The Act Of 17 December 2004 On Liability For Violation Of The Public Finance Discipline

Original Language Title: USTAWA z dnia 17 grudnia 2004 r. o odpowiedzialności za naruszenie dyscypliny finansów publicznych

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DIVISION I General provisions Art. 1. [range] Act sets out the rules and responsibilities for violation of the public finance discipline, competent authorities and the proceedings in cases of violation of discipline in public finances.

Article. 2. [Referral] Determine that section II: "public finances", "public", "public finance sector unit", "budget", "financial plan", "Outlook", "grant", "standby", "report on the implementation of the processes of collecting public funds and their distribution" and "management control" has the meaning given to them in the Act of 27 August 2009. public finance (OJ No 157, item 1240, as amended).

Article. 3. the [exclusion of application of the provisions of the Act] the provisions of the Act, subject to article 22. 16, it does not apply to the determination, the determination, collection, or payment of customs duties and charges for taxes and fees referred to in article 1. 2 § 1 paragraphs 1 and 3 of the Act of 29 August 1997 – tax (Dz.u. of 2012.749, as amended), the revenue of the State budget or local government units, including interest on arrears, as well as the granting of concessions and exemptions in respect of these claims.



TITLE II Liability for violation of the public finance discipline Chapter 1 the scope of liability for violation of the public finance discipline Article. 4. [a person subject to liability for violation of the public finance discipline] 1. Liability for violation of the public finance discipline shall, subject to article 8. 4A: 1) persons included in the authority of the executing State budget or financial plan public finance sector or of the management body of the entity niezaliczanego to the public finance sector, to which it has delegated to the use or disposition of public funds, or the property of the management of these units or entities;

2) steering units of the public finance sector;

3) employees of public finance sector entities or other persons to whom a separate law or under it was entrusted with the performance of the duties in this unit, whose non-performance or improper performance is an act that violates public finance discipline, subject to paragraph 2. 2;

4) persons acting on behalf of an entity niezaliczanego to the public finance sector, to which it has delegated to the use or disposition of public funds, activities associated with the use of these measures or other disposal of these measures.

2. In the event of a breach of public finance discipline referred to in article 1. 17 a person other than an employee of the public finance sector, which on the basis of the provisions on public procurement the contracting authority has entrusted the preparation or conduct of the proceedings for the award of a public contract, acting as an agent of the purchaser shall be liable for a violation, if the contracting authority is a public finance sector or provided the public contract is financed from public funds.

Article. 4A. [a person subject to liability for the infringement referred to in article 13] responsibility for the violation of public finance discipline referred to in article 1. 13:1) persons required or authorized to act on behalf of an entity, whether a separate law or on the basis of either under contract or by agreement was entrusted with certain tasks relating to the implementation of the programme financed by involving funds from the budget of the European Union, the non-refundable funds from aid granted by the Member States of the European free trade agreement (EFTA) or other funds from foreign sources non-refundable , hereinafter referred to as "EU funds or foreign";

2) persons required to implement EU-funded project with the participation of EU funds or foreign, which public funds intended for the implementation of this project or that make use of such measures;

3) persons required or authorized to act on behalf of an entity liable for the implementation of the EU-funded project with the participation of EU funds or foreign, to whom public funds intended for the implementation of this project or that uses such measures.

Article. 5. [the State duties to constitue a] 1. Violation of public finance discipline is: 1) failure to identify claims the State Treasury, local government unit or any other unit of the public finance sector or to establish such a duty in the amount lower than that resulting from the correct calculation;

2) niepobranie or enforce claims of the State Treasury, local government unit or any other unit of the public finance sector or download or the investigation of the charges in the amount lower than that resulting from correct calculation;

3) incompatible with the provisions of the remission of the State Treasury, local government unit or any other unit of the public finance sector, to defer its repayment or repayment distribution HP or admission to this limitation;

4) (repealed).

2. (repealed).

3. the provisions of paragraphs 1 and 2. 1 do not apply to contributions receivable for collection which are required the social insurance Institute and President of the Agricultural Social Insurance Fund.

Article. 6. [violation of public finance discipline] violation of public finance discipline is: 1) failure within budget due to the amount of collected revenue owed to the State Treasury or local government unit;

2) failure within the payment to the budget in the amount of income payable by the budgetary surplus assets by local government financial undertaking or surplus funds by the Executive Agency.

Article. 7. [Purpose of revenue expenditure budgetary unit] in violation of public finance discipline is the purpose of the income obtained by the budget on expenditure incurred in this unit.

Article. 8. [transfer of subsidies in violation of the rules] violation of public finance discipline is: 1) transfer or grant in violation of policy or mode of transmission or provision of grants;

2) could not approve within the proposed settlement of the grant;

3) customer's failure to identify the amount of the grant to be recovered in the budget.

Article. 9. [the spending of grants in accordance with intended purpose] violation of public finance discipline is: 1) disbursement of grants in accordance with the intended use specified by granting the subsidy;

2) failure within the grant received;

3) failure to return within the time of a grant payable amount.

Article. 10. [the change in the budget or financial plan without authorization] violation of discipline in public finances is to make changes in the budget plan, which forms the basis for financial management unit of the public finance sector without authority or in excess of the range.

Article. 11. [An expenditure from public funds without authorization] violation of discipline in public finances is to make the expenditure of public money without the authorization of a particular budgetary Act, by resolution of the budget or financial plan or in excess of the scope of the authority or in breach of the provisions relating to the making of the different types of expenditure.

Article. 12. [purpose of fiscal reserve funds to a different destination] violation of public finance discipline is earmarking provisions for different purpose than specified in the grant decision.

Article. 13. [violation of procedures for transfer of funds from the budget of the European Union] in violation of public finance discipline is: 1) the grant or transfer of funds related to the implementation of the programmes or projects financed with the participation of EU funds or foreign without, or in violation of the procedures for their grant or transfer;

2) failure in the period by granting or transferring funds related to the implementation of the programmes or projects financed with the participation of EU funds or foreign settlement;

3 failure to identify the amount of refundable) related to the implementation of the programmes or projects financed with the participation of EU funds or foreign or determination of such amount in the amount lower than that resulting from correct calculation;

4) enforce to be recovered amount related to the implementation of programmes or projects financed with the participation of EU funds or foreign or investigation of such amount in the amount lower than that resulting from the correct calculation;

5) incompatible with the provisions of the waiver to be recovered amount of measures relating to the implementation of the programmes or projects financed with the participation of EU funds or foreign, to postpone the repayment or repayment distribution HP or admission to this limitation;

6) the use of public funds or funds provided from public funds, related to the implementation of the programmes or projects financed with the participation of EU funds or foreign, in accordance with the intended purpose, or in violation of the procedures for their use, including: a) the procedures referred to public procurement regulations only to the extent specified in article. 17,


(b)) the procedures laid down by public works concession or a service-only to the extent specified in article 2. 17A;

7) failure in time by receiving or using public funds or funds from public funds, related to the implementation of the programmes or projects financed with the participation of EU funds or foreign, of those measures;

8) failure in time or in due to the amount of a refund of the amount of public funds or funds provided from public funds, related to the implementation of the programmes or projects financed with the participation of EU funds or foreign;

9) failure on the date or within the due amount of the return of the amount of public funds or funds provided from public funds, related to the implementation of the programmes or projects financed with the participation of EU funds or foreign, by an entity through which these measures are returned.

Article. 14. [Unpaid contributions] violation of public finance discipline failure within the time limit by the public finance sector: 1) social security contributions, 2) premiums for health insurance, 3) contributions to the Labour Fund, 4) contributions to the employee benefits Guaranteed Fund, 5) deposits into the State Fund for rehabilitation of disabled persons-or pay in the amount lower than that resulting from the correct calculations.

Article. 15. [making a commitment without authorization] violation of public finance discipline is making a commitment without the authorization of a particular budgetary Act, by resolution of the budget or financial plan or out of bounds this authorization or in violation of the provisions on the obligations by the public finance sector.

Article. 16. [default] 1. Violation of public finance discipline is non-unit liabilities within the public finance sector, including the obligation to refund the duty, tax, overpaid or wrongly paid social security contributions or health, which results in a payment of interest, penalties, or charges or interest on those debts.

2. Does not constitute an infringement of public finance discipline omission referred to in paragraph 1. 1, concerning the obligation to refund the duty, tax, overpaid or wrongly paid social security contributions or health if payment of the interest or the interest rate are related to activities aimed at the determination of the merits of these claims.

Article. 17. [violation of public procurement procedures] 1. Violation of the discipline of public finances does not comply with the provisions on public procurement: 1) describe the subject of the public contract in a way that might hinder fair competition;

2) to determine the value of a public contract or a part thereof, if this had an impact on the obligation to apply the provisions on public procurement or to apply the provisions on public contracts with a lower value;

3) describe how to evaluate compliance with the conditions for participation in the procedure for the award of a public contract in a manner unrelated to the subject matter of the contract or disproportionate to the subject of the contract;

4) determination of criteria for the evaluation of tenders;

5) failure to notice in the official journal of the European Union or niezamieszczenie in the Bulletin of public procurement notice, notice of the change notice or notice of award;

6) failure to report within the time limit of the President of the Office of public procurement to initiate the procedure for the award of a public contract.

1a. Act or omission referred to in paragraph 1. 1 does not constitute an infringement of public finance discipline, if: 1) has been corrected in such a way that the compatibility of the activity and the course of the proceedings to the provisions on public procurement;

2) there was the award of a public contract.

1B. the violation of the public finance discipline is the award of a public contract: 1) contractor, who was not selected in the mode specified in the provisions on public procurement;

2) in breach of the provisions on public procurement on the conditions for the application of public procurement modes: negotiated procedure without publication, with the free hand or a query about the price.

1 c. Violation of discipline in public finances is a violation of the provisions on public procurement in a manner other than specified in paragraph 1. 1 and 1b, if it was an impact on the outcome of the procedure for the award of a public contract, unless there is the award of a public contract.

2. Violation of the discipline of public finances is the conclusion of the agreement on public procurement: 1) without written form;

2) for longer than specified in the provisions on public procurement or for an indefinite period, except as authorized in the legislation on public procurement;

3) (repealed);

4) before the announcement of the decision by the National Board of appeal, in breach of the provisions on public procurement.

3. Violation of the discipline of public finances is the cancellation of the procedure for the award of a public contract in violation of the rules on public procurement, defining the conditions for the cancellation of the procedure.

4. Violation of public finance discipline is failure to by a member of the Evaluation Committee or other person carrying out actions in the procedure for the award of a public contract after ordering page statement about the lack of or the existence of circumstances that cause exclusion from such proceedings.

5. Violation of the discipline of public finances is annoying if you with the procedure for the award of a public contract person subject to the exemption from such a procedure on the basis of the rules on public procurement.

6. Violation of the discipline of public finances is a revision of the agreement on public contracts in breach of the provisions on public procurement.

7. (repealed).

Article. 17A. [the contract concessions in violation of public finance discipline] 1. Breach of discipline in public finances is the contract concessions: 1) with the concessionaire that has not been chosen in accordance with the provisions of the concession for construction works or services;

2) in breach of the provisions of public works concession or a service relating to the obligation to provide or post ads in the concession contract;

3) which the subject or conditions have been set out in a way that violates the rules of fair competition;

4) with other than listed in paragraphs 1 to 3, the breach of the provisions of public works concession or a service, if that infringement had an effect on the outcome of the procedure at the conclusion of the agreement.

2. Violation of the discipline of public finances is the contract concessions: 1) without written form;

2) without the period within which it may be concluded, except in cases permitted by the provisions of public works concession or a service;

3) for longer than specified in the rules about licences for works or services, except as permitted in the rules about licences for works or services;

4) before the announcement of the decision by the provincial administrative court on the complaint on advantageous tender except when authorized in the legislation of public works concession or a service.

3. Violation of the discipline of public finances is a reference of the conclusion of a contract in breach of the laws of the concession of public works concession or a service.

4. Violation of public finance discipline is to change the contract concessions in breach of the provisions of public works concession or a service.

5. (repealed).

Article. 18. [failure to perform or settle inventory] violation of public finance discipline is: 1) failure to perform or settle the inventory or to carry out or settlement of the inventory in a manner inconsistent with the provisions of the Act of 29 September 1994 on accounting (OJ of 2009 # 152, item 1223, as amended);

2) niesporządzenie or failure within the report on the implementation of the processes of collecting public funds and their distribution or demonstration in this report data incompatible with data derived from accounting records.

Article. 18A. [failure to conduct internal audit] violation of discipline in public finances is a failure to carry out internal audit in the public finance sector unit to the obligated party, as a result of the internal auditor's niezatrudniania or enter into a contract with the service provider.

Article. 18B. [Failure or improper to control economic operations compliance with financial plan] violation of public finance discipline is failure or improper to make the initial inspection of the conformity of economic or financial operations of the financial plan or the completeness and accuracy of the documents relating to such an operation, if it was an influence on: 1) an expenditure that is causing the excess amounts of expenditure laid down in the financial plan of the public finance sector;

2) making a commitment of overflow in the financial sector of public finances.


Article. 18 c [non-performance or improper performance of obligations relating to the management control] 1. Violation of public finance discipline is for non-performance or improper performance by the head of the public finance sector obligations relating to the management control unit of the public finance sector, if it was an influence on: 1) the loss of revenue due to this unit, the State Treasury or local government unit;

2) to make the expenditure that is causing the excess amounts of expenditure laid down in the financial plan;

3) making a commitment without the authorization of a particular budgetary Act, by resolution of the budget or financial plan or out of bounds this authorization or in violation of the provisions on the obligations by the public finance sector;

4) failure within liabilities, including the obligation to refund the duty, tax, overpaid or wrongly paid social security contributions or health;

5) the award of a public contract the contractor, who was not selected in the mode specified in the provisions on public procurement;

6) the conclusion of the agreement on public contracts in breach of the provisions on public procurement on the written form of the contract, the period for which the contract may be concluded, or, in the case of an appeal – the term of its conclusion;

7) annoying if you from the proceedings for the award of a public contract person subject to the exemption from such a procedure on the basis of the provisions on public procurement;

8) annulment proceedings for the award of a public contract in violation of the provisions on public contracts that specify the conditions for the cancellation of this proceeding;

9) the conclusion of the agreement public works concession or a service with the concessionaire that has not been chosen in accordance with the provisions of the concession for construction works or services;

10) contract concessions of works or services in violation of the rules for construction works or services concessions regarding the written form of the contract, the period for which the contract may be concluded, or, in the case of a complaint on the advantageous tender-the deadline for its conclusion;

11) appeal procedure contract concessions of works or services in violation of the rules for construction works or services concessions;

12) making, financial management or in the procedure for the award of a public contract or preparation of such proceedings or in proceedings for the conclusion of the agreement public works concession or a service activity that violates public finance discipline by an unauthorised person to do this;

13) Act or omission resulting in the payment of public punishment, fine or fee sanction, to which the provisions of the enforcement proceedings in administration.

2. The provisions of paragraph 1. 1 paragraph 1 shall not apply to payments referred to in article 1. 5. 3. Chapter 2 principle of liability for violation of the public finance discipline Article. 19. [responsibility for violation of public finance discipline] 1. Responsibility for the violation of public finance discipline shall be borne by the person who has committed an act that violates public finance discipline specified by the law in effect at the time when it was committed.

2. liability for breach of public finance discipline shall be borne by the person to whom you can assign blame at the time of the infringement. You cannot assign blame, if the infringement could not have been avoided despite making care required from the person responsible for the execution of the obligation, the non-performance or improper performance is an act that violates public finance discipline.

3. liability for breach of public finance discipline shall be borne by the person who issued the command implementation Act in breach of discipline in public finances.

4. The provisions of paragraph 1. 3 do not apply to the acts referred to in article 1. 18 c. 20. [notice of opposition to the resolution] 1. The person referred to in art. 4 paragraph 1. 1 paragraph 1, participating in the making of the resolution containing the command or authority to commit an act violating the discipline of the public finances, in the case of failure of the opposition to this resolution responds to the principles referred to in article 1. 19 paragraph. 3.2. For the notice of opposition referred to in paragraph 1. 1, shall be deemed to be notice of opposition to the resolution in writing or orally to the Protocol, as well as voting against the resolution in the case of a vote by roll-call.

Article. 21. [Time breach of public finance discipline] violation of public finance discipline shall be deemed to be committed at the time in which the perpetrator has acted or failed to act, to which he was required. For the time in which the perpetrator has failed to act, shall be deemed to be the day following the expiry, in which a certain action should take place.

Article. 22. (repealed).

Article. 23. [disclaimer] 1. Unawareness that the Act or omission constitutes a breach of public finance discipline, does not exclude liability, unless the ignorance was justified.

2. Do not make infringement of public finance discipline a person who due to a mental illness or other mental activities interference could not at the time an act to recognize its importance or guide your investigation.

3. The provisions of paragraph 1. 2 shall not apply if the distortion of mental activity is due to wprawieniem in a State of inebriation or intoxication as a result of their own actions.

Article. 24. [bridge the penalty] 1. If at the time of the ruling on breach of public finance discipline there is a law other than at the time of this violation, the new law shall apply, except that you must use the law in effect at the time of the infringement, if it is względniejsza for the offender.

2. If, according to the new law specified act or omission covered by the judgment is no longer a violation of public finance discipline, punishment is seized under the law.

Article. 25. [Overlapping proceedings] 1. Responsibility for the violation of public finance discipline is independent from the liability specified in other provisions of the law, subject to paragraph 2. 2 and 3.

2. In the case of proceedings for an offence, the offence or misdemeanor tax offense, Treasury, the Act which is at the same time, a violation of discipline of the public finances, public finance discipline proceedings be suspended until completion of the criminal proceedings, the proceedings in the case of an offence or proceedings in the case of tax crime or tax offence.

3. in the event of a final conviction for a crime, the crime a misdemeanor tax offense or fiscal, which is at the same time, a violation of public finance discipline, initiated proceedings public finance discipline shall be remitted.

Article. 26. [no violation of public finance discipline] 1. Does not constitute an infringement of public finance discipline Act or omission referred to in article 1. 5-16, the object of which are the financial resources of not more than once, and in the case of more than one act or omission, including during the financial year, the minimum amount.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the case of an act or omission referred to in article 1. 18 paragraph 2 and article. 18B and 18 c.

3. Minimum amount within the meaning of paragraph 1. 1 is the amount of the average monthly wage in the national economy in the previous year, as announced by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish" in accordance with article 5. 5. 7 of the Act of 4 March 1994, the share of Welfare Fund (OJ of 2012.592, 908 and 1456), hereinafter referred to as the "average salary".

Article. 27. [Event] 1. There is no liability for a breach of public finance discipline in the case of an act or omission undertaken solely in order to limit the effects of random events.

2. random Event, referred to in paragraph 1. 1, the event is caused by external factors, which cannot be predicted with certainty, and in particular life-threatening directly or human health or threatening injury disproportionately more than due to an act or omission affecting public finances discipline.

Article. 28. [a small degree of harmfulness of infringement of public finance discipline] 1. There is no liability for a breach of discipline in public finances, which the degree of the harm for the public finances is negligible.

1a. In the assessment of the degree of harm to the public finances a breach of public finance discipline shall take into account the importance of the infringed the obligations, the manner and the circumstances of the breach, as well as the effects of the infringement.

2. In assessing the degree of harm to the public finances a breach of public finance discipline calling financial consequences shall be taken into account in particular the amounts of the financial effect, including: 1) the height of the depleted funds;

2) the amount of public funds niewpłaconych or returned to the correct account of the State budget, local government unit or any other unit of the public finance sector;


3) the amount of public funds spent without authorization or exceeding or misuse;

4) the amount of the commitments entered into without authorization or exceeding;

5) the amount of the interest paid, penalties or charges or interest paid.

3. When assessing the degree of harm to the public finances a breach of public finance discipline while the financial impact of the particular account shall be taken of the importance of the infringed the obligations and the manner and circumstances of their violations, including in the event of a breach of public finance discipline referred to in article 1. 17 and 17a-breach of the principle of fair competition or the principle of equal treatment.

Article. 29. [Disclaimer command] 1. The person who violated the discipline of the public finances as a result of the command of the superior or the head of the unit, or administrator of public funds, the supervisory authority or body, shall not be responsible or liable, if before the command is reported in writing to the reservation and, despite reservations, has received a written confirmation of the command execution or command has not been revoked or amended. In this case, the responsibility of the person who signed under the written command, command execution, and in the absence of such a document, the person who issued the command.

2. A person who has violated the discipline of the public finances as a result of the implementation of the resolution of the authority referred to in article 2. 4 paragraph 1. 1 paragraph 1 shall not be responsible or liable, if before the resolution reported in writing to the reservation, and despite this reservation has received a written confirmation of the implementation of the resolution or resolution has not been repealed or amended; in this case, the responsibility of each Member of the body that signed up under a written confirmation of the implementation of the resolution, and in the absence of such a document, each of the members of the authority, which reported opposition to the resolution, which has not been repealed or amended.

Article. 30. [damages] Punishment of the person responsible for the violation of public finance discipline does not limit the rights of the State Treasury, local government unit or any other unit of the public finance sector to seek compensation for the damage suffered.



Chapter 3 penalties for violating public finance discipline and the dimension of the Art. 31. [penalties] 1. Penalties for violation of the public finance discipline are: 1) a warning;

2) reprimand;

3) penalty;

4) a prohibition on the performance of functions related to other disposal of public funds.

2. the penalty imposed in the amount of 0.25 to three times the monthly salary of the person responsible for the violation of public finance discipline – calculated as remuneration for the duration of annual leave is payable in the year in which there has been a violation.

3. If it is not possible to determine the amount of remuneration referred to in paragraph 1. 2, the penalty imposed in the amount of 0.25 to five times the average wage.

4. The penalty of the Prohibition Act as related to other disposal of public funds measures for a period of from one to five years.

Article. 32. [Punishment] 1. Punishing punishable by reprimand or monetary penalty calls, specified in separate regulations, the effects resulting from the negative or a negative assessment of the interview.

2. Punishment punishment prohibition of performing functions related to other disposal of public funds exclude for the time specified in the decision on punishment, the ability to: 1) function: a) Director, Deputy Director or Director-General, (b)) a member of the Board of Directors, c) Treasurer, the accounting officer or Deputy accounting officer, d) Manager or Assistant Manager of the cell directly responsible for the implementation of the budget or financial plan-public finance sector entities;

2) represent the interests of the property of the State Treasury, local government unit or any other unit of the public finance sector;

3) membership in the bodies which, supervisory and regulations of the State and local legal entities.

3. Punishment punishment prohibition of performing functions related to other disposal of public funds does not affect the right of eligibility (passive suffrage) the Mayor, the Mayor and the Mayor of the city.

Article. 33. [punishment] 1. The adjudicating in cases of infringement of public finance discipline penalising in its sole discretion, within the limits set out in the Act, having regard to the degree of harm to the public finances a breach of public finance discipline, degree of guilt, as well as the objectives of the punishment in terms of social impact and preventive objectives and disciplining, which is achieved in relation to the ukaranego.

1a. By the penalty for violation of public finance discipline giving rise to financial implications, the adjudicating entity shall take into account also the height of the financial effect relationship to: 1) the amount of the expenses or the costs referred to in the financial plan, the public finance sector or 2) the amount of public funds provided to use or dispose of during the financial year the company niezaliczanemu to the public finance sector.

2. Administering punishment, the adjudicating entity shall take into account the motives and mode of action, the circumstances of the Act or omission, as well as properties, personal conditions of the person responsible for the violation of public finance discipline, her professional experience, how to perform official duties and behavior after a breach of discipline in public finances.

3. The circumstances that affect the sentence takes into account only what to the person concerned.

Article. 34. [prohibition of performing functions related to other disposal of public funds] 1. The penalty referred to in article 1. 31 para. 1 paragraph 4 imposes a gross breach of discipline in public finances.

2. The penalty referred to in article 1. 31 para. 1 paragraph 4 can be applicable also in the case of punishment for violating public finance discipline.

Article. 34A. [conditions for the assessment of penalty or punishment rebuke] penalty or punishment of a reprimand can be applicable in particular in the event of a breach of discipline in public finances, which the degree of the harm for the public finances is significant, except that if the breach: 1) was not paid or refunded amount of the State Treasury, local government unit or any other unit of the public finance sector at a considerable height, 2) without authorization, or in excess of the scope of authority of the commitment or expenditure in a considerable amount of 3) was paid from public funds, interest, penalties or charges or interest at a substantial height, 4) has been granted a public contract with significant breach of fair competition rules or of the principle of equal treatment for economic operators-it administers to a pecuniary penalty.

Article. 35. [Reminder] Penalty strike can impose in particular in the case when the degree of harmfulness of breach of discipline in public finances is not significant.

Article. 36. [attenuating] 1. In cases worthy of special consideration you can, given the nature and circumstances of the infringement of public finance discipline or property and personal conditions of the infringer public finance discipline, impose a penalty milder type, and even withdraw from the assessment.

2. As extenuating circumstances may be taken into account, in particular: 1) Act or omission of the specific motives or in specific conditions, worthy of inclusion in this in order to prevent injury to the property of the public;

2) differentiate before committing a breach of public finance discipline an exemplary fulfilment of their duties;

3) to contribute to the removal of harmful consequences of infringement of the public finance discipline or take on this effort.

3. Withdraw from the assessment of the penalty does not apply to: 1) to the infringer public finance discipline committed at a time when there has been seized legally ordered punishment for other violation of discipline of public finances;

2) in the case when the degree of harmfulness of breach of discipline in public finances is glaring.

4. where a breach of discipline in public finances has been the loss of public funds in a significant amount, you can withdraw from the assessment of a penalty, if before the ruling means to compensate for this loss has been fully paid or returned to the Treasury, local government unit or other competent units of the public finance sector.

Article. 37. [committed several acts in breach of public finance discipline] offender who has committed several acts in breach of public finance discipline and the matter about these actions is covered by one investigation, administers one punishment for all acts.



Chapter 4 of the Statute and the obliteration of Justice Art. 38. [Limitation] 1. The punishment of violations of public finance discipline ceases if since it was committed since 3 years. However, if during this period of infringement proceedings have been initiated public finance discipline, punishment shall terminate on the expiration of 2 years from the end of the period.


2. in the event of annulment of a final order or judgment of the Commission with jurisdiction in infringement public finance discipline, punishment shall cease after the expiration of 2 years from the date of the annulment of the final order or judgment.

3. in the event of annulment of a final order or judgment of the Commission with jurisdiction in infringement public finance discipline, punishment shall cease after the expiration of 2 years from the date of the repeal of the final order or judgment.

4. In the event of a resumption of the proceedings for breach of public finance discipline culminating in a final order or judgment, the punishment shall cease after the expiration of 2 years from the date of the order to resume the proceedings.

Article. 39. [limitation of enforcement of the sentence] 1. You cannot perform the penalty for violation of public finance discipline, if from the date when the judgment it's been 2 years.

2. Limitation of enforcement of a sentence does not run during the period of standby with the authority, appeal to the Court of a final judgment in accordance with article 5. 169, and, in the case of a penalty payment in the period of deferment of the sentence or its repayment in installments.

Article. 40. [bridge the punishing] 1. Blurring the punishment for violation of the public finance discipline followed by operation of law, if from the date of enforcement of a sentence or a limitation of the past 2 years.

2. in the event of withdrawal from the assessment of penalties the obliteration of punishing by law after a period of one year from the date of the judgment has become final.

3. upon seizure punishment shall be deemed to have waived.

Article. 41. [bridge the punishment before the expiry of the time] at the request of the ukaranego, or his superior, positively reviewed by the Ombudsman, the public finance discipline, the proper minister of public financies may decide to seize punish for breach of discipline in public finances before the expiry of the deadline referred to in article 2. 40(2). 1 and 2.



SECTION III the competent authorities in cases of infringement of public finance discipline Chapter 1 adjudicating in cases of infringement of public finance discipline Article. 42. [Committees adjudicate] 1. Deciding authorities in cases of infringement of public finance discipline of first instance are committees adjudicate in cases of violation of discipline of public finance, hereinafter referred to as "the committees ruling".

2. the adjudicating Authority in cases of violation of discipline in public finances of second instance is the Commission Adjudicated in cases of violation of Discipline of public finance, hereinafter referred to as "the main Commission Acting".

3. the term of Office of the Commission and the Judicial Commission, the judiciary takes 4 years.

4. the term of Office of the Commission and the Judicial Commission's jurisdiction starts on the day of the appointment of the President of the Commission. The appointment of the President after the beginning of the term of Office of the Commission shall not have the effect of prolongation of the term of Office.

Article. 43. [the Commission] 1. In the Judicial Committee Chairman, one or two of his deputies and from 5 to 21 members of the Commission.

2. the Main Committee with jurisdiction shall enter into the President, one or two of his deputies and 15 to 21 members of the Commission.

Article. 44. [the President] 1. The Chairman directs the work of the Commission and the Judicial Commission, in particular, shall ensure the proper conduct of the proceedings and, to this end, it seems the provisions and orders and take other actions specified in the Act.

2. Deputy Chairman of transmitted by the Chairman, shall take all the steps set out in the Act for the President.

3. the President, their deputies and the members of the Commission and the Judicial Commission, the judiciary are required to participate in training the issue of public finances and the law.

Article. 44a. [to ensure the uniform application of the provisions on liability for violation of the public finance discipline] Chairman of the Main Committee with jurisdiction shall take measures to ensure the uniform application of the provisions on liability for violation of the public finance discipline by the authorities in cases of such violations, taking into account the case-law of the courts, in particular by the dissemination of the judgments of the Judicial Commission and the Commission in particular.

Article. 45. [members of the adjudicating Commission] 1. The members of the Commission and the Judicial Commission, the judiciary shall be independent in terms of jurisdiction in matters of infringement of public finance discipline and subject only to the law.

2. the members of the Commission and the Judicial Commission, the judiciary rule within the limits laid down by law and under the belief based on the evaluation evidence, settle yourself which would give rise to legal issues and are not bound by the conclusions of other bodies, with the exception of the final judgment of the Court.



Chapter 2 Committees decisions and their property Art. 46. [types of the adjudicating Commission] committees of the ruling are: 1) the Joint Commission withheld;

2) inter-departmental committees adjudicate by: a) the competent Minister of public financies, b) Minister for public administration, c) Minister for Justice;

3) the Commission adjudicated by the Boss the Chancellery;

4) regional assessment committees on regional financial houses.

Article. 47. [Joint Commission withheld] 1. The Joint Commission adjudicated rules in cases of violation of discipline in public finances for implementation of the State budget in the areas of: 1) Office of the Sejm;

2) Office of the Senate;

3) the Chancellery of the President of the Republic of Poland;

4) Supreme Court;

5) the Supreme Administrative Court;

6) the Constitutional Court;

7) Supreme Chamber of control;

8) the Ombudsman;

9) the Ombudsman on the rights of the child;

10) the National Council of radio broadcasting and television;

11) Inspector General for personal data protection;

12) Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation;

13) National Office election;

14), the national labour inspection;

15) National Council of the judiciary.

2. The Joint Commission adjudicated rules also in cases of infringement of public finance discipline in respect of entities receiving public funds transferred from the part of the budget of the State referred to in paragraph 1. 1. Article. 48. [Inter-agency Commission adjudicated by the competent Minister of public financies] Inter-ministerial Commission adjudicated by the competent Minister of public financies decides in cases of violation of discipline of public finances in relation to: 1) the implementation of the State budget in the parts for the following Government departments: a) budget, b), (c) public finance) financial institutions, (d)) of the Polish membership in the European Union, e) culture and protection of national heritage , f) physical culture, g) science, h) education and upbringing, and Agriculture), j) rural development, k) agricultural markets, l) fisheries, m) higher education, n) tourism,) Foreign Affairs, p) health – excluding funds provided to individuals referred to in article 1. 51 points 1 and 4;

2) the implementation of the State budget in parts other than the established for government departments, which have a head of the Ministers of the departments listed in point 1, with the exception of the funds provided to individuals referred to in article 1. 51 points 1 and 4;

3) organs and units subordinated to Ministers directing departments listed in paragraph 1 or supervised by the Ministers and the units subordinated to or supervised;

4) other bodies receiving public funds transferred from part of the State budget, referred to in paragraphs 1 and 2, or from other public funds available to the head of the Ministers of the departments listed in paragraph 1 or the authorities and bodies referred to in paragraph 3.

Article. 49. [Inter-agency Commission adjudicated by the Minister for the competent public administration] Inter-ministerial Commission adjudicated by the Minister for the competent public administration rules in cases of violation of discipline of public finances in relation to: 1) the implementation of the State budget in the parts for the following Government departments: (a)) public administration, b) construction, local planning and spatial planning and housing, c) economy, d) maritime , e) water management, f) Informatics, g) connectivity, h) defence, and), j) regional development, k) the State Treasury, l) transport, m), n) family, o) Internal Affairs, p) religious and ethnic minorities, q) social security – excluding funds provided to individuals referred to in article 1. 51 points 1 and 4;

2) the implementation of the State budget in parts other than the established for government departments, which have a head of the Ministers of the departments listed in point 1, with the exception of the funds provided to individuals referred to in article 1. 51 points 1 and 4;

3) people who act as Marshal, a member of the Board of Directors of and Chief Accountant of the budget of the (Treasurer of the province);

4) people who act as Governor, Vice-Governor, Director-General of the regional office and the accounting officer part of the budget, which have is Governor;


5) bodies and units subordinated to Ministers directing departments listed in paragraph 1 or supervised by the Ministers and the units subordinated to or supervised;

6) other entities receiving public funds transferred from part of the State budget, referred to in paragraphs 1 and 2, or from other public funds available to the head of the Ministers of the departments listed in paragraph 1 or the authorities and bodies referred to in paragraph 5.

Article. 49A. [Inter-agency Commission adjudicated by the Minister for Justice] Inter-agency Commission adjudicated by the Minister for Justice in the cases of violation of discipline of public finances in relation to: 1) the implementation of the budget of the State: a) in the part of the set for the Government Department of Justice, (b)) in the parts other than fixed for Government Justice, the Minister of Justice, c) in the part of the Attorney General – excluding funds provided to individuals listed in article 2. 51 points 1 and 4;

2) organs and units subordinated to the Minister of Justice or the Prosecutor General or supervised by the Minister of Justice or the Attorney General, as well as the units subordinated to the authorities or individuals or supervised by these authorities or bodies;

3) other entities receiving public funds transferred from part of the State budget, referred to in paragraph 1, or of other public funds available to the Minister of Justice, the Attorney General or the authorities and bodies mentioned in paragraph 2.

Article. 49B. [Establishing interdepartmental judicial Commission properties] If it is not possible to determine the properties of the Interdepartmental Commission with jurisdiction in accordance with article 5. 48-49a, the correct one is the inter-agency Commission withheld the Minister competent for the public finances.

Article. 50. [the Commission adjudicated by the Boss the Chancellery] the Commission adjudicated by the Boss the Chancellery decides in cases of violation of discipline of public finances in relation to: 1) the implementation of the budget the Chancellery;

2) local government colleges;

3) organs and units supervised by the President of the Council of Ministers and the units subordinated to or supervised, with the exception of those referred to in article 1. 49, paragraph 4, and the entities referred to in article 1. 51, paragraph 3;

4) people who act as the Minister, the Secretary of State and Secretary of State, as well as the Director-General of the Office and the Chief Accountant of the budget, with the exception of the Director-General of the Office of the provincial and the Chief Accountant of the budget, which have is Governor;

5) other entities receiving public funds transferred from part of the State or other public funds available to the head of the Chancellery or authorities and bodies listed in point 3.

Article. 51. [Regional Commission withheld] Regional Commission adjudicated decrees in accordance with the territorial reach of the action the Regional Chamber of audit in which it was created, in cases of violation of discipline of public finances in relation to: 1) local government units, their unions and associations, with the exception of those referred to in article 1. 49, paragraph 3;

2) the implementation of the budget the Governor, with the exception of those referred to in article 1. 49, paragraph 4;

3) units subordinate to and supervised by the voivode;

4 General organisational units), including local government;

5) other entities receiving public funds provided from the budgets of the local government units or other public funds available to these units;

6) other units in terms of funds received from the budget of the Governor or other means at the disposal of the Governor.

Article. 51A. [judicial Commission Property] 1. The Commission shall be determined according to the residence permit for a property at the date of the infringement of discipline in public finances.

2. In the event of a breach of public finance discipline committed by more than one person, if one of the accused is: 1) a person mentioned in article. 49 paragraph 3 and 4 – is appropriate inter-ministerial Commission adjudicated to the Minister responsible for public administration shall, subject to paragraph 2;

2) a person mentioned in the article. 50 4-it is appropriate the Commission adjudicated by the Boss the Chancellery.

3. Turn off to a separate case one of the persons referred to in paragraph 1. 2, after the application of the punishment for violation of the public finance discipline does not change the characteristics determined in accordance with paragraph 1. 2. Chapter 3 rules for the appointment of the Commission and the Judicial Commission, the judiciary Article. 52. [notification of candidates] Chairman, his Deputy and members of the Joint Commission with jurisdiction shall appoint and dismiss the President of the Republic of Poland. They shall be appointed from among candidates submitted by: 1) the head of the Office of the President;

2) speaker of the Sejm;

3) speaker of the Senate;

4) the President of the Supreme Chamber of control;

5) Ombudsman;

6) the Ombudsman on the rights of the child;

7) the President of the National Council of radio broadcasting and television;

8) Inspector General for personal data protection;

9) the President of the Institute of National Remembrance-Commission for the prosecution of crimes against the Polish Nation;

10) head of the National Electoral Office;

11) Chief Inspector;

12) first President of the Supreme Court;

13) the President of the Supreme Administrative Court;

14) of the President of the Constitutional Court;

15) President of the National Council of the judiciary.

Article. 53. [Appointment of Committee Chairmen] 1. Presidents of the Commission, referred to in article 1. 46 point 2 – 4, and their respective alternates shall be appointed and references, at the request of the proper Minister of public financies, President of the Council of Ministers. They shall be appointed from among candidates declared, with regard to: 1) Interagency Commission panels – by the Minister, by running the Commission;

2 judicial Commission) by the Boss the Chancellery – by the head of the Chancellery;

3 regional judicial Commission) by the regional audit Chamber of Commerce-by the President of the Chamber of Commerce.

2. The members of the Committee referred to in article 1. 46 point 2-4, appoints and dismisses, at the request of the President of the Commission with jurisdiction, the President of the Council of Ministers.

3. the President of the inter-ministerial Commission with jurisdiction to the Ministers in charge of government departments covered by the jurisdiction of the Commission and, in the case of Interdepartmental Commission with jurisdiction to the Minister of Justice is also the Attorney-General, to present candidates for the members of the Commission. Candidates shall be presented within 14 days from the date of occurrence.

Article. 54. [the designation of the Chairman of the main Committee with jurisdiction] 1. The Chairman of the Main Committee with jurisdiction and his deputy shall be appointed and references, at the request of the proper Minister of public financies, President of the Council of Ministers.

2. Members of the main Commission with jurisdiction shall appoint and dismiss, at the request of the Chairman, the Commission reviewed by the proper Minister of public financies, President of the Council of Ministers.

Article. 55. [the members of the Commission] 1. In the Judicial Committee and the main Committee with jurisdiction shall appoint a person who has agreed to join the Commission and: 1) has Polish citizenship and enjoys the full rights;

2) has a full legal capacity;

3) was not legally convicted of a crime or offence committed intentionally revenue;

4) was not legally punished for violation of the discipline of public finances;

5) has higher legal education, economic or administrative;

6) has an adequate knowledge of the problems of public finance and law and the necessary professional experience.

2. (repealed).

3. the Commission's membership cannot be combined with jurisdiction and the Jurisdiction of the Commission, be a member of more than one judicial Commission, as well as a combined membership in these committees with the function of the Ombudsman, the public finance discipline, the main spokesman of public finance discipline or their alternates.

4. A member of the Joint Commission with jurisdiction may not be the head and Deputy Head of the cell directly responsible for the implementation of the budget of the Member State in terms of the parts referred to in article 1. 47 paragraph 1. 1.5. Members of the inter-ministerial Commission with jurisdiction may not be the head and Deputy Head of the cell directly responsible for the execution of the State budget in part covered by the jurisdiction of the Commission or of the financial plan fiscal unit-Office of the Minister of the "shipper", which is enabled and, in the case of Interdepartmental Commission with jurisdiction to the Minister of Justice is also the Attorney General.

6. A member of the Commission with jurisdiction at the Boss the Chancellery may not be the head and Deputy Head of the cell directly responsible for the execution of the State budget in part Kprm.

7. A member of a regional Commission with jurisdiction may not be the head and Deputy Head of the cell directly responsible for the execution of the State budget in terms of parts, which you have is Governor, or financial plan, budget unit-regional office.


Article. 56. [termination of membership] 1. Before the expiry of the term of Office of the Commission's membership, jurisdiction or the main Judicial Commission expires if: 1) opt-out of membership;

2) death;

3) loss of nationality Polish;

4) loss of public rights;

5) loss of full legal capacity;

6) a final conviction for a crime or offence committed intentionally revenue;

7) of the final punishment for violation of the discipline of public finances;

8) appointment to the position referred to in article 1. 55 paragraph 1. 4-7;

9) abolition or call authorities, which cited the assessment committees.

2. The Member of the Commission with jurisdiction or the main Committee with jurisdiction can be revoked in the event of: 1) unjustified failure by the duties or grossly negligent of their implementation;

2) preserve the dignity of the defaulting Member of the Commission;

3) permanent inability to perform duties as a member of the Commission.

3. the provisions of paragraphs 1 and 2. 1 and 2 and article. 55 shall apply mutatis mutandis to the Chairmen and Deputy Chairmen of the Commission.

4. Termination of membership in the judicial Commission concluded the President of the Commission, and the termination of membership of the Commission President or Deputy President says Main Commission Jurisdiction.

5. Termination of membership in the main Judicial Commission states the President of the Commission with jurisdiction, and the termination of membership the President of the Commission with jurisdiction or its alternate States, the President of the Council of Ministers.

6. Composition of the Commission with jurisdiction or the main Committee with jurisdiction can be completed during the term of Office.



Chapter 4 the competent authorities to fulfil the function of Prosecutor's Office Article. 57. [fill in function of the accuser] 1. The competent authorities to carry out investigation in cases of violation of discipline of public finances and filling function of the accuser in the first instance are advocates of public finance discipline, hereinafter referred to as "Ombudsmen discipline", and their alternates.

2. the Deputy Ombudsman, the discipline in matters submitted by the Ombudsman, the discipline performs tasks and take all the steps referred to in the Statute for the Ombudsman.

3. as regards the Ombudsman function exercised discipline is superior to their alternates.

Article. 58. [the main spokesman for the public finance discipline] 1. The authority competent to fulfil the functions of the accuser in the second instance is the main spokesman for the Discipline of public finance, hereinafter referred to as "the main Proponent", and his Deputy.

2. the Deputy Ombudsman in matters delegated by the Ombudsman shall perform the duties and take all the steps set out in the Act for the main Spokesman.

3. The main Spokesman is in the celebrated features superior of their deputies and advocates discipline and their alternates.

4. Advocates discipline and their deputies are required to participate in training the issue of public finances and the law.

Article. 59. [Functions of ombudsmen] 1. In terms of the main feature, a spokesman for the Spokesman review of discipline and their deputies work for public finances and represent in the proceedings the interests of the State Treasury, local government units and other units of the public finance sector.

2. the principal Spokesperson, a spokesman for the discipline and their alternates are exercised functions independent of the other bodies and are not bound by the conclusions of other bodies, with the exception of the final judgment of the Court.

Article. 59A. [information on the need to carry out a check of the correctness of the management of the State or public funds] 1. The chief spokesman for, a spokesman for the discipline and their alternates may delegate authority of założycielskiemu, who has authority for the supervision of public finance sector unit or entity, to which this unit is subject to, or to another entity entitled to carry out the control, with the exception of the Supreme Chamber of control, about the need to carry out a check of the correctness of the management of the State or of public funds in the field of non-subject of a complex of the notification referred to in article 1. 93 para. 1. In the information indicates the scope and purpose of the investigation.

2. The person who has the information referred to in paragraph 1. 1, shall immediately inform the appropriate Main Ombudsman, the Ombudsman, the discipline or the Deputy Ombudsman's Main respectively or advocate of the discipline, which has this information about: 1) the possibility of inspection and the expected time for completion, and then about the results of the checks or deposit of the notification referred to in article 1. 93 para. 1, or 2) the lack of capacity or legitimacy to carry out the audit.



Chapter 5 principle of the appointment of the Ombudsman's Main Art discipline and attorneys. 60. [setting up the main Advocate] 1. The main of the Ombudsman shall appoint and dismiss the President of the Council of Ministers at the request of the proper Minister of public financies.

2. Alternate Root of the Ombudsman shall appoint and dismiss the President of the Council of Ministers on a proposal from the Principal of the Ombudsman.

Article. 61. [appointment of Ombudsman discipline] Ombudsman proper discipline in matters heard by a joint Commission acting and his deputies shall appoint and dismiss the President of the Republic of Poland.

Article. 62. [to ask for the presentation of candidates] 1. Appropriate discipline attorneys in cases dealt with by the committees referred to in article 1. 46 point 2 – 4, and their alternates, shall appoint and dismiss the principal spokesman.

2. To submit candidates for the discipline attorneys or their deputies the main Spokesman occurs according to the head of the Chancellery, the Ministers in charge of government departments covered by the property of the inter-agency Commission in particular, and in the case of Interdepartmental Commission with jurisdiction to the Minister for Justice is also the Attorney-General, and to the regional governing boards of Auditors. Candidates shall be presented within 30 days from the date of occurrence of the main Spokesperson.

3. (repealed).

4. the principal spokesman for may, on application or of its own motion, appoint to the proceedings or of carrying out the obligations of the accuser in the case other than this is due to its properties, the Ombudsman, the discipline or his Deputy.

Article. 62A. [Property Ombudsman disciplinary and his deputies] the Ombudsman and his Deputy are competent in the matters dealt with by the Commission acting, at which they were appointed. Property disputes are resolved by the chief spokesman.

Article. 63. [Requirements] 1. The Chief Ombudsman, advocate discipline and their deputies can act as a person who has agreed to perform this function and: 1) has Polish citizenship and enjoys the full rights;

2) has a full legal capacity;

3) was not legally convicted of a crime or offence committed intentionally revenue;

4) was not legally punished for violation of the discipline of public finances;

5) has higher legal education, economic or administrative;

6) has an adequate knowledge of the problems of public finance and law and the necessary professional experience.

2. The main Advocate, advocates discipline and their alternates shall apply mutatis mutandis the provisions of article 4. 55 paragraph 1. 4-7. the Ombudsman's Functions, the main Spokesman and their alternates shall be incompatible with membership in the Commission's jurisdiction, or the main Committee with jurisdiction.

Article. 64. [Notification] appointing or revoking the Ombudsman discipline or his deputy shall be, respectively, the head of the Chancellery, the competent Minister, by running the inter-agency Commission adjudicated, the President of the Regional Chamber of audit and Chairman of the Committee with jurisdiction, and, in the case of the Ombudsman, the discipline or Deputy appointed by the judicial Commission of the Minister also interdepartmental marshaling Government Department or the Attorney General, who presented his candidacy.



Chapter 6 the powers of members of the judiciary and ombudsmen, and the operation and support of the Commission and the spokespersons for the Article. 65. [remuneration] 1. The Chairman of the Panel members, alternates, and the main Committee with jurisdiction, to discipline, Principal Ombudsman and alternates, subject to paragraph 2. 6, shall be entitled to a lump-sum monthly salary is paid from the State budget.

2. the amount of the flat-rate monthly salary referred to in paragraph 1. 1, Member of the Commission with jurisdiction and Judicial Commission is 0.08 and 0.1 of average earnings.

3. the amount of the flat-rate monthly salary referred to in paragraph 1. 1, the President of the Commission with jurisdiction and the President of the Commission with jurisdiction is 0.6 and 0.8 average earnings.

4. the amount of the flat-rate monthly salary referred to in paragraph 1. 1, Deputy President of the Commission and the judicial Commission with jurisdiction shall be 0.4 and 0.6 average earnings.

5. the amount of the flat-rate monthly salary referred to in paragraph 1. 1, the Ombudsman and his deputy shall be 0.8 0.6 and average earnings, and the Ombudsman and his Deputy respectively 0.8 0.6 and average earnings.


6. the remuneration referred to in paragraph 1. 1, is not entitled to set up out of people employed in organizational and administrative legal services providing cell-support referred to in article 1. 70. Article. 66. [remuneration of members of the composition of the Panel] 1. The members of the formation of the Court, oskarżycielowi and protokolantowi, if the recorder does not perform the obligations arising from employment, shall be entitled to compensation standard for participating in the hearing or meeting.

2. in the case of participation in the hearing or meeting of the Commission with jurisdiction of the flat-rate amount of remuneration referred to in paragraph 1. 1:1) the President of the formation of the Court is 0.12 average salary, and if he was appointed to draw up the justification of the judgment or order-0.18 average earnings;

2) member of the formation of the Court is 0.06 average salary, and if he was appointed to draw up the justification of the judgment or order-0.12 average earnings;

3) accuser is 0.06 average earnings;

4) recorder is 0.035 average earnings.

3. in the case of participation in the hearing or meeting of the Main Commission of the Jurisdiction of the flat-rate amount of remuneration referred to in paragraph 1. 1:1) the President of the formation of the Court is 0.16 average salary, and if he was appointed to draw up the justification of the judgment or order-0.24 average earnings;

2) member of the formation of the Court is 0.08 average salary, and if he was appointed to draw up the justification of the judgment or order-0.16 average earnings;

3) accuser is 0.08 average earnings;

4) recorder is 0.035 average earnings.

4. (repealed).

Article. 67. [notice] 1. To appoint a judicial Commission or Commission Jurisdiction, or to act as Ombudsman, the discipline, the main Spokesman and their respective alternates, shall be notified to the person and the employer.

2. On the termination of membership or the cancellation of the membership of the Commission with jurisdiction or the main Committee with jurisdiction before the expiry of the term of Office or the Ombudsman's function reference, the Ombudsman, or their alternates, shall be notified to the person revoked or whose membership has expired and the employer.

3. termination by the employer of the employment relationship with a person falling within the composition of the Commission with jurisdiction or the main Committee with jurisdiction, as well as during the period of 6 months after the expiry of their term of Office, termination of membership or the cancellation of the membership of the Commission, where he is an employee of the public finance sector entities – requires the prior consent of the President of the Commission with jurisdiction. In the case of a person who fully or served as Commission Chairman with jurisdiction, consent is required for the Prime Minister.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to: 1) the Ombudsman, discipline or his Deputy-of the fact that the Ombudsman's Main consent is required;

2) alternate Main Advocate is that consent is required the proper Minister of public financies;

3) Main Advocate is that consent is required for the Prime Minister.

Article. 68. [Behavior right to remuneration] 1. The employer of the person appointed judicial Commission or Commission Jurisdiction, or that serves as the Ombudsman, the Ombudsman's Main or alternate is obliged to release it for the time necessary to meet celebrated features, or participate in the training courses referred to in article 1. 44 paragraph 1. 3 and art. 58 paragraph 1. 4, the right to remuneration for the time. The basis for the exemption is a call or a letter of the President of the Commission with jurisdiction or the main Judicial Commission or Ombudsman, the discipline or the root of the Ombudsman.

2. (repealed).

Article. 69. [reimbursement of travel and accommodation] 1. Divulge the composition of the Commission and the Judicial Commission, the judiciary, attorneys, Chief Ombudsman and alternates shall be entitled to reimbursement of travel and accommodation, in accordance with the provisions of the amount and terms of fixing royalties the rights workers at the State or local government budgetary sphere unit for business trips in the area of the country.

2. (repealed).

Article. 70. [Support the Commission and ombudsmen] 1. Head of the Office of the President of the Republic of Poland, the head of the Chancellery, Ministers, at which they operate, multi-department committees adjudicate, and the Presidents of the regional boards of Auditors provide Office, legal services and the Administration and support the Commission with jurisdiction and the Ombudsman and his Deputy competent in matters of the Commission, and shall bear the expenses related to their operation, the payment of salaries and training, and reimbursement of travel costs for witnesses, financed from the State budget.

2. The proper Minister of public financies provides established, legal and organizational-technical Commission with jurisdiction, the Ombudsman and his deputies, as well as bear the expenses associated with their operation, the payment of salaries and training, and reimbursement of travel costs for witnesses, financed from the State budget.

3. (repealed).

Article. 71. [Delegation], the Council of Ministers shall determine by regulation: 1) rules of the Commission and the Judicial Commission panels, 2) the scope of the tasks of organizational and legal and Office support the Commission in particular, advocates discipline and the main Judicial Commission and the Ombudsman, 3) conditions of organizing and conducting the training of the members of the Commission in particular, the main Commission Jurisdiction and discipline attorneys, 4) the types of documentation qualified as archives and the dates in which case files for breach of public finance discipline shall be destroyed in whole or in part, or transfer of public archiwom- a view to ensuring the smooth and effective operation of the authorities competent in matters of infringement of public finance discipline.



SECTION IV the proceedings in cases of violation of public finance discipline Chapter 1 rules of procedure in cases of infringement of public finance discipline Article. 72. [Dwuinstancyjność procedure] 1. Infringement proceedings public finance discipline, hereinafter referred to as the "investigation" is two stages.

2. The proceedings includes the investigation conducted by the Ombudsman, the discipline, the procedure before the Commission acting and appeal proceedings before the main Commission Acting.

3. the Commission shall order the hearing or meeting composed of three people. Settlement of the formation of the Court shall be taken by vote and passed by a majority vote.

Article. 73. [page] 1. The parties to the proceedings before the Commission, the acting and the main Commission Acting are blamed for breach of discipline in public finances, hereinafter referred to as "the defendant", and the accuser.

2. The accuser before the assessment centre is a spokesman for the discipline, which makes a request for punishment, and the accuser before the main Commission Acting is the main spokesman.

3. The defendant is the person in respect of whom the Prosecutor requested that punishment for violation of the public finance discipline.

Article. 74. [rights of defence] 1. Obwinionemu shall have the right to defend throughout the procedure.

2. the Obwinionemu shall have the right to present evidence in his defence and the submission of evidence.

3. the Obwinionemu shall have the right to be assisted by one.

Article. 75. [Defender] 1. Defender of the accused person may be entitled to defence in accordance with the provisions of the law on the bar, the person entitled to the provision of legal assistance in accordance with the provisions of attorneys-at-law or another person with full legal capacity, authorized by the defendant.

2. the authorisation may be granted the defence Blamed in writing or orally to the Protocol.

3. A Defender may take any actions specified for an accused person and entitled to all the rights specified for an accused person, and his participation in the proceedings does not exclude the personal act of an accused person in it. A defender may only engage in activities for the benefit of the defendant.

4. A Defender may defend several of the accused, if their interests are not in conflict.

Article. 76. [presumption of innocence] 1. An accused person is considered innocent until his responsibility for the violation of discipline in public finances is not proven and confirmed by a final judgment on breach of public finance discipline.

2. Blamed has no obligation to command your innocence and can without giving reasons refuse to give explanations or answer individual questions.

3. the indelible remove doubts are resolved in favor of the defendant.

4. the basis of the settlement can be only evidence disclosed in the proceedings before the authority of the Panel.

Article. 77. [rights of the person in respect of whom the investigation proceedings] the rights referred to in article 1. 74 – 76 are entitled also to the person to whom the Ombudsman discipline has opened investigation.

Article. 78. [adjudicate] 1. No proceedings are initiated and instituted redeems, subject to paragraph 2. 3:1) the alleged act not committed;

2) in the alleged deed no birthmarks breach of public finances;

3) there has been a limitation of criminal record;

4) blamed died;


5) blamed under special regulations is not subject to the case-law in cases of violation of discipline of public finances;

6) in the case of the same Act, committed by the same accused person, was issued a final order or judgment of the Commission with jurisdiction or in the same case against the same obwinionemu will be before the Commission acting previously initiated proceedings;

7) there is a circumstance referred to in art. 27 paragraph. 1 or article. 28 paragraph 1. 1;

8) there is a different fact exclusive by law to rule in infringement public finance discipline.

2. The circumstances referred to in paragraph 1. 1 shall be taken into account ex officio in every phase of the proceedings and shall make an order to discontinue the proceedings.

3. If the circumstance referred to in paragraph 1. 1 paragraphs 1 and 2, it was found after the taking of evidence before a Panel, it seems the judgment of acquittal.

Article. 78A. [suspension of the procedure] 1. Proceedings be suspended, subject to article 8. 25 paragraph 2. 2, in the event of long-term obstacles preventing his lead.

2. the suspension of the procedure followed by the provisions.

3. the Suspended proceedings shall undertake, by way of the provisions, without delay after the cessation of the obstacles referred to in paragraph 1. 1, or obtaining information about termination of the proceedings referred to in article 1. 25 paragraph 2. 2, subject to article 22. 25 paragraph 2. 3.4. If the proceedings were suspended after the start of the taking of evidence at the hearing, and the composition of the Panel was changed, reveals the evidence carried out previously.

Article. 79. [Total case] 1. Cases of violation of discipline in public finances, remaining with each other closely, or breach of public finance discipline committed by more than one person, a total, unless circumstances prevent the total case.

2. If the circumstances justifying the suspension of the procedure apply to one of the cases heard together or one of the persons who have committed a violation of public finance discipline, or if other circumstances is reveal that prevent total case, these cases off to a separate proceeding.

Article. 80. [obligations of investigating authorities] 1. The investigating authorities are required to examine and take into account the circumstances of the case both in favor and against the defendant.

2. the investigating Authorities shall, to the extent necessary, to instruct the participants about the incumbent on them obligations and their rights and to provide them with explanations and information about these rights and obligations, so that in the course of the proceedings of its participants do not have suffered damage due to ignorance of the rules, concerning proceedings in cases of violation of discipline in public finances.

Article. 81. [request for punishment] 1. A request for punishment occurs on the Commission, in accordance with the residence permit for a property referred to in article 1. 47 – 51a.

2. the President of the Main Judicial Commission, at the request of the President of the Commission with jurisdiction made before submitting your request for punishment to identify, designate, by order, to entertain the request for punishment of another Commission acting than this is due to its properties, if the request concerns a member of the judicial Commission punish or discipline of the Attorney or his Deputy, competent in matters relating to the Commission.

3. the President of the Commission with jurisdiction shall designate, by order, to entertain the request for punishment of another Commission acting than this is due to its properties, if, by reason of the exemption of the members of the Commission the right to hear the case recognize it before the Commission is not possible.

3A. the President of the Main Judicial Commission may designate, by order, to entertain the request for punishment of another Commission acting than this is due to its properties, in justified cases important reasons other than those referred to in paragraph 1. 2 and 3.

4. the Chairman of the main Committee with jurisdiction shall, by way of the provisions, disputes about property between committees ruling.

Article. 82. [refer the case back to the] main Commission Adjudicated, avoiding judgment the Commission jurisdiction, stating the invalidity of the final decision or by order of the resumption of the proceedings, may decide to refer the case back to another Commission acting.

Article. 83. [Exclusion from participation in the diagnosis of the case] 1. Member of the Commission with jurisdiction or the main Judicial Commission be excluded from participation in the case, if: 1) the case concerns him directly, his spouse, a relative or a close relation in a straight line or remaining with him in respect of adoption;

2) took part in the release of the order or of the decision repealed or declared null and void by operation of law;

3) took part in the diagnosis of the case in a lower court;

4) played on as a witness or accuser.

2. The exclusion of a member of the Commission with jurisdiction or the main Committee with jurisdiction in resolving matters of the reasons referred to in paragraph 1. 1, followed by the Office.

3. exclusion of the Member of the Commission with jurisdiction or the main Committee with jurisdiction in resolving cases is also on request of the Member, the accuser, an accused person or his Defender, if between him and the Prosecutor, the defendant or his counsel, there is a relationship of the kind that could raise doubts about his impartiality.

4. the provisions of paragraphs 1 and 2. 1 paragraph 1 and paragraph 2. 3 shall apply mutatis mutandis to the exclusion from participation in the case of the accuser and recorder.

Article. 84. [exclusion of the Member of the Commission with jurisdiction] 1. On the exclusion of a member of the Commission with jurisdiction or the main Committee with jurisdiction at the request of the settle, respectively, before the hearing or meeting, the Chairman of the Commission. To exclude a member of the formation of the Court, Prosecutor's Office or the recorder shall, before reading the request for punishment, the President of the formation of the Court. If the request for an exemption applies to the President of the formation of the Court on its jurisdiction shall give the President of the Commission, respectively, off or the Chairman of the Main Committee with jurisdiction.

2. the Ombudsman's exemption of the discipline in the diagnosis of a notice of breach of public finance discipline determines the main spokesman.

Article. 85. [Order] 1. If the Act does not require the judgment or order, it seems.

2. the order shall contain at least: 1) the designation of the authority and a person or persons, issuing the order;

2) date of issue;

3) an indication of the case and the issues which the provision concerned;

4) decision stating the legal basis;

5) justification unless the law exempts from this requirement;

6) notice of the time and how to bring an appeal or about his nieprzysługiwaniu;

7) an indication of the person or persons that is submitted.

3. justification of the provisions should contain a presentation of the facts and the evidence that formed the basis of order, and an explanation of the legal basis.

4. A complaint against the order, if the law so provides.

5. the provisions of paragraphs 1 and 2. 2, points 1 to 4, 6 and 7, and paragraph 2. 4 shall apply mutatis mutandis to orders.

Article. 85A. [the finding of significant deficiencies in the activities] where in the course of checks or in the course of the proceedings the significant shortcomings in the activities of State institutions, local governments or social and inclusive infringements, respectively, the Ombudsman, the Commission Spokesman, the Central discipline adjudicated or main Commission Withheld shall notify the identified failure this institution or body appointed to exercise supervision over it.

Article. 86. [aid] 1. State and local governments are obliged, within the scope of their activities, assist the competent authorities in cases of violation of discipline of public finances, in particular within the period specified by the authority conducting the proceedings: 1) issue opinions, if the statement of facts relevant to the case requires special messages or expertise;

2) pass the relevant documents in the case.

2. the President of the Office of public procurement issues opinions, within the time limit specified by the authority conducting the proceedings in matters relating to the rules on public procurement.

3. The issue of reviews and upload documents from the behavior of the rules for the protection of secrets protected by law, in particular, documents or opinions containing classified information shall be in the manner and on the terms specified in the provisions on the protection of classified information.



Chapter 2 the evidence Art. 87. [Subject of proof] the subject of proof are the facts relevant to the adjudication of the matter.

Article. 88. [the facts widely known] Facts generally known do not require proof. The same applies to the facts known to the Office the authority conducting the procedure, however, you must call attention to pages.

Article. 89. [Request evidence] 1. Body is obliged to an exhaustive and comprehensive consideration of the evidence.

2. In the application of evidence should be given the designation of the evidence and determine the facts to be proven, and you can also specify how the taking of evidence.


3. the application evidence may be rejected if: 1), the fact to be proven, there is no relevance;

2), the fact of the proposal has already been proven in accordance with the claim of the applicant;

3) proof is useless for determining the circumstances;

4) request evidence clearly seeks to prolong the proceedings;

5) evidence can not be carried out.

4. the basis for the rejection of the application evidence may not be the fact, that so far carried out, evidence suggests the facts different from those which the applicant intends to prove it.

5. Rejection of application evidence does not preclude the subsequent release of the evidence, even if it is not revealed to new circumstances.

Article. 90. [determination of the facts] the person against whom proceedings have been initiated, the requested evidence, including evidence from witnesses, is obliged to accurately mark the facts, that statement brings. The obligation also applies to indicate witnesses whose testimony to state these facts, so to call them by the body conducting the proceedings.

Article. 91. [the witness] 1. A person summoned as a witness is required to attend to the call of the body conducting the proceedings, in particular at the hearing, and give evidence.

2. A witness who is unable to appear at the hearing because of illness, disability or other unforeseeable to overcome obstacles, can be heard in the place of their stay by: 1) designated member of the formation of the Court or another judicial Commission, Member 2), if this would be justified because of the distance, which is a resident of the Commission from the whereabouts of the witness, and requests the President of the Commission recognizes the case.

3. Before the start of the hearing, the witness should be advised about the criminal liability for the testimony of falsehood or concealment of the truth.

4. A witness may refuse to answer questions if the answer could expose himself, his spouse, a relative or a close relation in a straight line or person standing with him in respect of the adoption of the responsibility for the violation of public finance discipline or responsibility as laid down special provisions.

5. A witness may refuse to answer questions as to the circumstances which are classified information, unless it is exempted from the obligation to maintain secrecy in the manner and on the terms specified in separate regulations. The exemption can be denied only if a hearing or answer could cause serious harm to the State.

6. A witness may refuse to answer questions because of the secrecy associated with the performance of a profession or function, as to the circumstances that extends this obligation, unless the Court releases him from the obligation to maintain secrecy. This exemption may apply only to circumstances that can not be determined in the proceedings before the Commission acting or on appeal on the basis of other evidence.

Article. 91a. [Powers of the person summoned as a witness] 1. The employer of the person summoned as a witness is obliged to release it from the work with the right to remuneration for time away from work. The basis for exemption from the work is accordingly the Ombudsman, the President of the Commission or the head of the judicial discipline Commission Jurisdiction.

2. A witness who appeared to the call of the body conducting the proceedings, shall be entitled to reimbursement of travel costs, in accordance with the regulations on the amount and terms of fixing royalties the rights worker employed at the State or local government budgetary sphere unit for business trips in the area of the country.

Article. 91b. [Kara ordinal] 1. A person who is required as a witness that does not attend to the call of the body conducting the proceedings, you can impose a penalty of up to £ 100 ordinal, and in the case of failure to comply with a summons – a penalty of up to £ 200 ordinal, unless the failure is justified by the extraordinary event or another obstacle, which could not be overcome.

2. ordinal Penalty imposed by the provisions of, respectively, a spokesman for the discipline or President to the formation of the Court judicial Commission or Commission Jurisdiction.

3. The provision on the imposition of penalties to punish person ordinal is a complaint. The provisions of article 4. 141 shall apply mutatis mutandis.

4. A complaint shall be filed within 7 days from the date of service of the order through the authority which issued them, respectively the main Spokesperson, the President of the Commission with jurisdiction or the Chairman of the Main Committee with jurisdiction. If the President of the formation of the Court: 1) Commission with jurisdiction is the President of the Commission, the complaint shall be lodged with the President of the Commission with jurisdiction;

2 Judicial Commission) of the principal is the President of the Commission, the complaint shall be lodged to the Commission's Jurisdiction.

5. The authority which issued the order under appeal, may take into account the complaint and issued the order.

6. As a result of the diagnosis of the complaint, within 7 days from the date of its receipt, the authority indicated in paragraph 1. 4, on the way, upholds the order under appeal or repeals. Provision of art. 142 shall apply mutatis mutandis.

7. In order to maintain in force the provisions on the imposition of the penalty to the administrative court complaint is ordinal.

8. The proceeds from the fines the ordinal form the revenue of the State budget.

9. A final decision on the imposition of penalties to punish the person shall immediately forward to the ordinal respectively spokesman discipline or the President of the formation of the Court judicial Commission or Commission Jurisdiction. Provision of art. paragraph 155. 1 shall apply mutatis mutandis.

10. Punishment of order failure within the time limit shall be subject to the enforcement provisions of the mode of enforcement proceedings in administration.

Article. 91c. [a call to submit, in writing, information relevant to the case] anyone can be summoned by the body conducting the proceedings to submit, in writing, within the time limit, information relevant to the case, in the context of the knowledge. Provision of art. 86 paragraph 1. 3 shall apply mutatis mutandis.

Article. 92. [opinion] If the finding of facts relevant to the case requires special messages or expertise, the body conducting the proceedings shall seek the opinion of the authorities or bodies referred to in article 1. 86. Chapter 3 notice of infringement of public finance discipline Article. 93. [notice] 1. Notice of infringement, indicating the circumstances disclosed public finance discipline, hereinafter referred to as the "notice", consists of immediately to the competent Ombudsman discipline: 1) Unit Manager public finance sector, 2) Director niezaliczanego subject to the public finance sector, to which it has delegated to the use or disposition of public funds, 3) supervisor of a unit of the public finance sector, 4) the authority which is the local government unit, 4a), the Commission has become the decision-making body of local government , 5) the inspection authority or unit manager leading the control unit of the public finance sector, 6) the authorising officer shall transferring public funds public finance sector unit or entity niezaliczanemu to the public finance sector, 7) the incorporation of public finance sector entities – hereinafter referred to as "zawiadamiającym".

2. The notifier shall have the right to request the information necessary to draw up a notice.

Article. 94. [content of the notification] 1. The notice contains at least: 1) the date, your name, job title, address and signature of the notifier;

2) disclosed a breach of public finance discipline together with an indication of how the time it was committed and violated the law;

3) an indication of the circumstances in which the breach of discipline in public finances, as well as the amount of the funds which are the subject of the violation or the amount of the financial consequences;

4) whether presented a violation of public finance discipline is the subject of criminal proceedings, the proceedings in the case of an offence, proceedings for the offence of tax or tax offense.

2. the notice shall also contain, as far as possible, an indication of the name and surname, address of residence of the person who violated the discipline of the public finances, the address of the employer and the position occupied by the person at the time of the infringement, as well as the name and address of her current employer.

2A. The notice shall be accompanied, as far as possible, the material collected during the inspection or other activities as a result of which the infringement is public finance discipline, confirming the fact or circumstance of committing the infringement, in particular control protocol or the result of a control. Copies of the attached documents is confirmed to be in conformity with the original.

3. the notice is left without consideration if it does not contain data enabling identification of the notifier.

4. If the notification does not contain any of the elements listed in paragraph 1. 1 point 2 or the bottom of a signature, a spokesman for the discipline draws notice, indicating the shortcomings of the compound notice.


5. If the notification does not contain any of the elements listed in paragraph 1. 1 paragraphs 3 and 4, a spokesman for the discipline is supplemented the deficiencies of their own or indicates them the notifier, urging him to reinstate the completed notice not later than 14 days from the date of service of a summons.

Article. 95. [info] 1. If the Ombudsman discipline has about infringement of public finance discipline from persons or entities other than those mentioned in article 2. 93 para. 1, passes this information to the head of the unit, to whom it is addressed and who has authority for the supervision of that entity.

2. Unit Manager and supervisor of the unit, who received the information referred to in paragraph 1. 1, shall pass the Ombudsman, within the prescribed period by him, not more than 3 months and not less than a month, about the measures taken in this action, and then inform it about further steps in the matter and the results thereof.

3. The provisions of paragraph 1. 2 shall not apply if, within the period referred to in that provision, respectively head of unit or unit supervisor will submit a notice.

4. If, within the period referred to in paragraph 1. 2, will not be given information on the actions taken or is not filed notice, a spokesman for the discipline forward received about infringement of public finance discipline Chief Ombudsman.

5. the provision of paragraph 1. 4 shall apply mutatis mutandis if, after the transfer within the period referred to in paragraph 1. 2, information about the actions taken Unit Manager and supervisor of the unit do not inform the Ombudsman about further discipline actions in the case and their results.

6. the principal Ombudsman may recommend to the Ombudsman of the discipline to take the checks on the basis of the information received about the breach of the discipline of public finances or the competent authority about the need to carry out a check of the correctness of the management of the State or public funds, referred to in article 1. 59A. Chapter 4 the examinations and investigation Article. 96. [examinations] 1. On the basis of the notice, the Ombudsman of discipline shall take the examinations in order to determine whether there are grounds for the initiation of the investigation.

2. the spokesperson for the discipline can call the bottom, the head of the unit, which the notice relates and the authority exercising over her supervision or administrator, who has the public funds to be heard, and to release or show relevant, within 14 days from the receipt of the request. The provisions of article 4. 91c and 92 shall apply mutatis mutandis.

3. Documents, opinions, or other information, including classified information, shall be made to the Ombudsman in discipline and on the conditions laid down in the provisions on the protection of classified information only in the case of exemption from the obligation to maintain secrecy, as referred to in article. 91 paragraph 1. 5. Article. 96A. [examination of the properties of the Office] 1. A spokesman for the discipline of its own motion examine your property.

2. A finding of impropriety and refer the case to the competent Ombudsman discipline may take place no later than the end of the investigation. A spokesman for the discipline, to whom the matter, leads her to continue.

Article. 97. [Order of initiation or not to initiate the investigation] 1. After checking the operations spokesman for discipline issues a decision to initiate the investigation procedure or to refuse his initiation.

2. where a provision of the initiation of the investigation procedure does not cover all infringements of public finance discipline set out in the notice, a spokesman for the discipline, it seems, to the extent these violations-order not to initiate investigation.

3. (repealed).

4. (repealed).

Article. 98. [Order of the initiation of the investigation procedure] 1. Decision to initiate the investigation should include in addition: 1) name and surname of the person against whom proceedings have been initiated, the address of the employer and the position held by the person at the time of the breach of public finances;

2) the term breach of public finance discipline which is the subject of the proceedings, including the time of its Commission, violated the law and the provision of the Act setting out the violation.

2. the order of the initiation of the investigation procedure does not require justification.

Article. 99. [initiation of investigation] the Ombudsman may initiate a discipline investigation: 1) to the person, who was not listed in the notice;

2) in respect of an act which is not listed in the notice.

Article. 100. [denial of the initiation of the investigation procedure] 1. A spokesman for the discipline refuses to initiate investigation: 1) if it finds an instance of the circumstances referred to in article 1. 78 para. 1;

2) in relation to a person, to which the same matter went investigation completed the release order discontinuing the proceedings, unless: (a)) order the closure of the investigation has been released as a result of the crime, b) a decision on the closure of the investigation has been issued on the basis of the evidence, which proved to be false, c) after the release of order discontinuing the investigation came to light new , the relevant facts or evidence not known with the release of this order.

2. in the event of one of the circumstances referred to in paragraph 1. 1 point 2 (a). a-c, a spokesman for the discipline, by way of the provisions, repeals the order to discontinue the investigation.

3. Order not to initiate investigation should include in addition the term breach of public finance discipline which is the subject of the checks, together with the time of its Commission, violated the law and the provision of the Act setting out the violation.

Article. 101. [order not to initiate investigation procedure] 1. Order not to initiate investigation shall be delivered to the notifier, which serves the complaint on this provision.

2. As a result of the diagnosis of complaints Main Spokesman, by the way, upholds the order under appeal, changes them or has waived, in whole or in part. Avoiding the main provision, the Ombudsman directs the Ombudsman discipline: 1) the initiation of an investigation or 2) supplement the checks and sets a deadline for the release of a new provision.

Article. 101a. [the lack of grounds for the initiation of the investigation procedure] 1. In the case where the examinations taken at the Main command Ombudsman, referred to in article 2. 95 paragraph 1. 6, did not give rise to the initiation of the investigation, the Ombudsman shall discipline the root to the Ombudsman about the results of the checks carried out along with the material of these steps.

2. the principal Ombudsman can: 1) recommend the Ombudsman discipline supplement checks;

2) by way of the provisions, to recommend to the Ombudsman of the discipline proceedings.

Article. 102. [provisions of Service] 1. A spokesman for the discipline shall be served on the order of the initiation of the investigation, the person against whom proceedings have been initiated.

2. The person referred to in paragraph 1. 1, has the right to submit, within the time specified by the Ombudsman, the discipline, not less than 14 days from the date of service of the order of the initiation of the investigation procedure, explanations or requests of proof in writing or to the Protocol. Failure to submit explanations or evidence within that period shall be deemed to be a refusal of their submission in the investigation. Rejection of application of evidence in the form of provisions.

Article. 103. [Protocol] in the investigation, the Ombudsman shall draw up minutes of discipline actions relevant to the case. The Protocol signed by persons participating in the activities, and, in the case of refusal to sign it, the Ombudsman shall make discipline appropriate annotation.

Article. 103a. [the classification of the infringement] If public finance discipline violation referred to in order to initiate the investigation procedure should be classified as other than indicated in this provision infringed the law or a provision of the Act setting out the violation, a spokesman for the discipline, by order, change the order of the initiation of the investigation procedure in respect of the legal classification of the infringement. The provisions of article 4. 98 paragraphs. 2 and art. 102 shall apply mutatis mutandis.

Article. 104. [request for punishment] 1. A spokesman for the discipline, within 120 days from the date of receipt of the notification, request for punishment for violation of the public finance discipline, hereinafter referred to as the "request for punishment", or issues a decision to discontinue the investigation.

2. The time limit referred to in paragraph 1. 1 not included periods of interruption of the proceedings.

Article. 105. [Information] to request a punishing advocate discipline informs the notifier.

Article. 106. [waiver of investigation] 1. (repealed).

2. The Ombudsman shall discontinue the discipline investigation if it finds an instance of the circumstances referred to in article 1. 78 para. 1.


3. A decision on the closure of the investigation should include in addition: 1) first name, last name, address of residence of the person subject to the investigation, and held its position at the time of the breach of public finances;

2) the term breach of public finance discipline which is the subject of the investigation, together with the time of its Commission, violated the law and the provision of the Act setting out the violation.

Article. 107. [decision on the closure of the investigation] If the request for punishment of the spokesman for the discipline does not put the alleged violation of discipline in public finances of all persons, which initiated the investigation, it seems – in relation to those people – the order to discontinue investigation, subject to article 22. 79 paragraph 1. 2. Article. 108. [Complaint] 1. A decision on the closure of the investigation shall be delivered to the notifier and, with the exception of the provisions issued pursuant to art. 78 para. 1 paragraph 4-the person to whom it was initiated. This person and the Notifier is a complaint against the decision to discontinue the proceedings.

2. As a result of the diagnosis of complaints Main Spokesman, by the way, upholds the order under appeal, changes them or has waived, in whole or in part. The main Spokesman, avoiding the order directs the Attorney discipline: 1) apply for a punishment or 2) make up the investigation, setting a time limit for the request for punishment or release a new provision.

3. the principal spokesman for the order shall be served on the persons who served the complaint. The Main spokesman of terminating the proceeding to use this complaint to the Commission Jurisdiction.

4. As a result of the diagnosis of complaints main Commission Withheld, by the provisions of the: 1) upholds the order under appeal the main Advocate or 2) repeals the order under appeal the main Advocate and Ombudsman's provision of the discipline, in whole or in part and refer the matter to the Ombudsman.

5. To the Ombudsman, to whom the matter in accordance with paragraph 1. Article 4, point 2, the provisions of article 4. 150 shall apply mutatis mutandis.



Chapter 5 a request for punishment of the Article. 109. [request for punishment] 1. Requesting the punishment occurs spokesman.

2. (repealed).

Article. 110. [the proposal] 1. Request for punishment includes: 1) the designation of the authority and the person making the request for punishment;

2) name, surname, address of residence of an accused person;

3) an indication of the place of employment, address, employer and position occupied by an accused person at the time of the alleged breach of discipline of public finances;

4) determination of alleged infringement of public finance discipline, together with an indication of the manner and time of its Commission, violated the law and the provision of the Act setting out a violation;

5) an indication of the circumstances in which the breach of discipline in public finances, as well as if the loss of public funds, exceeding the authority to make the expenditure of public funds, to commitments or non-performance of obligations or the payment of interest, penalties or fees-determination of the amount thereof;

6) an indication of the evidence;

7) whether blamed before committing the alleged violation public finance discipline was punished for violation of discipline of public finances;

8) specify what penalties demands a Prosecutor;

9) justification based on the results of the investigation.

2. the application of punishment be accompanied by provision of the initiation of the investigation, and also compiled the evidence and the evidence and the explanation submitted by the defendant, his defence or to refuse their submission.

3. the application of punishment shall be accompanied, as far as possible, including: 1) a certificate of the amount of remuneration calculated as for annual leave, received by the defendant at the time of the alleged breach of discipline in public finances and the name and address of current employer of that person;

2) superiors about how to discharge an accused person with official duties.

4. (repealed).



Chapter 6 of the procedure before the Commission acting Art. 111. [examination of the Commission's property] 1. Assessment committees examine its jurisdiction ex officio.

2. A finding of impropriety and refer the case back to the Committee with jurisdiction can be made not later than the opening of the taking of evidence.

Article. 112. [preliminary inspection request for punishment] 1. The Chairman of the Committee with jurisdiction prescreen request for punishment.

2. If the request for punishment does not correspond to the conditions set out in article 1. paragraph 110. 1 and 2, the Chairman of the Committee with jurisdiction, within 14 days from the date of its receipt, manages the return request to supplement the authority that it has occurred.

3. In order to return the request for punishment to be completed, you must indicate the deficiencies of the application and specify the deadline for their removal, not less than 30 days. To order a refund of the application of punishment shall be entitled, within 7 days from the date of its delivery, the complaint to the President of the Commission with jurisdiction over the President of the Commission, which issued the order.

4. As a result of the diagnosis of complaints the President the main Judicial Commission, within 7 days from the date of its service, by means of orders, upholds the contested order or it has waived, in whole or in part.

5. On a reasoned request of the Ombudsman the Chairman of the Committee on discipline jurisdiction may extend the time limit the shortcomings of the proposal indicated in the order to return the request for punishment of time necessary to complete the request.

Article. 113. [Referral of the application to recognize] 1. If the request for punishment corresponds to the conditions set out in art. paragraph 110. 1 and 2, the Chairman of the Committee with jurisdiction, within 14 days from the date of its receipt of the copy of the service obwinionemu application manages, directs the request to resolve to a meeting or hearing shall appoint their terms and the formation of the Court.

2. In the order of service of a copy of the request for punishment shall indicate the place and time at which the case file are available for review obwinionemu or his Defender, as well as to instruct on the law for the submission of evidence.

3. The Chairman of the Committee with jurisdiction shall transmit to the parties the order referred to in paragraph 1. 2, within 7 days from the date of its issue.

4. In the case referred to in article 1. paragraph 130. 1, the President of the Commission with jurisdiction after the order service of the copy of the request for punishment of the obwinionemu directs the request to identify at the hearing.

Article. 113A. [powers of the President of the Commission of jurisdiction] 1. On the suspension and investigation, as well as to exclude the case to a separate diagnosis determines the Chairman of the Committee with jurisdiction, if the circumstances justify such a decision will be revealed in the course of the proceedings outside of the hearing or meeting.

2. Of a total diagnosis cases of violation of discipline of public finances, which have been lodged separate requests for sanction, shall give the President of the Commission with jurisdiction.

Article. 114. (repealed).



Chapter 7 meeting of the Article. 115. [Directing the meeting] 1. Meeting the President directs the formation of the Court and shall ensure its proper conduct.

2. the course of the meeting the recorder under the direction of the presiding judge of the Panel draws up a protocol that includes: 1) date and place of the meeting and the mention of the people participating in it;

2) process and-where necessary-the finding of other circumstances surrounding his conduct;

3) content in the course of the issued meeting the regulations and orders.

3. the Protocol shall be signed by the President of the formation of the Court and recorder.

Article. 116. [Meeting] 1. If the circumstances referred to in article 1. 78 para. 1 paragraphs 3-8, will be revealed in the course of proceedings outside the trial, the President of the Commission with jurisdiction refers to resolve at the meeting.

2. The meeting is implicit and takes place without the participation of the parties. The Commission withheld shall take decision on the basis of the evidence attached to the request for punishment or collected in the course of the proceeding. Appointed by the President of the Commission of the judicial member of the formation of the Court presents an overview of the application of punishment and the facts of the case and the current proceedings.

3. As a result of the case at a meeting of the Commission adjudicated, subject to article 22. 78A. 79 paragraph 1. 2, shall make an order to discontinue the proceedings or, if he considers that there are no condition does not proceed, shall refer the matter to the diagnosis at the hearing.

4. the order to discontinue proceedings, in addition to the items referred to in article 1. paragraph 85. 2, should also include: 1) the name, address of an accused person and held by him the position at the time of the breach of public finances;

2) determine alleged infringement of public finance discipline including the manner and time of its Commission, violated the law and the provision of the Act setting out the violation.

4A. The justification for the order discontinuing the proceedings shall be made within 21 days from the date of issue of the order. The provisions of article 4. paragraph 137. 2-4 shall apply mutatis mutandis.


5. Provision for the closure of the procedure and the reasons for it shall be served on the parties immediately after reconstitution. On the order of the parties used the complaint.

6. As a result of the diagnosis of complaints main Commission Withheld, by the way, upholds the decision to discontinue the proceedings or quash them in whole or in part and refer the matter to the President of the Commission with jurisdiction to refer to identify at the hearing.



Chapter 8 Hearing Art. 117. [Hearing] the hearing the Chairman directs formation of the Court and shall ensure its proper conduct.

Article. 118. [Decree of the appointment of a trial date] Order of the appointment of the trial date and the composition of the Panel shall be given within 30 days from the date of adoption of the Ordinance, a copy of the delivery of the request for punishment or from the date of adoption of the decision to refer the case to the hearing, referred to in article 2. 116 paragraph 1. 3. Article. 119. [Disclosure hearing] 1. The hearing before the Commission acting is explicit, subject to paragraph 2. 2.2. Disable the transparency of the hearing or part thereof may be effected only: 1) due to the State security or for the protection of classified information;

2) in view of the threat to peace and public order.

3. announcement of decision on public finance discipline infringement is blatant.

4. notice of the date and subject matter of the hearing placed at the headquarters of the Commission with jurisdiction in the place of generally accessible, at least 7 days before the hearing.

Article. 120. [Disable transparency of the hearing] 1. Disable the transparency of the hearing or its part is managed by the Chairman of the Committee with jurisdiction, subject to the provisions of paragraph 2. 2.2. In the case at the hearing the circumstances referred to in article 1. 119 paragraph 1. 2 disable the transparency of the hearing or its part is managed by the President of the formation of the Court.

3. In the case of disclosure of the reasons referred to in article 1. 119 paragraph 1. 2, paragraph 1, for the composition of the Panel shall appoint a person with credentials, required special provisions for access to classified information.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the Ombudsman, the discipline and the recorder.

Article. 121. [notice] 1. The Chairman of the Committee with jurisdiction shall inform the date and place of the hearing, the parties and the defender of the accused person, if it has been established.

2. the presence at the hearing of an accused person or his Defender is not mandatory.

3. the notice shall be served on the obwinionemu and his Defender, at least 7 days before the date of the hearing. This notification includes the term alleged infringement of public finance discipline, as well as the letter, that the hearing may be conducted without their participation, and judgment may be given in default and that blamed can be offered.

Article. 122. [the realization of the obligations of investigating authorities] in the course of the hearing, the President of the formation of the Court carries out the duties referred to in article 1. 80 (2). 2 and, in particular, teaches: 1) an accused person of the right of refusal responses to individual questions;

2) witness of the duty to speak the truth and accountability for perjury and of his right to refuse to answer specific questions;

3) page about their right almost to ask questions to witnesses, speak what each revealed evidence and the submission of evidence.

Article. 123. [Protocol] 1. With the course of the hearing, the recorder under the direction of the President of the formation of the Court shall draw up a protocol that includes: 1) date and place of the hearing and the mention of the people participating in it;

2) the course of the hearing, and in particular the statements and conclusions of its participants;

3) mention of the evidence disclosed and credited against the evidence;

4) content released in the hearing provisions and regulations, and if the provisions or orders have been issued outside the trial-the mention of their issue;

5) where necessary, determine other circumstances relating to the conduct of the hearing.

2. the Protocol shall be signed by the President of the formation of the Court and recorder.

3. the President of the formation of the Court may order consolidation of the course of the hearing, using recording equipment sound regardless of the preparation of the Protocol, which warns of the participants of the hearing. Recording sound on the letter can be attached to the Protocol. Registered the sound does not constitute evidence in the proceedings.

Article. 124. [rejection of application evidence] may submit explanations, statements and proposals on record orally or in writing. To admit evidence outside the trial, the Chairman of the Committee with jurisdiction, and after the formation of the Court's Chairman. Rejection of application of evidence in the form of provisions.

Article. 125. [Postponement of the trial] Hearing is deferred, if in case: 1) there is no proof of service obwinionemu or its defenders notice of hearing, unless the person which was not served with the notice, is present at the hearing and agree to its conduct;

2) is proof that the obwinionemu and its defenders notice of hearing in less than 7 days before the date of the hearing, unless the blamed or his Defender present at the hearing, agrees to its conduct;

3) is proof that the obwinionemu and its defenders notice of hearing, and blamed or defender will request a postponement of the hearing, in which duly justify their absence at the hearing, an extraordinary event or another obstacle that cannot be overcome.

Article. 126. [evidence] in the cases referred to in article 1. 125, the Commission may, however, withheld evidence and, in particular, to question witnesses, provided that the President of the formation of the Court informs the defendant or his counsel about the course of the hearing, and will allow them to explain what to study evidence and questioning witnesses, if you so request.

Article. 127. [the course of the hearing,] 1. The hearing begins by checking the presence of zawiadomionych and called people. The President of the formation of the Court manages to leave the courtroom by the witnesses, and then manages to read the Ombudsman's request for punishment of the discipline.

2. the President of the formation of the Court asks the defendant whether he understood placed him a plea or pleas, and then manages the remand hearing.

3. After hearing the defendant, the President of the formation of the Court manages to carry out evidence. If blamed agreed with suspicion on him and his explanation did not raise questions, you can not carry out further evidence.

Article. 128. [a witness] 1. A witness shall be heard in the absence of these witnesses, who do not yet have evidence.

2. If there is a need to supplement the evidence about evidence that could affect the outcome of the case, hearing is deferred for the time necessary to complete the evidence. The order to postpone the hearing should indicate how evidence is to be completed.

3. the Commission may amend withheld evidence from the Office.

Article. 129. [Read explanations] 1. At the hearing, you can read and disclose all documents contained in the file.

2. If blamed exercises the right of refusal to make representations at the hearing, explains or differently than before, at the hearing, read his explanation in the file, only to the extent applicable. After reading the explanations of the President of the formation of the Court returns to remand for clarification of overlapping contradictions.

Article. 130. [postponement of hearing] 1. If in the course of the hearing it is found that it is reasonable to place alleged violation of public finance discipline the person not listed in the application for sanction and there are no obstacles in diagnosis of the case, the Commission withheld, at the request of the Prosecutor, it is common to hear-hearing until a request for punishment.

1a. the spokesman for the discipline immediately initiates the investigation to a person referred to in paragraph 1. 1. About the closure or suspension of this investigation, the Ombudsman shall inform the Commission acting discipline.

1B. the application of the punishment referred to in paragraph 1. 1, shall not apply. 112 paragraph 1. 1 and 2.

2. If in the course of the hearing, the Prosecutor calls for punishing the defendant for breach of discipline in public finances, which was not covered by the request for punishment, the Commission withheld shall adjourn the hearing for the time necessary to come up with the extra request for punishment.

Article. 131. [postponement of hearing] 1. If in the course of the hearing it is found that, without exceeding the limits of the request for punishment-can be a violation of public finance discipline abandoned obwinionemu qualify according to another of the violated law or other provision of the Act determining a violation, the President of the formation of the Court shall inform the present at the hearing the parties.

2. In the case referred to in paragraph 1. 1, at the request of the accused person or his Defender, the Commission withheld shall adjourn the hearing on time.

3. In the absence of the accused person or his Defender, the Commission withheld shall adjourn the hearing time and passes the information referred to in paragraph 1. 1, obwinionemu and his Defender.


Article. 132. [to carry out deferred the trial] Hearing deferred leads in new period continues. If the composition of the Panel was changed, reveals the evidence carried out previously.

Article. 133. [Closure of evidence] 1. After the evidence admitted on the President of the formation of the Court asks the parties, or ask for a supplement of evidence and, in the case of a negative response, closes the inquiries.

2. After the close of the taking of evidence the President of the formation of the Court grants the voice go to oskarżycielowi, and obwinionemu. If one of the parties takes the floor again, the President shall also voice the opposite side.

3. After hearing the parties, the President of the formation of the Court closes the hearing and manages confidential consultations to the formation of the Court to give a ruling. The meeting in addition to the composition of the Panel is present only the recorder.

Article. 134. [Decision] 1. The Commission withheld a ruling on the basis of the evidence disclosed at the hearing and shall decide by majority vote. The vote is carried out separately for each case.

2. a decision shall be signed by the Chairman and the members of the Panel, including przegłosowanego, that by signing the decision has the right to select your dissenting opinion. Justification a separate sentence shall be attached to the case file.

Article. 135. [the judgment] 1. The Commission withheld ruling on liability for violation of discipline of public finances or the judgment of acquittal, or a decision to discontinue the proceedings.

2. the judgment contains: 1) the designation of the Commission's jurisdiction, which it has released, the names of the President and members of the formation of the Court and recorder;

2) date and place of the decision;

3) the designation of the accuser, his first and last name;

4) name, surname, address of residence of an accused person and held by him at the time of the breach of public finances;

5) determine alleged infringement of public finance discipline including the manner and time of its Commission, violated the law and the provision of the Act setting out a violation;

6) settlement Commission with jurisdiction;

7) decision on the costs of the proceedings, stating the legal basis and the amount thereof;

8) notice of the time and a challenge mode.

3. in the case of the assignment of responsibility for violation of public finance discipline decision should include in addition: 1) the term breach of public finance discipline assigned obwinionemu, together with an indication of the manner and time of its Commission, an indication of the violated law and a provision of the Act setting out a violation;

2) decision as to punishment or withdraw from its assessment, with an indication of the legal basis.

Article. 136. [the advertisement of the judgment] the President of the formation of the court announces a decision immediately after the end of the deliberation to the formation of the Court and is administered orally theme issue. On an intricate, you can defer the decision to no longer than 7 days from the date of closing the hearing.

Article. 137. [Justification of the judgment] 1. The justification for the decision shall be made within 21 days from the date of public notice of the decision.

2. justification of the decision should contain: 1) an indication of the facts and circumstances, that the formation of the Court upheld the spending decision on assigning responsibility for violation of public finance discipline or acquitted, or the closure of the proceedings, as well as 2) an indication of the facts, that the formation of the Court considered it proven or unproven, an indication on what in this respect relied on evidence, and an explanation of why not found evidence to the contrary, in so far as such were presented;

3) an explanation of the legal basis of the decision;

4) refer to the circumstances, that the formation of the Court had regard to the administration of penalties or withdrawal from its assessment, including, in particular, an indication of the circumstances that the Commission took into account the dimension of punishment or withdraw from its assessment.

3. justification shall be signed by the President to the formation of the Court, and if the justification may not sign the President of composition, the judgment shall be signed by another Member of the composition of the Panel by selecting on the grounds of the reason for the lack of the signature of the President.

4. If it is not possible to draw up a justification of the decision within the period referred to in paragraph 1. 1, the President of the Commission with jurisdiction may, on a reasoned request of a member of the formation of the Court, extend the time limit for a fixed period, not longer than 14 days.

4A. The decision and the reasons for it shall be served on the parties immediately after reconstitution.

5. The parties to the appeal against the decision.



Chapter 9 Complaints and appeals Art. 138. [Complaint and appeal] 1. A complaint against the order of the Ombudsman the Ombudsman's Main discipline. A complaint against the order and the order of the President of the Commission with jurisdiction shall be the President of the Commission with jurisdiction. A complaint against the order of the judicial Commission, the Main Spokesperson and the Chairperson of the main Committee with jurisdiction shall be brought to the Commission's Jurisdiction.

2. An appeal to the Commission with jurisdiction shall be brought to the Commission's Jurisdiction.

3. the appeal, which to the extent specified in the Act shall be filed in writing, through the authority that issued the contested Decree, order or judgment, within 14 days after service thereof, subject to article 22. 91b paragraph. 4 and art. 112 paragraph 1. 3.4. An appeal may relate to all or part of the judgment under appeal.

5. In the body of the appeal must specify which settlement calls for the complainant. The appeal lodged by the Ombudsman, the discipline or the Defender should also include allegations zaskarżanemu the outcome.

6. From the wording of the remedy should be, whether it is brought for the benefit or to the detriment of the defendant. A spokesman for the discipline can make appeals also to the advantage of the accused person.

Article. 139. [the proceedings in the case of receipt of appeal] 1. A spokesman for the discipline or the main Spokesperson, which issued the order under appeal, and in the other cases, the Chairman of the Committee with jurisdiction, upon receipt of an appeal: 1) shall make an order to refuse its acceptance if it was filed after the deadline, or by an unauthorized person, or 2) shall transmit it without delay, together with the acts of the case, to resolve in the second instance, subject to article 22. 91b paragraph. 6.2. The provision referred to in paragraph 1. 1, point 1, the complaint's for the person who has filed an appeal of that order.

Article. 139a. [refusal of appeal] authority to which it has delegated to entertain an appeal, as soon as it is received, it seems that provision to refuse an appeal, if it was filed after the deadline, or by an unauthorized person. The complaint is the person who has filed an appeal of that order.

Article. 139b. [appeal] the main Spokesman and Chairman of the Main Committee with jurisdiction, to which it has delegated to entertain an appeal: 1) shall make an order to suspend the proceedings, if you reveal the circumstances referred to in article 1. 25 paragraph 2. 2 or article. 78A paragraph. 1;

2) manages the case off to separate proceedings, if reveal circumstances referred to in article 1. 79 paragraph 1. 2. Article. 140. [Revocation appeal] 1. An appeal may be withdrawn by the appellant, this measure until the authority of second instance.

2. An appeal to the Commission with jurisdiction can be undone by the this measure until the hearing in the second instance.

3. An appeal to the Commission with jurisdiction made by the Ombudsman, the discipline can be withdrawn by the Chief Ombudsman. Withdrawal of appeal outside the trial takes place by way of interlocutory procedures, which require justification. The order and the reasons for it shall be served on the Attorney discipline, which brought an appeal, and the main Commission Jurisdiction. To withdraw an appeal at the hearing shall be notified to the Ombudsman.

4. An appeal lodged in favour of the accused person cannot be undone without his consent.

5. an appeal is withdrawn, be left without consideration, unless one of the circumstances causing invalidity of the order or judgment under the law.

6. in the event of the withdrawal of an appeal after his transfer to resolve in the second instance shall immediately notify the appropriate Main Advocate or the head of the Main Commission Jurisdiction.

Article. 140A. [Recognize complaints] as a result of the diagnosis of complaint review body upholds the contested decision or repeals it, in whole or in part, subject to article 22. 101 paragraphs 1 and 2. 2, art. paragraph 108. 2, art. 112 paragraph 1. 4, art. 116 paragraph 1. 6 and art. 178 paragraph 1. 2. Article. 141. [Validity] 1. Order and judgment of the Judicial Committee, which has not been lodged an appeal, it becomes valid on the date on which the time limit of appeal.

2. the order and the decision of the Commission with jurisdiction to which an appeal has been withdrawn, it becomes valid on the date of its withdrawal.


Article. 142. [the legitimacy of the rules and decisions of the] the provisions of and decisions the main Judicial Commission terminating the proceeding are valid on the day of their release.



Chapter 10 the appeal proceedings before the main Commission Acting Art. 143. [the designation of the formation of the Court] to resolve references the Chairman of the Main Committee shall designate a Judicial bench, and entrusts to the Member that the composition of the preparation of the report on the current course of the proceedings, as well as an overview of the decision and lodged an appeal, and the facts of the case.

Article. 144. [Meeting] 1. The Chairman of the Main Committee with jurisdiction may refer the appeal to resolve at the meeting, if you want to order to discontinue the proceedings in the case of the circumstances referred to in article 1. 78 para. 1 paragraphs 3-8.

2. The meeting referred to in paragraph 1. 1, is implicit and takes place without the participation of the parties. Main Commission of an affirmative decision taken on the basis of the evidence collected by the Commission acting and the documents attached to the appeal.

3. As a result of the resolve references in, as referred to in paragraph 1. 1, the Commission Adjudicated it seems, subject to article 22. 78A. 79 paragraph 1. 2, the order to discontinue the proceedings or, if he considers that there are no condition does not proceed, shall refer the matter to the diagnosis at the hearing.

4. the provisions of paragraphs 1 and 2. 1-3 and the recipe article. 143 shall apply mutatis mutandis to resolve complaints on the order of the Main Spokesperson and provision the Commission jurisdiction.

Article. 145. [Hearing] 1. At the hearing, the main Commission Adjudicated recognizes the appeal on the basis of the evidence collected by the Commission acting and the documents attached to the appeal.

2. Main Commission Withheld evidence in the appeal indicated receives a request or requested at the hearing and may conduct inquiries, if this will help to expedite or simplify the procedure.

Article. 146. [change resolution] 1. Main Commission of Withheld may punish the accused person or tighten against him only when the appeal to its detriment. Appeal to the detriment of an accused person does not preclude changes to the outcome in his favor.

2. in the case of an appeal, to the detriment of an accused person who has been acquitted by the Commission of acting or for which the proceedings were discontinued, the Commission Withheld may not issue a decision on liability for violation of the public finance discipline. However, if it considers that the assignment of this responsibility is justified, it shall refer the matter to the review.

Article. 147. [Decision] 1. Main Commission Withheld as a result of the diagnosis of the appeal at the hearing takes a decision in which: 1) maintains the decision in force or 2) shall quash the decision in full or in part and shall decide the matter on the merits, or 2a) shall quash the decision in full or in part and shall dismiss the proceeding, or 3) shall quash the decision in full or in part and shall refer the matter back to the Commission's acting.

2. Main Commission Withheld judgment under appeal in favour of resolving and avoiding an accused person, where that decision concerns the violation of public finance discipline assigned to more than one person, repeals them and also resolved in favour of the other of the accused, even if not they brought an appeal, if the same considerations militate in favour of repeal of the judgment and the decision on their behalf.

Article. 148. [justification and service provisions and rulings] 1. To justify the provisions and decisions of the main Commission with jurisdiction shall apply mutatis mutandis the provisions relating to the Commission's ruling and reasoning with jurisdiction, except that the rationale for the provisions and decisions of the main Judicial Commission should also include follow-up to the complaints of the judgment under appeal decision and an explanation of the reasons why the recognition of them justified or unjustified.

2. the provisions of the home and the Commission with jurisdiction and the reasons for it shall be delivered to the Chief Ombudsman and obwinionemu and his Defender. Order and judgment of the niezaskarżone by the parties to the administrative court shall be delivered immediately to the President of the Commission in order to carry a residence permit as well, and also through the Ombudsman.

Article. 149. [the application of the provisions of the Act] to the extent not regulated in this chapter to the proceedings before the main Commission Acting shall apply mutatis mutandis the provisions of the proceedings before the Commission acting.



Chapter 11 retrial Article. 150. [the bounds of jurisdiction] 1. The Commission withheld, which was referred back to the case, decides within the limits in which there has been a transfer.

2. The indication of the Main Commission with jurisdiction as to the further proceedings are binding on the Commission's jurisdiction, the case was passed.

Article. 151. [Decision] Again when considering the matter, the Commission withheld may issue a decision more stringent than repealed only when the appeal to the detriment of the defendant.

Article. 152. [the application of the provisions of the Act] To conduct involving retrial shall apply mutatis mutandis the provisions of the proceedings before the Commission, acting in place of read request for the prosecution at the hearing, the Member of the formation of the Court, appointed by the President of the Commission with jurisdiction, submit a report of the current proceedings.



Chapter 12 execution of the judgments in cases of infringement of public finance discipline Article. 153. [Transfer of the judgment] 1. The Chairman of the Committee with jurisdiction shall immediately forward to the final judgment of liability for breach of discipline in public finances: 1) obwinionemu;

2) head of unit employed is blamed;

3) head of unit in which there has been a breach of discipline of public finances;

4 the main Judicial Commission President).

2. If blamed is the head of the public finance sector, the judgment shall be also its controlling authority for the supervision of that entity.

Article. 154. [a copy of the final judgment] 1. A copy of the final judgment, referred to in article 2. 153 paragraph 1. 1, immediately attaches itself to the personal file of an accused person, and removes from the act-immediately after the expiry of the period referred to in article 1. 40(2). 1 and 2.

2. The date of commencement of the execution of the penalty of the Prohibition Act as related to other disposal of public funds is the day the appeal ukaranego with non-function and, in the case when such a function is not charged-the day on which the judgment becomes legally binding to.

Article. 155. [Request for payment of the costs of the proceedings and penalty] 1. The decision referred to in article 1. 153 paragraph 1. 1, passed obwinionemu, the Chairman of the Committee with jurisdiction joins call to pay within 7 days from the date of delivery, costs, and penalty, if granted.

2. The Chairman of the Committee with jurisdiction may, by order, at the request of the defendant, justified his major interest, deferred payment term or spread out the payment of the costs of the procedure or penalty, for not more than 2 years. The refusal to postpone the time limit for payment or of rescheduling takes place by means of the provisions.

Article. 156. [a call to appeal ukaranego with non-function] 1. To a decision on punishment punishment prohibition of performing functions related to other disposal of public judicial Commission President joins call to ukaranego non-function reference.

2. If the punished punishment prohibition of performing functions related to other disposal of public funds is mayor, Mayor or city President, Chairman of the Committee with jurisdiction shall transmit the decision to the competent of the Palatine and joins the call to request for recall as specified in art. 96 paragraph 1. 2 of the Act of 8 March 1990 on municipal self-government (Journal of laws of 2001, no. 142, item 1591., as amended.).

3. the appeal of non-functionality shall be notified, within not more than 14 days from the date of the summons, the President of the Commission and the President of judicial Commission Jurisdiction. The notice shall state the date at which the punished was cancelled.



Chapter 13 the annulment of the final provisions and decisions of the Article. 157. [the invalidity of a final order or judgment] 1. The invalidity of a final order or judgment issued by the adjudicating entity in violation of discipline of public finances, the Home, the Commission Withheld if: 1) with the release of a provision or a decision she participated a person not eligible to rule or to be excluded from the causes mentioned in the article. 83 para. 1;

2) (repealed);

3) was held in the punishment of an unknown Act;

4) the formation of the Court was improperly cast or the order or judgment has not been signed by any member to the formation of the Court involved in its release;

5) there is a contradiction in terms of content or preventing its execution;

6) further in time to rule one of the circumstances of the exclusionary rule, referred to in article 1. 78 para. 1 paragraphs 3 to 6 and 8.

2. Main Commission Adjudicated annuls the final order or decision of its own motion or at the request of a party.


Article. 158. [types of decisions] 1. The annulment of the main Commission Withheld shall be settled at the meeting and shall make an order: 1) annulment or 2) refusal of annulment.

2. where the Declaration of invalidity applies only to part of the final order or judgment, in the order referred to in paragraph 1. 1, is the extent to which this provision or a decision remains final.

3. Noting the invalidity of a final order or judgment of the main Commission Adjudicated repeals them and shall discontinue the proceedings or shall refer the matter to the review.

4. the order referred to in paragraph 1. 1, shall be served on the parties.

Article. 159. [the application of the provisions on appeal] concerning annulment of the provisions for appeal, except that, if the annulment of the provisions concerned or the main Committee with jurisdiction, rules she composed of five people, and chaired by the President of the Commission.

Article. 160. [exclusion of the annulment of the final order or judgment] 1. Annulment of a final order or judgment against the defendant may not take place, if from the date of its final judgement has expired during the year.

2. No annulment of a final order or judgment, if from the date of its implementations have passed two years.

3. No annulment of a final judgment or order, if it was the subject of a diagnosis on the basis of article. 169.4. No annulment of a final judgment after seizing punishing.

Article. 161. [refund of penalty or costs] in case of annulment of a final judgment paid penalty or costs shall be reimbursed.



Chapter 14 the resumption of the proceedings Art. 162. [revision] Investigation, completed by a final order or judgment, may be resumed if: 1) the order or decision was given as a result of the offence;

2) the order or decision was given on the basis of the evidence, which proved to be false;

3) after the judgment or order came to light new, relevant facts or evidence unknown at the release of the order or judgment.

Article. 163. [request for resumption of proceedings] 1. A request for resumption of proceedings can occur the proper minister of public financies, the chief spokesman for, a spokesman for the discipline, the person affected by the order or decision, or her Defender.

2. a request for the resumption of the procedure should occur within 30 days from the date on which the persons mentioned in paragraph 1. 1 learned of the reason justifying the resumption.

3. a request for resumption of proceedings shall be the main Commission Jurisdiction.

Article. 164. [the order to resume the proceedings] 1. The proceedings are resumed Home Commission Withheld shall be settled at the meeting and shall make an order: 1) resume the proceedings or 2) refusal which the proceedings are resumed.

2. By order of the resumption of the proceedings the main Commission Withheld final judgment or order shall be repealed and shall refer the matter back to the Commission with jurisdiction at first instance.

3. the decision on refusal to resume the proceedings or resume the proceedings shall be served on the person who filed the request for the resumption of the proceedings, and to the parties.

Article. 165. [the application of the provisions on appeal] in respect of which the proceedings are resumed, the provisions for appeal proceedings, except that if the proceedings concern the provisions or the main Committee with jurisdiction, rules she composed of five people, and chaired by the President of the Commission.

Article. 166. [Disable the wake-up procedure] 1. The proceedings shall resume after the expiration of two years from the date when the provisions of, or decisions.

2. The proceeding does not resume after the seizure of punishing.



Chapter 15 costs, enforcement costs and penalties Article. 167. [costs] 1. Anyone deemed responsible for the violation of public finance discipline returns to the Treasury-the costs of the proceedings. These costs shall be a flat rate of 10% of the average wage.

2. in the case of an acquittal of an accused person or does not proceed to the costs of the proceedings shall be borne by the State Treasury.

3. You cannot enforce the costs of the proceedings, if from the date when the judgment passed two years. The term does not run during the period of standby with the Office of the implementation of the final judgment, in accordance with article 5. 169. Article. 168. [enforcement of receivables] 1. Claims in respect of fines and costs enforces in the provisions of the enforcement proceedings in administration.

2. do not enforce a penalty and costs in the case of smearing punishing.



Chapter 16 complaint to the administrative court Article. 169. [complaint to the Administrative Court] 1. The final decision and the provisions of the main Judicial Commission terminating the proceedings the Parties shall be entitled to appeal to the administrative court. Bringing an action suspends the execution of a final judgment on breach of public finance discipline.

2. The provisions of the President of the Commission with jurisdiction, ending the proceedings, issued as a result of the diagnosis of complaints on the decision to refuse an appeal to the person who filed the appeal, shall be entitled to appeal to the administrative court.



Section V order Regulations Chapter 1 Corrigendum, share files, letter, terms Art. 170. [Corrigendum] 1. Obvious errors of transcription or accountants in a judgment, order, decree or their reasoning can be corrected, of its own motion or at the request of the parties, at any time. Rectification of a judgment, order or their justifications follows through, and correcting the Ordinance by Ordinance.

2. The correction shall be the authority which he has committed any mistake, either of its own motion review body, if the proceedings pending before that body.

3. in order to rectify obvious errors writing or accounting in the body of the judgment, order or their reasoning, respectively Chairman of the Main Committee with jurisdiction, or the Chairman of the Committee with jurisdiction refers to the meeting.

4. Make a rectification referred to in paragraph 1. 1, shall carry the appropriate annotation in the minutes of the meeting.

5. Obvious errors of transcription or accounts in the application for a residence permit to the Commission brought punishment and attached to it or to the case the provisions and regulations of the Ombudsman and their justifications straightens, by way of the provisions, the Commission withheld or Home the Commission Adjudicated, if proceedings before the Commission. The provision of paragraph 1. 3 shall apply mutatis mutandis.

6. In order to rectify issued by the acting or the Ombudsman, the discipline's for the complaint.

Article. 171. [Request for rectification of Protocol] 1. Rectification of obvious errors writing or accounting in the minutes of the hearing or meeting may occur at the request or of its own motion at any time.

2. the parties may submit a request for rectification of Protocol of the hearing or meeting, pointing out inaccuracies or omissions.

3. an application for rectification of the Protocol recognizes the President of the formation of the Court, after listening to the recorder. The President may refuse the rectification or order the rectification of the Protocol.

4. the rectification or refuse rectification shall be a person who has an application for the rectification, and make appropriate mention in the Protocol. To decline to rectification of the Protocol are not entitled to appeal.

5. An application for the rectification of the Protocol of the hearing or meeting, made after submitting the case to the Judicial Commission shall be to identify the main Commission Jurisdiction.

6. the Deletions and corrections in the minutes of the hearing or meeting shall be made in such a way that the words deleted and corrected were legible. Deletions and corrections are discussed in the minutes before his signing.

7. the provisions of paragraphs 1 and 2. 1, 2, 4 and 6 shall apply mutatis mutandis to the amendment of protocols drawn up by the advocates of the discipline, including that of rectification protocols submitted to the file recognized by the Commission acting or Major Commission Acting judges Commission, before which the proceedings are taking place.

Article. 172. [Annotations] Steps the Commission jurisdiction, as well as other events of relevance to the proceedings, of which shall be drawn up Protocol, perpetuates in the file in the annotation form signed by the person who carried out these steps.

Article. 173. [the File Sharing] 1. The person to whom the action is brought, her defender and Prosecutor have the right to review the case file and the preparation of these notes, and in all stages of the procedure, and when it is finished.

2. In justified cases, the case file shall be made available in the course of the checks and the proceedings in order to enable their view and drawing up of them notes and copies of other people as well – with the consent of the appropriate Ombudsman the Ombudsman's main discipline, the President of the Commission with jurisdiction or the Chairman of the Main Committee with jurisdiction.

3. sharing the case takes place in the headquarters of the authority conducting the proceedings.


Article. 174. [Letter] 1. Notice, request for punishment, as well as the appeal consists in writing. Explanation and declaration consists in writing or verbally requested to the Protocol.

2. A letter or statement made to outside the trial protocol should be signed by the appellant, and also by the person who produced it.

Article. 175. [transfer of letter] 1. If the letter is sought to the wrong authority, that authority shall immediately forward them to the competent authority on public finance discipline violation and notify the sender of the letter.

2. The letter brought before the expiry of the deadline to the wrong authority shall be deemed to have been lodged with the behavior of the term.

Article. 176. [Dates] 1. To the time limit does not include the date on which the term counts.

2. If the period would otherwise end on the public holiday off work, for the last day of the term is considered the closest the next weekday.

3. The deadline is met if prior to its expiration was given a letter in the Polish postal facility designated operator within the meaning of the Act of 23 November 2012.-postal law (OJ item 1529) or the Polish consular.

Article. 177. [Request for relief] 1. In the event of failure to date to restore the time limit at the request of the person concerned, if it is probable that that failure has occurred without his fault.

2. an application for relief must be made within 7 days from the date of cessation of the cause of failure to date. At the same time with the application you must act within that period, which was to be made.

Article. 178. [Restoring uchybionego term] 1. On the restoration of the term shall decide accordingly the Ombudsman or discipline the President of the Commission with jurisdiction and restores uchybiony the term or shall make an order to refuse to restore it.

2. The refusal of the restoration of the term have a complaint up to the main Advocate or President of the main Judicial Commission, which maintains order in force or repeals and gives on the right gear.



Chapter 2 Service Article. 179. [service of judgments and conditions] 1. Decision and order shall be served in the authenticated write-offs.

2. In the request the sending authority must be determined, indicate that the case concerned and indicate the date of its execution and instructed about the effects of its failure.

3. In the notification the sending authority must be determined, indicate in what capacity, and time has to face the recipient, and whether its appearance is mandatory, and warn of the consequences of failure to appear.

Article. 180. [service of documents] 1. The summons, notice, order, order or judgment from which the date of service of the run dates, hereinafter referred to as "letters", shall be served by a postal operator within the meaning of the Act of 23 November 2012.-postal law as registered, respectively, with acknowledgement of receipt or return receipt. The letter served by persons referred to in paragraph 1. 2, it seems, against receipt.

2. the writings may be served by any person authorised by: 1) Ombudsman discipline;

2) Main Spokesperson;

3) the President of the Commission with jurisdiction;

4 the main Judicial Commission President).

Article. 181. [Ways service] 1. If the recipient is the person: 1) to which the Ombudsman initiated a discipline investigation, 2) which the President shall request for punishment or a notice of the hearing, 3) which is the defender of the accused person, who is not an attorney or legal advisor, 4) that is affected by the decision or order, 5) which call for the payment of the costs of the procedure or penalty-effected her in person in the apartment, subject to article 22. 184.2. If the service in the apartment of the recipient referred to in paragraph 1. 1, the letter shall be served in any place where the addressee is to be.

Article. 182. [ways of serving] If the recipient is: 1) defender of the accused person, who is a lawyer or a legal adviser, 2) spokesman discipline, 3) Chief Spokesman, 4) Chairman of the Committee with jurisdiction, 5) the Chairman of the main Committee with jurisdiction, 6) called to appeal ukaranego the penalty referred to in article 1. 31 para. 1 paragraph 4 of the non-feature-writing shall be served at the address indicated by the sender to the hands of the employee authorized to receive mail.

Article. 183. [notice of change of address] 1. In the course of proceedings and are obliged to notify the Defender blamed the competent authority conducting the proceedings of any change of address or work, and, in the case of residence abroad indicate the addressee for service in the country. To the notice of change of address to teach in the course of the proceedings.

2. In the event of non-performance of the obligation referred to in paragraph 1. 1 service of a document under the existing address has legal effect.

Article. 184. [Service letter pełnoletniemu domownikowi] in the absence of the recipient, as referred to in article. 181 paragraph. 1, in his apartment, the letter shall be served on the pełnoletniemu domownikowi, if you will agree to deliver them to the recipient.

Article. 185. [confirmation of receipt letter] 1. Receiving the letter acknowledge receipt and the date of your signature on the receipt or on the return receipt receipt, where the writing is served by a postal operator within the meaning of the Act of 23 November 2012.-postal law, and in other cases on the receipt. Serving confirms your legible signature way of service and date of service.

2. If the receiving a letter shall be repealed from the acknowledgment of service or cannot do so, serving the same confirms the delivery date and the person who received the letter, and the reason for the lack of its signature.

3. If the addressee refuses to accept the letter served by a postal operator or otherwise, the letter asks the sender with a note about the refusal of its adoption and the date of refusal. The letter, along with a note be included in the case file.

4. In the cases referred to in paragraph 1. 2 and 3, it is considered that the letter has been effected accordingly on an established by evidencing or on refusal to acceptance by the recipient.

Article. 186. [Presumption of service] 1. In the case of the letter served by a postal operator within the meaning of the Act of 23 November 2012.-postal law, which cannot be delivered as specified in article 4. 180 paragraph 1. 1 or article. 184, on the shipping address that contains a letter the postman endorse "awizowano day" and shall transmit it to the competent institution of this operator.

2. the notification of the deposit of postal facility along with information about where and when the recipient may pick them up, the postman puts in mailbox your oddawczej the recipient or where this is not possible on the door of his apartment.

3. Leaving a letter in a mailbox, this facility by placing on the page address shipment letter timestamp signature and fingerprint of the host employee.

4. The letter is stored in a mailbox along with acknowledgement of receipt or the return receipt, 7 days from the next day after being placed.

5. If the addressee does not respond after receiving the letter within the time limit referred to in paragraph 1. 4, postal facility sends a second notice of its acceptance, and on the shipping address that contains the letter puts the imprint date and endorse "awizowano again"; in this notice sets out a seven-day deadline for receipt of letter counting from the day following the date of notification.

6. The service shall be deemed to be made at the end of the last day of the period for which a letter is left in a mailbox, unless it was taken earlier. Letter omissions within the postal facility returns to the sender.



Chapter 3 Transfer of final decisions and a register of undertakings concerned and the report on the activities of the competent authorities in cases of infringement of public finance discipline Article. 187. [Transfer of final decisions] 1. Final provisions and the decision of the Commission with jurisdiction to discontinue proceedings for breach of discipline in public finances due to the lapsing of the criminal record or the circumstances referred to in article 1. 27 paragraph. 1 or article. 28 paragraph 1. 1, shall be communicated to the Chairman of the Main Committee with jurisdiction.

2. Order not to initiate investigation and to discontinue the proceedings, if the premise of refusal to initiate or remission were aging criminal record or the circumstances referred to in article 1. 27 paragraph. 1 or article. 28 paragraph 1. 1, a spokesman for the discipline of the passes to the lead to the Ombudsman.

Article. 188. [registration] final judgment on liability for violation of discipline in public finances is subject to registration in a register kept by the main Commission Acting.

Article. 189. [a record of] 1. In the register referred to in article 1. 188, are entered in the information about the people responsible for public finance discipline including the following data: 1) name and surname of the person who is the subject of the entry, the names of parents, date and place of his birth;

2) the address of the residence;

3) the number of the identity card or other proof of identity;

4) SOCIAL SECURITY identification number, where the number was issued.

2. The entry in the register shall be subject to:


1) date of issue of the decision and the name of the Commission, which issued the judgment;

2) determination of the sentence or to withdraw from the assessment of penalties;

3) start date of the execution of punishment;

4) date of smearing punishing.

3. The Chairman of the Committee with jurisdiction after obtaining the information that forms the basis for change or deletion of an entry in the register, it shall immediately inform the Chairman of the Main Committee with jurisdiction.

4. The entry to the registry, change its content, and its removal is managed by the Chairman of the Main Committee with jurisdiction.

5. order: 1) entry in the register and its contents, 2) change the content of an entry in the register, 3) delete an entry in the register – Chairman of the main Committee with jurisdiction shall notify a person whose data are entered in, and the President of the Commission with jurisdiction that issued the judgment.

Article. 190. [Deleting entry] entry in the register referred to in article 2. 188, is subject to removal in the case of: 1) blurring the punishing;

2) the annulment or annulment of a final judgment;

3) resumption of the proceedings;

4) the death of the person subject to registration in a registry.

Article. 191. [sharing] 1. The information contained in the register referred to in article 1. 188, may be shared with: 1) discipline attorneys and commissions the Panel in connection with the investigation;

2) courts in connection with the investigation;

3) prosecutors and other bodies authorized to conduct preparatory proceedings in cases of offences and crimes of tax in connection with the investigation;

4) authorities of the public administration and other bodies performing public functions, where this is justified by the need to perform under the tasks defined in the Act;

5) employers and all other persons or authorities, in connection with the giving or vocation to carry out functions related to other disposal of public funds referred to in article 1. 32 paragraph 1. 2;

6) individuals in their field.

2. the Council of Ministers shall determine by regulation: 1) the manner and mode of seeking the information from the registry referred to in article 1. 188, 2) form of the person subject to registration in a registry, 3) patterns of written requests for information from the registry and answers to these queries-ensuring the protection of the information contained in the registry prior to their disclosure to unauthorized persons and entities.

Article. 192. [report] 1. The Chairman of the Committee on the judiciary, by 31 January of each year, shall submit to the Chairman of the Main Committee with jurisdiction report about how to entertain applications for punishment, contributed in the previous year.

2. the President of the Commission with jurisdiction, not later than 15 March of each year, consists of the Minister competent for public finance report of the activities of the Commission with jurisdiction and a summary report on the activities of the Commission in particular in the previous year.

3. Advocates the discipline, no later than 31 January of each year, submit to the principal Ombudsman report on the activities of the previous year.

4. the principal Spokesperson, no later than 15 March of each year, consists of the Minister competent for the public finances, a report on its activities, and a summary report on the activities of the Ombudsmen of the discipline in the previous year.

4A. The proper Minister of public financies approves the reports referred to in paragraph 1. 2 and 4, and then passes them on to the President of the Council of Ministers and the Parliamentary Committee responsible for public finances.

4B. Activity report of the main Committee with jurisdiction should contain at least the information about: 1): a) the identified actions, b) complaints to the Administrative Court for decision the main Judicial Commission – and how their diagnosis;

2) action taken by the Chairman of the Main Committee with jurisdiction under the supervision of the activities of the Commission in particular and the results of these activities;

3) complex notices of known failure in the activities of State institutions, local governments or social, referred to in article 1. 85A;

4) measures taken to ensure the uniform application of the provisions on liability for violation of the public finance discipline by the authorities in cases of such violations, taking into account the case-law of the courts, in particular by the dissemination of the judgments of the Judicial Commission and the Commission in particular;

5 most important Commission decisions) Jurisdiction.

4. Report on the activities of the Main Spokesperson should contain at least the information about: 1): a) the identified actions, b) complaints to the Administrative Court, brought by the main Spokesperson – and how their diagnosis;

2) actions taken in the framework of supervision over the activities of the Ombudsmen of the discipline and the results of these activities;

3) complex notices of known failure in the activities of State institutions, local governments or social, referred to in article 1. 85A. 5. Reports by the assessment committees and discipline attorneys should, accordingly, contain at least the information on the number of: 1) notices received by the advocates of discipline;

2) provisions issued by attorneys;

3) proposals on punishment and the number of people covered by these requests;

4) decisions issued by the Commission decisions and the number of covered persons;

5) made redress;

6) identified remedies and how they resolve.

6. the Council of Ministers shall determine, by regulation, reports submitted by the assessment committees and ombudsmen of the discipline, taking into account the consistency and uniformity of the data included in the reports.

Article. 193. [Office support and organizational-technical registry] the proper Minister of public financies provides support for the Office and organizational-technical registry referred to in article 2. 188, and bear the expenses associated with it, to be financed from the State budget.



Chapter 4 supervision over the activities of the competent authorities in cases of infringement of public finance discipline Article. 194. [administrative supervision over the activities of the] 1. Supervision over the activities of the Commission's administrative judge has the Chairman of the Main Committee with jurisdiction.

2. The surveillance referred to in paragraph 1. 1, is exercised by: 1) the analysis of the annual activity reports of the Commission in particular and the formulation of conclusions deriving from it;

2) analysis how to discharge the responsibilities by the Presidents of the Commission and the members of the adjudicating Commission concerning in particular: (a)) progress and efficiency of proceedings, in particular in cases where the procedure will be chronic, b) the order directing matters to c) the merits of postponing the hearings, d) the timeliness of the issuance of the regulations and decisions, e) the correctness of the report.

3. In the exercise of supervision, the Chairman of the Main Committee with jurisdiction can: 1) require sending the documents in the case;

2) require explanations, including giving reasons of failing requests for punishment and indicate how and when to remove the resulting backlog or the removal of other deficiencies;

3) require weaknesses;

4) notify accordingly the President of the Republic of Poland or the proper Minister of public financies of the occurrence with respect to the President of the Commission with jurisdiction or his Deputy the circumstances referred to in article 1. 56 paragraph 1. 2. Article. 195. [additions and notes] 1. The Chairman of the Main Committee with jurisdiction in the event of an increase in the number of unresolved cases have the President of the Commission with jurisdiction to draw up within 14 days of the action plan, to remove the backlog. The Chairman of the Committee with jurisdiction shall drawn up plan to the President of the Commission with jurisdiction.

2. the President of the Commission with jurisdiction may, within 7 days from the date of receipt of the plan, make it complete and notes.

3. Additions and remarks by President of the Commission with jurisdiction are binding on the President of the Commission with jurisdiction.

Article. 195a. [supervision over the activities of the Ombudsmen and their deputies] 1. Supervision over the activities of the Ombudsmen and their deputies shall exercise the main spokesman.

2. The surveillance referred to in paragraph 1. 1, is exercised in respect of: 1) timeliness of carried out checks and investigations, including the merits of the suspension of the investigation;

2 formal validation) issued decisions;

3) compliance with the obligations referred to in article 1. paragraph 187. 2;

4) timeliness and correctness of drawing up by the advocates of the discipline activity reports.

3. Advocates discipline and their alternates shall transmit to the Chief Ombudsman: 1) the provisions on the suspension of the proceedings;

2) information about the non-discharge of investigation within the time limit referred to in article 1. paragraph 104. 1, with an indication of the reason does not complete checks or investigation, and expected date of completion.

4. in the case of the investigation is not finished within the time limit specified by the Ombudsman, the discipline or his Deputy the provision of paragraph 1. 3 paragraph 2 shall apply mutatis mutandis.


5. Within the framework of the Main surveillance activities the Ombudsman may issue discipline attorneys and alternates command and guidance. The command and guidance may not be how the completion of checks or investigation or other decisions related to the line of these actions and proceedings, or filling function of the accuser in the proceedings before the Commission acting, subject to article 22. 101a paragraph. 2.6. The Chief Ombudsman, not less often than once every 2 years, periodically assessing compliance by the Ombudsman and his Deputy with the obligations laid down by law, in particular in terms of timeliness of carried out checks and investigation. Assessment should take into account, in particular, the total number of ongoing cases and the number of ongoing cases in which there has been a limitation of criminal records, as well as the reasons for the limitation period.

Article. 195b. [administrative supervision over the activities of the] 1. Supervision over the activities of the Administrative Commission with jurisdiction and the Ombudsman shall exercise the proper minister of public financies.

2. The surveillance referred to in paragraph 1. 1, over the activities of the Commission with jurisdiction is exercised by examining: 1) activity reports of the main Committee with jurisdiction;

2) how to discharge the responsibilities by the Chairman of the Main Committee with jurisdiction, and the members of the Commission, in particular as regards: (a)) progress and recognition performance remedies, b) the order directing matters to resolve, c) timeliness for justifications and decisions, d) timeliness and correctness of the report referred to in paragraph 1, e) activities undertaken within the scope of the oversight committees deciding, f) for submission of notices of deficiencies in the activities of State institutions local government, or social, referred to in article 1. 85A. 3. The surveillance referred to in paragraph 1. 1, over the activities of the main Advocate is exercised by examining: 1) activity reports the main Spokesperson;

2) how to discharge the responsibilities by the Ombudsman and his deputies, in particular as regards: (a)) the timeliness of issuing decisions, b) participate in hearings before the main Commission Acting, c) timeliness and correctness of the report referred to in paragraph 1 (d)) of the activities undertaken in the field of supervision of its discipline and their alternate, e) the submission of notices of deficiencies in the activities of State institutions local government, or social, referred to in article 1. 85A. 4. In the context of the evidence, the proper minister of public financies supervision may require the Chairman of the Main Committee with jurisdiction and the main spokesman of the explanations and the removal of identified deficiencies.



SECTION VI of the changes in the legislation in force, transitional and final provisions Chapter 1 changes to the existing Article. 196. (omitted).

Article. 197. (omitted).

Article. 198. (omitted).



Chapter 2 transitional and final provisions Article. 199. [adjudicate] If an act violating public finance discipline within the meaning of the Act of 26 November 1998 on the public finances, committed before the date of entry into force of this Act, is not in violation of public finance discipline for the purposes of this Act, the infringement procedure shall be initiated public finance discipline, and initiated cancellations.

Article. 200. [in the case of infringement of public finance discipline] proceedings for breach of discipline in public finances initiated before the date of entry into force of the Act is carried out according to the provisions of this Act, unless the existing provisions are more favourable to the defendant. Steps made before the date of entry into force of the Act are effective if they have been made without prejudice.

Article. 201. [the term of Office of the Commission Panel] 1. The term of Office of the Commission in particular in cases of violation of discipline in public finances, appointed before the date of entry into force of the Act expires on the date of appointment of the Commission's jurisdiction under the provisions of this Act, not later than 30 September 2005.

2. the term of Office of the Commission with jurisdiction to the Minister of Finance appointed before the date of entry into force of the Act expires on the appointment of Commission Jurisdiction, not later than 30 September 2005.

3. Advocates public finance discipline and their alternates, appointed before the date of entry into force of the Act, shall remain in Office until the appointment of ombudsmen and their deputies under this Act, not later than 30 September 2005.

4. the principal spokesperson for the public finance discipline and his Deputy, called before the date of entry into force of the Act, shall remain in Office until the appointment of the principal Ombudsman and his deputies based on this Act, not later than 30 September 2005.

5. On expiry of their term of Office the Commission adjudicating in cases of infringement of public finance discipline and the main Commission with jurisdiction to the Minister for finance, appointed before the date of entry into force of the Act, the President of the Commission shall transmit to the competent Commission of the judiciary and Judicial Commission, appointed under this Act shall, as appropriate: 1) matters in which proceedings are pending for breach of discipline of public finances;

2) matters in which proceedings have been initiated;

3) case, in which a final decision has not been made;

4) case files, which ordered penalties have not been seized.

6. After the cessation of duties by public finance discipline and the main spokesman of public finance discipline, carried out by them of the case, as well as their rights and obligations, acquire appropriate: a spokesman for the discipline and the Ombudsman, appointed under this Act.

7. the provision of paragraph 1. 5 shall apply mutatis mutandis in the event of the expiry of the membership of the Commission with jurisdiction for the reasons referred to in article 1. 56 paragraph 1. 1, point 9.

Article. 202. [entry into force] this Act shall enter into force on 1 July 2005.

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