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The Range of the Contemporary Activity of Polish Police in the Context of Social Responsibility of State Institutions

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The Range of the Contemporary Activity of Polish Police in the Context of Social Responsibility of State Institutions The Range of the Contemporary Activity of Polish Police in the Context of Social Responsibility of State Institutions Marian Mroziewski ORCID: 0000-0001-6871-4390 Police Academy in Szczytno, Poland Abstract. The content of the study focuses on the issue of the subject matter and scope of the contemporary Police in Poland with reference to the achievements of the theory of state and law. In the field of the subjective scope the organisational structure of the Police, the main determinants of its activities, key organisational units, their participation in the structure of government administration power and in the system of organisations participating in the protection of human and public safety were presented. The main tasks of Polish Police, including the international aspect, the powers of the whole formation and policemen, and possible forms of action in relation to the concept of social responsibility of state institutions are presented. The perceived effects of Polish Police activities in the area of social security are also described. Keywords: security of people, social security, power and tasks of the Police, Police organisational structure DOI: 10.5604/01.3001.0014.1575 http://dx.doi.org/10.5604/01.3001.0014.1575 Introduction The analysis of the contemporary subject-object scope of the activities of Polish Police aims research interests towards the search for premises that have gener- ally contributed to the definition of the formation itself and the definition of its mission by the Nation in the form of the Police Act. The achievements of the sci- ences of politics and administration, including the theory of state and law, provide a broad plan for these analyses. On its basis, it is assumed that a specific population of people forming the personal foundation of the state is divided into those who govern, and those who are governed, which is an analytical consequence of the notion of state power1. However, the content of the Constitution of the Republic of Poland of 1997 states that: 1) the supreme authority in the Republic of Poland belongs to the Nation, which holds power directly or through its representatives appointed in accordance with the rules of a democratic state of law; 2) the system of the Republic of Poland is based on the division and balance of power: legislative power held by the Sejm and Senate; executive power, which is fulfilled by the Presi- dent of the Republic of Poland and the Council of Ministers; and judicial power held by courts and tribunals2. The described system of the Republic of Poland reflects the dominant order in Western European countries. In the opinion of Gordon Smith, it is based on the basic pattern that the parliamentary system sets the direction 1 Lang W, Wróblewski J, Zawadzki S, Teoria państwa i prawa. Warsaw, 1979, p. 64. 2 Konstytucja Rzeczypospolitej Polskiej. Warsaw, 1997, p. 4. Internal Security, Special Issue 85 Marian Mroziewski of policy, while its effective implementation is ensured by administrative institu- tions from the area of the so-called constitutional bureaucracy3. It is dominated by the Napoleonic system, as a continuation of the Roman administration system, which includes: a structured code of law, the organisation of central government on a functional basis, and the recruitment of qualified and proven personnel according to certain criteria. This staff operates under formalised conditions, with the privileges of long-term employment guarantees, and promotion rules based on a balance between qualifications, merit and seniority. In return, civil servants are expected to comply with formal rules and procedures and to ensure that they never deny or undermine the authority of political power4. The group of executive institutions consists of police formations, including the Polish Police. It was established on the basis of the Act of 6 April 1990 on the Police. The provisions of this act defined the subjective scope of its activities, i.e. individuals, groups of people, organisations, organisational units of the Police, and the subjective scope which includes: things, intangible objects, people’s behaviour, powers of police officers and the Police5. Adopted twenty years ago, the subject- matter framework of the Polish Police was undergoing certain changes until 2019 in the direction of its socialisation by reducing the importance of the then adopted foundations of the neoliberal parliamentary democracy. The subjective scope of Polish Police At the beginning of April 1990, an apolitical, armed and uniformed formation was established to protect the security of citizens and to maintain public safety and order6. The Chief Commander of the Police, as the superior of all Police officers, received the status of the central officer of the state administration in the sphere of the implementation of the basic mission defined in the Act for formation. The functions of supervising and supporting the Police are performed by the minister — the civil-political body responsible for internal affairs, to which the Chief Police Commander reports, appointed by the Prime Minister and at the insistence of him7. However, the minister in charge of internal affairs is responsible for such matters as8: the creation and abolition of municipal police stations performing tasks in the area of the cities and districts in the Masovian Voivodeship (compare: the following counties); the creation and abolition of county police stations for a district or several districts of the Capital City of Warsaw and determining their names as well as deter- mining the territorial jurisdiction of the Police district commanders; appointing and dismissing: the deputy Police Chief Commander, voivodeship commanders, Warsaw Police Commander, commander of the Central Police Investigation Bureau, 3 Smith G, Życie polityczne w Europie Zachodniej. Londyn, 1992, p. 255. 4 Ibid., p. 262, pp. 265–266. 5 Based on: Morawski L, Wstęp do prawoznawstwa. Toruń, 1996, p. 168; Pieprzny S, Admi- nistracja bezpieczeństwa i porządku publicznego. Rzeszów, 2008, p. 93. 6 Ustawa z dnia 6 kwietnia 1990 r. o Policji, Dz.U. 1990, No. 30, item. 179, pp. 385. 7 Sawicki J, Ziółkowski J, Bezpieczny Obywatel. Samorząd — policja. Warsaw, 1999, pp. 7–8. 8 Ustawa z dnia 6 kwietnia 1990 o Policji, Dz.U. 2019, item. 161, pp. 11–12. 86 Internal Security, Special Issue The Range of the Contemporary Activity of Polish Police… commander of the Police Internal Affairs Bureau, while maintaining the statutory procedure of giving opinions on the candidates. The minister competent for internal affairs shall also specify by regulation9: the police equipment; uniforms, distinctions and identification marks of police officers; the rules and manner of wearing uniforms and orders, emblems, medals, and badges; uniform standards; the template and procedure for assigning a banner to Police organisational units; a pattern of police badges, and detailed rules and procedures for bestowing them on police officers; the rules of personnel calculations in the Internal Affairs Office of the Police. The current scope of Police activity results from the statutory content of their definition and the content of the oaths taken by police candidates. The police are defined as a uniformed and armed formation serving the society, and designed to protect people’s security and to maintain public safety and order. On the other hand, police officers through their oath undertake to: serve faithfully to the nation; protect the legal order established by the Polish Constitution; and guard the secu- rity of the state and its citizens10. The Police in Poland, as an armed and uniformed formation, belongs to the group of state organisations operating in the system of continuous work. It also includes such formations as: the Armed Forces of the Republic of Poland, Military Gendarmerie, Border Guard, State Protection Service, Railway Protection Service, Prison Service, Forest Service, Internal Security Agency, Customs and Fiscal Inspec- tion, and Inspection of Road Transport. The Polish Police carry out tasks in total as one of the elements of the broadly understood national security system involv- ing, apart from the institutions mentioned above, also11: the Public Prosecutor’s Office, Central Anti-Corruption Bureau, General Inspector of Financial Information, State Hunting Guard, State Fisheries Service, State Fire Service, company and military fire brigades, voluntary fire brigades, and other specialised guards, e.g. mountain, water, municipal and city guards, civil public administration bodies, spe- cialised inspections, e.g. the State Labour Inspectorate, State Trade Inspectorate etc. In the opinion of Stanisław Pieprzny, the Police, in the group of all public authorities participating in the sphere of security administration, received key competences from the legislator to ensure public safety and order, with the important principle of serving the public; all other entities are complementary (additional) in relation to the tasks of the Police12. The Chief Commander of the Police, the Regional Police Chief, and the Municipal Police Chief perform their tasks with the help of their subordinate police stations13. The Regional Police Chief, in cooperation with the Police Chief Commander, may, if necessary, set up a railway, water, air or other specialist police station, while the Municipal Police Chief may currently organise districts for community police 9 Ibid., p. 16–17. 10 Ibid., p. 8–51. 11 Letkiewicz A, Szankin T, Organizacja i zarządzanie. Kompetencje menedżerskie w Policji.
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