Rekwizycje i świadczenia wojenne w systemie prawa publicznego
Requisitions and war burdens in the public law system

Summary/Abstract: The article analyses war burdens and requisitions as specific instruments of public law designed to safeguard the state's defence needs. It posits that even in times of war, mobilisation or other security threats, these institutions remain bound by the principles of the rule of law, in particular legality, proportionality and the requirement for judicial review. Accordingly, an attempt is made to answer questions concerning the legal nature of war burdens, the relationship between them and requisitions, their place within the structure of emergency administration, and the impact of contemporary technological threats on the scope of their application. The study was based on a dogmatic-legal approach, utilising a linguistic, systemic and functional interpretation of provisions of national and international law, supplemented by elements of comparative analysis. The analysis carried out has shown that war contributions constitute a specific form of public burden imposed by the state on citizens and economic operators, whereas requisitions operate primarily within the framework of the law of armed conflicts and have a different basis for their legitimacy. It was also established that technological development and the digitalisation of state infrastructure require a reinterpretation of traditional categories of property and may lead to the regulation of intangible assets and digital resources as well. Consequently, it was concluded that maintaining the effectiveness of the institutions in question requires a clear statutory basis, the temporary nature of the intervention, adequate compensation mechanisms, and effective oversight of legality. Only such solutions allow maintaining a balance between the imperative of state security and the protection of individual rights.

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