Key Benefits:
ACT
of 14 July 1983
with a national archival resource and archives
Chapter 1
General provisions
Article 1. [ Archived Materials] Archival materials entering the national archival resource, hereinafter referred to as "archival materials", are all kinds of files and documents, correspondence, financial, technical and statistical documentation, maps and plans, photographs, films and microfilms, sound and video recordings, electronic documents within the meaning of the provisions of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. No 64, pos. 565, of late. zm.) and other documentation, regardless of the way in which it was produced, having a meaning as a source of information about the historical value of the activity of the Polish State, its individual bodies and other state organizational units and about its relations with other countries, about the development of social and economic life, the activities of organisations of a political, social and economic, professional and religious nature, the organization and development of science, culture and art, and the activities of units of local government and other local units It has been established in the past and has been created in the past.
Article 2. [ National Archive Resource] 1. National archival resources serve science, culture, the national economy and the needs of citizens.
2. The national archival resource, depending on the ownership of the archival materials, shall be divided into:
1. State archival resources;
2) a non-state archival resource.
Article 3. [ Retention of archival materials] Archival materials constituting a national archive resource shall be kept in perpetrative.
Article 4. [ Supervision of the national archival resource] 1. The supervision of a national archival resource shall be exercised by the Minister competent for cultural affairs and protection of the national heritage through the Chief Executive of the State Archives.
2. The tasks referred to in art. 51b, art. 51 f (f) 2, art. 51g (b) 1, 2, 4 and 5, art. 51h and art. 51j ust. 1 and 2, they are tasks in the scope of government administration.
Chapter 2
Investigation of archival materials and other documentation
Article 5. [ Delegations] 1. Documentation arising in the state bodies and state organizational units, in the bodies of local government units and local government units, and the influential to them is stored by these authorities and individuals proceedings for a period determined on the basis of the authorisation contained in the paragraph. 2, after this period:
1) the documentation constituting the archive material shall be forwarded to the relevant state archives;
(2) a dossier other than that referred to in point 1 may be missing.
2. The Minister of competent for culture and protection of national heritage, at the request of the Supreme Director of State Archives, by means of regulation, sets the rules for classifying and qualifying the documentation due to the periods of its storage and the rules and mode of transfer of archival materials to state archives, as well as the rules and the mode of missing other documentation.
2a. The Minister competent for information, after consulting the Chief Executive of the State Archives, will determine, by means of a regulation, the necessary elements of the structure of electronic documents created and collected in entities, of which Paragraph 1. 1, taking into account the minimum requirements for public registers and the exchange of information in electronic form, as well as the need to ensure the integrity of electronic documents.
2b. The Minister competent for information, after consulting the Chief Executive of the State Archives, will determine, by means of a regulation, a detailed way of dealing with electronic documents in the entities referred to in the paragraph. 1, in particular the rules for the registration, classification and classification of electronic documents and the rules and mode of their missing, taking into account the need to ensure the integrity of electronic documents and the long term retention of electronic documents.
2c. Minister competent for information technology, in agreement with the Minister for Culture and Protection of the National Heritage, at the request of the Supreme Director of State Archives, will determine, by means of regulation, the technical requirements of should correspond to the recording formats and IT data media within the meaning of the provisions of the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks, transferred to the archives of the State archival materials persisted in the IT data carriers.
3. Cases referred to in paragraph 1 1, 2 and 2c, shall be governed by order, by way of:
1) President of the Republic of Poland-Head of the Chancellery of the President of the Republic
2) the Sejm of the Republic of Poland-Head of the Chancellery of the Sejm of the Republic
3) Senate of the Republic of Poland-Head of the Chancellery of the Polish Senate;
4) The Council of Ministers-Head of the Chancellery of the Prime Minister;
(4a) National Security Bureau-Head of the National Security Bureau;
5) bodies and organizational units subordinate to and supervised by the Minister of National Defence, Minister responsible for internal affairs, the minister competent for foreign affairs, and with regard to the organizational cells performing the activities in the field of treasury intelligence in organizational units subordinate to and supervised by the Minister responsible for public finance, as well as in relation to the organizational cell performing the task of counteracting the press of money and financing of terrorism in the minister's office the competent financial institutions, the ministers to which they are subject and by which those bodies and agencies are supervised;
6. the Internal Security Agency-the President of the Council of Ministers at the request of the Head of the Internal Security Agency;
6a) Intelligence Agency-President of the Council of Ministers at the request of the Head of the Intelligence Agency;
6b) Central Anti-Corruption Bureau-President of the Council of Ministers at the request of the Head of the Central Anti-Corruption Bureau;
7) Institute of National Remembrant-the Committee for the Prosecution Of Crimes against the Polish National-President of the Institute of National Remembrant-the Commission for the Prosecuting of Crimes against the Polish National
4. The President of the Council of Ministers shall determine, by means of a regulation, for organizational cells carrying out tasks in the field of defence and security of the State, created in offices serving state bodies and state organizational units, other than those mentioned in paragraph. 3, and in offices serving the bodies of local government units and other local organisational units:
1) the way of classifying and qualifying documentation due to the periods of its storage,
2. method:
a) transfer of archival materials to the Central Military Archive,
(b) missing non-archival documentation,
3) the technical requirements that should correspond to the recording formats and IT data carriers within the meaning of the provisions of the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks
-having regard to the specific nature of the dossier and the need to protect it from unauthorised disclosure.
5. The arrangements for determining how the documentation is to be qualified for the periods of its storage in the Internal Security Agency and in the Intelligence Agency shall be protected in accordance with the provisions on the protection of classified information.
Article 6. [ Obligation to provide adequate records of archival materials] 1. State bodies and state organisational units, bodies of local government units and local self-government bodies are required to provide adequate records, storage and protection against damage, destruction or loss:
1) the resulting documentation, in such a way as to reflect the course of action and settlement of cases;
2. the documentation referred to in paragraph 1 above and the documentation to be submitted to them.
2. In state bodies, state agencies and local agencies, with the exception of those mentioned in the paragraph. 2a, the instructions laying down the rules and procedures for the handling of the documentation referred to in paragraph 2. 1, require the approval by the Supreme Director of State Archives. The Chief Executive of the State Archives may authorise the directors of state archives to approve the instructions.
2a. Provisions of the paragraph. 2 shall not apply to:
1. the authorities of the municipality and the intercommunal associations and the offices serving those bodies and associations;
2) the district authorities and district starosts;
3) the bodies of the self-government of the voivodship and the Marshal Offiches,
4) the bodies of the team of government administration in the voivodship and offices serving these bodies.
2b. The President of the Council of Ministers, at the request of the minister competent for public administration and the minister competent for culture and protection of national heritage, will determine, by way of regulation, for the bodies and intercommunal associations referred to in the in paragraph 2a:
1) a law firm laying down detailed rules and procedures for the execution of office activities in offices serving these bodies and associations;
(2) the classification and eligibility of dossiers in the form of uniform physical record lists;
3) the statement on the organization and scope of operation of works archives specifying in particular the rules and the procedure of the documentation proceedings in the archive.
2c. In the Regulation referred to in paragraph 1. 2b, account should be taken of the need to ensure a uniform way of creating, recording and storing documentation in a variety of forms, including electronic, and its protection against damage, destruction or loss.
3. In respect of the bodies holding the extracted archives, the provision of the paragraph shall not apply. 2.
Article 7. [ Unnegotiable archival materials] Archival materials entering the State archival stock may not be disposed of; nor shall they be transferred to other organisational units other than those specified in the Article, except in the case of law. 22.
Article 8. [ Conditions for the passage of archival materials to State ownership] Archive materials entering the records of a non-state archive resource shall not be disposed of; their transfer to the State shall be effected in accordance with the provisions of Article 4 (1) of the Regulation. 44.
Article 9. [ Right of pre-emption] 1. Archive materials entering an unregistered non-state archive resource can be disposed of. In the event of their disposal by means of a contract of sale, state archives and national archives, the right of pre-emption of these materials shall be entitled, depending on the characteristics of such archives. The provisions of the Civil Code shall apply to the original of these materials.
2. The right of pre-emption referred to in paragraph. 1, shall not apply if the archival materials entering unregistered non-state archival stock are offered to the acquisition of the organisational units referred to in art. 22 par. 2, if these materials are complementary to the archival historical asset of those units currently held.
Article 10. (repealed).
Article 11. [ Acceptance of archival materials for storage] The organisational units of the State archive network may accept, for the storage of archival materials, whether owned or otherwise, in the possession of non-state organisational units and natural persons.
Article 12. [ Ensuring proper storage conditions for archival materials] State and State bodies of the organisational units, bodies of local government units and local government bodies, political parties, political organisations, cooperatives and other social organisations, and other non-state bodies organizational units, as well as churches and religious associations in which they are formed or which hold archival materials, are required to ensure the proper conditions of their storage, to protect them from damage, destruction or loss, and provide the necessary maintenance of these materials.
Art. 12a. [ Protection of archival materials] The director of the relevant state archive may issue a decision to secure the archival materials entering the national archive resource by moving them to this archive in order to store them until the threat is established, if there is a legitimate concern for their destruction, damage or loss, in particular by being exported abroad without authorisation, as referred to in Article 4 (1) of the Regulation. 14.
Article 13. [ Regulation of matters relating to the holding of documents by political parties] The cases referred to in art. 5 par. 1, art. 6 para. 1 and in Art. 12, with regard to political parties, political organizations, cooperatives and other social organizations, and other non-state organisational units, as well as churches and religious associations, regulate in their own affairs the parties political, organisational and organisational units, and churches and religious associations.
Article 14. [ Exportation abroad] 1. Exports abroad of archive materials constituting a national archival resource shall be prohibited.
2. The Chief Executive of the State Archives may allow temporary export abroad for archival materials, if an important social or individual interest is passed for the granting of the permit.
3. Exports abroad of archival materials not entering a national archive resource within the meaning of the Act shall be admissible on condition that its character is determined by the Supreme Director of State Archives.
4. The provisions of the paragraph. 1-3 shall not apply to archival materials imported into the country subject to their return.
Art. 14a. [ Reimbursement of unlawfully exported material of archival materials] For the return, located in the territory of the Republic of Poland and exported unlawfully from the territory of a Member State of the European Union, archival materials, from the manufacture of which elapsed:
1) more than 50 years,
2) 50 years or less, if they constitute a State archival resource
-the provisions of Chapter 6 of the Law of 23 July 2003 shall apply accordingly. about the protection of monuments and the care of the monuments (Dz. U. Nr 162, pos. 1568, as of late. zm.), with that the authority competent to conduct the proceedings concerning the return of archival materials is the Supreme Director of State Archives.
Article 14b. [ RP investigation of the return of archival materials] Article Recipe 14a does not exclude the possibility of an investigation by the Republic of Poland of returning, on the basis of law or international customs, exported unlawfully by Polish law from the territory of the Republic of Poland of archival materials other than those specified in the art. 14a.
Chapter 3
State Archive Resource
Article 15. [ Create a state archive resource] 1. State archival resources shall form archival materials arising from and arising from the activities of:
1) state bodies and other state organizational units;
1a) bodies of local government units and other local organisational units;
2) foreign bodies of power and state administration and other bodies, organizational units and organizations, religious associations, as well as occupying military units, if these materials are located in the Republic of Poland.
2. The State Archive shall also form archival materials resulting from the activities of:
1) political parties and other organisations of a political, social, professional and economic nature,
2) churches and religious associations,
3) other non-state organizations and organizational units,
4) political, social and economic activists, creators in the field of science and technology, culture and art, and other persons who have contributed their historical contribution to the development of the Polish State, political, social and economic life and to the development of science and technology and culture and art,
5) families and families, which have exerted historical influence on state affairs, political, economic and social relations, as well as on their assets, businesses and other economic activity,
if the materials have become the property of the State as a result of purchase, donations or other means of purchase.
3. The archival materials referred to in paragraph. 1 and 2, located outside of the State in the possession of foreign bodies or organizations shall be considered to be a state archival resource, if on the basis of law or international customs should be transferred to the Republic of Poland.
Article 16. [ Provision of archival materials] 1. Archive materials are made available to organizational units and citizens for the needs of science, culture, technology and economy. The provision of archive materials for the above needs is free of charge.
2. (repealed).
2a. State archives perform archival services in search, conduct of query, copying, processing and transfer of data using the ICT systems or IT data media and material maintenance archive for the purposes referred to in paragraph 1. 1. State archives may also carry out service activities, consisting in the storage, copying and maintenance of documentation of a temporary storage period, including personal and wage documentation of employers.
2b. (repealed).
2c. (repealed).
2d. (repealed).
2e. (repealed).
3. (repealed).
4. (repealed).
Article 17. [ Refusal to Provision Archive Materials] 1. Archival materials shall be made available after 30 years after their manufacture.
(1a) Notwithstanding the age of the archival materials, it may, by decision, refuse to make available it if:
1) their physical condition does not allow for making available;
2. the making available would result in a breach:
(a) legally protected interests of the State, organisational units and citizens,
(b) legally protected secrets.
2. The Minister for Culture and Protection of the National Heritage shall, by means of the Regulation, determine the specific accidents and the mode of early release of the archival materials, taking into account the requirements referred to in paragraph 1. 1a point 2.
3. The Council of Ministers shall determine by way of regulation, the manner and mode of sharing of archival materials contained in the extracted archives, excluding the archive of the extracted Institute of National Remembrances-the Commission's Prosecution Of Crimes against Polish National, including:
1) how to deal with archival materials containing information constituting the secrets legally protected, in particular classified information or personal data subject to protection,
2) the scope of the provision of documentation concerning individuals to those for their own purposes,
3) specific accidents of earlier provision of archival materials,
4) payment for the provision of archival materials in the event of the archive bearing the additional costs from this title,
5) payment for the production of the reproduction of archival materials
-having regard to the specific nature of the documentation and the need to protect it from unauthorised disclosure and the amount of expenditure incurred in the provision of archival materials.
4. The Minister of Culture and National Heritage shall, after consulting the National Council of Radio and Television, establish, by way of regulation, detailed rules and procedures for the collection, registration, qualification, classification and the provision of archival materials constituting a public service republic of radio broadcasting, taking into account:
1) the specific scope and mode of operation of radio and television;
2) the need for special protection of archival materials against loss or destruction.
Article 18. [ Appointment of the Chief Executive of State Archives] 1. The Central Director of Government Archives in the State of the State Archives is the Central Director of the State Archives.
2. The Chief Executive of the State Archives shall be appointed by the President of the Council of Ministers, at the request of the minister competent for culture and the protection of the national heritage, from among the persons selected in the open and competitive recruitment.
3. The President of the Council of Ministers refers to the Chief Executive of the State Archives.
4. The Deputy Chief Executive of the State Archives shall appoint, among the persons selected by an open and competitive recruitment, minister competent for culture and protection of the national heritage, at the request of the Supreme Director of the Archives State. The Minister for Culture and Conservation of the National Heritage refers, at the request of the Supreme Director of the State Archives, to his deputies.
5. The Supervision of the Supreme Director of the State Archives shall be exercised by the Minister competent for the affairs of culture and the protection of national heritage.
Art. 18a. [ Competence for the position of the Chief Executive of State Archives] 1. The position of the Head of the Director of State Archives may occupy a person who:
1) is a Polish citizen;
2) enjoy full public rights;
3) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;
4) has managerial competence.
2. The person referred to in the mouth. 1, in addition, it shall have:
1) professional title of master or equivalent professional and at least 5-year period of employment in managerial positions in the Supreme Directorate of State Archives or State Archives or
2) the scientific degree of doctor habilitated in the field of sciences related to the activity of archives, or
3) a scientific title in the field of sciences related to the activity of archives.
Art. 18b. [ Announcement of naborze information] 1. Information on the position of the Supreme Director of State Archives, shall be announced by placing the notice in a place which is widely available at the seat of the office serving the Chief Executive of the State Archives and the Bulletin Board Public Information Office and Public Information Bulletin of the Chancellery of the Prime Minister. The notice shall include:
1. the name and address of the office;
2. determination of the position;
3) requirements related to the position resulting from the provisions of law;
4) the scope of the tasks performed on the post;
5) an indication of the required documents;
6) deadline and place of submission of documents;
7. information on the methods and techniques of recruitment.
2. The term referred to in paragraph 1 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.
Art. 18c. [ entities carrying out recruitment] 1. The recruitment for the position of the Chief Executive of the State Archives shall be carried out by the team, appointed by the Minister responsible for culture and the protection of the national heritage, numbering at least 3 persons, whose knowledge and experience give a guarantee of the selection of the best candidates.
2. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary for the performance of his duties as a recruitment, and the managerial competence.
3. Assessment of the knowledge and managerial competence referred to in the paragraph. 2, may be made on the order of the team by a non-member of the team who has the appropriate qualifications to make this assessment.
4. Member of the team and the person referred to in paragraph. 3, they have the obligation to keep in secret information concerning applicants for the post obtained during the recruitment process.
5. In the course of the selection, the panel will emerges no more than 3 candidates, which are presented by the Minister for Culture and National Heritage.
Art. 18d. [ Protocol of the recruitment] 1. The team shall draw up a protocol of the following:
1. the name and address of the office;
2) determining the position for which the recruitment was conducted, and the number of candidates;
3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;
4. information on the methods and techniques used for the recruitment;
5) justification of the choice made or the reasons for the nominee's failure;
6) composition of the team.
2. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister.
3. Information on the outcome of the recruitment shall include:
1. the name and address of the office;
2) determination of the position for which the recruitment was conducted;
3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.
4. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of the recruitment and the result of this recruitment is free of charge.
Art. 18e. [ Body set up by the assembly carrying out recruitment] 1. The team carrying out the recruitment for the posts referred to in art. 18 (1) 4, appoints the Supreme Director of State Archives.
2. To conduct recruitment for the posts referred to in art. 18 (1) 4, the provisions of Article 4 shall apply mutatis mutandis. 18a-18d.
Article 19. [ The competent authorities in the case of archives] 1. The competent authorities in the cases of archives extracted in the scope of the specified provisions of the Act shall be respectively:
1) Minister of National Defence, minister competent for internal affairs, minister competent for foreign affairs, minister responsible for public finance and minister competent for financial institutions;
2. Head of the Internal Security Agency and Head of the Intelligence Agency;
3) Head of the Central Anti-Corruption Bureau;
4) Chiefs: Chancellery of the Sejm, the Chancellery of the Senate, the Chancellery of the President of the Republic of Poland and the Chancellery of the Prime Minister;
5) Head of the National Security Bureau.
2. The competent authority in the cases of archives of the extracted Institute of National Remembrances-the Commission for the Prosecution Of Crimes against the Polish Nation within the scope of the law is the President of the Institute of National Remembrances-the Commission for the prosecution of against the Polish Nation.
3. The Minister of National Defence shall be the competent authority for the control of the archives of the extracted referred to in art. 29 par. 1 point 6 (d), with the exception of the archives of the Chancellery of the Prime Minister, the Internal Security Agency, the Intelligence Agency and the Central Anti-Corruption Bureau. The Minister of National Defence may authorise the conduct of the control of the Head of the Central Military Archive.
Article 20. [ Archival Council] 1. The General Director of State Archives works as an advisory body and an opinion of the Archival Council.
2. The Minister for Culture and Protection of the National Heritage shall appoint the members of the Archival Council at the request of the Supreme Director of the State Archives, presented in agreement with the Association of Polish Archivists.
3. The term of office of the Archival Council lasts three years.
Article 21. [ Scope of Action of the Chief Executive of State Archives] 1. The scope of operation of the General Director of State Archives shall be:
1) to coordinate archival activities in the State;
2. (repealed);
3) the issuance of permits for temporary export of certain archival materials;
4) supervising the collection, the missing, the records, the storage, development, the provision and preservation of archival materials;
5) supervision of the scientific and publishing activities carried out in the state archives;
6) conducting international cooperation in the field of archival affairs;
7) (repealed);
8) keeping records of traitors of personal and wage files.
1a. The Chief Executive of the State Archives in the cases referred to in paragraph. 1 (1) and (4) of the State Archives applicable to it may issue a provision of order.
2. The Chief Executive of the State Archives is entitled to control the organizational units forming part of the state archival network in the implementation of the provisions of the Act.
3. The Minister for Culture and Protection of the National Heritage, by way of regulation, will determine the detailed scope of action of the Supreme Director of State Archives.
4. The provisions of the paragraph. 1-3 does not apply to extracted archives.
Article 22. [ Archival activities in the field of the State archival stock] 1. Archival activity in the scope of the state archival resource conducts the state archival network, which they create:
1) State archives;
2) extracted archives;
3) archives of the establishment of state bodies and other state organizational units;
(3a) archives of the establishment of bodies of local government units and local government units;
4) (repealed).
2. Archival activities in the scope of the state archival stock also carry out:
1) the organisational units which hold the entrusted archival resource;
2) libraries and museums, storing archival materials that enter the state archival resource, and collecting the specified in art. 15 para. 2 archival materials constituting the state archival resource:
(a) the organiser of which is:
-the minister or head of the central office,
-local government unit,
-State-owned establishment,
(b) operating in state organisational units and local business units.
Article 23. [ Archival activity range] Archival activities include the collection, registration, storage, development, security and making available of archival materials and the carrying out of information activities.
Article 24. [ Subordination of State Archives] 1. State archives shall create and liquidate the Minister for Culture and Protection of the National Heritage, by way of regulation, at the request of the Supreme Director of State Archives.
2. State archives shall be subject to the Chief Executive of State Archives.
3. The activities of state archives shall be directed by the directors appointed by the Supreme Director of State Archives.
4. The Chief Executive of the State Archives at the State Archives may appoint a Scientific and Programme Board as an advisory body and an opinion. The Director of the State Archive shall, in the event of the establishment of the Scientific and Programme Board, establish its personal composition.
Article 25. [ The scope of the operation of central State archives] 1. State archives of a central character include the scope of operation of the area of the whole State.
2. Archive resource of archives referred to in paragraph. 1 are archival materials arising from the activities of the primates and central authorities of government and government administration and other central organizational units, as well as archival materials collected by these archives in the past (historical asset).
Article 26. [ The scope of operation of non-central State archives] 1. State archives not having a central character include the scope of operation of the area of one or several voivodships.
2. Archive resource of the state archives referred to in the paragraph. 1 shall constitute archival materials arising in the field of their operation, as well as their historical resource, with the exception of archival materials entering the archives of the archives of the State of central nature.
Article 27. [ Derogations from the rules for the deployment of state archives] 1. The Chief Executive of the State Archives in justified cases, due to the needs of science, culture and the national economy and to safeguard the archival resources, may, after consulting the Archival Council, introduce a derogation from the rules their deployment as defined in Article 25 and 26.
2. Paragraph Recipe 1 does not apply to archive resources of extracted archives.
Article 28. [ The scope of operation of state archives] The scope of the operation of State archives shall be in particular:
1) shaping the state archival resource;
2. (repealed);
3) the records, storage, development, security and making available of archival materials belonging to their archive resource;
4) control of the handling of archival materials entering the state archival stock in works archives, record stores, and organizational units with the assigned archival resource;
5) issuing certified copies, discharges, extracts and reproduction of stored materials, as well as certificates on the basis of these materials;
6) conducting scientific work and publishing in the field of archivistics and related fields;
7) popularization of knowledge about archival materials and archives and carrying out information activities;
8) perform the tasks specified in the Act or in separate regulations.
Article 29. [ Extracted Archives] 1. The archives shall be extracted:
1) archive of Sejm of the Republic of Poland;
2) archive of Senate of the Republic of Poland;
3) archive of the President of the Republic of Poland;
4) archive of the Council of Ministers;
5) archive of the National Security Bureau;
6. Archives:
a) the office serving the Minister of National Defence and the bodies and organizational units subordinate to and supervised by this Minister-in the scope of the department of government administration defense,
(b) the offices serving the Minister responsible for the internal affairs and the minister responsible for foreign affairs, and the bodies and organisational units subordinate to and supervised by those ministers-within the scope of the departments of the government of the case internal and foreign affairs,
(c) the organisational cells carrying out the treasury intelligence activities in the business units subordinate to and supervised by the Minister responsible for public finance, in so far as these activities are concerned,
(d) organisational cells carrying out tasks in the field of defence and security of the State, set up in other than those mentioned in (c). a and b offices serving state bodies and state organisational units, and in offices serving the bodies of local government units and other local organisational units-in terms of these tasks,
(e) the organisational cell carrying out the task of preventing money laundering and the financing of terrorism in the office serving the Minister responsible for financial institutions, in respect of those tasks;
7) the archives of the Internal Security Agency and the Intelligence Agency;
8) archive of the Central Anti-Corruption Bureau;
9) archive of the Institute of National Remembranes-the Commission's Prosecution Of Crimes against the Polish Nation.
2. The extracted archives shall cover the scope of operation of the whole or part of the State.
3. Minister of National Defence, minister competent for internal affairs, minister competent for foreign affairs, minister competent for financial institutions, minister responsible for public finance, Head of the Chancellery of the Prime Minister, Head of the Internal Security Agency, Head of the Intelligence Agency and Head of the Central Anti-Corruption Bureau, in consultation with the Minister of Culture and National Heritage, shall determine, by way of arrangements, the organisation of the subordinate and the competent authorities of the Union. those supervised archives, taking into account, in particular, the scope of their action.
4. Head of the Chancellery of the Sejm, Head of the Chancellery of the Senate, Head of the Chancellery of the President of the Republic of Poland, Head of the National Security Bureau and President of the Institute of National Remembrance-Commission for the Prosecuting of Crimes against the Polish National the opinion of the Minister responsible for culture and the protection of the national heritage, shall determine, by way of arrangements, the organisation of the archives which they have been subject to and supervised by them, taking into account, in particular, the scope of their operation.
5. To cases not regulated by the provisions issued on the basis of the paragraph. 3 and 4 shall apply mutatis mutandis to state archives.
6. The managers of the organizational units in which the extracted archives are operating, referred to in the paragraph. 1 point 6 (d), with the exception of the archives of the Chancellery of the Prime Minister, the Internal Security Agency, the Intelligence Agency and the Central Anti-Corruption Bureau, shall establish and define their organization, by means of orders, after consultation the opinion of the Minister of National Defence.
Article 30. [ The archival resource of the supreme authority of Poland] 1. Archive resource of archives: the Sejm of the Republic of Poland, the Senate of the Republic of Poland and the President of the Republic of Poland constitute the archival materials created and created in the course of their activities, as well as their historical resource.
2. The archive resource of the archive of the Council of Ministers shall constitute the archives of the President of the Council of Ministers, the Council of Ministers and the Chancellery of the Prime Minister, created and created in the course of their activities, as well as the historical resource of the Council of Ministers.
Article 31. [ extracted archive archive resources range] 1. Archive resource of archives of the archives referred to in art. 29 par. 1 points 5 to 8 are archival materials created and created in the course of the activity:
1) (repealed);
2) bodies and organizational units subordinate to and supervised by the Minister of National Defence, Minister competent for Home Affairs, Minister competent for Foreign Affairs, Head of the Internal Security Agency, Head of the Intelligence Agency, Head of the Central Anti-Corruption Bureau and the Head of the National Security Bureau;
3) the offices serving the Minister of National Defence, the minister competent for internal affairs and the minister competent for foreign affairs;
4) organizational cells carrying out treasury intelligence activities in organizational units subordinate to and supervised by the Minister responsible for public finance affairs;
5) organizational cells carrying out tasks in the field of defence and security of the state, created in other than those mentioned in art. 29 par. 1 point 6 (a) a and b offices serving state bodies and state organisational units, and in offices serving the bodies of local government units and local government units-in terms of these tasks;
6) the organisational cell carrying out the task of counteracting money laundering and terrorist financing in the office serving the minister responsible for financial institutions.
2. The archival resource of an archive of the extracted, subordinate minister competent for foreign affairs shall also include documents sent and submitted by foreign entities of international law.
3. The archival resource of an archive of the extracted, subordinate to the President of the Institute of National Remembrance-the Commission of the Prosecutions of Crimes against the Polish Nation, constitute the archival materials defined by the Act of 18 December 1998. o Institute of National Remembrance-the Commission for the Prosecution Of Crimes against the Polish Nation (Dz. U. 2007 Nr 63, poz. 424, with late. zm.), and also created in the course of the activities of this Institute.
Article 32. [ The transfer of archival materials by the extracted archives] 1. The archives of the archives shall be transmitted to the public archives of a central nature, which are so far in their stock, after the circumstances justifying their storage in the archives of the archives, but no later than the other than after 50 years from the date of their manufacture, provided that this does not violate the legitimate interests of the State and of the citizens.
2. Archive materials concerning the performance of the tasks in the field of defence and security of the state, produced and collected in the organizational cells referred to in art. 5 par. 4, they are transferred to the Central Military Archive.
3. Archival materials produced and collected in organizational cells performing tasks in the field of defence and security of the state, created in offices serving the bodies referred to in art. 5 par. 3, and in the units and organizational cells referred to in art. 5 par. 3 (5), shall be transferred to state archives on the basis of the rules laid down in paragraph 5. 1.
Article 33. [ Objectives of establishment of works archives] 1. Works archives are created in the state organizational units and in the units of local government and other local organizational units in which archival materials arise. If necessary, you can create more than one target archive in these units.
2. If the entity referred to in paragraph 1, is the ministry, the archive of the works is created separately for each department of government administration, specified in the separate regulations.
3. The units in which the plant archives are formed shall determine:
1) in respect of units covering the activities of the area of the whole State-the Supreme Director of State Archives;
2) in relation to other units-the director of the relevant state archive.
Article 34. [ Obligations of the directors of the archives of the works] 1. The managers of the organizational units referred to in art. 33, they are required to provide:
1) the collection, storage, filing and adequate security of archival materials forming the archival resource of the subordinate archives of the subject;
2. the classification, qualification and bragging of the materials referred to in point 1, and the transfer of them to the competent national archives.
2. The managers of these units shall, moreover, be required to use the relevant archive material before outsourcing the design work.
3. If the organization unit is the office of government administration, the unit manager shall perform the tasks specified in the paragraph. 1 and 2 by the Director-General of that office, established on the basis of separate provisions.
Article 35. [ Scope of the works of the works archives] 1. Works archives include the activity scope of the business unit in which they were created.
2. The archival resource of the works archives constitutes archival materials created and created in connection with the activity of the organizational units in which they were created. The archives of the works may not have a historical resource; this does not apply to the archives of higher education institutions.
3. Archive resource of the works archives serves the needs of the units in which the archives were created. To use this resource by third parties, it is necessary to allow the manager of the organizational unit in which the archive exists.
Article 36. [ Record Stores] 1. In State and local government units other than those referred to in art. The 33 arising from them and the resulting documentation, which no longer apply in their activities, shall be collected in the records of the records.
2. The managers of the units referred to in the paragraph. 1 are required:
1) provide protection against destruction or loss of documentation collected in record stores;
2) allow the competent archive of the state to supervise the lack of documentation stored in the records of the records;
3) ensure that the records kept in the records are kept in records.
3. The documentation that is stored in the record stores serves the needs of the units in which the record stores were created. In exceptional cases, it is provided to third parties with the permission of the manager of the organizational unit in which the record store exists.
Article 37. (repealed).
Article 38. [ Entruning the collection and storage of archival materials to the organizational units] Organisational units, due to their specific nature or tasks, upon their request, the Supreme Director of the State Archives may entrust permanently or for a limited time a certain collection and storage of archival materials, specifying at this the conditions for entruning.
Article 39. [ Collection and storage of archival materials by libraries and museums] 1. Libraries and museums mentioned in art. 22 par. 2 (2), which collect and store archive materials entering the State archival resource, shall, as far as these materials are concerned, perform the functions of the units of the State archival network.
2. The organisational units referred to in the paragraph. 1 in the scope of the possessed archival stock are subject to the provisions of the Act.
Article 40. [ Application of provisions to staff employed in the Main Directorate of Archives] 1. The employees of the core business of the General Directorate of State Archives and the state archives shall apply the provisions on the employees of the state offices.
2. The regulations on the staff of scientific and research institutes are applied to the research and research staff employed in the Supreme Directorate of State Archives and in state archives.
Chapter 4
Non-State Archive Resource
Article 41. [ Create a non-state archive resource] 1. A non-state archive resource consists of archival materials that do not enter the state archive resource.
2. This resource is:
1. evidenced;
2) unaccounted for.
3. (repealed).
Article 42. [ The composition of the records of the non-state archival stock] The records of the non-state archive shall be constituted by archival materials arising from and arising from the activities of:
1) political parties,
2) political organizations, cooperative societies and other social organizations,
3) churches and religious associations,
4) other than those mentioned in point 2 of non-state organisational units and constituting their property.
Article 43. [ Restrictions on property of archival materials] 1. The property of archival materials referred to in art. 42, may not be traded; it is, moreover, restricted by the provisions of Article 4 (1) of 6 and Article 8.
2. (repealed).
3. (repealed).
Article 44. [ The transfer of archive materials to the State] 1. On the cessation of activities of the organizational units referred to in art. 42, their archival materials become state-owned and enter the state archival stock. They shall be transferred to the competent body of the state archival network indicated by the decision of the Chief Executive of the State Archives.
2. The materials referred to in art. 42, may become State-owned, with the consequences set out in the paragraph. 1, by decision of the competent authorities of non-state organisational units.
3. The materials referred to in paragraph. 2, may be transferred to the deposit of public archives.
Article 45. [ Records of materials entering the non-state archival resource] 1. The bodies of non-state organizational units shall be obliged to register, store and secure archival materials constituting the non-state archive resource.
2. The bodies referred to in paragraph. 1, determine the rules and mode of making available archival materials included in the non-state archival resource.
3. Archives of non-state organizational units may include also a historical asset within the meaning of art. 25 par. 2.
4. Co-operation of archives of non-state organizational units referred to in art. 42, with the state archival network, define the agreements between their competent authorities and the Minister for Culture and Protection of the National Heritage.
Article 46. [ Composition of unregistered non-state archival stock] An unregistered non-state archive resource shall create materials arising from and arising from the activities of natural persons who are the property of such persons or their legal successors.
Article 47. [ Transfer of unregistered non-State-owned archival stock] 1. The right of ownership of the persons referred to in art. 46, it is limited only by the provisions of art. 14.
2. Archival materials referred to in art. 46 may be traded for free and free of charge, subject to the limit referred to in paragraph 1. 1 and in Art. 9.
3. Transfer of ownership by way of purchase-sale of materials referred to in art. 46, in favour of the State is exempt from the tax on the acquisition of property rights and on notarial fees.
4. Transfer of ownership of materials referred to in art. 46, by way of inheritance or transcript, is exempt from inheritance tax and on notarial charges.
5. Article Recipe 44 par. 3 shall apply mutatis mutandis.
Article 48. (repealed).
Article 49. (repealed).
Article 50. (repealed).
Article 51. (repealed).
Chapter 4a
Economic activity in the storage of personal and wage documentation of employers with temporary storage
Article 51a. [ Execution of business activities for the storage of personal and wage documentation] 1. The economic activity in the area of storing personal documentation and paying employers with temporary storage period, hereinafter referred to as "documentation", is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2010 No. 220, item. 1447 and No 239, pos. 1593 and 2011 Nr 85, pos. 459), performed by the entrepreneur, and requires obtaining an entry in the register of traitors of personal and pay files, hereinafter referred to as the "register".
2. The activities referred to in paragraph 2. 1, may also be performed by:
1) State archives;
2) The Association of Polish Archivists.
3. The activities referred to in paragraph. 1, may be performed only by an entrepreneur who is a legal person or an organizational unit without legal personality.
Art. 51aa. (repealed).
Art. 51ab. [ Retention of documentation produced by liquidated cooperatives and cooperative organisations] The review unions of cooperatives and the National Cooperative Council shall keep the documentation produced by the liquidated cooperatives and cooperative organisations in the manner laid down in the provisions adopted on the basis of the art. 129 of the Act of 16 September 1982. -Cooperative law (Dz. U. 2003 r. Nr 188, pos. 1848, z późn. zm.).
Art. 51b. [ The authority of the registry] The register authority shall be the marshal of the voivodship due to the place where the activity covered by the entry is performed. The register may be kept in an IT system.
Art. 51c. [ Entry to register] 1. The entry in the register shall be made on the basis of an application by the trader containing the following [ 1]
1) the company of the entrepreneur and its registered office and address;
2) the number in the Register of Entrepreneurs;
3) tax identification number (NIP);
4) the names of persons entitled to represent the entrepreneur;
5) the definition of the scope of activities to be covered by the entry;
6) determination of the place or places in which the activity covered by the alert will be carried out and the date of its commencence;
7) statement that the entrepreneur on the day of submission of the application:
(a) there is no tax arrears,
(b) there is no arrears in respect of commitments to the Social Insurance Institution,
(c) does not appear in the Register of Debtors of the Insolvent National Court Register.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry to the register of the payers of the personal and pay files shall be complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the area of storing personal documentation and the wage of employers with temporary storage period, set out in Chapter 4a of the Act of 14 July 1983. about the national archival resource and the archives. ".
3. The statement shall also include:
1) the company of the entrepreneur and its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
4. [ 2] The Minister for Culture and the Protection of National Heritage shall specify the model of the application referred to in paragraph 1. 1, which contains the statement referred to in paragraph 1. 2, in the form of an electronic document within the meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235 and of 2014. items 183).
Art. 51d. [ Conditions for the performance of business activities in the area of storing personal and wage documentation] 1. Terms and conditions for the performance of the activities referred to in art. 51a (a) 1, are:
1) the entrepreneur's possession of the organizational and technical base providing the conditions for the keeping of the documentation specified in art. 51n and the relevant conditions for its making available;
2) the entrepreneur's possession of the rules of service, which will be provided within the activity covered by the inscription;
3) hiring an entrepreneur to carry out tasks related to the maintenance of documentation of a person with specialized education and professional practice.
2. The composition of the board of the entrepreneur shall not enter persons who have been punished for offences against the reliability of documents or property.
Art. 51e. [ Data to be entered in the register] The entry in the register shall be subject to the data referred to in Article 51c (1) 1 (1) to (6) and information on the economic operator's attitude to the liquidation or the declaration of bankruptcy.
Article 51f. [ Inclusion of the entry] 1. An entrepreneur entered in the register shall be issued a certificate of entry containing the following data:
1) the company of the entrepreneur and its registered office and address;
2) the scope of the business activity covered by the entry;
(3) the place of business of the business covered by the alert;
4) the date of commencing business activity.
2. The entrepreneur is obliged to immediately report to the Marshal of the voivodship any changes to the data referred to in art. 51c (1) 1 points 1 to 6, as well as information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy.
3. [ 3] The Minister for Culture and the Protection of National Heritage shall specify the model of the certificate referred to in paragraph 1. 1, in the form of an electronic document within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.
Art. 51g. [ Records of traitors of personal and wage records] 1. O registration of the entrepreneur in the register of the Marshal of the voivodship shall notify the Supreme Director of the State Archives within one month from the date of the entry, giving the data referred to in the paragraph. 4 points 1 to 4.
2. On the basis of the information obtained from the marshals of the voivodships and entrepreneurs the Supreme Director of the State Archives shall keep records of the trainers of the personal and wage files, hereinafter referred to as "the records".
3. The residence is overt.
4. The records shall be entered:
1) the company of the entrepreneur and its registered office and address;
2) the scope and place (s) of the activities;
3) information about the deletion of the entry from the register and the suspension or termination of the performance of the activity covered by the entry;
4) information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy;
5) the designation of the Marshal of the voivodship, who made the entry in the register;
6) the information referred to in paragraph. 6.
5. The Marshal of the voivodship shall notify the Supreme Director of State Archives of the change of the data mentioned in the paragraph. 4 points 1 to 4 within one month from the day on which the news is taken.
6. The entrepreneur shall transfer to the Head Office of the Social Insurance Institution and the Chief Executive of the State Archives the list of employers whose documentation the entrepreneur has taken over in a given calendar month, and the period from which this documentation comes, by the end of the following calendar month.
Art. 51h. [ Deletion of an entry in the register] The Marshal of the voivodship shall draw from the office, by decision, the entry in the register in the case of:
1) the adoption of the decision referred to in Article 71 (1) 1 of the Act of 2 July 2004. the freedom of economic activity;
2) the issuance of a final decision prohibiting an entrepreneur from performing an activity covered by the entry;
(3) where liquidation or bankruptcy proceedings involving the liquidation of the bankrupt property have been completed with the trader.
Art. 51i. [ Non-marketability of allowances resulting from entry in the register] Rights deriving from the entry in the register:
1. they are non-transferable;
(2) the company being acquired or any of the merging companies of the new company, as well as the company subject to division, do not pass on to the acquiring company or the newly established company;
(3) a cooperative of work which is subject to division or a merger with another cooperative, does not pass on cooperatives resulting from the division or merger.
Art. 51j. [ Scrutiny of the entrepreneur's activity entered in the register] 1. A control of the business activity in the scope of the register shall be carried out by the Marshal of the Voivodeship.
2. To carry out checks on the activities of the entrepreneur entered in the register of the Marshal of the voivodship may empower another state body or state organization unit specialized in the control of a given type of activity, concluding with such the body or body of an agreement defining the rules for carrying out checks, including the rules for its financing.
3. The first control of the entrepreneur entered in the register shall be carried out no later than the end of the year from the date of the entry.
Art. 51k. [ Terms of Service] 1. An entrepreneur shall perform his activity on the basis of the rules of service provision, specifying in particular:
1) the scope of the services provided;
2) the rules for the receipt of documentation for storage, records and storage;
3) the general rules for the protection of documentation against unauthorised persons;
4) the place of supply of services and the deadlines for their performance;
5) the mode of taking of the interest;
6) the manner and deadlines for making documentation available;
7) the amount of fees charged for the services;
8) procedures concerning the lack of documentation and destruction of documentation.
2. The Rules of Procedure referred to in paragraph 1. 1, the entrepreneur makes available in the premises where the interests are accepted.
Art. 51l. [ Application of provisions of the Civil Code] The provisions of the Civil Code concerning storage, excluding Article, shall apply to the performance of the activity covered by the entry in the register. 844 § 2.
Art. 51m. [ Qualifications of persons employed by the entrepreneur to work with documentation] 1. If, in connection with the economic activity covered by the entry in the register, the activities consisting in the collection, registration, development and security of documentation are carried out and on the issue of copies and copies thereof, the entrepreneur is they are obliged to employ those who have specialised education and professional practice in those activities.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the types of education deemed to be specific within the meaning of the paragraph. 1 and documents proving the possession of a professional practice, taking into account in particular the suitability of particular types of education for the activities performed, as well as the way of documenting the possession of professional practice, including types documents.
Art. 51n. [ Documentation protection] 1. The documentation shall be stored in conditions which ensure its proper protection against destruction and theft.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the conditions under which the documentation may be stored, taking into account in particular its protection against moisture, temperature changes and harmful effects of light.
Article 51a. [ Obligations of the entrepreneur in relation to the person to whom the documentation relates] At the request of the person to whom the dossier relates, the trader:
1) it shall transmit copies or copies of this documentation by post or other indicated by the requesting means, under the address indicated by it, by increasing the amount of the claim for the service for the incurred costs of that transfer, or
2) provide the requesting insights into the documentation on the site located in the territory of the Republic of Poland.
Art. 51o. [ Fees for writing a copy or a copy of the documentation stored] 1. The Minister for Culture and National Heritage shall determine, by way of regulation, the maximum amount of the fees charged by the entities referred to in art. 51a (a) 1 and 2, for the drawing up of a copy or a copy of the stored documentation, taking into account the costs incurred by those entities relating to the storage of the records and the drawing up of copies or copies, and in particular the costs of:
1) search for documents;
2) preparation of documents for the preparation of the copy or copy;
3) the drawing up of the copy or copy;
4) ensure appropriate conditions for storing the documentation.
2. The provisions issued on the basis of the authorization contained in the paragraph. 1 shall also apply to entities other than those referred to in Article 3. 51a (a) 1 and 2 storing the documentation.
Art. 51p. [ Indication of the operator of the documentation in the event of an entrepreneur being put into liquidation or announcing its bankruptcy] 1. In the case of the entrepreneur's attitude in liquidation or the announcement of his bankruptcy, respectively, the liquidator or the receiver of the bankruptcy mass shall indicate the conservator, whose documentation will be transferred for further storage, providing for the the purpose of the financial resources for the period remaining until the expiry of the contracts for the storage of this dossier concluded by the trader. In the absence of such an indication, the court shall designate a registration court, after the liquidator or liquidator has provided the bankruptcy mass of the financial resources referred to in the preceding sentence.
2. The conservator referred to in paragraph. 1, should obtain an entry in the register before taking over the documentation.
3. In the case of a determination by the registration court, at the request of the liquidator or the receiver of the bankruptcy mass, the impossibility of providing funds for the costs of further storage, the documentation takes over the entity supervising the organization unit to which the documentation was owned and, in the absence of such an entity, the state archives competent locally or indicated by the Chief Executive of the State Archives. Before issuing the order, the court shall consult the head of the tax office of the competent local authority for the establishment of the trader of his assets.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis if a trader is removed from the register before the expiry of the period of storage of the dossier.
5. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis if, before the expiry of the period of retention of the trader's records, the trader ceases to carry out the activity covered by the entry in the register.
6. In the event of a declaration of bankruptcy of the entrepreneur, the measures referred to in para. 1, they constitute a public tribute within the meaning of art. 342 (s) 1 point 2 of the Act of 28 February 2003. -Bankruptcy and remedial law (Dz. U. 2009 r. Nr 175, pos. 1361, of late. zm.).
7. To the funds to cover the cost of storing the documentation by the state archives, which took it in accordance with the mode set out in the paragraph. 3, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, of late. zm.), except that the powers of the tax authority, as provided for by these regulations, are entitled to the Director of the State Archives. If the execution of the cost of storing the documentation taken over by the state archives proves to be ineffective, then these costs are covered by the means at the disposal of the Chief Executive of the State Archives.
8. The amount of the financial resources to cover the costs referred to in paragraph 1. 7, establishes the Director of the State Archives, by means of a decision, taking into account the necessary expenses associated with the storage of the documentation.
9. To the proceedings concerning the determination of the costs referred to in the paragraph. 7, the provisions of the Act of 14 June 1960 apply. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. zm.).
Art 51r. [ Submission of records of temporary storage] In the cases referred to in art. 51p ust. 1 and 3-5, together with the documentation, the remaining documentation of the temporary storage period is transferred.
Art. 51s. [ Obligation to arrange documentation] Documentation to be provided for further storage in accordance with the procedure laid down in Article 51p ust. 1 or 3-5 shall be in advance of the order; the provisions of the documents shall be subject to the collation of the provisions of the Rules of the Rules of the European Community. 5 par. 2, with the exception of the obligation to supply each of the pages with a further number.
Art. 51t. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. about the freedom of economic activity.
Chapter 4b
Dealing with the personal and wage documentation in the event of liquidation or bankruptcy of the employer
Article 51u [ Indication of the entity acquiring the dossier] 1. In the event of the employer's putting into liquidation or announcing his bankruptcy, the employer shall indicate the entity carrying out the documentation storage activity, to which it will be transferred for further storage, providing for this objective of the financial resources for the remainder of the 50-year retention period of the record:
1) from the date of termination of work in a given employer-for personal documentation;
2) from the day of manufacture-for the payment documentation.
2. Specified in the mouth. 1. the obligation to indicate to the acquiring entity the documentation and to provide the means for its storage shall not apply to employers to whom the provisions of Article 3 of the Regulation are applicable. 5 par. 2.
3. In the case of the determination by the registration court, at the request of the employer subject to the entry into the National Court Register or to the records of the business activity, the impossibility of providing funds for the costs of further storage, the documentation takes over the state archives, created for this purpose by the minister competent for culture and the protection of national heritage.
4. Before the issue of the order on the application referred to in paragraph. 3, the court shall consult the head of the tax office competent for the seat of the employer of his or her estates.
5. Rules of Art. 51p ust. 6-9 shall apply mutatis mutandis.
6. The documentation provided by the employer for further storage should be before the transfer ordered; for the ordering of the documentation the provisions issued on the basis of art shall apply accordingly. 5 par. 2, with the exception of the obligation to supply each of the pages with a further number.
Art. 51w. [ State Archive Tasks] For the tasks of the state archives referred to in art. 51 in the mouth. 3, in particular the filing, storage, securing and making available of the acquired documentation and the issuing of copies and copies thereof; the archive may perform other tasks provided for in the Act for State Archives.
Art. 51z. [ Proceedings with the documentation belonging to the employer removed from the KRS or from the records of the business activity] 1. The Chief Executive of the State Archives may issue a decision ordering the submission of the documentation, which belonged to the employer removed from the National Court Register or from the records of the business activity, for the paid storage in the indicated a state archive where there is a threat of its destruction, in particular as a result of the impact of atmospheric or unlawful acts of third parties, and there is no legal basis for it to be transferred to another entity for further store.
2. Prior to the release of the decision the Supreme Director of the State Archives makes an assessment of the documentation at the place where it is located.
3. The decision referred to in paragraph 3. 1, a rigor is suitable for immediate enforceability.
4. For the execution by the Chief Executive of the State Archives of the State Archives related to the assessment referred to in paragraph. 2, the provisions of the Act of 17 June 1966 shall apply accordingly. on enforcement proceedings in the administration (Dz. U. of 2005 No. 229, item. 1954, with late. zm. zm.), concerning the security of performance of non-monetary obligations.
5. The costs of taking over, on the basis, safing and maintenance of documentation by the State archives shall be jointly and severally liable to the managing authority or the functions of the managing body of the employer on the date of its removal from the National Court Register or the records of economic activity.
6. Rules of Art. 51p ust. 6-9 shall apply mutatis mutandis.
Chapter 5
Penal provisions
Article 52. [ Liability for damage or destruction of archival materials] 1. Who, having a special obligation to protect archival materials, damages them or destroys them,
shall be punished by imprisonment for the years 3.
2. If the perpetrator acts inadvertently,
shall be subject to a fine or penalty of restriction of liberty.
Article 53. [ Liability for export of archive materials abroad without authorization] 1. Who, without authorization, exports the archival materials abroad or after being exported abroad does not bring them to the country within the time limit set in the permit,
shall be punished by imprisonment for the years 3.
2. If the perpetrator acts inadvertently,
shall be subject to a fine or penalty of restriction of liberty.
3. The Tribunal may declare the forfeiture of archival materials constituting the object of the offence
Article 54. [ Liability for disposal without permission of archival materials] 1. Who is disposed of, assists in the divestment or acquisition of archival materials forming part of the national archive resource, if he/she knew that the buyer would like to export them abroad without authorization,
shall be punished by imprisonment for the years 3.
2. If the perpetrator acted inadvertently,
shall be subject to a fine or penalty of restriction of liberty.
Article 55. (repealed).
Chapter 6
Amendments to the provisions in force
Article 56. (bypassed).
Chapter 7
Transitional and final provisions
Article 57. (bypassed).
Article 58. [ Explanatory provisions] 1. Acting hitherto on the basis of implementing acts to the decree of 29 March 1951. about state archives (Dz. U. Nr 19, pos. 149 and 1975. No 16, pos. 91) central and voivodship state archives become from the date of entry into force of the Act of State Archives within the meaning of the Act.
2. (bypassed).
3. (bypassed).
Article 59. [ Repealed provisions] The Decree of 29 March 1951 is repealed. about state archives (Dz. U. Nr 19, pos. 149 and 1975. No 16, pos. 91).
Article 60. [ Entry into force] The Act shall enter into force on 1 January 1984.
[ 1] Article 51c (1) 1 in the wording set by Article 1. 2 point 1 (c) a) of the Act of 24 April 2014. to amend certain laws in relation to the standardization of certain write patterns in administrative procedures (Journal of Laws item. 822). The amendment came into force on 25 December 2014.
[ 2] Article 51c (1) 4 added by art. 2 point 1 (c) (b) of the Act of 24 April 2014. to amend certain laws in relation to the standardization of certain write patterns in administrative procedures (Journal of Laws item. 822). The amendment came into force on 25 December 2014.
[ 3] Article 51f (1) 3 added by art. 2 point 2 of the Act of 24 April 2014. to amend certain laws in relation to the standardization of certain write patterns in administrative procedures (Journal of Laws item. 822). The amendment came into force on 25 December 2014.
