Legal aspect of prohibition on taking up gainful employment and conducting business activities by a professional soldier
Legal aspect of prohibition on taking up gainful employment and conducting business activities by a professional soldier

Summary/Abstract: The employment relationship of a professional soldier distinguishes him from persons working under an employment contract not only by numerous rights, but also by numerous restrictions. Professional military service requires availability and is characterised, among other things, by subordination in the service. One of the restrictions is also refraining from taking up additional gainful employment outside of service without the permission of the commander of the military unit in which the soldier serves. This article aims to analyse the regulations related to taking up paid employment and conducting business activity by professional soldiers. This institution is defined in Article 335 of the Act of 11 March 2022 on the Defence of the Homeland and in the Regulation of the Minister of National Defence of 13 June 2023 on the performance of paid employment or conducting business activity by professional soldiers. The author compared the applicable regulations in this regard with the repealed Act of 11 September 2003 on the military service of professional soldiers. He then answered the research question whether the Act on the Defence of the Homeland and related implementing regulations adequately regulate the discussed issues? In the analysis of legal acts, the author used a formal-dogmatic method supplemented by a theoretical-legal method. In summary, he pointed out provisions which, in his opinion, require clarification of supplementation.

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