The notion of activities for the independent existence of the Polish State on the basis of the so-called February Act Cover Image

Pojęcie działalności na rzecz niepodległego bytu Państwa Polskiego na gruncie tzw. ustawy lutowej
The notion of activities for the independent existence of the Polish State on the basis of the so-called February Act

Author(s): Dominik Bierecki
Subject(s): History of Law, Law and Transitional Justice, Post-Communist Transformation
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: independence activities; repression; liability of the State Treasury;

Summary/Abstract: Under the Act of 23 February 1991, victims of repression during the communist era are entitled to claim compensation from the State Treasury. The condition is that they conducted activities for the independent existence of the Polish State. This concept is not defined by statutory law. The article aims to explain it. The research thesis of the article is that the phrase "activity for the independent existence of the Polish State" is of an indeterminate nature and examples from case law allow for determining its scope. The article specifies judicially developed conditions for recognizing activities as undertaken for the independent existence of the Polish State. The article was prepared using the doctrinal legal research method.

  • Issue Year: 44/2025
  • Issue No: 3
  • Page Range: 80-94
  • Page Count: 15
  • Language: Polish
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