Brief” 2001/8 (2).

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33. International Agreement for the Suppression of the White Slave Traffic, signed at Paris on 18 May 1904, amended by the Protocol signed at Lake Success, New York, 4 May 1949, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no= VII‑7&chapter=7&clang=_en. 34. International Convention for the Suppression of the Traffic in Women of Full Age, Geneva, 11 October 1933, https://treaties.un.org/pages/ViewDetails.aspx?src= TREATY&mtdsg_no=VII-5&chapter=7&lang=en. 35. International Convention for the Suppression of the White Slave Traffic, signed at Paris on 4 May 1910, amended by the Protocol signed at Lake Success, New York, 4 May 1949, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no= VII-9&chapter=7&clang=_en. 36. Lanzerini F., International legal instruments on human trafficking and a victim‑orientated­ approach: which gaps are to be filled? “Intercultural Human Rights Law Review” 2009, 4. 37. Leach P., Taking a Case to the European Court of Human Rights, Oxford­‑New York 2005. 38. Morehouse C., Combating Human Trafficking: Policy Gaps and Hidden Political Agendas in the USA and Germany, Wiesbaden 2009. 39. Mowbray A., European Court of Human Rights: May 2009-April 2010, “European Public Law” 2010/4. 40. Olomojobi Y., Right to Personal Liberty in Nigeria, https://ssrn.com/abstract=3062580 or http://dx.doi.org/10.2139/ssrn.3062580. 41. Pawłowski M., Międzynarodowe standardy ścigania handlu ludźmi i ochrony jego ofiar, Warszawa 2014. 42. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, New York, 15 November 2000 https://treaties.un.org/Pages/View‑ Details.aspx?src=IND&mtdsg_no=XVIII‑12­ ­‑a&chapter=18&lang=en. 43. Radjenocic A., Trafficking in Women, https://epthinktank.eu/2015/11/25/trafficking‑ in-women‑2/. 44. Richmond J.C., The Root Cause of Trafficking is Traffickers, https://www.traffickin‑ ginstitute.org/the­‑root­‑cause­‑of­‑trafficking­‑is­‑traffickers/. 45. Starmer K., Hopkins A., Human Rights in the Investigation and Prosecution of Crime, Oxford 2009. 46. The Amsterdam Treaty, OJ C 340 (1997). 47. The Charter of the Fundamental Rights of the European Union, OJ C 326 (2012). 48. the Treaty on European Union, OJ C 191 (1992). 49. The Treaty on the functioning of the European Union, OJ C 326 (2012). 50. Universal Declaration of Human Rights, https://www.ohchr.org/EN/UDHR/Docu‑ ments/UDHR_Translations/eng.pdf. 51. Ventrella M., The Control of People Smuggling and Trafficking in the EU. Experiences from the UK and Italy, Farnham 2010. 52. Vermeulen G., International trafficking in women and children. General report, “Revue internationale de droit penal” 2001/3 (72). 53. Voronova S., Radjenovic A., The gender dimension of human trafficking, “European Parliamentary Research Service” 2016/2, http://www.europarl.europa.eu/RegData/ etudes/BRIE/2016/577950/EPRS_BRI(2016)577950_EN.pdf.

162 Krzysztof Gorazdowski The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Death with Dignity: The Legal Dilemmas of Euthanasia

Summary Death with dignity is very often equated with euthanasia and assisted suicide, which are regulated as prohibited acts in articles 150 and 151 of the Polish Penal Code Act of 6 June 1997. However, the media discussion between supporters and opponents of legalization of euthanasia, which is heating up especially when there are cases of terminally ill people who publicly demand the right to a dignified death without pain and suffering, which would entail the decriminalization of euthanasia and assisted sicide in national law. In the European Union, there are no uniform solutions in this respect and each of the mem‑ ber countries can adapt its internal legislation to its own legal regulations. The article points to the definitions and types of death as a legal and medical event, an analysis of existing legal regulations in Polish law related to euthanasia and its variants including assisted sui‑ cide. Additionally, it clarifies important legal doubts related to the existence of the right to a death with dignity as a normative category resulting from the Constitution and a cautious approach of the direction of changes in law in this area in the nearest future – proposing the adoption of a specific legal model due to the approach to the legalization of euthanasia within the European Union and changes in views on euthanasia in the opinion and public awareness in recent times.

Keywords: death, dignity, euthanasia, murder, assisted suicide, mercy killing, legal regula‑ tion of euthanasia

Introduction

Most of us prefer not to think about death and about situation in which we can get affected by an incurable disease, be connected to alife­‑supporting machines under persistent therapy, or be deprived of the ability to function on a daily basis and to decide for ourselves to leave this world, or leave this decision to doctors, lawyers, or close relatives. Studia Administracji i Bezpieczeństwa nr 5/2018

The wish for death with dignity and the fear of suffering a further unwanted life are existential dilemmas which often invade the public debate due to for example the fate of Alfie Evans who touched public opinion in Great Britain and beyond. The child was admitted to the Alder Hey Hospital in Liverpool in November 2017 with a recognized neurodegenerative disease of unknown eti‑ ology that led to the irreversible destruction of nearly 70 percent of the brain surface by losing the white matter of the brain (tissue that lies under the brain and connects the brain). In fact, the brain of this six‑month­ ‑old­ child was only com‑ posed of water and cerebrospinal fluid due to degradation in the disease process. In the spring of 2018, the medical team decided that, in the absence of any hope to improve the child’s vegetative state, continuing the persistent therapy did not make any sense. A decision was made to disconnect life support equipment. The High Court in London and the Court of Appeal of England and Wales approved this decision after the legal battle. It was then that the father of the child, Thomas Evans, approached the public to transport the small patient to Italy and reconnect the devices at the Roman hospital Bambino Gesu. After the disconnecting of the life support devices on 23 April 2018, the child was still alive for 5 days. The case of Alfie Ewans caused quite a stir in the world. Hundreds of people protested in front of the hospital. In defense of the boy’s life, signatures were collected under petitions to Queen Elizabeth II and the British Parliament. Pope Francis I spoke to those who sought to transfer the boy to Italy. There was even a social movement named Alfie’s Army which sought to maintain the child’s life at any price1. In the media, especially on the Internet, the slogan “Save Alfie Evans” appeared.

1. The death of a human being

Thanatology or the science of death indicates that the death of the organism is the irreversible cessation of its activities, especially brain activities2. The cessation of life is of great importance especially in the aspect of organ transplantation and resuscitation issues (orthotanasia). Human life lasts as long as coordinated sys‑ tems work: circulation, respiration and the central nervous system. The cessation of one of them usually leads to death. The nervous tissue dies on average after 3­‑4 minutes from the lack of oxygen. After stopping your breathing you can keep your heart active for several minutes; up to 30 minutes in healthy adults and up

1 J. Bielecki, Dylematy godnej śmierci, „Rzeczpospolita Plus Minus”, 12‑13.5.2018,­ No. 109 (11049), pp. 4‑6.­ 2 T. Marcinkowski, Medycyna sądowa dla prawników, Warszawa 1993, p. 111.

164 Krzysztof Gorazdowski, Death with Dignity... to 2 hours in newborns3. Clinical death as a result of cessation of circulation and respiration is characterized by such symptoms as: reduced muscle tone, passive body position, lack of awareness and reflexes, lack of respiratory movements, heart rate and tones, pale body shells and body cooling. There should be distinction between clinical death and apparent death, where cardiovascular and respiratory functions do not subside so much, which is at a very low level (the so­‑called vita minima). Clinical death, which can be a revers‑ ible state and usually lasts about 10 minutes, is already close to biological death which is characterized by irreversible changes in organs important to stay alive, especially in the brain tissue. In medicine, attempts have been made to determine the time when it is still possible to restore the full efficiency of a specific organ after clinical death. This time for the brain is 8­‑10 minutes; for the heart, 15­‑30 minutes; for liver, 30‑35­ minutes; for lungs, 60 minutes; for kidneys, 90‑120­ min‑ utes4. Understanding the phenomenon of death, and in particular its determination, is also associated with the intended organ collection for the purpose of transplant‑ ingand the development of transplant medicine. According to Art. 4, para. 1 of the Act of 1 July 2005 on the procure‑ ment, storage and transplantation of tissue and organ cells (Dz. U. 2017.1000 of 2017.05.22) –cells, tissues, and organs may be taken from human corpses upon death in a manner specified in Act of 5 December 1996 on the professions of a doctor and dentist (Dz. U. 2018.617 of 2018.03.26) for diagnostic, therapeutic, scientific and didactic purposes. It is worth noting that the Act of 24 February 2017 amending the Act on the professions of doctor and dentist and the Act on the col‑ lection, storage and transplantation of cells, tissues and organs (Journal of Laws, item 767) moved matters related to the statement of brain death from Act of 1 July 2005 on the procurement, storage and transplantation of tissue and organ cells (Journal of Laws of 2015, item 793) to the Act on the professions of doctor and dentist and changed the way and criteria for determining brain death5. Currently, in accordance with Art. 43a of the Act, the criteria are: 1. permanent irreversible cessation of brain function (brain death), 2. irreversible cardiac arrest prior to organs procurement, – if determined by the specialists referred to in paragraph 5 or 6 with proceedings in accordance with current medical knowledge, taking into account the method and

3 Ibidem, p.112. 4 S. Raszeja, W. Nasiłowski, J. Markiewicz, Medycyna sądowa Podręcznik dla studentów, Warszawa 1993, p. 43. 5 https://www.infor.pl/prawo/nowosci‑prawne/754506,­ Zmiana‑zasad­ ­‑orzekania­‑o­‑smierci‑mozgu­ ­‑przez­ ‍‑lekarzy‑w­ ­‑2017­‑r.html [access:15.08.2018].

165 Studia Administracji i Bezpieczeństwa nr 5/2018 criteria referred to in paragraph 3. Thus, a permanent irreversible cessation of brain function (brain death) is unanimously stated by two specialist doctors holding the second degree of specialization or specialist title, including one specialist in the field of anesthesiology and intensive care or neonatology, and the second specialist in the field of neurology, pediatric neurology or neurosurgery. A irreversible cardiac arrest preceding organ collection is unanimously confirmed by two specialist doc‑ tors holding the second degree of specialization or the title of specialist, including one specialist in anesthesiology and intensive care or neonatology, and the sec‑ ond in emergency medicine, internal medicine, cardiology, pediatric cardiology, or pediatrics. A permanent irreversible cessation of brain function (brain death) or irreversible cardiac arrest prior to organ procurement is tantamount to death. The method and criteria for the determination of permanent irreversible cessation of brain function (brain death) and irreversible cardiac arrest prior to organ procure‑ ment are determined by the Minister of Health by way of an announcementin one of the official journals of the Republic of Poland,Monitor Polski. Article 3 of the Act of 24 February 2017 indicates that, pending the announcement of the method and criteria for the determination of permanent irre‑ versible cessation of brain function (brain death) and irreversible cardiac arrest prior to procurement of organs on the basis of Art. 43a, paragraph 3 of the Act changed in Art. 1, the announcement of the Minister of Health of 17 July 2007, the way and procedure for determining brain death still applies on the criteria and manner of determining the permanent and irreversible cessation of brain function (MP 2007, No. 46, item 547), and thus until the new Minister of Health will issue a new notice and the old criteria will be used to determine the permanent irrevers‑ ible cessation of brain function (brain death) and irreversible cardiac arrest. An announcement by the Minister of Health reads that “death is a dis‑ sociated phenomenon, it encompasses tissues and systems at different times. This causes disintegration of the system as a functional wholeness and subsequent, per‑ manent functions will fall out in a different time sequence. Some functions of the system or parts of it may persist for some time in isolation from other previously dead ones. The dissociated nature of the phenomenon is manifested in a special way in situations in which death has already taken place in the brain, while blood circulation is still preserved. In these cases, the state of the brain determines the life or death of a human being. In most clinical cases, the swelling of the brain resulting from its damage grows from the side of the suprenaline space, and the brain stem dies as the last part of the brain. In such situations, the factor that quali‑ fies brain death is the irreversible lack of brainstem function. Permanent brainstem

166 Krzysztof Gorazdowski, Death with Dignity... injury is based on the lack of specific nerve reflexes and lack of spontaneous respiratory function. Such proceedings, based primarily on clinical trials, are pos‑ sible in the majority of cases, and its result is certain. In special circumstances, the examination of neural reflexes is not fully feasible (e.g., craniofacial injuries), and their interpretation is difficult (e.g., poisoning, pharmacotherapy). Moreover, in the primary sub­‑naonal brain damage, its death requires special diagnostic treat‑ ment, because clinical symptoms of permanent brain stem damage do not mean in this case simultaneous irreversible damage to the entire brain. In such cases, the suspicion of brain death must be confirmed by instrumental studies. The constant expansion of knowledge and medical experience, the imple‑ mentation of new medical methods and technologies is a continuous process. This allows for the introduction of increasingly better, more reliable methods of diag‑ nostic and therapeutic procedures. Incorporating instrumental methods into the procedures for determining brain death is a valuable complement to clinical trials, and in some cases, also decisive. Instrumental, electrophysiological, or vascular examinations are used in injuries of the primary brain (e.g., direct trauma) and sec‑ ondary (e.g., hypoxia), and are also indispensable in special cases of diagnosis of brain death in children. Many years of medical practice has clearly demonstrated that in selected cases, departing from the concept of death of a human being as a whole in favor of the death of the human brain as a whole, is justified from a sci‑ entific and practical point of view. In the light of advances in medicine and the dynamic development of intensive care, such a position turns out to be absolutely necessary and right. Despite the huge possibilities of saving human health and life currently offered by modern medicine, there are limits to their use, and one of them is the brain death6. In addition to cerebral death, there are also some artificial divisions for pulmonary and cardiac death. Pulmonary death occurs when impaired lung func‑ tion leads to hypoxia and the accumulation of excess carbon dioxide in it. Cardiac death may be caused by damage to the myocardium or located in the heart of the internal conductive system7. This division however is not important for the recognition of a man dead from brain death (brain stem) which differs from the classical definition of biological death, in which the permanent cessation of blood circulation leading to the death of all tissues plays an important role.

6 Zał. do obwieszczenia Ministra Zdrowia z dnia 17 lipca 2007 r. w sprawie kryteriów i sposobu stwier‑ dzenia trwałego i nieodwracalnego ustania czynności mózgu („Monitor Polski” No. 46 item 547), I Za‑ łożenia ogólne. 7 T. Marcinkowski, op. cit., p. 116.

167 Studia Administracji i Bezpieczeństwa nr 5/2018

2. Euthanasia in criminal law

The word euthanasia comes from the Greek language (euonymy, gentle, tanatos – death). According to Kopalinski euthanasiain contrast to orthotanasia and mercy killing, means shortening the patient’s suffering in prolonged agony by administer‑ ing a lethal dose of painkiller8. Penal regulations of euthanasia boil down to three models. In the first model, euthanasia is qualified for basic types of homicide (USA, Great Britain, France); in the second model, it can create the privileged type of homicide (Austria, Germany, Italy, Poland), and in the third and extreme model, euthonasia can be legalized, provided that the contractor – the perpetrator is a person entitled (doctor), following a specific procedure (Belgium, the Netherlands, and Luxembourg)9. In the world, euthanasia is also acceptable in Colombia since 1997, after a judgment of the Constitutional Court, and in Canada, after its Supreme Court judgment of 2015 that opened the road to adopt, a year later, legislation on assisted death for the irreversibly ill10. Supported suicide is allowed in Oregon – which regulated the issue of suicide assistance in the Death with Dignity Act adopted in a referendum in November 199411­‑ and in some other states the of the United States of America: California, Colorado, Montana, Vermont, and Washington State. In Switzerland, euthanasia is punishable, but the law allows assistance in suicide when the patient is terminally incapacitated12. Help in suicide is provided in Switzerland by an organization called Dignitas around which a lot of controversy has arisen. Assisted suicide is per‑ formed by drinking a solution of pentobarbital sodium. A scandal erupted in 2005 around the death, assietd by Dignitas, of a 69‑year­ ­‑old German citizen who showed a health card with the diagnosis of liver cirrhosis. As a result of autopsy, it was determined that the patient was completely healthy – she suffered only depression. The health card has been previously falsified. A doctor who helped the suicide patient committed suicide after hearing the news. Most of the patients of

8 http://www.slownik‑online.pl/kopalinski/25A78697A79C18F2C12565BE0043A0A3.php­ [access: 15.08.2018]. 9 Kodeks karny Komentarz, eds. A. Grześkowiak, K. Wiak, Warszawa 2017, wyd. 4, p. 150. 10 https://natemat.pl/182837, kanada‑legalizuje­ ‑eutanazje­ ‑dla­ ­‑ciezko‑i­ ­‑nieodwracalnie‑chorych­ [access: 15.08.2018]. 11 Zob. M. Szeroczyńska, Eutanazja i samobójstwo wspomagane na świecie, Kraków 2004, pp. 224, 361‑362,­ and K. Poklewski‑Koziełł,­ Sąd Najwyższy Stanów Zjednoczonych Ameryki wobec eutanazji, „Palestra” 1997, No. 11/12, p. 12. 12 O. Guillod, A. Schmidt, Assisted suicie under Swiss law, „European Journal of Health Law” 2005, No. 12, p. 26.

168 Krzysztof Gorazdowski, Death with Dignity... the organization are German citizens who travel to Switzerland in large numbers to part with their lives13. Active euthanasia has been also allowed, since 1996, in the Northern Ter‑ ritory of Australia. The legislative assembly of the Northern Territory passed an act allowingthe possiblity to end, under medical supervision, the lives of people who are terminally ill14. In Polish law, euthanasia is a privileged type of murder due to the special motivational situation of the perpetrator of the act, who commits it at the request of the victim and under the influence of compassion. According to Art. 150 of the Penal Code, euthanasia is the killing of a person by acting or abandoning and for the characterization of an act it is required that the killing takes place at the request of the victim and under the influence of compassion for him or her. The wording of this provision has been reproduced from Art. 150 of the Penal Code previously in force of 19 April 1969 and Art. 227 of the Penal Code of 11 July 1932. In Art. 150 of the Penal Code of 6 June 1997, both constitutive elements determine the assumption of criminal responsibility of the perpetrator. If the action of the offender is motivated by a different motive than compassion or pity, then it excludes the fulfillment by the perpetrator of such an act of the subject of the act of Art. 150, para. 1 of the Penal Code. However, not every murder under the influence of compassion and on demand can be included into this privileged form. A murder committed at the request of a mentally ill person (insane), a person with a drowsy illness, or a minor is considered a basic type of murder under Art. 148 of the Penal Code. With regard to euthanasia, there must be serious motives for the demand for homicide (a high degree of suffering). The demand for deprivation of life expressed by the victim “is to be a fully conscious, unquestionable, unconditional act of free will in the understanding of civil law”15. Case law emphasized that, in the light of the disposition of art. 150, para. 1 of the Penal Code, such a demand is a form of expressing the will which is char‑ acterized by decisiveness, personality, one­‑sidedness, and the compassion of the perpetrator is an expression of his or her psychological relation to the victim with distinction between compassion and pity for the suffering person16. The demand, in contrast to consent and even requests, contains an element of pressure on the psyche of the recipient of the request. The active person must be the demander

13 Szwajcaria: Eutanazja popularna coraz bardziej,http://www.bibula.com/?p=52272 [access: 15.08.2018]. 14 P. Sadurski, Australia – prawo do śmierci, „Rzeczpospolita” 1996, No. 116, p. 18. 15 M. Tarnowski, Zabójstwa uprzywilejowane w ujęciu polskiego prawa karnego, Poznań, 1981, p. 248. 16 Wyrok SA w Krakowie z dnia 13.05.2014r., II AKa 72/14, Legalis.

169 Studia Administracji i Bezpieczeństwa nr 5/2018 and the initiative must belong to him as well17. It will not be euthanasia but simple murder committed at the request of, for example, a person under the influence of a broken heart or a loss of a loved one. The source of compassion can be an incur‑ able and severe disease but not a temporary reaction caused by sudden pain18. In the Appeal Court verdict of 6 August 2013 in Łódź, it was pointed out that eutha‑ nasia does not occur when compassion is caused by human mental suffering such as material loss, many years of disability, heartbreak, or when it concerns a differ‑ ent person or persons than the victim19. Euthanasia is not only an action (e.g. an injection of poison), but also abandonment (e.g., not providing a life‑sustaining­ drug by a doctor or nurse). Sometimes the behavior of the perpetrator may take another unpunishable form. In addition to euthanasia, such concepts as orthotanasia and dysthanasia (anti­ ‍‑dysthanasia) have been developed, but they are so vague that they bring a lot of confusion into the discussion. Orthotanasia is an abandonment of further artificial support of vital functions (e.g., a continued non­‑use of a ventilator in a patient with irreversible changes or severe brain damage). Dysthanasia is the reverse of orthotanasia: it means an artificial maintenance of vital signs of a patient with irreversible changes or severe brain damage (e.g., the use of a respirator). Examples of orthotana‑ sia may be the case when life support drugs are withheld because they are very expensive and needed for other patients, or the case when life­‑saving emergency measures are abondonned (disconnecting the patient from the life‑support­ machine if the treatment does not produce positive results, not applying intensive treatment, and not attachinga patient to an apparatus). Dysthanasia is a process of intensive therapy used by doctors in resuscitation. Resuscitation dysthanasia is usually used when the assessment of treatment chances is positive and promises recovery, as well as until brain stem death. Proceeding in which there is a disconnection from the life support apparatus when the brainstem dies (but the heart and respiratory action remains) and also when only part of the brain dies, but there is certainty that the patient will not regain consciousness, is called anti­‑dysthanasia.20 In this case, orthotanasia applies to a person with the statement of brain stem death, and not a living person – which is especially important in transplantology. The deci‑ sion on orthotanasia belongs to a doctor and is associated with the assessment of

17 Wyrok SA we Wrocławiu z dnia 19 grudnia 2014r., II AKa 267/14, LEX No. 1630913. 18 Wyrok SA w Łodzi z dnia 06.08.2013 r., II AKa 118/13, Legalis. 19 Ibidem. 20 M. Angosiewicz, O eutanazji, http://www.racjonalista.pl/kk.php/s,898 [access: 15.08.2018].

170 Krzysztof Gorazdowski, Death with Dignity... treatment opportunities with regard to the further sense of using emergency life support measures21. Orthotanasia is inseparable from medical treatment in the so­‑called terminal conditions and the issue of cessation of persistent therapy. Cessation of persistent therapy combined with the use of extraordinary life support meth‑ ods is not considered euthanasia. Permission for such behavior results also from Art. 32 of the Code of Medical Ethics22. As M. Filar points out, “both legal and ethical norms allow the physician to withdraw from such treatment and allow the patient to die. Therefore, it is a universally recognized deontological standard, which obviously can not have an impact on the legal situation of the doctor”23. It should be noted that the Code of Medical Ethics in Art. 31 clearly opposes euthanasia. The doctor is not allowed to use euthanasia or help the patient commit suicide. The physician should make every effort to provide the patient with humane terminal care and dignified conditions of dying. The doctor should relieve the suffering of terminally ill patients until the end and maintain the quality of the ending life, if possible24. Euthanasia as a privileged type of homicide is punishable by impris‑ onment for 3 months to 5 years. In exceptional cases, the court may apply extraordinary mitigation of punishment and even refrain from imposing it (Arti‑ cle 150, para. 2 of the Penal Code). The legislation provides for the possibility of exceptional accidents and appropriate criminal justice in this respect. However, it is impossible to agree with the view of A. Grześkowiak that this procedure may mean the opening of criminal law to the gradual depenalization of euthanasia25. Assisted suicide should be distinguished from euthanasia whose penaliza‑ tion is regulated in Art. 151 of the Penal Code. The legislation has accepted that imprisonment from 3 months to 5 years applies for helping a person to commit suicide (for example, by prescribing a deadly dose of medicine to the patient, preparing the device to administer the poisonand connecting it to the patient). In this case, the doctorprovides help for the patient to take his or her own life. The widely publicized case of doctor Jack Kevorkian, euthanasia promoter, in which he admitted that in 1990‑1998­ he assisted in 130 cases of suicide by

21 S. Raszeja, „Ortotanazja i dystanazja jako problem prawny, medyczny i moralny”, Biuletyn Informacyjny OIL, Gdańsk, 1999, http://old.amg.gda.pl/uczelnia/gazeta/archiwum/gaz_04_2000‑01.html#15­ [access: 15.08.2018]. 22 https://www.nil.org.pl/__data/assets/pdf_file/0003/4764/Kodeks‑Etyki­ ‑Lekarskiej.pdf­ [access: 15.08.2018]. 23 M. Filar, Przestępstwa są niczym niewyczerpalnym bogactwem naturalnym, Konferencja Polityczność przestępstwa. Prawo karne jako instrument marketingu politycznego, Warszawa 2011. 24 Art. 30 Kodeksu Etyki Lekarskiej. 25 A. Grześkowiak, Ochrona życia ludzkiego na tle rozwiązań nowego kodeksu karnego, Lublin, 1999, pp. 273­‑274.

171 Studia Administracji i Bezpieczeństwa nr 5/2018 providing terminally ill patients a device that, with a push of a button, was able to inject poison into their body. This behavior earned him the nickname “Doctor Death.” A biographical film about Dr. Kevorkian was released by HBO in 2010, You Don’t Know Jack, in which Al Pacino played the role of Doctor Death26. Another widely commented case in the European media was the case of 43‑year­ ­‑old Diane Pretty, a British women suffering from motor neuron disease (MND), paralyzed, and confined to a wheelchair. Due to a progressive illness, in 2002 she led a court battle for agreement to let her husband Brian help her die with dignity. Despite considerable paralysis, she was mentally fit but the illness was very advanced and the doctors gave her a few weeks of life. She wanted to decide on the time and the manner of dying but was able to commit suicide herself. Therefore, she wanted assistance with impunity. The battle for help in suicide was unsuccess‑ ful. Unfortunately, all the courts rejected her request. The case even went to the European Court of Human Rights which issued a ruling of 29 April 2002 on this matter (complaint 2346)27. Particularly controversial is the help in suicide carried by people with mental disorders. In 2017, the first forced euthanasia of a mentally ill person was conducted in the Netherlands. A doctor with the help of other people and with the acceptance of the family killed a nursing home patient with symptoms of dementia. The patient previously expressed the euthanasia request “when the right time comes” but she did not set a deadline. At the time of the killing, the patient was surrounded by physical resistance but the Dutch Euthanasia Committee found that the doctor did not make a mistake and that the killing took place in good faith28. In Poland, the case of Janusz Świtaj was put into the spotlight. In 2007, after a back injury and spinal cord crushing as a result of a motorcycle accident, he applied to the court for consent to euthanasia – which was refused. Thanks to publicity, the public heard a cry for the death of a patient chained to a wheelchair with an incurable illness but later it turned out that it was actually a desperate cry for a better life. Because he was not allowed to die, he decided to live on. With the help of the Anna Dymna foundation Mimo Wszystko (Despite Everything), he regained his psychological balance, received a special trolley with a respira‑ tor which allowed him to breathe, and was implanted with a baclofen pump to alleviate spastic pain. His life changed. After graduating from high school for adults, he even studied psychology at the University of Silesia. Janusz Świtaj did

26 https://pl.wikipedia.org/wiki/Jack_Kevorkian [access: 15.08.2018]. 27 M. Derlatka, Wyrok Europejskiego Trybunału Praw Człowieka z 29.4.2002 r. w sprawie Diane Pretty prze‑ ciwko Wielkiej Brytanii (skarga 2346), „Kwartalnik Prawa Publicznego” 2002, No. 2/3, pp. 293‑306.­ 28 A. Bryk, Eutanazja jako prawo człowieka, „Rzeczpospolita Rzecz o Prawie”, 16.12.2017.

172 Krzysztof Gorazdowski, Death with Dignity... not, however, withdraw from the view that every sufferer should have the right to die when the right time comes29.

3. Worthy of death

In the light of the legal considerations presented, it is worth asking whether there is a right to a death with dignity and what do we mean by that, or does the right to human dignity include the right to death? Reflections about death have been with us for a long time. In ancient Romehonorable death was a question of honor and the right to it was something natural. There was also the notion of shameful death. The Roman thinker and writer Seneca argued that “one should learn all his life and – what is even more surprising – one should learn to die all his life”; “In the very necessity of dying, believe me, there is great happiness”; “Is this something extraordinary that a man dies, whose whole life is nothing but the way to death?”; “I do not know if it is rather stupid not to realize the necessity of death, or rather the audacity to resist it”; “If you look at the end of life not as a punishment but as a law of nature and get the fear of death out of your heart then from now on no fear will dare to sneak into it”30. It seems that nowadays under the notion of death with dignity we mean dying without pain and suffering. The right to die without suffering is often an elementary cry for dignity, as in the case of Diane Pretty. However, it will not always be met with understand‑ ing in this respect, especially when ethical arguments and religious dogmas are included in the discussion. Especially the Catholic church, in which the traditional message of faith stigmatizes euthanasia and indicates that suffering ennobles and may deepen the perception of the world or even is a “divine gift,” introduces considerable confusion to this discussion and consequently makes suffering insep‑ arable from human life and death. Such perception leads to the conclusion that man should come to terms with dying in suffering only because it leads to salva‑ tion. Death is the antithesis of life, something inevitable, an evil in itself that must be reconciled with. A martyr’s death suffered in the name of ideas and beliefs exists until modern times. Now it is present especially in Christianity, Judaism, and Islam, but in principle it no longer exists in other religions – for example, in Hinduism or Buddhism. It should be noted that Poland just like other European Catholic countries will always be limited in the discussion of euthanasia by the

29 http://wiadomosci.dziennik.pl/wydarzenia/artykuly/126306,janusz­‑switaj­‑zaczyna­‑nowe­‑zycie.html [access: 15.08.2018]. 30 L. A. Seneka, Myśli, Kraków, 1987, pp. 217 and following.

173 Studia Administracji i Bezpieczeństwa nr 5/2018 official teaching of the Church and especially its opposition to other ethical solu‑ tions such as palliative care or hospices that no longer carry such controversy. However, one should not confuse death with dying. Death is a state of non­ ‍‑existence. Dying is often a long­‑lasting process that can be pleasant or painful. We do not experience death but only dying, often unpleasant, painful, in which a human being is stripped of his or her dignity. For those who suffer horribly in connection with illness death appears as a salvation from their state. While living people usually do not know when and how to die, leaving this issue to time and chance. However, when one is in sickness and suffering because of dying, one should have a choice to a death with dignity and theoretically the legislation should make this choice pos‑ sible for him or her – after all, there is a right to human dignity and freedom. The principle of inherent human dignity in the Polish Constitution is already stressed by the preamble but it is fully expressed in Art. 30. According to it, the inherent and inalienable dignity of a man is a source of freedom and human and civil rights. It is inviolable and its respect and protection is the responsibil‑ ity of public authorities. In turn, Art. 223, para. 1 of the Constitution of 1997 additionally underlines the importance of human dignity by strictly prohibiting restrictions in the event of emergency states. Article 30 of the Constitution refers to the personal recognition of dignity treating it as a peculiar innate feature of every human being, where human dignity belongs to axiological concepts and is defined differently depending on the general nature of the religious or philosophical sys‑ tem in which it occurs. Dignity as a natural right of every person is protected by law. The role of the state is to protect dignity. The essence of human dignity is the autonomy understood as the freedom to act in accordance with its own will. The problem arises when a person expresses voluntarily and consciously the will to end his or her life (self‑destruction).­ Then there is the collision of two components of the principle of dignity – the protection of life and the right to autonomy (self­ ‍‑determination) of the individual. If we assume that respecting a person’s decision about suicide does not conflict with the norm of Art. 30 of the Constitution, the legislature would not find reasons to criminalize the behavior specified in Art. 151 Penal Code associated with helping to commit suicide. Thus, the normative problem of human dignity returns on the occasion of discussions on euthanasia, genetic research (cloning), and the death penalty – and seemingly it will not be quickly resolved in Poland. The essence of the public discussion about euthanasia is the degree of individual autonomy and the value and purpose of human life itself. This normative problem has not yet been resolved.

174 Krzysztof Gorazdowski, Death with Dignity...

The 1997 Constitution does not guarantee the right to euthanasia or death with dignity, and the role of the legislation is not to guarantee everyone the possi‑ bility of committing suicide. Suicide is not a protected right but it is not penalized by the Penal Code. The Constitution first of all points to the right of a human being to life and the authorities are to ensure his or her protection for this highest good31. Article 38 of the Constitution excludes the admissibility of euthanasia understood as acceleration of death at the request of the patient in a situation of illness causing suffering, not conducive to improving health by limiting or abandoning medical activities. Therefore, there is no guarantee standard of the right to death with dignity. Creating a legal system that would allow for deviations from the human right to life seems to be an extremely difficult task. However, the pace of society’s development requires at least public debate about euthanasia. According to a survey conducted by CBOS between 1 and 6 October 2009 on a representative group of 1096 adults in Poland, 48 percent of respon‑ dents supported the idea that physicians should fulfill the will of the terminally ill, demanding measures to cause death; 39 percent expressed the opposite opinion; 13 percent did not have an opinion32. For comparison, in other studies conducted several years earlier, euthanasia support was at 44 percent, opposition at 40 per‑ cent, and the lack of opinion at 16 percent33. EU legislation does not consider introducing top‑down­ legal regulations regarding euthanasia. Each member state should do so on its own. One can not underestimate the increase in the legal aware‑ ness of citizens in relation to their natural subjective rights. It seems that recently a liberalization of views on euthanasia was connected to European integration34.

Conclusion

The issue of the admissibility of one’s decision about the moment of death with dignity will always divide society and stimulate intense discussions between sup‑ porters and opponents of euthanasia. The problem of legal euthanasia, however, can not be postponed or ignored. Without going into the axiological assessment of the right to death with dignity, the legislature should no longer wait for a legal

31 Art. 38 of the Constitution of the Republic of Poland guarantees the legal protection of life. 32 Opinia społeczna o eutanazji, Komunikat z badań CBOS 142/2009, Warszawa, 2009 https://www.cbos. pl/SPISKOM.POL/2009/K_142_09.PDF [access: 15.08.2018]. 33 Data from „Polityka” 2000, No. 46. 34 M. Szadkowska, Zabójstwo eutanatyczne – tendencje liberalizacyjne w Europie na przykładzie Belgii, „Studia Iuridica Toruniensia” 2013, Vol. XIII, https://repozytorium.umk.pl/bitstream/handle/item/2023/ SIT.2013.024,Szadkowska.pdf?sequence=1 [access: 15.08.2018].

175 Studia Administracji i Bezpieczeństwa nr 5/2018 solution that would result in the depenalization of euthanasia and assisted suicide. So far only three countries in Europe have legally regulated these issues. In 2002, it was done by the Netherlands; in 2003 by Belgium, and in 2009 by Luxembourg35. The development framework does not allow for a detailed discussion of these regulations. It is worth pointing out that the development of the society results in changes in the perception of accepted values. It seems that worthy death does not necessarily mean consenting to suffering and tearing a human away from dignity. In 2005 in Poland, proeuthanatic circles headed by Senator Maria Szyszkowska made an unsuccessful attempt to submit in the parliament a bill providing for the possibility of euthanasia for terminally ill people. From then on, none of the political or social forces has attempted to change the legal status with a legislative initiative, most likely for fear of denial of center­‑right circles. The decisive argument for the legal regulation of this matter should be the willingness to help sick people without a chance for a dignified death without suf‑ fering, and to alleviate the situation of doctors who often suffer from difficult moral dilemmas. The inability to end a patient’s suffering in the painful stages of a termi‑ nal illness is quite cruel, so that very few physicians actually allow themselves to stand by and watch. It seems, following the example of the Dutch approach, that a doctor being convinced that the patient suffers with no chance to improve his or her condition, and after voluntarily and duly considering the request, talking to the patient and informing him or her about the situation and prognosis – could come to the conclusion with the patient that there is no other way out and to eliminate suf‑ fering should end the patient’s life. The decision on euthanasia should be made and confirmed after consulting with another physician and psychologist or psychiatrist. After the euthanasia is conducted with due diligence and after the autopsy of the patient’s body is performed, a final report should be prepared and verified by an euthanasia control committee. If the committee considered that the doctor acted in accordance with the standards, it would relieve him of responsibility, otherwise the matter should be reported to law enforcement authorities. In my opinion, the current legal regulation does not meet the growing social expectations in this respect with a significant increase in the legal awareness of citizens. Nobody denies the fact that life is the highest good of a human being and should not be taken away from him. The legalization of euthanasia however it is about allowing a person who demands it for dignified death as a way to end his or her suffering. On the other hand, reaching a compromise will be very difficult,

35 A. Michałek‑Janiczek,­ Legalizacja eutanazji i samobójstwa wspomaganego w Luksemburgu, „Problemy Współ‑ czesnego Prawa Międzynarodowego Europejskiego i Porównawczego” ,Vol. VIII, A.D.MMX http://www.euro‑ peistyka.uj.edu.pl/documents/3458728/54ec4031‑1f39­ ‑4b28­ ‑9a7a­ ‑5e1bb2e5ae3c­ [access: 15.08.2018].

176 Krzysztof Gorazdowski, Death with Dignity... because it leads to confirmation of the total autonomy of the individual in choosing the right to dignified death in due time. It should not be forgotten that euthanasia is primarily a bioethical problem. Perhaps one day, with the progress of medicine, the problem of the length of life and dying will be solved without the necessity of legal interference in this delicate matter.

Bibliography 1. Aumonier N., Beignier B., Letellier P., Eutanazja, Warszawa 2005. 2. Bielecki J., Dylematy godnej śmierci, “Rzeczpospolita Plus Minus”, 12‑13.05.2018,­ No. 109 (11049). 3. Bryk A., Eutanazja jako prawo człowieka, “Rzeczpospolita Rzecz o Prawie”, 16.12.2017. 4. Derlatka M., Wyrok Europejskiego Trybunału Praw Czlowieka z 29.4.2002 r. w sprawie Diane Pretty przeciwko Wielkiej Brytanii (skarga 2346), “Kwartalnik Prawa Public‑ znego” 2002, No. 2/3. 5. Filar M., Lekarskie prawo karne, Kraków 2000. 6. Filar M., Przestępstwa są niczym niewyczerpalnym bogactwem naturalnym, Konferencja “Polityczność przestępstwa. Prawo karne jako instrument marketingu politycznego”, Warszawa 2011. 7. Góralski P., Prawne i społeczne aspekty eutanazji, Kraków 2008. 8. Kodeks karny. Komentarz, red. A. Grześkowiak, K. Wiak, wyd. 4, Warszawa 2017. 9. Grześkowiak, Ochrona życia ludzkiego na tle rozwiązań nowego kodeksu karnego, Lublin 1999. 10. Guillod O., Schmidt A., Assisted suicie under Swiss law, “European Journal of Health Law” 2005, No. 12. 11. Malczewski J., Eutanazja Gdy zderza się etyka z prawem, Warszawa 2012. 12. Marcinkowski T., Medycyna sądowa dla prawników, Warszawa 1993. 13. Michałek­‑Janiczek A., Legalizacja eutanazji i samobójstwa wspomaganego w Luk‑ semburgu, “Problemy Współczesnego Prawa Międzynarodowego Europejskiego i Porównawczego” 2010, Vol. VIII. 14. Mozgawa M., editor, Eutanazja, Warszawa 2015. 15. Pietrzykowski T., Spór o eutanazję, Wydawnictwo Sonia Draga, 2007. 16. Poklewski­‑Koziełł K., Sąd Najwyższy Stanów Zjednoczonych Ameryki wobec eutanazji, ”Palestra” 1997, No. 11/12. 17. Raszeja S., Ortotanazja i dystanazja jako problem prawny, medyczny i moralny, “Biu‑ letyn Informacyjny OIL”, Gdańsk 1999. 18. Raszeja, W. Nasiłowski, J. Markiewicz, Medycyna sądowa Podręcznik dla studentów, Warszawa 1993. 19. Sadurski P., Australia – prawo do śmierci, “Rzeczpospolita” 1996, No. 116. 20. Seneka Lucjusz Anneusz, Myśli, Kraków 1987. 21. Szadkowska M., Zabójstwo eutanatyczne – tendencje liberalizacyjne w Europie na przykładzie Belgii, “Studia Iuridica Toruniensia” 2013, Vol. XIII. 22. Szeroczyńska M., Eutanazja i wspomagane samobójstwo na świecie, Kraków 2004. 23. Tarnowski M., Zabójstwa uprzywilejowane w ujęciu polskiego prawa karnego, Poznań 1981.

177

Arnold Warchał Military University of Technology, Warsaw, Poland

The Constancies, Reactivity and Processes for Security Reasons

Summary The discussion about numerous problems of Security Studies, holistically also relates to evolvement of Safety Science, and problems stemming from various global fac‑ tors, and technological advancement of scientific background. Unfortunately, very often it communicates the fragmentary vision of the new and important multi­‑dimensional treat‑ ment of this relatively new academic endeavor. The author of this essay relates some of the noticeable problems, and multiplicity of factors found in both, Security Studies and Safety Sciences, to lack of explanation of what common denominator is applicable to both of those categories. The author’s arguments rest on the unitary vision of science. Security and safety, however, are still very of the treated as the sub­‑branches of other disciplines, such as international relations for example, or natural and applied sciences. The main premises presented here rest mainly on observation of the studies about security and safety considered as hybrid sciences of multi‑component­ issues. Respective of both, this calls for a need of acceptance of common philosophical grounds enabling this hybridity to turn into unitary, yet mulit­‑dimensional vision of experts under rational goals searching for an independent, and holistic research platform able to observe problems of security and safety, under one scope of rationality.

Keywords: security studies, safety sciences, philosophy of security, philosophy of science, politics

General observations

The Security Studies and Safety Sciences as an academic undertaking present various levels of scientific and academic consistency correlating with interdisci‑ plinary and inter­‑dimensional spectrum of researches. The ever­‑changing political, social, technological, and scientific environment have expanded its agenda to lim‑ its surpassing the previous international and global interests, to the point where Studia Administracji i Bezpieczeństwa nr 5/2018 additional association naturally evolved as an empirical backlash of various unforeseen aspects. Mostly as a reaction and in reference to natural, tangible fac‑ tors of the global environment. At the same time, it did expand away from its original academic endeavors of History, Political Science and International Rela‑ tion, into specifically Security1 Studies and Safety2 Sciences. And this extension is not necessarily connected visibly to previous, older base, when safety was not even a sub­‑field. The technological and scientific developments immersed the military and socio‑political­ spheres with hitherto unknown possibilities, making original under‑ taking too narrow of a subject, what lead to a process of scientific change and adaptability to new consciousness of dangerous world. At the time when potential susceptibilities of scientific progress became obvious, not considered as stem‑ ming just from threats3 to national and social cohesion, but also as a form of risks4 to structural integrity of society on different levels, and wellbeing of indi‑ viduals, or social groups; the role of state, strategic, regulatory, organizational, and managerial problems became apparent. At the same time leading to necessity of questioning some of its previous bases of methodological enquiry. Needless to say, the fields of various security and safety studies has to be unified holisti‑ cally. This unification is slowly evolving into a proper study based on immensity of researches, new theories, models and methods of empirical background. Regardless of growth, it evolved into new branches of social sciences, with components of sometimes similar or sometimes different focus, but often overlapping values, for the practical and, especially, the academic realms – of security studies, and safety sciences. Now those two ranges of scientific pos‑ sibilities are perhaps becoming more unified, within own association and praxis at first, surely by becoming more independent of other studies, than just a few decades ago. Since then, different value factors make those more reactive on own grounds. – In special case of safety sciences, many of its determinants are located within mostly technical sciences, that provide even more fuel for the growth of risks studies, and/or systemic threats. Albeit, this surely creates even more extensions interlocking also with other sciences, ranging from natural sciences, through engineering and technol‑ ogy, medical and health sciences, to agricultural sciences, but continually also

1 Security, as defined in Webster’s New Twentieth Century Dictionary, Second Edition, William Collins + World Publishing, Co., Inc. 1975. 2 Safety, op. cit. 3 Threat, op. cit. 4 Risk, op. cit.

180 Arnold Warchał, The Constancies, Reactivity and Processes... with social sciences, and humanities. And this is what makes it methodologically – the hybrid sciences. In view of both technical and theoretical predicaments cut‑ ting across paths of security and safety, when widening spectrum of interests, and necessary methods of inquiry deepening its efforts, this hybridity is natural and reflective of measures applied to material data collected, theories and models built, rightfully with little ideological interests, and also, unfortunately, with little philosophical overview and outlook. Overall, interest in security and safety matters are apparently growing because of changes in regional and global outlooks, as well as scientific and tech‑ nological advancements, impacting states and societies on every level of certainty. This presents the new dilemmas, and often obvious threats to individual or state matters. Many of security experts are working on different subjects, not always from the same fields of scientific inquiry. Therefore, both theoretical and practical activities that many academicians are occupied with, are not yet fully integrated into a whole field of social science. Yet, just like with any other general matters of inquiry, this integration on philosophical and methodological level has to be achieved, if security studies and safety sciences are not to fall away from each other, or become mere sub­‑domains of other growing academic disciplines, with natural or created unity. Achieving this unity is going to be difficult and will require an agreement among perspicacious academicians, able to find a formula nullifying differences, and transforming rather unruly set of categories, arising from the overlapping of disciplines and scientific grounds. Without philosophical outlook this might be a gruesome task. Security after all, is not technical enough to be a subjects of just, let’s say, engineering; and safety does not refer only to a new level of integrity of an ontological “object”, or an “epistemological” outlook. Both reflect the pro‑ cesses of different levels of natural human existence, on the universal scale, where the nature of it all still has to be deciphered, and the Universe must be understood with ecological consciousness – of those who study it, as whole unit, even if con‑ sidered simply, and at the most, a category set, or category of sets, when we ponder upon on the meaning of value intrinsic to the name itself (ecology comes from gr. oikos – meaning “house”, and logically implies the interaction within whole unit, and consciousness implying at first an intersubjective knowledge, later – the true awareness of the world, what can be checked looking into its etymology). The so called, and abstract, notion of “objectivity”, came late in scientific thought, and is a new domain. Human cognitive processes and scientific applica‑ tions turning into evolutionary, and sometimes also revolutionary achievements,

181 Studia Administracji i Bezpieczeństwa nr 5/2018 cannot, therefore, rely just on an “objectivity” of nature. Although, the importance of this is known since the ontological outlook of the ancient and modern philosophers, considered by some as the founders of present­‑day scientific rationality. It was not an autonomous term at first. Hence, currently we must remember both the Popperian outlook5 that the author accepts, as not the only way, but one of the necessary ways to understand the cognitive process of scientific reasoning, but also accepts the some‑ times irrational ways of science noticed by critics like Paul Feyerebend6. There are also other means, by many forgotten, that enabled the ratio‑ nalization of methodological application of various discoveries along the way of growth leading to virtual and augmented reality world. Being in this world, with obvious technological advancement should also provoke any academician to look at the process of science as a whole conscious statement connected to its “naturalism” vested in the Universe. This is also undeniably applicable to studies of security and safety, since empirical reactivity of those is evident. Without it no science would be possible. And problems of security and safety could not be analyzed with proper perspective of verification process, which must be logical and empirical at the same time, that is ­‑ abstract from reality as in mathematics, and sensual as in experience. Strange as it may seem, but this was brought to modernity also with appli‑ cability of alchemical discipline, regardless of its metaphysical background. It was done by those philosophers and writers of science, who accepted the main prem‑ ises of past experiential ways, without which the theoretical outlook of modern and contemporary scientific ways simply would not be possible. What includes the Copernican revolution made possible by understanding how the science “was done” in the past. Assumed in this outlook, of course, is the alchemy as part of general cognitive processes, and knowledge that philosophy also participates and intertwines with other fields of research. Alchemical science should be understood, of course, the way it is written about it in XVIIc. by Polish alchemist – Michael Sendigvius, in his very famous those days, the Novum Lumen Chymicum7: “Yet this glorious truth is even now capable of being apprehended by learned and unlearned persons of virtuous lives, and there are many persons of all nations now living who have beheld Diana unveiled. But as many, either from ignorance or from a desire to conceal their knowledge, are daily teaching and inducing others to believe that the soul of gold can be extracted, and then imparted to other substances; and thereby entice numbers to incur great waste of time,

5 K. Popper, Logika odkrycia naukowego, Wydawnictwo PWN, Warszawa 2002. 6 P. Feyerebend, Dialogi do wiedzy, Aletheia, Warszawa 1999. 7 M. Sendigivius, Novum Lumen Chymicum, in Eng. https://www.alchemywebsite.com/newchem1.html.

182 Arnold Warchał, The Constancies, Reactivity and Processes... labour, and money: let the sons of Hermes know for certain that the extracting of the essence of gold is a mere fond delusion, as those who persist in it will be taught to their cost by experience, the only arbitress from whose judgment seat there is no appeal. If, on the other hand, a person is able to transmute the smallest piece of metal (with or without gain) into genuine gold or silver which abides all the usual tests, he may justly be said to have opened the gates of Nature, and cleared the way for profounder and more advanced study”. This was an important understanding of alchemy as a science. Similarly, the new level of sensitivity to its own genre has to be achieved by Security Stud‑ ies and Safety Sciences, defined by security – threat “exchange”, on one side, and safety – risk, on the other. Such method was also understood in the past and used in ancient studies. After all, it is the same scientific coin, with practical adaptability to various domains of individual and common matters. In democratic societies under the umbrella of political agenda, that’s the fact. Not as an extension of any given “science” or previous academic categories, usually connected to political and military security, with variations thereof, but as a final stage of development of a new level of security and safety studies – a discipline with its own “nervous system” sensitive to external and internal occurrences, impacting every single human existence. Not just focusing on the military, subversive, or political threats, but on any type of phenomena that may bring threats and risks of diverse nature, to state, society, individuals, property, tangible and untangible structures, etc. Within implicit, yet rationally developed extensions of a discipline focus‑ ing on general problems previously contained by other studies, this new science in essence must present its own syntheses. The synthesis will be hard to achieve without bringing again to light, what the European philosophy has been doing since its inception in ancient times. As we understand this beginning, the model for synthesis was presented by Thales of Miletus upon noticing that what is visible on the individual level can be generalized if multiplied, and what is multiplied can be brought rationally to every individual level. Logically we can notice the thinking pattern relating directly to established later, the deduction and induction processes needed for proper natural law identification. This itself, even then, was not a new discovery, and quite possibly resting on ancient understanding of general law of alchemy (before it was dressed in this name), was stated in terms of mythical fig‑ ure of Hermes Tresmigestos and one of his formulas of law of nature: As above, so below. As below, so above. For the understanding of essence of things. And we don’t have to treat it as a metaphysical concept, but a simple methodology that had very practical implication for creation of the new sciences

183 Studia Administracji i Bezpieczeństwa nr 5/2018 by philosophy, and the natural sciences after the Renaissance. The Modernity, after all, became possible because of return to, and re­‑evaluation of the most ancient studies of nature, creating proper fundaments for verification of truths. To answer how is it possible, and what is the relevance of such premises for contemporary study of security or science of safety, is not the main goal of this essay, but we can notice how reflective the nature of things is, when we consider that this is exactly how virtual and augmented realities are created. Those, are also the new determi‑ nants for security studies and safety science, where simple empirical reactivity is not enough, because once the threats or risks are noticed, it may be too late. And this brings especially the comprehension of the necessity for either, methodological continuity, to appropriate degree, and extension, or new theories and new methodological perspectives. Granted, in many case, since security also presupposes potential for the opposite, it will entail as well, the praxeological understanding and involvement with methods used for particular tasks. Over all, it means that security studies are evolving naturally, and that’s how it happens in the real world, counting in the constant formulas, reactivity to new security environ‑ ment implying some kind of adaptation – both ontological and epistemological, and grasping of ever­‑changing processes detailing the phenomena.

Focused observations

The processual change of an academic study is not a new experience. Anyone observ‑ ing development of various academic studies must be aware, that this a common occurrence. Discussion on framing of security within proper academic indepen‑ dence is rather long and bumpy. It is taking place at least since the end of the XXc. And for some, it was already then “a cottage industry” – the problematic of its place‑ ment and definition already visible even in 1977, in regards to its many agendas, usually connected to various academic stances, practical concerns, ideological per‑ suasions, or strategic interests, and, of course, various opinions – as was observed by David Baldwin in “Review of International Studies”8, those days. Right away we can notice, however, that shaping of this social science field of knowledge is rather rough and unfinished. For example in the OECD clas‑ sification of disciplines, in its revised in 2006 edition (and up to now this is the last revision), the Security Studies are not even listed, neither is Safety Science9.

8 D. A. Baldwin, The concept of security, „Review of International Studies” 1997, 23, pp. 5‑26.­ 9 Revised Field Of Science And Technology (Fos) Classification In The Frascati Manual, OECD, Feb 26, 2007 https://www.oecd.org/science/inno/38235147.pdf.

184 Arnold Warchał, The Constancies, Reactivity and Processes...

Perhaps to academicians, this is not a big surprise, since it is not easy to unify 880 thematic contents10, starting from A and abolitionism, to W – and ending with world wars. This is the number of topic presented by digital library – JSTOR (short for Journal Storage). From the standpoint of a researcher, the aforementioned is reflective of somewhat typical acceptance of a dual character of processes revolving around continuity and transmutation on different level of cognitive character. And this is also reflected in security studies. Settled, its methodology is still at large, but similar concern also applies to other academic disciplines, even those over a hun‑ dred years old. As it is the general case with academic fields within the discipline of Social Sciences, for example Political Science. The similar case is also with the International Relations, that was instituted in 1930’s mostly by historians and political scientists, but evolved into practical experience of its descriptions, as aiming its focus on global issues of those days11. Hence, the author notices some similarities, as to fundamental expressions used to define Security Studies and Safety Sciences, in previous academic endeavors. In a general sense, more general than categorical definitions and model building, as intertwined with theoretical norm acceptance and latter divagations, in sense of empirical experience and abstraction thereof, both reflective of the Socratic outlook on knowledge. However, we have to remember, nonetheless, that currently there are already the general provisions of scientific thinking, leading also to context of cat‑ egories used in security studies: the formulas, the categories, definitions, models, and theories. Very important, as they are, those can be very dormant, too dormant for evolutionary science of security, if it ever evolves into science. Surely, at least and at last, it has found its proper place within the fields of the Polish academics; The most important component easily observable here is its multiplicity of issues and, therefore, the accelerating change of outlook on security and safety. This change occurs, because of added and constantly flowing data of interest, with continuity – of the cognitive process – amidst the informational chaos, and final ability to sense the rhythm and sequences of the whole. Those fields of study, as any other dealing with the natural universe in its growth, becomes indepen‑ dent in a sense, that within its “own” logic it is able to cover descriptively (with description leading to coherent theory, and/or to praxeological or technological significance), methodologically and methodically, its specific reactive interests of researches and empirical verification assurance. This, of course, applies to any

10 JSTOR, security topics; https://www.jstor.org/security‑studies/topics/.­ 11 A. Zammit, Strategic Studies versus Security Studies: a history, Part I, https://andrewzammit. org/2016/04/25/security‑studies­ ­‑versus­‑strategic‑studies­ ­‑a­‑history­‑part­‑1/.

185 Studia Administracji i Bezpieczeństwa nr 5/2018 scientific and academic fields, since this is the simple process of replicatory nature (in both, the natural and semantical sense – as if in Alfred Korzybski’s general semantics’ explanation of our cognitive process12). Hence, nothing special here, when it comes to “our” Security Studies and Safety Sciences. We are still looking at this phase at the common universals of the aca‑ demic language, that any discipline can use as its own source. It is actually the type and amount of data gathered in the name of a discipline, that is the beginning of its relative independence. If the information gathered in the name of a discipline can be later synthesized towards internal own division of general and particular goals for both, practical and theoretical interests, we will notice how the abstractly developed “nervous system” will contextually allow to develop ability to cover previously unnoticed phenomenon. And observing the stages of various disci‑ plines’ development in the span of half a century, we can notice that momentum in security studies, and later in safety scieneces, fits the above description. Security studies slowly but surely cease to be just an extension of the military sciences or the political science, but is growing to its own independence. Such statement is more true now, than three or four decades ago, but this is not withholding the understanding that material base of evaluation of the real problems, must be exam‑ ined constantly. And this may not be done without formulas encompassing the material values imposed by coexistences of tangible and intangible factors, that might be recognized as a proper phenomenon intertwined within human cognitive process, leading to abstract solutions, yet, so easily adaptable to material world. Granted, material world changes within a process, that still can be understood, as some do through binary character of a human cognitive process, yet, the author believes it is rather something more along the starting lines of Jerzy Stańczyk’s13 judgment in his great analysis of security understanding: “In order to better under‑ stand the surrounding world, especially in relation to more or less real and abstract objects, it is the human trait to create concepts”14. It is in relation to those, that something fantastic happens to human creativity, expansion of knowledge bound‑ aries, technological advancements etc., and with our ability to unify our minds with the universe, through human intersubjective exchange, trespassing the previ‑ ous boundaries of knowledge.

12 See: A. Korzybski, Science and Sanity, An Introduction to Non­‑Aristotelian Systems and General Se‑ mantics, Institute of General Semantics, Brooklyn, New York 1994 https://pl.scribd.com/doc/30623770/ Alfred­‑Korzybski‑Science­ ‑and­ ­‑Sanity. 13 J. Stańczyk, Formułowanie kategorii pojęciowej bezpieczeństwa, FNCE, Poznań 2017 (eng. title: For‑ mulation of the conceptual categories of security). 14 Ibidem, p. 17.

186 Arnold Warchał, The Constancies, Reactivity and Processes...

Still, we have to remember that this is not just the problem of a steady evo‑ lution and potential numerical growth of its various fields and agendas, that may develop into closed particularity of our Security Studies or Safety Sciences, the way it is with Natural Studies or Humanities. Where, in the first case, we notice the ever­ ‍‑changing topics in adherence to a “paradigm shift”, as in discussion between Thomas Kuhn and Karl Popper, and critical approach towards the understanding of scientific ways15; and in the second, we have to notice that Humanities have an imprint within, of an ethical idealism dating back to antics, with strong platonic underlayment. Those who take sides here, are sometimes forgetful, though, of Socratic provisions of self­‑consciousness and recognition of cognitive abilities, in view of seeing a human being as a changing process itself. Hence, we also have to keep in mind the phenomenological understanding of Edmund Husserl’s inter‑ subjecitvity and need for balanced re­‑examination of science16; This is not just the problem of philosophy, its descriptive but sometimes idealistic ontology, not the self‑referential­ study of own problems, as it often may be the case, and episte‑ mological theories and models relating to it. After all, many factors determine the problems of security. For example, Marek Adamkiewcz notices the problem within the existential dimension of philosophical thought, weighing those on the “fear of death” scale, to which the author of this essay also adheres, in mutual under‑ standing of the heaviest burden on individual mind – much more in reference to transience, than to disappearance of biological life, that is physical human unity17. Of course, excellent discussion on the topics of general issues of philosophy of security, is presented also by Janusz Świniarski. So at least here in Poland, the studies are evolving, but not living philosophy behind.

Final comments

The evolution of any academic studies has similarities, and academic growth is rational if it answers various intellectual predicaments, providing a common

15 See: T. S. Kuhn, Struktura rewolucji naukowych, Aletheia, Warszawa 2001, and K. Popper, Logika odkrycia naukowego, PWN, Warszawa 2002. 16 See: E. Husser, The Crisis of Euriopean Sciences and Transcendental Phenomenology, Northwestern University Press, Evanston 1970. 17 See: M. Adamkiewicz, A. Warchał, On the existential security in view of the Greco­‑Roman conceptions on transience, „Studia Bezpieczeństwa Narodowego/National Security Studies” 2017, No. 12; also, of the same authors and in the same periodical: On the existential security in view of the medieval philo‑ sophy conceptions on transience, „Studia Bezpieczeństwa Narodowego” 2018, No. 13 and: On the Exi‑ stential Security in View of the Modern Philosophy Conceptions on Transience, „Studia Bezpieczeństwa Narodowego/National Security Studies” 2018, No. 14.

187 Studia Administracji i Bezpieczeństwa nr 5/2018 denominator of formulas and understanding. And in this case, as a subject of uni‑ versal studies, there is still a long way to go before independence from other sciences, but its Copernican revolution emanates from beyond of the horizon. But is this just the philosophical problem as, to some extent, that was is deliberated here? No, although for many, not excluding the author, academic studies without philosophical background will be only a half­‑fulfilled prophecy, because of one important component missing – its ability to differentiate and later connect, with logical explanation, opposites or different values in one common denominator. In theory, since in practice we need to look even deeper into pre­‑philosophical mind. But will we find problems of security and safety there? Yes, always. Those are known since the beginnings of written records, as the exploring mind is able to notice, and need for the elements of the holistic approach to security is noticed here. It is done by the passive observer, and in noticeable form of an essay, yet, based on experience with both, the Security Studies and Safety Science within the academic settings. This enables, from author’s perspective: the de‑limitation­ of outward practical and methodical stances, necessary to find solutions for, so called, “real problems”. For, as quantum mechanics gives the evidence, that the process itself is both, internal – external exchange of mind and senses together. In the case of Security Studies and Safety Sciences, the problem and its evolvement rests of course not only on general semantics, as in Korzybski, and semantical understanding, as is observed, among the other problems, by Stańczyk. Those are some of the possible roads taken and tools created along the way of transmutation of various necessary elements, that in unison add up to better under‑ standing of human abilities. For many years since original conception, we could notice, as was shown the subjugation of Security Studies’ perspective stemming from Political Science and International Studies, holding within its similar scopes many issues of security connected to it. Adapting the growth of understanding of security issues, and later its steady separation from political and military studies, still resting on material appraisals, of course. What is somewhat different from semantical and theoretical issues. However, we cannot exclude those from extending and deepening the ratio‑ nality, not just structuralism of the issues, that can, and often have to be resolved before security – threat dualism is understood. It is always a dualism referring to our mind and body, but in organic unison. From the philosophical standpoints, those are very important for understanding any scientific endeavors, but it is not necessarily enough. Even if we multiply similar objects of security predicaments, we will still be left without full understanding, missing components, and one common denominator

188 Arnold Warchał, The Constancies, Reactivity and Processes... connecting them all: The ancient formula of the law of science of life: “As above, so below, as below, so above, for the understanding of essence of it all”. This is, and always have been the formula for understanding of any scientific effort, its inde‑ pendence curtailed by own obligation to true knowledge. Without it the verification process of “truth” in “matter” would not be possible. The author understands that this independence can be verified by ability to present in logical descriptive form its own empirical data, since we live in the age of data collection. However, its transmutation into real tangible factors making our lives safer, or at least more comfortable, still implies that we have to continuously search for rational connetion of a full develop‑ ment: into practice of a tri­‑contextual character, known from mother of all empirical sciences as: the continuity – reactivity – processual change.

Bibliography 1. Adamkiewicz M., Warchał A., On the Existential Security in View of the Greco‑Roman­ Conceptions on Transience, “National Security Studies” 2017, No. 12. 2. Adamkiewicz M., Warchał A., On the Existential Security in View of the Medieval Philosophy Conceptions on Transience, “National Security Studies” 2018, No. 13. 3. Adamkiewicz M., Warchał A., On the Existential Security in View of the Modern Philosophy Conceptions on Transience, “National Security Studies” 2018, No. 14. 4. Baldwin D.A., The Concept of Security, “Review of International Studies” 1997, 23. 5. Feyerebend P., Dialogi do wiedzy, Aletheia, Warszawa 1999. 6. Husserl E., The Crisis of European Sciences and Transcendental Phenomenology, Northwestern University Press, Evanston 1970. 7. JSTOR, security topics; https://www.jstor.org/security‑studies/topics/.­ 8. Korzybski A., Science and Sanity, An Introduction to Non­‑Aristotelian Systems and General Semantics, Institute of General Semantics, Brooklyn, New York 1994 https://pl.scribd.com/doc/30623770/Alfred­‑Korzybski­‑Science‑and­ ­‑Sanity. 9. Kuhn T.S., Struktura rewolucji naukowych, Aletheia, Warszawa 2001. 10. Popper K., Logika odkrycia naukowego, PWN, Warszawa 2002. 11. Revised Field Of Science And Technology (Fos) Classification In The Frascati Manual, OECD, Feb 26, 2007 https://www.oecd.org/science/inno/38235147.pdf. 12. Sendigivius M., Novum Lumen Chymicum, in Eng. https://www.alchemywebsite.com/ newchem1.html. 13. Stańczyk J., Formułowanie kategorii pojęciowej bezpieczeństwa, FNCE, Poznań 2017 (eng. title: Formulation of the conceptual categories of security). 14. Webster’s New Twentieth Century Dictionary of the English Language. Unabridged, Second Edition, William Collins + World Publishing, Co., Inc. 1975. 15. Zammit A., Strategic Studies versus Security Studies: a history, Part I, https://andrew‑ zammit.org/2016/04/25/security‑studies­ ­‑versus­‑strategic‑studies­ ­‑a­‑history­‑part­‑1/.

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Part IV

Reports

Aleksandra Szczerba‑Zawada­ The Jacob of Paradies University in Gorzów Wielkopolski, Poland

II International Congress „European Security and Stability in a Complex Global Order” and II CEWSE Roundtable Debate „EU Facing Current Challenges, Opportunities, Crisis and Conflicts” – a Report

On 16‑17­ April2018 at the Jacob of Paradies University in Gorzów Wielkopolski, two scientific events took place – II International Congress „European Security and Stability in a Complex Global Order” and II CEWSE Roundtable Debate „EU Facing Current Challenges, Opportunities, Crisis and Conflicts.” They were organized in the framework of prestigious EU project con‑ ducted by Professor Ewa Latoszek at the SGH Warsaw School of Economics in 2016­‑2019 and co­‑financed by the Erasmus+ Programme of the European Union. The 2018 edition of the Congress and Roundtable Debate were organized by the Faculty of Administration and National Security of the Jacob of Paradies Univer‑ sity in Gorzów Wielkopolski and the Jean Monnet Centre of Excellence at theSGH Warsaw School of Economicsin cooperation with the Jean Monnet Chair of European Union Studies, SGH Warsaw School of Economics; Centre for Europe, University of Warsaw; University of Economics in Katowice; Research Centre on European Integra‑ tion, Gdańsk University; Academic Center for German and European Studies, Jacob of Paradies University in Gorzów Wielkopolski; Department of Political Studies,SGH Warsaw School of Economics; College of Economics and Social Sciences, Warsaw University of Technology; University of Oradea; European Community Studies Asso‑ ciation (ECSA­‑World); Polish European Community Studies Association (PECSA); ECSA Moldova; ECSA Ukraine; ECSA Georgia. The main aim of the Congress and the Roundatble was to develop an academic debate with the participation of representatives of various circles on the subject of broadly understood EU security and its international significance. Prac‑ titioners and theorists of research on the European Union from Poland and abroad analyzed the strategic issues from the point of view of the EU countries related to the development of the EU Common Foreign and Security Policy (CFSP); the challenges facing the European Union in this context; energy, IT, and social Studia Administracji i Bezpieczeństwa nr 5/2018 security. The possibilities of developing a more effective way of solving identified problems in the indicated areas were discussed. On 16 April 2018, the participants to the Congress were welcomed by: Dr. PrzemysławSłowiński, Pro­‑Rector for Student Affairs (on behalf of Prof. Elżbieta Skorupska­‑Raczyńska, Rector) of the Jacob of Paradies University in Gorzów Wielkopolski; Prof. Ewa Latoszek, Jean Monnet Chair Holder, The Direc‑ tor of Jean Monnet Centre of Excellence, SGH Warsaw School of Economics, President of Polish European Community Studies Association (PECSA) and Prof. Grzegorz Kucharczyk, Dean of Faculty of Administration and National Security, Jacob of Paradies University in Gorzów Wielkopolski. Then the Keynote Speeches Session took place, moderated by Prof. Ewa Latoszek, with participation ofProf. Bogdan Góralczyk (University of Warsaw, Poland), Prof. Willemus Molle (Erasmus University Rotterdam, The Netherlands) and Prof. Christian Schweiger (Chemnitz University of Technology, Germany). The first panel, titled “European Security: Trends, Challenges and Pri‑ orities. European Union as an Actor in Security and Peace?”, was moderated by Dr. Olga Barburska (University of Warsaw). The group of speakers presenting papers on selected aspects of European security included: Dr. Anna Visvizi, Deree­ ‍‑The American College of Greece, Greece, Dr. Martin Dahl (Chernivtsi National University, Ukraine), Dr. Artur Adamczyk (University of Warsaw, Poland) and Dr. Yaman Kouli, (LabEx EHNE/Université Paris I­‑Sorbonne, France). They dis‑ cussed i.a. the future of the Common Securitity andDefence and the EU efforts foreconomic and political stability in Eastern Europe. The second panel, “Technical innovation, people and processes: cyber threat, energy security and migration”, was chaired by Prof. Małgorzata Dziembała (University of Economics in Katowice, Poland). During the panel, Prof. Chris‑ tian Schweiger from Chemnitz University of Technology, Germany presented the paper titled „The migration challenge and the European Union’s deepening core­ ‍‑periphery divide”, and Dr. Miklós Somai, representing Centre for Economic and Regional Studies HAS, Hungary discussed discussed the issue of Brexit in the wider perspective of disintegration processes in the European Union. After the speeches, a vivid discussion on the subject‑matter­ took place. The third panel, tiled “The European Union of Shared Values – What Is the Role of Civil Society?” was moderated by Dr. Aleksandra Szczerba­‑Zawada (Jacob of Paradies University in Gorzów Wielkopolski, Poland/University of Bari Aldo Moro, Italy). The discussion, involving Prof. Leonce Bekemans (University of Padua, Italy), Prof. Angela Maria Romito (University of Bari Aldo Moro, Italy),

194 Aleksandra Szczerba-Zawada, II International Congress „European Security and Stability ...

Prof. Nico Groenendijk (University of Tartu, Estonia), and Prof. Tatjana Muravska (University of Latvia, Latvia), concentrated on the need to improve the democratic character of the European Union through the deeper engagement of the societies of the Member States in European governance. The attention was paid to the sig‑ nificance of the European values for the integration within the European Union. The discussion was concluded by Prof. Ewa Latoszek, Prof. Willemus Molle and Dr. Anna Masłoń‑Oracz­ (SGH Warsaw School of Economics, Poland). They thank all participants for their contribution to the Congress as well as invited them to the next day CEWSE Roundtable Debate „European Union facing current challenges, opportunities, crisis and conflicts.” CEWSE Roundtable Debate „European Union facing current challenges, opportunities, crisis and conflicts” was held on 17 April 2018 at the Main Library of the Jacob of Paradies University in Gorzów Wielkopolski. The event was opened byProf. Ewa Latoszek (Jean Monnet Chair Holder, The Director of Jean Monnet Centre of Excellence, SGH Warsaw School of Economics, President of Polish European Com‑ munity Studies Association (PECSA). The debate concentrated on three main topics: “The Backgrounds of the Current Refugee Crisis – How to Overcome Them” (elabo‑ rated by Dr. Anna Visvizi, Deree­‑The American College of Greece, Greece), “The Refugee Crisis – Sharing Common Values vs. the Interests of EU Member States” (presented by Prof. Nico Groenendijk, University of Tartu, Estonia), and “Solidarity in the European Refugee &Migration crisis – Working Together?” (referred to by Prof. Willemus Molle, Erasmus University Rotterdam, the Netherlands). The session was moderated by Dr. Marta Pachocka from the SGH Warsaw School of Economics, Poland.The speeches were the point of reference for the intense discussion among the speaker and the audience that gathered at the conference venue. The debatewas con‑ cluded by Prof. Ewa Latoszek. The closing remarks were made by the representatives of main organizers of CEWSE events: Dr. Anna Masłoń‑Oracz­ (SGH Warsaw School of Economics, Poland) and Dr. Aleksandra Szczerba­‑Zawada (Jacob of Paradies Uni‑ versity in Gorzów Wielkopolski, Poland/University of Bari Aldo Moro, Italy).

195

Joanna Lubimow The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Report from the 4th National Student Conference “Youth for Security” Gorzów Wielkopolski, 23 May 2018

Summary The Conference was an opportunity for young scholars, students and school youth to meet and create a space for themselves to present their research pursuits. During the conference, issues related to broadly understood security were discussed. The 4th National Student Conference “Youth for Security” was the fourth of the cycle of annual scientific meetings dedicated to this topic.

Keywords: security, social and administrative conditions of security, internal security, international security, education for security

The 4th National Student Conference “Youth for Security” took place on 23 May 2018. The project was organized by the Jacob of Paradies University (JPU) in Gorzów Wielkopolski, the Educational Center Lubusz Youth Academy of Security, Jean Monnet Module – Inclusive Society Building through European Union Studies: Human Rights Protection in the European Union (EUIncSo). The Rector of the Jacob of Paradies University in Gorzów Wielkopolski, Prof. Elżbieta Skorupska­‑Raczyńska, took the honorary patronage of the Conference. Representatives of several scientific institutions, including the Jacob of Paradies University in Gorzów Wielkopolski, University of Lodz, University of Wrocław, Nicolaus Copernicus University in Toruń, Higher Vocational State School(HVSS) in Włocławek, Kazimierz Wielki University in Bydgoszcz, and University of Economics in Katowice, took active part in the conference and discussion. The aim of the conference was to analyze broadly understood security in the context of contemporary challenges in the internal and international arenas, and to create a platform for the integration of young people interested in devel‑ oping their research pursuits. It was assumed that a space should be created for Studia Administracji i Bezpieczeństwa nr 5/2018 students, in which they would share their knowledge and experience, and inspire each other to further research and education in the field of security.

Conference program and proceedings

The conference was opened by the Vice­‑Rector for Student Affairs of the Jacob of Paradies University in Gorzów Wielkopolski, Dr. Przemysław Słowiński, and the Vice‑Dean­ for Student Affairs of the Faculty of Administration and National Security of the Jacob of Paradies University, Dr. Katarzyna Samulska. Then the inaugural lecture, School as (in)secure space,was given by Dr. Monika Kamper­‑Kubańska of the Higher Vocational State School in Włocławek. The conference program was divided into three thematic panels: internal security, social security, and international security. The first panel included the following speakers: –– Krzysztof Szczerba (University of Lodz): Fight against corruption in the Third Republic. Assumptions, process, results. –– Marcin Błażewicz (JPU in Gorzów Wielkopolski): Development and new methods of fraud as a challenge for law enforcement agencies in the context of preparatory proceedings, and as prosecution and pun‑ ishment of perpetrators of punishable acts. –– Bartosz Kosmalski (University of Wrocław): Organized crime. –– Stanisława Nawrot (JPU in Gorzów Wielkopolski), Volunteer Fire Bri‑ gade in Słońsk and their tasks in the field of public security protection. –– Robert Kwaśniewski (Nicolaus Copernicus University in Toruń/ HVSS in Włocławek), Cancellation of due social insurance contribu‑ tions as an element of state social security. The second panel consisted of speeches given by: –– Klaudia Kluk (Technical and Comprehensive Schools Group in Gorzów Wielkopolski): Child’s sense of security in the home environment. –– Magdalena Zawicka and Elżbieta Nazar (HVSS in Włocławek): The phenomenon of violence in the opinions of children and adolescents from the city of Włocławek. –– Anna Tarnowska and Łukasz Przewodowski (HVSS in Włocławek): (Un)safe child online: threats and possibilities. –– Lidia Winiecka and Żaneta Nieckarz (HVSS in Włocławek): Secu‑ rity at school.

198 Joanna Lubimow, Report from the 4th National Student Conference...

–– Marcin Kapusciński (Kazimierz Wielki University in Bydgoszcz): Practical training of state defense unitson the example of youth from the Uniformed Technical School in Bydgoszcz. –– Marlena Kręplewska and Natalia Kankowska (HVSS in Włocławek): Provision of social security for students with disabilities on the exam‑ ple of students of the HVSS in Włocławek. –– Karolina Kozicka (JPU in Gorzów Wielkopolski): Procedural safe‑ guards in tax proceedings as a condition for the legal security of an individual.

In the third panel, presentations were given by: –– Izabella Żuk and Piotr Jarosz (University of Economics in Katowice): Security of EU countries. –– AlicjaFedoruk and Natalia Nowak (JPU in Gorzów Wielkopolski): An area of freedom, security and justice as a challenge for the Euro‑ pean Union and the Member States. –– Joanna Jędrzejewska and Marcin Pałys (University of Economics in Katowice), The importance of trade agreements for the economic security in modern economy, on selected examples. –– Karol Pikaus (JPU in Gorzów Wielkopolski), The legal security of an employee on the internal market of the European Union. –– Damian Guszpit (JPU in Gorzów Wielkopolski), Cultural heritage and armed conflicts.

The speakers addressed the issues of security in an interdisciplinary perspective. They emphasized the role of the state in creating social security con‑ ditions, and pointed to unfavorable phenomena affecting security, as well as to normative solutions being a tool for creating a secure country. The papers touched upon current security issues, organized crime, and a very important aspect: educa‑ tion in security. The interdisciplinary character of the conference created a space for students to convey and share their knowledge, views and experiences.

199

Łukasz Budzyński The Jacob of ParadiesUniversity in Gorzów Wielkopolski, Poland

Conference Report, IV National Scientific Conference, „National Security of Poland: Threats and Determinants of Change. Contemporary Aspects of Security Policy”. Gorzów Wielkopolski, Poland, 24 March 2018

A National Scientific Conference on „National Security of Poland: Threats and Determinants of Change. Contemporary Aspects of Security Policy” convened already for the fourth time in Gorzów Wielkopolski, Poland on 24 March 2018. The organizers were: the Department of Administration and National Security, Jacob of Paradies University in Gorzów Wielkopolski; Regional Center for Inter‑ national Debate, Gorzów Wielkopolski; Department of National Security, Jarosław Dąbrowski Military University of Technology, Warsaw; Department of the Science of Management and Security, Pomeranian Academy, Słupsk; Academic Center for German and European Studies, Jacob of Paradies University in Gorzów Wiel‑ kopolski. The Conference was held under the patronage of Prof.Dr. hab. Elżbieta Skorupska­‑Raczyńska, Rector, Jacob of Paradies University; Władysław Dajczak, Voivode, Lubuskie Voivodeship; the National Security Bureau. The objective of the Conference was to indicate the determinants of the contemporary national security environment on many levels (global, regional, sub‑ regional, and national) which might be, in the future, utilized for the evaluation and validation of the implemented security policies. At the beginning, Prof.Dr. hab. Grzegorz Kucharczyk, Dean, Department of Administration and National Security, Jacob of Paradies University, welcomed all the guests, and Prof.Dr. hab. Elżbieta Skorupska­‑Raczyńska, Rector, Jacob of Paradies University, officially opened the Conference. During the opening ceremony, speeches were delivered also by Elżbieta Rafalska, Minister of Fam‑ ily, Labor, and Social Policy, and by Władysław Dajczak, Voivode, Lubuskie Voivodeship. „New Fields of State Non‑Security”­ was the topic of the inaugural lecture by Prof. nadzw. Dr. hab. Andrzej Zybertowicz, Advisor to the President of the Studia Administracji i Bezpieczeństwa nr 5/2018

Republic of Poland.The lecture focused on the analysis of non‑traditional­ threats generated by the development of modern technologies. The Conference proper was divided into six panel discussions. Prof. Dr. hab. Bogusław Jagusiak, Head, Department of National Security, Jarosław Dąbrowski Military University of Technology, moderated Panel One under the title “Germany – European Union – Poland: Challenges to Security Policy in a Changing Europe”. Prof. Dr. hab. Grzegorz Kucharczyk, Dean, Department of Administration and National Security, Jacob of Paradies University, delivered the first presentation, “New ‘Middle Kingdom’: German Discussions on New Secu‑ rity Policy in the 21st Century”. The second presentation, by Dr. hab. Prof. nadzw. Eryk Łon, Poznań University of Economics and Business, member of the Monetary Policy Council and of the National Development Council, considered “National Currency as a Foundation of Economic Security of Poland”. Dr. Justyna Schulz, Director, Western Institute, delivered the third and last presentation, “Perceptions of Security in the Changing International Environment of Poland”. Panel Two, moderated by Dr. Juliusz Sikorski, Department of Adminis‑ tration and National Security, Jacob of Paradies University, was devoted to “The Theoretical Dimension of European Security.” Col. Dr. hab. Prof. nadzw. Juliusz Tym, Director, Institute of Military Strategy, War Studies University, Warsaw, dis‑ cussed “Asymmetric and Hybrid Threats to Contemporary Security of Poland”. The second presentation, “The Present Time and the Multiplication of Threats”, was delivered by Dr. Arnold Warchał, Military University of Technology. Then, Dr. Natalia Moch, Military University of Technology, presented the topic of “Designing the Security Strategy of the European Union”. Another participant from the Military University of Technology, Dr. Jerzy Stańczyk, discussed “The Determinants of European Security Policy”. Dr. Justyna Stochaj, also of the Mili‑ tary University of Technology, delivered a presentation on “Protection of Civil Population in the Activities of the European Union in the Area of Security”. Next, Dr. Lech Chojnowski, Pomeranian Academy, Słupsk, presented “National Values as the Foundation of Security Policiesof Member States of the European Union.”The final panelist from the Military University of Technology was mgr Krzysztof Szwarc with a presentation on “The Influence of the European Union on the Enhancement of the Critical Infrastructure of the State”. Panel Three was entitled “The Practical Dimension of European Secu‑ rity” and moderated by Dr. Tomasz Marcinkowski, Department of Administration and National Security, Jacob of Paradies University. The first panelist, Arkadiusz Siwko, former CEO, Polish Armament Group, discussed “Defense Industry in the

202 Łukasz Budzyński, Conference Report, IV National Scientific Conference...

Doctrine and Practice of the Leading Countries of the European Union and of the United States”. Col. Dr. hab. inż. Waldemar Kawka, War Studies University, deliv‑ ered a presentation on “Illegal Use of Explosives: Another and Important Threat to National Security and Public Order in Poland and Europe”. Then, Col. Rafał Miernik, Commander, 12th Wielkopolskie Brigade, Territorial Defense Forces, presented „Selected Aspects of Capability Building of a Territorial Defense Forces Brigade on the Example of Wielkopolskie Voivodeship”. Next three panelists were members the faculty of the Jacob of Paradies University: Dr. Andrzej Skwarski, “Transborder Surveillance in Obtaining Crime Evidence”; Dr. Robert Maciejczyk, „SIS II as an Information Technology Support inthe Search for Persons and for Crime Related Objects”; Dr. Waldemar Zakrzewski, „The Role and Tasks of the Battle Groups of the European Union in the European Security System”. Panel Four, “Security in Electronic Administration Proceedings”, was moderated by Dr. Robert Słabuszewski, Department of Administration and National Security, Jacob of Paradies University. Dr. Katarzyna Samulska, Jacob of Paradies University, delivered the first presentation, “Secure Electronic Signature in Administration Proceedings”. The second presentation, by Dr. Jacek Jaśkiewicz, also of the Jacob of Paradies University, considered “Granting of the Functionality of Public Subject in ePUAP”. Finally, mgr Dominika Skoczylas, Department of Law and Administration, University of Szczecin, presented „Informatization of the Tasks of Administartion in the Field of Public Tenders”. Panel Five on “Cyberviolence in School: Issues and Countermeasures” was moderated by Dr. hab. Przemysław Rotengruber, Department of Humanities, Jacob of Paradies University. Dr. hab. Beata Orłowska, Jacob of Paradies Univer‑ sity, discussed the topic of “Schoolchildren as Digital Natives in Cyberspace”. Next, Dr. Sylwia Gwoździewicz, also of the Jacob of Paradies University, deliv‑ ered a presentation on “Cyberviolence of Children and Youths in International Empirical Research of Poland, Slovakia, and the Czech Republic”. The last panel‑ ist was Melina Fuentealba­‑Prötel, „Mobbing on the Internet: A Presentation of the Project Realized by German Partners of the Brandenburg University of Technol‑ ogy, Cottbus, Germany”. The final Panel Six, entitled “State, Church, and Society Facing the Issues of Migration”, was moderated by Dr. Piotr Krzyżanowski, Department of Admin‑ istration and National Security, Jacob of Paradies University. All the panelists were also members of the faculty of the Department of Administration and National Security, Jacob of Paradies University: mgr Joanna Lubimow, “The Position of the Government of Poland on Migrations”; Dr. Juliusz Sikorski, “The Roman Catholic

203 Studia Administracji i Bezpieczeństwa nr 5/2018

Church in Poland and the Issues of Migration”; Dr. Tomasz Marcinkowski, „The Sense of Security of the Population of the Polish­‑German Borderland in the Opin‑ ion of Local Self­‑Government Officials”; Dr. Anna Chabasińska, „Between Poland and Iceland: Adaptation Startegies of Polish Immigrants, 2014‑2017”.­ Both in the theoretical and the practical dimensions of the thought on the determinants of the contemporary security environment, the Conference proved to be an important and inspiring space. In addition, interdisciplinarity significantly increased the value of the Conference. Because the Conference is cyclical and took place already for the fourth time, it will hopefully become a permanent part of feature in the calendar of debates of this kind in Poland.

204 Katarzyna Samulska The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Report from the II National Scientific Conference on “Changes in Administrative Procedural Law From the Perspective of Practice and Theory,”Jacob of Paradies Academy in Gorzów Wielkopolski,6 April 2018

The second nationwide scientific conference devoted to changes in administrative procedural law from the perspective of practice and theory took place on 6 April 2018 at the Jacob of Paradies Academy in Gorzów Wielkopol‑ ski. A co­‑organizer of the Conference, besides the Department of Administration and National Security of the Jacob of Paradies Academy, was the Local Govern‑ ment Appeal Court in Gorzów Wielkopolski. The conference gathered about 70 interested participants in its subject matter. Both representatives of the world of science and practice. In addition to the faculty of the Jacob of Paradies Academy in Gorzów Wielkopolskim the Conference was attended by academic staff from the Adam Mickiewicz University in Poznań, University of Wrocław, University of Szczecin, University of Zielona Góra, and Social Academy of Sciences in Lodz. The Conference was also attended by presidents and members of self­‑government appeal boards from the whole country, judges of administrative courts, including the president of the Voivodeship Administrative Court in Szczecin, representatives of the self­‑government of Lubuskie Voivodeship, representatives of local self­ ‍‑governments andother public institutions, and legal professionals. During the Conference, three panels were organized, each composed of rep‑ resentatives of the administrative law community: academics, administrative court judges, legal advisers and members of the Local Government Appeal Colleges. Among the topics discussed by the speakers, several were related to the last amendment to the Code of Administrative Procedure which entered into force on 1 June 2017. Discussed were reasons for introducing the changes, new rules for resolving doubts, and citizens’ trust. Also raised during the proceedings were de legeferenda changes regarding administrative, tax, and court­‑administrative procedures. There was also a lively exchange of opinions that allowed us to clarify the interpretation doubts of the new legal regulations. The importance of applying Studia Administracji i Bezpieczeństwa nr 5/2018 the law was emphasized as an element of building trust in public administration bodies. Considered were such changes that would strengthen the functioning of public administration and improve its operation together with the adjudication activity of appeal colleges.

206 Part V

Reviews

Juliusz Sikorski The Jacob of Paradies University in Gorzów Wielkopolski, Poland

Krzysztof Liderman, Bezpieczeństwo informacyjne. Nowe wyzwania [Information Security: New Challenges], Warsaw, Poland: Wyd. Nauk. PWN SA, 2017

During the last several decades, the dynamic development of telecom‑ munications technologies caused civilizational transformations that resulted in the emergence of information societies. The dissemination of capabilities associ‑ ated with the development of telecommunications infrastructure, systems, and programs is an integral part of that process. Data flows on an unprecedented scale resulted from the widespread application of electronic devices for information processing and, consequently, the digitalization of management processes, the launch of e­‑services in the public and private sectors, and the displacement of classic means of communication by new methods based on the Internet proto‑ col. Inevitably, this phenomenon created temptations to monitor the data flows and to acquire data that can be used for various benefits. Research aiming at the development of the means to protect information in telecommunications networks became an answer to these threats. This interdisciplinary topic encompasses many major fields and narrower disciplines of science, some of which are far one from another.1Because of the hermetic character of those fields and disciplines, the topic attracts enquiries by a wide variety of scientists. Unfortunately, they often fail to comprehend the full complexity of the topic. Information Security: New Challenges, a book by Krzysztof Liderman, Ph.D., B.Eng., attempts to overcome barriers between the different sciences. The author, employed in the Falculty of Cybernetics, Military University of Tech‑ nology, undertook to establish a common platform for better „understanding of technological issues by persons with no background in technology – those who usually create acts of law, policies, and strategies” (p. 10).

1 The encompassed fields include the field of engineering and technology (the disciplines of automation, electronics and electrotechnology, technological information science, and telecommunications), the field of social sciences (the disciplines of security studies, management and quality studies, and law), and the field of natural sciences (the discipline of information science). Studia Administracji i Bezpieczeństwa nr 5/2018

The book is divided into seven chapters. Chapter One introduces readers to the topic of information protection. Explained are such indispensable notions as privacy, anonymity, confidentiality, threats, susceptibility, security measures, incidents, and the management of them. Also presented are the basics of design of information security systems. Beside the basic security theorem, Chapter Two covers selected formal models of information protection that shape policies in this area. Those include the Graham­‑Denning, Bell­‑LaPadula, Biba, Brewer­‑Nash, Clark­‑Wilson, and Harrison­‑Ruzzo­‑Ullman models. Chapter Three is devoted to risk management in the context of informa‑ tion security which is a consequence of risk­‑centered approach to the management of organizations. Presented is the process of management with relevant norms and standards. A following analysis focuses on the identification of the scope of risks, the risk environment, threats, susceptibility, and quantitative and qualitative meth‑ ods of risk estimation. Then, Chapter Three discusses the reduction, acceptance, and administration of risks. Key rules of documenting information security systems are presented in Chapter Four: the information security policy, plan, instruction, and procedures. Discussed then are methods of documenting the undertakings to assure the conti‑ nuity of functioning of organizations, technical measures to assure the information continuity of functioning, and sample structures of a “Continuity of Function‑ ing Plan,” beyond a narrowly understood information protection in information systems. Chapter Five discusses the examination and evaluation of the state of protection of information resources processed mainly in information and telecom‑ munication systems. Taking into account the software and hardware, the author proposes a technical diagnostics method and assures that it makes possible a com‑ plex evaluation of the state of information protection. Hence, introduced are the issues of penetration tests and information audits. The final part of Chapter Five is devoted to the LP­‑A methodology characterized by two audit paths: formal and technical. This methodology became a model for the development of suc‑ cessive information security methodologies. An annex to the book presents the LP­‑A methodology in detail. The author reviews the norms and standards of information security in Chapter Six. Three subchapters are devoted to: norms and standards supporting the design and production of secure products and systems; norms and standards

210 Juliusz Sikorski, Krzysztof Liderman, „Bezpieczeństwo informacyjne... supporting information security management; other norms and standards assisting the evaluation and management of information security. Finally, in Chapter Seven, the author crosses the borders of technical sci‑ ences and turns to the humanities and social sciences, especially sociology, in which information security is perceived as, first of all, a process of formulation and dissemination of information. In particular, the author discusses: information security content in government documents; strategic communication whose basic objective is to strengthen its own credibility. An annex at the end of the book, as mentioned above, provides a com‑ prehensive presentation of the LP‑A­ methodology of auditing information and telecommunication security. Defined are several components of the methodol‑ ogy: the characteristics of an audit team with the qualifications and the extent of competences of its members; the necessary technical instruments; the examination process; the specifics of audit documents and data flow diagrams; diligent prac‑ tices in both the formal path and the technical path. Due to its approach to the topic, and especially to the way of presenting it to the readers, the book should be a required reading for professionals dealing with information security in all kinds of organizations. This includes persons with no technology background, because for them the book can facilitate the understand‑ ing of – most often complicated – matters of information science. Also university students should undoubtedly be among the readers – students of engineering and, equally, of other fields, even those not strictly associated with information science but related to different dimensions of the security of the state and its institutions.

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Tomasz Tulejski University of Lodz, Poland

Everything You Always Wanted to Know About Islam* (*But You Were Afraid to Ask) Mirosław Sadowski, Islam. Religia i prawo [Islam: Religion and Law], Warsaw, Poland: Wolters Kluwer, 2017

For the residents of Poland and Central‑Eastern­ Europe in general, the perception of Islam as a religion and civilization was, until recently, strongly deter‑ mined by history. This part of Europe, since the end of the seventeenth century, had no direct contact with countries in which Islam was the dominant religion, and with the opression of Europe by the Ottomans. These factors, and the lack of a large Muslim minority in Poland, resulted in the image of Muslims that was associated with characters from Henryk Sienkiewicz’s Pan Wołodyjowski his‑ torical novel, Polish Tatars, or hosts of tourist trips to North African countries. However, those who visited France, Benelux, Sweden, or the United Kingdom, could easily notice that imperceptibly Islam has recently become an immanent part of their social, cultural and political reality. The mass influx of the mostly Islamic immigrants coming from Africa and the Middle East to Europe, which has all the signs of invasion and pressure on Poland to accept some of them, has made Islam become an issue not only purely theoretical, but also one which make us ask the questions about the essence of European identity and the relations between civili‑ zations. This last question is particularly important if one accepts the old thesis of Feliks Koneczny that civilizations do not merge, but by their very nature they are destined to confront with each other. That is why it is so important for contempo‑ rary Poles to know what Islam really is – not only a religion, but also a civilization. There is a need for knowledge free of harmful prejudices, and from the naivety of supporters of uncontrolled Muslim migration to the Old Continent. Mirosław Sadowski’s monograph is a great tool to acquire this knowl‑ edge, especially since it is written from a specific perspective by a lawyer and a political philosopher. The author is a researcher recognized for many years and the head of the Centre of Oriental Law Research at Wrocław University, previ‑ ously known for his publications on Christian thought. Professor Sadowski in Studia Administracji i Bezpieczeństwa nr 5/2018 his monograph aims to show the law of Islam as the idea and consequences of practical application, with many fundamental questions: Is there really no distinc‑ tion between the sacred and profane in the Islamic civilization? Does this religion regulate all matters of the everyday life of its followers? Is it reasonable, then, that Islam is a total system that outlines an extremely narrow margin of freedom for its followers? What role does the law play in this model? Is it correct to say that both sin and crime can be punished in the Muslim countries by state courts? What is the Sharia position in these states? Is the system immune to change, and all attempts to modernize it are unsuccessful? What role did Muhammad play in the creation and development of Muslim law? Are Islamic religion and law so inseparably connected that it is impossible to change one factor without changing the other? What is the source of Muslim law? Can Islamic law be compatible with the values proclaimed by the civilization of the Occident: equality before the law, individual freedom, democracy as a model of governance? The author is not interested in the semantic complexities of linguistics, because as a lawyer and researcher of the history of political and legal ideas, he sets different goals. Therefore, he analyzes Muslim law as a kind of idea, and consequences of applying this idea in practice, while at the same time referring to Islamic political thought. However, this is not a mistake, but a deliberate omission, because, as he points out, it is so interesting that it deserves a separate and extensive study. The book is divided into two parts, the first of which concerns the birth and development of a new religion and presents the religious situation and beliefs on the Arabian Peninsula before the rise of Islam. Next, the activity and religious message of Muhammad is discussed in relation to the content of the Koran and the religious tenets of the new religion. The second part is about Sharia itself. First, the duties that religion imposes on its followers, and then the character of the law of Islam and the main concepts appearing in Islamic jurisprudence are discussed. An important element of this part is the analysis of sources of Muslim law, which include the Quran, Sunnah, Ijma, and Qiyas. This part ends with deliberations on how to remove contradictions in Islamic law and on the possibility of its modern‑ ization. The author reaches not only for sources, but also for the most important positions of Western literature and, what is particularly valuable, for works of Muslim authors translated into occidental languages. Striking from the beginning is Professor Sadowski’s great erudition, consistency of the argument, the accuracy of the argumentation for proving the theses and convincing conclusions coming from the meticulous analysis.

214 Tomasz Tulejski, Everything You Always Wanted to Know About Islam...

The general conclusion after reading this brilliant book is the impossibil‑ ity of reconciling Islam with European values and democracy – as confirmed by the European Court of Human Rights which, in the case of the Turkish party Refah Partisiv in 2003, explicitly stated that Sharia law is incompatible with the basic rules of democracy. Moreover, Islam as a religion and civilization is fundamen‑ tally contradictory to the two fundamental values that underpin European legal identities: equality before the law and freedom of expression, especially in the sphere of religion. This is related to the second conclusion that follows from the reviewed monograph, i.e., the impossibility of modernizing Islam. This is due to its fundamental assumptions and the reluctance of the majority of Muslims. Since true Islam is simultaneously a religion, law and politics, it is impossible to separate these spheres without significantly altering Islam itself as a religion. In the case of the separation of these three spheres of social life, we would have to deal with a completely different Islam. According to the author, it is difficult to imagine in the foreseeable future. Therefore, the Koneczny rule quoted at the outset seems, in the light of Professor Sadowski’s analysis, fully justified, requiring Europe to re‑establish­ the foundations of its consciousness and its relation to the cultural and political threat of Islam entering the areas for centuries attributed to the West. Today, both the influx of Muslims to Europe, as well as numerous terrorist attacks and attempts by Muslims, have led to the situation when many inhabitants of our continent have began to feel a justified fear of believers of Islam. In order to overcome this fear and find effective methods of defense, it is necessary to have the knowledge about the threat of today’s Islam. This knowledge is unquestionably provided by the per‑ fect monograph of Professor Mirosław Sadowski. Therefore, if you would like to know more about Islam (but you are afraid to ask), you should reach for this book.

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